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HomeMy WebLinkAbout04/07/2020BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 7, 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 This meeeting can be attended virtually by accessing YouTube Live. Instructions can be found on the back of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Hugh King, First Church of the Nazarene 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4 ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of April, 2020 As Child Abuse Prevention Month Attachments: Proclamation 5.B. Presentation of Proclamation Designating April 19 Through April Crime Victims' Rights Week Attachments: Proclamation 2020 As April 7, 2020 Page 1 of 9 6. APPROVAL, OF MINUTES 6.A. Regular Meeting of December 17, 2019 6.B. Regular Meeting Minutes of January 07, 2020 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Designating April 2020 as Water Conservation Month in Indian River County Attachments: Proclamation 7.B. Resignation of Jim Kordiak, as Citizen Member Appointee to the Value Adjustment Board Attachments: Resignation of Jim Kordiak - VAB 7.C. Florida Public Service Commission Order PSC -2020 -0085 -TRF -E1 approving FPL's light emitting diode (LED) streetlight tariff and LED streetlight agreement; effective 3/3/2020; if no timely protest order to become final and effective on issuance of a CO and docket to be closed; protest due 4/13/2020 is on file in the Office of the Clerk to the Board. 7.D. Update on Virgin Trains Expenses Attachments: Staff Report Virgin Trains Expenses 8. CONSENT AGENDA 8.A. Checks and Electronic Payments March 6, 2020 to March 12, 2020 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments March 13, 2020 to March 19, 2020 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments March 20, 2020 to March 26, 2020 Attachments: Finance Department Staff Report 8.D. Annual Financial Report Attachments: Finance Department Staff Report 8.E. Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds for FY 2020/21 Attachments: Staff Report Resolution Grant Application Budget Form April 7, 2020 Page 2 of 9 8.F. FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 1 for Project No. IRC -1505, FM No. 436379-1-54-01;436379-1-54-02 Attachments: Staff Report Authorizing Resolution Indian River County Grant Form FDOT TRIP Supplemental Agreement No. 1 8.G. Work Order No. 15, MBV Engineering, Inc. 11th Drive and 37th Street Intersection Improvements (IRC -2001) Attachments: Staff Report Work Order No. 15 8.H. Sector 3 Beach & Dune Nourishment Project, APTIM Amendment No. 1 to Work Order 2018006-4 (IRC 1926) Attachments: Staff Report Amendment No. 1 to WO #2018006-4 8.I. Approval of License Agreement with Vero Beach Amateur Radio Club Inc., for Partitioned Section of the Donald McDonald Campground Office to Include Space Behind the Office For Construction of One Antenna. Attachments: Staff Report Vero Beach Amateur Radio Club Lease 8.J. North County Library Addition - Donadio & Associates, Architects, P.A. - Work Order No. 3 Attachments: Staff Report Donadio & Assoc - Work Order #3 w Exhibit A 8.K. Jones Pier Residence Repairs Final Payment and Release of Retainage Attachments: Staff Report Release of Retainage - Jones Pier Houses 8.L. Work Order Number 3 -Continuing Engineering Services RFP 2018008 - Coastal Design & Engineering, LLC - Permitting and Design for a Dune Crossover Replacement at Seagrape Trail Park Beach Access Attachments: Staff Report Work Order Summary of Fees 8.M. Approval of First Extension and an Amendment to the Agreement for Contract Services for Beach Parks Maintenance - Janitorial Services Attachments: Staff Report First Extension CER Signature Cleaning - DR April 7, 2020 Page 3 of 9 8.N. Memorandum of Understanding with the Teamsters Local Union 769 regarding COVID-19 Attachments: Staff Report MOU with Teamsters Local 769 Families First Coronavirus Response Act - 2 FFCRA Poster Non -Federal 8.0. Annual HUD Grant Renewals for Continuum of Care (CoC) Programs Attachments: Staff Report Indian River BOCC--FLO418L4H091907 Indian River BOCC--FL0380L4H091905 Indian River BOCC--FL0360L4H091910 Indian River BOCC--FL0116L4H091912 Indian River BOCC--FL0114L4H091912 Indian River BOCC--FL0440L4H091908 8.P. Request to Waive the Bid Process for North Berm Maintenance Project at the Spoonbill Marsh Facility Attachments: Staff Report Cathco Inc Proposal 8.Q. Utility Work by Highway Contractor Master Agreement with FDOT; Utility Relocations - I-95 & Oslo Road Interchange; FDOT Project #413048 • Attachments: Staff Report FDOT - Highway Contractor Master Agreement 8.R. Purchasing Requirements Attachments: Staff Report 8.S. Osprey Acres Floway and Nature Preserve - Utilities Attachments: Staff Report Bill of Sale of Utility Facilities Cost Estimate (Exhibit "A" to Bill of Sale) 8.T. Resolution Cancelling Taxes on Property Purchased by Indian River County for Public Purpose Attachments: Staff Report Resolution April 7, 2020 Page 4 of 9 8.U. Award of Bid# 2020032 - Medical Services for Persons with Special Needs (PSN) Shelter Attachments: Staff Report Sample Agreement 8.V. Amendment to Ground Space Lease Agreement with Cellco Partnership d/b/a Verizon Wireless Attachments: Staff Report Third Amendment to Tower and Ground Space Lease 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Deryl Loar re: Law Enforcement Trust Fund, County Fund 112 - Special Law Enforcement Attachments: Sheriff memorandum 9.B. Indian River County Clerk of the Circuit Court and Comptroller, Jeffrey R. Smith: Notice of Comprehensive Annual Financial Report (CAFR) and Popular Annual Financial Report (PAFR) Completion for fiscal year 2018-2019 Attachments: Finance Department Staff Report 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Magnolia Manor Holdings, LLC's Request for Special Exception and Conceptual Planned Development (PD) Plan Approval for a Project to be known as Magnolia PD [PD -18-11-14 / 2005030306-82553] Attachments: Staff Report Location Map Planning and Zoning Minutes Aerial Conceptual/Preliminary PD Plan Landscape Plan 10.A.2. Michael & Jill Bentley's Request for Abandonment of a 30' Wide Portion of an 80' Right -of -Way for 4th Avenue SE, Adjacent to Lot 1, Unit 3 of the River Shores Estates Subdivision [ROWA-19-02-01 / 2001100164-83290] (Legislative) Attachments: Staff Report Location Map Abandonment Resolution Resolution Exhibit A April 7, 2020 Page 5 of 9 10.A.3. Public Hearing: Modification to County Code Sections 201.64 and 201.65 (Legislative) - Attachments: Staff Report Draft Ordinance 10.A.4. Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) Attachments: Staff Report BCC 3/3/2020 Meeting Draft Minutes Proposed Ordinance Florida Right to Farm Act (F.S. 823.14) B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Dr. Miles Conway, South Beach Property Owners. Association, Inc re: COVID-19 -- Public and Permanent Resident Safety and Financial Protocols Related to Public Lodging Establishments Attachments: Public Discussion Request Miles Conway C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Coronavirus Update Attachments: Staff Report 11.B. Ratification of County Administrator's Actions Under Resolution No. 2020-031 Attachments: Staff Report High Pointe . cash deposit 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 F. Public Works April 7, 2020 Page 6 of 9 G. Utilities Services 12.G.1. Suspension of Delinquency Charges associated with Utility Services through April 30, 2020, due to COVID-19 Attachments: Staff Report 12.G.2. Sole Source Purchase of Tyler Software and Services Attachments: Staff Report Tyler Software Quote 12.G.3. Sole Source for Trillium Pumps USA SLC LLC Attachments: Staff Report Trillium Pumps USA SLC LLC Quotation #1123806 Sole Source Letter Trillium Pumps USA SLC LLC 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on the Coronavirus Aid, Relief, and Economic Security Act Attachments: Commissioner's Memorandum CARES Supplemental Information D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Meeting Minutes November 19, 2019 15.B.2. Approval of Minutes Meeting December 10, 2019 15.B.3. Final Pay to Geosyntec for Work Order No. 5 - One Year of Groundwater Monitoring Reporting and Related Consulting Services at the Former South Gifford Road Landfill Attachments: Staff Report Geosyntec Project Completion Report Final Invoice April 7, 2020 Page 7 of 9 15.B.4. CCNA-2018 Work Order No. 32 to Kimley-Horn for the Solid Waste Disposal District Household Hazardous Waste and Recycling Facility Conceptual Design Attachments: Staff Report CCNA 2018 Work Order No 32 Kimley Horn 15.B.5. Approval of Amendment No. 1 to Recycling Services at Government Buildings and Facilities Agreement Attachments: Staff Report Amendment No 1 15.B.6. Final Pay to CDM Smith for CCNA 2018 Work Order No. 3 Annual Permit Compliance and Monitoring Attachments: Staff Report CDM Smith Project Completion Report Final Invoice C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any . action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the .proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:OO 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. , April 7, 2020 Page 8 of 9 671 PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2020 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3.2 million of our nation's children annually and over 3,500 children locally; and WHEREAS, the abuse and neglect of children can cause severe, costly and lifelong problems, including physical and mental health problems, school failure and criminal behavior, which affects all of society; and WHEREAS, increased public awareness of the devastating problem of child abuse and neglect is our strongest weapon in the fight to end it; and WHEREAS, community organizations such as all the Exchange Clubs in Indian River County, the Exchange Club of Indian River, the Exchange Club of the Treasure Coast, the Exchange Club of Vero Beach, the Exchange Club of Fellsmere and the Exchange Club of Sebastian, and other organizations who make children a top priority take action to support the physical, social, emotional, and educational development and competency of all children; and WHEREAS, during the month of April, Prevent Child Abuse Florida in collaboration with the Governor's Office of Adoption and Child Protection, the Florida Department of Children and Families, and the Ounce of Prevention Fund of Florida, will implement Pinwheels for Prevention, a statewide campaign promoting awareness of healthy child development and positive parenting practices. The National Exchange Club will honor all children by wearing blue on Mondays during the month of April. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, that the month of April, 2020, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and all residents are urged to engage in activities whose purpose is to strengthen families and communities to provide the optimal environment for healthy child development. Adopted this 7th day of April, 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 DESIGNATING APRIL 19 THROUGH APRIL 25, 2020 AS CRIME VICTIMS' RIGHTS WEEK WHEREAS, victims of crime across America need and deserve support and assistance to help them cope with the consequences of crime; and, WHEREAS, National Crime Victims' Rights Week offers us all the opportunity to promote Strength In Unity in helping victims and survivors of crime through a wide range of supportive services offered by over 10,000 community and justice system -based programs, and the more than 32,000 federal and state statutes that define and protect their rights; and, WHEREAS, by being united against crime and for victim's rights and services we gain strength as individuals, as communities, and as a nation as a whole, and offer strength to victims who seek to recover in the aftermath of crime; and, WHEREAS, America has joined together annually each April since 1981 to recognize the needs and rights of crime victims and survivors during National Crime Victims' Rights Week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that April 19 through April 25, 2020 be designated as CRIME VICTIMS' RIGHTS WEEK in Indian River County, and the Board honors crime victims and those who serve them during this week and throughout the year. Adopted this 7th day of April, 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 2 7A PROCLAMATION DESIGNATING APRIL 1 THROUGH APRIL 30, 2020 AS WATER CONSERVATION MONTH IN INDIAN RIVER COUNTY WHEREAS, water is a basic and essential need of every living creature; and WHEREAS, The State of Florida, Water Management Districts and Indian River County are. working together to increase awareness about the importance of water conservation; and WHEREAS, Indian River County and the State of Florida have designated April, typically a dry month when water demands are most acute, Florida's Water Conservation Month; to educate citizens about how they can help save Florida's precious water resources; and WHEREAS, Indian River County has always encouraged and supported water conservation, through various educational programs and special events; and WHEREAS, every business, industry, school, and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school, and citizen can help by saving water and thus promote a healthy economy and community; and WHEREAS, Indian River County is calling upon each Florida citizen and business to help protect our precious resource by practicing water -saving measures and becoming more aware of the need to save water; and NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the month of April 2020, be designated as WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to use this occasion to increase their awareness of the importance of Water Conservation and the need to use Water more efficiently. Adopted this 7th day of April, 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 3 7B CLERK TO THE BOARD INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: March 18, 2020 FROM: Terri Collins -Lister, Value Adjustment Board Clerk SUBJECT: Resignation of Jim Kordiak, as Citizen Member Appointee to the Value Adjustment Board Mr. Jim Kordiak has tendered his resignation as Citizen Member Appointee to the Value Adjustment Board, effective March 18, 2020. Anyone interested in serving on the Value Adjustment Board as the Citizen Member (must own homestead property within the County, F.S. 194.015), who meets the requirements, will need to submit an application and resume to the Board of County Commissioners Office, County Administration Building A, 1801 27th Street, Vero Beach, FL 32960. Applications can be accessed online at www.ircgov.com/Boards/Committee Application.pdf or the Board of County Commissioner's Office. 4 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of a permanent optional LED streetlight tariff, by Florida Power & Light Company. DOCKET NO. 20190223 -EI ORDER NO. PSC -2020 -0085 -TRF -EI ISSUED: March 23, 2020 The following Commissioners participated in the disposition of this matter: GARY F. CLARK, Chairman ART GRAHAM JULIE I. BROWN DONALD J. POLMANN ANDREW GILES FAY ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S LIGHT EMITTING DIODE (LED) STREETLIGHT TARIFF AND LED STREETLIGHT AGREEMENT BY THE COMMISSION: BACKGROUND On December 30, 2019, Florida Power & Light Company (FPL) filed a petition seeking approval of a permanent Light Emitting Diode (LED) Streetlight Tariff (LT -1) and accompanying LED Streetlight Agreement (LT -1 Agreement) (jointly, LED tariff). The optional LED tariff is available for lighting private or public streets, roadways, parking lots, homeowners associations' common areas, and parks. In March 2017, we approved the LED tariff as a three-year pilot program and directed FPL to file a petition by end of December 2019 to modify, terminate, or make permanent the pilot LED tariff and accompanying LT -1 Agreement.' Accordingly, FPL submitted the instant petition requesting the pilot program, with certain revisions, be made permanent. The proposed revisions to the LED tariff provide additional LED fixture options, and revised maintenance and conversion recovery charges based on updated costs. All other aspects of the pilot program remain unchanged. On February 11, 2020, FPL filed revised tariff sheets to correct minor errors. The revised LED tariff sheets are included in Attachment A to this order. This petition, as was the pilot program, is consistent with FPL's 2016 rate ease settlement which permits the filing of optional tariffs.2 In 2013, FPL began offering FPL -owned LED lighting under its Premium Lighting (PL - 1) tariff. The PL -1 tariff was first approved in 1998 and is available to any customer wishing to 'Order No. PSC -17 -0115 -TRF -EI, issued on March 28, 2017, in Docket No. 20160245 -EI, In re: Petition for approval of a new optional pilot LED streetlight tariff, by Florida Power & Light Company. 2 Order No. PSC -16 -0560 -AS -EI, issued on December 15, 2016, in Docket No. 20160021 -EI, In re: Petition for rate increase by Florida Power & Light Company. ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 2 have lighting installations in streets, parking lots, or homeowners association common areas.3 Pursuant to the PL -1 tariff, customers are required to pay a lump sum in advance for the construction of LED lighting facilities. By 2016, FPL had 653,165 High Pressure Sodium vapor (HPSV) street light fixtures in service. Due to the upfront payment requirement and conversion costs from HPSV to LED lighting, only 1,691 LED fixtures were installed as of June 2016. The current pilot LED tariff was designed to offer customers additional lighting options and allow customers to convert from HPSV to LED lighting by paying for those costs through a monthly charge instead of paying an upfront cost. The LED pilot tariffs became effective on March 7, 2017 and the 3 -year pilot terminates on March 6, 2020. Customers taking service under the LED tariff are required to sign the LT -1 Agreement for an initial term of 10 years. During the review of this petition, a data request to FPL was issued to which responses were received on January 29, 2020. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). DECISION In the instant petition, FPL proposes four revisions to the current LED tariffs: 1) remove the word pilot, 2) provide additional LED fixture options, 3) revise the maintenance charges, and 4) revise the LED conversion recovery charge. The only proposed changes to the LT -1 Agreement tariff sheets are a change to the tariff manager's name. FPL explained that the number of installed LED fixtures increased from 1,691 as of June 2016 to 195,000 as of October 2019. FPL further stated that there is customer demand for additional and more expensive styles of fixtures and that it has approximately 735 customers such as homeowner associations, commercial entities, and city and county governments who have expressed interest in new LED fixtures or conversions to. LED lighting. Monthly LED Tariff Charges As with the current pilot LED tariff, the proposed LED tariff charges are comprised of three components: a fixture charge, an energy charge, and a maintenance charge, consistent with other lighting tariffs electric utilities offer. In addition, the LED tariff includes an LED conversion charge for customers who choose to convert existing non -LED fixtures to LED fixtures. The revised charges are discussed below. All other Commission -approved street lighting cost recovery factors such as fuel or storm recovery charges will also apply. Additional Fixture Options The available LED fixtures are shown in a catalog on FPL's website4 as it allows FPL to update the catalog as needed to offer customers the latest LED fixtures. Each fixture shown in the catalog is assigned the appropriate fixture and energy tier. A sample page of the catalog is shown in Exhibit E to the petition. 3 Order No. PSC-98-0260-FOF-EI, issued on February 9, 1998, in Docket No. 971256 -EI, In re: Petition for approval of premium lighting and recreational lighting service rates schedules and agreements by Florida Power & Light Company. 4 www.fpl.com/LED ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 3 The matrix (titled Monthly Rates for LED Fixtures), included in Tariff Sheet No. 8.736 (see Attachment A, page 3 of 10), shows the fixture and energy charges applicable to each fixture. Fixtures vary by style, watts, lumens, and other factors. FPL explained that customers have been requesting more expensive fixtures and/or higher wattage fixtures than currently available. FPL, therefore, proposed to include additional fixture and energy tiers in the matrix to accommodate the demand for additional fixture options. With the additional fixture options, the expanded matrix will show a total of 15 fixture tiers and 31 energy tiers. The 15 fixture tiers are shown on the X axis and each tier represents the monthly fixture charge for LED fixtures whose installed costs fall within the range covered by that tier. Each tier increases by $3. The individual fixture cost is based on the estimated cost to install plus the carrying costs associated with the initial capital investment (cost of capital, depreciation, property tax, and insurance cost). This all -in cost is annualized using the asset life, and then divided by 12 to arrive at the monthly fixture cost. The monthly cost is then assigned to the appropriate fixture tier on the LED matrix. FPL provided the calculation of a monthly fixture cost in response to Staff's First Data Request No. 9. We find that the monthly fixture cost calculation methodology used by FPL is reasonable. The 31 energy tiers are shown on the Y axis and each tier represents the monthly energy charge for fixtures whose energy usage falls within specified wattage ranges. Each energy tier increases by $0.20. FPL provided the calculation of a monthly energy charge in response to Staff's First Data Request No. 11. We find that the monthly energy charge calculation methodology used by FPL is reasonable. Maintenance Charges FPL reduced the maintenance charge from $1.82 to $1.29 per fixture for fixtures on FPL - owned poles and from $1.27 to $1.03 per fixture for fixtures on customer -owned poles. The proposed maintenance charges are based on FPL system -wide maintenance costs for LED fixtures. FPL explained that the calculation of the current maintenance charge was based on mostly HPSV fixtures, as in 2016 the majority of FPL's lighting infrastructure was comprised of HPSV fixtures. However, with the increase in LED fixtures in recent years, FPL stated that it now has more maintenance data specific to LED fixtures. The data show that the maintenance costs for LED fixtures are lower than for HPSV fixtures, resulting in the proposed lower maintenance charges. The maintenance charge for fixtures on customer -owned poles ($1.03) is set at 80 percent of the maintenance charge for fixtures on FPL -owned poles ($1.29). FPL explained that approximately 20 percent of the maintenance expense is related to pole or conductor repair. We find that the monthly maintenance charge calculation methodology used by FPL is reasonable. The maintenance charge is designed to recover the costs associated with maintaining the LED street light system and includes costs such as repairing poles, conductors, cable, replacing photocells, or replacing connectors. FPL proposes to continue to utilize a method of allocating maintenance charges which relies upon a flat fee per fixture rather than varying the fee based on the cost of the fixtures. Conversion Recovery Fee ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 4 Customers requesting to convert from HPSV under the SL -1 tariff to LED lights under the LED tariff pay a monthly conversion recovery fee. The conversion recovery fee allows FPL to recover the remaining net book value and removal costs of the HPSV fixtures over a 25 -year term. FPL proposes to revise the monthly conversion recovery fee from $1.03 to $1.87 per fixture based on updated cost assumptions and a correction to the calculation. FPL explained that the quantity of HPSV lights installed has increased since 2016, resulting in a higher net book value per light. The removal cost per light, on the other hand, has reduced as the estimated time to remove a light has decreased. Finally, the cost of capital rate has been updated based on FPL's current pre-tax cost of capital of 10.36 percent. FPL calculated a levelized payment stream of the net book value plus removal cost multiplied by the cost of capital rate, over the 25 -year term of recovery. FPL further explained that its current cost recovery fee calculation included a formula error, resulting in an understated conversion recovery fee. We find that the monthly conversion recovery fee calculation methodology used by FPL is reasonable and that the proposed increase in the conversion recovery fee will be partially offset by the reduction in the proposed maintenance charges. As a result of the pilot program's popularity, FPL is proposing to make the LED tariff and accompanying LT -1 Agreement permanent. This optional LED tariff will provide more LED lighting options to customers. Based on our review of FPL's petition and responses to data requests, we hereby approve as a permanent tariff FPL's LED tariff as shown in Attachment A to this order. The LED tariff and associated agreement shall become effective as of our vote on March 3, 2020. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's Light Emitting Diode Streetlight Tariff and accompanying Light Emitting Diode Streetlight Agreement, as stated on Attachment A, are hereby approved as a permanent tariff It is further ORDERED that the effective date of Florida Power & Light Company's Light Emitting Diode Streetlight Tariff and Streetlight Agreement shall be March 3, 2020. It is further ORDERED that if no timely protest is filed, within 21 days of the issuance of this order, the tariffs shall remain in effect pending resolution of the protest. If no timely protest is filed, this docket shall be closed upon the issuance of a consummating order. 4-4 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 5 By ORDER of the Florida Public Service Commission this 23rd day of March, 2020. /s/ Adam J. Teitzman ADAM J. TEITZMAN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. SBr ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 6 NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on April 13, 2020. In the absence of such a petition, this Order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 7 FLORIDA POWER & LIGHT COMPANY ATTACHMENT A r'if� it tIISiatieth Revised Sheet No. 8.010 Cancels Fifty-EihtNinth Revised Sheet No. 8.010 INDEX OF RATE SCHEDULES RATE SCHEDULE DESCRIPTION SHEET NO. BA Billing•Adjustments 8.030 SC Storm Charge 8.040 GS -1 General Service - Non Demand (0-20 kW) 8.101 GST -1 General Service - Non Demand -Time of Use (0-20 kW) 8.103 GSD -1 General Service Demand (21.499 kW) 8.105 GSDT-1 General Service Demand - Time of Use (21-499 kW) 8.107 GSL. General Service Load. Management Program 8.109. NSIGIR Non -Standard Meter Rider 8'::120 GSC1J-1 General Service Constant Usage. 8.122 12S-1. Residential Service 8.201 RTR-1 Residential Time of Use Rider 8.203 CU Common Use Facilities. Rider. 8.211 RLP Residential Load Control Program 8.217 GSLD-1 General Service Large Demand (500-1999 kW) 8.310 GSLDT-1 General Service Large Demand - Time of Use (500-1999 kW) 8.320 CS -1 Cdrtailable Service (500-1999 kW) 8.330 CST -1 Curtailable Service -Time of Use (500-1999 kW) 8.340 GSLD-2 General Service Large Demand (2000 kW +) 8.412 GSLDT-2 General Service Large Demand - Time of Use (2000 kW +) 8.420 HLFT High Load Factor - Time of Use 8.425 CS -2 Curtailable Service (2000 kW +) 8.432 CST -2 Curtailable Service -Time of Use (2000 kW.+) 8.440 CST -3- c'urtailabie Service Time,ofUse (69 kV or above) 8.542 CS -3 Curtailable Service (69 kV or above) 8:545 GSLD-3 General Service Large Demand (69 kVorabove) 8.551 GSLDT-3 General Service Large Demand - Time of Use (69 kV or above) 8.552 OS -2 Sports Field Service 8.602 MET Metropolitan Transit Service 8.610 CILC-1 Commercial/Industrial Load Control Program (Closed Schedule) 8.650 CDR Commercial/Industrial Demand Reduction Rider 8.680. SL -1 Street Lighting 8.715 SLAM Street Lighting Metered Service 8.718 PL -1 Premium Lighting 8.720 OL -1 Outdoor Lighting 8.725 SL -2, Traffic Signal Service 8.730 SL -2M Traffic Signal Metered Service 8.731 LT -1 LED Lighting Pilet 8.735 RL -1 Recreational Lighting 8.743 SST -1 Standby and Supplemental Service 8.750 ISST-1 Intennptible Standby and Supplemental Service 8.760 EDR Economic Development Rider 8.800 DS MAR Demand Side Management Adjustment Rider 8.810 TR Transformation Rider 8.820 SDTR Seasonal Demand - Time of Use Rider 8.830 OSP-1 Supplemental Power Services Rider Pilot 8.845 EFEDR EXisting Facility Economic Development Rider 8.900 CISR Commercial/Industrial Service Rider 8.910 VSP Voluntary Solar. Partnership Pilot Program 8.930 Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: k -1h-2018 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 8 FLORIDA POWER &:LIGHT COMPANY First Revised Sheet No. 8.735 Cancels Original Sheet No. 8.735 LED LIGHTING PILOT RATE SCHEDULE: LT -1 AVAILABLE: In specific territories served, upon request of the entity that has jurisdiction over the area being lighted Contact FPL for available installation territories. APPLICATION: For the purpose of lighting streets whether public or private; roadways, and common areas, other than individual residential locations. This includes but is not limited to parkinglots, homeowners association common areas, or parks. TYPE OF INSTALLATION: FPL -owned fixtures normally willbe mounted on poles of FPL's existing distribution system and served from overhead wires. On request. of the Customer, FPL will provide special poles or underground wires at the charges specified below. FPL, at its discretion, may offer the customer the option of FPL -owned fixtures attached to poles owned by the customer. SERVICE: Service includes energy from dusk .each day until dawn the following day and. maintenance of FPL -owned Lighting Systems. Maintenance includes replacement or repair. of any circuit component to assure the facilities are operational- and safe: LIMITATION OF SERVICE: Stand-by'or resale service is not permitted hereunder. CUSTOMER CONTRIBUTIONS: A Contribution -in -Aid -of -Construction (CIAC) will be required for: a) the differential cost between employing rapid construction techniques in trenching; backfilling and pole installation work where. no obstructions exist, and the added cost to overcome obstructions such as sprinkler systems, paved surfaces (such as sidewalks, curbs, gutters, and 'roadways), landscaping; sodding and other obstructions encountered along the 'Lighting System installation route, including repair and replacement If the Customer elects to perform work such as trenching and restoration, they will be reimbursed by.FPL with a credit (not toexceed the total CIAC cost) for the value of this work as determined by FPL; b) the installation cost of any new overhead distribution facilities and/or the cost of alterations to existing distribution facilities. which are required in order to serve the Lighting System less four (4)'times the additional annual non -fuel energy revenue generated by the •installation or alteration of the Lighting System, .plus where underground facilities are installed, the differential'installation cost between underground and overhead•distiibution facilities. These costs shall be paid by the Customer prior to the initiation of any:construction work by FPL. The Customer shall also pay any additional costs associated with design modifications' requested after the original estimate has been made. (Continued on Sheet No. 8.736) Issued by: "S-E.-RomrigTiffanv Cohen,. Director, Rates and Tariffs Effective: 4awcl -7T 2014 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 9 FLORIDA POWER & LIGHT COMPANY First Revised Sheet No. 8.736 Cancels Original Sheet No. 8.736 (Continued from Sheet No. 8.735) REMOVAL OF FACILITIES: If FPL owned Lighting facilities are removed either by Customer request or termination or breach of the agreement, the customer will pay the fixture, pole, and conductor charges for the period remaining on the currently active term of service plus the. cost to remove the facilities. These charges do not apply to street light conversions from FPL owned facilities covered under SL -1 to FPL owned LED facilities under Ibis tariff. In all cases, should the Customerrequest termination of the agreement, such termination will require written notice 90 days prior to the date of termination. Conversion of FPL Owned Streetlights (SL -1 facilities) to LED: For customers converting Street Lights as per FPL's SL -1 Street Lighting Tariff paying the LED Conversion Recovery charge, there will be no charges for the fixtures being removed. Any other charges for relocation or replacement of FPL owned facilities would still apply. CHANGE IN FIXTURE SIZE OR TYPE: At the Customer's request; the Company will upgrade to a higher level of illumination when the changes are consistent with good engineering practices. The customer will pay the original installed cost of the removed fixtures, less any salvage value and depreciation, plus removal costs and will receive a credit for 4 years additional revenue generated by the larger fixtures. If changes are required to the distribution system to support the larger lights, standard CIAC charges as described on sheet 8.735 will also apply. The Customer wiC , ray the Company the net costs incurred in making other fixture changes. Customers converting HPSV fixtures to LED and paying the LED Conversion Recovery Charge will not be charged for the fixtures being removed, as noted in the preceding paragraph. In all cases where luminaires are replaced, the Customer will sign a new service agreement. Billing on the rate for the new luminaire or lamp size will begin as of the next regular billing date. A luminaire may be relocated at the Customer's request upon payment by the Customer of the full cost of removal and reinstallation. ES for LED Fixtures": " Catalog of available fixtures and the assigned billing tier for each can be viewed at www.FPL.com/partner/builders/lighting.html (Continued on Sheet No. 8.737) Issued by: c :cam , omigTiffanv Cohen, Director, Rates and Tariffs Effective: March 707 4-0I Rxtu re T er 1 :2 3,. 4 5 6 7 :8 9 10 it12 '13 14 15 Energy Tie, A B C E F G H I- J K L M N O Q R T 11 V- .ii X. Y A. 139.. L 110'. EE Charge 5 - $ 0.20 $ 0.40 $ 0.60 $ 0.80 5 1.00 $ 1.20 $ 1.40 S 1.60 $ 1.80 $ 2100 $ 2.20 $ 2.40 $- 2.60 S 2.80 S 3.20 S 3.40 S 3.60 S 3:80 '50:20 1.50 4.50 7.50 10.50 13.50 16.50 19.50 22.50 25.50 28.50 . 1.50 34.50 37 50 40.30 1.70 4.70 7.70 10.70 13.70 16.70 19.70 22.70 25.70 28.70 1.70 37.,0 4 70 43_70 1.90 e e 7.90 e e 10.90 e • •e e e e 31 90 4,0 • e e . 43.90 a ®e �e ®e20.30 ae �e ®e ®• 3230 3l0 4 e 3210 35,30 3830 41 30 44:30 2.50 5.50 8.50 11 50 14.50 17.50 20.50 23.50 26.50 29 30 32.50 .35:50 e 1.50. :44.30 2.70 5.70 8.70 e 14.70 17.70 20.70 23.70 26 70 29.70 33:70- 35,70 38 70 41.70 44.70 2.90 5.90 8.90 11.90 14.90 7.90 20.90 23.90 26.90 29.90 :32.91, 3,_,90 8 4 90 44,90 3 10 6 e 9.10 12.10 15.10 18.10 21.10 24.10 27 10 30.10 33.10. 36`10 39 a 42.10 45:10. 3.30 6.30 9.30 12.30 15.30 18.30 21 30 24.30 27 30 30.30 33_30' 30_30 3910 42.e 4530 3 50 6.50 9.50 12.50 15.50 18.30 21 50 24.50 27.50 30.30 33.50. 36:50 9 50 42.30 -15.50 3.70 6.70 9.70 12.70 13.70 18 70 21 70 24.70 27.70 30.70 33 70 36:70 45; 0 3.90 6.909.90 12.90 15.90 18.90 21.90 24.90 27.90 30.90 33.90 56190'9 9 4 90 45.90 4.10 7.10 10.10 13.10 16.10 19.10 22.10 25.10 28.10 31.10 34.10 a • e e43. 46.10 4.30 7.30 10.30 13 30 16 30 19.30 22.30 25.30 28.30 31.30 -34.30 37.30 40 30 4 30 46.30 4.70 7.70 10.70 13.70 16.70 19.70 22.70 25.70 28.70 31 70 34.70' e r 46.70 4.90 7.90 10.90 13.90 16.90 19.90 22.90 25.90 28.90 31.90 3490 0$ 431 6.90 ' 20.10 39 38.U 41 1. 47 r 5.30 e e e 17.30 20.30 e e 29.30 32.30 35;30 e 44.39.47.3(1 : 1.74 29.50 32 30 3`.70 44.70 e :50.20 a 17.70 2970 32 0 3:70 44.70 •54:40 R 90 :11:90 1'4 90 17 90 20.90 23 e ® ;1210' e .0 $480 e e 12.30 18 0 e e e e e ' e 453t 8.30 1536.50 50 39;50' 42.30 V 2���.- . $i5.0 48.70 5 5.40 6.90 9.90: 12.90 15,9Q 18.90 21.90 774.90 27.90 .10,.90 1..90 36.90 :39.90 42.90 :45.90 '48:90 .'55.60 3.10 303,0 :13;10. 16,3.0 3.9:10 22.10 5.510 .2010 ;31.1.0 34.10 37.10 :•40.10 - 43.13) 49,19 49.10 $380 S 6.00 7:39 10_30° '1330 16.30 19.30. 22.30 2530 2830;,9 34.30 '$730: -:4030 43:30 46!30 49,39 7,50 .50 .13.50' 16.50 19.50 ,22.50 25.50 28.50 31.50 34,50 37,50 40.50 43.50 4650. 4950 " Catalog of available fixtures and the assigned billing tier for each can be viewed at www.FPL.com/partner/builders/lighting.html (Continued on Sheet No. 8.737) Issued by: c :cam , omigTiffanv Cohen, Director, Rates and Tariffs Effective: March 707 4-0I ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 10 FLORIDA POWER & LIGHT COMPANY SevenlhhEighth Revised Sheet No. 8.737 Cancels Si et#hSeventh Revised Sheet No. 8.737 (Continued from Sheet,No. 8.736) Maintenance per Fixture (FPL Owned Fixture and Pole) Maintenance per Fixture for FPL Fixtures on Customer Pole LED Conversion Recovery Notes: The non -fuel energy charge. is 3.0410 per kWh. Bills rendered based on "Total" charge, Unbundling of charges is not permitted. Charges for other FPL -owned facilities: Wood:pole used only for the street lighting- system Standard Concrete pole used only for the street lighting system Round Fiberglass pole used only for,the street lighting system Decorative Tall Fiberglass pole used only for the street lighting system Decorative Concrete pole used only for the street lighting system Underground conductors $44-21.29 $-44-7-1.03 $4,0,31 87 $5:20 $7.11 $8.42 $17.76 $14.42 4.024 0 per foot SPECIAL PROVISIONS: Where the Coinpany.provides poles other than those listed above, the monthly charges, as applicable shallbe computed as follows: Facilities Charge: 1.63% of the Company's average installed cost of the pole. BILLING. During the initial installation period: Facilities in service for 15 days or less will not be billed; Facilities in service for 16 days or more will be billed:for a full month WILLFUL DAMAGE: Upon the.second'occurrence of willful damage to any FPL -owned facilities, the Customer willbe responsible for the cost incurred for repair or replacement. If the lighting fixture is damaged, based on prior written instructions from the Customer, FPL will: a) If a commerciallyavailable and FPL approved device exists, install a protective shield. The Customer shall pay $280.00 for the shield plus all associated costs. However, if the Customer chooses to have the shield installed before.the second occurrence, the Customer shall only pay the cost of the shield; or b) Replace with.a like unshielded fixture. For this, and each subsequent occurrence, the Customer shall pay the estimated costs of the replacement fixture; or c) Terminate service to the fixture. In this case, the lighting facilities will be removed from the field and from billing; the customer will pay the` lightingfacilities charges for the remaining period of the currently active term of service plus the cost to remove the facilities. Option selection shall be made by the Customer in writing and apply to all fixtures which FPL has installed on the Customer's behalf on the same account. Selection changes may be made by the Customer at any time and will become effective ninety (90) days after written notice is received. (Continued on Sheet No. 8.738) Issued by: Tiffany Cohen, Director, Rates and Tariffs Effective: - ip ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 11 FLORIDA POWER&•LIGHT COMPANY F:irstSecond Revised Sheet No. 8.738 Cancels OriginalFirst Revised Sheet No. 8.738 (Continued from Sheet No. 8.737) OTHER CHARGES. Conservation Charge See ;Sheet No. 8.030.1 Capacity. Payment Charge See Sheet No. '8.030.1 Environmental Charge See Sheet No. 8.030.1 Fuel Charge See Sheet No. 8.030.1 Storm Charge See Sheet No. 8.040 Franchise Fee See Sheet No. 8.031 Tax Clause See Sheet No. 8.032 SPECIAL :CONDITIONS: Customers whose lights are turned off during sea turtle nesting season will receive a credit equal to the fuel charges associated with the fixtures that are turned off TERM OF •SERVICE: Initial term of ten (10) years with automatic, successive five (5) year extensions unless terminated in •writing by either FPL or the Customer at least ninety (90) days prior to the current term's expiration.. Term of service begins upon execution of the LED Lighting Agreement. RULES AND REGULATIONS: Service under this schedule is subject to orders of :governmental: bodies having jurisdiction. and to the currently effective "General, Rules and Regulations for Electric Service" on file with the Florida Public Service Commission. Incase of conflict between any provision of this schedule and said "General Rules and Regulations for Electric Service", the provision of this scheduleshall apply. Issued by: "' 'I'iffanv Goheri, Director, RatesandTariffs. Effective:r\eael. �iiher—,!,2017 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 12 & LIGHT First Revised Sbeet:No. 9:140 CancelsOriginal Sheet .No.9.140 FPL Account Number: FPL Work. Request Number: LED LIGHTING.AGREEMENT In accordance with the following terms and conditions, (hereinafter called the Customer), requests at this _ day of , , from FLORIDA POWER & LIGHT COMPANY (hereinafter called FPL), a corporation agonized and existing under the laws of. the State of Florida, the following installation:or modification of lighting facilities at (general boundaries) located in Florida. (a) Installation and/or removal of FPL -owned fadlities described as follows: Poles Pole Type Existing Pole Count (A) # Installed (B) # Removed (C) New Pole Count (A+B-C) Wood Standard Concrete Standard Fiberglass , Decorative Concrete Decorative Fiberglass Underground Conductor Type Existing Footage (A) Feet Installed (B) Feet Removed (C) New Footage (A+B-C) Under Pavement N/Altl Not Under Pavement (1) All new .conductorinstalled is in .conduit and billed asNot Under Pavement (Continued on Sheet No. 9.141) Issued.by ' T --.iffan Coheen Director; Rates and Tariffs Effective: Maz,, , ch 7, 20117 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 13 FLORIDA POWER & LIGHT COMPANY First Revised. Sheet :No. 9.141 Cancels Original Sheet No. 9.141 Fixtures (2) Type (HPSV,MV,LED) Manufacturer Watts Lumens Color Temperature (LED Only) Style Existing Fixture Count (A) Installed (B) Removed (C) New Fixture Count (A+B-C) (1) Catalog of available fixtures and theassigned billing tier for each can be viewed at wwwifrA.com/partnedbuildersAighting.html (Continue on Shed No. 9.142) Issued by: -S .. RoetigTiffany.Cohen, Director, Rates and Tariffs Effective: March 7, 2017 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 14 FLORIDA:POWER & LIGHT COMPANY First Revised Sheet No. 9.142 Cancels OriginalSheet No. 9.142 (b)• Modification to existing facilities other than described' above (explain fully): That, for and in consideration of the covenants set forth herein, the parties hereto covenant and agree as follows:. FPL AGREES: 1. To install or modfy the lighting facilities desaibed and identified above (hereinafter called the Lighting System), fumish to the Customer the electric energy necessary for the operation of the fighting System, and furnish such other services as are specified in this Agreement, all in accordance.with the terms of FPL's currently effective lighting rate schedule on file at the Florida Public Service Commission (FPSC) .Or any successive lighting rate schedule approved bythe FPSC. THE CUSTOMER AGREES: 2. To paya,contribution in the amount of $ prior to FPL's initiating the requested installation or modification. 3. To purchase from FPL all of the electric energy used for the operation of the Lighting System. 4. To be responsible for paying, when due; all bills rendered by FPL pursuant to FPL'scurrently effective lighting rate schedule on file at the FPSC or any successive lighting rate schedule approved by the FPSC, for facilities and service provided in accordance with this agreement. 5. To provide access, final grading and, when requested, good and sufficient easements, suitable construction drawings showing the location of existing and proposed structures, identification of all non -FPL underground facilities within or near pole or trench locations, and appropriate plats necessary for planning:the design and completing the construction of FPL facilities associated with the Lighting System. 6. To perform any clearing, compacting, removal of stumps or other obstructions that confict.with construction, and drainage of rights-of-way or easements required by FPL to accommodate the lighting facilities. ITIS MUTUALLY AGREED THAT: 7. Modifications to the facilities provided by FPL under this agreement, other than for maintenance, may only be made through the execution of arvadditional lighting agreement delineating the modifications to be accomplished. Modification of FPL lighting facilities is defined as the following: a. the addition of lighting facilities: b. the removal of lighting facilities; and c. .the removal of lighting facilities and the replacement of such facilities with new facilities and/or additional facilities. Modifications will be subject to the costs identified in FPL's currenttyeffedive lighting rate schedule on file at the FPSC, or any successive schedule approved by the FPSC. Lighting facilities will only be installed in locations that meet all applicable clear zone right-of-way setback requirements. 9. FPL will, at the request of the Customer, relocate the lighting faalities.covered by this agreement, if provided sufficient right-of-ways or easements to do so•and.locations requested are consistent with clear zone right-of-way setback requirements. The Customershall be responsible for the payment of all costs associated with any such.Customer- requested relocation of FPL lighting facilities. Payment shall be made by the Customer in advance of any relocation. (Continue on Sheet No. 9.143) Issued by:S E R om ii J•ffan Cohen, Director, Rates .and:Tariffs Effective: "'am.,<h 77, 20017 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 15 FLORIDA POWER & LIGHT FIFA .Revised Sheet No. 9,143 Cancels: Original Sheet. No. 9.143. 10. FPL may, at any time, substitute for any luminaire installed hereunder another luminaire which shall be of at least equal illuminating capacity and efficiency. 11. This Agreement shall be for a term of ten (10) years from the date of initiation of service, and, except as provided below, shall extend thereafter for further successive periods of five (5) years from the expiration of the initial ten (10) year term or from the expiration of any extension thereof. The date ofinitiation of service shall be defined as the date the first lights are energized and billing begins,. hot the date of this Agreement. This Agreement shall be extended automatically beyond the initial the (10) year term or any extension thereof, unless either party shall have given written notice to the other of its desire to terminate this Agreement. The written notice shall be by certified mail and -shall be given not less.than ninety (90) days beforethe expiration of the. initial ten (10) year term, or any extension thereof. 12. In the event lighting facilities covered by this agreement are removed, either atthe request of the Customer or through termination or breach of this Agreement, the Customer shall be responsible for paying to FPL an amount equal to the fixture, pole, and conductor charges for the period remaining on the currently activeterm of service plus the cost toreinove the facilities. 13. Should the Customer fail to pay any bills due and rendered pursuant to this agreement or otherwise faitto perform the obligations contained in this Agreement, said obligations being material and going to the essence of this Agreement, FPL may cease to supply electric energy or service until the Customer has paid the bills due and or has fully cured such other breach cf this Agreement. Any failure of FPL to exerdse its rights hereunder shall not bee waiver of its rights. It is understood, however, that such discontinuance of the supplying of electricenergy or service shall not constitute a breach of this Agreement by FPL, nor shall it relieve the Customer of the obligation to perform any of the terms and conditions of this; Agreement. 14. The obligation to furnish or purchase service shall be excused at any time that either party is prevented from complying with this Agreement by strikes, lockouts, fires, riots, ads of God, the publicenemy, or by cause or causes not under the control of the party thus prevented•frem compliance, and FPL shall not haeethe obligation to furnish service if it is prevented from complying with this Agreement by reason of any partial, temporary or entire shut-downof servicewhich; in the sole opinion of. FPL, is reasonaby necessary for the purpose of repairing or making more efficient all or any part of its generating or other electncal equipment. 15. This Agreement supersedes all previous Agreements or representations, either written, oral, or otherwise between the Customer and FPL, with respect to the facilities referenced herein and constitutes the entire Agreement between the parties. This Agreement does not createany rights or provide any remedies to third parties or create any additional duty, obligation or undertakings by FPL to third parties. 16. In the event of the sale of the real property upon which the facilities are installed, upon the written consent of FPL; this Agreement may be assigned by the Customer to the Purchaser. Noassignment shall relieve the Customer from its obligations hereunder until such obligations, have been assumed by:the assignee and agreed to by FPL. 17. This Agreement shall inure to the benefit of, and be binding upon the successors and assigns of the Customer and FPL. 18. The lighting facilities shall remain the property of FPL in perpetuity. 19. This Agreement is subject to FPL's Electric Tariff, including, but not limited to, the General Rules and Regulations for Electric Service and the Rules of the FPSC, as they are now written, or as they may be hereafter revised, amended or supplemented. In the event of any conflict between the terms of this Agreement and the provisions of the FPL Electric Tariff or the FPSC Rules, the provisions of the Electric Tariff and FPSC Rules shall control,as they are now written; oras they may be hereafter revised, amended or supplemented. (Continue on. SheetNo..9.144) Issued by:c r -F -=r R 4 iffany Cohen, Director, Rates and Tariffs Effective: Mat,c44.14914 ORDER NO. PSC -2020 -0085 -TRF -EI DOCKET NO. 20190223 -EI PAGE 16 FLORIDA POWER & LIGHT First Revised Sheet. No. 9.144 Cancels Original Sheet No. 9.144 IN WITNESS WHEREOF, the parties hereby caused this Agreement to beexecuted in triplicate by their duy authorized representatives to be effective as of the day and year first written above. Charges and Terms Accepted: FLORIDA POWER &.LIGHT COMPANY Customer (Print or type name of Organization) By: By:. Signature (Authorized Representative) (Signature) (Print or type name) (Print or type name) Title:. Title: Issued by: &R..R ,.,,^ ?�,Tiftaiiv Cohen, Director, Rates and Tariff's Effective: Qareh-7-201 7t INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: March 31, 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 see the attached document for expenses incurred as of 3/31/20. ATTACHED: • Virgin Trains Expenses through 3/31/20 spreadsheet. 5 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 $1 million (Budget Amendment) 3/17/2018 County Attorney's Office received $200,000 from citizens (Budget Amendment 6 Acct#00110214-033110-15023 Legal Services Date Vendor Amount - Nate -- -- - ---- ------ - --- - -- - 3/25/2020 Bryan Cave LLP $427.00 Fees for Legal Services February 2020 3/19/2020 MoloLamken LLP 5100,000.00 Fees for Legal Services February 2020 3/10/2020 Murphy & Walker 53,178.50 Fees for Legal Services February 2020 2/10/2020 Murphy & Walker 59,483.00 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 $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy & Walker 516,222.00 Fees for Legal Services October 2019 'Subtotal Expenses FY 19/20 $151,254.00 1 9/30/2019 Murphy & Walker 519,290.00 Fees for Legal Services Aug & Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker 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 $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP 565,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy & Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP 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 $3,577.26 Fees for Legal Servlce-January 2019 2/21/2019 Murphy & Walker 513,539.54 Fees for Legal Service -January 2019 2/5/2019 Bryan Cave LLP - $9,938.49 Fees for Legal Service -December 2018 1/4/2019 Murphy & Walker 59,929.00 Fees for Legal Service -December 2018 12/27/2018 Bryan Cave LLP 526,535.95 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 516,416.20 $548,417.98 Fees for Legal Service -October 2018 ' 'Subtotal Expenses FY 18/19 9/30/2018 McDermot,Will & Emery LIP 510,565.97 IRC Legislative Advocacy Matters -through 9/30/18 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 560,392.05 Fees for Legal Service -Aug 2018 9/10/2018 Bryan Cave LLP 5109,699.89 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 $10,000.00 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 523,853.70 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 510,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 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 56,358.50 Fees for Legal Services -Nov 2017 12/19/2017 McDermot,Will & Emery LLP $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will & Emery LLP $10,000.00 IRC Legislative Advocacy Matters -Sept Subtotal Expenses FY 17/18 $634,725.58 i 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP - $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP 52,995.50 Fees for Legal Services -Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services -Aug 2017 9/27/2017 Bryan Cave LLP 513,195.60 Fees for Legal Services -July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services -June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP 51,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP 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 6 Date Vendor Amount Note 4/10/2017 Bryan Cave LLP 53,385.90 - 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 $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP 5534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP - 51,722.50 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 9/30/2016 Bryan Cave LLP 55,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP 546,369.62 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 58,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS 528,277.00 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 515,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS 517,550.50 Fees for Legal Services -June 2016 .7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS 511,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP 527,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP - 5386.10 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 521,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP 5128,696.58 . 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 $150.00 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 56,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP 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 5807,167.15 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 $81,436.99 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 $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -lune 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 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 5500.00 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' 5617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA' 55,593.56 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 579,962.30 Fees for Legal Services 'Subtotal Expenses FY 14/15 51,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP 5638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services ISubtotal Expenses FY 13/14 528,551.80 'Split between St.Lucie, Indian River, and Martin Counties 7 ATIZE Lta- Acct#00110214-033190-15023 Other Professional Services Other Professional Services Date Vendor 11/4/2019 Advanced Data Solutions Amount 51,115.00 Note Document Scanning jsubtotal Expenses FY 19/20 51,115.00 4/24/2019 11/27/2018 Scripps 592.40 Legal Advertising 11/21/2018 Gail E. Flinn 5350.00 Transcription Services jSubtotal Expenses FY 18/19 $442.40 Peter O'Bryan-FDFC Meeting -Orlando 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request -balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request !Subtotal Expenses FY 17/18 5198.64 Kate Cotner -US Dist Court Hearing -Washington DC -Hotel 4/28/2017 Martin County 50% reimbursement -53,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants 56,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. 51,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants 513,396.11 Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps 595.70 Legal Advertising ISubtotaI Expenses FY 16/17 $18,779.15 5111.91 9/30/2016 GK Environmental $5,580.00 . Dylan Reingold-FL Dev Finance Corp Mtg-Orlando 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express 58.18 5110.45 8/5/2016 GK Environmental $2,040.00 Jason E. Brown -FL Dev Finance Corp Mtg- Orlando 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 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 51,875.00 Prelim wetland determination 1/26/2016 Federal Express 56.85 Shipping 1/25/2016 VB Court Reporting 5417.50 IRC vs Rogoff 'Subtotal Expenses FY 15/16 562,563.89 1 9/30/2015 Dylan Reingold 5412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express 56.31 Shipping 7/2/2015 William M Sampson 56,875.00 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 5570.00 Public Records (Subtotal Expenses FY 14/15 $44,810.15 I - Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline $400.39 4/16/2019 Tim Zorc-FDFC Meeting -Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting -Orlando 5111.32 3/13/2019 Bob Solari-FDFC Meeting -Orlando $92.32 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 $1,406.74 5113.50 I 'Subtotal Expenses FY 18/19 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel 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 $113.50 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 591.52 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 $271.64 5/1/2018 The Liaison Capital Hill Hotel -Kate Cotner $274.37 5/1/2018 American Airlines -Kate Cotner 5167.20 5/1/2018 Jet Blue -Dylan Reingold $128.20 5/1/2018 The !Jason Capitol Hill Hotel -Dylan Reingold $548.74 Isubtotal Expenses FY 17/18 $2,420.00 8 Date Vendor Amount Note 9/30/2017 Delta Air 5191.80 Work Order 10 EIS 9/30/2017 American Airlines 5193.20 Work Order 13 Noise Monitoring 9/30/2017 Jet Blue $168.20 Work Order 10 EIS 9/30/2017 Jet Blue $25.00 Work Order 10 EIS - 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 Work Order 13 Noise Monitoring 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 10 EIS 6/28/2017 Kate Cotner -Tag Meeting 560.07 mileage to Cocoa 8/08/14 Subtotal Expenses FY 16/17 53,029.76 Work Order 10 EIS 4/20/2016 Dylan Reingold 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 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 "Subtotal Expenses FY 15/16 51,136.46 9/8/2015 Doubletree Orlando 5271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -55.36 Orlando -Travel -FL Dev. Finance Corp Subtotal Expenses FY 14/15 5341.26 I 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 $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS - 11/21/14 CDM Smith Inc 56,585.80 Work Order 13 Noise Monitoring (Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 51,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc 58,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc 54,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 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 5152,369.00 5550,267.12 5637,344.22 $223,471.97 5870,867.50 $1,154,211.26 $45,825.80 Total expenses processed as of 3/31/2020 $3,634,356.87 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 5697,432.88 5550,267.12 $637,344.22 $223,471.97 $870,867.50 51,154,211.26 $45,825.80 Total budgeted 13/14-19/20 - $4,179,420.75 •Includes 5200,000 donation from citizens Remaining Balance $545,063.88 9 u TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 12, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 6, 2020 to March 12, 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. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 6, 2020 to March 12, 2020. 10 TRANS NBR 393039 393040 393041 393042 393043 393044 393045 393046 393047 393048 393049 393050 393051 393052 393053 393054 393055 393056 393057 393058 393059 393060 393061 393062 393063 393064 393065 393066 393067 393068 393069 393070 393071 393072 393073 393074 393075 393076 393077 393078 393079 393080 393081 393082 393083 393084 393085 393086 393087 393088 393089 393090 393091 393092 393093 393094 393095 393096 DATE 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 CHECKS WRITTEN VENDOR CITY OF VERO BEACH FLORIDA POWER AND LIGHT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT ECMC AMERITAS TOTAL ADMINISTRATIVE SERVICES CORP TOTAL ADMINISTRATIVE SERVICES CORP COMMONWEALTH OF MASSACHUSETTS COAST PROFESSIONAL INC NATIONAL RECOVERIES INC ACSI KURT STEFFEN DOUBLETREE HOTEL FLORIDA FLOODPLAIN MANAGERS ASSOC FLORIDA FLOODPLAIN MANAGERS ASSOC PETER OBRYAN MARK EVERHART BRIAN HORNE PAIGE LESTER ANDREW MICHAEL RACE TO SAFETY TRAINING LLC SHEILA O'SULLIVAN SUZANNE BOYLL BRIAN SULLIVAN RICHARD BRUCE 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 2,271.26 453.85 299.36 303.42 169.30 105.69 303.35 30,416.80 2,152.50 833.56 154.00 527.65 179.73 201.57 30.00 254.00 350.00 350.00 15.53 139.00 139.00 82.64 11.80 350.00 101.79 49.00 828.56 15.53 6.57 38.30 93.12 44.37 40.72 10.55 4.05 48.68 81.18 36.48 35.82 12.65 44.43 60.96 25.45 82.80 69.03 103.47 3.69 45.98 36.17 332.36 100.00 2.53 9.72 44.20 43.98 96.14 58.61 36.73 11 TRANS NBR DATE VENDOR AMOUNT 393097 03/12/2020 UTIL REFUNDS 32.75 393098 03/12/2020 UTIL REFUNDS 33.41 393099 03/12/2020 UTIL REFUNDS 9.94 393100 03/12/2020 UTIL REFUNDS 7.04 393101 03/12/2020 UTIL REFUNDS 51.04 393102 03/12/2020 UTIL REFUNDS 92.30 393103 03/12/2020 UTIL REFUNDS 45.43 393104 03/12/2020 UTIL REFUNDS 277.82 393105 03/12/2020 UTIL REFUNDS 20.24 393106 03/12/2020 UTIL REFUNDS 29.64 393107 03/12/2020 UTIL REFUNDS 26.30 393108 03/12/2020 UTIL REFUNDS 6,965.31 393109 03/12/2020 UTIL REFUNDS 28.89 393110 03/12/2020 UTIL REFUNDS 49.50 393111 03/12/2020 UTIL REFUNDS 19.25 393112 03/12/2020 UTIL REFUNDS 15.64 393113 03/12/2020 UTIL REFUNDS 73.27 393114 03/12/2020 UTIL REFUNDS 38.61 393115 03/12/2020 UTIL REFUNDS 50.35 393116 03/12/2020 UTIL REFUNDS 77.42 393117 03/12/2020 UTIL REFUNDS 21.11 393118 03/12/2020 UTIL REFUNDS 28.66 393119 03/12/2020 UTIL REFUNDS 53.86 393120 03/12/2020 UTIL REFUNDS 85.37 393121 03/12/2020 UTIL REFUNDS 38.76 393122 03/12/2020 UTIL REFUNDS 9.96 393123 03/12/2020 UTIL REFUNDS 197.67 393124 03/12/2020 UTIL REFUNDS 67.98 393125 03/12/2020 UTIL REFUNDS 58.76 393126 03/12/2020 UTIL REFUNDS 16.46 393127 03/12/2020 UTIL REFUNDS 38.28 393128 03/12/2020 UTIL REFUNDS 72.59 393129 03/12/2020 UTIL REFUNDS 38.22 393130 03/12/2020 UTIL REFUNDS 174.19 393131 03/12/2020 UTIL REFUNDS 83.99 393132 03/12/2020 UTIL REFUNDS 68.77 393133 03/12/2020 UTIL REFUNDS 81.62 393134 03/12/2020 UTIL REFUNDS 76.88 393135 03/12/2020 UTIL REFUNDS 50.52 393136 03/12/2020 UTIL REFUNDS 56.76 393137 03/12/2020 UTIL REFUNDS 325.05 393138 03/12/2020 UTIL REFUNDS 35.13 393139 03/12/2020 UTIL REFUNDS 34.89 393140 03/12/2020 UTIL REFUNDS 78.65 393141 03/12/2020 UTIL REFUNDS 65.35 393142 03/12/2020 UTIL REFUNDS 81.18 393143 03/12/2020 UTIL REFUNDS 40.55 393144 03/12/2020 UTIL REFUNDS 23.53 393145 03/12/2020 UTIL REFUNDS 2.57 393146 03/12/2020 UTIL REFUNDS 8.45 393147 03/12/2020 UTIL REFUNDS 77.27 393148 03/12/2020 UTIL REFUNDS 29.97 393149 03/12/2020 UTIL REFUNDS 14.06 393150 03/12/2020 UTIL REFUNDS 42.30 393151 03/12/2020 UTIL REFUNDS 50.00 393152 03/12/2020 UTIL REFUNDS 118.98 393153 03/12/2020 UTIL REFUNDS 20.89 393154 03/12/2020 UTIL REFUNDS 32.47 393155 03/12/2020 UTIL REFUNDS 32.16 393156 03/12/2020 UTIL REFUNDS 16.16 12 TRANS NBR 393157 393158 393159 393160 393161 393162 393163 393164 393165 393166 393167 393168 393169 393170 393171 393172 393173 393174 393175 393176 393177 393178 393179 393180 393181 393182 393183 393184 393185 393186 393187 393188 393189 393190 393191 393192 393193 393194 393195 393196 393197 393198 393199 393200 393201 393202 393203 393204 393205 393206 393207 393208 393209 393210 393211 393212 393213 393214 393215 393216 DATE 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR SSES INC RANGER CONSTRUCTION IND INC FISHER SCIENTIFIC COMPANY LLC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC DELTA SUPPLY CO GRAINGER KELLY TRACTOR CO GRAYBAR ELECTRIC GAYLORD BROTHERS INC CLIFF BERRY INC MASTELLER MOLER & TAYLOR INC PETES CONCRETE TIRESOLES OF BROWARD INC AMERICAN WATER CHEMICALS INC BLAKESLEE SERVICES INC BAKER & TAYLOR INC BARNEYS PUMP INC MIDWEST TAPE LLC MWI CORP HUDSON PUMP & EQUIPMENT K & M ELECTRIC SUPPLY CENGAGE LEARNING INC PALM TRUCK CENTERS INC GO COASTAL INC SOFTWARE HARDWARE INTEGRATION ENNIS-FLINT INC CLERK OF CIRCUIT COURT CLERK OF CIRCUIT COURT INDIAN RIVER ALL FAB INC JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES PUBLIX SUPERMARKETS WAL MART STORES EAST LP MELVIN EVERETT LITTER GITTER INC SUBSTANCE AWARENESS COUNCIL OF IRC INC FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT INDIAN RIVER COUNTY TAX COLLECTOR STRUNK FUNERAL HOMES & CREMATORY SHERILEE D PARSELL IRC HEALTHY START COALITION INC NOTARY PUBLIC UNDERWRITERS INC L WALTON ELECTRIC INC ALAN C KAUFFMANN JOHN BROWN & SONS INC WESTSIDE REPROGRAPHICS OF VERO BEACH INC NABORS GIBLIN & NICKERSON PA R H MOORE & ASSOCIATES INC SHRIEVE CHEMICAL CO THE AVANTI COMPANY INC RUSSELL PAYNE INC CELICO PARTNERSHIP JOSEPH W VASQUEZ BIG BROTHERS AND BIG SISTERS FASTENAL COMPANY OTC DIRECT INC SOUTHERN JANITOR SUPPLY INC GLOVER OIL COMPANY INC AMOUNT 84.00 429.55 3,224.25 381.90 135.44 308.54 137.96 5,520.45 1,204.92 569.61 832.75 4,500.00 1,150.00 204.90 24,808.60 66.30 1,489.05 637.50 1,550.47 190.00 26,850.00 37.83 1,516.61 2,554.29 304.20 420.08 834.05 371.28 1,224.55 1,468.30 73.99 702.05 31.54 38.47 5,300.00 83.70 190.00 29,333.47 2,777.41 374.46 425.00 390.32 4,166.66 110.00 110.00 300.00 40,125.00 260.00 370.50 180.00 8,213.88 1,066.02 607.96 1,299.80 75.00 6,304.38 33.38 49.58 1,475.47 49,441.06 13 TRANS NBR 393217 393218 393219 393220 393221 393222 393223 393224 393225 393226 393227 393228 393229 393230 393231 393232 393233 393234 393235 393236 393237 393238 393239 393240 393241 393242 393243 393244 393245 393246 393247 393248 393249 393250 393251 393252 393253 393254 393255 393256 393257 393258 393259 393260 393261 393262 393263 393264 393265 393266 393267 393268 393269 393270 393271 393272 393273 393274 393275 393276 DATE 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR AMOUNT LARRY STEPHENS 50.00 ARDAMAN & ASSOCIATES INC 167.50 PAK MAIL 68.85 JOHNNY B SMITH 250.00 EARLY LEARNING COALITION OF INDIAN RIVER 5,216.09 DANE MACDONALD 50.00 CHARLES A WALKER 125.00 CEMEX INC 513.00 REDLANDS CHRISTIAN MIGRANT ASSOC 2,749.36 ROBERT K LEMLEY 180.00 KATHLEEN P DOUGHERTY 30.00 KWACKS INC 16,309.08 WILDLIFE FOUNDATION OF FLORIDA 217.00 ATLANTIC COASTAL LAND TITLE CO LLC 300.00 CITY DIRECTORIES 455.00 MURPHY & WALKER P L 3,178.50 FLORIDA ARMATURE WORKS INC 15,543.50 PICTOMETRY INTERNATIONAL CORPORATION 124,585.00 FLORIDA COAST EQUIPMENT INC 73.47 OVERDRIVE INC 2,438.35 ALLDATA LLC 1,500.00 KEITH GROCHOLL 125.00 VERO BEACH PARTNERSHIP 800.00 WILD TURKEY ESTATES OF VERO LLC 6,748.05 REPROGRAPHIC SOLUTIONS INC 3.60 ALEX MIKLO 125.00 BURNETT LIME CO INC 12,668.60 CARMEN LEWIS 373.00 TRINOVA -FLORIDA INC 2,248.06 THE LAW OFFICES OF 1,181.00 MASCHMEYER CONCRETE COMPANY OF FLORIDA 813.00 EMA INC 6,273.61 COBRA GOLF INCORPORATED 952.57 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 850.00 SYLIVIA MILLER 447.00 YOURMEMBERSHIP.COM 449.00 JENNIFER E PROPER 35.00 CATHEDRAL CORPORATION 1,843.18 GERELCO TRAFFIC CONTROLS INC 23,475.14 A GREAT FENCE LLC 1,490.00 UNIFIRST CORPORATION 2,538.33 CDA SOLUTIONS INC 75.00 SOLAR SOLUTIONS WINDOW TINTING INC 90.00 ADVANCE STORES COMPANY INCORPORATED 135.59 RUSSELL L OWEN III 175.00 WEST FLORIDA MAINTENANCE INC 10,500.00 AC VETERINARY SPECIALTY SERVICES 382.86 DEBBIE CARSON 100.00 MATHESON TRI -GAS INC 8,130.51 ROBERT 0 RICHARDSON III 200.00 AQSEPTENCE GROUP INC 79.37 COLE AUTO SUPPLY INC 3,534.71 KONICA MINOLTA BUSINESS SOLUTIONS 45.12 BETH NOLAN 120.00 FLORIDA BULB & BALLAST INC 5,889.80 RELX INC 400.00 NESTLE WATERS NORTH AMERICA 135.96 ENVIRONMENTAL OPERATING SOLUTION INC 8,139.25 CALVIN GIORDANO & ASSOCIATES INC 26,243.75 CORE & MAIN LP 118,148.43 14 TRANS NBR 393277 393278 393279 393280 393281 393282 393283 393284 393285 393286 393287 393288 393289 393290 393291 393292 393293 393294 393295 393296 393297 393298 393299 393300 393301 393302 393303 393304 393305 393306 393307 393308 393309 393310 393311 393312 393313 393314 393315 393316 393317 393318 393319 393320 393321 393322 393323 393324 393325 393326 393327 393328 393329 393330 393331 393332 393333 393334 393335 393336 DATE 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR JOHN WALCOTT BROWNELLS INC WOERNER AGRIBUSINESS LLC BOTTOMS UP BEVERAGE OF FLORIDA LLC TYKES & TEENS INC TETRA TECH INC EMPIRE PIPE ORLANDO LLC VIKING LANDSCAPING LLC RAMONA MURPHY AMAZON CAPITAL SERVICES INC VERONIQUE ORY STURIALE PIRATE PEST CONTROL LLC AMERIGAS PROPANE LP GRBK GHO HOMES LLC JOHN J DRISCOLL DAVID MIKE BENEFIT EXPRESS SERVICES LLC JAMES ROMANEK DEANGELO BROTHERS LLC LIBERTY TIRE RECYCLING LLC DERECK R PRINCE MULLINAX FORD OF VERO BEACH JUDITH A BURLEY JOSEPH F BREAULT TAMIFEATHERSTON LINDSEY GARDENS GATEWAY SERVICES USA LLC CORNELIA H LAHEY KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC DESK SPINCO INC PIERCE BENDER XGD SYSTEMS LLC INVASIVE PLANT ERADICATORS LLC PGL TRUCKING INC SUNBELT HYDRAULIC & EQUIPMENT INC WITT O'BRIENS LLC BLUE GOOSE CONSTRUCTION LLC STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC GOOD SPORTSMAN MARKETING LLC CHRIS ZAVESKY GARBER FORD INC DEX IMAGING LLC SPARKFUN ELECTRONICS INC STREAM RECYCLING SOLUTIONS LLC WILLIAM S BARNES JR ROBERT A HUDSON KEVIN LEDFORD ROBERT FRAME TOUCH OF MAGIC EVENTS LLC LISA BUSH TWO DIRECTIONS CATTLE & TRACTOR SERVICE LLC KIM STANELY LEWIS GILES ASSOCIATED CONSULTING PROFESSIONALS INC UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 210.00 11,459.40 247.50 700.00 3,125.00 1,274.81 20,010.00 7,500.00 43.00 1,848.59 30.00 178.00 975.88 83,226.78 275.00 125.00 5,960.50 50.00 1,431.00 2,784.44 230.00 2,583.84 67.50 25.00 50.00 425.00 170.00 1,126.00 667.70 155.61 50.00 8,911.69 751.91 12,038.72 2,140.74 2,325.00 30,785.76 13.73 1,436.57 13,974.40 28.74 3,913.10 200.00 30,937.50 125.78 133.85 3,956.35 25.00 150.00 82.87 162.14 500.00 45.00 500.00 200.00 427.41 1,150.00 27.32 42.92 19.98 15 TRANS NBR 393337 393338 393339 393340 393341 393342 393343 393344 393345 393346 393347 393348 393349 393350 393351 393352 393353 393354 393355 393356 393357 393358 393359 393360 393361 393362 393363 393364 393365 393366 393367 393368 393369 393370 393371 393372 393373 393374 393375 393376 393377 393378 393379 393380 393381 393382 Grand Total: DATE 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR 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 86.10 7.39 28.69 92.25 65.06 100.00 80.86 108.37 23.49 87.64 91.70 16.68 60.76 444.59 72.21 34.95 70.00 36.81 31.88. 21.42 63.76 41.92 56.68 33.69 78.98 92.58 34.35 43.59 67.20 91.34 78.61 46.63 30.64 7.95 40.11 16.95 138.50 41.49 28.76 78.65 45.03 93.32 47.84 15.62 44.13 9.93 974,953.60 16 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900393 03/12/2020 900394 03/12/2020 900395 03/12/2020 900396 03/12/2020 Grand Total: VENDOR ST FRANCIS MANOR OF VERO BEACH INDIAN RIVER RDA LP CANON FINANCIAL SERVICES INC STAPLES INC AMOUNT 456.00 495.00 234.35 39.95 1,225.30 17 TRANS. NBR 1016326 1016327 1016328 1016329 1016330 1016331 1016332 1016333 1016334 1016335 1016336 1016337 1016338 1016339 1016340 1016341 1016342 1016343 1016344 1016345 1016346 1016347 1016348 1016349 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 03/11/2020 03/11/2020 03/11/2020 03/11/2020 03/11/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR AMOUNT AT&T CORP 867.30 COMCAST 500.97 POLYDYNE INC 2,576.00 WASTE MANAGEMENT INC OF FLORIDA 18,254.47 OFFICE DEPOT INC 2,529.39 ALLIED UNIVERSAL CORP 5,130.40 IRRIGATION CONSULTANTS UNLIMITED INC 487.61 THE EXPEDITER 299.03 GROVE WELDERS INC 69.42 SOUTHERN COMPUTER WAREHOUSE INC 7,416.63 WIGINTON CORPORATION 2,361.00 TOTAL TRUCK PARTS INC 700.39 HD SUPPLY FACILITIES MAINTENANCE LTD 517.15 MIDWEST MOTOR SUPPLY CO 189.02 RECHTIEN INTERNATIONAL TRUCKS 256.56 HARCROS CHEMICALS, INC. 3,761.24 METRO FIRE PROTECTION SERVICES INC 821.70 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 603.11 SIMS CRANE & EQUIPMENT CO 556.40 ENVIRONMENTAL CONSERVATION LABORATORIES INC11,095.00 HYDRA SERVICE (S) INC WRIGHT FASTENER COMPANY LLC NEXAIR LLC PACE ANALYTICAL SERVICES LLC 1,516.00 370.00 27.82 1,145.75 62,052.36 18 TRANS NBR 7494 7495 7496 7497 7498 7499 7500 7501 7502 7503 7504 7505 7506 7507 7508 7509 7510 7511 7512 7513 7514 7515 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/06/2020 03/09/2020 03/09/2020 03/09/2020 03/09/2020 03/09/2020 03/09/2020 03/10/2020 03/11/2020 03/11/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 03/12/2020 VENDOR AMOUNT KIMLEY HORN & ASSOC INC 46,421.15 IRC FIRE FIGHTERS ASSOC 9,548.56 FL SDU 6,084.08 VERO HERITAGE INC 3,450.00 ATLANTIC COASTAL LAND TITLE CO LLC 177,629.50 NATIONWIDE SOLUTIONS RETIREMENT INC 59,902.69 NATIONWIDE SOLUTIONS RETIREMENT INC 6,671.19 TOTAL ADMINISTRATIVE SERVICES CORP 12,876.51 CDM SMITH INC 39,890.02 RUSSELL PAYNE INC 64,209.09 IRS -PAYROLL TAXES 446,960.43 HIGHMARK STOP LOSS 68,335.30 NATIONAL METERING SERVICES INC 91,963.71 RIO BAK CORPORATION 2,295,227.30 SENIOR RESOURCE ASSOCIATION 291,807.84 ATLANTIC COASTAL LAND TITLE CO LLC 134,635.00 RX BENEFITS INC 2,164.64 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,639.00 MUTUAL OF OMAHA 2,411.50 IRS -PAYROLL TAXES 13,766.78 CHARD SNYDER & ASSOCIATES INC 92.00 ATLANTIC COASTAL LAND TITLE CO LLC 91.90 3,785,778.19 19 ?,g TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 19, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 13, 2020 to March 19, 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. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 13, 2020 to March 19, 2020. 20 TRANS NBR 393383 393384 393385 393386 393387 393388 393389 393390 393391 393392 393393 393394 393395 393396 393397 393398 393399 393400 393401 393402 393403 393404 393405 393406 393407 393408 393409 393410 393411 393412 393413 393414 393415 393416 393417 393418 393419 393420 393421 393422 393423 393424 393425 393426 393427 393428 393429 393430 393431 393432 393433 393434 393435 393436 393437 393438 393439 393440 DATE 03/13/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 CHECKS WRITTEN VENDOR AMOUNT BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,601.15 CITY OF VERO BEACH 10,520.71 FLORIDA WATER & POLLUTION CONTROL 115.00 FLORIDA WATER & POLLUTION CONTROL 305.00 FLORIDA LIBRARY ASSOCIATION 189.00 DOUBLETREE HOTEL 435.00 STEPHEN GREER 1,303.00 JOHN MARLATT 12.02 JENNIFER HYDE 662.21 JAMES PATTERSON 14.24 DARREL HUBER 14.24 MATT BROWER 18.25 UTIL REFUNDS 40.42 UTIL REFUNDS 71.93 UTIL REFUNDS 77.33 UTIL REFUNDS 380.96 UTIL REFUNDS 26.26 UTIL REFUNDS 66.04 UTIL REFUNDS 41.22 UTIL REFUNDS 328.96 UTIL REFUNDS 58.42 UTIL REFUNDS 93.98 UTIL REFUNDS 10.31 UTIL REFUNDS 75.72 UTIL REFUNDS 75.91 UTIL REFUNDS 6.42 UTIL REFUNDS 7.90 UTIL REFUNDS 166.35 UTIL REFUNDS 20.71 UTIL REFUNDS 54.14 UTIL REFUNDS 80.44 UTIL REFUNDS 45.51 UTIL REFUNDS 45.50 UTIL REFUNDS 27.94 UTIL REFUNDS 88.82 UTIL REFUNDS 34.73 UTIL REFUNDS 15.22 UTIL REFUNDS 209.55 UTIL REFUNDS 83.86 UTIL REFUNDS 23.67 UTIL REFUNDS 88.84 UTIL REFUNDS 23.43 UTIL REFUNDS 66.94 UTIL REFUNDS 102.13 UTIL REFUNDS 50.39 UTIL REFUNDS 61.11 UTIL REFUNDS 46.47 UTIL REFUNDS 3.85 UTIL REFUNDS 111.49 UTIL REFUNDS 161.23 UTIL REFUNDS 65.77 UTIL REFUNDS 69.93 UTIL REFUNDS 6.76 UTIL REFUNDS 63.26 UTIL REFUNDS 75.49 UTIL REFUNDS 78.49 UTIL REFUNDS 44.58 UTIL REFUNDS 9.59 21 TRANS NBR 393441 393442 393443 393444 393445 393446 393447 393448 393449 393450 393451 393452 393453 393454 393455 393456 393457 393458 393459 393460 393461 393462 393463 393464 393465 393466 393467 393468 393469 393470 393471 393472 393473 393474 393475 393476 393477 393478 393479 393480 393481 393482 393483 393484 393485 393486 393487 393488 393489 393490 393491 393492 393493 393494 393495 393496 393497 393498 393499 393500 DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR . 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 PORT CONSOLIDATED INC STURGIS LUMBER & PLYWOOD CO FIRE EQUIPMENT SVC OF ST LUCIE INC COMMUNICATIONS INTERNATIONAL TEN -8 FIRE EQUIPMENT INC RANGER CONSTRUCTION IND INC FISHER SCIENTIFIC COMPANY LLC VERO CHEMICAL DISTRIBUTORS INC PALMDALE OIL COMPANY INC RICOH USA INC HENRY SCHEIN INC SAFETY PRODUCTS INC AT&T WIRELESS E -Z BREW COFFEE & BOTTLE WATER SVC GRAINGER GENES AUTO GLASS INC SAFETY KLEEN SYSTEMS INC GRAYBAR ELECTRIC WILD LAND ENTERPRISES INC HACH CO ALLIED ELECTRONICS INC NATIONAL FIRE PROTECTION ASSOC BOUND TREE MEDICAL LLC DIVE RESCUE INC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC CITY ELECTRIC SUPPLY COMPANY CARTER ASSOCIATES INC CHILDCARE RESOURCES OF IRC INC AMOUNT 119.02 43.49 64.55 46.06 75.13 66.56 41.07 59.71 15.76 61.08 74.84 118.06 88.54 39.79 44.12 60.74 42.42 46.57 52.97 216.69 87.03 32.27 77.25 90.44 59.14 78.69 50.13 75.96 32.98 84.51 6.12 7,262.06 152.08 529.00 1,236.07 13,867.98 1,776.10 1,248.38 603.15 295.63 22.33 1,977.24 2,574.74 1,088.56 272.90 502.92 290.00 335.39 870.43 130.00 2,319.17 1,210.10 1,525.50 7,726.04 20,808.24 4,600.00 6,284.04 189.40 4,080.00 1,841.95 22 TRANS NBR 393501 393502 393503 393504 393505 393506 393507 393508 393509 393510 393511 393512 393513 393514 393515 393516 393517 393518 393519 393520 393521 393522 393523 393524 393525 393526 393527 393528 393529 393530 393531 393532 393533 393534 393535 393536 393537 393538 393539 393540 393541 393542 393543 393544 393545 393546 393547 393548 393549 393550 393551 393552 393553 393554 393555 393556 393557 393558 393559 393560 DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR AMOUNT NEWMANS POWER SYSTEMS 4,746.16 DELL MARKETING LP 4,753.25 BAKER & TAYLOR INC 3,736.01 MIDWEST TAPE LLC 1,439.99 BAKER DISTRIBUTING CO LLC 286.16 ATKINS NORTH AMERICA INC 12,969.30 PALM TRUCK CENTERS INC 458.81 PENWORTHY COMPANY 1,309.55 JIMMYS AIR & REFRIGERATION INC 2,381.75 SOFTWARE HARDWARE INTEGRATION 420.08 COMMUNITY ASPHALT CORP 85,989.42 SUNSHINE REHABILATION CENTER OF IRC INC 2,050.00 TINDALE-OLIVER & ASSOCIATES INC 15,434.10 CITY OF VERO BEACH 2,169.99 AT&T CORP 861.32 JANITORIAL DEPOT OF AMERICA INC 1,730.72 ACUSHNET COMPANY 672.67 ST JOHNS RIVER WATER MGMT DISTRICT 250.00 COMO OIL COMPANY OF FLORIDA 50.00 MORGAN & EKLUND INC 34,055.00 CALLAWAY GOLF SALES COMPANY 3,917.76 SUBSTANCE AWARENESS COUNCIL OF IRC INC 14,440.20 SUBSTANCE AWARENESS COUNCIL OF IRC INC 9,246.61 FLORIDA POWER AND LIGHT 111,165.54 FLORIDA POWER AND LIGHT 5,165.44 PUBLIC DEFENDER 3,967.41 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,904.33 STATE ATTORNEY 19,178.73 CITY OF FELLSMERE 226.47 PEACE RIVER ELECTRIC COOP INC 384.19 GLOBAL GOLF SALES INC 62.70 SUNSHINE STATE ONE CALL OF FL INC 1,130.33 STRUNK FUNERAL HOMES & CREMATORY 425.00 FLORIDA EMERGENCY PREPAREDNESS 100.00 SUNSHINE LAND DESIGN 185,117.89 TRANSPORTATION CONTROL SYSTEMS 1,896.00 ALAN C KAUFFMANN 275.00 ARNOLD AIR CONDITONING INC 227.03 CHILDRENS HOME SOCIETY OF FL 500.00 KEEP INDIAN RIVER BEAUTIFUL INC 10,554.51 INTERNATIONAL CODE COUNCIL INC 46.00 BRIDGESTONE AMERICAS INC 1,866.29 SHRIEVE CHEMICAL CO 3,888.71 THE AVANTI COMPANY INC 5,015.46 TRANE US INC 7,921.00 HULETT ENVIRONMENTAL SERVICES 160.00 CELICO PARTNERSHIP 72.14 CINTAS CORPORATION NO 2 61.32 SYNAGRO-WWT INC 67,680.00 BENTLEY SYSTEMS INC 4,435.00 OTC DIRECT INC 50.94 THE SHERWIN WILLIAMS CO 57.94 COASTAL TECHNOLOGY CORPORATION 13,985.00 SOUTHERN JANITOR SUPPLY INC 3,742.62 MASTELLER & MOLER INC 12,660.00 ETR LLC 1,771.09 HEVERON GROUP INC 3,127.16 GLOVER OIL COMPANY INC 65,890.04 GERELCOM INC 79,154.86 ORCHID ISLAND PROPERTY MGMT II INC 2,600.00 23 TRANS NBR 393561 393562 393563 393564 393565 393566 393567 393568 393569 393570 393571 393572 393573 393574 393575 393576 393577 393578 393579 393580 393581 393582 393583 393584 393585 393586 393587 393588 393589 393590 393591 393592 393593 393594 393595 393596 393597 393598 393599 393600 393601 393602 393603 393604 393605 393606 393607 393608 393609 393610 393611 393612 393613 393614 393615 393616 393617 393618 393619 393620 DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR AMOUNT FLORIDA SUPERIOR SAND INC 1,956.44 JOHNNY B SMITH 275.00 SUMMERLINS MARINE CONST LLC 3,000.00 CHARLES A WALKER 125.00 REDLANDS CHRISTIAN MIGRANT ASSOC 5,641.19 SOUTHEAST SECURE SHREDDING 143.12 TREASURE COAST FOOD BANK INC 207.00 KWACKS INC 2,124.00 YOUTH GUIDANCE DONATION FUND 2,083.33 NICOLACE MARKETING INC 2,586.00 EQ THE ENVIRONMENTAL QUALITY COMPANY 24,189.37 WINSUPPLY OF VERO BEACH 507.68 ALERT ALL CORPORATION 545.00 HELPING ANIMALS LIVE -OVERCOME 22.00 WEST CONSTRUCTION INC 185,558.27 ACCUTECH INSTRUMENTATION INC 1,816.82 CLOVERLEAF CORPORATION 117.10 FLORIDA ARMATURE WORKS INC 3,541.05 MONICA L FOLK 1,050.00 FLORIDA COAST EQUIPMENT INC 6,326.50 OVERDRIVE INC 2,940.70 BERMUDA SANDS APPAREL LLC 471.95 SURVEYMONKEY COM 300.00 XYLEM WATER SOLUTION USA INC 7,159.20 PROMATIC INC 91.83 ALAN JAY CHEVROLET CADILLAC 32,440.00 GFA INTERNATIONAL INC 11,606.25 MOORE MOTORS INC 208.59 WILD TURKEY ESTATES OF VERO LLC 286.45 REHMANN GROUP LLC 9,865.00 TAW ORLANDO SERVICE CENTER INC 8,649.31 REPROGRAPHIC SOLUTIONS INC 28.80 ALADTEC INC 14,907.00 GAUDET ASSOCIATES INC 809.93 CARDINAL HEALTH 110 INC 964.05 MUNICIPAL EMERGENCY SERVICES INC 234.90 KYLE ANDERSON 600.00 ALEX MIKLO 125.00 BURNETT LIME CO INC 6,339.20 W&G MAINTENANCE 9,490.00 PENGUIN RANDOM HOUSE LLC 438.00 CARMEN LEWIS 334.50 STRAIGHT OAK LLC 44.95 SOUTHERN MANAGEMENT LLC 10,101.00 STEWART & STEVENSON FDDA LLC 6,730.00 CHEMTRADE CHEMICALS CORPORTATION 2,861.69 SAMBA HOLDINGS INC 1,433.79 NAPIER & ROLLIN PLLC 1,155.00 COBRA GOLF INCORPORATED 836.75 SYLIVIA MILLER 1,922.00 HAWKINS INC 1,189.00 CATHEDRAL CORPORATION 828.10 GERELCO TRAFFIC CONTROLS INC 16,064.07 MILNER SPORTS LLC 1,026.67 UNIFIRST CORPORATION 1,034.01 CDA SOLUTIONS INC 125.00 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 3,830.76 GOTTA GO GREEN ENTERPISES INC 54.39 RUSSELL L OWEN III 100.00 FREEDOM ROOFERS LLC 8,000.00 24 TRANS NBR 393621 393622 393623 393624 393625 393626 393627 393628 393629 393630 393631 393632 393633 393634 393635 393636 393637 393638 393639 393640 393641 393642 393643 393644 393645 393646 393647 393648 393649 393650 393651 393652 393653 393654 393655 393656 393657 393658 393659 393660 393661 393662 393663 393664 393665 393666 393667 393668 393669 393670 393671 393672 393673 393674 393675 393676 393677 393678 393679 393680 DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR RECYCLE ACROSS AMERICA AC VETERINARY SPECIALTY SERVICES QUINCY COMPRESSOR LLC COVERALL NORTH AMERICA INC MATHESON TRI -GAS INC ROBERT 0 RICHARDSON III CANARX GROUP INC COLE AUTO SUPPLY INC RHOADES AIR & HEAT BETH NOLAN RECYCLING ROCKS LLC FLORIDA BULB & BALLAST INC STUART RUBBER STAMP & SIGN CO INC CORE & MAIN LP DJD EQUIPMENT HOLDINGS LLC ABISCOM INC GYRO-TRAC CORPORATION HINTERLAND GROUP INC AMAZON CAPITAL SERVICES INC W&J CONSTRUCTION CORP PIRATE PEST CONTROL LLC ALL RITE WATER PURIFICATION INC AMERIGAS PROPANE LP HOPPING GREEN & SAMS PA DAVID MIKE THE HOPE FOR FAMILIES CENTER INC JORDAN POWER EQUIPMENT CORP OHD LLP DEANGELO BROTHERS LLC LIBERTY TIRE RECYCLING LLC MULLINAX FORD OF VERO BEACH JUDITH A BURLEY APTIM CORP DIANA L STILLMAN DESK SPINCO INC XGD SYSTEMS LLC INVASIVE PLANT ERADICATORS LLC PGL TRUCKING INC REARDONS FAB SHOP MT CAUSLEY LLC STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC GOMEZ BROTHERS ENTERPRISES INC SOUTHERN PROPERTY CONSULTANTS LLC CHRIS ZAVESKY BISSINO CONSTRUCTION CO INC ATLAS ORGANICS INDIAN RIVER LLC PHOTOGRAPHY BY MICHAEL SIEGEL INC DUTCH COUNTRY VENDING LLC EAST CONTINENTAL SUPPLIES REBECCA SIPLAK WILLIAM D LAIN THEODORE SEMI DUSTIN LEFEBURE INTERPLAN LLC SNOWS SPACE COAST SUPERIOR EVENTS LLC TONY J RODRIGUEZ ESQUIRE UNIVERSITY OF WEST FLORIDA AMOUNT 1,549.00 91.38 7,015.69 3,216.00 8,052.00 200.00 6,759.10 4,189.14 5,585.60 92.00 2,200.00 81.60 81.99 122,748.64 229.54 439.05 578.97 28,875.00 1,808.32 69,961.18 108.00 39.62 4,467.50 6,748.50 125.00 4,183.24 804.69 860.00 160.00 7,905.64 4,988.74 90.00 93,450.59 25.00 608.85 151,766.59 321.47 11,420.80 1,865.00 21,780.00 703.52 3,235.27 8,812.80 975.89 2,511.00 475.00 125.00 6,300.00 106,25 8.00 3,150.00 6,133.54 6,350.00 38.00 400.00 150.00 54.76 100.00 500.00 2,375.00 12,500.00 25 TRANS NBR 393681 393682 393683 393684 393685 393686 393687 393688 393689 393690 393691 393692 393693 393694 393695 393696 393697 393698 393699 393700 393701 393702 393703 393704 393705 393706 393707 393708 393709 393710 393711 393712 393713 393714 393715 393716 393717 393718 393719 393720 393721 393722 393723 393724 393725 393726 393727 393728 393729 Grand Total: DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR 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 80.93 7.48 33.18 36.50 47.25 68.53 83.04 114.55 31.49 25.52 4.56 149.66 33.77 75.37 75.38 203.59 53.31 1,302.26 40.56 63.43 124.58 1.56 87.75 75.42 37.46 43.19 78.00 67.32 46.44 141.05 3.77 13.40 77.23 23.70 74.51 34.65 78.45 72.16 32.58 76.76 16.22 66.71 1.98 91.98 36.36 44.04 64.38 85.37 20.60 2,091,295.77 26 TRANS NBR 900397 900398 900399 900400 900401 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR CREATIVE CHOICE HOMES XVI LTD FLORIDA POWER AND LIGHT THE PALMS AT VERO BEACH SUNQUEST APRTMENTS LLC ORCHARD GROVE VENTURE LLC AMOUNT 232.00 43.00 339.00 254.00 1,202.00 2,070.00 27 TRANS. NBR 1016350 1016351 1016352 1016353 1016354 1016355 1016356 1016357 1016358 1016359 1016360 1016361 1016362 1016363 1016364 1016365 1016366 1016367 1016368 1016369 1016370 1016371 1016372 1016373 1016374 1016375 1016376 1016377 1016378 1016379 1016380 1016381 1016382 1016383 1016384 1016385 1016386 1016387 1016388 1016389 1016390 1016391 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 03/14/2020 03/14/2020 03/14/2020 03/14/2020 03/16/2020 03/16/2020 03/16/2020 03/16/2020 03/17/2020 03/17/2020 03/17/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 03/19/2020 VENDOR AT&T CORP OFFICE DEPOT INC COMCAST WASTE MANAGEMENT INC OF FLORIDA AT&T CORP OFFICE DEPOT INC COMCAST WASTE MANAGEMENT INC OF FLORIDA AT&T CORP OFFICE DEPOT INC WASTE MANAGEMENT INC OF FLORIDA PARKS RENTAL & SALES INC COLD AIR DISTRIBUTORS WAREHOUSE SUB AQUATICS INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES MEEKS PLUMBING INC ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE INC FIRST HOSPITAL LABORATORIES INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC RECHTIEN INTERNATIONAL TRUCKS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SPINNAKER VERO INC SIMS CRANE & EQUIPMENT CO PROTRANSMASTERS II INC AUTO PARTNERS LLC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC RADWELL INTERNATIONAL INC ALLIED DIVERSIFIED OF VERO BEACH LLC GUARDIAN ALARM OF FLORIDA LLC NEXAIR LLC EFE INC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUISNESS SOLUTIONS INC AMOUNT 1,924.80 159.44 99.95 514.80 1,396.27 132.56 69.95 595.16 1,992.43 752.75 8,495.42 495.00 322.25 468.20 435.80 4,280.65 320.00 425.30 1,038.60 455.50 9,977.43 4.86 81.06 385.42 490.00 56.67 1,841.32 384.89 450.88 381.80 1,733.40 1,261.75 587.98 447.14 855.00 362.60 85.00 223.00 92.54 1,997.70 108.00 241.61 46,424.88 28 TRANS NBR 7516 7517 7518 7519 7520 7521 7522 7523 7524 7525 7526 7527 7528 7529 7530 7531 7532 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 03/13/2020 03/13/2020 03/13/2020 03/13/2020 03/13/2020 03/13/2020 03/16/2020 03/17/2020 03/17/2020 03/17/2020 03/17/2020 03/18/2020 03/18/2020 03/18/2020 03/18/2020 03/19/2020 03/19/2020 VENDOR KIMLEY HORN & ASSOC INC CDM SMITH INC FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE SCHOOL DISTRICT OF I R COUNTY RX BENEFITS INC CHARD SNYDER & ASSOCIATES INC WEST HEALTH ADVOCATE SOLUTIONS INC WEST HEALTH ADVOCATE SOLUTIONS INC INDIAN RIVER COUNTY SHERIFF VETERANS COUNCIL OF I R C WRIGHT EXPRESS FSC FLORIDA DEPT OF FINANCIAL SERVICES SAVE ON SP LLC MOLOLAMKEN LLP AMOUNT 36,261.00 12,960.00 35,462.59 3,346.26 1,312.77 2,733.76 155,716.00 228,243.17 323.60 1,531.20 1,929.70 33,653.00 5,003.78 22,807.55 755,000.00 11,868.50 100,000.00 1,408,152.88 29 SC TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 26, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 20, 2020 to March 26, 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. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of March 20, 2020 to March 26, 2020. Li 30 TRANS NBR 393730 393731 393732 393733 393734 393735 393736 393737 393738 393739 393740 393741 393742 393743 393744 393745 393746 393747 393748 393749 393750 393751 393752 393753 393754 393755 393756 393757 393758 393759 393760 393761 393762 393763 393764 393765 393766 393767 393768 393769 393770 393771 393772 393773 393774 393775 393776 393777 393778 393779 393780 393781 393782 393783 393784 393785 393786 393787 DATE 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 CHECKS WRIT "1'EN VENDOR UNITED WAY OF INDIAN RIVER COUNTY ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT NORTH CAROLINA CHILD SUPPORT ECMC COMMONWEALTH OF MASSACHUSETTS COAST PROFESSIONAL INC COAST PROFESSIONAL INC NATIONAL RECOVERIES INC ACSI PAUL CARONE WILLIE C REAGAN LARRY STALEY DAVID SPARKS THE PALMS AT VERO BEACH JOHN OLIVIERA ARTHUR PRUETT MICHAEL JAHOLKOWSKI STEVEN RENNICK ROBERT L BRACKETT SUNCOAST REALTY & RENTAL MGMT LLC SYLVESTER MC INTOSH MISS INC OF THE TREASURE COAST DANIEL CORY MARTIN SHADOWBROOK AT VERO FIVE STAR PROPERTY HOLDING LLC E EDWARD VAANDERING VAL APTS LLC AUGUSTUS B FORT JR VERO BEACH PLACE LLC GNS REAL ESTATE HOLDINGS LLC HELPING HANDS REAL ESTATE & INVESTMENT CO ALIX DENEAU NKW PIP HOLDINGS I LLC MAXIPLEX LLC RANDY BETHEL BRANDON ROUER HUDSON CONSULTING & MANAGEMENT LLC PALMETTO PROPERTY MANAGEMENT CORP HAMID SILMANE PAMELA CHAVEZ PHILIPPE ALEXANDER STANLEY L JENNINGS SHARON P BRENNAN JANINA M GIORGIO CORNELIA H LAHEY IXORIA LLC CARLINGTON A GOFFE DEEP REAL ESTATE INC SHAUNA WALGRAVE A PLUS PROPERTY MANAGEMENT INC ORCHARD GROVE VENTURE LLC GEORGIA KING LLC BREGO PROPERTIES LLC BCAG LLC SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC YELLOW RING HOLDINGS LLC AMOUNT 776.00 299.36 303.42 169.30 105.69 303.35 154.00 237.76 292.48 175.40 201.57 4,291.00 2,313.00 593.00 1,407.00 2,377.00 856.00 756.00 547.00 661.00 780.00 641.00 365.00 2,680.00 2,419.00 657.00 830.00 625.00 818.00 641.00 2,133.00 720.00 4,285.00 750.00 2,868.00 2,387.00 751.00 2,166.00 552.00 935.00 750.00 744.00 700.00 762.00 556.00 885.00 1,126.00 711.00 703.00 487.00 950.00 795.00 4,047.00 757.00 1,950.00 249.00 758.00 791.00 31 TRANS NBR 393788 393789 393790 393791 393792 393793 393794 393795 393796 393797 393798 393799 393800 393801 393802 393803 393804 393805 393806 393807 393808 393809 393810 393811 393812 393813 393814 393815 393816 393817 393818 393819 393820 393821 393822 393823 393824 393825 393826 393827 393828 393829 393830 393831 393832 393833 393834 393835 393836 393837 393838 393839 393840 393841 393842 393843 393844 393845 393846 393847 DATE 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 VENDOR SREIT LEXINGTON CLUB LLC VERO BEACH LEASED HOUSING ASSOC III LLLP PORT CONSOLIDATED INC COMMUNICATIONS INTERNATIONAL RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC HENRY SCHEIN INC AT&T WIRELESS BRENDA DICKHART B G KENN INC GRAINGER GRAYBAR ELECTRIC REPUBLIC SERVICES INC HACH CO CALL ONE INC BAKER & TAYLOR INC MIDWEST TAPE LLC SOFTWARE HARDWARE INTEGRATION PAUL CARONE CITY OF VERO BEACH HENRY FISCHER & SONS INC ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC CULTURAL COUNCIL OF IRC GEOSYNTEC CONSULTANTS INC FEDERAL EXPRESS CORP CITY OF SEBASTIAN CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT GIFFORD YOUTH ACHIEVEMENT CENTER INC CITY OF FELLSMERE KENNETH CAMPBELL SENIOR WASTE MANAGEMENT INC WASTE MANAGEMENT INC TOCOMA RUBBER STAMP & MARKING SYSTEM FLORIDA DEPT OF ENVIRONMENTAL PROTECTION GOLF VENTURES INC INDIAN RIVER COUNTY HISTORICAL NORTHERN TOOL & EQUIPMENT CO FLORIDA ASSOC OF CODE ENFORCEMENT POSITIVE PROMOTIONS RUSSELL PAYNE INC CELICO PARTNERSHIP FLORIDA DEPT OF JUVENILE JUSTICE ELECTRONIC ACCESS SPECIALIST BIG BROTHERS AND BIG SISTERS FASTENAL COMPANY SOUTHERN JANITOR SUPPLY INC HEVERON GROUP INC INDIAN RIVER LAND TRUST INC GERELCOM INC GUARDIAN COMMUNITY RESOURCE MANAGEMENT KWACKS INC KEITH GROCHOLL CARDINAL HEALTH 110 INC SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING COBRA GOLF INCORPORATED AMOUNT 3,963.00 807.00 1,476.35 27,394.72 401.86 288.48 162.98 4,510.14 961.97 126.00 246.21 1,000.29 3,111.75 708,941.62 242.00 288.00 2,533.85 398.13 420.08 500.00 4,093.23 950.00 339.62 90,792.88 1,910.12 12,521.99 32.48 24,648.75 56.44 78,379.21 3,702.36 3,576.96 59.53 200.00 200,770.18 149.11 53.59 1,000.00 845.69 3,993.75 749.80 50.00 319.90 295.76 2,731.03 37,280.72 204.26 1,250.00 77.03 502.74 19,039.00 1,43 8.00 8,524.75 3,125.00 710.00 200.00 775.23 5,375.00 850.00 129.01 32 TRANS NBR 393848 393849 393850 393851 393852 393853 393854 393855 393856 393857 393858 393859 393860 393861 393862 393863 393864 393865 393866 393867 393868 393869 393870 393871 393872 393873 393874 393875 393876 393877 393878 393879 393880 393881 393882 393883 393884 393885 393886 393887 393888 393889 393890 393891 393892 393893 393894 393895 393896 393897 393898 393899 393900 393901 393902 393903 393904 393905 393906 393907 DATE 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 VENDOR AMOUNT ANFIELD CONSULTING GROUP INC 10,000.00 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,329.00 CATHEDRAL CORPORATION 16,500.00 UNIFIRST CORPORATION 256.01 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 378.10 CROSSOVER MISSION 5,832.67 STEVES FROZEN CHILLERS OF FLORIDA SPACE COAST INC58.00 REBECCA CARSWELL COLE AUTO SUPPLY INC FLORIDA BULB & BALLAST INC BOWMAN CONSULTING GROUP LTD ENVIRONMENTAL OPERATING SOLUTION INC GOVDIRECT INC STUART RUBBER STAMP & SIGN CO INC DJD EQUIPMENT HOLDINGS LLC K3 DIRECTIONAL DRILLING INC JERRY RIPPLE STUCCO INC DIRECTV GROUP INC EMPIRE PIPE ORLANDO LLC IM SOLUTIONS INC PIRATE PEST CONTROL LLC AMERIGAS PROPANE LP METROPOLITAN COMMUNICATION SERVICES INC JOHN J DRISCOLL SEBASTIAN RIVER ROWING INC CONSTRUCTION MANAGEMENT OF FLORIDA INC DESK SPINCO INC INVASIVE PLANT ERADICATORS LLC TELEFLEX LLC STAPLES INC EASY2HIKE INC ATLAS ORGANICS INDIAN RIVER LLC ROBERT A HUDSON ELIZABETH MARTIN PETER OBRYAN UNITED SAFETY COUNCIL INC DAVID BELL RANGER CONSTRUCTION IND INC VERO CHEMICAL DISTRIBUTORS INC KIMLEY HORN & ASSOC INC SAFETY PRODUCTS INC REPUBLIC SERVICES INC NATIONAL FIRE PROTECTION ASSOC SCHULKE BITTLE & STODDARD LLC PETES CONCRETE ECOTECH CONSULTANTS INC JOHN C HINTON PALM TRUCK CENTERS INC SOFTWARE HARDWARE INTEGRATION INDIAN RIVER COUNTY HEALTH DEPT VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH TREASURE COAST HOMELESS SERVICES TREASURE COAST COUNCIL OF LOCAL SUBSTANCE AWARENESS COUNCIL OF IRC INC AMERON HOMES INC LANGUAGE LINE SERVICES INC SOLID WASTE ASSOC OF NORTH AMERICA 240.00 17.51 23,913.17 1,730.00 8,114.75 2,453.42 116.81 277,232.00 2,850.00 3,915.00 56.31 87,696.00 257.43 629.00 2,123.47 296.00 225.00 3,000.00 13,262.50 3,532.69 860.88 2,215.50 493.64 4,990.15 156,053.80 75.00 97.01 44.06 625.00 181.88 1,423.55 590.13 9,466.00 1,045.33 258,715.50 92.75 2,700.00 950.00 2,674.00 200.00 766.25 420.08 59,762.91 6,018.16 1,500.00 2,208.00 11,675.00 6,281.85 200.00 152.00 1,000.00 100.39 223.00 33 TRANS NBR 393908 393909 393910 393911 393912 393913 393914 393915 393916 393917 393918 393919 393920 393921 393922 393923 393924 393925 393926 393927 393928 393929 393930 393931 393932 393933 393934 393935 393936 393937 393938 393939 393940 393941 393942 393943 393944 393945 393946 393947 393948 393949 393950 393951 393952 393953 393954 393955 393956 393957 393958 393959 393960 393961 393962 393963 393964 393965 393966 393967 DATE 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/26/2020 03/26/2020 VENDOR WESTSIDE REPROGRAPHICS OF VERO BEACH INC KEEP INDIAN RIVER BEAUTIFUL INC TLC DIVERSIFIED INC SHRIEVE CHEMICAL CO ST LUCIE COUNTY BOCC MICHAEL QUIGLEY RUSSELL PAYNE INC U S BANK NATIONAL ASSOCIATION SHELLEY NOWLIN PARGAS SOUTHERN JANITOR SUPPLY INC ORCHID ISLAND PROPERTY MGMT II INC JOHNNY B SMITH CATHERINE GOODHART VERO BEACH BROADCASTERS LLC VERO BEACH FIREFIGHTERS ASSOC NEWSOM OIL COMPANY ALEX MIKLO CARMEN LEWIS SOUTHERN MANAGEMENT LLC C E R SIGNATURE CLEANING SUMMIT CONSTRUCTION OF VERO BEACH LLC TC ENTERPRISE OF THE TREASURE COAST INC UNIFIRST CORPORATION CDA SOLUTIONS INC RUSSELL L OWEN III ROBERT 0 RICHARDSON III COLE AUTO SUPPLY INC KONICA MINOLTA BUSINESS SOLUTIONS BETH NOLAN SUZANNE KARR PIRATE PEST CONTROL LLC DAVID MIKE JORDAN POWER EQUIPMENT CORP APTIM CORP DESK SPINCO INC DESK SPINCO INC PGL TRUCKING INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC TAGMARSHAL INTERNATIONAL LIMITED CHRIS ZAVESKY CONSOR ENGINEERS LLC PAYMANEH KARAMAD THEODORE SEMI CODY FRONDUTO SR TAMMY DENINO NICOLE HAMILTON VICKI SOULE REBECCA BARNUM KATHERINE RODRIGUEZ AMANDA RIDER KATHERINE STAUCH KRISTAL MC INTRYE KATHY PAGE SACHIN LIMBACHIA STEPHANIE MOURE PERERS ENTERPRISES INC HENRY SCHEIN INC AMOUNT 284.50 7,778.64 2,790.00 4,092.94 37,658.83 30.00 320.05 944.69 110.49 1,157.50 1,117.13 625.02 125.00 75.00 600.00 600.00 604.00 125.00 216.00 2,966.00 1,875.00 40,313.70 23,062.00 1,984.88 800.00 50.00 125.00 1,446.67 75.56 85.00 75.00 107.00 125.00 679.52 49,545.73 1,028.61 276.02 4,282.24 1,130.19 8,046.40 106.95 945.20 50.00 57,925.94 30.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 75.00 61,629.56 1,492.60 34 TRANS NBR 393968 393969 393970 393971 393972 393973 393974 393975 393976 393977 393978 393979 393980 393981 393982 393983 393984 393985 393986 393987 393988 393989 393990 393991 393992 393993 393994 393995 393996 393997 393998 393999 394000 394001 394002 394003 394004 394005 394006 394007 394008 394009 394010 394011 394012 394013 394014 394015 394016 394017 394018 394019 394020 394021 394022 394023 Grand Total: DATE 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 03/26/2020 VENDOR AT&T WIRELESS GRAINGER WILD LAND ENTERPRISES INC BOUND TREE MEDICAL LLC TIRESOLES OF BROWARD INC CITY ELECTRIC SUPPLY COMPANY BAKER & TAYLOR INC MIDWEST TAPE LLC BAKER DISTRIBUTING CO LLC CENGAGE LEARNING INC INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH CITY OF VERO BEACH FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT KENNETH CAMPBELL SENIOR CATHOLIC CHARITIES DIOCESE OF PALM BCH TOCOMA RUBBER STAMP & MARKING SYSTEM FLORIDA DEPT OF ENVIRONMENTAL PROTECTION IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC IRC HEALTHY START COALITION INC INTERNATIONAL ASSOCIATION OF ARNOLD AIR CONDITONING INC CHILDRENS HOME SOCIETY OF FL FLORIDA RURAL LEGAL SERVICES INC GLOBALSTAR USA KATHLEEN P DOUGHERTY FLUID CONTROL SPECIALTIES INC GUETTLER BROTHERS CONSTRUCTION LLC KEITH GROCHOLL BURNETT LIME CO INC BURNETT LIME CO INC BURNETT LIME CO INC STRAIGHT OAK LLC A GREAT FENCE LLC GOTTA GO GREEN ENTERPISES INC AC VETERINARY SPECIALTY SERVICES SUZANNE BOYLL GOLF GENIUS SOFTWARE LLC GOVDIRECT INC MANDY GRANT AMAZON CAPITAL SERVICES INC JOHN J DRISCOLL BRYAN CAVE LEIGHTON PAISNER LLP JUDITH A BURLEY SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC BELZAIDA GONZALEZ ARK HOME REMODELING INC CAROL DAVID KAREN BERRERA SAMANTHA BULLARD CHRISTOPHER DONES HENRY ERFURT ASHLEY FARRUGGIO AMOUNT 1,493.59 853.95 26.45 3,326.38 4,291.00 670.64 1,518.67 476.10 121.81 603.46 2,516.00 867.10 183.46 17,120.95 26,110.27 200.00 3,147.21 21.19 1,500.00 2,500.00 2,935.89 833.33 2,500.00 720.00 1,304.38 3,409.72 2,313.50 190.44 20.00 3,868.24 4,768.68 50.00 6,371.40 984.25 1,159.50 18.95 1,260.00 107.00 114.34 80.71 2,800.00 5,674.08 135.00 3,197.20 125.00 427.00 59.50 500.00 186.38 100.00 75.00 75.00 75.00 75.00 490.80 69.23 2,769,149.85 35 TRANS. NBR 1016392 1016393 1016394 1016395 1016396 1016397 1016398 1016399 1016400 1016401 1016402 1016403 1016404 1016405 1016406 1016407 1016408 1016409 1016410 1016411 1016412 1016413 1016414 1016415 1016416 1016417 1016418 1016419 1016420 1016421 1016422 1016423 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 03/20/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/23/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/24/2020 03/25/2020 03/25/2020 03/25/2020 VENDOR WASTE MANAGEMENT INC INDIAN RIVER BATTERY DEMCO INC APPLE INDUSTRIAL SUPPLY CO ABCO GARAGE DOOR CO INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC EFE INC AT&T CORP COMCAST OFFICE DEPOT INC PARKS RENTAL & SALES INC MIKES GARAGE & WRECKER SERVICE INC SOUTHERN COMPUTER WAREHOUSE INC 4IMPRINT INC DLT SOLUTIONS LLC PRIDE ENTERPRISES RECHTIEN INTERNATIONAL TRUCKS SPINNAKER VERO INC SIMS CRANE & EQUIPMENT CO L&L DISTRIBUTORS SAFETY ZONE SPECIALISTS INC CM&S INDUSTRIES INC COUNTY MATERIALS CORPORATION NEXAIR LLC PACE ANALYTICAL SERVICES LLC AT&T CORP OFFICE DEPOT INC COMCAST AMOUNT 593.37 1,018.95 107.43 196.34 177.00 17,390.71 81.25 201.34 37,531.32 1,204.48 349.78 9,534.22 69.95 740.75 775.00 210.00 2,096.36 699.81 1,033.00 162.84 229.90 25.00 2,193.50 155.44 414.40 3,375.78 6,419.28 783.87 756.00 2,307.08 1,197.05 86.90 92,118.10 36 TRANS NBR 7533 7534 7535 7536 7537 7538 7539 7540 7541 7542 7543 7544 7545 7546 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/20/2020 03/23/2020 03/23/2020 03/23/2020 03/26/2020 03/26/2020 VENDOR KIMLEY HORN & ASSOC INC IRC FIRE FIGHTERS ASSOC TEAMSTERS LOCAL UNION #769 FL SDU TOWN OF INDIAN RIVER SHORES NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC TOTAL ADMINISTRATIVE SERVICES CORP NATIONAL METERING SERVICES INC IRS -PAYROLL TAXES HUMANE SOCIETY IRC CHAMBER OF COMMERCE COALITION FOR ATTAINABLE HOMES INC VEROTOWN LLC AMOUNT 82,959.21 9,548.56 5,433.50 5,590.08 7,005.80 60,156.59 6,476.85 12,496.81 25,046.37 452,097.75 26,040.00 28,097.34 976.00 145,824.62 867,749.48 37 80 TO: The Honorable Members of the Board of County Commissioners THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller FROM: Elissa Nagy, Finance Director DATE: March 31, 2020 SUBJECT: Approval of Annual Financial Report by County Commissioners Section 218.32, Florida Statutes, requires that each unit of local government submit a financial report covering the operations during the previous fiscal year. The Indian River County Local Government Annual Financial Report for fiscal year 2018-2019 has been prepared and is ready to be submitted to the State of Florida, Department of Financial Services in Tallahassee. The report is to be signed by the Chief Financial Officer, Jeffrey R. Smith, and the Chairman of the Board of County Commissioners and submitted within 45 days after the completion of the audit report. Recommendation We respectfully request the Board of County Commissioners to authorize the Chairman to sign the County's Local Government Annual Financial Report for fiscal year 2018-2019. 38 AFR Status: In Progress AFR Recieved Date: Audit Recieved Date: 3/18/2020 Submission Type: Debt Information Long -Term Debt: $16,174,160 Audit Information 0 J J 0 0 W N co O O } M c M C Q a) ..N Q Po E E >, o) '°t o 0 3 M o.a a) CC 0) J 45LL • 0 lDU co 't• Z c • n' O NZ'Nm N 'D -a O� O` Q Q Q(0ni4> Unit Information c a) rn m o a O O O 0 Unit Name: Indian River Name: Mrs. Elissa Nagy Title: Finance Director Phone: (772) 226-1570 Email: enagy@clerk.indian-river.org Location Information Name: Hon. Jeffrey R. Smith Phone: (772) 226-1500 co W « U co Nr-- a) O N 03 O O` I1 Q O N Certification r Y d ▪ 0 u o a) 'O W. u)ca O C m .. E • •Q c E 1- c cria) (0 N •E � o U val ) .cc N iu U.E E aiE Z H 0 Chief Financial Officer t E E m a) E co z Title: Clerk of Circuit Court & Comptroller Have You Experienced a Financial Emergency in this year? If Yes, Have You Compiled With Section 218.503(2), Florida Statues? n Revenues Report for FYE 2019 43 C F 105,247,395 3,093,941 190,496 C) C) _ M C) CO 07 00 ,- _ C) CO N O I- V CO _ 10 0 r ,- 172,390 3,798,693 6,698,493 M M C) n n .- 54,927 597,330 761,143 N 0 _ to O - 4,186,784 N N N O) a GO N N co C) — 640,210 55,284 O C) C) t0 N 13,365,372 535,790 N .— t0 N N 0 O 2,237,902 297,663 C) VN') 0) O) Cf 911,7401 2,294,097 O N _ M 10 41,580 439,026 135,787 O o 2,005,547 1,372,748 N Lt) C) N 350,000 86,869 4,011,402 CO O . co 1 107,103 Component Units %.• Trust C 0 .N C a Internal 1 Service Enterprise v G O)N 0) co V .4 CI 13,087,559 to t0 to 0 t0 co co 00 450,000 Permanent Capital Projects 19,263,128 175,036 0 N t)7 7 00 n t0 N V Debt Service 4,744,345 O O) O Ti O co . a) 10 7 , C d H eg N 100 00 N 0) M 2,789,851 03 O) O 0) r. 3,633,313 761,143 ONO O 0) I- P 4,186,7841 492,212 100 N N C) r 640,210 100 N t0 U (00 C) M N 277,813 441,737 N R N ,- 1 123,8171 573,630 122,627 00 0 t7 N 911,740 2,294,097 53,200 n 00 0) 142,869 437,214 2,173,532 350,000 it W C d 67,990,684 1,105,614 172,390 r 357,374 6,698,493 co M C) n n n 0) V f0 T 597,330 41,388 97,8341 1,664,272 56,087 o ( V 439, 0261 o 0) t0 '- v co N co 0) 0) 000 t0 co 4,011,4021 39,043 r) n O Account Code 311000 - Ad Valorem Taxes [312100 - Local Option Taxes 312300 - County Ninth -Cent Voted Fuel Tax 312410 - First Local Option Fuel Tax 312600 - Discretionary Sales Surtaxes 315000 - Communications Service Tax (Chapter 202) 316000 - Local Business Tax (Chapter 205) 322000 - Building Permits 323100 - Franchise Fee - Electricity 323300 - Franchise Fee - Water 323400 - Franchise Fee - Gas 323700 - Franchise Fee - Solid Waste 324110 - Impact Fees - Residential - Public Safety 324120 - Impact Fees - Commercial - Public Safety l 324210 - Impact Fees - Residential - Physical Environment 1324310 - Impact Fees - Residential - Transportation 324320 - Impact Fees - Commercial - Transportation 324610 - Impact Fees - Residential - Culture/Recreation -1 324710 - Impact Fees - Residential - Other 1324720 - Impact Fees - Commercial - Other 325100 - Special Assessments - Capital Improvement 325200 - Special Assessments - Charges for Public Services 329000 - Other Permits, Fees & Special Assessments 331100 - Federal Grant - General Government 331200 - Federal Grant - Public Safety 331310 - Federal Grant - Water Supply System 331390 -Federal Grant - Other Physical Environment 331420 - Federal Grant - Mass Transit 331490 - Federal Grant - Other Transportation 331500 - Federal Grant - Economic Environment 331620 - Federal Grant - Public Assistance 331690 - Federal Grant - Other Human Services 331700 - Federal Grant - Culture/Recreation 333000 - Federal Payments In Lieu Of Taxes 334100 - State Grant - General Government 334200 - State Grant - Public Safety 334350 - State Grant - Sewer/Wastewater 334360 - State Grant - Stormwater Management 334390 - State Grant - Other Physical Environment 334420 - State Grant - Mass Transit 334490 - State Grant - Other Transportation 334690 - State Grant - Other Human Services 1334700 - State Grant - Culture/Recreation 335120 - State Revenue Sharing - Proceeds 335130 - State Revenue Sharing - Insurance Agents County , Licenses 335140- State Revenue Sharing - Mobile Home Licenses Total • 68,173 446,500 10,298,464 500,004 M M O c; to 751,870 2,894,457 675 79,662 o 730,425 21;787 1,608,207 28,326,800 O R O. M N M (0 N a 0 M o U) N N N ri 8,280 402,984 V Cl. M r` O) 6,627,678 2,707,907 34,050,737 o 36,352 287,653 O 4,496,716 N (0 N C a N r 80,013 o 28,352 a0 a0 84,560 0 512,042 v a) n 371,830 138,508 v .- .- (0 362,830 o 585 Component Units t i Pension 28 M 28,326,800 Enterprise 722,688 r (0 0 2,707,907 34,050,737 3,276,932 Permanent So aa` () M r Debt Service . 500,0041 _ at 10 7O C ay ti 2 CC 0 U) N M C) o M U) 751,870 2,894,457 79,662 21,787 N O N Lc" 0 0 v M 0 o N 0 402,984 178,596 6,627,678 N (0 M t0 M 287,6531 General 68,173 446,500 V N r` (0 N O 675 856,186 1,263,213 a 0 M to N N N C N C) a0 N M - 1,219,784 426,271 V N .- 80,013 N UI M' aD N CO co. .— 84,5601 N O N 1f) 0 0 h 371,830 138, 508 V (0 (D .- 362,830 U) CO U7 Account Code 335150 - State Revenue Sharing - Alcoholic Beverage Licenses 335160 - State Revenue Sharing - Distribution of Sales and Use Taxes to Counties (Section 212.20, F.S.) 335180 - State Revenue Sharing - Local Government Half -Cent Sales Tax 335190 - State Revenue Sharing - Other General Govemment 335210 - State Revenue Sharing - Firefighter Supplemental Compensation 335220 - State Revenue Sharing - Enhanced 911 Fee 335490 - State Revenue Sharing - Other Transportation 335610 - State Revenue Sharing - Health or Hospitals 335700 - State Revenue Sharing - Culture/Recreation 337100 - Local Government Unit Grant - General Government 337300 - Local Government Unit Grant - Physical Environment 337700 - Local Govemment Unit Grant - Culture/Recreation 341100 - Service Charge - Recording Fees 341200 - Internal Service Fund Fees and Charges 341300 - Administrative Service Fees 1341520 - Fees remitted to County from Sheriff 341550 - Fees remitted to County from Supervisor of Elections 341800 - County Officer Commission and Fees 341900 - Other General Government Charges and Fees 342100 - Service Charge - Law Enforcement Services 342200 - Service Charge - Fire Protection 342300 - Service Charge - Housing for Prisoners. 1 342500 - Service Charge - Protective Inspection Fees 342600 - Service Charge - Ambulance Fees 343400 - Service Charge - Garbage/Solid Waste 343600 - Service Charge - Water/Sewer Combination Utility 343700 - Service Charge - Conservation and Resource Management 344900 - Service Charge - Other Transportation Charges 346900 - Service Charge - Other Human Services Charges 347100 - Service Charge - Libraries 347200 - Service Charge - Parks and Recreation 347500 - Service Charge - Special Recreation Facilities 348120 - County Court Criminal - Service Charges 348130 - County Court Criminal - Court Costs 348140 - County Court Criminal - Non -Local Fines and Forfeitures 348210 - Circuit Court Criminal - Filing Fees 348220 - Circuit Court Criminal - Service Charges 348230 - Circuit Court Criminal - Court Costs 348240 - Circuit Court Criminal - Non -Local Fines and Forfeitures 348310 - County Court Civil - Filing Fees 1 348320 - County Court Civil - Service Charges 348410 - Circuit Court Civil - Filing Fees 348420 - - Circuit Court Civil - Service Charges 348520 - Traffic Court - Service Charges 348530 - Traffic Court - Court Costs 1348540 - Traffic Court - Non -Local Fines and Forfeitures 348610 - Juvenile Court - Filing Fees �(— pp i� O H C) CO_ CO CO O a 0 a C) 0 Lo CO In C) 0) 0) )O 0) n C) Cl ) A (0 N CV ..:fC) CO a N co7 VCV 82,948 co CO O 310,425 640,857 o 0 4) 7 CIO o co I- O 177,181 35,470 503,252 a 0) N (() 1O 13,337,356 382,9861 256,914 561,176 t() N N CO 2,178,500 845,635 7,603,904 16,552,188 20,855 0 l() •- 12,818,118 a N N r v () Component Units Trust e oas C N 0. 1,047,018 0 0 to of 3,225,518 Internal Service I- VQ O 0) t0 (0 CD lA C) h 2,898,669 N (') C) C) V' N 32,914,647 NCO y •� 0. i d •+ C W 16,620 29,500 3,813,252 27,0801 O CO. (c) co 28,137 O O co 12,818,1181 74,791,854 Permanent a • n 3a 2,360,213 60,8011 1,725,0001 25,053,113 Debt Service 145,127 (0 (0 ri 0) (0 N Special Revenue 0) 0) Lc-) 0) h 138,091 V(.0 N co C) V 82,948 92,824 337,720 55,294 2,676,725 84,715 V C) 00 CO R 15,702 925,320 ..- co (O co O) 84,416,382 da- C W 0 co 'CO co 00 203,404 13,565 co co lO N 46,030 0) co O en- 310,425 640,857 354,500 0 C) (� 0 00 n a- 35,470 N CO O C) a- 2,393,574 355,906 125,516 72,835 182,551 00 CO (() 3,751,778 0 00 O O O N CO LO CO N 117,652,444 Account Code 1348620 - Juvenile Court - Service Charges 348630 - Juvenile Court - Court Costs 1348710 - Probate Court - Filing Fees 348720 - Probate Court - Service Charges 1348921 - Court Innovations/Local Requirements [348923 - Law Library 1348930 -State Court Facility Surcharge ($30) L348931 - Traffic Surcharge 1 348990 - Other Court Collections Transferred to BOCC 349000 - Other Charges for Services 1351100 - Judgments and Fines - As Decided by County Court 351200 - Judgments and Fines - As Decided by Circuit Court Criminal 351500 - Judgments and Fines - As Decided by Traffic Court 1351700 - Intergovernmental Radio Communication Program 351800 - 10%, of Fines to Public Records Modernization Trust Fund 1352000 - Fines - Library 354000 - Fines - Local Ordinance Violation 1358200 - Sale of Contraband Property Seized by Law Enforcement 361100 - Interest [362000 - Rents and Royalties 1364000 - Disposition of Fixed Assets 366000 - Contributions and Donations from Private Sources 367000 - Licenses [368000 - Pension Fund Contributions 369300 - Settlements 369900 - Other Miscellaneous Revenues [381000 - Inter -Fund Group Transfers In 383000 - Installment Purchases & Capital Lease Proceeds [385000 - Proceeds from Refunding Bonds 389700 - Proprietary - Capital Contributions from Other Public Source 389800 - Proprietary - Capital Contributions from Private Source Grand Total Expenditures Report for FYE 2019 _ C F 734,325 303,175 O • 488,673 16,386 A V N 9,556,281 CO 111 V n CO T.- 1l) N t0 t0 o.- CO CO 0) 1` 762,237 0) (O O N O 0 GO (0 Cr, of t0 V — 00 CO to tri t0 N 0 1` 00 of CO 6,179,835 4,910,064 1'- (O 0) CO to r1. 0 N to ro,- CO N V CO ID ,(1"„r) N 25, 091,150 998,598 3,853,804 O 28,711,384 1` t0 ao () V N (1).( 2,603,163 13,821 N CO u) O 01 2,533,796 O N C7 a N r).(1. 368,626 3,142,180 1,993,947 (c. 0) N n N 729,535 881,184 165,862 n (O 01 of N CO (0 722,794 O (.0 V o V O 4.N 52,813 9,880,711 34,906,678 Component Units 43J Trust C O C OI 7. a (1) N co 01- C V a. W 1 C N M (,) N of U)) O (0 CO (,) co' W N 1,210,698 28,954,405 780,301 38,372 Enterprise V N 0) N V N. N 1,932,498 722,794 13,955,598 52,813 9,880,711 34,906,678 Permanent Capital Projects O n 0 0 3,791,173 960,376 84,862 Debt Service 1n r) c ai r 7 (p 7 '� c N 1/141 gx 466,530 255,586 720,782 00 N (0 tl'1 ro N 277,556 218,746 187,818 167,571 VI!) 00 03 t` N 5,243,867 1,642,787 N CO r) ,_a) 84,650 82,153 V 11) (O 27,500 (O M .- 0) N 1'- N N a) M 162,8101 General 734,325 303,175 r) 1,- (O 00 00 V (0 CO CO (0 .- 1` V N 8,502,068 0 0) O VN- ri N 00 d: r) (O COco is:. - 762,237 0) O N (O 00 u) V CO 00 a) 188,387 2,978,584 3,691,217 217,791 211,458 24, 092,103 772,408 (') (') N O co CO ri 18,276,932 2,451,643 315,775 co N V r1 CO to N 0i O r) 0) or oz (O CO 0) N n N 530,399 488,912 N u) O ri (..- (0 r) V t0 V (..- `r (O (O Account/Object Code 511.10 - Legislative - Personnel Services [511.30 - Legislative - Operating Expenses [511.60 - Legislative - Capital Outlay [512.10 - Executive - Personnel Services 1512.30 Executive - Operating Expenses 512.60 - Executive - Capital Outlay 513.10 - Financial and Administrative - Personnel Services 513.30 - Financial and Administrative - Operating Expenses 513.60 - Financial and Administrative - Capital Outlay 513.70 - Financial and Administrative - Debt Service 1514.10 - Legal Counsel - Personnel Services 1514.30 - Legal Counsel - Operating Expenses [514.60 - Legal Counsel - Capital Outlay 515.10 - Comprehensive Planning - Personnel Services 1515.30 - Comprehensive Planning - Operating Expenses L515.60 - Comprehensive Planning - Capital Outlay 515.80 - Comprehensive Planning - Grants and Aids [517.70 - Debt Service Payments - Debt Service 519.10 - Other General Government - Personnel Services 519.30 - Other General Government - Operating Expenses 519.60 - Other General Government - Capital Outlay 519.80 - Other General Government - Grants and Aids 521.10 - Law Enforcement - Personnel Services 1521.30 - Law Enforcement - Operating Expenses 521.60 - Law Enforcement - Capital Outlay_ 521.80 - Law Enforcement - Grants and Aids 522.10 - Fire Control - Personnel Services 522.30 - Fire Control - Operating Expenses 522.60 - Fire Control - Capital Outlay 1522.80 _Fire Control - Grants and Aids 523.10 - Detention/Corrections - Personnel Services 523.30 - Detention/Corrections - Operating Expenses 523.60 - Detention/Corrections - Capital Outlay 1523.80 - Detention/Corrections - Grants and Aids 524.10 - Protective Inspections - Personnel Services 524.30 - Protective Inspections - Operating Expenses 524.60 - Protective Inspections - Capital Outlay 525.10 - Emergency and Disaster Relief - Personnel Services 525.30 - Emergency and Disaster Relief - Operating Expenses 525.60 - Emergency and Disaster Relief - Capital Outlay 527.30 - Medical Examiners - Operating Expenses 529.30 - Other Public Safety - Operating Expenses 1534.10 - Garbage/Solid Waste - Personnel Services 534.30 - Garbage/Solid Waste - Operating Expenses 1534.80 - Garbage/Solid Waste - Grants and Aids 536.10 - Water/Sewer Services - Personnel Services 536.30 - Water/Sewer Services - Operating Expenses O 0 a) O a Friday, March 27, 2020 Total 602,263 288,802 374,905 209,005 38,797 CO CO 0 01 O V 212,59 3,820,685 O 104,535 8,732,659 v O)C) a0 N n n 0) n M co (O cd 1 4,037,9911 0 187,2511 CO CO CO co n n T CO CO C) CO N 0 O C) CO co 0 C) (O CO 0)a0 ,_ 0 ,- n N (A n sr (0 CO O N to CO CO 131 N (C) 0) CD r 0) N 333,996 296,133 4,390,805 34,9771 215,099 N ([) CO Ci CO CO 47 a 0 .- 3,295,2871 2,274,011 1,226,449 0 V N (0 C) 5,538,134 6,000,243 4,384,745 13,414 974,272 152,829 1,036,336 O 16,552,188 0 Component Units Trust C O �N C d a Internal Service J Enterprise 01 CO ari co N 647,555 2,209,306 v v Ci .- Permanent Capital Projects CO N 01 0 CO 0 CO f0 a0 C) 845,747 3,184,726 0 TO - V O (V Debt Service 1,584,707 Special Revenue 409,988 co ul N 01 3,797 104,535 8,732,659 9,685,133 7,706,414 41,496] C) ac0 0)Ci O )O n 7 N N N (O N 0) N 1 ' 34,977 65,676 63,652 00 0) h a- 950,649 208,636 N CC') N 01 173,210 1,740,530 914,849 864,247 0) m N co N- 1,036,336 a0 (0(0 n r- (O ` 01 y 374,905 209,005 n co n o C) 87,761 co (O Oi 3,996,495 187,251 co co (n (O O n n 0) (O CO C) )O N 86,300 n N (n a0 n a' 62,6861 CO co O) N 291,895 333,996 a0 O 7 (V co 1,434,523 C) N V O. C) CO N a0 C) O 7 C) N 2,274,011 C) e- CO A O aO 0) ao CJ 0) CO C) n a 2,050,407 0 n 10 CO N 110,025 C) N O C) 7 C) Account/Object Code 536.60 - Water/Sewer Services - Capital Outlay 1536.70 - Water/Sewer Services - Debt Service 1537.10 - Conservation/Resource Management - Personnel Services 537.30 - Conservation/Resource Management - Operating Expenses 1537.60 - Conservation/Resource Management - Capital Outlay 538.10 - Flood Control/Stormwater Control - Personnel Services 538.30 - Flood Control/Stormwater Control - Operating Expenses 538.60 - Flood Control/Stormwater Control - Capital Outlay 1539.30 - Other Physical Environment - Operating Expenses 539.60 - Other Physical Environment - Capital Outlay 541.10 - Road/Street Facilities - Personnel Services 541.30 - Road/Street Facilities - Operating Expenses 541.60 - Road/Street Facilities - Capital Outlay 541.80 - Road/Street Facilities - Grants and Aids 552.30 - Industry Development - Operating Expenses 1552.80 - Industry Development - Grants and Aids 1553.10 - Veterans Services - Personnel Services 553.30 - Veterans Services - Operating Expenses 1553.60 -Veterans Services - Capital Outlay 1553.80 - Veterans Services - Grants and Aids 1554.10 - Housing and Urban Development - Personnel Services 554.30 - Housing and Urban Development - Operating Expenses 554.80 - Housing and Urban Development - Grants and Aids 562.10 - Health - Personnel Services 1_562.30 - Health - Operating Expenses 562.60 - Health - Capital Outlay 562.80 - Health - Grants and Aids [563.80 - Mental Health - Grants and Aids 564.10 - Public Assistance - Personnel Services 1564.30 - Public Assistance - Operating Expenses 1564.60 - Public Assistance - Capital Outlay 1564.80 - Public Assistance - Grants and Aids 569.10 - Other Human Services - Personnel Services 569.30 - Other Human Services - Operating Expenses 169.80 - Other Human Services - Grants and Aids 571.10 - Libraries - Personnel Services 1571.30 - Libraries - Operating Expenses 571.60 - Libraries - Capital Outlay 572.10 - Parks/Recreation - Personnel Services 572.30 - Parks/Recreation - Operating Expenses 572.60 - Parks/Recreation - Capital Outlay 572.70 - Parks/Recreation - Debt Service 1572.80 - Parks/Recreation - Grants and Aids 1575.30 - Special Facilities - Operating Expenses 575.60 - Special Facilities - Capital Outlay 1575.80= Special Facilities - Grants and Aids 1581.90 - Interfund Transfers Out - Other Uses 585.70 - Payment to Refunded Bond Escrow Agent - Debt Service Total O 224,594 N 1f) 1n M O N O 76,498 562,003 688,955 O 62,868 0) et O m 1() l0 ,- 99,639 101,073 0 330,979 38,339 505 54,173 If) n M 10 127,746 40,572 0 246,086 49,341 505 0 252,949 00 0) N v 505 O N CO CO co. (O M 0 0) M N CO OO 01 V 0) O O ,- 0) co N '- 188 Cl. (O O v '- 134,639 20,108 505 2,182,809 N n V (7 0 81,178 8,260 97,395 18,160 10 (O M 0 Component Units u Trust e O N e d a Internal Service Enterprise Permanent Capital Projects Debt Service Special Revenue 224,594 245,070 73,511 n c 0 M General Na- OD V O 2,987 562,003 688,955 62,868 81,649 CO 6 r 0) M CO 0) O) 101,073 0) n 0) O M M 0) CO co OO M 505 54,173 5,375 127,746 N n lO O a 246,086 49,341 505 252,949 00 co N V 505 68,962 239,034 (0 (0 co. 0) O O .- 0) OD N CO 00 n V n O) 134,639 20,108 505 2,182,809 N n a M 81,178 0 CO N 00 97,395 O CO a0 a - 10 (0 co ccount/Object Code 601.30 - Court Administration - Operating Expenses 601.80 - Court Administration - Grants and Aids [602.80 - State Attorney Administration - Grants and Aids 603.30 - Public Defender Administration - Operating Expenses 603.80 - Public Defender Administration - Grants and Aids 604.10 - Clerk of Court Administration - Personnel Services 604.30 - Clerk of Court Administration - Operating Expenses 604.60 - Clerk of Court Administration - Capital Outlay 605.30 - Judicial Support - Operating Expenses 607.10 - Appeals - Personnel Services 607.30 - Appeals - Operating Expenses 608.10 - Jury Management - Personnel Services 608.30 - Jury Management - Operating Expenses 608.60 - Jury Management - Capital Outlay 614.10 - Clerk of Court - Personnel Services 614.30 - Clerk of Court - Operating Expenses 614.60 - Clerk of Court - Capital Outlay 615.10 - Court Reporter Services - Personnel Services 615.30 - Court Reporter Services - Operating Expenses 629.10 - Other Circuit Court -Criminal Costs - Personnel Services 629.30 - Other Circuit Court -Criminal Costs - Operating Expenses 629.60 - Other Circuit Court -Criminal Costs - Capital Outlay 634.10 - Clerk of Court - Personnel Services 634.30 - Clerk of Court - Operating Expenses 634.60 - Clerk of Court - Capital Outlay [649.10 - Other Circuit Court -Civil Costs - Personnel Services 654.10 - Clerk of Court - Personnel Services 1654.30 - Clerk of Court - Operating Expenses 1654.60 - Clerk of Court - Capital Outlay 667.30 - Court -Based Victim Services - Operating Expenses 667.80 - Court -Based Victim Services - Grants and Aids 1674.10 - Clerk of Court - Personnel Services 1674.30 - Clerk of Court - Operating Expenses 674.60 - Clerk of Court - Capital Outlay 1675.10 - Court Reporter Services - Personnel Services 1675.30 - Court Reporter Services - Operating Expenses 685.30 - Guardian ad Litem - Operating Expenses 694.10 - Clerk of Court - Personnel Services [694.30 - Clerk of Court - Operating Expenses 1694.60 - Clerk of Court - Capital Outlay [711.10 - Courthouse Security - Personnel Services 711.30 - Courthouse Security - Operating Expenses 711.60 - Courthouse Security - Capital Outlay 714.10 - Public Law Library - Personnel Services 714.30 - Public Law Library - Operating Expenses 724.10 - Clerk of Court - Personnel Services 724.30 - Clerk of Court - Operating Expenses 725.10 - Court Reporter Services - Personnel Services 725.30 - Court Reporter Services - Operating Expenses m co N 3 0 ([) CO V O LO M O) O 0 N 0 O m M o o. E 0 v 77 e8 y CN w Lto M co coco w N a.w W Permanent 0 n O O 0 M c 0 8 Q Court - Personnel Services O 0 0 0 0 0 d d a d 4) 4) U 0 4-- 44 M N- - 0 0 O r- 0 0 0 n 0 0 0 0 CO (O co co n n Data Element Worksheet Report for FYE: 2019, Unit ID: 100031, Indian River Total Revenues Affiliated Entity O a co • M. 1.11 O N N O N M (0 U .6 0 a) a)' O a) U) U c a) O) a) E W c O 0 a`) c. m cc rn N (0 O O M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Brian Freeman, AICP; MPO Staff Director DATE: March 27, 2020 SUBJECT: Request for Authorization to Submit an Application for Section 5311 Grant for Rural Transit Operating Assistance Funds for FY 2020/21 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 7, 2020. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). ANALYSIS For FY 2020/21, $77,629 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $38,414.50 from the state Public Transportation Block Grant and $38,414.50from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #1), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). 49 The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The provision of rural transit service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2040 Long Range Transportation Plan. FUNDING Funding in the amount of $38,414.50 will be budgeted and available for FY 20/21 in the General Fund /Community Transportation Coordinator/SRA, Acct# 0011041-088230-54001. Funding for this expenditure ispart of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the FY 2020/21 Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application for FY 2020/21 2. Section 5311 Grant Application for FY 2020/21 3. Grant Budget Form 50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Fixing America's Surface Transportation (FAST) Act of 2015; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's FY 2020/21 grant application under 49 USC Chapter 53, Section 5311. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 51 The Chairperson thereupon declared the resolution duly passed and adopted this 7th day of April , 2020. BOARD OF COUNTY COM1VIISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Susan Adams, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 7th day of April , 2020. APPROVED AS TO LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Phillip J. Matson, AICP, Director Community Development Department 52 OMB Number: 4040-0004 Expiration Date: 8/31/2016 Application for Federal Assistance SF -424 * 1. Type of Submission: Preapplication Application * 2. Type of Application: * If Revision, select appropriate letter(s): @ New Continuation Revision * Other (Specify): r Application Changed/Corrected * 3. Date Received: 4. Applicant Identifier. 03/18/2020 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by 7. State Application Identifier: State: 8. APPLICANT INFORMATION: * a. Legal Name: Indian River County * b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS: 59-6000674 0792089890000 d. Address: * Streetl: Street2: * City: County/Parish: * State: Province: *Country: * Zip / Postal Code: 1801 27th Street Vero Beach Indian River FL: Florida USA: UNITED STATES 32960 e. Organizational Unit: Department Name: Division Name: Community Development Dept. Metropolitan Planning Org. f. Name and contact information of person to be contacted on matters involving this application: Prefix: * First Name: Brian Middle Name: * Last Name: Freeman Suffix: Title: MPO Staff Director Organizational Affiliation: * Telephone Number: 772-226-1990 Fax Number: *Email: bfreeman@ircgov.com S Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: B: County Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: " Other (specify): * 10. Name of Federal Agency: Federal Transit Administration 11. Catalog of Federal Domestic Assistance Number: 20-509 CFDA Title: Section 5311 " 12. Funding Opportunity Number: NA • Title: Formula Grants for Rural Areas 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): I Add Attachment Delete Attachment f View. Attachment * 15. Descriptive Title of Applicant's Project: Public Transportation Service in Rural Areas of Indian River County Attach supporting documents as specified in agency instructions. f Add Attachments , Delete Attachments ~ I View Attachments 54 1 Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant FL-8 * b. Program/Project FL-8 Attach an additional list of Program/Project Congressional Districts if needed. Add. Attachment Delete Attachment View Attachmerit 17. Proposed Project: * a. Start Date: 01/01/2021 * b. End Date: 12/31/2021 18. Estimated Funding ($): * a. Federal * b. Applicant *c. State * d. Local * e. Other * f. Program Income *g.TOTAL 77, 629.00 0.00 38,814.50 38, 814.50 0, 00 0.00 155,258.00 * 19. Is Application a. This application Q b. Program is subject Subject to Review By State Under Executive Order 12372 Process? was made available to the State under the Executive Order 12372 Process for review on to E.O. 12372 but has not been selected by the State for review. covered by E.O. 12372. 0 c. Program is not * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) Yes r No If "Yes", provide explanation and attach IF Add Attachment l Delete Attachment F'`View Attachment 21. *By signing this herein are true, complete comply with any resulting subject me to criminal, application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements and accurate to the best of my knowledge. I also provide the required assurances** and agree to terms if l accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency j ** I AGREE ** The list of certifications specific instructions. Authorized Representative: Prefix: * First Name: Phillip Middle Name: * Last Name: Matson Suffix: * Title: Community Development Director * Telephone Number: 772-226-1253 Fax Number: *Email: pmatson@ircgov.com * Signature of Authorized Representative: * Date Signed: 03/18/2020 55 Florida Department of Transportation-5311Instructions—SFY2o Purple -All Red- Capital Blue -Operating Form A-1: Current System Description (a) Please provide a brief general overview of the organization type (i.e., government authority, private non-profit, etc.) including its mission, program goals, and objectives (Maximum 30o words). Indian River County's public transportation system consists of the GoLine fixed - route system and the Community Coach demand response system. Both GoLine and Community Coach are operated by the Senior Resource Association, the county's CTC (Community Transportation Coordinator). The GoLine system consists of 15 fixed routes and provides service throughout Indian River County, including the communities of Vero Beach, Sebastian, Gifford, Fellsmere, and Wabasso. In addition, GoLine Route 15 provides regional service to the Indian River State College Main Campus in Fort Pierce (St. Lucie County). Most GoLine routes are in service six days per week. On weekdays, GoLine routes generally operate from 6 am to 7 pm. Saturday service hours are between 8 am and 5 pm. (b) Please provide information below: • Organizational structure (attach an organizational chart at the end of this section) • Total number of employees in organization z,000+ IRC employees • Total number of transportation -related employees in the organization So-qq (SRA employees) (c) Who is responsible for insurance, training, management, and administration of the agency's transportation programs? (Maximum loo words) Management and administration of Indian River County's public transportation system is by Senior Resource Association (SRA), under contract to the County. SRA also serves as the Community Transportation Coordinator of Indian River County. Page i of 2 56 Florida Department of Transportation -5311 Instructions—SFY2o Purple -All Red- Capital Blue -Operating (d) How are the operations of the transportation program currently funded? What are the sources of the funding (e.g., state, local, federal, private foundations, fares, other program fees?)? (Maximum 200 words) Indian River County's public transportation system is funded through a combination of federal and state grants and local matching funds, which are derived from the County's General Fund revenues. (e) Fully explain your transportation program: • Service hours, planned service, routes and trip types; • Staffing—include plan for training on vehicle equipment such as wheelchair lifts, etc.; • Records maintenance—who, what methods,use of databases, spreadsheets etc.; • Vehicle maintenance—who, what, when and where. Which services are outsourced (e.g., oil changes)? Include a section on how vehicles are maintained without interruptions in service ; • System safety plan; • Drug-free workplace ; and • Data collection methods, including how data was collected to complete Exhibit A-2. Note: If the applicant is a Community Transportation Coordinator (CTC), relevant pages of a Transportation Disadvantaged Service Plan (TDSP) and AOR containing the above information may be provided. Please do not attach entire documents. See attached pages from the Indian River County Transportation Disadvantaged Service Plan, approved on February 28, 2019 (amended May 23, 2019). Page 2 of 2 57 a) a) S 4--+ roV LL N O LL If Grant is Awarded Calculations (if grant is awarded) Calculationsl (current system) O 0 r» rn z 0 rp W a. >. c c O Ta al +, 0 1Vt o 4-' .0 -x E °1 Q O a W Z vii >- ot available or fixed N O Number of individuals served : 4c 4c W } W CL m u ci Number of vehicles used for this service ACTUAL. co N Number of ambulatory seats. AVERAGE PER VEHICLE fleet vehicles) N N 0) 0- 1- 0•T - H0/ ma" a, -10 ra a L 4- 0 w v 0 N N s w CIJ U N w Q w 0▪ ) s 0 ro 4- _C L Y t0 l0 0) 0 G1 w -c a, roY 0 O N D E E0 a1 O a w 3 0 O r▪ I v a) -a 1._ > > < N ._ 4-, C 03 a, (5 v ;: I- RS ... £ a) .y V us La4- N 84,000 286 miles (weekdays) 198 miles (Saturdays) 13 (weekdays) 9 (Saturdays) 22 miles N c O rd V (0 U a) v ra m N c °1 w From RouteMatch From GIS 4-1 c i 3 V >- N N O O CO 286 miles (weekdays) 1g8 miles (Saturdays) 13 (weekdays) 9 (Saturdays) '0 22 miles Calculations (current system) :; Number of wheelchair positions AVERAGE PER VEHICLE (Total wheelchair positions divided by total number of fleet vehicles) i W CL. an N E ti,L s > Cr)0 0 00 a) < Ci c i } O Q 0 a) re V)a t cu > c O '+r E T. i v Z O O .— i ra Y -p W O W L > a) C �E a c c 0 rd •.; E r(0 '- a Z O l./1^^ V E O LL Q 'i C O O 01 C7 c< ce a. W 1- < i7 s v r0 W a) v t a a) s 4-, U1 X v c a) s 4-, 'D C r0 a) O a c 4-, ai 0 L v v L L v C CU 'Cr) rn c v r0 d r0 a) E t V r0 a) a) O Q a) U v N 4- 0 +, c 7 a) t 4-, 44, L a 0) 0) O 44 .— s- 4-, }r s- 03) a) roN 4-, Q 7 4 0 V .c 0 C 0 roc a) 'a 4-,112c (1) Form A-3: Proposed Project Description (a) How will the grant funding improve your agency's transportation service? Provide detail. Will it be used to: • Provide more hours of service? • Expand service to a larger geographic area? • Provide shorter headways? • Provide more trips? • Replace existing equipment? • Purchase additional vehicles/equipment? Also, highlight the challenges or difficulties that your agency will overcome if awarded these funds. Section 5311 is a formula grant program for public transportation service in rural areas. In Indian River County, GoLine Route 10 provides service to the rural community of Fellsmere. In addition to providing service throughout Fellsmere, Route io also connects each hour at the North County Hub with Routes 5, g, and 12. Via an easy transfer, rural residents are able to travel to destinations throughout Indian River County. The. Section 5311 funds will be used for operating assistance to maintain rural public transportation service via Route 10, which provides over 9o,000 unlinked passenger trips each year. Most GoLine routes, including Route zo, are in service six days per week. On weekdays, GoLine routes generally operate from 6 am to 7 pm. Saturday service hours are between 8amand 5pm. Across the United States, transit systems are facing an increasingly precarious situation with regards to ridership and fiscal sustainability. Unlike many other systems, GoLine continues to see increases in ridership each year. Awarding this grant will contribute to the financial sustainability of a public transportation system that has been .quite successful in efficiently serving the needs of its community. 60 (b) If a grant award will be used to maintain services as described in Form A -i, specifically explain how it will be used in the context of total service. Make sure to include information on how the agency will maintain adequate financial, maintenance, and operating records and comply with FTA reporting requirements including information for the Annual Program of Projects Status Reports, Milestone Activity Reports, NTD reporting, DBE reports etc. Indian River County's public transportation system consists of the GoLine fixed route system and Community Coach demand response service. GoLine is funded through a combination of federal, state, and local sources. Indian River County is the designated recipient of federal assistance and contracts with the Senior Resource Association for the operation of both GoLine and Community Coach. The GoLine route network consists of 15 routes that provide service throughout Indian River County. Route 10 provides service to the rural community of Fellsmere and is eligible for funding through the Section 5311 program. Indian River County and its contracted service provider, the Senior Resource Association, comply with all applicable federal and state requirements. Via the TrAMS program, financial status reports and milestone progress reports are submitted quarterly to FTA, and ridership and safety reports are submitted monthly. FTA conducts triennial reviews of the system, with the most recent occurring in 2019. 61 (c) If this grant is not fully funded, can you still proceed with your transportation program? Explain. Indian River County relies upon the 5311 grant program for operating assistance to provide public transportation service in rural areas of the county. If this grant is not awarded, Indian River County will need to examine its financial capacity for maintaining current levels of service. Cutbacks in service would likely occur through the curtailment of routes or service hours.. (d) : New agencies only: Have you met with the CTC and, if so, how are you providing a service they cannot? Provide detailed information supporting this requirement. NA Applications submitted without the appropriate CTC coordination agreement may be rejected by FIDOT. Grant awards will not be made without an appropriate coordination agreement. This coordination agreement must be enforced the entire time of the grant (vehicle life or operating JPA: expiration). . 62 Form B-1: Financial Capacity — Proposed Budget for Transportation Program Estimated Revenues See Instruction Manual Passenger Fares for Transit Service (401) Revenue Amount Entire Transportation Program Special Transit Fares (402) School Bus Service Revenues (403) Freight Tariffs (404) Charter Service Revenues (405) Auxiliary Transportation Revenues (406) Non -transportation Revenues (407) Total Revenue $ - Other Revenue Categories Taxes Levied directly by the Transit System (408) Local Cash Grants and Reimbursements (409) $ 38,814.50 Local Special Fare Assistance (410) State Cash Grants and Reimbursements (411) $ 38,814.50 State Special Fare Assistance (412) Federal Cash Grants and Reimbursements (413) $ 77,629.00 Interest Income (414) Contributed Services (430) Contributed Cash (431) Subsidy from Other Sectors of Operations (440) Total of Other Revenue $ 155,258.00 Grand Total All Revenue (Line 1) $ 155,258.00 63 Estimated Expenses See Instruction Manual Labor (5oi) Amount Expense Amount Entire Transportation Program Fringe & Benefits (502) 2 - Estimated Expenses (enter number from line 2) $ 155,258.00 Services (503) 3. Shortfall (Subtract Line 2 from Line i) Materials & Supplies (504) 4. Enter Total Amount Requested from Form 424, Line 18(g) $ 77,629.00 Vehicle Maintenance (504.01) 5311 grant is included in estimated revenues Utilities (505) Insurance (5o6) Licenses & Taxes (507) Purchased Transit Service (508) $ 155,258.00 Miscellaneous (5og)* Leases & Rentals (512) Depreciation (513) Grand Total All Expenses (Line 2) $ 155,258.00 Shortfall Source Amount 1- Estimated Revenues (enter number from line 1) $ 155,258.00 2 - Estimated Expenses (enter number from line 2) $ 155,258.00 3. Shortfall (Subtract Line 2 from Line i) $ - 4. Enter Total Amount Requested from Form 424, Line 18(g) $ 77,629.00 5. * If request (Line 4) is more than needed shortfall identifed on Line 3, provide justification: 5311 grant is included in estimated revenues 64 GRANT NAME: I 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: G1F64 AMOUNT OF GRANT: $77,629 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: January 1, 2021 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 5. Grant natch amount required: $ 38,414.50 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? I Match consists of $38,414.50 in County funds already budgeted for public transportation and $38,414.50 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries $155,285 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Yeari 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years $38,414.50 65 Grant Amount Other Matching Costs Match Total First Year 1 $77,629 $ $38,414.50 in local funds & $38,414.50 in FDOT grants $155,285 Second Year $ $ $ $ Third Year . $ $ $ $ Fourth Yeari $ $ $ $ Fifth Year $ $ $ $ 65 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E.; Public Works Director FROM: James W. Ennis, P.E., PMP, Assistant Public Works Director SUBJECT: FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 1 for Project No. IRC -1505, FM No. 436379-1-54-01;436379-1-54-02 DATE: March 11, 2020 DESCRIPTION AND CONDITIONS On May 7, 2019 the Board of County Commissioners approved Resolution No. 2019-034 and a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 49th Street to 69th Street as well as for Construction Engineering Inspection (CEI) services with an estimated cost of the project of $36,700,692.00. The FDOTTRIP grant amount approved was for $4,747,018.00 with the County's cost share to be $31,953,674.00 and the agreement was executed by the FDOT on May 22, 2019. The FDOT has requested Indian River County execute and deliver to the FDOT TRIP Supplemental Agreement No. 1 to increase the grant amount by $8,500,000.00 to a new total of $13,247,018.00 for construction and CEI costs, as well as a Resolution authorizing the Board of County Commissioner's to execute FDOT TRIP Supplemental Agreement No. 1. This would decrease the County's cost share to $23,453,674.00. FUNDING Funding for the County's cost share in the amount of $23,453,674.00 will be funded over several years with Optional Sales Tax/ /66th Avenue (49th Street to 69th Street) Account No. 31521441-066510-07806. The County currently has $31,608,567.00 budgeted in the approved 5 year. Capital Improvement Element. RECOMMENDATION Staff recommends the Board of County Commissioners approve FDOTTRIP Supplemental Agreement No. 1 increasing the FDOT grant amount by $8,500,000, and Resolution and authorize the Chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. Authorizing Resolution 3. FDOTTRIP Supplemental Agreement No. 1 FM No. 436379-1-54-01 & 436379-1-54-02 APPROVED AGENDA ITEM FOR APRIL 7, 2020 66 RESOLUTION NO. 2020 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF TRANSPORTATION REGIONAL INCENTIVE PROGRAM SUPPLEMENTAL AGREEMENT NO. 1 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR 66TH AVENUE ROADWAY WIDENING FROM 49TH STREET TO 69TH STREET AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES WHEREAS, the widening of 66th Avenue from a two-lane to a four -lane divided highway from 49th Street to 69th Street and all ancillary construction work is an Indian: River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the widening of 66th Avenue from a two-lane to a four -lane divided highway from 49th Street to 69th Street and all ancillary construction work, as well as construction engineering inspection (CIE) under the Transportation Regional Incentive Program (TRIP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, Transportation Regional Incentive Program Supplemental Agreement No. 1 increasing the amount of the grant from $4,747,018 to $13,247,018. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, Transportation Regional Incentive. Program Supplemental Agreement No. 1 for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion wasseconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Bob Solari Commissioner Peter O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2020. BOARD OF COUNTY COMMISSSIONERS OF 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 William K. DeBraal, Deputy County Attorney 67 GRANT NAME: FDOT Transportation Regional Incentive Program (TRIP) GRANT # 436379-1-54-01 & 436379-1-54-02 AMOUNT OF GRANT: $13,247,018.00 rA1VIENDED}4/7/2020 DEPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: James W. Ennis P.E.. PMP Asst Public Works Director TELEPHONE: (7721.226-1221 1,. How long is the grant for? Until June 30, 2021 Starting Date: Agreement commences upon full execution 2. Does the grant require you to fund this function after the grant is over? Yes _XNo 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? Percentage of match to grant 36.09 % 5. Grant match amount required $ 71 453574 00 X Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? This is budgeted and funded in CIE. Yes X No 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $20,200,138.00 Second Year $10,000,554.00 $ $6,500,000.00 011.13 Other Salaries & Wages (PT) $ • . $ • . $ $ Fourth Year. 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? ck 71 451 fi74 M Signature of Preparer: Date: 68 Grant Amount Other Match Costs Not Covered Match Total First Year $ 3,246,464.00 $ $16,953,674.00 $20,200,138.00 Second Year $10,000,554.00 $ $6,500,000.00 $16,500,554.00 Third Year $ • . $ • . $ $ Fourth Year. $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 68 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. 01 CONTRACT NO. G-1952 FPN 436379-1-54-01; 436379-1-54-02 Recipient: INDIAN RIVER COUNTY This Supplemental Agreement ("Supplemental"), dated arises from the desire to supplement the State -Funded Grant Agreement ("Agreement") entered into and executed on May 22nd, 2019 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: This Amendment adds Financial Project Number (FPN) 436379-1-54-02 to this Agreement. This Amendment also increases the total Department participation needed for the Construction and CEI Services of the Project by EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($8,500,000.00). Paragraph 6b of the Agreement is amended to read as follows: The Department agrees to participate in the Project cost up to the maximun amount of $13;247,018.00 and, additionally the Department's participation in the Project shall not exceed 50% of the total cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Department's participation may be increased or reduced upon a determination of the actual bid amounts of the Project by the execution of an amendment. The Recipient agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits incurred in connection with completion of the Project. Paragraph 6c remains in full force and effect. Reason for this Supplemental and supporting engineering and/or cost analysis: The funding increase is for additional State funding for Construction and CEI services. 69 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA INDIAN RIVER COUNTY DEPARTMENT OF TRANSPORTATION (Name of RECIPIENT) BY: BY: TITLE: CHAIRMAN TITLE: DIRECTOR OF TRANSP. DEVELOPMENT Print Name: SUSAN ADAMS Print Name: STEVEN C. BRAUN, P.E. Date: FDOT OFFICE OF THE GENERAL COUNSEL ATTEST: LEGAL REVIEW: Jeffrey R. Smith, Clerk of Court & Comptroller .See attached encumbrance form for date of Funding approval by Comptroller By: , Deputy Clerk APPROVED AS TO FORM & LEGAL SUFFICIENCY: Recipient's LEGAL REVIEW: Print Name: WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY 70 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE RECIPIENT NAME & BILLING ADDRESS: INDIAN RIVER COUNTY 1801 27TH STREET, BUILDING A VERO BEACH, FLORIDA 32960 FINANCIAL PROJECT NUMBER: 436379-1-54-01, 436379-1-54-02 I. PHASE OF WORK by Fiscal Year: FY 2019 FY2020 FY2021 TOTAL Design- Phase 34 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) ok or $ % or $ % or $ % or $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ % or $ % or $0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ % or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % or $ 0.00 % or $ 0.00 % or $ 0.00 % or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Right of Way- Phase 44 $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or $ % or $ % or $ % or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ % or $ ok or $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ or $ or $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or $ 0.00 or $ 0.00 or $ 0.00 • or $0.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ $ 0.00 $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 Construction/CEI - Phase 54 $ 20,200,138.00 $6,500,554.00 $ 0.00 $36,700,692.00 Maximum Department Participation - (Transportation Regional or $ 3,246,464.00 or $ 3,500,554.00 or $ or $ 6,747,018.00 Incentive) Maximum Department Participation - (CIGP) or $ or $ 6,500,000.00 % or $ % or $ 6,500,000.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ % or $0.00 Local Participation (Any applicable waiver noted in Exhibit "A") or $ 16,953,674.00 or $ 6,500,000.00 or $ 0.00 or $23,453,674.00 In -Kind Contribution $ $ $ $ 0.00 Cash $ 16,953,674.00 $ 6,500,000.00 $ $ 23,453,674.00 Combination In-Kind/Cash $ $ $ $ 0.00 71 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT AGREEMENT EXHIBIT "B" SCHEDULE OF FINANCIAL ASSISTANCE COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. NORMA CORREDOR District Grant Manager Name Signature Date 72 Insert Phase and Number (if applicable) $ 0.00 $ 0.00 $ 0.00 $0.00 Maximum Department Participation - (Insert Program Name) or $ or $ % or $ ok or $ 0.00 Maximum Department Participation - (Insert Program Name) or $ or $ % or $ ok or $ 0.00 Maximum Department Participation - (Insert Program Name) % or $ % or $ % or $ % or $ 0.00 Local Participation (Any applicable waiver noted in Exhibit "A") % or $ 0.00 % or $ 0.00 or $ 0.00 or $0.00 , In -Kind Contribution $ $ $ $ 0.00 Cash $ $ $ $ 0.00 Combination In-Kind/Cash $ $ $ $ 0.00 II. TOTAL PROJECT COST: $20,200,138.00 $16,500,554.00 $0.00 $36,700,692.00 COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, F.S. Documentation is on file evidencing the methodology used and the conclusions reached. NORMA CORREDOR District Grant Manager Name Signature Date 72 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., Asst. Public Works Director SUBJECT: Work Order No. 15, MBV Engineering, Inc. 11th Drive and 37th Street Intersection Improvements (IRC -2001) DATE: March 18, 2020 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with MBV Engineering, Inc. The purpose of Work Order No. 15 is to provide geotechnical investigation, utility locating services (horizontal and vertical), franchise utility coordination, roadway construction plans, stormwater management report, permitting, signalization plans, and intersection signing and pavement marking plans for the intersection improvements of 11th Drive and 37th Street. Work Order No. 15 is for a not to exceed amount of $149,067.50, which includes permit fees. The estimated construction cost of the improvements is within the F.S. 287.055 threshold, authorizing these professional services to be completed under a continuing services contract. FUNDING Funding is budgeted and available in Optional Sales Tax/Account No. 31521441-066510-13009/37th Street (US 1 to Indian River Blvd including 11th Drive) in the not to exceed amount of $149,067.50. RECOMMENDATION Staff recommends approval of Work Order No. 15 to MBV Engineering, Inc., authorizing the professional services as outlined in the Scope of Work and requests the Board authorize the Chairman to execute Work Order No. 15 on their behalf for a not to exceed amount of $149,067.50. ATTACHMENTS Work Order No. 15 AGENDA ITEM FOR APRIL 7, 2020 73 WORK ORDER 15 11th Drive and 37th Street Roadway and Intersection Improvements IRC -2001 This Work Order Number 15 is entered into as of this _ day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY,. a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit D (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit B (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY MBV Engineering, Inc. By: Title: Vice President By: BCC Approved Date: Susan Adams, Chairman 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 74 EXHIBIT A - SCOPE OF WORK It is understood the COUNTY desires to construct a new Public Road (11th Drive) from the south property line of the Harbor Bluffs parcel to 37th Street. It is also understood the COUNTY desires to re- align a portion of existing 11th Drive immediately south of 37th Street and to carry the improvement through the 36th Court 4 -way stop intersection to approximately 150 feet south. In addition, the COUNTY also desires to improve the existing intersection at 11th Drive and 37th Street by installing a new mast arm traffic signal with pedestrian crosswalks, curb ramps, sidewalk ramps with landings and the associated signage and miscellaneous pavement markings, as needed. Furthermore, we understand the COUNTY desires a safety upgrade to the existing Go -Line bus stops that are presently located in the 37th Street grassed rights-of-way, by installing separate turn -outs that will allow for the busses to pull off the 37th Street east/west travel lanes to load and off-load passengers. In order to provide enough area for the new bus turn -outs, portions of the existing swale located in the southern ROW of 37th street will require culverting. Finally, we understand the COUNTY must provide sidewalk connections to the Cleveland Clinic Indian River Hospital from the 11th Drive roadway. Through preliminary consultation with County staff, this proposal assumes that the drainage for the north portion of the 11th Drive Public Road improvements will be collected utilizing a curb and gutter system with an underground piping network. The design will provide for the stormwater to be collected and conveyed to the north via an underground piping network to a new dry pond that will be located on the north side of the project area. The CONSULTANT assumes that the roadway improvements associated with the areas south of 37th Street will be permitted to continue to drain to the existing Indian River Hospital District's master drainage system through the network of pipes and existing swales and will not require further treatment ponds or modifications to their existing wet ponds. Project survey will be provided by Indian River County, inclusive of any additional utility and underground infrastructure that may be required for design and that is not presently depicted on the County's topographical survey for this location. COUNTY shall conduct Title Search on the SW corner of 37th Street & 11th Drive for the existing utilities equipment / services located in this area. CONSULTANT will work with County staff and the franchise utility operators for this area to identify any surface or subsurface utility information needed in order to provide for a proper design. The CONSULTANT proposes to provide the COUNTY with the necessary design plans and engineering to complete the below detailed scope of work associated with the 11th Drive and 37th Street Roadway and Intersection improvements project. A. 11th Drive Roadway Improvements 1. Task 1- Geotechnical Investigation A soils investigation conducting (5) Augers with HCP every 200 ft on the south side of 37th Street along existing 11th Drive, (8) Augers with HCP every 100 ft on the north side of 27th Street for the new section of roadway, 4 SPTs (1 for each Mast Arm Location) to a depth of 35ft and one Auger to a depth of 10ft and (3) Shelby Tube samples in the proposed new dry pond location for the horizontal and vertical permeability tests. CONSULTANT will coordinate above with the geotechnical firm and all testing shall be in accordance with ASTM D —1586. 75 2. Task 2 - Utility Locating Services (Horizontal and Vertical) DISCLAIMER NOTE: Final cost of this service cannot be determined until further coordination has occurred with Franchise Utility Operators and County representative(s) with regards to actual locations, lines and utilities will be desired for said service. The fee has been estimated for budgetary purposes in Exhibit D, Fee Schedule. Should it be determined from the Utility coordination meeting that additional Utility Locate Services will be required, an Amendment can be developed at that time and presented to COUNTY for approval. The CONSULTANT will coordinate with Blood Hound Utility Locating Company (BHUG) on their following scope: a. Horizontally and vertically locate detectable underground utilities within the project improvements area. b. Meeting on site with CONSULTANT, COUNTY and Franchise Utility Operators to confirm the locates area and specific requests and assist with access. c. EM and Real -Time GPR Locating equipment will both be utilized to locate and mark any detectable underground utilities. A not to scale digital field sketch will be provided of our discoveries for surveying purposes. We will also provide pictures and the raw GPR data for review. d. Estimate does not include any surveying services. Survey services to obtain any vertical elevations and horizontal alignments will be provided by COUNTY. e. Customer is advised that Blood Hound utilizes water-based paint and flags to identify any discoveries onsite. If this is an issue, Blood Hound must be made aware of this when scheduling. All discoveries will be painted and flagged for surveying purposes. f. All findings will be marked according to APWA standard. g. Any available as -built, engineered or other record drawings, if available, should be supplied to BHUG prior to commencement of field work. h. BHUG is not responsible for, moved, altered, obliterated or maintaining marks. BHUG will impose an additional fee to relocated / remark facilities. The performance of BHUG's services is limited to full and unobstructed access to include but not limited to: mechanical rooms, manholes, hand holes, vaults, meter rooms, telecom rooms, fixtures (plumbing, electrical, communication), dispensers, fenced compounds, tanks and structures. Full cooperation from the on-site personnel is necessary to perform a complete survey. j. Results are dependent upon field conditions at the time of locating services. It may be necessary to have parked vehicles or machinery moved to allow for a full scan and to access structures. k. CUSTOMER IS ADVISED THAT LIMITATIONS EXIST IN LOCATING PLASTIC MATERIALS WITHOUT TRACEABLE WIRES ATTACHED. During subsequent mobilizations Vacuum Excavation will be utilized to provide the precise horizontal and vertical position of specific utilities within the specified areas. CONSULTANT, COUNTY and Franchise Utility Operators representatives will assist in identifying the areas for vacuum excavation and provide guidance to BHUG. 76 m. Test hole data forms will be provided with pertinent information to include size, function, depth, material (of pipes if known) and provide the precise horizontal and vertical position of any discoveries. Offsets will be provided to existing above ground features as well and all discoveries will be painted and flagged with all verification's staked with a semi-permanent marker for surveying purposes. A digital field sketch will be provided along with pictures of the areas in question. n. Customer is advised the vertical portion of the estimate will be based on a per hole fee. Only completed test holes will be invoiced. A mobilization fee is required (if second day of MOB is not required it will not be invoiced). o. Customer understands any fees required for permits and MOT services are not provided and included in this estimate and none are anticipated. P. Cavities will be refilled with dry, native spoils (compacted in 6" lifts). q. Estimate does not include any final restoration such as hot mix asphalt, milling / resurfacing or special back fill requirements (flowable fill.) If final restoration is required by end client, city, state, or any other entity, that restoration will be the responsibility of the client. Blood Hound does not perform final concrete or asphalt surfacing. BHUG will not perform any excavations thru sidewalk without prior permission. Test holes performed under the roadway will be repaired with an asphalt cold patch and any concrete surfaces will be repaired with a Quikrete type product. r. All Survey work will be completed by IRC. BHUG will coordinate with CONSULTANT on scheduling times for surveying services to avoid delays as much as possible. 3. Task 3 —11th Drive Roadway Construction Plans The roadway construction plans shall be developed to provide roadway design from the south property line of the Harbor Bluffs parcel to approximately 150' south of 36th Court. It is anticipated that the Public Road portion to be located on the north side of 37th Street will contain two (2) 12'- wide lanes, a 5'- wide bike lane and a 6' -wide sidewalk. A new driveway connection to the CCIRH Behavioral Health Center to the east, along with a new driveway connection to 12th Court to the west, will also be designed and incorporated into the plans for this section of the road improvement. The roadway plans shall include the design of a southbound left turn / through lane and a dedicated right turn lane at the intersection of 37th Street. It is anticipated the public road portion to be located on the south side of 37th Street will contain (2) 12'- wide lanes and a 6'- wide sidewalk. The Roadway Plans shall include the design of a northbound left turn / through lane and a dedicated right turn lane at the intersection of 37th Street. The CONSULTANT will develop the necessary Demolition plans for those areas north and south of 37th Street as needed to support the 11th Drive Roadway Improvement project and as discussed in preliminary coordination meetings with County staff. CONSULTANT will rely on COUNTY to coordinate with the Cleveland Clinic Indian River Hospital (CCIRH) for all demolition activities that will occur on CCIRH property as associated with this project. 77 The construction plans shall include both plan and profile views of the proposed roadway, as well as cross-sections at appropriate intervals. Roadway Plans shall include Signage and Striping Plans for both 11th Drive roadway sections along with the appropriate signage and striping details for the new signalized intersection. Plans will be designed to include the necessary roadway drainage infrastructure associated with this project along with the necessary franchise utility design improvements required for installation of the new roadway system. All plans will be prepared in accordance with the latest design standards and practices (MUTCD) and the FDOT Standard Specifications and Indexes. Roadway Plans shall depict existing rights-of-way, section lines, property lines, temporary construction easements (as applicable) and center line of construction. Horizontal control points with State Plane coordinates for all PC's, PT's, curve radii, curve lengths and horizontal PI's shall be included on the plans or summarized in an alignment table. Erosion Control plans and applicable details sheets shall be developed as applicable to support the roadway design project. All specifications shall be noted and contained on the roadway construction plans and shall reference either Indian River County and/or FDOT Specifications for Road and Bridge Construction. Any deviations from County and/or FDOT Specifications for Road and Bridge Construction shall be noted and clarified on the construction plans. 4. Task 4 - Stormwater Management Report It is anticipated that all roadway improvements proposed north of 37th Street will drain to a new dry detention pond that will be located in the north section of the project area. CONSULTANT will provide all necessary design and permitting of said pond to provide for the required water quality treatment and attenuation associated with this section of the new roadway. It is anticipated that all roadway improvements proposed south of 37th Street will drain to the Indian River Hospital District's existing Master Stormwater system via existing swales and or piping. A Stormwater management report will be developed substantiating this proposed system and design and provided to Indian River County and the St. Johns River Water Management District. It is understood the COUNTY will coordinate any easements necessary for the associated drainage design to flow to the locations stated above. As it is assumed this project will be permitted to drain to the aforementioned systems, this proposal includes stormwater pond modification (north roadway system) design and minor modifications to the IR Hospital District's Master stormwater pond bodies. 5. Task 5 - Permitting CONSULTANT shall coordinate with COUNTY and develop the necessary permit applications in support of the 11th Drive Roadway Improvement project. CONSULTANT shall complete all applications and coordinate with County representative(s) for necessary signatures and authorizations. CONSULTANT shall coordinate and submit all application packages (once complete) to the applicable jurisdictional agencies. 78 CONSULTANT shall respond to RAIs as applicable and will work closely and coordinate with COUNTY on RAIs issued by the permitting agencies. It is understood this project is only required to apply for the following permits and is therefore based on such: • St. John's River Water Management District Permit modification to the existing Indian River Hospital District Master Permit for the portion of 11th Drive south of 37th Street (Report format only, excludes ICPR modeling) • St. John's River Water Management District ERP Permit for the portion of 11th Drive north of 37th Street Task 6 - Franchise Utility Coordination The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the CONSULTANT and reflected within the prepared construction documents. The CONSULTANT will also coordinate with the electrical service provider relative to the location and infrastructure required to accommodate the proposed power supply location in support of the proposed 11th Drive and 37th Street signalized intersection. B. 11th Drive & 37th Street Signalization - Mast Arm Assembly 1. Task 1- Signal Design Construction Plans The CONSULTANT will prepare traffic signal design plans, and special details for construction. The plans will be signed and sealed. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign details, pole schedules, tabulation of quantities. Plan sheets will include generals notes, layout sheets, sign work sheets (if needed), and mast arm assemblies data tables. The plans will be prepared in accordance with County and applicable FDOT standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for the development of the plans: a. The roadway plan sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. b. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 79 c. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. d. Plans shall include spot grades adequate to describe any proposed grading. e. Match lines shall not be located within the limits of an intersection. f. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. g. All quantities shall reference FDOT Pay Item Numbers. h. All details shall reference FDOT Index Numbers, where applicable. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 2. Task 2— Intersection Signing and Pavement Marking Plans Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. C. Cost Estimates The consultant will produce three (3) Opinion of Probable Cost (OPC) at the designated milestones of the project. A summary of pay items sheet shall be prepared with all required initial (30%), interim (60%) and Final (100%) plans submission. The final plans (signed and sealed) will be provided to COUNTY based upon English units and provided in digital and PDF formats. D. Bidding Phase The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Civil and Traffic Plan Documents for Bidding • Attendance at Pre -Bid Meeting (Both civil and traffic representatives will be in attendance) • Response to requests for additional information (RAIs) for bidders NOTE: All construction specifications will be on the applicable plan sheets in lieu of a specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. 80 EXHIBIT B - SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Initial Submittal (30% design drawings) 3 months from issuance of Notice to Proceed • Interim Submittal (60% design drawings) 5 months from issuance of Notice to Proceed • Final Submittal (100% design drawings) 7 months from issuance of Notice to Proceed EXHIBIT C - DELIVERABLES The CONSULTANT shall provide the COUNTY with the following at the designated milestones: • Initial (30%) completion: o Three (3) sets of plans in 24" x 36" format o One (1) Opinion of Probable Cost (OPC) o One (1) CD with drawings in PDF format • Interim (60%) completion: o Three (3) sets of plans in 24" x 36" format o One (1) Opinion of Probable Cost (OPC) o One (1) CD with drawings in PDF format • Final (100%) completion: o Three (3) sets of plans in 24" x 36" format (signed & sealed) o One (1) Opinion of Probable Cost (OPC) o One (1) electronic version of the plans in pdf and CAD format 81 EXHIBIT D - FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee A. 11th Drive Roadway Improvements 1. Task 1- Geotechnical Investigation $ 8,250 2. Task 2 - Utility Locating Services (Horiz. & Vert.) * $ 10,000 3. Task 3 - 11th Drive Construction Plans $ 55,500 4. Task 4 - Stormwater Management Report $ 8,500 5. Task 5 - Permitting $ 5,500 6. Task 6 - Franchise Utility Coordination $ 8,500 B. 11th Dr. & 37th R. Signalization Mast Arm Assembly Signalization Plans and Intersection Signing and Pavement Marking Plans $ 42,500 C. Cost Estimates $ 4,500 D. Bidding Phase $ 4,800 TOTAL $ 148,050 Permit Application Fees: a. SJRWMD ERP for new dry pond $ 490.00 b. SJRWMD ERP modification** $ 527.50 *Refer to section A. Task 2 for disclaimer notes. **Based on 62-330 FAC, 25% of the fee for a new permit for activity proposed in modification. ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by COUNTY in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. 82 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSEN TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Quintin Bergman, M.S., Sea Turtle Environmental Specialist SUBJECT: Sector 3 Beach & Dune Nourishment Project APTIM Amendment No. 1 to Work Order 2018006-4 (IRC 1926) DATE: April 2, 2020 DESCRIPTION AND CONDITIONS On January 9, 2018, the Indian River County Board of County Commissioners (BCC) approved a contract with APTIM Environmental & Infrastructure, Inc. (APTIM) for professional coastal engineering and biological support services related to the management and nourishment of the Sector 3 (Wabasso Beach) beach project area (RFQ#2018006). The Sector 3 project area is a critically eroded 6.6 -mile section of shoreline that extends from the Seaview Subdivision south to the Turtle Trail beach park. The Sector 3 project area sustained damage from Hurricane Matthew (2016), Irma (2017), and Dorian (2019) creating the need for repair. On December 4, 2018 the BCC approved Work Order No. 2018006-4 in the amount of $150,613.60, to provide professional services in support of pre -construction biological monitoring. Florida Department of Environmental Protection (FDEP) permitting requires pre- and post - construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to nearshore natural hardbottom. This is completed through the use of transects that divers monitor within the project area. The original Work Order 2018006-4 contains a task of establishing and monitoring thirty (30) permanent transects. The need for Amendment No. 1 to Work Order 2018006-4 has resulted from the FDEP Requests for Additional Information (RAI) and permitting process during which the Biological Monitoring Plan was revised to include the installation and monitoring of thirty-eight (38) permanent transects. APTIM provided a cost proposal of $26,840.30 to accomplish the additional eight (8) transects as detailed in proposed Amendment No. 1 to APTIM Work Order 2018006-4. County staff has reviewed the proposed cost for Amendment No. 1 in the amount of $26,840.30 and found the cost to be in line with the current approved work order and existing professional services agreement. 83 Page 2 Sector 3 — Beach & Dune Nourishment Project APTIM Amendment No. 1 to Work Order No. 2018006-4 April 7, 2020 BCC Meeting FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue. Funding for the pre -construction monitoring in the amount of $26,840.30 is budgeted and available for the Sector 3 Beach Restoration Project in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew, Account No. 12814472-066514-17001. RECOMMENDATION Staff recommends the Board authorize additional funding for Amendment No. 1 to Work Order No. 2018006-4 in the amount of $26,840.30, producing a new total work order lump sum price of $177,453.9. Additionally, staff recommends the Board authorize the Chairman to execute Amendment No. 1 to Work Order No. 2018006-4. ATTACHMENT Amendment No. 1 to WO #2018006-4 APPROVED AGENDA ITEM FOR: April 7, 2020 84 March 24, 2020 Exhibit 1 James Ennis Assistant Public Works Director Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Subject: Indian River County, FL Sector 3 — 2018006 — Work Order #4 — Amendment 1 Pre -Construction Biological Monitoring Dear James: This proposal outlines an amended scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide professional services to Indian River County (the County) in support of pre -construction biological monitoring efforts required for the Indian River County Sector 3 Beach and Dune Renourishment Project. The Biological Monitoring Plan developed for the Sector 3 project during permitting will require pre- and post - construction biological monitoring adjacent to the project area to monitor for potential secondary impacts to nearshore natural hardbottom. This. task addresses the scope of work to complete the pre -construction biological monitoring, and is based on early coordination with the Florida. Department of Environmental Protection (FDEP) and the FDEP Standard Operating Procedures (SOP) for Nearshore Monitoring of Beach Nourishment Projects (FDEP, 2016). The pre -construction biological monitoring proposed herein includes hardbottom edge mapping and establishment and monitoring of permanent crossshore transects. If additional, or expanded tasks are identified by the regulatory agencies during the permitting process, APTIM will notify the County, and a mutually agreeable change order or additional Work Order will be executed. This amendment to the scope of work has resulted from the Requests for Additional Information (RAI) and permitting process during which the Biological Monitoring Plan was revised to include the installation and monitoring of thirty-eight (38) permanent transects. The costs to install eight (8) additional transects is provided herein. The costs associated with this work order were developed following the provisions of the Professional Services. Agreement between Indian River County and APTIM, dated January 9, 2018, to provide engineering and biological support services for the Sector 3 (Wabasso Beach) Beach and Dune Renourishment Project (RFQ#2018006). Scope of Work • Installing and Monitoring Permanent Transects: Eight (8) additional (Thirty-eight (38) in total) permanent transects will be established along the length of project influence, which includes 1000 feet north (updrift) and 3000 feet south (downdrift). This includes twenty-four (24) biological monitoring transects and fourteen (14) sediment -only transects located in areas where the ETOF comes closest to the hardbottom. All transects will run perpendicular to the shoreline and extend from the landward 85 hardbottom edge to a distance of 50 meters seaward. Stainless steel rods will be used to permanently mark the transects to facilitate repeatability for post -construction monitoring. Following transect establishment, a biological survey will be conducted to document the pre -construction condition of the hardbottom using the following methods: • Quadrat Assessments: Up to nine (9) 0.5-m2 quadrats sampled along each transect to quantify the benthic community. • Sediment Measurements: Collected using line -intercept and 1-m interval sediment depth measurements. • Video/Photo Documentation: Collected for the length of each transect. It is anticipated that an additional three (3) days (up to 20 days total) of field operations is required to delineate the hard bottom edge, install permanent transects and monitor the transects. The collected pre -construction data will be compiled and incorporated into an interactive GIS database and the quadrat data will be entered into an Access database. Data entry, reduction, archiving, and analysis time is included in the cost estimate to address the data management and reporting requirements for the field operations. Deliverable Raw data will be provided to FDEP and the County including a PDF of the scanned datasheets, excel spreadsheets with quadrat data, interval sediment depth measurements and line -intercept data, shapefiles of the hardbottom edge survey, video/photo documentation. Additionally, APTIM will provide a map of the project area and adjacent hardbottom resources with the hardbottom edge delineation and monitoring transects overlaid onto the most recent aerial photography (in digital format). A report is not proposed for the pre -construction monitoring survey. APTIM will also provide information or assistance to County staff, as needed or requested. Schedule The pre -construction monitoring event will take place, upon receipt of a written notice to proceed, during the summer (May —September) prior to project construction. Raw data from field operations will be submitted to the County and FDEP within 45 days of completion of the survey. Cost The lump sum cost for this amendment is $26,840.30. Summary The total lump sum cost to perform the proposed work described herein for Sector 3 — 2018006 — Work Order #4 is $26,840.30. The following page includes a summary of the costs and labor hours of each Task. Thank you for the opportunity to serve Indian River County. As always, please do not hesitate to call if you have any questions. Sincerely, Christopher Paul, P.E. Project Manager 1 Coastal Engineer Aptim Environmental & Infrastructure, LLC. cc: Quintin Bergman, IRC Eric Charest, IRC Stacy Buck, CPE zed Corporate Signature Beau C. Suthard, P.G. Printed Name Program Director Title 86 d E 'L Eo CC u G c m ._ 0 t� 0 0 Ne CO NN> 0 C , 0 3 L c co o O 0 N () M i L Q. 0 0 0 0 Summary of Cost by Task Totals 0 MM O Tr oo t0tO N EA . EA EA EA EA ER M 0 O Tr N EA Mobilization/ Travel $ 1,632.00 61.3 (f3 V3 EA iA EA $ 1,632.00 Materials $ 1,035.00 EA• 6H EA EA EA EA $ 1,035.00 Equipment $ 4,020.30 i EA i EA • EA 1 EA 1 EA 0 r) O N 0 EA Subcontractors $ 5,493.00 i EA• V3 to EA 4 EA 69 0 0 M 0) (0 ER Labor O o (Op EA EA EA 69 EA EA EA 0 0 o ((0 1 63 Task Name Sector 3 Pre -Construction Biological Monitoring Totals = Task Number Y N @ I- Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Submitted By: Submitted To: O v N M 0 Submission Date: Indian River County, FL Sector 3 2018006 - Work Order #4 - Amendment 1 Pre -Construction Biological Monitoring Summary of Labor Hours and Cost Totals Cost 1 E9 1 E9 1 E9 1 E9 1 E9 1 E9 1 69 1 t9 1 69 1 69 1 to 1 69 1 1 E9 E9 1 $ 11,780.00 1 E9 1 69 1 E9 1 E9 1 f9 1 E9 1 69 1 69 $ 2,880.001 ,,, 69 H CO $ 5,493.00' 0 el o CN 0 69 I $ .1,035.001 69 $ 1,632.00 $ 26,840.30' O E co = 1 I I 1 I I I. 11 t t t t t V 01 t t I t I l I o tp M 1 1 1, 1 1 1 1 0 co Sector 3 Pre -Construction Biological Monitoring 1 Task 1 1 Cost 11111111111111 to co 69 f9 f9 E9 49 E9 E9 69 69 49 69 69 $ 11,780.001 69 69 CO 69 69 CO 69 E9 O O co 00 N 69 69 6) E9 �$ 5,493.00 1 O C) N O 69 O O co 0 69 69 $ 1,632.001 $ 26,840.30 Labor Hours N CO0 t .� 0 = m 0 m.— 9 Q' J 0 0 0 N E9 0 0 0 (07 N 0 0 0 C) 69 $ 165.00 0 0 O to N $ .125.00 0 0 to O 69 0 0 0 C) 69 0 0 0 s- E9 0 0 to K ,—.— t9 0 0 O C) t9 0 0 O T f9 0 0 0 0 O to 00 C) f9 t9 0 0 N o) E9 0 0 N n t9 0 0 O co .-.- t9 0 0 O C) N9 0 0 to Cr, 69 0 0 0 0O t9 $ 140.00 $ 105.00 1 0 0 to 0 69 0 0 o CO 69 0 0 0 CO 69 0 0 h 69 0 0 O CO 19 1 1.. 1 1 Labor Title Principal Engineer/Sr Proj Mngr Expert Witness (Testimony) Program Manager Sr Coastal Engineer/Proj Mngr Coastal Engineer III Coastal Engineer II Coastal Engineer I 1 Coastal Modeler II Coastal Modeler I Professional Surveyor & Mapper Hydrographer 1 Surveyor Survey Technician Senior Marine Biologist 0 O m C c m 2 N_ O In C c m 2 Professional Geologist 'Geologist III Geologist II Geologist I Senior CAD Operator CAD Operator GIS Operator 1 Boat Captain N N N Y S m �O U m U [Technician 'Subcontractors Equipment Materials j 'Other ODCs MobilizationlTravel TOTAL Submitted By: 00 00 J LI- >. C 0 0 0 '05 COc cc CONSENT AGENDA BCC Meeting April 7, 2020 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General SPrviiPc Pat Date: March 23, 2020 To: The Honorable B4 Through: Jason E. Brown, ( Michael C. Zito, A From: Kevin M. Kirwin, Subject: Approval of Licen Inc. for Partition Office to Include Antenna. BACKGROUND adio Club, mpground in of One Vero Beach Amateur Radio Club, inc. (vEEARC) is a registered not for profit organization located within Indian River County. The VBARC stated mission is " to recruit, train and help committed HAM (term that refers to amateur radio operators) Radio operators carry on the tradition of amateur radio by using our network of technical resources, and expertise to provide equipment, skilled operators and emergency services when called upon by local authorities in time of need to assist and protect the citizens in the communities in which we live and serve." The VBARC has a long standing history of service to the citizens of Indian River County through their cooperation with the Indian. River County Emergency Services Division. Most recently, when Indian River County opened ten shelters in preparation for Hurricane Dorian, the Indian River County Emergency Services Division worked with Amateur Radio Emergency Services (ARES) and VBARC to activate communications at all of the shelters including the Special Needs & the Pet Friendly Shelters. ARES and VBARC provided vital health and welfare information to the various agencies throughcoordination with the Emergency Services Division. Amateur radio operators logged 631 hours amongst the 16 volunteers during this activation. VBARC is looking to utilize space at the Donald MacDonald Campground, located at 12315 Roseland Road. The office of the campgrounds is housed within a 1,976 square foot, repurposed modular building (formerly the pro -shop and club house for the Sandridge Golf . Course). Campground staff use only a small portion of the entire square footage of the building and their primary tasks are focused on campsite maintenance and grounds maintenance duties on nearby parks. VBARC intends to partition approximately 204 square feet of the building's space to set up a fully operational amateur radio station along with an antennae tower in order to conduct HAM certification trainings for Scouts, Veterans and other interested residents. The club will hold monthly gatherings for low powered temporary installations, training in the latest digital techniques, license courses, testing, and conduct amateur radio exercises. 89 Additionally, VBARC will be installing a CCTV security monitoring system in the building which the County will have access to and a digital locking system for the building to enhance security. VBARC's presence in the building will further enhance the security of the facility and campgrounds. There are no foreseeable operating impacts with the execution of this license. FUNDING: Vero Beach Amateur Radio Club, Inc. will reimburse the County for additional electrical expenses incurred through this license. The estimated value of the digital locking system to be installed by the VBARC is $800 and the estimated value of the CCTV security monitoring system is $500. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the license agreement with Vero Beach Amateur Radio Club, Inc. and authorize the chair to execute the same. ATTACHMENT: License Agreement with Vero Beach Amateur Radio Club, Inc. DISTRIBUTION: Vero Beach Amateur Radio Club, Inc. Kevin M. Kirwin, Director —Parks and Conservation Resources APPROVED AGENDA ITEM FOR APRIL 7, 2020 90 LICENSE AGREEMENT This license agreement ("License Agreement") entered into on this day of , 2020 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "IRC", and The Vero Beach Amateur Radio Club, Inc. , a Florida Not for Profit Corporation, 4225 43rd Avenue, Vero Beach, FL 32967, hereinafter referred to as "VBARC", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. IRC hereby issues a license to the VBRAC for use of the two hundred and four square feet of office space (17 x 12 feet), located at 12315 Roseland Road, Sebastian, Florida 32958, in the County of Indian River, Florida, more particularly described as follows: Approximately two -hundred four (204) square foot partitioned section of the Campground Office at the Donald McDonald Campground including space behind office for the construction of one antenna (approximately forty (40) feet high). The term of the license shall begin the day approved by the Board of County Commissioners and end three (3) years thereafter with an option to renew for two, one year terms upon mutual agreement of both parties. The County's right of entry onto the property shall begin upon termination of this License Agreement. 1.1 Extension of License. This license shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this license. 1.2 Termination of License by VBARC. VBARC may opt out of this license anytime during the license period by providing written notice to IRC. This license shall terminate if the VBARC no longer occupies or uses the license premises. 1.3 License Fee. Provided VBARC performs all terms and conditions of this License Agreement, VBARC shall not be required to pay a fee for use of premises. 2. USE OF PREMISES. During the term of this License, the VBARC shall use the licensed premises for VBARC meetings and to access radios and for no other social, business functions, or purposes. VBARC 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. Members and guests of VBARC shall not use tobacco or have alcohol on the premises. IRC will permit access to the facility to VBARC. 2.1 Access VBARC will only allow members and escorted guests of the VBARC into the office. VBARC shall send an email to the campground manager twenty-four (24) 91 hours in advance of all scheduled events, meetings and training sessions. When advance notice is not feasible, such as to perform required maintenance, participate in emergency communication events or the like, VBARC will inform the campground manager via email stating the purpose of the visit and which VBARC members entered the site. 2.2 Check In All members of VBARC will be required to log in and out of the facility and the log will be provided for inspection by the Parks and Conservation Resources Director. 2.3 Antenna The Antenna shall be solely used by VBARC. Antenna use by other radio transmissions or cell nodes is not permitted without prior IRC written approval. 2.4 Overnight Lodging The office is not to be used as a sleeping premises however, IRC does recognize that VBARC will be conducting 24 hour exercises periodically. 3. PROPERTY LICENSED "AS IS". VBARC agrees that the property is being licensed "as is" and that IRC makes no warranty or guarantee of the condition of the property or any of the improvements. VBARC has examined the premises and has determined that the premises are suitable for VBARC's purposes. 4. COMPLIANCE OF LAW. VBARC shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this license agreement. 5. MAINTENANCE AND REPAIRS. VBARC agrees to make any approved improvements to the premises and agrees to keep said premises in a safe, clean and attractive condition during the term of this License Agreement. VBARC shall clean the restrooms in the office after each visit and clean common meeting space after each use. VBRAC shall make any repairs to the premises for damages caused by VBARC or its members or guests within a reasonable time frame upon request by IRC. Upon the expiration of the License Agreement, VBARC shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this License, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. With written permission of IRC, VBARC shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by VBARC and placed in, on, or about the premises, including equipment not affixed to the realty, shall remain the property of VBARC. VBARC may remove same on or before the termination of the License Agreement, provided that if removal results in damage to any part of the premises, VBARC shall return the property to a condition suitable for the original intended use of that part of the licensed property. In addition, any and all personal property not attached or installed in any building or structure shall remain VBARC's property and may be removed on or prior to termination of this License Agreement. 6.1 Wi-Fi/Locks VBARC shall install a digital lock to the facility for use by VBARC and VBARC will have access to the Wi-Fi at the campground to support such 92 systems. VBARC may at their own expense install an upgraded Wi-Fi service to the building. 6.2 Improvements Any improvements or signage must be approved by Indian River County Parks and Conservation Resources Director in writing prior to said improvements or signage being added to property. ' 6.3 Permitting Any improvements and or construction that will require a permit shall be done through Indian River County. 6.4 Closed -Circuit Television (CCTV) VBARC shall install a CCTV system viewing the office entrance and radio room with IRC having access to the system's recordings. 7. UTILITIES. VBARC will pay the difference between the current monthly average and the future monthly average of the Electric Bill for the Office at year end in one payment. The VBARC agrees to hold IRC harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. VBARC agrees to hold harmless and indemnify IRC from any liability which may arise from the VBARC's use of the property. 9. INSURANCE. The VBARC shall carry the following insurance coverage and shall furnish IRC a certificate of said coverage. 9.1 Special Requirements. Prior to the commencement of the use of the premises, a certificate of insurance shall be provided to the Risk Manager for review. and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. 9.2 Lapse in Coverage. If the VBARC allows insurance coverage required under this License Agreement to lapse, expire or be canceled it shall be an immediate breach of the License Agreement and grounds for eviction. 9.3 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this License Agreement shall thereby be determined ended. IRC shall not be liable to rebuild, replace or repair said premises. 10. RIGHT TO INSPECT. IRC may enter and inspect the premises at all reasonable hours to ensure that the premises are being properly maintained and kept in good condition. 10.1 Meetings IRC will schedule and conduct quarterly meetings with VBARC and the Donald McDonald Campground Manager. 93 11. ASSIGNMENT. VBARC shall not assign, or transfer any part of this License Agreement without prior written consent of IRC which may be withheld for any reason. This License Agreement is entered into with the knowledge that only the VBARC will occupy the office. No additional entities, whether permanent or temporary shall be permitted to occupy the office space during the term of the License Agreement without IRC's written consent. VBARC shall not mortgage the premises. 12. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this License Agreement, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 13. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to VBARC at: The Vero Beach Amateur Radio Club, Inc. 4225 43rd Avenue Vero Beach, Florida 32967 Such notices to IRC shall be addressed as follows: Indian River County Parks and Conservation Resources Director Attention: Public Works Director 5500 77th Street Vero Beach, Florida 32967 These addresses may be changed by either party by providing written notification to the other. 14. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. IN WITNESS WHEREOF, we, IRC and VBARC, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. THE VERO BEACH AMATEUR BOARD OF COUNTY COMMISSIONERS RADIO CLUB, INC. OF INDIAN RIVER COUNTY, FLORIDA By: By: Its: Susan Adams, Chairman 94 Approved by BCC: , 2020 Witnessed by: ATTEST: signature: printed name: By: Jeffrey R. Smith, Clerk of Court signature: and Comptroller printed name: Approved: Jason E. Brown, County Administrator Approved as to form and legal Sufficiency Susan J. Prado Assistant County Attorney 95 INDIAN RIVER COUNTY, FLORIDA AGENDA MEMORANDUM Library Services / Department of General Services CONSET AGENDA BCC Meeting 04.07.2020 Date: To: March 10, 2020 The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Tracey L. Wehking, Director of Library Services Subject: North County Library Addition — Donadio & Associates, Architects, P.A. — Work Order No. 3 DESCRIPTIONS AND CONDITIONS: The North County Library opened in November of 1990 and was expanded in 2002 to bring total square feet to 25,445. The Library Master Facility Plan 2005-2025 states that by 2025 the North County Library should have between 32,397 and 53,995 square feet. The North County Library is a very busy branch in a growing city. Expansion, particularly for children's services, is needed to serve the growing community. The proposed 2,800 square foot addition will allow for a dedicated, large multi-purpose room for Storytime and programming. This will open up the current small story room for use as a makerspace/STEAM lab. Additionally, two new small conference rooms will be incorporated into existing space to better serve the needs of the community. Staff received a proposal including the necessary scope of work from Donadio & Associates, Architects, P.A., under continuing services contract (RFQ 2018063), the ranking of which was approved by the Board of County Commissioners on October 16, 2018, and the BCC subsequently approved the agreements on November 13, 2018. The Scope of Work for the North County Library Addition includes all Architectural services, Structural Engineering, Mechanical/Electrical Engineering and Civil Engineering under Basic Services outlined in the attachment. Reimbursable expenses will be billed at actual cost. Additional Services include Civil Engineering associated with On-site Civil Design/Permitting and Sebastian Lakes PUD Master Stormwater Track Drainage Modeling if required. Additional services will include construction cost consulting services, geotechnical testing, site lighting and photometrics as needed. FUNDING: Funding for this project is available through. Library Impact Fees -Impact Fees/Library/N County Library Expansion (Account No. 10311271-066510-20027) in the amount of $88,470.00. Reimbursable expenses included in the total amount will be billed at actual cost and any fees associated with the Additional Services will be billed only as utilized. Description Account Number Amount Donadio Work Order #3 North County Library Expansion # 10311271-066510-20027 $88,470.00 RECOMMENDATION: Staff recommends the acceptance of Work Order No. 3 to Donadio & Associates, P. A. for architectural/engineering design services and requests the Board to authorize the Chairman to execute Work Order No. 3 in the amount of $88,470.00. ATTACHMENTS: Attachment A — Work Order No. 3 Donadio & Associates, Architects, P.A. - Architectural/Engineering for North County Library Addition. APPROVED AGENDA ITEM FOR APRIL 07, 2020 97 ATTACHMENT A WORK ORDER NO. 3 ARCHITECTURAL/ENGINEERING PROPOSAL 2019-44.1.2 NORTH COUNTY LIBRARY ADDITION DONADIO & ASSOCIATES, ARCHITECTS, P.A. This Work Order Number 3 is entered into this day of April, 2020, pursuant to that certain Continuing Consulting Architectural Services Agreement, dated November 13, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and DONADIO & ASSOCIATES, ARCHITECTS, P.A. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Donadio & Associates, Architects, P.A. OF INDIAN RIVER COUNTY By: By: Susan B. Adams, Chairman Title: BCC Approved Date: ATTEST: Jeffery R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 98 DONADIO & Associates, Architects, P.A. March 16, 2020 Beth Powell Asst. Director - Parks & Conservation Resources 5500 77th Street Vero Beach, FL 32967 RE: ARCHITECTURAL/ ENGINEERING PROPOSAL FOR NORTH COUNTY LIBRARY ADDITION 1001 COUNTY ROAD #512, SEBASTIAN, FLORIDA ARCHITECT'S PROJECT NO. 2019 - 44.1.2 Dear Ms. Powell, Within the content of this letter is a Proposal for Architectural/Engineering Services for the Design of a new single story 2,800sq. ft. Library Addition and Two (2) new Small Conference Rooms at the North County Library located at 1001 County Road #512, Sebastian, Florida. SCOPE OF WORK Design of a new single story 2,800sq. ft. Library Addition to be for Multi -Purpose use and Two (2) new Small Conference Rooms constructed with material similar to the existing Library; consisting of masonry bearing walls with bar joist and metal deck roof structure, low slope roof membrane system and interior Architectural, HVAC, Plumbing and Electrical systems and finishes to match that of the existing Library. Services shall be provided by Donadio and Associates Architect, P.A. pursuant to our. Continuing Consultants Engineering Services Agreement for Professional Services with Indian River County dated November 13„ 2018. The Scope of Work to be provided shall be as follows: Architectural - Preparation of Construction Documents to include the following: • Preparation of architectural construction documents consisting of floor plans, elevations, roof plans and details, life safety plan, code review, schedules, general/construction, details, notes and specifications. • Coordination with MEP, Structural, Civil Engineering and Cost Estimating Consultants. • Preparation of Schematic, Design Development, Construction Documents and Permit Revision Documents. • Preparation of all documents for site plan approval and building permit submittal. • Make application to the City of Sebastian for site plan approval and building permit approval. • Responses to site plan approval and building permit review comments. • Attend all preconstruction /design meeting as required. • Construction Administration Services shall be included. In addition provide scheduled site observations, review of Contractor's requests for information and/or clarifications, shop drawing reviews, review of change order and decisions on any claims or disputes, punch -list walk-thru with contractor and County to determine general conformity with approved plans and specifications. 99 Structural Engineering — Preparation of Construction Documents to include the following: • Coordination with Donadio & Associates, Architects, P.A. • Design and prepare the Structural Documents for permit submittal and construction to include Foundation Plans, Floor Plans, Roof Framing Plan, Sections, Details, Schedules and Specifications in short format on the plans. • Preparation of Schematic, Design Development, Construction Documents and Permit Revision Documents. • Preparation of all documents for building permits submittal. • Responses to building permit review comments. • Attendance at Pre-Construction/Design Meetings. • Complete Construction Administration Services shall be included In addition provide scheduled site observations, review of Contractor's requests for information and/or clarifications, shop drawing reviews, review of change order and decisions on any claims or disputes, punch -list walk-thru with contractor and County to determine general conformity with approved plans and specifications. Mechanical/Electrical/ Engineering — Preparation of Construction Documents to include the following: • Coordination with Donadio & Associates, Architects, P.A. • Design criteria for heating, ventilation and air conditioning (HVAC), electrical and plumbing • Construction documents and specifications for HVAC, electrical and plumbing, which include but are not limited to: floor plans, schedules, electrical and plumbing risers, electrical panels, reflected ceiling plans and details, along with Fire Sprinkler System Performance Specification. • Preparation of Schematic, Design Development, Construction Documents and Permit Revision Documents. • Florida Energy Calculations. • Preparations of all documents for building permit submittal. • Responses to building permit review comments. • Attendance at Pre-Construction/Design Meetings. • Complete Construction Administration Services shall be included In addition provide scheduled site observations, review of Contractor's requests for information and/or clarifications, shop drawing reviews, review of change order and decisions on any claims or disputes, punch -list walk-thru with contractor and County to determine general conformity with approved plans and specifications. Civil Engineering — Preparation of Construction Documents to include the following: • Coordination with Donadio & Associates, Architects, P.A. • Project coordination with the following regulatory agencies: o City of Sebastian (COS) o Indian River County (IRC) o St. John's River Water Management District (SJRWMD) • Project coordination and review of the required boundary, project specific topographic and tree survey as provided by the County. It is also understood that the necessary hard copies (signed . and sealed) will be provided by the County as needed to support the permit agencies application submissions. • Coordination with project Architect for Base plan coordination on project building area and addition. 100 • Attendance to (3) project team meetings with project architect and / or County during Design. • Development of Traffic Statement for project (to be noted on Site Plan). Does not include formal traffic study. • Preliminary meeting (Pre -Application Conference) with the COS Planning Department. • Coordination with SJRWMD for stormwater permitting. • ; Design of the minor paving and drainage systems to incorporate the new additions. • Development of the on-site drainage calculation reflecting on-site modeling only. Base contract does not include re -modeling of the Sebastian Lakes PUD Master Stormwater system. However, should this level of drainage analysis be required, the fee for this additional scope has been provided below in Additional Services • Preparation of the site construction drawings. • Preparation of a code compliant landscape plan to incorporate in -fill landscaping as required for the specific additions. • Preparation of the following permit applications: o City of Sebastian (COS) Pre -Application Conference o COS PUD Major Site Plan Modification o COS Land Clearing o COS Tree Removal o IRC Concurrency o IRC Fire Review o SJRWMD Letter Exemption • Attendance at the COS Planning & Zoning Commission meeting. • Attendance at the COS City Council meeting. • Construction Administration & Certifications to be provided by the County. Architectural/Engineering Basic Services and Additional Services Fees shall be broken down as stated below. The Basic Services Fees shall include Basic Services for Architectural, Structural, Mechanical, Electrical and Plumbing Services. I. BASIC SERVICES: Architectural Services ....$ 36,450.00 Structural Engineering $ 4,275.00 MEP Engineering $ 2,850.00 Fire Sprinkler Performance Specification $ 1,375.00 TOTAL $44,950.00 Reimbursable Expenses $15,000.00 Additional Services Fees shall include Additional Services for Civil Engineering, Cost Consulting Services, Geotechnical Testing and Report and Site Lighting and Photometrics. II. ADDITIONAL SERVICES: A. Civil Engineering: 1. On -Site Civil Design/Permitting. $ 17,500.00 2. Sebastian Lakes PUD Master Stormwater Tract Drainage Modeling ....$ 4,500.00 (only if required) Construction Cost Consulting Services: 1. 100% Schematic Design Construction Budget 2. 50% Construction Documents Construction Budget Geotechnical Testing Site Lighting and Photometrics B. C. D. $ 2,175.00 .$ 1,475.00 .$ 1,825.00 $ 1,045.00 (only if required) 101 This proposal is based upon the provision of the following Scope of Services: SCHEMATIC DESIGN PHASE The Architect shall assist the County in establishing the program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with. the County. Based on this understanding the Architect shall prepare Schematic Design Documents consisting of drawings and outline specifications DESIGN DEVELOPMENT PHASE Based on the approved Schematic Design Documents and any adjustments authorized by the County in the program schedule or construction budget, the Architect shall prepare, for approval by the County, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the project as to Architectural, Structural, Mechanical and Electrical systems, materials and such other elements as may be appropriate. CONSTRUCTION DOCUMENTS PHASE Based on the approved Design Development Documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the County, the Architect shall prepare, for approval by the County, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. BIDDING AND NEGOTIATION PHASE The County's Contractor shall procure Bids for the Construction of the Project and the Architect shall assist the Contractor in the clarification of any Bid Requests for Information during the Bidding process. CONSTRUCTION ADMINISTRATION PHASE OF THE CONSTRUCTION CONTRACT The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the contract for construction and terminates at the issuance to the County of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work, whichever comes first. The Architect shall provide periodic Site Observations, Review of Contractor's Applications for Payment, Contractors request for information and/or clarifications, Shop Drawing Reviews, Review of Change Order and decisions on any claims or disputes, Punch -List Walk-Thru with Client and Contractor to determine general conformity with approved plans and specifications. PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above. The Fee Payment Schedule shall be as follows: Schematic Design Phase 15% Design Development Phase 20% Construction Document Phase 40% Bidding 5% Construction Administration 20% TOTAL 100% 102 Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect, in the interest of the project. Such expenses include, but are not necessarily limited to the cost of reproduction of drawing and specifications, including progress sets, postage, long-distance communication and facsimiles, photographs, travel and mileage, and the following permit application fees: o City of Sebastian (COS) Pre -Application Conference o COS PUD Major Site Plan Modification o COS Land Clearing o COS Tree Removal o IRC Concurrency o IRC Fire Review o SJRWMD Letter Exemption o City of Sebastian Building Department Plan Review Fee. o IRC Fire Plans Review FEE Reimbursable expenses will be billed at actual cost. Estimated Cost of Reimbursable Expenses is a maximum not to exceed amount of Fifteen Thousand Dollars ($15,000.00). B. Progress billings will be made monthly based upon the percentage of completion of each phase of the project as of the date of the invoice. Payment is due upon receipt of the invoice. Invoices not paid within thirty (30) days of invoice date will be subject to a finance charge of one and one-half percent (1.5%) per month. C. Should the scope of the project change substantially, the fee will be altered accordingly, based upon County approval. Such work will be billed at the hourly rates specified below, for the time involved. No additional work will be initiated without County written authorization. D. Donadio & Associates, Architects, P.A. Standard Hourly Billing Rates are as follows: Principal $200.00 Senior Project Manager $175.00 Project Manager $135.00 CADD Manager $135.00 CADD Technician I $100.00 CADD Technician II $ 90.00 CADD Technician III $ 85.00 Office Manager $ 85.00 Administrative Assistant $ 65.00 Receptionist $ 60.00 Technical Support $ 55.00 MEP Engineering Standard Hourly Billing Rates are as follows: $75.00 / Hr. - Clerical $85.00 / Hr. - CADD $95.00 / Hr. - Designer $110.00 / Hr. — Engineering / Field Technician $125.00 / Hr. — Project Manager $225.00 / Hr. — Principals 103 Civil Engineering Standard Hourly Billing Rates Principal Expert Witness Sr. Engineer II Sr. Engineer I Jr. Engineer Sr. Technician Jr. Technician Inspector Administrative II Administrative I are as follows: $200 Per Hour $300 Per Hour $175 Per Hour $150 Per Hour $130 Per Hour $115 Per Hour $ 90 Per Hour $115 Per Hour $ 80 Per Hour $ 60 Per Hour E. If the project is abandoned or terminated before completion, County will be invoiced for the services performed, together with the reimbursable expenses incurred, as of the date of termination. F. Should any questions arise regarding an invoice or any portion thereof, this office should be contacted immediately. Payment for the amount in question may be withheld. However, timely payment of the balance is required. G. Payment for services performed is in no way based upon the receipt of regulatory approvals or project financing. H. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. GENERAL A. Illustrative renderings or models are not part of the Basic Services. B. Landscape and Irrigation Design and Drawings, Material Testing, Re -modeling of the Sebastian Lakes PUD Master Stormwater System, Design of off-site Roadway and Utility improvements, Construction Administration & Certifications to be provided by the County, Emergency Generator Design And Drawings, Environmental Surveys, Topographical Surveys to be provided by County, As - Built Drawings, Re -Zoning, Full Time on Site Representation, Site Plan Application Fees, Building Permit Application Fees, and any other Application Fees for Agency approvals are not part of the Basic Services. C. All drawings, specifications and other documents prepared for this project are for use solely with this project and unless otherwise provided Donadio & Associates, Architects, P.A. are the author and County and retain all lawful copyrights to such documents. 104 This Proposal letter outlines our Architectural/Engineering Scope of Services. Should this arrangement be acceptable to you, please sign and return one (1) copy to our Office If you have any questions or wish to discuss this proposal, please feel free to contact our Office. Thank you for this opportunity to work with you on this very exciting project. Very truly yours, 4:4144.1 J. N24,4440 Anthony J. Donadio, A.I.A., NCARB President 105 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services • CONSENT AGENDA BCC Meeting April 7, 2020 Date: March 24, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin M. Kirwin, Director, Indian River County Parks and Conservation Resources Subject: Jones Pier Residences Repairs Final Payment and Release of Retainage DESCRIPTION AND CONDITIONS: On July 2, 2019, the Board of County Commissioners awarded Bid No. 2019058 to Summit Construction of Vero Beach, LLC in the amount of $94,446 for repairs to the Jones Pier Residences at 7770 and 7790 Jungle Trail which sustained water damaged due to extensive flooding associated with Hurricane Matthew in October 2016. Both structures were impacted by the standing floodwaters which damaged floors, doors, cabinets, electrical wiring, plumbing and other elements of the houses requiring repairs. FUNDING: Under the Federal Emergency Management. Agency's (FEMA) Public Assistance Program, the County applied for and received a subgrant obligation of $87,310.13 for the Jones Pier Residences Repair Project. Funding for Payment No. 3 for the release of retainage in the amount of $9,444.60 is available in account number 001-206000-17001, General Fund/Retainage - Summit Construction. RECOMMENDATION: Staff respectfully recommends approval for the payment of Application No: 3 as final payment and release of retainage in the amount of $9,444.60 to Summit Construction of Vero Beach, LLC. APPROVED AGENDA ITEM FOR APRIL 7, 2020 106 Distribution t ❑ ❑ ❑ ❑ ❑ w 0 0 w O LLI 11-1 0 ,. re 00 W 0, 0 01 .c4 14 w; 0 E✓ M -t W PNA .7 CJ O ul gen i` 0 ^O +-+ w as )�> 4.0 E ct CD 6� w ® alC V>., . O a F. rn °o: v 1.3� � .• 0 •" O ca pl Q V tr. CONTF 0 n O CONTRACT DATE: VIA ARCHITECT: PROJECT NOS: 0 W E., V p.... ?0U H� V Ca W ' w ZU 6 6) . N0 0•:LC.0 E Q o W �� 50 N Qp-- --. E0 (4 - 00 0 o C t3 E 1-) 4) 4. °30 O °) •_ L 4))• 12 ��E O C�, O N QU> a °) m o .0 N H EN.O.N. O b N U a9., =Ego.. oar 40 co .0 .0 C e•=`4) 2;23 c rs .. Ca. = 2 E N >,,5wE 0�44w4) O% m N C o°)E23 L. O U V L O Q4: U-LiA t-. 3 C.) 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L C 0, N 0 O.0 O r 4) U v0 E+ e-8 00 V 0 W 0 0 0 69 a O 69 c 0 0 69 z 0 0 O O 0 69 O O O O 0 0 69 O O 0 69 0 NET CHANGES by Change Order J - 'd VD•. .7.1ra� TE¢ •Qm0 - 0 ayc c'?, m t) 0w o E Ema o ,0 e=1- as0 St N. m to z � c E Z 00 a0 r N o m r 0 S°•Q FS a N L co 1? ma e_ or t� N 0m 0. V Ta QEr a 0 m= m mcg C • U � N O C moo <6i 0 O m r c ,-• .0E E os 0 0 010 0 ci< tea_ m 1,00 m0i O .0 i es ,Timm co -0 c' a . ca o m. a O 0) m ® o€'' 0. ON m Q c° ori o A N C.0 cn •a F m s A E To - (a. r_ m C p fll E E -61 u d o O m o--�2 acoag 0 w N o- f:* a 0 0 0 c'1 O Mo N est 0 ,N c� a•th (Instructions on reverse side) AIA DOCUMENT G703 CONTINUATION SHEET toe E-7 0 .Z y 0 O'C f3 u t06 to q C U''0 0 0 o. 7. u : u N zEi ay . v U F 0 t "CI vi C o a y E t6 O O a�0 u o 04 �, c o S. O N °� O. 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Q 00 CI 00 N Q0wCi10 OO'O0'.ON b0 Nb 0ODVOd1-n GO 00 M CA•VJ. ..• V.... * 00 'GO * [t• *N 0 0 • D 00 C4 1N w MATERIALS PRESENTLY STORED (NOT IN OR E) C1000•0 00000 00-00 000000 GCA0.0 O0Q00 Q0Op, 000000 00000 00000 0000 00006C; 0 C 0 S=S WORK COMPLETED THIS PERIOD 00000 00000 0000 . 000000 00000 00000 000.0. 00 03000 0 0 0 0 0 0.0000 0 00-00 000000 0 O 0 0 FROM PREVIOUS APPLICATION (D + E) 00000 00 0 0 0 C.O.0 0 O 0 O'0 0.0 0. .9.0. OOOO Q 000 0. 00000, O 00 0' 0 0 '0 N O CJ 0 Ci CI 0 00 0 00 'N 00 N O t`• .00 t 0 N N N C.- c'0'.0 N mr, .-+ CT C, C7� --'.000c4 ^ 07�DO\Da 0O^N\O .DGO:'00,d�'n 00 00 rs.en GO -.v) - = 00 00 - .ti - N N O 0 NO N GO 0. a Qa •Z>00 V w 00000 .O'O00 00000 .O 0 0 ;0 0 0 0.0.0_0.0. O O 0 O 000000 O;et'00.00 0 ON ',00N0 60000-N00C1 0 r. 0�0r 0 -r N AN N N N 0 0 N mr -.0.\.N n 0 00 '0 O ?O '. �O Cl ND• \O 00 AP: 0. 1 Vl 00 (+'. M 00 ... Yj .-:'C .- 00 G0 ^^ d' ..-. fV N 92,,826.00 w DESCRIPTION OF WORK c tiN . �h' 16 1.3 a m ` .. - C g+ 03 Lan t 9. 0 0 c .. - Ad ~D .- § ''t'. , Goa 0 v yI i. _ 1:1743114 c c0. 0.E g N O.A a.�i ig '''7? a.(Srl ) - 46 Ems.,„ a 6.41 0 h .n a. 6 v G� a, 6, %! id u v o 3 o n u cm a E c n 7. . 0,.y .. -0.. �; C) .- a -�„ '� 0 ,0 r /� ted/ S.'. c �N/ = �c �M/ .N Q 4: U r", r, 04 IM .,.. 4: U ts` ;C i� J ,� t. G g ._. g 1r W 4 V. 4 ` O 04 c �c ce .0 co 0 FZ ty ,, •-•• v-iN f' `.-. r � c• � C ./� , .1 00000 00000 0000 000.0 O0 .-. .-. -- •- N Cl Cl N N M M M M 5Y Q• -1- NI. .tr n; • 0 Ou za Ts - d N zm 3 .27 ts7 q o I- . 0) 6 Ts fll Om . o z p E N C O¢ < ttl St N N Z y` Oo N zJ zQ 02 vg .iI 72 � 0 0.2 <w << C PERIOD TO: O [z. O • v, .ON, Ca V V 0 F d 0 O' C Q O V 4 m • O U 0 A 0. 4 z ca 2 w 04 O =:.c w o• C ,� •.• • w C1 u o ^ v Q .O z.z. o , in Z = :° `> h H V m �ba a.4a1 g C.0 LL • O V c8OO u a0 V c0 z:a .0 9 0 •UC [ g.60o cj C. ca 7 A • ' U 0 a CONTINUATION SHEET N t 0 ri 0 c P a O if - 11 1••1 C 6 E E c Z c 6 t 3 c c c E m aca D i O v 7 0 to zEo Q. o 0 ri o cc 0M I^. 0 3 o c 1,5 u V m.� m 0 z 7 ce Z 0 0 To �` C lc . o Z o t E• 0 Q • 0 Cf 14 =c. y L 0 0 C ~> 0 .s c c e 'o 0 !C Z o Oo S. 133 Ti .....1 �C r amu. 0 •c .0 ro =. t n(7. 2 coz .c oz OQ c M.3 0 7 N 0 NN 0 Z u+ a O o . <N a Tiz ti c Z`SVI v • C W 0 v_ 0 0 .z t N a a -s O 'n41, 11*.170 0.4 RETAINAGE (IF VAARIA' LE) RAT O 0 O u O <? BALANCE'. TO FINISH (C- G) 0 0 4 O O= :U o 4. C9 ,oC 0 c 0 TOTAL, COMPLETED AND STORED TO DATE (D+E+F) 0 o A o b 'I:, a` MATERIALS PRESENTLY STORED (NOT. IN D OR E) O oo O . 0 WORK COMPLETED THIS PERIOD 0 . 0 FROM PREVIOUS APPLICATION (D + E); o 94,4461:00 U SCHEDULED VALUE 0 9 O . 0) OG1. DESCRIPTION OF WORK G CO 0. ad 'Q tu esu Grand Total Q w0 t- Z C a N t 0 ri 0 c P a O if - 11 1••1 C 6 E E c Z c 6 t 3 c c c E m aca D i O v 7 0 to zEo Q. o 0 ri o cc 0M I^. 0 3 o c 1,5 u V m.� m 0 z 7 ce Z 0 0 To �` C lc . o Z o t E• 0 Q • 0 Cf 14 =c. y L 0 0 C ~> 0 .s c c e 'o 0 !C Z o Oo S. 133 Ti .....1 �C r amu. 0 •c .0 ro =. t n(7. 2 coz .c oz OQ c M.3 0 7 N 0 NN 0 Z u+ a O o . <N a Tiz ti c Z`SVI v • C W 0 v_ 0 0 .z t N a a -s O 'n41, 11*.170 0.4 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division CONSENT AGENDA BCC Meeting April 7, 2020 Date: To: April 7, 2020 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Kevin Kirwin, Director, Parks and Conservation Resources Subject: Work Order Number 3 — Continuing Engineering Services RFP 2018008 — Coastal Waterways Design and Engineering, LLC - Permitting and Design for a Dune Crossover Replacement at Seagrape Trail Beach Access BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Coastal Waterways Design and Engineering LLC. This award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Because the estimated cost of construction of the new crossover is under the maximum threshold, the project is eligible for design under the continuing services agreement. During the overnight hours of February 21, 2020, high surf, strong winds from the east and higher than average tides caused extensive damage to the dune crossover at Seagrape Trail Beach Access Park. The damage was inspected and deemed not repairable and it was determined that the descending stairwell and pilings will need to be designed, permitted and replaced. Staff's intention is to reconfigure the stairwell of the crossover so that it will be able to better sustain future storm events. The Seagrape Trail Beach Access is in Sector 3 which is scheduled for a beach and dune nourishment project starting in November 2020. The dune crossover project will be take into consideration the projected dune and beach profiles as the result of the nourishment project. The Seagrape Trail Beach Access is located at 8462 Highway A1A. Work Order Number 3, under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008, would provide. for Design, Permitting. and Construction Administration Services to be conducted by Coastal Waterways Design and Engineering LLC. The total amount of this work order is $19,950. The estimated permitting application fees of $1,200.00 will be submitted directly by the County and are not included in the Work Order Number 3 agreement. FUNDING: Funding in the amount of $21,150 will be provided by a Budget Amendment from MSTU/Reserve for Contingency to MSTU/Beach Parks/Seagrape Trail Boardwalk, Account Number 00411672- 066390-20025. 110 RECOMMENDATION: Staff respectfully request the Board's acceptance of Work Order Number 3, Permitting and Design for a dune crossover replacement at Seagrape Trail Beach Access with Coastal Waterways Design and Engineering, LLC., and authorize the Chair to execute. ATTACHMENT: 1) Work Order Number 3 — Continuing Engineering Services RFP 2018008 - Design for a Dune Crossover Replacement at Seagrape Trail Beach Access 2) Summary of Fees Based on Hourly Rates DISTRIBUTION: Coastal Waterways Design and Engineering, LLC IRC Public Works, Coastal Engineering APPROVED AGENDA ITEM FOR April 7, 2020 111 WORK ORDER 3 Dune Crossover Replacement at the Sea Grape Trail Beach Access Coastal Engineering Services This Work Order Number _ is entered into as of this day of 2020, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 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 Coastal Waterways Design & Engineering LLC ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A — SCOPE OF WORK Dune Crossover Replacement at the Sea Grape Trail Beach Access The County seeks to replace the dune crossover access to the beach at Sea Grape Trail Park that would be positioned on the site to minimize damage of the new structure and seek to minimize associated disruption of service to park goers, or to be designed to minimize storm related damage so that the structure can be made operational in an efficient and timely manner. This proposal is to design and seek state and local permits and to provide construction administration services for a Sea Grape Trail dune crossover structure to replace the existing damaged structure. The objective of this design is to provide a new structure that is more resistant to storm damage through repositioning the new crossover or by design, or a combination of both. The requested professional coastal engineering and environmental services are limited to Permitting, Design and Construction Administration Services for replacement of the Sea Grape Trail Dune Crossover structure: 112 Task la — FDEP Permit/Indian River Shores Pre -application Conference and Conceptual Design CONSULTANT will conduct by telephone a pre -application meeting with the Department of Environmental Protection (DEP) staff and conduct a pre -application meeting with Town of Indian River Shores Building Department staff, as necessary, to discuss the conceptual plan for beach access. CONSULTANT will prepare conceptual design drawings to use during the discussions of the project with FDEP and Town staff. CONSULTANT shall prepare minutes of the pre -application conferences. CONSULTANT will obtain beach profile data from Indian River County and the Florida Department of Environmental Protection (FDEP). This will form the basis for the CONSULTANT conceptual design that will be utilized in preparation of the permit sketches. CONSULTANT will prepare a conceptual design for a dune crossover structure consistent with existing FDEP and Indian River County rules and codes. CONSULTANT will prepare a plan drawing, a cross-sectional drawing, and an opinion of probable initial construction costs. CONSULTANT will meet with the COUNTY staff to present the conceptual design. At this meeting, the COUNTY will approve the conceptual design or identify a conceptual design to be the basis of preliminary and final design. Task ib — Survey A topographic survey of the existing conditions is required by the Town and the DEP. CONSULTANT will obtain a topographic survey of the beach and dune that meets the DEP requirements and provides a basis for the cross-section design template for permitting and construction documents. CONSULTANT professional land surveying sub consultant will perform a topographic survey of the Project area including establishment of a baseline. The survey will; define park features including parking, buildings, amenities, define the upland and seaward extent of dune vegetation; identify the top of dune, toe of dune, and crest width of the dune. The survey will consist of at least one beach profile as required by FDEP Permit Rules, including elevations recorded at least every 25 feet on center and at any break in slope. The profiles shall extend from the approximate landward toe of dune, or approximately 20 feet landward of the seaward dune crest, to the zero - contour line. Plan view and cross-sectional drawings of the survey results will be prepared by CONSULTANT which shall serve as the basis of design and' permitting for the Project. CONSULTANT shall subcontract a portion of this work to a registered Florida licensed surveyor. 113 Task 2 — Preliminary and Final Design CONSULTANT will prepare preliminary and final design drawings for the proposed project that will consist of a dune crossover structure meeting the design criteria established in the conceptual design task of this scope of work. For each phase, CONSULTANT will provide an opinion of probable costs and meet with the COUNTY to review the design. Final design shall include signed and sealed construction plans and specifications suitable for bidding and construction of the project. CONSULTANT will prepare a preliminary design to be submitted with the permit application and subsequently used to prepare 24" x 36" construction drawings for bidding purposes. The preliminary design will utilize the conceptual design sketches and will be updated with information from the pre -application meeting and our meeting with the COUNTY. Final design drawing updates will be completed after receipt of the permit, as necessary, and shall include signed and sealed construction plans and specifications. For each phase, CONSULTANT will provide an updated opinion of probable costs and meet with the COUNTY to review the design. Task 3a - DEP Permit Application Based on the results of the pre -application conference with FDEP staff and on the preliminary design, CONSULTANT will prepare a formal application for a FDEP permit for the dune crossover structure. To fulfill DEP requirements, the COUNTY will provide to CONSULTANT: 1) a copy of the Warranty Deed for the project property; 2) a signed "Certificate of Owner's Authorization"; and 3) the required FDEP permit application fee. (estimated at $1,000) Task 3b — Town of Indian River Shores Approval Application CONSULTANT will complete the necessary Town of Indian River Shores Approval Application and submit to the Town for permit approval in accordance with Town Land Development Code Section 91.17. - Construction specifications for dune crossovers; approval. CONSULTANT shall complete the necessary Town Approval Application Forms including providing the required number of plans, a project description, One (1) aerial of site with project overlaid showing surrounding 100 feet, One (1) Copy of the Owner's Deed, Letter of Authorization from Property Owner if owner is not applicant, CONSULTANT shall provide evidence of compliance with Town of Indian River Shores Dune Vegetation regulations and apply for necessary vegetation alteration permits. In general, COASTALWATERWAYS shall include a survey of the construction area, including a plan view, 114 Aerial photograph, detailed description of the proposed re -vegetation and maintenance plan, including vegetation species, planting schedule, and maintenance schedule. The County shall pay any application fee (estimated $200 Application Fee). Task 3c — DEP Permit and Town Approval Processing CONSULTANT will represent the project before DEP and Town permit review staff towards obtaining permits for the work consistent with the design approved by the COUNTY in Task 2. CONSULTANT will contact FDEP and Town staff to address staff questions and concerns and to expedite their review and processing of the permit application. CONSULTANT will confer with the COUNTY as to (a) interpretation of FDEP and Town rules and regulations, and (b) responses to any FDEP and Town staff requests for additional information. CONSULTANT will provide written responses to DEP and Town staff to address staff requests for additional information. CONSULTANT will represent the project before FDEP and Town staff toward securing approval of permits for the project. Additional surveys, studies or analysis not identified may be required by the agencies. These surveys/studies/analysis are beyond the scope of this work. Upon request by the FDEP for additional surveys/studies/analysis, CONSULTANT will submit a separate proposal requesting the COUNTY's authorization for these additional services. Task 4 - Construction Administration Services CONSULTANT will assist the COUNTY with answers to potential bidders questions and assist the COUNTY with issuance of one (1) addendum if necessary. CONSULTANT will assist the COUNTY Representative in bidding and negotiating a construction agreement. CONSULTANT will assist the County with providing Building Permit processing assistance to the County selected Contractor. This assistance is limited to CONSULTANT providing a response to Building Code Official comments that are specifically related to the CONSULTANT design documents submitted for Building Department review. Specifically, the work by. CONSULTANT will include the Building Department's engineered drawing requirements. Work by CONSULTANT will not include preparation and submittal of a Building Permit Application. CONSULTANT will conduct an on-site pre -construction meeting with the COUNTY Representative and the selected contractor. CONSULTANT will review shop drawings and up to two (2) change orders if necessary. CONSULTANT will make up to five (5) daily site observation, additional daily site observations will be negotiated at our hourly rates if deemed necessary. Daily site observations shall include identifying that the Contractor is performing the scope of work in accordance with the plans, specifications and permits. In addition, CONSULTANT will make a final site observation and submit a certification to the regulatory agencies to identify conformance of the project to the specifications, plans and permit. 115 The COUNTY will provide all permit application fees, publishing fees, and additional surveys and testing reports required by the FDEP and any associated agencies. Additional surveys, studies or analyses may be required by the agencies. These surveys, studies, or analyses are beyond the scope of this work but may be provided by CONSULTANT under separate authorization. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 116 EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement, fees inclusive of expenses in accordance with the following (see NOTE below): A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Design, Permitting and Construction Administration Services $ 19,950.00 Project Total $ 19,950.00 NOTE: The above professional fees do not include required permit application fees for permits to be obtained by CONSULTANT, to be paid by the County; total estimated permit application fees $1,200.00. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 117 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, permit application and preliminary design documents are expected to take approximately fifteen weeks (15) weeks from the Notice to Proceed (NTP). DEP Permit and Town Approval Processing is dependent upon agency review timing. Construction Administration Services schedule is dependent upon County contract bidding and negotiation timing (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 118 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY COASTAL WATERWAYS DESIGN & ENGINEERING LLC By: By: Stephen W. Boehning, P.E., CFM Susan Adams, Chairman Title: President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 119 IMMO MIN s- 1 - O. 1- O. RS as N . O = O G • cD O N (13 N m co A.62 O • (13 EE Y O W • O ) O O) fA Direct Costs 0 O 0. .6 N 0) u l0 v m N Z a 3.) M N (A N t4 N O w • LL M O c .L3 ' m v U (00 fA tf) 3 2 O N co Y7 M N CAN m N O O d9 0) N O O 0) (14 fA c c c Nm O co.) N O O c Z.; Cr) N co tcrA W m O. o U 0) co M O O L9 CONSENT AGENDA BCC Meeting April 7, 2020 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division Date: To: Through: From: Subject; March 23, 2020 The Honorable Board of County Commissioners Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin M. Kirwin, Director, Parks and Conservation Resources Approval of First Extension and an Amendment to the Agreement for Contract Services for Beach Parks Maintenance - Janitorial Services BACKGROUND On May 1, 2018, the Board of County Commissioners awarded RFP 2018044 for Contracted Beach Park Services. The awards were for two years with options for two optional one year extensions. CER Signature Cleaning LLC, was awarded the contract for janitorial maintenance of our beach parks. The annual current contract sum for CER Signature Cleaning LLC services is $63,000. Parks and Conservation Resources is satisfied with the services provided by CER Signature Cleaning LLC and is requesting the authorization to execute the optional one year extension of contract and amend the contract to add two locations to the current contract. Added would be the servicing of the restrooms and unlocking the gates at The Captain Forster Preserve and the Pelican Island National Refuge. The amended and extended contract amount would be for $71,232. FUNDING Funding for the CER Signature Cleaning LLC is budgeted under in General Fund/Parks/Janitorial Services Account # 00121072-033410. RECOMMENDATION Staff requests the Board of County Commissioners accept the first extension and amendment to the agreement and authorize the Chairman to execute them after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS CER Signature Cleaning LLC Contract APPROVED AGENDA ITEM FOR APRIL 7, 2020 121 Y/12 FIRST EXTENSION AND AMENDMENT TO THE AGREEMENT FOR CONTRACTED BEACH SERVICES — JANITORIAL MAINTENANCE This First Extension ("First Extension") to that certain Agreement to provide Janitorial Maintenance Services is entered into effective as of by and between Indian River County, a political subdivision of the State of Florida ("County") and CER Signature Cleaning LLC ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractorentered into an Agreement for Janitorial Maintenance Services effective May 1, 2018 ("Agreement"); and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of May 1, 2018 and will end on April 30, 2020; and WHEREAS, the first extension will be effective as of May 1, 2020 and will end on April 30, 2021; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, additional park facilities have been identified to require the services, and Contractor has provided acceptable pricing to perform the work. The following facilities are added to the scope of work, with the same requirements and expectations as the original scope: Captain Forster Preserve and the Pelican Island National Refuge. The amended and extended contract amount will be for $71,232; NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. This First Extension shall commence effective May 1, 2020 and shall end on April 30, 2021. 3. The scope of services under the Agreement are expended to include Captain Forster Preserve and the Pelican Island National Refuge. 4. The contract sum set forth in section 4.1B of the Agreement shall be amended to $71,232. 5. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 122 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. CER Signature Cleaning LLC INDIAN RIVER COUNTY, FLORIDA / BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Title: (Corporate Seal) Susan Adams, Chairman Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By:. Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney 123 ?N' Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Michael C. Zito, Assistant County Administrator DATE: March 31, 2020 SUBJECT: Memorandum of Understanding with Teamsters Local 769 Regarding Coronavirus Disease Background: On March 17, 2020, Indian River County declared a local state of emergency in response to the Novel Coronavirus Disease 2019 crisis ("COVID-19") with said declaration being affirmed and continued on March 24, and again on March 31, 2020. In response to recently adopted federal legislation titled Families First Coronavirus Response Act (the "Act'), the County and Teamsters Union desire to clarify the impact to the current Collective Bargaining Agreement ("CBA") through a Memorandum of Understanding ("M.O.U."). The Act requires certain employers including Indian River County to provide their employees with up to 80 hours of additional paid sick leave for specified reasons related to COVID-19 available from April 1, 2020 through December 31, 2020 ("CV Sick Leave"). The Act, in addition to mandating up to 80 hours of CV Sick Leave, requires expanded family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their equivalent rate of pay ("Expanded Family Leave"). Analysis: Section 9.4 of the CBA requires the County to provide additional compensation to employees who are required to work when employees are released from duty with pay during a County declared emergency. The parties agree that strict compliance with the letter of the CBA, which originated in response to several weather related disasters, could produce unintended burdens on either the County or the Union when applied to the extenuating duration of the COVID-19 crisis. Therefore, 124 in recognition of the contributions made by employees who are assigned to continue working to provide services to the community during the COVID-19 crisis, and in contemplation of the obligations set forth in the CBA, the County is providing a benefit beyond what the Act requires by converting any unused CV Sick Leave balance to deferred vacation leave. The County will establish a separate bank of leave to isolate the CV Sick Leave benefits required by the Act which shall not affect the employees existing or future regular leave accruals or related administrative polices. The County will convert any remaining leave from the 80 hours of paid CV Sick Leave required by the Act to each employee's vacation balance effective on the first pay period following the expiration of benefits required by the Act which is currently December 31, 2020 unless extended by the federal government. This benefit will be uniformly extended to all eligible general County employees. At a later date, the County Administrator intends to recommend a similar benefit and M.O.U. to the IAFF bargaining unit, the details of which will be more uniquely tailored to their CBA and the time and attendance requirements of our first responders under the County's Declaration of Emergency. FUNDING: Although difficult to predict the direct budgetary impact at this time, a loss in staff time is anticipated as a result of the CV. Sick Leave allowance and possible carryover. This loss in staff time could warrant the need for additional overtime coverage which will be handled via budget amendment, where necessary. Annual salaries for the current fiscal year are budgeted and fully funded. RECOMENDATON: Staff recommends the Board approve the Memorandum of Understanding, extend the benefits described therein to the County's general employees, and authorize the Chair to sign. Attachments: Memorandum of Understanding Explanation of the Act to Employees Memo Department of Labor Employee Rights Poster APPROVED AGENDA ITEM FOR APRIL 7, 2020 125 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into this 7th day of April, 2020 by and between Teamsters Local Union No. 769, Inc., a Florida not-for-profit corporation (the "Union") and Indian River County (the "County'). WHEREAS, effective October 1, 2019 the Union and County entered into the current Collective Bargaining Agreement ("CBA") which remains operative through September 30, 2022; and WHEREAS, on March 1, 2020 the Governor of the State of Florida issued Executive Order Number 20- 51 directing the Florida Department of Health to issue a Public Health Emergency due to the Novel Coronavirus Disease 2019 ("COVID-19"); and WHEREAS, on March 9, 2020 the Governor issued Executive Order 20-52 declaring a state of emergency for the entire state of Florida as a result of COVID-19; and WHEREAS, on March 17, 2020 Indian River County declared a local state of emergency in response to the COVID-19 crisis with said declaration being affirmed and continued on March 24, and again on March 31, 2020; and WHEREAS, recently adopted federal legislation titled Families First Coronavirus Response Act (the "Act") requires certain employers including Indian River County to provide their. employees with up to 80 hours of paid sick leave for specified reasons related to COVID-19 available from April 1, 2020 through December 31, 2020 ("CV Sick Leave"); and WHEREAS, The Act, in addition to mandating up to 80 hours of CV Sick Leave, requires expanded family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their equivalent rate of pay ("Expanded Family Leave"); and WHEREAS, Section 9.4 of the CBA requires the County to equalize the compensable hours due employees who are required to work and those employees who are released from duty with pay during a County declared emergency; and WHEREAS, in recognition of the contributions made by employees who are assigned to continue working to provide services to the community during the COVID-19 crisis, the County is providing a benefit beyond what the Act requires by converting any unused CV Sick Leave balance to vacation leave on December 31, 2020; and Now therefore, the Union and County Agree as follows: Section 1. The aforementioned whereas clauses are incorporated herein and given full force and effect. Section 2. The County and the Union agree that that the CV Sick Leave and Expanded Family leave required by the Act are applicable to Indian River County and that all benefits contemplated by the Act expire on December 31, 2020. 126 Section 3. The County will establish a separate bank of leave to isolate the CV Sick Leave benefits required by the Act which shall not affect the employees existing or future regular leave accruals or related administrative polices. On December 31, 2020, the County will convert any remaining leave from the 80 hours of paid CV Sick Leave required by the Act to each employee's vacation balance the first pay period in January 2021 (the "Conversion Date"). In the event the Act is amended to extend the current expiration date of December 31, 2020, the Conversion Date shall be extended to the first pay period following the amended expiration date required by the Act. Any request for conversion of CV Sick Leave prior to the Conversion Date shall be denied. To the extent an employee has not used all of the employee's vacation balance converted from CV Sick Leave by December 31,2021, the County will allow the employee to carry over up to 40 hours above the vacation accrual maximum during the first pay period in January 2022, to be used by December 31, 2022. The vacation maximums will return to the established vacation carryover maximums as reflected in the CBA in effect on December 31, 2022. Section 4. The County's conversion of CV Sick Leave to vacation leave does not apply or extend to the Expanded Family Leave required by the Act and shall be expressly limited to the unused CV Sick Leave balance required by the Act. Section 5. The Expanded Family Leave and CV Sick Leave provisions of the Act related to child care are not applicable to the provisions of Section 9.4 of the CBA. Section 6. The County and the Union agree that upon separation of employment, employees are not entitled to reimbursement for unused CV Sick Leave upon termination, resignation, retirement, or other separation from employment prior to the Conversion Date. Section 7. The Union acknowledges that the County's compliance with and supplement to the benefits required by the Act and described herein are fully compliant with the terms of the CBA. The Union acknowledges that the County's compliance with the Act and paid leave benefits provided to include the sick leave conversion does not trigger additional compensation pursuant to Article 9.4 under the County's Declaration of Emergency related to COVID-19. Section 8. The Union and County agree that this Memorandum of Agreement shall not be binding on, used as precedent, or relied upon in future instances. INDIAN RIVER COUNTY, FLORIDA TEAMSTERS LOCAL NO. 769 By: Susan Adams, Chairman Indian River County Board of County Commissioners ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Steve Meyers, Business Agent 127 By: Deputy Clerk Approved:. Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 128 Families First Coronavirus Response Act (FFCRA or Act) Paid Sick Leave and Expanded FMLA Notice to'lndian River County BOCC Employees The United States Government has approved the Families First Coronavirus Response Act (FFCRA or Act) which requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID- 19. These provisions will apply from the effective date, April 1, 2020 through December 31, 2020. The benefits are not retroactive. Attached is the required notice from the Department of Labor. Indian River County is complying with these expanded benefits and providing an additional benefit. A summary of the required leave benefits, additional benefits the County is providing beyond the FFCRA, and information concerning the County's commitment to provide the continuation of critical services is also provided below. 1) Paid Sick Leave (in addition to current sick leave benefits) Generally, the Act provides that covered employers must provide to all employees: • 80 hours of paid sick leave (prorated for part-time employees) at the employee's regular rate of pay where the employee is unable to work (or telework) because the employee is quarantined (pursuant to Federal, State, or local government order or advice of a health care provider), and/or experiencing COVID-19 symptoms and seeking a medical diagnosis; or • 80 hours of paid sick leave (prorated for part time employees) at two-thirds the employee's regular rate of pay because the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to Federal, State, or local government order or advice of a health care provider), or care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to COVID-19, and/or the employee is experiencing a substantially similar condition as specified by the Secretary of Health and Human Services, in consultation with the Secretaries of the Treasury and Labor. During the first two week period, if caring for a child you may elect to substitute any accrued vacation leave, personal leave, or sick leave during this partial paid period. Paid sick leave benefit is capped at established limits — refer to Department of Labor Notice Additional Benefit beyond FFCRA Paid Sick Leave Requirements Additionally, the County is providing a benefit beyond what the FFCRA provides, in order to recognize the contribution of employees who are able to continue working either onsite or via telework. The established FFCRA leave expires on December 31, 2020. Under the FFCRA, there is no carryover provision for this leave and employees are not 129 entitled to reimbursement for unused leave upon termination, resignation, retirement, or other separation from employment. However, the County will convert any remaining leave from the two weeks of paid sick leave to that employee's vacation balance the first pay period in January 2021 (unless government extends effective period). This carryover to vacation does not extend to the additional 10 weeks of expanded family and medical leave provided by the FFCRA. 2) Expanded FMLA Providing Paid Leave to Care for Child (can be intermittent) A covered employer must provide to employees that it has employed for at least 30 days: Up to an additional 10 weeks of paid expanded family and medical leave at two- thirds the employee's regular rate of pay where an employee is unable to work (or telework) due to a bona fide need for leave to care for a child whose school or child care provider is closed or unavailable for reasons related to COVID-19. Paid expanded FMLA benefit is capped at established limits — refer to Department of Labor Notice Continuation of Critical Services As we respond to the COVID-19 threat, Indian River County is also committed to providing critical services for our community. Each work area is identifying crucial staffing necessary to maintain critical services and our infrastructure. The provision of these services is dependent upon our staff who are able to report to work and maintain services. Indian River County is supportive of employees who may qualify to use the federally required sick leave benefit or expanded FMLA benefit and realize that many employees will be able to continue to report to work and provide essential services. The FFCRA leave benefits are available through December 31, 2020. The County is working to provide flexible work schedules, teleworking opportunities, and combinations of paid and unpaid leave time as options to continue to provide critical services to the public while addressing various constraints our employees are facing. Requesting Leave If you are requesting FFCRA paid sick leave, you will need to complete the attached FFCRA Paid Sick Leave Request Form and submit it to your supervisor for each pay period you are requesting leave. If you are requesting FFCRA Expanded FMLA for childcare, you must submit the FFCRA Expanded FMLA for Child Care form to your supervisor each pay period you are requesting leave. If you have questions related to these leave benefits, you may speak with your manager or contact Sheila O'Sullivan at 772-226-1377 or sosullivan@ircgov.com or Suzanne Boyll at 772-226-1402 sboyll@ircgov.com Please be aware that this notice is based upon the most up to date federal guidance. We will provide updated information concerning the Act if federal guidance changes. 130 PAID SICK LEAVE AND EXPANDED FAMILY AND MEDICAL LEAVE UNDER THE FAMILIES FIRST-CORONAVIRUS,`RESPONSE ACTS The Families First Coronavirus Response Act (FFCRA or Act) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19.. These provisions will apply from April 1, 2020 through December 31, 2020. ► PAID LEAVE ENTITLEMENTS Generally, employers covered under the Act must provide employees: Up to two weeks (80 hours, or a part-time employee's two-week equivalent) of paid sick leave based on the higher of their regular rate of pay, or the applicable state or Federal minimum wage, paid at: • 100% for qualifying reasons #1-3 below, up to $511 daily and $5,110 total; • % for qualifying reasons #4 and 6 below, up to $200 daily and $2,000 total; and • Up to 10 weeks more of paid sick leave and expanded family and medical leave paid at % for qualifying reason #5 below for up to $200 daily and $12,000 total. A part-time employee is eligible for leave for the number of hours that the employee is normally scheduled to work over that period. ► ELIGIBLE EMPLOYEES In general, employees of private sector employers with fewer than 500 employees, and certain public sector employers, are eligible for up to two weeks of fully or partially paid sick leave for COVID-19 related reasons (see below). Employees who have been employed for at least 30 days prior to their leave request may be eligible for up to an additional 10 weeks of partially paid expanded family and medical leave for reason #5 below. ► QUALIFYING REASONS FOR LEAVE RELATED TO COVID-19 An employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee: 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. has been advised by a health care provider to self -quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; 4. is caring for an individual subject to an order described in (1) or self -quarantine as described in (2); 5. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or 6. is experiencing any other substantially -similar condition specified by the U.S. Department of Health and Human Services. 0. ENFORCEMENT The U.S. Department of Labor's Wage and Hour Division (WHD) has the authority to investigate and enforce compliance with the FFCRA. Employers may not discharge, discipline, or otherwise discriminate against any employee who lawfully takes paid sick leave or expanded family and medical leave under the FFCRA, files a complaint, or institutes a proceeding under or related to this Act. Employers in violation of the provisions of the FFCRA will be subject to penalties and enforcement by WHD. WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR For additional information or to file a complaint: 1-866-487-9243 TTY: 1-877-889-5627 dol.gov/agencies/whd WH1422 REV 03/20 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into this 7th day of April, 2020 by and between Teamsters Local Union No. 769, Inc., a Florida not-for-profit corporation (the "Union") and Indian River County (the "County'). WHEREAS, effective October 1, 2019 the Union and County entered into the current Collective Bargaining Agreement ("CBA") which remains operative through September 30, 2022; and WHEREAS, on March 1, 2020 the Governor of the State of Florida issued Executive Order Number 20- 51 directing the Florida Department of Health to issue a Public Health Emergency due to the Novel Coronavirus Disease 2019 ("COVID-19"); and WHEREAS, on March 9, 2020 the Governor issued Executive Order 20-52 declaring a state of emergency for the entire state of Florida as a result of COVID-19; and WHEREAS, on March 17, 2020 Indian River County declared a local state of emergency in response to the COVID-19 crisis with said declaration being affirmed and continued on March 24, and again on March 31, 2020; and WHEREAS, recently adopted federal legislation titled Families First Coronavirus Response Act (the "Act") requires certain employers including Indian River County to provide their employees with up to 80 hours of paid sick leave for specified reasonsrelated to COVID-19 available from April 1, 2020 through December 31, 2020 ("CV Sick Leave"); and WHEREAS, The Act, in addition to mandating up to 80 hours of CV Sick Leave, requires expanded family and medical leave for specified reasons related to child care for up to 12 weeks at 66.7% of their equivalent rate of pay ("Expanded Family Leave"); and WHEREAS, Section 9.4 of the CBA requires the County to equalize the compensable hours due employees who are required to work and those employees who are released from duty with pay during a County declared emergency; and WHEREAS, in recognition of the contributions made by employees who are assigned to continue working to provide services to the community during the COVID-19 crisis, the County is providing a benefit beyond what the Act requires by converting any unused CV Sick Leave balance to vacation leave on December 31, 2020; and Now therefore, the Union and County Agree as follows: Section 1. The aforementioned whereas clauses are incorporated herein and given full force and effect. Section 2. The County and the Union agree that that the CV Sick Leave and Expanded Family leave required by the Act are applicable to Indian River County and that all benefits contemplated by the Act expire on December 31, 2020. 132 Section 3. The County will establish a separate bank of leave to isolate the CV Sick Leave benefits required by the Act which shall not affect the employees existing or future regular leave accruals or related administrative polices. On December 31, 2020, the County will convert any remaining leave from the 80 hours of paid CV Sick Leave required by the Act to each employee's vacation balance the first pay period in January 2021 (the "Conversion Date"). In the event the Act is amended to extend the current expiration date of December 31, 2020, the Conversion Date shall be extended to the first pay period following the amended expiration date required by the Act. Any request for conversion of CV Sick Leave prior to the Conversion Date shall be denied. To the extent an employee has not used all of the employee's vacation balance converted from CV Sick Leave by December 31, 2021, the County will allow the employee to carry over up to 40 hours above the vacation accrual maximum during the first pay period in January 2022, to be used by December 31, 2022. The vacation maximums will return to the established vacation carryover maximums as reflected in the CBA in effect on December 31, 2022. Section 4. The County's conversion of CV Sick Leave to vacation leave does not apply or extend to the Expanded Family Leave required by the Act and shall be expressly limited to the unused CV Sick Leave balance required by the Act. Section 5. The Expanded Family Leave and CV Sick Leave provisions of the Act related to child care are not applicable to the provisions of Section 9.4 of the CBA. Section 6. The County and the Union agree that upon separation of employment, employees are not entitled to reimbursement for unused CV Sick. Leave upon termination, resignation, retirement, or other separation from employment prior to the Conversion Date. Section 7. The Union acknowledges that the County's compliance with and supplement to the benefits required by the Act and described herein are fully compliant with the terms of the CBA. The Union acknowledges that the County's compliance with the Act and paid leave benefits provided to include the sick leave conversion does not trigger additional compensation pursuant to Article 9.4 under the County's Declaration of Emergency related to COVID-19. Section 8. The Union and County agree that this Memorandum of Agreement shall not be binding on, used as precedent, or relied upon in future instances. INDIAN RIVER COUNTY, FLORIDA TEAMSTERS LOCAL NO. 769 By: Susan Adams, Chairman Indian River County Board of County Commissioners ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Steve Meyers, Business Agent 133 By: Deputy Clerk Approved:. Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 134 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT AGENDA BCC Meeting 04-07-2020 Date: March 31, 2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Leigh Anne Uribe, Director County Human Services Subject: Annual HUD Grant Renewals for Continuum of Care (CoC) Programs BACKGROUND: The Federal Department of Housing. and Urban Development (HUD) offers permanent, supportive housing to persons experiencing homelessness as well as services including health care and mental health counseling. On behalf of Indian River County, grant applications are submitted by Treasure Coast Homeless Services Council, Inc. (TCHSC) for funding of these services. Once awarded, TCHSC administers the grant funds for Continuum of Care (CoC) programs in cooperation with the Human Services Department of Indian River County and the State Health Department. Below is a list of nine grants awarded to Indian River County which will renew in 2020. However, due to a variance in performance periods of the awarded projects, only six Continuum of Care Program Grant Agreements have been received as of this date. The remaining three agreements, indicated below with an asterisk (*), will be presented to the Chairman for signature upon receipt and review by County Attorney as to form and legal and sufficiency. GRANT NUMBER Project HUD FUNDING Performance Period *FL0113L4H091907 2018 CoC Wide TRA Renewal $101,964 *09-01-2020 ends 08-31-2021 FL0114L4H091912 2018 ALCOHOPE Renewal $80,808 04-01-2020 ends 03-31-2021 FL0116L4H091912 2018 HMIS Coordinated Entry $35,400 09-01-2020 ends 08-31-2021 *FL0119L4H091912 2018 New CHRONICS $307,968 *07-01-2020 ends 06-30-2021 *FL0338L4H091906 2018 CoC TRA2 $80,808 *09-01-2020 ends 08-31-2021 FL0360L4H091910. 2018 Indian River Chronics Renewal $105,864 06-01-2020 ends 05-31-2021 FL0380L4H091905 2018FAMILY RENTAL Assistance $101,964 09-01-2020 ends 08-31-2021 FL0418L4H091907 2018 DATA QUALITY $27,840 01-01-2021 ends 12-31-2021 FL0440L4H091908 2018 New Horizons TWO $123,996 04-01-2020 ends 03-31-2021 TOTAL AMOUNT: $966,612 135 Page Two HUD Grant Renewals for Continuum of Care (CoC) Programs March 31, 2020 FUNDING: These grants require NO MATCHING FUNDS from the County and there areno changes from previous years in the method the funds are to be disbursed. RECOMMENDATION: Staff recommends the Boardacknowledge the renewal of the six grants currently awarded by HUD in the amount of $475, 872. Further request Board's acceptance of the additional three upon their arrival for a total aggregate amount of $966,612 and their review by County Attorney as to form and legal sufficiency. Staff respectfully request Board acceptance of grant renewals and authorize Chairman to execute each individual Continuum of Care Program Grant Agreement. ATTACHMENTS (6): Continuum of Care Program Grant Agreement - Continuum of Care Program Grant Agreement - Continuum of Care Program Grant Agreement - Continuum of Care Program Grant Agreement Continuum of Care Program Grant Agreement Continuum of Care Program Grant Agreement FLO 114L4H091912 FLO116L4H091912 FL0360L4H091910 - FL0380L4H091905 - FL0418L4H091907 - FL0440L4H091908 DISTRIBUTION: Louise. Hubbard, Treasure Coast Homeless Services Council Elissa Nagy, Finance Director APPROVED AGENDA ITEM FOR April 7, 2020 136 E.Pafi DI * P..W _* %.nE91: Grant Number: FL0418L4H091907 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of anyconflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $27,840, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 137 Project No. Grant Term Performance Period Total Amount FL0418L4H091907 12 months 01-01-2021 - 12-31-2021 $27,840 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $0 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $27,840 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 138 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the performance period under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's final operating year under the grant agreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's fmal operating year under the grant that has been renewed. For any transition project funded under this Agreement the performance period of the transition project(s) will begin immediately at the end of the Recipient's fmal operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 139 The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development (Signature) Lisa Hill, Director (Typed Name and Title) March 31, 2020 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: By: By: Deputy Clerk : Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 5 141 Grant Number: FL0380L4H091905 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and. Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $101,964, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 142 Project No. Grant Term Performance Period Total Amount FL0380L4H091905 12 months 09-01-2020 - 08-31-2021 $101,964 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $101,964 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 C Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 143 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein. only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the performance period under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's final operating year under the grant agreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. For any transition project funded under this Agreement the performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 144 The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: • UNITED STATES OF AMERICA, Secretary of:Housing and Urban Development By: (Signature)• Lisa Hill, Director (Typed Name and Title) March 31, 2020 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official) (Date Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Approved: Court and Comptroller By: By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state andlocal governments). www.hud.gov espanol.hud.gov Page 5 146 /lath iIIIi j ii g It' 494 At Ev 029 Grant Number: FL0360L4H091910 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA#14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $105,864, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 147 Project No. Grant Term Performance Period Total Amount FL0360L4H091910 12 months 06-01-2020 - 05-31-2021 $105,864 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 , f. Rental assistance $105,864 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 148 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the performance period under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's fmal operating year under the grantagreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's fmal operating year under the grant that has been renewed. For any transition project funded under this Agreement the performance period of the transition project(s) will begin immediately at the end of the Recipient's fmal operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's fmal operating year under the grant being renewed and the execution of this ' Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient: must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 149 The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: - (Signature) '^' ' .. - Lisa Hill, Director (Typed Name and Title) March 31, 2020 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official) (Date) Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Approved: Court and Comptroller By: By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov f5V Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. Fornonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part:200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 5 151 ozr, sF ro„, •r neve- Grant Number: FL0116L4H091912 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $35,400, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 152 Project No. Grant Term Performance Period Total Amount FL0116L4H091912 12 months 09-01-2020 - 08-31-2021 $35,400 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $0 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $35,400 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 153 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein. only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the performance period under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's final operating year under the grant agreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's fmal operating year under the grant that has been renewed. For any transition project funded under this Agreement the performance period of the transition project(s) will begin immediately at the end of the Recipient's fmal operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 154 The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By: p, 41 t. (Sighafure)',.',/-1.1' Lisa Hill, Director (Typed Name and Title) March 31, 2020 (Date) RECIPIENT Indian River County Board of. County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official) (Date Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Approved: Court and Comptroller By: By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingoid, County Attorney www.hud.gov espanol.hud.gov 1554 Indirect Cost Schedule Agency/Dept./Major Function Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method forindirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and. Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 5 156 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street 11111Suite 1015 u Jacksonville, FL 32202 Al$4k DE -90 - Grant Grant Number: FL0114L4H091912 Tax ID Number: 59-6000674 DUNS Number: 079208989 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the. project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $80,808, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 157 Project No. Grant Term Performance Period Total Amount FL0114L4H091912 12 months 04-01-2020 - 03-31-2021 $80,808 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $80,808 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 158 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's final operating year under the grant agreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. For any transition project funded under this Agreement the performance period of the: transition project(s) will begin immediately at the end of the Recipient's final operating yearunder the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 159 The Agreement constitutes the entire agreement between the parties, and: may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Lisa Hill, Director (Typed Nanic and Title) 3124/21)7/b 1 (Date) RECIPIENT Indian. River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official), (Date) Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Approved: Court and Comptroller By: By: Deputy Clerk. Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 160 www.hud.gov espanol.hud.gov Page4 Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 5 161 Grant Number: FL0440L4H091908 Tax ID Number: 59-6000674 DUNS Number: 079208989 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1015 Jacksonville, FL 32202 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT • AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); the Continuum of Care Program rule (the "Rule"), as amended from time to time; and the Notice of Funds Availability for the fiscal year competition in which the funds were awarded. The terms "Grant" or "Grant Funds" mean the funds that are provided under this Agreement. The term "Application" means the application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Rule. The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. HUD's total funding obligation for this grant is $123,996, allocated between the projects listed below and, within those projects, between budget line items, as shown below. www.hud.gov espanol.hud.gov Page 1 162 Project No. Grant Term Performance Period Total Amount FL0440L4H091908 12 months 04-01-2020 - 03-31-2021 $123,996 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $123,996 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $ 0 www.hud.gov espanol.hud.gov Page 2 163 If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein. only. Additional funding is subject to the availability of annual appropriations. The performance period of renewal projects funded by this Agreement will begin immediately at the end of the under the grant agreement being renewed. Eligible costs incurred between the end of Recipient's final operating year under the grant agreement being renewed and the date of this Agreement is executed by both parties may be reimbursed with funds from the first operating year of this Agreement. No funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that hasbeen renewed. For any transition project funded under this Agreement the performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being renewed and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published in. the HUD Exchange in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the performance periods for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of funds for all projects funded under this Agreement. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application,unless the Recipient changes the address and key contacts in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. www.hud.gov espanol.hud.gov Page 3 164 The Agreement constitutes the entire agreement between the parties, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Lisa Hill, Director (Typed Namy and Title) 3124-1 Zt l (Date) RECIPIENT Indian. River County Board of County Commissioners (Name of Organization) By: (Signature of Authorized Official) Susan Adams, Chairman (Typed Name and Title of Authorized Official) (Date Approved by BCC: April 7, 2020 ATTEST: Jeffrey R. Smith, Clerk of Approved: Court and Comptroller By: By: Deputy Clerk Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney 165 www.hud.gov espanol.hud.gov Page4 Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirectcost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 5 166 YID Indian River County, Florida Department of Utility Services Board Memorandum Date: March 31, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Art Pfeffer, Project Manager Subject: Request to Waive the Bid Process for North Berm Maintenance Project at the Spoonbill Marsh Facility Descriptions and Conditions: The northern property boundary of the Spoonbill Marsh Facility (SMF) is an older drainage ditch. The southern embankment of this ditch is a berm, a.k.a. the North Berm. The easternmost 1,000 feet of the North Berm has degraded over time and requires remediation to insure Tong -term water containment for the SMF. Spoil material (fill) excavated in 2009 during construction of SMF was stored for future use on the adjoining parcel. This stored spoil material will be excavated and used for this project. All embankment activity will occur on SMF property. On February 26, 2020, the Indian River County Department of Utility Services (IRCDUS) solicited quotes from three local contractors with proficiency in excavation and embankment construction. Analysis: We are now entering the dry season, which is the most opportune time to perform this type of maintenance. In preparation, vegetation has been removed along the project right-of-way, and geotechnical tests have been performed. Masteller, Moler and Taylor Surveying has marked the property line and is prepared to stake the project. Plans and specifications were prepared by IRCDUS. All three contractors submitted price proposals. Contractor Proposal Amount Cathco, Inc. $ 65,087.00 Timothy Rose Contracting . $ 95,603.00 Sheltra and Sons Contracting, LLC $109,410.00. 167 Funding: Funds for this project are in the Berm Refurbishment Renewal and Replacement fund in the Utilities operating fund. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount Berm Refurbishment 47129236-044699-19555 $65,087.00 Recommendation: Staff recommends the Board of County Commissioners waive the bid process and, pending receipt and approval of the required insurance by the Risk Manager, authorize the Purchasing Division to issue a purchase order to Cathco, Inc., in the amount of $65,087.00 for the North Berm Maintenance project at the Spoonbill Marsh Facility. Attachment(s): 1. Cathco, Inc. Proposal 168 Com. thco Inc. Project Name: NORTH BERM MAINTENANCE PROJECT- SPOONBILL MARSH Bid #:N/A Opening Date: Wednesday, March 11, 2020 Opening Location: Indian River County Utilities 1801 27th Street Vero Beach, FL 32960 In accordance with allterms, conditions, specifications, and requirements, the Bidder offers the following: Bid Item41see Below) Quantity Unit Price Total Price 1. Construct approximately 700 -LF of maintenance berm as shown on the plans and attached scope of work. The spoil material (fill) excavated in 2009 during construction on the spoonbill marsh facility was moved, graded and stored for future use on the adjoining parcel. Fill material lies in a surface layer roughly 5 feet thick and is a mixture of shell rock, sand and limestone rock of various sizes can be used for the construction of the berm. LS $44,888.00 $ 44,888.00 Total Bid Price $44,888.00 Total Bid Price in Words Forty Four Thousand Eight Hundred Eighty Eight Dollars and Nc Alternate Bid for item No. 1- Additional 300 -LF of berm installation east of item no.1 as depicted on the plans. This will require an additional of 437 cubic yards of fill material and 66 cubic yards of coquina. LS $20,199.00 $20,199.00 Total Revised Bid Price with Alternate Bid Items $65,087.00 Total Bid Price with Alternate Bid Items in Words Sixty Five Thousand Eighty: Seven Dollars and No Cents List the name, address, and contact information of the Directional Boring Contractor to be used on this project: Name N/A Address Phone E-mail Fax 169 Cents. Project completion time after receipt of "Notice to Proceed" or PO: 90 DAYS Will your company extend these prices to other governmental. agencies within the State of Florida? Cathco Inc. Yes ❑ No *The lump sum price bid for furnishing andinstallation of the berm .shall include, but is not limited to: mobilization, demobilization, utilities exploration/excavation, removing, disposing of and replacing unsuitable material, dewatering, sheeting/shoring of the excavation, restoration of all haul roadway or landscaping damaged or destroyed, Trench Safety Act Compliance, and clean up. The unit price(s) bid will include any and all labor & materials not listedabove necessary to furnish the County a complete & working berm as indicated on the plans. The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Cathco Inc. Company Address:5550 41st Street City, State Vero Beach, FL Zip Code 32967 Telephone: 772-562-8814 Fax: 772-562-0173 E-mail: cathcoinc@bellsouth.net Business Tax Receipt Nu Authorized Signature: 5211406.000 rl 41I FEIN Number: 59-2672191 Date: 3-11-2020 Name: Matthew S. Eisert Title: VP (Type / Printed) 170 Date: To: From: Indian River County, Florida Department of Utility Services Board Memorandum March 31, 2020 Jason E. Brown, County Administrator Vincent Burke, PE, Director of Utility Services Prepared By: John M. Boyer, PE, Utilities Engineer Subject: Utility Work by Highway Contractor Master Agreement with FDOT Utility Relocations —1-95 & Oslo Road Interchange FDOT Project #413048 Background: Florida Department of Transportation (FDOT) is planning to construct a new interchange along 1-95 at Oslo Road. The County's existing water, sewer and reuse mains in the project area will be relocated as part of the roadway construction. The FDOT and Indian River County Department of Utility Services (IRCDUS) will thus enter into a master agreement for the construction of utilities by the FDOT contractor. The FDOT will provide a utility relocation cost estimate at a later date; it is anticipated that some of the utility relocation cost will be paid by FDOT. Per Section 3c of the Agreement IRCDUS may accept or reject the FDOT cost proposal. The County Attorney has determined the agreement should be signed by the Chairman of the Board of County Commissioners. Funding: No funding is required at this time. Recommendation: Staff recommends the Chairman of the Board of County Commissioners executes the Florida Department of Transportation (FDOT) — Utility Work by Highway Contractor Master Agreement for FDOT Project #413048 —1-95 and Oslo Road Interchange. Attachment(s): 1. FDOT - Utility Work by Highway Contractor Master Agreement. 171 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR MASTER AGREEMENT (AT UAO AND FDOT EXPENSE COMBINED) THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County Department of Utility Services, hereinafter referred to as the "UAO'; WITNESSETH: WHEREAS, the UAO owns, or may in the future own, certain utility facilities which are or may in the future be located on any public roads or publicly owned rail corridors, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, engages in projects which involve constructing, reconstructing, or otherwise changing public roads and other improvements located on public roads or publicly owned rail corridors, hereinafter referred to as either the "Project" or "Projects"; and WHEREAS, the Projects may require the location (vertically and/or horizontally), protection, relocation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work"; and WHEREAS, the UAO, in accordance with and subject to the limitations of the terms and conditions of this Agreement, may be entitled to be reimbursed for some of the Utility Work and may, under the law of the State of Florida, be obligated to perform other Utility Work at the UAO's sole cost and expense; and WHEREAS, the FDOT and the UAO have authority to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Projects; and WHEREAS, the FDOT and the UAO desire to enter into a master agreement which establishes the terms and conditions under which the Utility Work, both for Utility Work to be reimbursed and for Utility Work to be performed at the sole cost and expense of the UAO, will be performed by the FDOT's highway contractor for any particular project and eliminates the need for an individual agreement on each Project; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Implementing Projects In the event that the FDOT determines that Utility Work may be necessary for any Project, the following procedure shall apply to implementing the arrangement to have the Utility Work performed by FDOT's highway contractor for that Project, provided that the UAO and the FDOT may mutually agree to combine or eliminate all or any portion of this procedure on any Project: a. First Contact. (1) The FDOT shall send a written notice to the UAO specifying the applicable Project, offering to implement a joint arrangement for the project, providing the FDOT's then current plans for the Project, specifying the current percentages for the Allowances as defined in Subparagraph 3. d. that the FDOT requires at that time, and specifying the return date by which the UAO must comply with Subparagraphs 1.a.(2), (3) and (4). (2) The UAO shall, by the date specified by the FDOT in the written notice, respond in writing to the FDOT's offer to implement a joint arrangement, stating whether the UAO desires to implement a joint arrangement or not for the particular Project, specifying what Facilities the UAO does not want to include in the joint arrangement, specifying what inspection and testing activities the UAO desires to have the FDOT perform under Subparagraph 2.e., and specifying the desired method of deposit for funds paid by the UAO under Subparagraph 3.e. Deposits of less than $100,000.00 must be pre -approved by the FDOT Comptroller's Office. 172 (3) In the event that the UAO timely indicates that it desires to implement a joint arrangement, the UAO, shall also return a copy of the FDOT's plans on which the location of the existing Facilities is marked or verified to FDOT's satisfaction. The UAO shall also mark which of the Facilities the UAO believes are reimbursable under this Agreement. (4) . If the UAO believes that the Utility Work is reimbursable under this Agreement, the UAO shall, by the date specified by the FDOT in the written notice, also return documentation of the basis for entitlement to reimbursement under the provisions of this Agreement, and a preliminary estimate of the cost for the Utility Work. Failure to timely return such documentation shall make the Utility Work not reimbursable. (5) i After receipt of the documents required by Subparagraphs 1. a. (2), (3) and (4), the FDOT shall send a notice to the UAO confirming the implementation of the joint arrangement, and confirming the FDOT acceptance of the items specified by the UAO under Subparagraph 1.a.(2) above. (6) If the UAO fails to respond timely as required above or declines to implement a joint arrangement for the Project, or if the FDOT does not accept the items specified by the UAO specified under Subparagraph 1 .a.(2), this Agreement shall no longer apply to the Utility Work for that Project and the Utility Work for that Project shall be performed under a separate arrangement. b. Second Contact. (1) After confirmation of the implementation by the FDOT pursuant to Subparagraph 1.a.(5) above, the FDOT shall, at the appropriate time, send a notice to the UAO, along with an updated set of plans for the Project, specifying the time and place of a mandatory utility meeting. (2) A representative of the UAO familiar with the Project and the Facilities shall attend the meeting and be prepared to discuss the Project and the design for the Utility Work. The representative shall bring to the meeting a copy of the FDOT's updated plans marked with any existing Facilities not accurately shown thereon and marked with a preliminary Utility Work design concept. c. Third Contact. (1) After the mandatory utility meeting, the FDOT shall, at the appropriate time, send the UAO: (a) Additional updated FDOT plans for the Project; (b) The FDOT's then current Utility Work Schedule form (said schedule to be used in the case of a bid rejection); (c) If the Utility Work is reimbursable, the FDOT's then current utility estimate summary form; (d) If not previously provided, a notice verifying eligibility for reimbursement or verifying that the Utility Work is not reimbursable; (e) A notice specifying the return date by which the UAO must comply with Subparagraph 1.c.(2); (f) A notice specifying whether a utility permit will be required for the Utility Work; (g) A notice verifying the version of the Utility Accommodation Manual that will apply to the Utility Work; (h) A notice verifying the stages for the Plans Package review under Subparagraph 1.c.7.; (1) The current form of Three Party Escrow Agreement for deposit of funds referred to in Subparagraph 3.e.; 173 (j) (k) The instruction form then being used by the FDOT for providing direction in following this process; and Such other information the FDOT deems pertinent. (2) Within the time frame specified in this third contact notice, the UAO shall return to the FDOT a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the Plans Package). The cost estimate which is part of the Plans Package shall be separated into an amount for the Facilities which are reimbursable and those which are not. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall apply where such conflicts exist. (6) The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. (7) UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages identified in the notices from the FDOT referenced above. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph 1.c.(2)above. (8) In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph 1.c.(7) above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. (9) The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. (10) The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as specifically indicated and agreed to by the parties in the notices referenced above. These exceptions shall be handled byseparate arrangement. (11) The UAO shall fully cooperate with all other right of way users in the preparation of the Plans 174 Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT=s requirements. c. If the portion of the bid of the contractor selected by the FDOT which is for performance of the portion of the Utility Work which is not reimbursable exceeds the FDOT's official estimate for that portion of the Utility Work by more than ten percent (10%) and the FDOT does not elect to participate in the cost of that portion of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 45 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the activities identified in the notices sent pursuant to Paragraph 1. to be performed by, or on behalf of the FDOT and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. In so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed to Tallahassee for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work a. The Utility Work will be reimbursable under this Agreement when the Project is federal aid eligible pursuant to the provisions of Section 337.403(1)(a), Florida Statutes, when a written agreement incidental to a right-of-way acquisition process requires the FDOT to compensate the UAO for the costs of any subsequent relocation of the Facilities, or when the UAO holds a compensable land interest under Florida condemnation law in the existing location of the Facilities at the time of the Project. In any other circumstances, the Utility Work will be performed at the sole cost and expense of the UAO. Failure of the 175 UAO to timely provide documentation of the basis for reimbursement as required by Subparagraph 1.a.(3) of this Agreement shall make the Utility Work not reimbursable. b. The UAO shall be responsible for all costs of the portion of Utility Work that is not reimbursable which the FDOT does not elect to participate in under Section 337.403(1)(b), Florida Statutes and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. c. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. d. At least thirty (30) calendar days prior to the date on which the FDOT advertises the Project for bids, the UAO will pay to the FDOT an amount equal to the portion of the FDOT's official estimate which is not reimbursable; plus the percentages established by the notice given under Subparagraph 1.a.(1) for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, and for administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said three amounts for mobilization, maintenance of traffic and administrative costs to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). e. Payment of the funds pursuant to this paragraph will be made directly to the FDOT for deposit into the State Transportation Trust Fund or as provided in the Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury as specified in the notices provided pursuant to Paragraph 1. f. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work which is not reimbursable exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work which is not reimbursable, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.f. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. g. If the accepted bid amount plus allowances and contingency for the non -reimbursable Utility Work is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. h. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being 176 performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. i. The FDOT may use the funds paid by the UAO for payment of the cost of the non -reimbursable Utility Work. The Contingency Fund may be used for increases in the cost of the non -reimbursable Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Subparagraph 3. f. for future use as the Contingency Fund. j• Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative of the UAO for a period of three (3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. c. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence, and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be left in place on FDOT's Right of Way after the Facilities are no longer active (hereinafter Placed out of service/Deactivated) unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities Placed out of service/Deactivated, but only to said Facilities Placed out of 177 service/Deactivated: a. The UAO acknowledges its present and continuing ownership of and responsibility for Facilities Placed out of service/Deactivated. b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph 5. e. below. c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in, accordance with any and all applicable local, state or federal laws and regulations and in accordance with the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests concerning the Facilities that are Placed out of service/Deactivated of the FDOT or other permittees using or seeking use of the right of way. e. The UAO shall remove the Facilities upon 30 days prior written request of the FDOT in the event that the FDOT determines that removal is necessary for FDOT use of the right of way or in the event that the FDOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. In the event that the Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement under this Agreement, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement only under Section 337.403 (1)(a), Florida Statutes, removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto because such a removal would be considered to be a separate future relocation not necessitated by the construction of the project pursuant to which they were Placed out of service/Deactivated, and would therefore not be eligible and approved for reimbursement by the Federal Government. In the event that the Facilities that are Placed out of service/Deactivated would have qualified for reimbursement for other reasons, removal of the out of service Facilities shall be reimbursed by the FDOT as though the Facilities had not been Placed out of service/Deactivated. Removal shall be completed within the time specified in the FDOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FDOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. f. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FDOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in the Facilities or the discharge of hazardous substances or materials from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FDOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 178 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from FDOT. (2) Pursue a claim for damages suffered by the FDOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FDOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FDOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FDOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FDOT property if the breach is material and has not been cured within 60 days from written notice thereof from FDOT until such time as the breach is cured. (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO. (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Indemnification FOR GOVERNMENT-OWNED UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the 179 performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES: The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 8. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimated duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 9. Miscellaneous a. If the Utility Work is reimbursable under this Agreement, the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of 1964 and any subsequent revisions thereto in connection with the Utility Work covered by this Agreement, and such compliance will be governed by one of the following methods as determined at the time of the issuance of the work order: (1) The UAO will perform all or part of such Utility Work by a contractor paid under a contract let by the UAO, and the Appendix "A" of Assurances transmitted with the issued work order will be included in said contract let by the UAO. (2) The UAO will perform all of its Utility Work entirely with UAO's forces, and Appendix "A" of Assurances is not required. 180 (3) The Utility Work involved is agreed to by way of just compensation for the taking of the UAO's facilities on right-of-way in which the UAO holds a compensable interest, and Appendix "A" of Assurances is not required. (4) The UAO will perform all such Utility Work entirely by continuing contract, which contract to perform all future Utility Work was executed with the UAO's contractor prior to August 3, 1965, and Appendix "A" of Assurances is not required. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities. c. Pursuant to Section 287.058,•Florida Statutes, the FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FDOT may have entered into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by the joint agreement. Copies of FDOT manuals, policies, and procedures will be provided to the UAO upon request. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. f. Time is of essence in the performance of all obligations under this Agreement. g. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Indian River County Department of Utility Services - Attn: John M. Boyer, P.E. 1801 27th Street Vero Beach, FL 32960 If to the FDOT:: 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes 181 only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled Changes to Form Document." You MUST signify by selecting or checking which of the following applies: ® No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached. El No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County Department of Utility Services. BY: (Signature) DATE: (Typed Name: Susan Adams) (Typed Title: Chairman, Indian River County Board of County Commissioners) Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: . (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: ) (Typed Title: ) 182 gR MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 26, 2020 SUBJECT: Purchasing Requirements BACKGROUND. Pursuant to section 255.0518, Florida Statutes, "[w]hen opening sealed bids or the portion of any sealed bids that include the prices submitted that are received pursuant to a competitive solicitation for construction or repairs on a public building or public work, open the sealed bids at a public meeting conducted in compliance with s[ection] 286.011, [Florida Statutes]." Pursuant to Executive Order 20-69 ("E0 20-69"), Governor Ron DeSantis suspended "any Florida Statute that requires a quorum to be present in person or requires a local government bodyto meet at a specific public place." Furthermore in EO 20-69, Governor Ron DeSantis stated that "[1]ocal government bodies may utilize communications media technology, such as telephonic and video conferencing, as provided in section 120.54(5)(b)2., Florida Statutes." In an attempt to promote social distancing during the current COVID-19 pandemic, the County Attorney's Office recommends the Indian River County Board of County Commissioners waive any statutory or local public meeting requirements pertaining to procurement, to the extent permitted by EO 20-69, and authorize the use of communications media technology in order to make such meetings as transparent and accessible as possible. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners waive any statutory or local public meeting requirements pertaining to procurement, to the extent permitted by EO 20-69, and authorize the use of communications media technology in order to make such meetings as transparent and accessible as possible. 183 TS MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney DATE: March 23, 2020 SUBJECT: Osprey Acres Floway and Nature Preserve - Utilities In connection with the Osprey Acres Floway and Nature Preserve project, it was necessary to construct a water main, associated fire hydrant and a sewer system (UCP #3363) within the boundary of the property. To support the issuance of the certificate of completion for the project, a Bill of Sale of Utility Facilities has been prepared for accounting purposes as well as for aiding in tracking the infrastructure and warranty period, and is presented herewith for consideration. FUNDING The cost of recording the Bill of Sale of Utility Facilities is $27.00. Funds are budgeted and available in Optional Sales Tax/Public Works/Osprey Acres- Account No. 31524338-066510-16022. RECOMMENDATION Staff recommends approval of the Bill of Sale of Utility Facilities and requests the Board authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida.. /nhm attachment 184 Osprey Acres Floway and Nature Preserve BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA UPC #3363 KNOW ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having an address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this day of , 2020, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are associated with the Osprey Acres Floway and Nature Preserve, which property is further identified as Tax Parcel No. 33-39-24-00000-5000-00001.0. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. Further, should the above described utility facilities associated with the Osprey Acres Floway and Nature Preserve fail or otherwise become defective during a one-year period from March 10, 2020 to March 10, 2021, due to defective materials or workmanship, said utility facilities are under warranty by GRANTOR'S contractor, West Construction, Inc., by virtue of a Public Construction Bond (Bond No. PB12159900094) issued by Philadelphia Indemnity Insurance Company. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By: Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk 185 STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the above State and County to take acknowledgments, personally appeared Susan Adams, to me known to be the person described in and who executed the foregoing instrument as the Chairman of the Board of County Commissioners of Indian River County, Florida, and acknowledged to and before me that she executed the same as the act and deed of such county. WITNESS my hand and official seal in the above county and state this day of , 2020. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: 186 OSPREY ACRES FLOWAY AND NATURE PRESERVE - UCP #3363. Utility Cost Estimate For Bill of Sale and 1 -Year Maintenance Amount WATER SYSTEM UNIT QUANTITY UNIT PRICE TOTAL 6" DIP water main with restrained joints, including DIP fittings LF 170 $ 39.85 $ 6,774:50 12"x6" tapping sleeve and valve LS 1 $ 3,454.00 $ : 3,454.00 Fire hydrant assembly including 6" gate valve LS 1 $ 4,890.60 $ 4,890.60 1" water service EA 1 $ 880.00 $ 880.00 Subtotal $ 15,999.10 SANITARY SEWER 2" air release valve assembly LS 1 $ 5,300.00 $ 5,300.00 8" x 4" tapping sleeve and valve LS 1 $ 3,750.00 $ 3,750.00 2" SCH. 80 PVC force main LF 920 $ 12.00 $ 11,040.00 .2" HDPE force main directional drill LF 200 $ 65.00 $ 13,000.00 Subtotal $ 33,090.00 Sanitary Sewer $ 33,090.00 Water System $ 15,999.10 TOTAL $ 49,089.10 For Bill of Sale 25% 1 Year Maintenance Amount $ 12,272.28 Date: Keith McCully, P.E. Public Works Stormwater Division P.E. No. 32007 187 ' 188 MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: March 31, 2020 SUBJECT: Resolution Cancelling Taxes on Property Purchased by Indian River County for Public Purpose A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property purchased by Indian River County: Public Purpose: future stormwater and drainage purposes Location/Description: Part of Parcel 33-40-19-00000-5000-00008.0 Purchased From: Robert E. Hale, a/k/a Robert Hale, and David DeBerry Instrument: Warranty Deed, recorded in Book 3285, Page 34 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser. 189 purchased from Robert E. Hale, a/k/a Robert Hale, and David DeBerry public purpose: for future stormwater and drainage purposes part of tax parcel #33-40-19-00000-5000-00008.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 190 to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, :THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were purchased by Indian River County from Robert E. Hale, a/k/a Robert Hale, an unmarried man, and David DeBerry, a married man, for future stormwater and drainage purposes, are hereby cancelled pursuant to the authorityof section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3285, Page 34, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 7th day of April, 2020. 191 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller. By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 503.83 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 192 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 27, 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# 2020032 — Medical Services for Persons with Special Needs (PSN) Shelter BACKGROUND: On behalf of the Emergency Services Department, sealed bids were requested for providers of temporary health care staffing for the Persons with Special Needs (PSN) shelter during emergency evacuations. The medical staffing will include two nurses (at least one of whom is a Registered Nurse), six Certified Nursing Assistants or Home Health Aides, and one Respiratory Therapist. The term of award is three years, with three one-year extensions available. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Downloaded by: Replies: February 23, 2020 March 20, 2020 165 Vendors 6 Vendors 2 Vendors Firm. Location. Total Hourly Bid Price Creative Solutions Companion Care Service, LLC West Palm Beach $197.00 Response Systems, Inc. Englewood $904.33 ANALYSIS: The Emergency Services Department has recommended award to Creative Solutions Companion Care Service, LLC as the lowest, responsive and responsible bidder. SOURCE OF FUNDS: Expenses incurred for this work are anticipated to be funded through FEMA reimbursement. ( 193 RECOMMENDATION: Staff recommends that the Board award bid 2020032 to Creative Solutions Companion Care Service, LLC, approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Attachment: Sample Agreement 194 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 Creative Solutions Companion Care Service, LLC (hereinafter called PROVIDER). OWNER and PROVIDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK PROVIDER shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Provide fully -staffed medical team(s) in the event of shelter activation to provide round-the-clock coverage at Persons with Special Needs (PSN) Shelter, which includes: two (2) nurses (at least one of whom is a Registered Nurse), Six (6) Certified Nursing Assistants or Home Health Aides, and One (1) Respiratory Therapist. 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: Medical Services for Persons with Special Needs (PSN) Shelter Bid Number: 2020032 Project Address: 8955 85th Street, Sebastian, FL 32958, or other location as determined by FDOH ARTICLE 3 - CONTRACT TERM The term of this award is three years from effective date, with three additional one-year terms available, based on mutual consent and OWNER's determination that renewal is in the best interest of the County. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay PROVIDER for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to the prices stated in PROVIDER's Bid, attached hereto as Exhibit 1. Payment will be made at the total team price bid, even if lower level positions are filled by more highly -qualified providers. 4.02 Failure to provide a fully -qualified and staffed team in accordance with the time requirements above will result in a penalty of $1,000 per day. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Method of Payment 195 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 Office of Emergency Management (OEM) will authorize payment to be made. All payments for services shall be made to the PROVIDER 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 PROVIDER of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the PROVIDER other than claims in stated amounts as may be specifically excepted by the PROVIDER 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 PROVIDER or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION PROVIDER 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 PROVIDER and persons employed or utilized by the PROVIDER in the performance of the Work. ARTICLE 7 - PROVIDER'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement PROVIDER makes the following representations: A. PROVIDER has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. PROVIDER 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. C. PROVIDER 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, during the Contract Term, and in accordance with the other terms and conditions of the Contract Documents. D. PROVIDER 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. E. PROVIDER has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that PROVIDER has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to PROVIDER. F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 196 ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 9 inclusive); (2) Notice(s) to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2020032; (5) Addendum Number 1; (6) PROVIDER'S Bid Form (pages 14 through 15 of 31, inclusive); (7) Drug Free Workplace Form (pages 17 of 31); (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 and 19 of 31); (9) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20 of 31); (10) Certification Regarding Lobbying (page 21 of 31); (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not 197 be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and PROVIDER 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 PROVIDER, 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 Provider shall comply with Florida's Public Records Law. Specifically, the Provider 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 Provider 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 Provider or keep and maintain public records required by the County to perform the service. If the Provider transfers all public records to the County upon completion of the contract, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains 198 public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'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 Provider to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 – FEDERAL CLAUSES 10.01 OWNER and PROVIDER will adhere to the following, as applicable to this work: A. 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 Provider is required to verify that none of the Provider, 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 Provider must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Provider 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 the Florida Department of Emergency Management (FDEM) and Indian River. County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. B. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Providers 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 199 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. C. Access to Records (1) The Provider agrees to provide FDEM, Indian River County, 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 Provider which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Provider 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 Provider 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. D. DHS Seal, Logo, and Flags: The Provider shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. E. 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 Provider will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. F. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Provider, or any other party pertaining to any matter resulting from the contract. G. Program Fraud and False or Fraudulent Statements or Related Acts: The Provider acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Provider's actions pertaining to this contract. H. AFFIRMATIVE STEPS: PROVIDER shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 200 Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by PROVIDER 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 PROVIDER is improperly performing work or violating any provision(s) of the Contract Documents; (2) if PROVIDER 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 PROVIDER'S work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if PROVIDER assigns this Contract or any money accruing thereon or approved thereon; or (5) if PROVIDER 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 PROVIDER or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify PROVIDER in writing of the grounds for termination and provide PROVIDER with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the PROVIDER fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying PROVIDER in writing. Upon receiving such notification, PROVIDER 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 PROVIDER to restore any work sites. D. The PROVIDER shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate PROVIDER's services and work for OWNER's convenience. Upon receipt of notice of such termination PROVIDER 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 Provider 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 PROVIDER as are permitted by the prime contract and approved by the OWNER. Provider shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 201 F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: PROVIDER certifies that it and those related entities of PROVIDER 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, PROVIDER certifies that it and those related entities of PROVIDER 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 PROVIDER 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 PROVIDER, 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 PROVIDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and PROVIDER. All portions of the Contract Documents have been signed or identified by OWNER and PROVIDER or on their behalf. 202 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: PROVIDER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Creative Solutions Companion Care Service, LLC By: (Provider) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If PROVIDER is a corporation or a partnership, attach evidence of authority to sign.) 203 Indian River County, Florida Department of Utility Services Board Memorandum Date: March 25, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance Manager Subject: Amendment to Ground Space Lease Agreement with Cellco Partnership d/b/a Verizon Wireless Descriptions and Conditions: In August 1997, the Indian River County Board of County Commissioners (BCC) entered into a lease agreement with PrimeCo Personal Communications, L.P., now known as Cellco Partnership (Cellco), d/b/a Verizon Wireless (Lessee). The agreement allowed the Lessee to install and operate a communications facility at the Indian River County Department of Utility Services (IRCDUS) elevated tank located at 4690 28th Court (Gifford Tank). In August 2009, the lease was amended to include additional ground space so the Lessee could install a propane generator and tank. In June 2015, the lease was amended a second time to allow for installation of additional equipment on the tank. Analysis: Recently, representatives for Cellco contacted staff with a request to replace their fiber optics going to their equipment at the tank site. Staff has no concerns with the proposed work. No increase in rent is requested at this time. Funding: There is no cost to IRCDUS for this amendment which expires on August 4, 2032. However, IRCDUS will continue to receive revenues from the lease. agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses to provide services to existing customers. The current annual rent from Cellco is $34,249.69. The rent increases four percent per year on its anniversary date of July 15L Description Account Number Amount Radio Tower Rents 471038-362011 $34,249.69 204 Recommendations: Staff recommends the approval of the Third Amendment to Tower and Ground Space Lease for Gifford Water Tower agreement with Cellco Partnership d/b/a Verizon Wireless Elevated and that the Board of County Commissioners authorize the Chairman to execute the lease on their behalf. Attachment: Third Amendment to Tower and Ground Space Lease for Gifford Water Tower 205 THIRD AMENDMENT TO TOWER AND GROUND SPACE LEASE FOR GIFFORD WATER TOWER THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the day of , 2020, to that certain Tower and Ground Space Lease, dated August 5, 1997, as amended, (the "Agreement" ), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Lessor") and Cellco Partnership, D/b/a Verizon Wireless (successor in interest to Verizon Wireless Personal Communications, LP (as assignee), D/b/a Verizon Wireless, whose address is One Verizon Way, Mailstop 4AW160, Basking Ridge, New Jersey, 07920 (the "Lessee"). WHEREAS, on August 5, 1997 Lessor and Lessee's predecessor in interest entered into the Agreement in which Lessor authorized certain use of the Land and Elevated Tank, as set forth more fully therein, which Agreement was amended by that First Amendment to the Tower and Ground Space Lease, dated June 9, 2009; and which was amended by that Second Amendment to the Tower and Ground Space Lease, dated June 23, 2015; WHEREAS, Lessee desires to install additional equipment which equipment is described more fully in Revised Exhibit A attached hereto ("Additional Equipment"); and WHEREAS, Lessor is willing to allow installation of the Additional Equipment, and related use of the Land and Elevated Tank, in accordance with the terms of this Third Amendment, NOW THEREFORE, in consideration of the mutual covenants herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. The Agreement is hereby amended as follows: a. Paragraph 1 of the Agreement is amended to reflect that the Lessee shall have the right to install and operate radio communication equipment, including Additional Equipment as described herein as Revised Exhibit A. b. Contractor shall call for locates before beginning to dig. c. Contractor shall hand dig entire project area inside the fenced area at the tank location. 3. The parties hereby reaffirm their rights and obligations under the Agreement as modified by this Third Amendment. In the event of any inconsistencies between the Agreement and this Third Amendment, the terms of this Third Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of the day and year first above written. [SIGNATURE PAGES FOLLOW] 206 [Corporate Seal] STATE OF COUNTY OF Lessee: Cellco Partnership D/b/a Verizon Wireless By: Kevin Powell As Its: Director — Network Field Engineering On , 2020 before me, a Notary Public, personally appeared , as of Cellco Partnership, D/b/a Verizon Wireless, who executed the foregoing instrument on behalf of said entity. Said person Dis personally known to me, or produced❑to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he) (she) executed same in (his) (her) capacity ad that by (his) (her) signature on the instrument, is the individual or person on behalf of which the individual acted executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] Notary Public, State of Print Name: Serial Number: My commission expires: 207 ATTEST: Jeffrey R. Smith, Clerk of Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Lessor: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Approved by BCC: , 2020 Dylan Reingold, County Attorney 208 Revised Exhibit A [Construction Drawings to Follow] 209 April 1, 2020 Sheriff Deryl Loar Indian River County Sheriff's Office The Honorable Susan Adams, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman Adams: Re: Law Enforcement Trust Fund, County Fund 112 — Special Law Enforcement Dear Chairman Adams: Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for providing additional equipment and may not be used to meet normal operating expenses of the law enforcement agency. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Pursuant to the above statute, I am requesting that $180,000 from our Law Enforcement Trust Fund be used to purchase shotguns, rifles, side -arms, ballistic protection shields and a vessel for the Sheriff's Office. This equipment is essential in the replacement of old, aged out weapons, protective equipment and a vessel for marine patrol. Please place this item under Constitutional Officers for the April 7, 2020 board agenda. If you have any questions or require additional information, please contact Aimee Markford at 978-6159. Sincerely, Deryl Loar, Sheriff DL:nmj cc: Jason E. Brown, County Administrator Kristin Daniels, OMB Director Aimee Markford, Comptroller 4055 41st Avenue • Vero Beach, FL 32960 • (772) 569=6700 • www.iresheriff.org moos 210 TO: FROM: DATE: SUBJECT: The Honorable Members of the Board of County Commissioners Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller March 31, 2020 Notice of CAFR (Comprehensive Annual Financial Report) and PAFR (Popular Annual Financial Report) Completion The County's audit was completed on March 13, 2020 and we are now presenting the CAFR and PAFR to the Board for approval. Both the CAFR and the PAFR are available on the County's (ircgov.com) and the Clerk's (clerk.indian-river.org) websites. The CAFR has been submitted to the Government Finance Officers Association (GFOA) for the Certificate of Achievement for Excellence in Financial Reporting award program, an award it has received for the last 36 years. The PAFR was also submitted to the GFOA for the Award for Outstanding Achievement for Popular Annual Financial Reporting, an award it has received for the last 4 years. Questions regarding the CAFR or PAFR should be directed to the Finance Department at 226-1570. Recommendation We respectfully request the Board of County Commissioners accept the CAFR and PAFR for fiscal year 2018-2019. 211 /o4f INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM:. John W. McCoy, AICP; Chief, Current Development DATE: March 27, 2020 SUBJECT: Magnolia Manor Holdings, LLC's Request for Special Exception and Conceptual Planned Development (PD) Plan Approval for a Project to be known as Magnolia PD [PD -18-11-14 / 2005030306-82553] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 7, 2020. DESCRIPTION & CONDITIONS Schulke, Bittle, and Stoddard, LLC, on behalf of Magnolia Manor Holdings, LLC, is requesting special exception and conceptual planned development (PD) plan approval for a project located on the south side of 4th Street and the east side of 58th Avenue. The applicant is requesting PD approval to obtain waivers (increases or reductions) in minimum lot size, minimum building setbacks, maximum building coverage, and minimum right-of-way width in return for increased project open space areas, larger perimeter setbacks, increased recreation area, a. connected pedestrian path, and restoration of 4th Street pavement. The project, to be built on an abandoned grove, proposes 77 single-family detached homes at an overall density of 2.07 units per acre. In addition to the special exception and conceptual PD plan request now presented to the Board of County Commissions (BCC), the applicant also filed a concurrent preliminary PD plan/plat application which has been approved by the Planning & Zoning Commission (PZC) subject to BCC approval of the subject request. ➢ Planning and Zoning Commission Action At its meeting of February 27, 2020, the Planning & Zoning Commission voted 5-0 to grant preliminary PD plan approval subject to BCC approval of the special exception and conceptual PD plan, and to recommend approval of the special exception and conceptual PD plan with the conditions recommended by staff. The Board is now to consider the request and approve, approve with conditions, or deny the request. 212 ➢ PD Project Process The process involved in review and approval of the subject PD application is as follows: Approval Needed Reviewing Body 1. Conceptual PD Plan/Special Exception PZC & BCC 2. Preliminary PD Plan/Plat PZC 3. Land Development Permit (LDP) Staff 4. Final PD (plat) BCC At this time, the applicant is pursuing approval of Steps 1 and 2. If approved by the BCC, the special exception, conceptual PD plan, and preliminary PD plan/plat will all be approved and in effect. ANALYSIS 1. PD Area: 37.14 acres 2. Zoning Classification: RS -3, Residential Single -Family (up to 3 units per acre) 3. Land Use Designation: L-1, Low Density Residential -1 (up to 3 units per acre) 4. Residential Units: 77 Single -Family Detached Units 5. Density: Proposed: 2.07 units per acre Maximum Allowed: 3.00 units per acre 6. Open Space: Required: 40.0% Provided: 48.8% Note: The open space calculation includes large common open space/recreation tracts located adjacent to the perimeter landscape tracts, and a portion of the project's stormwater lakes. Consistent with the LDRs, only 30% of the required open space can be water area, consequently only 4.46 acres of the 10.37 acres of lake area are included in 48.8% of creditable open space. If the entire lake area is credited, the effective open space percentage is 64.70%. 7. Project Phasing: The project will be constructed in two phases, with Phase 1 (38 lots) being approximately the west half of the site and Phase 2 (39 lots) being the east half of the site. 8. Utilities: The project will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these utility provisions. 9. Stormwater Management: The Public Works Department has approved the conceptual stormwater management plan and will review the detailed stormwater management plan with the land development permit (LDP). The stormwater management system includes a modified Miami curb street design and two wet stormwater management tractsto manage runoff generated from the project. 213 10. Traffic Circulation: Access to the proposed development will be provided from 4th Street by a full -movement, two-way gated connection. Traffic Engineering and Fire Prevention staff have reviewed and approved the internal circulation plan and the connection to 4th Street. A traffic impact analysis has been reviewed and approved by the Traffic Engineering Division with no off-site improvements required. As part of the PD and development related improvements, the applicant is required to restore the 4th Street pavement along this project's 4th Street frontage that was not repaved with the 58th Avenue/4th Street bridge replacement. The 4th Street restoration will include milling and repaving the subject section of 4th Street to current county standards, and the final restoration details will be reviewed with the project's LDP. 11. Required Dedications and Improvements: a. 4th Street Right -Of -Way Dedication: No thoroughfare plan right-of-way is required for 4th Street from this site since the site is located on the southside of the Indian River Farms Water Control District (IRFWCD) canal. b. 4rh Street Sidewalk: No sidewalk is required along the project's 4th Street frontage since the site is located on the south side of the IRFWCD canal. c. Off -Site Traffic Improvements: As noted in section 10 of this staff report, the applicant is required to restore the 4th Street pavement prior to the issuance of a certificate of completion for Phase 1. d Internal Sidewalks: Four -foot wide internal sidewalks are required and proposed along both sides of the project's internal streets. In addition, the applicant will provide a gated pedestrian connection to the development to the south (Orchard Park PD). The connection will need to be constructed prior to issuance of a certificate of completion for Phase 1. All sidewalks will be included in the project's LDP, and will need to be constructed along the frontage of common areas and individual lots in accordance with the requirements of subdivision ordinance section 913.09(5)(b)2. e. Streetlights: Streetlights are required and will be maintained by a property owners' association. The proposed streetlight locations are depicted on the preliminary PD plan/plat. Final design of the streetlights will be reviewed with the project's LDP. 12. Landscaping & Buffering: Buffering is required and proposed as follows: Perimeter Adjacent Use/Condition Buffer Type & Width Opaque Feature North 4th Street, Single -Family Homes, Vacant Parcel Type "B" / 25' wide 6' landscape* East Stonebridge Subdivision Type "B" / 25' wide 6' combination berm/landscape South Orchard Park PD, 1st Street SW Type "B" / 25' wide 6' combination berm/landscape West (south half) Lateral "B" Canal & 58th Avenue / Adjacent properties are located within the Urban Service Area Type "B" / 25' wide 6' combination berm/landscape 214 Perimeter Adjacent Use/Condition Buffer Type & Width Opaque Feature West (north half) Lateral "B" Canal & 58th Avenue / Adjacent properties are located outside of the Urban Service Area Type "B"/ 50'wide 6' combination berm/landscape *Note: The north property line buffer will preserve as much existing vegetation as possible and provide supplemental landscape material to achieve the required buffer and 6' opaque feature. The preliminary landscape plan meets the criteria in Chapter 926. Prior to issuance of an LDP, the applicant will need to submit and obtain Planning staff approval of a final landscape and buffer plan. 13. Waivers for Single -Family Lots: The following waivers are proposed for this PD project: a. Lot Size: The PD plan proposes to reduce the minimum lot size standard from 12,000 square feet (the RS -3 minimum) to 7,800 square feet. b. Lot Width: The PD plan proposes to reduce the minimum lot width standard from 80 feet to 65 feet. c. Building Setbacks: The proposed PD plan proposes to reduce the front yard setback for lots with a front entry garage from 25' to 15' to a porch, 20' to living area, and 23' to a garage. For side entry garages the PD plan proposes to reduce the front yard setback from 25' to 13' for side entry garages and 20' to living area. The side setbacks are proposed to be reduce from 15' to 7.5', while the rear setback is proposed to be reduced from 25' to 20'. In addition, the rear setback for pools, decks, and screen enclosures is proposed to be reduced from 10' to 5'. d. Maximum Building Coverage: The PD plan proposes to increase the maximum building coverage from 30% to 45% for all lots. This allows a maximum building footprint of 3,510 square feet. For comparison, a standard RS -3, 12,000 square foot lot permits a maximum building footprint of 3,600 square feet. e. Minimum Open Space Per Lot: The PD plan proposes to reduce the minimum open space per lot from 40% to 30%. The overall project open space will exceed 40% as explained in section 6 of the staff report. f Right -of -Way Width: The PD plan proposes to reduce the minimum right-of-way width from 50 feet to 48 feet. A 10 -foot wide drainage and utility easement will be established across the front of all proposed lots, which creates a 68' wide utility and drainage corridor. These requested waivers are mitigated by proposed landscape buffers, increased perimeter setbacks, and increased common open space areas provided within the project. The following chart summarizes the proposed waivers: 215 Development Parameter RS -3 Minimum Standards Proposed Minimum PD Standards Front Entry Garage Side Entry Garage Lot Size 12,000 sq. ft. 7,800 sq. ft. 7,800 sq. ft. Lot Width 80' 65' 65' Building Setbacks - Front: 25' 15' porch/20' living/23' garage 13' garage/20' living Side: 15' 7.5' 7.5' Rear: 25' 20'* 20' Maximum Building Coverage 30% 45% 45% Minimum Open Space Per Lot 40% 30%* 30%* Right -Of -Way Width 50' 48' with 10' easements *Notes: 1. The rear setback for pools, decks, and screen enclosures is reduced from 10' to 5' 2. Overall project open space will exceed 40% with more open space incorporated in the common areas. 14. Environmental Issues: a. Wetlands: The environmental assessment for the project site did not find any jurisdictional wetlands on the site. This finding needs to be confirmed by the St. John's River Water Management District prior to issuance of an LDP. b. Uplands: Since the site is over five acres, the County's native upland set-aside requirement potentially applies. Because the site was previously cleared for agricultural use, there are no existing native uplands. Therefore, no native upland set-aside requirements apply to the proposed development. c. Tree Preservation: While the site is a former citrus grove, there are a number of protected and specimen trees on site. Removal of any of the specimen trees will require mitigation. The applicant must obtain approval of a final tree protection and tree mitigation plan prior to issuance of an LDP. 15. Public Benefits: To obtain PD approval for this project, the applicant is proposing the following public benefits: a. Increased recreation area (2.79 acres required with 3.68 acres provided) with a pavilion and looped walking path. b. Pedestrian connection to the development to the south (Orchard Park PD). c. Increased home setback from the east and west project perimeters. 216 d. The project design provides 48.8% of total project open space, versus the minimum RS -3 requirement of 40%. e. Restore 4th Street pavement along the project's frontage. 16. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity is available to serve this project. The developer will be required to obtain final concurrency certificates prior to issuance of building permits, in accordance with County concurrency regulations. 17. Surrounding Land Use and Zoning: North: 4th Street, Single -Family Home, Vacant Parcel / A-1 East: Stonebridge Subdivision / RS .3 South: Orchard Park PD / RS -3 West: Lateral "B" Canal, 58th Avenue / RS -1, A-1 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Based on the above analysis, staff recommends that the BCC grant special exception and conceptual PD (Planned Development) approval with the following conditions: 1. Prior to issuance of a land development permit, the applicant shall: a. Obtain Planning staff approval of a final landscape and buffer plan. b. Obtain Planning staff approval of the final streetlighting design. c. Obtain Public Works approval of a right-of-way permit for the 4th Street pavement restoration. d. Obtain Planning staff approval for the tree mitigation plan. e. Obtain a wetlands determination from St. John's River Water Management District. 2. Prior to or via the final plat process, the applicant shall: a. Construct or bond -out the required landscape buffers. b. Construct or bond -out the required project streetlighting. 3. Prior to issuance of a certificate of completion for Phase 1, the applicant shall: a. Construct the pavement restoration for 4th Street. b. Construct the gated pedestrian connection to Orchard Park PD. 4. Prior to issuance of a certificate of completion for each respective phase, the applicant shall: a. Install all required perimeter buffers and project landscape improvements for that phase. b. Install all required project streetlighting for that phase. 5. Internal sidewalks shall be constructed along the frontage of common areas and individual lots in accordance with Section 913.09(5)(b)2. of the County LDRs. 217 ATTACHMENTS 1. Location Map 2. Planning and Zoning Minutes 3. Aerial 4. Conceptual/Preliminary PD Plan 5. Landscape Plan 218 between Old Dixie Highway and 58th Avenue. Stoneridge, LLC, Owner. Wantman Group, Inc., Agent. Zoning: RS -6, Residential Single -Family (up to . six units per acre). Land Use Designation: L-2, Low Density Residential -2 (up to six units per acre). Density: 2.58 units per acre. (SD - 19 -05-02 / 2004110052-83811) [Quasi -Judicial] Chairperson Mr. Todd Brognano asked the Commissioners to reveal any ex - parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. 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. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the request for preliminary plat approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission grant preliminary plat approval for Bridge Creek with conditions stated in the staff report and proceeded to answer questions from the Commissioners regarding the proposed project. Mr. Phil Matson, Community Development Director, clarified details of the project with regard to traffic. Representative for the Applicant, Mr. Joseph Paladin, President of Black Swan Consulting and Management Corporation, offered to answer questions regarding the proposed development. ON MOTION BY Ms. Beth Mitchell, SECONDED BY Mr. Alan Polackwich Sr., the members voted unanimously (5-0) to approve staff recommendations on this Quasi -Judicial matter. Public Hearings Chairperson Mr. Todd Brognano read the following into the record: A. Magnolia PD: Request for conceptual special exception planned development (PD) plan approval and concurrent preliminary PD plan/plat approval for a 77 single-family detached home planned development to be known as Magnolia PD. Located on the south side of Fourth Street and the east side of 58th Avenue. Magnolia Manor 220 Holdings, LLC, Owner. Schulke, Bittle & Stoddard, LLC, agent. Zoning: RS -3, Residential Single -Family .(up to three units per acre). Land Use Designation: L-1, Low Density Residential -1 (up to three units per acre). Density: 2.07 units per acre. (PD -18-11-14 / 2005030306-82553) [Quasi -Judicial] Chairperson Mr. Todd Brognano asked the Commissioners to reveal any ex - parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. 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. John McCoy, Chief of Current Development, reviewed information regarding the request for conceptual special exception PD plan approval and concurrent preliminary PD plan/plat approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners recommend that the BCC approve the conceptual special exception PD plan approval and concurrent preliminary PD plan/plat for Magnolia PD with the conditions listed in the staff report and proceeded to answer questions from the Commissioners regarding the proposed project. Chairperson Mr. Todd Brognano opened the public hearing. Mr. Chuck Mechling, Representative for the Applicant, clarified details of the proposed development. The secretary administered the testimonial oath to Ms. Lamarre Notargiacomo who wished to speak at tonight's meeting on this matter but had failed to swear in earlier in the meeting. Ms. Notargiacomo, resident of Cypress Lake subdivision, communicated her frustrations regarding the proposed project with regard to traffic congestion in the area. The secretary administered the testimonial oath to Mr. Jim Jontz who wished to speak at tonight's meeting on this matter but had failed to swear in earlier in the meeting. Mr.Jontz inquired as to the landscape property separation, drainage changes and pepper tree removal between the proposed project and Stonebridge, of which he is a resident. Mr. Jodah Bittle of Schulke, Bittle & Stoddard, LLC described the proposed drainage easements of the proposed project. 221 The secretary administered the testimonial oath to Mr. Richard Notargiacomo who wished to speak at tonight's meeting on this matter but had failed to swear in earlier in the meeting. As a resident of the neighboring Cypress Lake subdivision, Mr. Notargiacomo conveyed his displeasure of the potential increased traffic as well as the lack of sidewalks around of the proposed project. Mr. Phil Matson, Community Development Director, clarified details of the proposed project with regard to sidewalks. Chairperson Todd Brognano closed the public hearing. ON MOTION BY Mr. Chip Landers, SECONDED BY Ms. Beth Mitchell, the members voted unanimously (5-0) to approve staff recommendations on this Quasi -Judicial matter. Commissioner's Matters There were none. Planning Matters Mr. John McCoy, Chief of Current Development, advised that the next scheduled meeting on March 12, 2020 will likely occur and advised the Board that the newly appointed District 5 Appointee is Mr. Harry Howle. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 8:12 p.m. 222 L ,..0 '}J a_y^ ":.-1 N 0 0 0 r. t ` U) i'4 0 sp .. .w :, . ) *6 m } ,' c ��++}} • Y ; ` X4[1 I 11`s "'� 2 el -v..23 or roma IVA 58TH AVENUE (KINGS HIGHWAY) 130' R/W WIDTH ▪ 1 �' I 1 1 r ---moi i --i 4111 1 1 . 1 115 11 1 5 I . E ' J e e1j • (f)ta,, y, r ] H r WN .1P'. : : r _{. N p, r'''' W Worth } p • r I. I �F I. ty1 I I I 5 �h 5 —t1— — — F--7 I I i5 5 I 1 I I I 7 1TAt • J P. 7 5 , 15 f . 1 ^ L• 5 L J it r--4.----, l 1 a 1 11 5 1 1'41 I) ..., L-- ....I __1 ,-------„-n, 1 R I 1 5 11 11,11, L. .....1 � __1 Is I 5 11 1—__J I„ I Q 5 L.__I.:: jj _-'i 1 j1 .A, 11'A Sj i L --..J I 1 I � I 11'R 1s'S E1 11 11 ..-J i� 1 1 1;5:4 1 I-- —../ 1. �-1. 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Magnolia Planned Development Special Exception and Conceptual PD Plan Board of County Commissioners April 7, 2020 Planned Development (PD) Process Conceptual PD Plan PZC Recommendation 1 BCC Approval Preliminary PD Plan/Plat PZC Approval •Land Development Permit (LDP) or Waiver reviewed and approved by staff •Final PD Plan/Plat is approved by BCC 2 2Z5-1 04/07/2020 10.A.1. Planning and Zoning Commission Action • At its February 27th meeting, the PZC voted 5-0 to grant preliminary PD plan/plat approval, and to recommend that the BCC grant special exception and conceptual PD plan approval with staff recommended conditions 3 Location Map • RS:3 A>1 4th Street A•l A.1 A-1 1 A=1 RS -1 Rs -1 iu RS -3 Subject Site Zoned: RS -3 3 RS -3 RS -3 R3.3 04/07/2020 10.A.1. 225 - 3 04/07/2020 10.A.1. Proposed Development • 37.14 acres • 77 single-family units/ 2.07 units/acre • Increases or reductions in minimum lot size, minimum building setbacks, maximum building coverage, and minimum right-of- way width • Increased project open space areas, larger perimeter setbacks, increased recreation area, a connected pedestrian path, and restoration of 4th Street pavement 7 Phase 1 Conceptual PD Plan .'9 ' Lake Area Clustered littoral planting Phase 2 0 8 225.4 5 fall .'9 ' Lake Area Clustered littoral planting Phase 2 0 8 225.4 04/07/2020 10.A.1. PD Waivers Development Parameter RS -3 Minimum Standards Proposed Minimum PD Standards Front Entry Garage Side Entry Garage Lot Size 12,000 sq. ft. 7,800 sq. ft. 7,800 sq. ft. Lot Width 80' 65' 65' Building Setbacks Front: 25' 15' porch/20' Iiving/23' garage 13' garage/20' living Side: 15' 7.5' 7.5' Rear: 25' 20'1 20'• Maximum Building Coverage 30% 45% 45% MiniMum OpG° Space Per Lot 40% 30%• 30%* Right -Of -Way Width 50' 48' with 10' easements 9 Restore Portion of 4th Street Paving Traffic Circulation Plan .�_ T .1: it Vii, I i;s. sti'II!•i lII<s, i • Hi , 11s L j is 11 5-v" i... I —1 1t 1 { yy 1 ;! ii ys_ IIi D' 4 - i_„ ---ll 11 u Ij--, 1 I 1-] t i rig �.II -s 1 1- -.; I -J i i jl 11 i� t-- 4 Ji-�i° '''"11111 `j -1 111 ",._-/;11111 FL 1 31 I1 5 Ills Iii IIS j! Full Movement Gated Entry Internal Sidewalk Looped Pedestrian System Tract with Pedestrian Connection to south 0 1.4 0 22-5 -5 04/07/2020 10.A.1. Dedications, Improvements, & Conditions • 4th Street Restoration • Internal Sidewalks with connection to south • Streetlights • Landscape/Buffer & Tree Mitigation Plan • Jurisdictional Wetland Determination 11 50' Wide Type B Buffer w/6' opaque feature 25' Wide Type B Buffer w/opaque feature Landscape & Buffering Plan S kr"— -- r: 25' Wide Type B Buffer w/ 6' opaque feature 12 22S-6 ! , 1 i! 1 1 1+ - 9Y1� S l 15 . `i ; _rjI' l l;lll lJll 1 If 11 ! 1 1 1 I i 1. F a i i j1 I ... Tz"j' I s i 1 J .1 a L— i — .�-J. r+ ji `s;� — f � i yy aA IMI 25' Wide Type B Buffer w/ 6' opaque feature 12 22S-6 04/07/2020 10.A.1. Public Benefits • Increased recreation area • Pedestrian connection to development to the south • Increased home setback from east and west perimeters • Provide 48.8% of total project open space vs. minimum 40% • Restore 4th Street pavement along project frontage 13 Staff Recommendation That the BCC grant special exception and conceptual PD plan approval for the Magnolia PD with the conditions listed in staff's report: • Final streetlighting design • Final landscape, buffer, and tree mitigation plans • Wetlands determination from St. John's River Water Management District • 4th Street pavement restoration • Gated pedestrian connection to Orchard Park PD • Internal sidewalks 14 225-7 Indian River County Planning 1801 27th Street Vero Beach, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero 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 22, 2020 Subscribe cfti;aytri sworn to before on March 30, 2020: uv. (":i}_f .r.)c_4. -� Notary. State of WI, County of Brown I -ARA MONDLOCH Notary Public: State of Wisconsin My commission expires: August 6, 2021 Publication Cost: 5189 00 Ad No: GC10390336 Customer No: 463755 PO#: PART',0 TtiE.USA TODAY NETWORK Indian River Press Journal M� 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION TCPALM.COM 1 SUNDAY. MARCH 22, 2020 1 21A 90 arrests made for illegal saw palmetto berry harvesting in 2019 Max Chesnes Treasure Coast Newspapers FLTODAY NETWORK - ORIOA A permitting process meant to eluninate the il- legal harvest of native saw palmetto bevies and shrink the black market has left many non -permit- ted harvesters with mis- demeanor charges and $500 fines. In 2018, palmetto ber- ries etries were officially desig- nated as "commercially exploited,"leaving harves- ters and buyers struggling to leam a newly instated law while state Depart- ment of Agriculture work- ers filed hundreds of rushed applications for the legal harvest. One year after the hasty permitting process took effect, a regional surge of arrests were made during the most re- cent 2019 harvesting sea- son. As the berries ripened and harvesters rushed 10 get the fruit, those without permits — whether they were aware of the new permitting process or not were arrested and charged with the illegal harvest of the native plant. Arrest records from three law enforcement agencies show 90 palmet- to berry pickers along the Treasure Coast were ar- rested and charged with illegally harvesting the plant without a penult be- tween Aug. 1 and Nov. 30. Of those arrests, 90 percent took place within Martin County lines. The berry harvesting season, which unofficially nuns from August through November if climate per- mits the plants to boom, nets upwards of 50 million pounds of berries in the United States each year, according to Valensa In- ternational, a leading ber- ry extract manufacturer. Larry McCarty, senior vice president of produc- tion and supply chain for the Lake County compa- ny, said 80 percent of those bevies are exported to other countries. The berries' main use is for prostate and urinary health, McCarty said. In some countries, there are saw palmetto extract brands that are treated as an herbal medicine and require a prescription. "It is a Florida treasure," McCarty said. "Saw pal- metto oil extract is one of the most studied botan- icals in the world." The law to require a permit for the harvest of saw palmetto berries took effect July 2018. "Any person desiring to harvest one or more plants... shall file with the Scott Connell (center), of Jensen Beach, dumps a bucket of saw palmetto berries into a bin to be weighed at Saw Palmetto of South Florida Thursday, Aug. 23, 2018 in Indiantown. Connell and fellow picker Jimmy Parker (left) harvested the 578 pounds of berries the night before and that morning before heading to the buyer. "This year's crop is turning out to be pretty poor," Connell said. "Last year was great. I was bringing in 1,000 pounds a day." This year, harvesters are required to get a permit from the Florida Department of Agriculture. PATRICK DOVE/TCPAI M Division of Plant Industry a Request for Permit to Harvest Endangered or Commercially Exploited Plants," according 10 Flori- da Administrative Code 5B-40. On the permit application itself, harves- ters must classify the quantity of plants expect- ed to be gathered, names of property owners ap- proving access to the har- vest and whether the har- vest will be used for re- search purposes. "For the professionals involved in the saw pal- metto industry, the per- mitting process is simply a necessary formality," McCarty said. "It has not impacted the industry on the supply of berries avail- able over the season." Martin County During a four-month period from Aug. 1 to Nov. 30, a total 81 arrests were made in Martin County because of or relating to the Illegal harvest of saw palmetto berries, accord- ing to arrest data obtained from the Martin County Sheriff's Office. Of the 81 arrests, 70 were in violation of Flori- da Statute 581.185, the ar- rest data shows. This Florida law makes it illegal to "harvest three or more of such plants without first obtaining permission from the land- owner or the legal repre- sentative of the landown- er and a permit from the department:' The other 11 arrests were made in violation of Florida Statute 258.008, according to the Sheriff's Office data. This statute echoes the permit requirement, but adds the caveat that har- vesting cannot be done on Florida State Parks and t act Windows STARTING AT MONTHS NO INTEREST -r-' WINDOWS • INSULATED SIDING • ENTRY DOORS • PATIO DOORS SHUTTERS • TRIM • HURRICANE PROTECTION 321.637-1533 • WindowWorldSpaceCoast.com Showroom: 2298 Rockledge Blvd., Rockledge PROUDLY SERVING THESE COUNTIES WITH FREE NO -OBLIGATION IN-HOME ESTIMATES: Brevard • Hagler' • Indian River • (palls on Lake' Orange' • Osceola' • Seminole' • Volaia' Drs. Jennifer Loar Sc Lynn Johnson Sonrd Certified Optometric Physician= Please Direct All Appointment Calk to 589-8654 Meditate e, Blue Cass/Blue Shield Pmviaer ANNUAL SUPPLY 1 OF BIOTRUE ONEDAY I LENSES FOR MONDAY TO FRIDAY: 9-6PM • SATURDAY: 9-5PM ,.t 7783 144th Street, Sebastian FL 32955 CareCredit Visit 05 at OceanViewsOptical.cnm ervvvwrm.a-.-rw+w, a 1ery,rennn+VumOiimCAmaialta anyiscaAraTnanNailaurvdImrne .�urMrnvn a,mm,mn Reserves. The 11 arrests were issued against har- vesters on preserved land. Along with a misde- meanor, a $500 fine was often imposed against the harvester. St. Lucie County Among the three Trea- sure Coast counties, St. Lucie County had the few- est harvesting arrests dur- ing the 2019 harvesting season. Far fewer, in fact. Just a single arrest. The sole Aug. 15 arrest involved a 34 -year-old Ve- ro Beach man who was found harvesting palmet- to berries on the side of Turnpike Feeder Road in Fort Pierce, according to the only St. Lucie County Sheriff's Office arrest affi- davit provided to TCPatm. The man was charged with the possession of a plant without a permit in violation of Statute 581, according to the affidavit. He posted a $500 bond. Indian River County Fellsmere Police Chief Keith Touchberry said vendors frequently sell the berries within city lim- its and there is an active economy for their harvest. Nobody without a per- mit should be harvesting the berries, he added. "If the amount of ber- ries is Urge enough, you can get a felony for har- vesting;' Touchberry add- ed. "This should serve as an advisory to both the harvesters and the general public." If you don't have a per- mit, Touchberry warned, don't touch the berries. But Indian River Coun- ty — an active region for the buying and selling of the crop —saw few arrests in the 2019 harvesting sea- son. Only eight arrests were made. All eight of those ar- rests were men, the data shows. Three were listed as homeless. Fellsmere has 420 acres of vacant city - owned land, Touchberry said. One way to mitigate the amount of illegal harvest- ing is to crock down on buyers who are not asking for proof of permits when purchasing the berries, Touchberry said. Any measure to track and record the purchases would act a5 a deterrent to the illegal harvesting, he added. "Ithinkthe point of sale process needs t0 he more controlled," Touchberry said. "If the berry buyers are not asking for permits, we will continue to have a black market" Max Chesnes is a TCPaten breaking news re- porter for Indian River Comity. You can keep up with Max an Twitter @MaxChesnes and give him a call at 772-978- 2224. NOTICE OF PUBLIC HEARING— PLANNED DEVELOPMENT REQUEST Notice or Rearing to consider pmnting conceptual PD plan special exception approval. The subject 01 Me hearing Ie a proposal by Magnolia Manor Holdings. LLC to develop a project to be known as Magnolia PD. The prosect p,opos.. 17 64g4-Inmla0 ,nsidontial bis on approximatey37.16 acres. located on the southeast comer of 4th Street and Sets Avenue neo location map). A public hearing. at 05511 parties in Interest an, citizens shell have an opportunity to be heard. will be held by the Boa. of County Commissioners of Indian Riva, county. Florida, In the County Commission Chambers of the County Administration Building, located at 1801 27th Street Vero Beach, Forst on Tuesday. Apd 7. 2020 at 9e0 a.m. Please direct panning -related questions to the current developmem planning section at 702-226-1237. NI documents pertaining to this inquest are en file in e Indian RawCounty Planning DMsnn, located at M 601 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by member of the pub& during normal business hours. An members of the public are invited to attend end padkipate in the pudic heenrg. Anyone who may wish to appeal any decision, which may be made at meeting. wail need to ensure that a verbatim record of the proceedings a made. whNh includes testimony and evidence upon which the appeal Is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WfTN DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 46 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- 5usin Adams. Chairman E.G TIMATE: E. 7 Bridges: The Ultimate EAGLES Experience transports you to an Eagles concert In a way no other band can, with every show featuring one brilliant hit single after another. 7 Bridges combines Incredible musicianship, vocal precision, and a stage presence that has garnered them nationwide acclaim. • Sunday, March 29, 2020.7:00 PM PORT ST. LUCIE CIVIC CENTER 92210SE Civic Center Place, Port St. Lucie, FL 34952 BUY YOUR TICKETS TODAY ONLINE OR BY PHONE m(_,._'..I'Lu 1-800-514-3849 or 772-807-4488 SUN EVENTS .CON Additional fees may apply. All sales final. Call for special needs seating or group rates. 225-� NOTICE OF PUBLIC NEARING - PLANED DEVELOPMENT REQUEST Notice of hearing to consider granting conceptual PD plan and special exception approval. The subject of the hearing is a proposal by Magnolia Manor Holdings, LLC to develop a project to be known as Magnolia PD. The project proposes 77 single-family residential Tots on approximately 37.18 acres, located on the southeast corner of 4th Street and 58th Avenue (see location map). A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Chambers of the County Administration Building, located at 1801 27th Street, Vero Beach, Florida on Tuesday, April 7, 2020 at 9:00 a.m. Please direct planning -related questions to the current development planning section at 772-226-1237. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Administration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Susan Adams, Chairman RF3 A-] Al Y< i RS .4 1 Q 114 143 111-3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: March 16, 2020 SUBJECT: Michael & Jill Bentley's Request for Abandonment of a 30' Wide Portion of an 80' Right -of -Way for 4th Avenue SE, Adjacent to Lot 1, Unit 3 of the River Shores Estates Subdivision [ROWA-19-02-01 / 2001100164-83290] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 7, 2020. DESCRIPTION AND CONDITIONS: Michael & Jill Bentley are requesting abandonment of a 30' wide portion of a 80' right-of-way for 4th Avenue SE, adjacent to Lot 1, Unit 3 of River Shores Estates Subdivision. The 80' wide portion of 4th Avenue SE stubs out to an FDOT drainage canal right-of-way which runs between the River Shores Estates Subdivision and Grove Isles to the south of the FDOT drainage canal. While the 80' wide by 125' long segment of right-of-way will not be improved to provide a vehicular connection between the two developments, there are existing utility improvements (aerial pole line) and drainage improvements within the right-of-way. Those improvements will remain "as - is", and will be protected by retaining drainage and utility easements over appropriate areas of the right-of-way. Currently, the applicant owns the abutting lot (Lot 1,. Unit 3 of the River Shores Estates), and the subject abandonment request includes only thatportion of the existing right-of-way that immediately abuts the applicant's lot. The applicant's request is limited to a 30' wide strip immediately adjacent to the west line of Lot 1, Unit 3 of the River Shores Estates Subdivision. This portion of 4th Avenue SE is 80'wide. If the 30' width is abandoned, the width of the remaining right-of-way will be 50' with the abandoned 30' covered by a drainage and utility easement. As required by the County land development regulations (LDRs), prior to the Technical Review Committee (TRC) meeting at which the subject petition was reviewed, staff notified by mail each property owner adjacent to the subject right-of-way. No questions or responses were received from any adjacent property owners. Additionally, all County divisions and utility providers having jurisdiction or potential interests have reviewed the abandonment request and support the request with the condition that a public drainage and utility easement be retained over the area requested to be abandoned. At this time, the applicant requests that the subject portion of right-of-way be abandoned. 226 ANALYSIS: Consistent with guidelines established by the Board of County Commissioners, this petition was reviewed by all County divisions and utility providers having jurisdiction or potential interests within the subject 30' wide segment of right-of-way. Upon review, all reviewing departments recommended approval or conditional approval, tosupport the request . for abandonment, conditioned on retaining a public drainage and utility easement over the entire 30' wide segment of existing right-of-way. Therefore, the proposed abandonment resolution has been structured to retain the requested easement, and all departments support the request for abandonment subject to the easement. If approved, the abandonment request . will increase the buildable area for the applicant's abutting lot, since the easement area will fulfill the setback required. In addition, minor structures such as fences and sheds can be constructed in the easement area subject to approval through the declaration of covenant process. As noted on the County Thoroughfare Plan, the subject right-of-way is not part of the County's major roadway system and is not needed for the thoroughfare system or for traffic circulation in the surrounding neighborhood. In this case, the subject right-of-way does not provide primary access to any property. The abandonment will not affect the right of convenient access to any surrounding properties. Also, the County Attorney's. Office has reviewed and approved the attached abandonment resolution for legal form and sufficiency. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way but retain a public drainage and utility easement over the area of abandonment, and authorize the chairman to execute the attached abandonment resolution, with the following condition: 1. A public drainage and utility easement shall be retained over the entire area being abandoned. ATTACHMENTS: 1. Location Map 2. Abandonment Resolution 227 3SAVHIP 8 8 8 8 8 U RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE CLOSING, ABANDONMENT, VACATION AND DISCONTINUANCE OF A 30' WIDE PORTION OF A 80' RIGHT-OF-WAY FOR 4TH AVENUE SE LYING SOUTH OF 12TH PLACE SE RIVER SHORES ESTATES PER INDIAN RIVER COUNTY PLAT BOOK 7, PAGE 32, AND ADJACENT TO THE WEST PROPERTY LINE OF LOT 1, UNIT 3 OF THE RIVER SHORES ESTATES. SUBDIVISION, PER INDIAN RIVER COUNTY PLAT BOOK 7, PAGE 55, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, WITH RETAINAGE OF A PUBLIC DRAINAGE AND UTILITY EASEMENT OVER THE ENTIRE AREA. WHEREAS, Indian River County originally received a duly executed and documented petition from Michael & Jill Bentley on November 27, 2018, requesting that the County close, vacate, abandon, discontinue, renounce and disclaim any right, title and interest of the County and the public in and to a 30' wide portion of a 80' right-of-way for 4th Avenue SE lying south of 12th Place SE River Shores Estates Indian River County Plat Book 7, Page 32, and adjacent to the west property line of lot 1, unit 3 of the River Shores Estates subdivision, Indian River County Plat Book 7, Page 55, of the Public Records of Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 336.10, notice of a public hearing to consider said petition was duly published; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the Board finds that the subject right- of-way is not located within any municipality, not necessary for continuity of the County's street and thoroughfare network, and does not provide exclusive access to any private property. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. All right, title and interest of the County and the public in and to that certain right-of-way segment more particularly described as follows: THE EAST 30.00 FEET OF 4TH AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF 12TH PLACE S.E., RIVER SHORES ESTATES UNIT 1, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 07, PAGE 32 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. AND THAT PORTION OF 4TH AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF 12TH PLACE S.E. RIVER SHORES ESTATES UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 07, PAGE 55 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.37 ACRES MORE OR LESS 229 Lying and being in Indian River County, Florida, is hereby forever closed, abandoned, renounced, disclaimed, and vacated except that a public drainage and utility easement shall be retained over the entire area (see attached Exhibit A). 2. The closing, vacation, : and abandonment of this segment of public right-of-way is in the best interests of the public. 3. Notice of the adoption of this resolution shall be forthwith published once within thirty (30) days from the date of adoption hereof. 4. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 336.10 in the Official Record Books of Indian River County without undue delay. 5. The subject right-of-way shall revert entirely to and be combined with Lot 1 Unit 3 of the River Shores. Estates Subdivision Plat Book 7, Page 55, subject to a public drainage and utility easement over the entire area. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner. Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Susan Adams, Chairman 230 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2020. APPROVED AS TO LEGAL SUFFICIENCY BY: Notary Public Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Phillip J. Matson, AICP, Community Development Depaiuuent 231 (LEGAL DESCRIPTION' THE EAST 30.00 FEET OF' 4TH AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF 12TH PLACE 5.E.. RIVER SHORES ESTATES UNIT 1. ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PLAT BOOK 07. PAGE 32 OF THE PUBLIC RECORDS OF INDIAN RIVER CO.. FLORIDA. AND THAT PORTION OF 4T11 AVENUE S.E. (UNIMPROVED ROAD RIGHT OF WAY) LYING SOUTH OF 12TH PLACE 5.E. RIVER SHORES ESTATES UNIT 3. ACCORDING TO THE PLAT THEREOF A5 RECORDED IN PLAT BOOK 07. PAGE 55 OF THE PUBLIC RECORDS OF INDIAN RIVER CO., FLORIDA. SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.37 ACRES MORE OR LESS 1- z '-r5 �N a co 1— o W(LH W �C) oc m o1- Ln OL LU i 75.07 54.93' 12Tf t PLACE S.E. CGO' R/W ) 4(9 w3 a w0 0 ri L.OT 1 5. R/W LINE OF 12711 PLACE S.E. R=25.00'CN.R.) L=39.20' D=89°51'00' 0 RIVER SHORES ESTATES. OW � W 50.00' SOUTH LIMITS OF PLAT 3000' WILLIAM E. H�',/' 4(JRST PROFESSIONAL_ SURVE R a MAPPER FLORIDA REGISTRATION NO 4416 PH 7, PG. 55 CANAL 'P' E50' CANAL R/W) STATE ROAD OUTFALL DITCH PER FLORIDA DEPARTMENT OF TRANSPORTATION Z'1 Z 2 0 R/W MAP SECTION 56010-2504 UNIT 3 SOUTH LIMITS OF PLAT DATE STGNED THIS DRAWING AND COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCENSED SURVEYOR AND MAPPER. HAYHURST LAND SURVEYING INC. CERTIFICATE OF AUTHORMATION NUMBER OZ. 73943 SURVEYING II. MAPPING COMPANY 44S 9TH 'ST. S.W. Unit -7 VERO BEACH, FL. 32962 PHONE: (772) 589-6680 FAX: (772) 770-3446 hoyhurstlsOlIve.com LOT 2 *SKETCH 15 NOT A SURVEY* 7 DATE; INT. REVISIONS: SKETCH LE.H. w.E.ht. nm BO SEE PAGE ND: FlLE DATE- : SO/22/11 1'=30' EXHIBIT "A" "• 99-272L 232 04/07/2020 10.A.2. Bentley Right -of -Way Abandonment Board of County Commissioners April 7, 2020 04/07/2020 10.A.2. Staff Recommendation Staff recommends, that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way butretain a public drainage and utility easement over the area to be abandoned. 4 04/07/2020 10.A.2. Sketch & Legal Description 5 Treasure Coa Newspapers '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 180127:TH STREET VERO BEACH, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the Indian River Press Journal, a daily newspaper published at Vero 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, dailyand 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 securingthis 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. 03/15/2020 Subscribed and sworn to before on March 15, 2020: 72 ..t: YVI. ur‘!� Notary, State of WI, County of ;Brown TARA '-fvlONDLOC H Notary Public Stetce of Wisconsin My commission •expires August 6, -2021 Publication Cost: $73.53 Ad No: ;0004105019. Customer No: 1310785 PO#: # M Affirfavits1 NOTICE OF PUBLIC HEARING Notice of a .public hearing to consider a petition for the closing, abandonment, and vacation of the east 30' of the '80' wide 4th Ave SE right-of- way just south of 12th PL SE as recorded in River Shores Es- tates Unit One Subdivision in Plat Book 7, Page 32 and lying west of Lot 1, knit 3 of River Shores Estates as ,recorded in. Plat Book 7, Page 55. A public 'hearing, at which parties in 'interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission .Chambers of the County Ad- ministration, Building, .located at 1801 .27th Street, Vero Beach, Florida, on Tuesday, April 7, 2020 at 9:00 AM. Anyone who may wish to ap- peal ;any decision, which may be madeat this meeting, will need to ensure that a verba- tim record of the proceedings is made which includes the testimony and evidence upon which the . appeal will be based. INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS BY -s- Susan Adams, Chairman Pub: March '15, 2020 TCN 4105019 to fA-2. 2321} Indian River County, Florida Department of Utility Services Board Memorandum Date: March 23, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Elliese Shaughnessy, El, Utilities Design Engineer Subject: Public Hearing: Modification to County Code Sections 201.64 and 201.65 (Legislative It is requested that the Indian River County Board of County Commissioners (BCC) formally consider the following information at the BCC's regular meeting of April 7, 2020. Background: Section 201.64 (Definitions; construction and interpretation) under the Industrial Pretreatment Regulations Ordinance defines the terms used in the section. Section 201.65 (Prohibited discharge standards) lists pollutants, substances, or wastewater that cannot be discharged into the publicly -owned treatment works. The modifications add the prohibition of hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. Recommendation: Staff recommends that the Indian River County Board of County Commissioners open the Public Hearing, and after hearing all public comments, approve the draft modifications to the ordinances, as proposed. Attachments: Draft Ordinance 233 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 201.64 (DEFINITIONS; CONSTRUCTION AND INTERPRETATION) AND 201.65 (PROHIBITED DISCHARGE STANDARDS) OF PART III (THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING THE PROHIBITION OF THE DISCHARGE OF HAZARDOUS WASTE PHARMACEUTICALS FROM HEALTHCARE FACILITIES AND REVERSE DISTRIBUTORS; 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. Amendment of Section 201.64 (Definitions; construction and interpretation) and Section 201.65 (Prohibited discharge standards) of Part III (The Indian River County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County Water and Sewer Services) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Section 201.64 (Definitions; construction and interpretation) and Section 201.65 (Prohibited discharge standards) of Part. III (The Indian River County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County Water and Sewer Services) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 201. - COUNTY WATER AND SEWER SERVICES PART III. - THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE 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: (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. 234 (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. (146) 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. (157) Industrial user: Any user other than a domestic wastewater user. (168) 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. (4820) 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. (4921) 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). (202) Medical waste: Isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, 235 surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes. (243) Monthly average: The sum of all "daily discharges" measured during a calendar month divided by the number of "daily discharges" measured during that month. (224) New source: (265) 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). (246) 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.q., electronic cigarette or vapinq pen); or any liquid nicotine (e -liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.q., 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. (258) 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). (269) 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. 236 (2-730) 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. (231) Pretreatment requirements: Any substantive or procedural requirement related to pretreatment imposed on a user, other than apretreatment standard. (2932) Pretreatment standards or standards: Prohibited discharge standards, categorical pretreatment standards, and Local Limits. (333) Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the discharge of certain substances; these prohibitions appear in Section 201.65 hereof. (344) Responsible corporate officer: (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. (326) Septic tank waste: Any wastewater from holding tanks such as vessels, chemical toilets, campers, trailers, and septic tanks. (337) 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. (348) Slug: Any discharge of any substance released in/or at a rate or concentration which, could cause a violation of the prohibited discharge standards. 237 (369) 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. (3640) 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. (3-741) Treatment plant means that portion of a wastewater facility which is designed to provide treatment (including recycling and reclamation) of domestic and industrial wastewater. (3342) 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. (3943) User or industrial user. A source of indirect discharge. (484) 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. (445) Wastewater discharge permit: Industrial wastewater discharge permit issued by the county to all significant industrial users pursuant to this part. (426) Wastewater standard parameters: 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: (16) Any hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. 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. 238 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 15th day of March, 2020, for a public hearing to be held on the 7th day of April, 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 7th day of April, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk and Comptroller By: Deputy Clerk EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of April, 2020. 239 INDIAN RIVER COUNTY ATTORNEYS OFFIC 1801 27TH ST VERO BEACH, FL 32960-3388 STATE OF WISCONSIN COUNTY OF BROWN PART.t?E-=1' E 11SA TOO YzNE WORK 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 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 distributediin 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. 03/15/2020 Subscribed and sworn to before on March 15, 2020: Notary, State of WI, County of Brown My commission expires August 6, 2021 Publication Cost: $165.87 Ad No: 0004100465 Customer No: 1310775 PO #: # of Affidavits 1 Dov MAR 20020 N7yA.f- oFFfC dRA1EyS 2 3q - NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMEND- ING SECTIONS 201.64 (DEFINI- TIONS; CONSTRUCTION AND INTERPRETATION) AND 201.65 (PROHIBITED DISCHARGE STANDARDS) OF, PART III (THE INDIAN RIVER •COUNTY IN- DUSTRIAL PRETREATMENT'. REGULATIONS ORDINANCE)• OF CHAPTER 201 (COUNTY WATER AND SEWER SERV- ICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA ES- TABLISHING THE PROHIBITION. OF THE DISCHARGE OF HAZ- ARDOUS WASTE PHARMA- CEUTICALS FROM HEALTHCARE FACILITIES AND REVERSE DISTRIBUTORS; AND PROVIDING FOR CODIFICA- TION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, April 7, 2020 at 9:05 a.m., or as soon there- after as the matter may be heard, in the County Commis- sion Chambers located on the first floor of. Building A of the County Administrative Com- plex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested parties may be heard with respect to the pro- posed ordinance. The proposed ordinance may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- day through Friday) at the Of- fice of the Clerk to the Board of County Commissioners lo- cated on the 2nd floor of Building A of the County Ad- ministrative Complex, 1801 27th Street, Vero Beach, Flori- da. Anyone who may wish to ap- peal 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. Anyone who needs a special accommodation for this meet- ing 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 COMMIS- SIONERS SUSAN ADAMS, CHAIRMAN Pub: Mar. 15, 2020 TCN4100465 2 -2 NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commissioners 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, AMENDING SECTIONS 201.64 (DEFINITIONS; CONSTRUCTION AND INTERPRETATION) AND 201.65 (PROHIBITED DISCHARGE STANDARDS) OF PART III (THE INDIAN RIVER COUNTY INDUSTRIAL PRETREATMENT REGULATIONS ORDINANCE) OF CHAPTER 201 (COUNTY WATER AND SEWER SERVICES) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING THE PROHIBITION OF THE DISCHARGE OF HAZARDOUS WASTE PHARMACEUTICALS FROM HEALTHCARE FACILITIES AND REVERSE DISTRIBUTORS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, April 7, 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 parties 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 Commissioners 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 evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans With Disabilities Act (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 Z5q"� 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: March 25, 2020 SUBJECT: Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of April 7, 2020. BACKGROUND Over the past year, the Board of County Commissioners (BCC), the Agriculture Advisory Committee (AAC), and the Planning and Zoning Commission (PZC) have held public meetings and have considered four alternative proposals to amend County landdevelopment regulations (LDRs) to address accessory off-site landscaping services businesses in agricultural zoning districts. The four alternative LDR amendment proposals are summarized as follows: • Staff "1st Alternative" LDR Amendment (presented to the BCC on 6/18/19): further define off-site landscaping services and allow the use, subject to criteria (e.g., buffering, minimum parcel size, setbacks); uses meeting the definition and criteria not subject to permit approval. • Staff "2"d Alternative" LDR Amendment (recommended by the AAC and PZC): define the use and establish criteria (similar to Staff"1st Alternative") but require administrative permit site plan approval and PZC approval. • Hendrix Proposed LDR. Amendment: make off-site landscaping services in agricultural zoning 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: commercial use, not an agricultural use, more appropriate in commercial districts). At a public hearing on March 3, 2020, after public input and consideration of recommendations by the AAC and PZC, the Board voted to direct staff to draft an ordinance that prohibits lawn care businesses in agricultural 240 zoning districts, while still allowing certain landscaping services protected under the Florida Right to Farm Act (Florida Statutes Section 823.14). [See 3/3/2020 BCC minutes, Attachment 1 to this report.] Staff has since drafted an ordinance reflecting the Board's direction and is now bringing it before the Board for approval consideration (see proposed ordinance, Attachment 2 to this report). Requirement of Two Advertised Public Hearings The proposed ordinance, if adopted, will change the list of permitted, conditional, or prohibited uses within agricultural zoning districts. In such cases where a proposed ordinance changes the list of uses within a zoning category, Florida Statutes Section 125.66 requiresthat the Board hold two advertised public hearings, with at least one hearing held after 5 p.m. on a weekday, unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day. This (April 7, 2020) hearing represents the first of the two required advertised public hearings. A second hearing has been tentatively scheduled for the Board's regular morning meeting on Tuesday, April 21, 2020. Conducting the second required hearing at the Board's regularly scheduled April 21, 2020 meeting requires the Board's majority plus one vote approval; otherwise, the second hearing is tentatively scheduled for 5:01 p.m. on Wednesday, April 22, 2020. In light of the ongoing COVID-19 pandemic, staff recommends that the Board open the first public hearing, take any public input and continue the public hearing until April 2 Pt. Staff recommends that the Board authorize staff, when timely, to advertise a second public hearing on the matter to occur at the Board's regular meeting on May 5, 2020, or otherwise at a time certain on a weekday after 5 p.m., at which time the Board may consider final adoption of the ordinance. ANALYSIS Of the four alternative LDR amendments previously considered by the Board, the now -proposed ordinance most closely reflects the Simmons/Campbell proposal, which calls for theelimination of off-site landscaping services as a component of nurseries and greenhouses in agricultural zoning districts. A distinction between the now -proposed ordinance and the Simmons/Campbell proposal, however, is that the proposed ordinance more specifically prohibits commercial or residential lawn care services, while allowing landscaping services (not including lawn care) ancillary to bona fide wholesale nurseries and greenhouses to continue as protected under the Florida Right to Farm Act (F.S. Section 823.14; see Attachment 3). The Hendrix proposal and staff's "l st Alternative" and "2nd Alternative" proposals, previously considered by the Board, the AAC, and PZC, contain criteria (e.g., buffering, minimum parcel size, setbacks) that are not included in the current proposed ordinance. Notwithstanding, a main concern expressed at previous meetings is that lawn care, in particular, is not an agricultural activity, either as a principal use or as accessory to a bona fide farm operation. The now -proposed ordinance eliminates lawn care, either as a principal use or as an accessory use to agricultural operations in agricultural zoning districts. [Note: although not explicit in the proposed amendment, lawn care authorized under a valid home occupation permit, incidental to a residence and limited as such, would be not be prohibited under the proposal.] Grandfathering of Existing Legally Conforming Landscaping Services Uses As staff reported to the Board at the March 3, 2020 hearing, it is important to note that any LDR amendment would affect landscaping businesses with lawn care components "going forward" and would not eliminate existing off-site landscaping business in compliance with county regulations at the time of establishment. Such 241 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, withpotential loss of grandfather status if discontinued for more than one year, as set forth in LDR Chapter 904). RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Open the public hearing, receive public comments and continue the public hearing until April 21, 2020; and 2. Authorize staff, when timely, to advertise a second public hearing on the matter to occur at the Board's regular meeting on May 5, 2020 (requires a majority plus one vote), or otherwise at a time certain on a weekday after 5 p.m., at which time the Board may consider final adoption of the ordinance. ATTACHMENTS 1. BCC 3/3/2020 Meeting Minutes. 2. Proposed Ordinance. 3. Florida Right to Farm Act (F.S. 823.14). 242 Board of County Commissioners Meeting Minutes - Draft March 3, 2020 10.A.2. 20-1341 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 Recommended Action: Staff recommends that 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: 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 Director of Planning Roland DeBlois utilized PowerPoint slides to present the proposed Land Development Regulation (LDR) Amendments related to off-site accessory landscaping services on agriculturally zoned (A-1) land. Background was presented, beginning with the March 5, 2019 Commission meeting wherein residents expressed concerns regarding Caribbean Lawn and Landscaping's business model, which they felt violated existing zoning regulations. The Board directed staff to reassess zoning requirements to better balance the needs of agriculture and commercial business. The issue returned at the June 18, 2019 BCC meeting, where staff presented a proposed LDR amendment (1st Alternative) defining allowable accessory services on A-1 zoned land; the Board directed the Agriculture Advisory Committee (AAC) to review the proposal and return with recommendations. The presentation continued pursuant to AAC discussions. Director DeBlois then provided details of staff's refined LDR proposal (2nd Alternative), which would allow off-site accessory landscaping businesses subject to certain criteria and approval by the Planning and Zoning Commission under an administrative permit review. Additionally, two publicly submitted LDR amendment proposals had been filed and were being presented for the Board's consideration: the Hendrix proposal suggested criteria for special exception use; Indian River County Florida 24ge 1 Board of County Commissioners Meeting Minutes - Draft March 3, 2020 the Simmons/Campbell proposal would eliminate off-site accessory landscaping services in A-1 zones. It was noted any LDR amendment would apply to future businesses, and existing ones would be grandfathered under LDR Chapter 904 regulations. During discussion, Commissioner O'Bryan expressed concerns regarding staff's 2nd Alternative proposal and the attempt to quantify an accessory use business. Chairman Adams was disinclined to pass regulations that were too limiting to the mixed-use nature of A-1 zoned land. Additional discussion continued between Commissioners and staff regarding the LDR proposals, balanced regulations, and hypothetical scenarios. The Chairman opened the Public Hearing. The following people spoke before the Board: Ken Hendrix, 6220 1st Street SW, discussed his LDR proposal, though he now supported the Simmons/Campbell proposal. He provided historic information on the area to support his comments. John Terry, 37th Street, disagreed with the ruling that allowed this type of commercial business in an agricultural area, and supported the Simmons/Campbell amendment. The Chairman called a recess at 10:48 a.m., and reconvened the meeting at 10:55 a.m., with all Board members present. Spencer Simmons, 7350 37th Street, clarified his initial complaint to the Board. He presented his LDR proposal's rationale for eliminating off-site lawn mowing service businesses on agricultural land, and spoke against grandfathering existing businesses. Jodi Velde, 6300 1st Street SW, representing Tropical Property Management, informed that landscape debris was recognized as an agricultural product by the State of Florida. Tim Campbell, 7330 37th Street, posited that commercial businesses were being established on agricultural land in order to pay less tax, and displayed supporting documents. Marilyn C. Ingram, 6985 37th Street, voiced concern that a precedent had been set, opening the door to future commercialization of the neighborhood. Indian River County Florida 2 44ge 2 Board of County Commissioners Meeting Minutes - Draft March 3, 2020 Amy Simmons, 7350 37th Street, expressed her opinion that the permitting process was flawed. There being no further speakers, the Chairman closed the Public Hearing. Discussion resumed with Commissioners and staff providing input on the three proposals to amend existing LDRs. County Attorney Dylan Reingold provided guidance on the LDR amendment process, grandfathering existing businesses, and freezing new businesses under the Pending Ordinance Doctrine. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to deny staffs 2nd Alternative Ordinance amendments presented to the Board. Additionally, the Board requested that staff return with a new Ordinance which included language eliminating off-site commercial landscaping businesses, particularly entailing lawn maintenance, from operating on agriculturally zoned land, while grandfathering existing businesses. The motion carried by the following vote: Aye: 4 - Vice. Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Nay: 1 - Chairman Adams Indian River County Florida 24ge 3 ORDINANCE 2020 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICT USES, OF CHAPTER 911, ZONING, BY PROHIBITING COMMERCIAL OR RESIDENTIAL LAWN CARE SERVICES BUSINESSES IN AGRICULTURAL DISTRICTS; 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 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Amend the "Agricultural Uses" portion of the use table from LDR Section 911.06(4), to read as follows: Bold Underline: Additions to Ordinance Stfik-e-difettglii Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020- Off-site Landscape Sery in Ag for BCC 4-7-2020.doc 246 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- - 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 wholesale nurseries and greenhouses, including P P P - cultivation, wholesaling, ancillary retail and landscaping services that are a part of farm operations as protected under Florida Statutes Section 823.14; does not include or allow commercial or residential lawn care services (cultivation, wholcsaling, and off sitc Bold Underline: Additions to Ordinance Stfik-e-difettglii Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020- Off-site Landscape Sery in Ag for BCC 4-7-2020.doc 246 ORDINANCE 2020 - Agricultural businesses, excluding wholesaling and processing 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 Fruit spreading (subject to subsection 917.06(15)) P P Editor's note: all other portions of the LDR Section 911.06(4) use table to remain as is, unamended. SECTION #2: 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 #3: 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 #4: 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 #5: 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, and on the day of , 2020 for a second 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 Bold Underline: Additions to Ordinance Slrike-tlhrough: Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020-_ Off-site Landscape Sery in Ag for BCC 4-7-2020.doc 247 ORDINANCE 2020 - 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 Bold Underline: Additions to Ordinance Strome -through Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020-_ Off-site Landscape Sery in Ag for BCC 4-7-2020.doc 248 Online Sunshine Select Year: The 2019 Florida Statutes 2019 • Go Title XLV Chapter 823 CRIMES PUBLIC NUISANCES 823.14 Florida Right to Farm Act.— (1) SHORT TITLE.—This section shall be known and may be cited as the "Florida Right to Farm Act." (2) LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds that agricultural production is a major contributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of agricultural activities preserves the landscape and environmental resources of the state, contributes to the increase of tourism, and furthers the economic self-sufficiency of the people of the state; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the state. The Legislature further finds that agricultural activities conducted on farm land in urbanizing areas are potentially subject to lawsuits based on the theory of nuisance and that these suits encourage and even force the premature removal of the farm land from agricultural use. It is the purpose of this act to protect reasonable agricultural activities conducted on farm land from nuisance suits. (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 the 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; the 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. (c) "Farm product" means any plant, as defined in s. 581.011, or animal or insect useful to humans and includes, but is not limited to, any product derived therefrom. (d) "Established date of operation" means the date the farm operation commenced. If the farm operation is subsequently expanded within the original boundaries of the farm land, the established date of operation of the expansion shall also be considered as the date the original farm operation commenced. If the land boundaries of the farm are subsequentlyexpanded, the established date of operation for each expansion is deemed to be a separate and independent established date of operation. The expanded operation shall not divest the farm operation of a previous established date of operation. (4) FARM OPERATION NOT TO BE OR BECOME A NUISANCE.— (a) No farm operation which has been in operation for 1 year or more since its established date of operation and which was not a nuisance at the time of its established date of operation shall be a public or private nuisance if the farm operation conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance: 1. The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life. 2. The presence of improperly built or improperly maintained septic tanks, water closets, or privies. 3. The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program. 4. The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life. (b) No farm operation shall become a public or private nuisance as a result of a change in ownership, a change in the type of farm product being produced, a change in conditions in or around the locality of the farm, or a change brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has been in operation for 1 year or more since its established date of operation and if it was not a nuisance at the time of its established date of operation. (5) WHEN EXPANSION OF OPERATION NOT PERMITTED.—This act shall not be construed to permit an existing farm operation to change to a more excessive farm operation with regard to noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business on March 15, 1982. (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—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 487.051(2), and notwithstanding any other provision of law, a local government may not adopt any ordinance, regulation, rule'arpolicy View Entire Chapter to prohibit, restrict, regulate, or otherwise limit an activity of a 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. When an activity of a farm operation. takes place within a wellfield protection area as defined in any wellfield protection ordinance adopted by a local government, and the adopted best management practice or interim measure does not specifically address wellfield protection, a local government may regulate that activity pursuant to such ordinance. This subsection does not limit the powers and duties provided for in s. 373.4592 or limit the powers and duties of any local government to address an emergency as provided for in chapter 252. History. -s. 1, ch. 79z61; ss. 1, 2, ch. 82-24; s. 9, ch. 87-367; s. 75, ch. 93-206; s. 1279, ch. 97-102; s. 25, ch. 99-391; s. 39, ch: 2000-308; s. 13, ch. 2012-83. Copyright O 1995-2020 The Florida Legislature • Privacy Statement • Contact Us 250 04/07/2020 10.A.4. CONSIDERATION OF AMENDMENT TO LISTOF USES IN AGRICULTURAL ZONIN DISTRICTS TO PROHIBIT COMMERCIAL R RESIDENTIAL LAWN CARE SERVICES BOARD OF COUNTY APRIL 7, 2020 COMMISSIONERS Background ► OVER THE PAST YEAR, THE BOARD OF COUNTY COMMISSIONERS (BCC), THE AGRICULTURE ADVISORY COMMITTEE (AAC), AND THE PLANNING AND ZONING COMMISSION (PZC) HAVE HELD PUBLIC MEETINGS AND HAVE CONSIDERED FOUR ALTERNATIVE PROPOSALS TO AMEND COUNTY LDRS TO ADDRESS -ACCESSORY OFF-SITE ANDSCAPING SERVICES BUSINESSES IN AGRICULTURAL ZONING DISTRICTS. 256- 1 04/07/2020 10.A.4. SUMMARY OF FOUR ALTERNATIVE 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 & PZC) :DEFINE:USE< AND ESTABLISH CRITERIA (SIMILAR TO "STAFF 1 ST ALTERNATIVE") BUT REQUIRE ADMINISTRATIVE ..... PERMITSITE PLAN REVIEW AND PZC APPROVAL ................................ .. ................................ . ........................... .......................... HENDRIX PROPOSED LD.R 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) March 3, 2020 BCC Hearing ► AFTER CONSIDERING THE ALTERNATIVES, THE BOARD VOTED TO DIRECT STAFF TO DRAFT A (NEW) PROPOSED ORDINANCE THAT PROHIBITS LAWN MAINTENANCE BUSINESSES IN AGRICULTURAL ZONING DISTRICTS, WHILE STILL ALLOWING CERTAIN LANDSCAPING SERVICES ANCILLARY TO BONA FIDE NURSERIES AND TREE FARMS THAT ARE PROTECTED UNDER THE FLORIDA RIGHT TO FARM ACT (F.S. SECTION 823.14) New Proposed Ordinance Amendment`" 04/07/2020 10.A.4. Commercial wholesale nurseries and greenhouses, including cultivation, wholesaling, ancillary retail and landscaping services that are a part of farm operations as protected under Florida Statutes Section 823.14; does not include or allow commercial or residential (lawn care services GRANDFATHERING OF EXISTING LEGAL LANDSCAPING SERVICES ► ANY LDR AMENDMENT WOULD APPLY TO FUTURE ESTABLISHMENT OF USES; EXISTING LANDSCAPING SERVICES USES LEGALLY ESTABLISHED WOULD.?BE, GRANDFATHERED (REGULATED UNDER LDR CHAPTER 904) 04/07/2020 10.A.4. REQUIREMENT OF Two ADVERTISED PUBLIC HEARINGS ► The proposed ordinance, if adopted, will change the list of permitted, conditional, or prohibited uses within agricultural zoning districts. ► In such cases, F.S.PSection 125.66 requires that the Board hold two advertised public hearings, with at least one hearing held after 5 p.m. on a weekday, unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day. RECOMMENDATION ► Staff recommends that the Board of County Commissioners: ► 1. Open the public hearing, receive public comments continue the public hearing until April 21, 2020; and and Authorize staff, when timely, to advertise a second public hearing on the matter to occur at the Board's regular meeting on May 5, 2020 (requires a majority plus one vote), or otherwise at a time certain on a weekday after 5 p.m., at which time the Board may consider final adoption of the ordinance. -4 Indian River County Planning Attn: Kathy Charest 1801 27th St Vero Beach, FL 32960 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk, of the Indian River Press Journal, a daily newspaper published at Vero 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. Match 22, 2020 Subscribed and sworn to before on January 31. 2020: �a...YV1. UV.). Notary, State of WI, County of Brown TAF A MONDLOCI-1 Notary Public State of Wisconsin My commission expires: August 6, 2021 Publication Cost: 3315.00 Ad No: GC10392818 Customer No: 463755 PO#: AGRICULTURAL ZONING D -1E USA TODAY NL f WOOK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL32960 AFFIDAVIT OF PUBLICATION 4 22A 1 SUNDAY, MARCH 22, 2020 1 TREASURE COAST NEWSPAPERS Ic Scientists rally to confront shortages Alessandro Marazzi Sassoon Florida man USA TODAY NETWORK - FLORIDA A global and national shortage of critical sup- plies needed to carry out COVID-19 testing threat- ens to hamstring the Unit- ed State's beleaguered pandemic response. • Researchers across the country are sending nut waves of emails with ur- gent calls for reagents, the basic chemical com- pounds needed to test for the SARS-CoV-2 virus by isolating and identifying Us genetic identity. They also need masks and swabs. Officials from Florida to Oklahoma and California have started to sound the alar. Florida Gov. Ron De - Santis on Wednesday al- luded to a lack of supplies in Florida labs. "We're making sure the labs have enough reagents to be able to do the tests," he said In Oklahomathe state's health department further constricted their state's testing guidelines on Wednesday due to the shortage of necessary re- agents, which was linked by authorities there to an international lack of sup- ply. In response, scientists across the country are do- ing what they 500 to ad- dress the shortfall. The situation is most visible in California, where labs across the San Francisco Bay Area are pooling together re- sources to provide to Stanford University where tests for the virus in the region are processed. "Today we are running very low on reagents needed to continue CO- VID testing, if you have or know anyone who might have any of the following can you please put them in contact with me ASAP? Feel free to distribute as widely as possible," wrote Brooke Howitt an assis- tant professor of Patholo- gy at Stanford Univer- sity's Medical Center in an email that included a list of required products. "1 can help coordinate pick- up if needed" Former FDA Director Scott Gotlieh, now a fellow with the conservative Ihiuk tank American En- terprise Institute (AEI) noted in a tweet on Mon- day that "as high through- put systems come online this week, testing capacity will substantially increase nationwide. Any limita- tions will be the testing supply chain (reagents, swabs, sites, etc) - not platforms for conducting testing." The supply chain, it seems, is already stressed. AEI's most recent esti- mate attic country'stest- ing capacity, published on Mar. 16 is of about 36,000 tests per day. On Wednesday Presi- dent Donald Trump noted some difficulty in increas- ing testing capacity. "(IIs) very, very hard to ramp up. Now we're get- ting highly sophisticated tests, and Ws going very well. But nobody has ever heard of testing in the kind of quantities that you're talking about;" he said. But so far the most re- cent tally by the COVID Tracking project on Thursday is that the Unit- ed States has completed just over 82,000 tests. Text from an email ob- tained by FLORIDA TO- DAY that was sent out to scientists in Florida from the National Institute of Health sought not just supplies but qualified per sonnet and certified lab- oratory spaces in which to conduct testing. A national shortage In addition to the re- agens needed for testing, Gov. DeSantis also noted that the two biggest sup- ply issues are likely the swabs required, noting a delay in procuring half a million swabs since last week and that an appeal was made to the White House for aid, as well as disposable personal pro- tective equipment. "I think that's gonna be nationwide, if you look at the past 2-3 weeks this is probably the biggest rush to get medical supplies in the history of the United States," he said. In an emailed state- ment on Wednesday night, Florida's COVID-19 Joint Information Center, said the 2,500 kits deliv- ered by 1DT "include the necessary components such reagents." These kits allow for up to 625,000 in- dividuals. However they do not include the materi- als necessary for sample collection such as swabs. As such, "Governor De - Santis directed (Florida Division of Emergency Management) Director Moskowitz to order 500,000 collection kits through direct federal as- sistance. Collection kits include all necessary ma- terials for sample collec- tion, including swabs" In Minnesota, the De- partment of Health on Tuesday issued an adviso- ry declaring a shortage. "There is a national shortage of test reagents and supplies. The Minne- sota Department of Alice Chow, a public health scientist with the Arizona Department of Health Services, prepares patient samples to test for COVID-19, the disease caused by the new coronavirus. DAVID WALLACE/THE REPUBLIC Health has a very limited supply of testing materi- als. Four major commer- cial laboratories offering testing may also be out of reagents," it wrote. An email sent to the University of Florida's re- search community, shared with FLORIDATO- DAY, asked labs to inven- tory their supplies, antici- pating a need to provide them to clinical colleagues providing care to CO- VID-19 patients. "There is now a need for our clinical colleagues to obtain personal protec- tive rotective equipment to con- tinue to provide excellent care to individuals affect- ed by COVID-19," it reads, before Itemizing required equipment from nitrile gloves to booties and N95 masks. "We need to do what we can," it concludes. QIAGEN, one of the main suppliers of reagents for labs in the US and around the world has, like other companies in the in- dustry is contending with "exploding" demand. Their products, for in - BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT REGULATION CHANGE TO THE LIST OF USES IN AGRICULTURAL ZONING DISTRICTS The Board of County Commissioners of Indian River County, Florida proposes to adopt the following ordinance: AN ORDINANCE OF INDIAN RIVER COUNTY. FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICT USES, OF CHAPTER 911, ZONING, BY PROHIBITING COMMERCIAL OR RESIDENTIAL LAWN CARE SERVICES BUSINESSES IN AGRICULTURAL DISTRICTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. A public hearing on the ordinance will be held on Tuesday, April 7, 2020 at 9:00 A.M. at the County Commiuion Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida. At the public hearing, parties in interest and citizens shall have an opportunity to be heard concerning the proposed ordinance, which, it adopted, would revise the list of allowed uses In agricultural zoning districts In unincorporated Indian River County to specify that the allowed uses of commercial nurseries and greenhouses do not include or allow commercial or residential lawn care services businesses. A draft of the proposed ordinance is available at the Planning Division office located in the Community Development Department on the first floor of the County Administration Complex Building "A", 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 evidence upon which the appeal is based. Please direct planning -related questions to the Planning Director at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Susan Adams, Chairman To be advertised March 22, 2020 stance, are a key part of the supply chain for IDT — the supplier of Florida's test kits. "Yes: the demand is challenging our capacity to supply certain RNA ex- traction kits used for SARS-COV-2 related LDTs," Dr. Thomas Theur- inger, QIAGEN's spokes- man, said in an email. "To give you an idea of the scope: As of mid- March 2020, we already shipped twice as many RNA E71 DSP Virus Kits (which are mentioned in the protocols) to the Unit- ed States as we did in the entire year 2019." Presently he said the company is working with the FDA and CDC to pro- vide more products and expand the list of supplies that can provide for the US. "So we are now able now to offer regulated and unregulated kits, and also other companies can sup- ply. We wish the list would be expanded to others in the industry, but this is up to regulatory agencies," he said. Theuringer said that so far there have not been disruptions to the supply chain but this has re- quired taking on new staff and romping up manufac- turing at their sites in Hil- den, Germany, Barcelo- na,Spain and German- town, Maryland. But the impact on sci- entific research across many disciplines includ- ing cancer research is sure be significant as such Qia- gen products are as basic to a research lab as salt is to a kitchen. "These are common components that are used in labs every day," said Laurel Coons a North Car- olina -based researcher and science media per- sonality who got her doc- torate from Duke Univer- sity in conjunciton with the National Institute of Health. The disruption to re- search is sure to last as long as the shortage with impacts being felt for months if not years down the line, and as staff are told to stay home main- taining mice colonies is also a challenge. "fve never seen a shortage of these things," Coons said. "It will be frustrating for scientists." Answering the call But across the scientif- ic community, the call for help is being answered. "Everyone is pitching in, and realizes this is a big need and so if they need gloves from us, if they need masks from us, you know, we're gonna help the clinic as much as we can," said Kathryn Esser, Professor of Physiology in the College of Medicine at the University of Florida who said research had all but halted at her lab and staff was only coming into do the bare minimum such as keeping animals alive. On Twitter, Stanford scientist Joy Wu, who first appealed to the communi- ty on Mar. 16, on Wednes- day wrote in a follow up post: "The response to this and many other tweets re- questing reagent dona- tions has been tremen- dous. Bravo and thank you!! In addition to a call for reagents, UF's Esser said that scientists are work- ing to consolidate re- sources across the board. "1 think we all feel like this is coming, and, you know, we've just got to do it, we've got to do what we can do to help the commu- nity and 1 think there is a shared sense of that," she said, adding "We will do whatever we can to help." And it's more than lust pooling physical re- sources, scientists and cli- nicians on the front lines of the pandemic have to contend with newfound challenges such as child- care now that their chil- dren aren't at school, and the small but all-impor- tant necessities of daily life. "It's putting stresses on everybody," Esser said, noting that in addition to calls for materials "the other emails I've seen go out relate to supporting each other with childcare." Scientists are even helping each other by pooling trips to the groce- ry store, she said, and with all other research activ- ities grinding to a halt, senior researchers like Esser are doing what they can to keep up morale among doctoral and post- doctoral candidates. "We'll be okay, we tell them." "1'm seeing a lot of community interaction here which is 1 hope, I as- sume, going on around the country," she said. "We just have to help each other get through this," she said. Alessandro Marazzi Sassoon is a watchdog re- porter for FLORIDA TO- DAY. Contact him at 321- 355-8144, or asas- soon@floridatoday.com. Twitter: @alernzs. WAGNER Siegfried Idyll JOAO LUIZ Concerto for Harp Bridget Kibbey, harp BEETHOVEN Symphony No. 7 April 7, 2020 at 7:30pm Community Church of Vero Beach Tickets starting at $30 772-460-0851 AtlanticClass ica IO rchestra.co m BOARD OF COUNTY COMMISSIONERS NOTICE OF LAND DEVELOPMENT REGULATION CHANGE TO THE LIST OF USES IN AGRICULTURAL ZONING DISTRICTS The Board of County Commissioners of Indian River County, Florida proposes to adopt the following ordinance: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICT USES, OF CHAPTER 911, ZONING, BY PROHIBITING COMMERCIAL OR RESIDENTIAL LAWN CARE SERVICES BUSINESSES IN AGRICULTURAL DISTRICTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. A public hearing on the ordinance will be held on Tuesday, April 7, 2020 at 9:00 A.M. at the County Commission Chambers of the County Administration Building located at 1801 27th Street, Vero Beach, Florida. At the public hearing, parties in interest and citizens shall have an opportunity to be heard concerning the proposed ordinance, which, if adopted, would revise the list of allowed uses in agricultural zoning districts in unincorporated Indian River County to specify that the allowed uses of commercial nurseries and greenhouses do not include or allow commercial or residential lawn care services businesses. A draft of the proposed ordinance is available at the Planning Division office located in the Community Development Department on the first floor of the County Administration Complex Building "A". 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 evidence upon which the appeal is based. Please direct planning -related questions to the Planning Director at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER. COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Susan Adams, Chairman To be advertised March 22, 2020 TR-GCI0192118-01 251 -33 /o61 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: PO Box 6430393, Vero Beach 32963 Dr. Miles Conway, President South Beach Property. Owners Association, Inc PHONE: 772-231-2810 SUBJECT MATTER FOR DISCUSSION COVID-19 — Public and Permanent Resident Safety and Financial Protocols Related to Public Lodging Establishments IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION xx YES YES xx NO NO WHAT RESOLUTION ARE YOU Resolution or action BCC sees fit in light of being put on notice of REQUESTING OF THE COMMISSION? public and permanent resident threats and exposure ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form XX E -Mail Hand Delivered Phone None - Administrative Action YES xx NO COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: 4-7-2020 251 Ilk MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown, County Administrator DATE: April 1, 2020 SUBJECT: Coronavirus Update I wish to provide an update on the status of the Coronavirus. 252 04/07/2020 11.A. (Jason) COVID-19 Update April 7, 2020 The United States of America Taking On COVID-19 Threat "Our country is in the midst of a great national trial, unlike any we have ever faced before....We're at war with a deadly virus. Success in this fight will require the full absolute measure of our collective strength, love, and devotion. It's very important. Each of us has the power through our own choices and actions to save American lives and rescue the most vulnerable among us. That's why we really have to do what we all know is right. Every citizen is being called upon to make sacrifices. Every business is being asked to fulfill its patriotic duty. Every community is making fundamental changes to how we live, work and interact each and every day, and I wouldn't be surprised to see this going on long into the future when this virus is gone and defeated." President Donald Trump - March 31, 2020 04/07/2020 11.A. (Jason) Safer at Home Order On April 1, 2020, Governor DeSantis issued Executive Order 20-91, which is a "Safer at Home" Order effective through April 3oth r -- Why Social Distancing and Safer at Home Orders? • The White House on March 31St provided projections showing estimated U.S. deaths of between 100,000 and 240,000 based on strict social distancing measures. • This compares to a prediction of 1-2.2 million deaths if no action is taken • This means that social distancing measures could save over 1 million lives Note: these models are projections, and are only as good as their underlying assumptions. A novel virus is quite difficult to predict, but they are essential for planning our efforts. 256"� 2 04/07/2020 11.A. (Jason) the s ze of the storm. Hazardous conditions can occur outside of the cone. Why Social Distancing and Safer at Home Orders? Help reduce the burden on and reduce risk to: • Healthcare workers • Fire Rescue • Law Enforcement 256-1 3 04/07/2020 11.A. (Jason) Why Social Distancing and Safer at Home Orders? NUMBER OF CASES M.m4fr CDC OUTBREAK WITH NO INTERVENTION Flatten the Curve U.S. HEALTHCARE THRESHOLD OUTBREAK WITH INTERVENTION DURATION OF TIME SINCE FIRST CASES The United States has faced overwhelming challenges before — and we have prevailed! "This is going to be our Pearl Harbor moment, our 9/11 moment, only it's not going to be localized, it's going to be happening all over the country and I want America to understand that" "I wantAmericans to understand that as hard as this week is going to be, there is a light at the end of the tunnel." Vice Admiral Jerome Adams U.S. Surgeon General - April 5, 2020 2 Sd -5 4 04/07/2020 11.A. (Jason) The United States has faced overwhelming challenges before — and we have prevailed! ' "President Eranklin;.Delano Roosevelt These efforts required great sacrifice and a collective effort of the American people, but our ingenuity, dedication, and unequaled work ethic allowed Us to succeed and defeat formidable enemies. ��..�� PP T R •A OM 17 T Ai ATCA��yf F'� 9AT OM r I6 la EUROPE WAR COMES TO END .. _ �;.. • vie.,:. �. i:G_4 �Soyo�7w 251) dq 5 04/07/2020 11.A. (Jason) The United States has faced overwhelming challenges before — and we have prevailed! The United States has done this repeatedly throughout our history, whether the foes were warring nations, terrorists, or diseases NEVER FORGET. 09.11.2001 AA You Need to Know About Measles Why Social Distancing and Safer at Home Orders? NUMBER OF CASES Development and manufacture of treatment �. OUTBREAK WITH NO INTERVENTION Flatten t OUTBREAK WITH INTERVENTION Development and zproduction of vaccine Curve U.S. HEALT ICARE THRESHOLD Ae4proeno%CDC DURATION OF TIME SINCE FIRST CASES 04/07/2020 11.A. (Jason) Why Social Distancing and Safer at Home Orders? So, we are social distancing and staying at home to allow our healthcare providers, pharmaceutical companies and medical researchers the time to study, develop, create, and test treatments, and vaccines in order to defeat this new enemy facing our great nation. I believe we need to do this in a manner that will limit the damage to our economy, and physical and mental health of the public but, we need to provide these innovators time for our uniquely American ingenuity to solve this problem and vanquish this invisible enemy. Indian River County Actions and Updates The County declared a Local State of Emergency on March 17, 2020. • Even prior to that time, County staff had been coordinating with the Health Dept. (Lead Agency on this event), healthcare providers, State DEM, cities, etc. • EOC Virtual Level 2 Activation • Daily calls with DEM, ESF's, cities • Weekly EOC Press Conference on Friday at 3:0o pm Press Conference schedule for today at 2:00 with Cleveland Clinic, Sheriff, Health Dept. n� �/ • cRgfiitEgIN to tIs n "w�wJO' 150.'1d1�,i004 .'I I" • Facebook, Twit r Netdoo (IRC INA r enc Mana a ent) Frhsic ent i-rankiin oeIa 10 Rooseve' t • EIC activated 8:0o am - 5:oo pm 7 days a week 772-226-400o • Sign up for web alerts at www.alertindianriver.com or text IRCCOVIDig to 888777 2/6 — I I 7 04/07/2020 11.A. (Jason) Indian River County Actions and Updates • County has closed our operations for "face to face" transactions. • We remain "open for business" through online, telephonic, drive-thru and teleconference capabilities. • Building permits • development review • utility bill paying, etc. • While many facilities with "face to face" transactions have closed to public Deennpet pools,9 ce41 a "date which will live in infamy" • Libraries • We have proFei dlIdtidittedo I '61 pssgelitn m i ng • eBooks and Audiobooks, such as; Hoopla, Big Library Read, Kindle • Social Distancing Spring Break Camp, daily challenges, etc. Indian River County Actions and Updates • County has closed facilities that pose higher transmission risks • Playgrounds effective 4/6 at 8:ooam • Beach access points • • Coordinating efforts with cities to maintain uniformity where possible • While leaving facilities open to allow for recreation/ ex fhber 7, 1943. a "date which will live in infamy" • Parks and Conservation Ar ps • Boat Rams Franklin Delano Roosevelt /2"5b-(2, 8 04/07/2020 11.A. (Jason) Indian River County Actions and Updates • Fire Rescue -"Social Distancing" vs. patient care • Personal Protective Equipment • 93.1. Calls -prescreening for COVID-ig symptons, exposure • Tfalcceliceii9nAtestou a itdctte mekichwilkibaskorinfamy" • Additional F'resitclentfranm gTanoRooseveIt Indian River County Actions and Updates • 874 FT Employees • -. 30o Fire Rescue • -3ooTeamsters • -300 Non-union employees • Teleworking where possible - -17o authorized forVPN access • Staggered shifts where operationally feasible December 7, 1910. a "date which will live in infamy" • Reduced crew sizes (employees per vehicle) • Additional g tilgrer11454-RIAsR VIuch surfaces 04/07/2020 11.A. (Jason) Planning for Future — Economic Recovery • FY 2020/21 Budget Packets to Depts. 4/6 • Monitor revenues going forward — lag time • Limit current (non COVID-1g) expenses • Travel limits • Fuel savings freeze • Message to minimize burden to taxpayers • Explore early retirement of Land Bonds Cter641e4ii8Rdltdteach will live in infamy" • Fast track qpcgminq capital�p ro'Iects wher possible President-FranklinDelanoRoosevelt • 66th Ave., 58th Ave., Fire Station, Stormwater, Conservation areas, etc. COVID-19. Presentation Questions and comments? 04/07/2020 11.A. (Jason) COVID-ig Presentation Thank you! First Responders Healthcare Workers Displaced Workers All County Residents 04/07/2020 11.A. (Miranda) Department of Health NOVEL CORONAVIRUS 2019 (COVID-1 9) Age Group Case # % Cases Hospitalizations % Hospitalizations Deaths 0-4years 0 0% 0 0% 5 - 14 years 1 2% 0 0% 15 - 24 years 3 5% 0 0% 25 - 34 years 6 10% 0 0% 35 - 44 years 3 5% 0 0% 45 - 54 years 10 17% 1 7% 55 - 64 years 11 18% 3 21% 65 - 74 years 15 25% 5 36% 75 - 84 years 9 15% 3 21% 85+ years 2 3% 2 14% Totals 60 100% 14 100% 2b 1 04/07/2020 11.A. (Miranda) Confirmed COVID-19 Cases by YTD April 6, 2020 Indian River County Florida 0-4 years 5-14 years 15-24 years 25-34 years 35-44 years 45 - 54 years 55 - 64 years 65-74 years 75 - 84 years 85+ 0 0% 1 2% 3 5% 3 5% 6 10% 10 17% 11 18% 2 9 15% 15 25% OTL a HEALTH 0-4 years 5-14 years 15-24 years 25-34 years 35-44 years 45-54 years 55 - 64 years 65 - 74 years 75-84 years 85+ years Confirmed COVID-19 Cases Hospitalizations by Age Group YTD April 6, 2020 Indian River County, Florida 1 7% 2 14% 3 21% 3 21% 5 36% Confirmed COVID-19 Cases YTD April 6, 2020 Indian River County, Florida 04/07/2020 11.A. (Miranda) 80% 60% 40% 20% 0% COVID-19 Number and Percent Positive Tests YTD April 6, 2020 Indian River County RS RS CO RI RS CTS RI RS RS RS RS CCS CU RS a a Dole N N N N N M e Negative tests ■ Positive Tests 3 04/07/2020 11.A. (stock) Department of Health NOVEL CORONAVIRUS 2019 (COVID-19) Presentation Overview • COVID-19 outbreak • Transmission and symptoms • Treatment and testing • Prevention • Travel advisories • Public health monitoring O on a HEALTH 04/07/2020 11.A. (stock) COVID-19 OUTBREAK 2 COVID-19 Updates . • On March 1, the Florida Department of Health (DOH) reported Florida's first two cases of COVID-19 in Hillsborough and Manatee County residents. • As a result, the Governor issued Executive Order 20-51, directing a Public Health Emergency and establishing Florida's Response Protocol for COVID-19. • The State Surgeon General issued a Declaration of Public Health Emergency for the State of Florida. ori a HEALTH 2 04/07/2020 11.A. (stock) • • Respiratory illness outbreak first detected in Wuhan City, Hubei Province, China • First cases linked to a seafood and live_ animal market • Person-to-person spread • Spread to other countries, including the United States • As of March 19, 2020 (DATE): • 10,442 cases in U.S. • 390 cases in Florida • The outbreak started in Wuhan, China, but cases have been identified in a growing number of other locations internationally; including the United States. • Global case numbers are reported by the World Health Organization (WHO) in their coronavirus disease 2019 (COVID-19) situation report. • The Centers for Disease Control and Prevention (CDC) reported sustained community based transmission of the virus in Washington, California, and New York. 4 04/07/2020 11.A. (stock) TRANSMISSION AND SYMPTOMS COVI D-19 Most Often Spreads from Person to Person • • Spread through respiratory droplets from an infected person who coughs or sneezes . Spread among close contacts IIIWithin about 6 feet 1111 ab 1111\ --- o HEALTH 0 04/07/2020 11.A. (stock) TREATMENT AND TESTING ida 04/07/2020 11.A. (stock) o Specific Treatment for COV1 -13 at This T e The CDC recommends people who think they may have been exposed to COVID-19 should call their county health department immediately and self -isolate. or oA HEALTH ` � N Tei is Currently Available ugh Public health a , well as ComCommercial Labs • The CDC developed a test for COVID-19. • The DOH Bureau of Public Health Laboratories are testing with CDC's test kits. • Commercial testing is now available. • For persons who meet CDC and DOH criteria for COVID-19 testing, your health care provider can work with your local health department to test you. Testing may also be available through your doctor's office using commercial labs. on :i a HEALTH 04/07/2020 11.A. (stock) International Travel or contact with a OV D 19 Case May Put You at Risk • People who have traveled internationally in the last 14 days, especially to identified areas: https://www.cdc.gov/coronavirus/2019- ncov/locations-confirmed-cases.html#map. • People who have had close contact with someone known to have COVID-19. • Risks may change over time. • For more information: www.cdc.gov/coronavirus/2019-nCoV. 0 l `. a HEALTH --- If you bink you are at risk and have symptoms of fiver, cough or difficulty breathing, take these steps; • Call ahead to your health care provider and tell them about your travel or exposure and your symptoms. • You can only get COVID-19 from someone with the disease. • Avoid contact with others. • Do not travel while sick. • Cover your mouth and nose when coughing or sneezing. • Wash hands often with soap and water for at least 20 seconds, especially after coughing, sneezing or blowing your nose. on a --- - 14 HEALTH 04/07/2020 11.A. (stock) PREVENTION Prevent Infection by Following Routine Respiratory Disease Prevention Measures T ell vIIIN Wash hands with soap and water mouth, close * Stay home when sick 011*'it& Use hand sanitizer with at least 60% alcohol Avoid touching eyes, nose, and and avoid contact with sick people on d HEALTH 04/07/2020 11.A. (stock) TRAVEL ADVISORIES 'Vo�ic�a HEALTH CDC Travel Advisories To countries with sustained community or wide spread transmission. As of March 18, 2020: • China • Iran • South Korea • Europe (Schengen Area): Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City _ • United Kingdom and Ireland: England, Scotland, Wales, Northern Ireland, Republibof Ireland=-= https://www.cdc.govicoronavirus/2019-ncov/travelers/index.html on a HEALTH 0 1 18 04/07/2020 11.A. (stock) PUBLIC HEALTH MONITORING DOH is Monitoring those Possibly Exposed • Personnel at the agency's 67 county health departments (CHDs) and central office in Tallahassee work together to protect Floridians from `emerging diseases. • DOH receives information from CDC on U.S. citizens/residents/family returning from impacted areas. • CHDs work with travelers to restrict their movement, monitor for illness, isolate persons with symptoms, and ensure health care providers proper infection control techniques. use T. HEALTH 04/07/2020 11.A. (stock) For people who may have been exposed, but have no symptoms: • Monitor for symptoms for 14 days: • Self isolate for 14 days. • Stay home as much as possible. • Avoid travel on publicly used vehicles, gathering with groups of people, and going out in public. • ` • . Excluded from work, school, and other public places. • Follow provided education on prevention of spread. H L 0 • Immediately isolate at home or health care facility. • Do not participate public activities such as work or school. • Only travel by ambulance or private car and avoid public transportation. • Always wear a mask when around other people or pets at home. • Always cover yourcoughs and sneezes and clean your hands often. www.cdc.gov/coronavirus/index.html • f' 2e -51;.2c1 11 04/07/2020 11.A. (stock) 23) 12 People at Risk for Serious illness • Older adults and people who have serious underlying medical conditions seem to be at higher risk for more serious COVID-19 illness • Based on available information to date • People 65 years of age and older • People who live in a nursing home or Tong -term care facility • People of any age with the following underlying medical conditions • Heart Disease • Diabetes • Lung disease • More cases in the U.S. are likely to be identified in the coming days. • Everyone can do their part to prevent the spread of COVID-19 and other ; j= respiratory viruses. lorida HEALTH Visit these Websites to Learn More DOH Resources: FloridaHealth.gov/ 23) 12 Visit these Websites to Learn More DOH Resources: FloridaHealth.gov/ Ialt k1.1,1111, a 6 0 0 to •""°.. HEALTH 10 HEALTH K. .... .. ... .. ..... . COVID-19 aINO.....-.=. a....=, m.t..4tf M<N.e1hW.aa.= •...�pOV,>~�-t, �.y'...�p"��'�''«"" nCevl6.ee�[ovtmtl. Cartrtla. hN.nm.. MIX, m rbsey. mwtm Y mm +< Cutt.at d1611.a<a e1er0 to a-0. .rveywtK te..,wx tat fie at. MO.. roc [o6+rce..." ......h �'°�'1." o`KK..' re -ported "�" �<..a. En w.a ,1rouN vw<ret ...1gt.<o.mero .. at. +OM VVrxc«sw:na. IMAM VA, pour. ordee 12.Narf4G. Worm..,.,,, VA. M.....v<..IX.. •• Im<�.x. [ne i.+ n• Num/11e.o.+.nnrnar>ttmt• 1.4• l.,,,,.,l..'.'Letu awvmr.Mpn.sxuv'PI1 diseases -and -conditions/ 2019-nCoV/index.html 23) 12 04/07/2020 11.A. (stock) 6'0 0 0 CDC Resources: www.cdc.gov/coronavirus/2019-ncov/ Situation Summary int [menm!au..,[meat..totrym wo-.xw.e,w+m,a.arwe ..A,[ n.Mee.e«,i.a..sm*,ernbe n,9 „arcsrtrx. M main ntvei Cmonntin KM.rCOYI iiaw Anmeetacc+,draRnl9'WA M%„6 .. Intwnimbn /w HNIO,G.¢% na :Intoimaiioi nk%ex'on'.D 1m xwi»'vi+iala.i. mair'i,rYyaGcm , �, N%Ir Miranda Hawker, MPH Health Officer Florida Department of Health in Indian River March 19, 2020 25b-31 13 ll� MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown, County Administrator DATE: April 1, 2020 SUBJECT: Ratification of County Administrator's Actions At its meeting of March 17, 2020, the Board of County Commissioners ("Board") adopted Resolution No. 2020-031, effective March 18, 2020, giving the County Administrator or his designee the authority to execute all documents necessary to the proper functioning of the County during the period commencing March 18, 2020, through and including April 6, 2020, or in the event of a locally declared state of emergency due to COVID-19, until the Board is able to meet. Any such documents that are executed by the County Administrator or his designee, however, are to be brought to the Board for ratification, once the Board is able to meet. At that March 17, 2020 County Commission meeting, the Board approved an Agreement to Warranty and Guaranty Utility Improvements under Florida East Coast Railway Property ("Agreement") in connection with the High Pointe Subdivision project. The developer, GRBK GHO High Pointe, LLC, on March 30, 2020 posted $116,615.01 cash to be held in escrow as supporting security under the Agreement; and a Cash Deposit and Escrow Agreement was prepared by the County Attorney's Office to support the cash escrow, necessitating the need for signature by the County Administrator under authority of Resolution No. 2020-31. Presented herewith for ratification by the Board is the Cash Deposit and Escrow Agreement. Recommendation: The County Administrator and the County Attorney recommend that the Board ratify the Cash Deposit and Escrow Agreement. Attachment: Cash Deposit and Escrow Agreement 253 project: High Pointe Subdivision subgrade water main within FECR property at 65th Street and Old Dixie Highway guaranty 1-year/115% warranty 1-year/25% CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this day of March, 2020, by and between GRBK GHO HIGH POINTE, LLC, a Florida limited liability company (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, the Developer, is desirous of constructing a subgrade water main within the Florida East Coast Railway, LLC property located at 65th Street and Old Dixie Highway associated with its project known as High Pointe Subdivision, and is required to provide to the County surety supporting a Contract for the Construction of Utility Improvements on Florida East Coast Railway, LLC Property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to Provide a Bill of Sale; NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of One Hundred Sixteen Thousand Six Hundred Fifteen and 01/100 Dollars, U.S. ($116,615.01), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for the Construction of Utility Improvements on Florida East Coast Railway, LLC Property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to Provide a Bill of Sale, which contract is attached hereto and incorporated herein by reference (Contract). 2. Upon completion, the Developer may obtain a 75% disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Utilities Services Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, and that the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction. 254 3. r Within seven (7) working days after receipt of a disbursement request, the Utilities Services Director shall cause an inspection of the work for which payment is sought. If the Utilities Services Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, Developer must then execute a Warranty and Guaranty Agreement and Bill of Sale to warranty the utility improvements for one year against defects due to faulty field engineering, workmanship or materials. The Utilities Services Director shall then deliver a written notice to disburse 75% of the escrow account (withholding the remaining 25% for the 1 -year warranty period) to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 4. Final disbursement from the escrow account of the remaining 25% shall occur only after the 1 -year warranty period has ended and County determines that the utility improvements remain acceptable through an inspection just prior to the expiration of the warranty period. 5. Upon default by Developer under the respective Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the respective Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a letter from the County Administrator or his designee, with approval signatures of the Utilities Service Director or his designee and the County Attorney or his designee, stating that Developer has defaulted under the Contract and that said funds are necessary to complete or repair the utility improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete or repair the utility improvements shall be returned to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the utility improvements, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the utility improvements. 7. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. 255 Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Kristin Daniels, OMB Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney GRBK GHO HIGH POINTE, LLC, a Florida limited liability company Developer By William N. Handler, Manager INDIAN RIVER COUNTY, FLORIDA County By: Jason E. Brown, County Administrator Authority: Resolution No. 2020-031 256 Indian River County, Florida Department of Utility Services Board Memorandum Date: March 27, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Suspension of Delinquency Charges associated with Utility Services through April 30, 2020, due to COVID-19 Background/Analysis: On March 12, 2020, the Indian River County Department of Utility Services (IRCDUS) temporarily suspended the practice of disconnecting potable water service if a customer's account is past due. Due to the COVID- 19 pandemic, it is crucial that all potable water service within IRCDUS's service area remain on in -order to provide essential water supply for cleaning and cooking. With the recent stay home and social distancing requirements from local, state, and federal regulations, some of our customers may be affected financially if their job status changes. This affects their ability to pay for utility and other bills. On March 17, 2020, the Indian River County Board of County Commissioners (BCC) approved Resolution 2020-31, which delegated the authority to the County Administrator to execute all documents necessary to the proper functioning of the County until the BCC could meet to ratify those actions. To provide financial relief to those utility customers affected by the COVID-19 pandemic, under the BCC's authority from March 17, 2020, the County Administrator, under recommendation from the Director of Utility Services, temporarily suspended charging any new delinquency charges for water and sewer customers effective Monday, March 30, 2020, through Thursday, April 30, 2020. This agenda item is to ratify those actions by the County Administrator and to seek BCC approval for the temporary suspension of delinquency charges (otherwise known as late fees), pursuant to Indian River County Code 201.08 (J)(4): Delinquency charge. County shall charge an additional two dollars ($2.00) plus one and one-half (1%) percent interest monthly (collectively "delinquency charges") on all outstanding balances including assessments, fees, charges, and other fees due (collectively ''underlying charges") if payment is not made in full by each payment deadline date; provided, however, that the utilities director may waive some or all delinquency charges in connection with the reactivation of service of an existing account, where (i) payment in full of all underlying charges and delinquency charges would work a hardship to the customer, and such waiver is determined to be in the best interests of the county, and (ii) such waiver results in the immediate payment in full of all underlying charges and any delinquency charges which are not waived. 257 Funding: Revenues from delinquency charges are recorded in the Utilities Operating fund. It is estimated that $75,000 in revenues will not be recorded as a result of this recommendation. Account Name Account Number Amount Penalties 471034-343540 $75,000 Recommendation: Staff recommends that the Board of County Commissioners ratify the actions taken by the County Administrator under Resolution 2020-31 and temporarily suspend the Indian River County Department of Utility Services' charging of delinquency charges under section 201.08(J)(4) of the Indian River County Code Of Ordinances through April 30, 2020. 258 1 G1 Date: To: Indian River County, Florida Department of Utility Services Board Memorandum March 26, 2020 Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Sean McFarland, Assistant Operations Manager Subject: Sole Source Purchase of Tyler Software and Services Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) warehouse currently uses Tool Crib software for inventory purposes. This standalone program is not capable of integrating with the County's current financial software known as Munis, which is a Tyler Technologies product. Tool. Crib is a software that is mainly used for tracking tools and is not practical for tracking utility supplies/parts. Tool Cribis also a limited ability software that only has the capability to look back 60 days concerning who was issued the parts. Keeping track of who used what in the event we need to perform an audit is vital information. Analysis: A representative from Tyler Technologies worked with the Information Systems (IS) staff members Randy King and Debby Phail, along with Nick Hawkins, who is the warehouse manager. Debby Phail agreed that the Tyler software will work for Nick to accomplish the ability to track who received the parts. Eventually, this software will allow an employee from a remote location to electronically request supplies/parts so they will be ready to be picked up when the employee arrives at the warehouse. Funding: Funds for the software are approved for the Fiscal Year (FY) 2019/2020 budget and found in the Utilities Operating Fund. Some items are Utilities Operating Capital, and other are software and hardware expenses. Operating revenues are generated from water and sewer sales. Description Account Number Amount Software (capitalized) 471-166153 $87,593.00 Computer Software (non -capitalized) 47126936-035120 $ 664.00 Computer Hardware 47126936-035130 $ 730.00 Total $88,987.00 259 Recommendations: Staff recommends that the Board of County Commissioners authorize the Chairman to waive the bid process and authorize the purchasing manager to issue a purchase order to execute the purchase of the Tyler Technologies software on their behalf: Attachment: Tyler Software Quote 260 Indian River County - ERP - Inventory v) 4) O O 4r) 41100 - U • •••o•• ••• • • 2019-70850 Quote Number: 0 0 > Quote Description: Sales Quotation For Indian. River County O 00 Vero Beach, FL 32960-3388 Phone +1 (772) 567-8000 Tyler Software and Related Services F451.' 111FMATE1MyMte7'ti MR11ntair-I ZIETIRolfilthglett c O Q 0 0 O 0 (a M 0o EA ^o O O O O O O O O_ Ki 0 00 0 0 CO CO CO O O) EA E9 O O 0 EA ER EA 0-0 0 0 0 0 O 0 0 0 CD • 69 0 69 in EA O 0 0 0l 0 O 0 0 0 0 (OD N 000 000 of v c c - EA • EA O o O O O O O O O O O O O O O 0 N CO O N (O tr) N ' E(j ▪ EA I.0 E9 EA EA a) U co a) c C c C co U in T 0 N c To .o O a. co to c C c > iZ c a F2 _ Less Discount: Other Services 1 • i c Ea 0 C O Q U a) 0) 0 0 0 0 0 in inER EA O O O EA • tal'ear •n: • t -I Pri - nit Maintenance lnit Taintenanc= MEI MU a) U 0_ c > c N 0 O 0. U 0 mammazin 0 U (i) 0 O O 0 Er). co O EA O O 640 0 0 tr) O) O O 0 EA O O O ER 0- o EA 0 O O O Er) Ef) O O O ER O 0 0 0 N 03 0) O N M, to 6s 00cito to O O O O O O Lri 0)) O ON) O O N tr) h EA EA EA r 1 a) N a) U_ Cn O To c > _O y co aa) O 0 =U' a00) m 115 O 0 3rd Party Hardware Sub -Total: 1 3rd Party Hardware, Software and Services IIIIis IWIC I11iiMt aumilKMO - MMPMM C) U IL c T (E 0 0 0 U u) U) 0 IiSF�utau:JuS. C 0 0 (I) 0 O O O O O G 69 4A- 0 A O 0 0 0 O 1� 0 CO 0 M tri M 63 41, y 0 O O O d O O O C LL ER ER .ER 411- s - One Time Fees c 4 E O O O O O O O O O O O O I- n I- COO co co CO) a (D 'CO co CO CO N CO CO ER ER ER ER ER t Total Tyler Software Summary Total Contract Total U =ii M.% EitaMEM 0 U 0 c C 0 0- u U) 0 0 0 0 O O O O o o 1.0 ER !R Inventory Std Master Optional Tyler Software & Related Services Bata onv-rsio N O 0 a E C 0 .Q U N 0) 0 Additional: 0 0 0 0 O O 0 L N ER fA 0 0 0 O N ER to 0 0 69 Eft 0 0 Inventory - Commodity Codes - G J H 0 Optional Conversion Details (Prices Reflected Above) 0 Q caU 0) 0 O O O O 0 O N ER Inventory - Commodity Codes Customer Approval: Print Name: All primary values quoted in US Dollars Tyler Discount Detail MIKORMITAIN 'u6lRta�:��iK:: ►L�i •faC ••.i 0) C 00) J 0) Z O U 0 Financials: 0 O 69 O ER O GR 0 0 0 O 4 0 "zr t0 M O M CO Cf ER O O f0 M co ER O O O ER O O O t0 M GA 0 0 0 O O O O O O O N O to N69. 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C N cn ~ a) a) 'O 'd ^o vi t atl cn U L O L. 'fl bA cn a) .O+ O. y c� 0. N O O OA,Oa• 7 U .4,19 L >, a O O ❑O.- a :5 o0. . • N yN 0 i., as >y 5, 3 a)d -o O O . E a '- A. ca E'v " a y U c3 'O 4. .n o 3 U y a3 04 y„ .L O a) a: C. N O GL y O. •O O 0 �' ca c� �' 0 O' a. O U '> 3 0 . � CA bn °: cn bn > 0 .O .; E>' . _ vl .9 .-0 - dr. Ux� > a) . v a '' L.' N _> O Y N N 0 --.)O E - E> 0'`.� °t E "' Quatred Professional Services: 2 days onsite installation, configuration and training. Includes travel and living. a) o \p 0 O LU' a) C 0 0 0 U ccu c 0 • r ,D aa) o a) U w'O co cc; O 0 F. Y d •; -O ❑ - -0E E tab as cn o ca .5 790 O 7 C O O. ..0 a) i = ) 3 ao 0. L U 0 0 _ a) c) o - -no 0 , o 0p 0 .O O cn O. a) ca cu 0 :1J a) > U 0 U -0 v TS ! F. > O U •aa ¢ 3 1�. 0 Q) U 07.4 G. ca 0 0 bA O 0 a) T7 > 0. 0 0 Q M O Indian River County, Florida Department of Utility Services Board Memorandum Date: March 26, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager Richard Meckes, Wastewater Superintendent Subject: Sole Source for Trillium Pumps USA SLC LLC Background/Analysis: In 1992, the Indian River County Department of Utility Services (IRCDUS) took over the South County Wastewater Treatment Facility (SWWTF) from General Development Utilities (GDU). The Wemco sludge load -out pumps were installed in 1984 by GDU. These two (2) Wemco pumps are designed to. transfer sludge from the sludge holding tank to the sludge tanker for transport to the Residuals Dewatering Facility. This process equipment is required in order to ensure that the facility is in compliance with.the Florida Department of Environmental Protection (FDEP) permit and to protect the health and safety of our environment. Over the last thirty-six (36) years, the equipment received routine maintenance, but the equipment is now in need of replacement. The replacement will consist of the total replacement of the pumps, motors and pump base plates. Due to the configuration of the pipe work, the electrical systems and the foot print of the pumps the replacement must be an exact match to avoid any further expense or redesign. The new pumps have a one-year warranty period from the date of install and will have an expected useful life of 20 or more years. It should be noted that this item is on IRCDUS' deferred maintenance list for Fiscal Year (FY) 2019/2020. Trillium Pumps is the sole source provider for Wemco pumps. Trillium Pumps USA SLC LLC has provided a proposal for the complete pump package replacement for a cost of $44,642.00. FUNDING: Funds for this project are available in the Renewal and Replacement (R&R) budget in the Utilities Operating Fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Sludge Load Out Pump Replacement 47121836-044699-19527 $44,642.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Trillium Pumps USA SLC LLC as the sole source for Wemco Pumps and waive the requirement for bids for this and any other Wemco pump process equipment, parts, and services; and authorize the Purchasing Manager to issue a purchase order to Trillium Pumps USA SLC LLC for $44,642.00. ATTACHMENTS: 1. Trillium Pumps USA SLC LLC Quotation #1123806 2. Sole Source Letter, Trillium Pumps USA SLC LLC 268 Trillium Pumps USA SLC LLC Quotation 27 Feb 2020 TRILLIUM FLOW Indian River County Quotation number: 1123806 South County WWTF 2500 6th Avenue SW Revision: Rev 1 Vero Beach, FL 32962 Attn: Project: Replacement SN 11 DW08356-01 (Indian River County, FL) Your reference: We thank you for your above referenced inquiry, and are pleased to submit our quotation for your consideration. Please see the next page for a summary of our offer. Full details can be found in subsequent pages. Rev1: Complete Pump Packages Only. Qty 2. We hope you find our quotation in line with your requirements. However, if you have any questions, please do not hesitate to contact us. Sincerely, Robert Haws Trillium Pumps USA SLC LLC Trillium Pumps USA SLC LLC • 440 West 800 South - P.O. Box 209 (84110-0209) • Salt Lake City, UT 84101 phone: 801 3598731 • fax: 801 5307828 • 269 Page 1 of 10 Trillium Pumps USA SLC LLC 27 Feb 2020 Indian River County South County WWTF 2500 6th Avenue SW Vero Beach, FL 32962 Attn: Quotation Summary Atinik IIP FLOW R/LLIUM Quotation number: 1123806 Revision: Rev 1 Project: Replacement SN 11 DW08356-01 (Indian River County, FL) Your reference: The following is a price summary for this quotation. Please see item specific pages for more details. Item number Service Size Unit Price Unit Freight Qty Extended Price 002: Complete Pump Package Replacement 4" Model C $ 21,375 $ 946 2 $ 44,642 Grand Total $ 44,642 PUMP FEATURES: All Trillium Pumps USA SLC LLC are designed to reduce maintenance costs through greater pump reliability and improved mean time between failure. SCOPE OF SUPPLY: Only that material detailed in this quotation is being offered. No assumptions should be made that anything not specifically specified is included. QUALITY STANDARDS: Trillium Pumps USA SLC LLC is an ISO ISO 9001:2015 certified plant. VALIDITY: This offer is valid for 60 days from date issued. Quoted prices will be held firm through shipment if order is released for manufacture within 60 days from order entry date. PRICE:. Price quoted is for all items purchased at one time. In the event of a partial order, we will review and adjust accordingly. SHIPMENT: Approximately 12-14 weeks after receipt of approved purchase order and/or final approval of submittal and drawings. START-UP: Not included. TERMS AND CONDITIONS: This quotation is conditioned on Buyer's acceptance of the Seller's General Terms and Conditions of Sale (attached hereto as GSD -30, Rev 10.2019) and Seller's Warranty (attached hereto as GSD -31, Rev 10.2019). Any modification to these terms and conditions may result in a price and/or delivery impact. PAYMENT TERMS: 100% Net 30 days (subject to credit approval). Purchase orders must be made out to Trillium Pumps USA SLC LLC. Trillium Pumps USA SLC LLC • 440 West 800 South • P.O. Box 209 (84110-0209) • Salt Lake City, UT 84101 phone: 801 359 8731 fax: 801 530 7828 • 270 Page 2 of 10 • TW RILCHLIUIEM Customer Indian River County Customer Price Sheet Size / Stages Trillium Pumps USA SLC LLC 20.0.2 4" Model C / 1 Item number 002: Complete Pump Package Replacement Pump speed 630 rpm Customer reference Quote number 1123806 Totals Grand Total Pump $ 44,642 $ 44,642 Lead Time Total Total unit weight N/A 1,510.0 Ib Pump Qty Description- Unit Price Extended Price 2 4" Model C General Pump Options Pump Options Clockwise rotation (CW) Steel pump hardware Bearing lubrication Oil lubricated bearings Nitrile elastomers Case Assembly 4x4 Case Vertical Top High chrome case (650+ BHN hardness) No case vent & drain Standard suction connection Rotating Assembly Rotating Assembly High chrome impeller (650+ BHN hardness) Static balance Steel shaft Steel impeller bolt Pump Sealing. Pump sealing Seal Type: Packing Acrylic/graphite packing 416 SST shaft sleeve Cast iron gland housing/backplate Bronze gland Driver Motors WSP Supplied Motor: WSP Supplied Motor 10HP 215T 1800RPM Premium Efficiency TEFC Horizontal motor All motors are sized and selected in accordance with Hydraulic Institute Grade 2 - 2B performance test acceptance grades and tolerances which adds 8% to the rated: horsepower requirement of the pump. This calculation has not changed the rated horsepower or efficiency shown on the Performance Data Sheet. View the link for more information from Hydraulic Institute. Motor manufacturer - WSP Standard Motor options F-2 Conduit Box Baseplate and Drive Belt Drive Baseplate - Side Mount Steel Baseplate WSP Standard Baseplate Design Steel Baseplate Hardware $ 22,321 . - $ 44,642 271 Trillium Pumps USA SLC LLC • 440 West 800 South - P.O. Box 209 (84110-0209) • Salt Lake C'ty, UT 84101 phone: 801 359 8731 • fax: 801 530 7828 Page 3 of 10 pTRILLIUM FLOW Trillium Pumps USA SLC LLC 20.0.2 Pump Qty . Description Unit Price • Extended Price Fiberglass/Polyethylene Guards Right Hand Side Mount Motor Belts and Sheaves Variable Speed Belts and Sheaves - Stationary Control Protective Coatings Paint type Epoxy 2 Coat Paint - Blue (Prime and Top Coat) Unless otherwise noted all motors will receive top coat only of specified paint Packing & Shipping Shipping No Boxing WSP Decision Carrier Freight Rates Freight Rates - Florida: Florida Material Testing Material Testing No Hardness Testing No Non -Destructive Testing Testing Testing No Testing Estimated Weights Bareshaft Pump: 890.0 Ib Baseplate: 440.0 Ib Driver: 180.0 Ib Misc. Weight: 0.00 Ib Misc. Weight: 0.00 Ib Misc. Weight: 0.00 Ib Total Per Unit Weight: 1,510.0 Ib 272 Trillium Pumps USA SLC LLC • 440 West 800 South • P.O. Box 209 (84110-0209) • Salt Lake City, UT 84101 phone: 801 359 8731 • fax: 801 530 7828 Page 4 of 10 Trillium Pumps USA SLC LLC Customer Customer reference Item number Service Quantity Pump Performance Datasheet : Indian River County : 002: Complete Pump Package Replacement :2 Quote number Size Stages Based on curve number Date last saved III FLOW :1123806 : 4" Model C :1 :4C_P10C-D56 : 27 Feb 2020 11:34 AM Operating Conditions Flow, rated Differential head / pressure, rated (requested) Differential head / pressure, rated (actual) Suction pressure, rated / max NPSH available, rated Frequency Performance Speed, rated Speed, maximum Speed, minimum Efficiency NPSH required / margin required Ns (imp. eye flow) / Nss (imp. eye flow) MCSF Head maximum, rated speed Head rise to shutoff Flow, best eff. point Flow ratio, rated / BEP Speed ratio (rated / max) Head ratio (rated speed / max speed) Cq/Ch/Ce/Cn [ANSI/HI 9.6.7-2010] Selection status 300.0 USgpm 19.00 ft 19.14 ft 0.00 / 0.00 psi.g Ample 60 Hz 630. rpm 1500 rpm 600 rpm 33.82 % - / 0.00 ft 1,830 / - US Units 20.00 USgpm 23.20 ft 22.09 % 428.9 USgpm 69.94 % 42.00 15.35 % 1.00 / 1.00 / 1.00 /'1.00 Acceptable Liquid type Additional liquid description Solids diameter, max Solids concentration, by volume Temperature, max Fluid density, rated / max Viscosity, rated Vapor pressure, rated Material selected Liquid Material : User defined • : 0.00 in : 0.00 % : 68.00 deg F : 1.000 / 1.000 SG : 1.00 cP : 0.00 psi.a : Standard Pressure Data Maximum working pressure Maximum allowable working pressure Maximum allowable suction pressure Hydrostatic test pressure : 10.04 psi.g : 85.00 psi.g : N/A : N/A Driver & Power Data (@Max density) Driver sizing specification Margin over specification Service factor Power, hydraulic Power, rated Power, maximum, rated diameter Minimum recommended motor rating : Rated power : 0.08 % : 1.00 :1.44hp : 4.26 hp : 8.49 hp : 5.00 hp / 3.73 kW 10.0 CL 7.5 5.0 0 d 2.5 0.0 150 Power 135 1500 mm 120 105 90 'D 75 c6 ell 60 45 30 - MCSF 630 rpm 15 bUU •m 0 0 100 200 300 400 500 600 Flow - USgpm Effieierry 100 90 80 70 60 0 50 CD 40 W 30 20 10 0 700 800 900 1,000 1,100 Trillium Pumps USA SLC LLC Quote No. 1123806 273 Page 5 of 10 27 Feb 2020 11:34 AM D 1 CD 0 I 0 ura-3 Mi 0°D 0 co(/) C (n -1Cm M o CO W OD L'uP MQ N — g op, . y D > m m> m +a Q Z n — )TE 3 TO SHEET VOTES ON_ SHEET < AL RIG c a .D D '.miZ16_7_7_7 _ _ _z_-' i .mi' - r1 — _ 7:1 8_ ..., u — HT HAND MOTOF — a 8 o N X � -1 �� � _ � _ ^ O �'I D.Z7�r m, FF Z z X / / / mi N l"" Yl • POISALOO (ID::GI I1i .mi 00 I \. 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V o o - q O '0 V) C UI C m C x zonmcnK W OW AIS O - AISOJ — q;i R a zr mz o n _wo r m o A .i CO An .i Z D D .31 (n R Ag E N x-=9 - I Z N vi C 3 A ••p ; o z co co co coA - n 0 D i i C__ i µw ,rµ m ^' �� - / d 0 m I- 0 D 1 r r NA ou 000�v I ea ZDnOn o z = -1Z m -i Gl D D N N N I-` 73 D • N m .'0 m Z zp -I M Vl CI Z m d o — A 3 O .._ m- m D 78213 3- I GENERAL ARRANGEMENT 4" MODEL "C". SIDE MOTOR MOUNT WEMCO TORQUE—FLOW PUMP 78213-1 I war 1 or 3 cmc w.405/PPA 320' Pnewme - -9 c, Z D -I O m m N -_- X — -1 m D TI m r Vmi . xir0 K =. � r- 0 -1 3> - 22 5/8 - 31 1/2 _ 03 w� j IV \ _ CO w� SHAFT CTR. -TO -- CTR. — WEMCO' ROTO -JET' 73 W� W— Z m z o I N I I — Z Z _'0 • J - WA --1-1G) 1-1 in Z 0 .0 N N N o CO AIW A rn *OW A ~ To 2 f 0 m d N A _ OI - Fags 27c 6t#10 D I _ clzaL,,•...•I? o 1 0 TRILLIUM FLOW TECHNOLOGIES Trillium Pumps USA SLC LLC (Seller) GENERAL TERMS and CONDITIONS of SALE 1. SCOPE: Unless otherwise agreed in writing, Seller's Acceptance of Buyer's purchase order is conditioned upon Buyer accepting these terms and conditions. Seller shall produce and vend its equipment in accordance with the following provisions. Seller's Scope of Supply shall be limited to supplying those Goods (i) listed in Buyer's Purchase Order, and (ii) tendered in Seller's Proposal and (iii) described (including deviations/exceptions) in its Approved Submittals. Goods so supplied shall be accepted as fulfilling Seller's obligation to Buyer to supply Goods under Buyer's Purchase Order. Seller shall supply only those safety devices, if any, described in the order or in its proposal and drawings, and shall comply with those provisions of the federal Occupational Health and Safety Act of 1970. Purchase and Seller shall have identified safety device items as specifically applicable to the manufacture of the goods. 2. PRICES: All prices are based on an Ex -Works shipping term. Prices do not include any federal, state, or local sales, use, or other taxes. Taxes may be added to the price. PAYMENT TERMS: Unless otherwise agreed, all invoices are due and payable in full, net -30 days from the date of shipment or notification of readiness to ship, whichever occurs first. Credit terms are subject to Buyer's creditworthiness, which shall be determined solely by Seller. Late payments shall be charged interest at the rate of 1.5% per month or the highest rate allowable under law, whichever is less. Buyer shall pay the full amount due, regardless of any payment schedule between Buyer and its customer. If Buyer is in default of any payment Seller may offset any monies of Buyer available to Seller or in Seller's possession; declare all payments for completed work immediately due and payable; stop all further work until payments are brought current, and/or require advance payment for future shipments. 4. SECURITY INTEREST: To the extent allowable under applicable. law, Seller retains a security interest in, and right of repossession, to the goods until Purchase has paid in full. Buyer will not encumber, nor permit others to encumber, the goods by any liens or security instruments. In the event legal action is necessary to enforce Buyer's obligations under any order, Seller shall be entitled to recover its court costs and reasonable attorney's fees if it prevails. Buyer shall provide insurance for Seller's benefit to protect Seller's interest against loss or damage until the goods are fully paid for. 5 SHIPMENTS, TRANSFER OF TITLE/RISK, AND DELIVERY SCHEDULE: Unless otherwise agreed in the order, shipment shall be EXW (Incoterms 2010). Title to goods shall pass upon payment in full. Risk shall transfer upon delivery. Buyer and Seller shall mutually establish the equipment ship date(s) and understand that these may change as required by construction and manufacturing schedules, and any requested change in schedules shall require Seller's agreement. Buyer must provide Seller all necessary information and instructions regarding its requested delivery schedule, including any required drawing approvals, and Seller shall use reasonable efforts to meet the shipment dates in the order. However, any such dates are estimates only and are neither guaranteed nor a term of this agreement. Seller shall have no. liability to Buyer or its customer for any damages, whether direct or indirect, for any delay in shipment or delivery, regardless of the severity of the delay 6. TERMINATION: In the event Buyer elects to terminate this agreement for its convenience, Buyer shall pay Seller all amounts properly due for the goods and/or services provided before the date of termination plus (i) any costs and expenses actually incurred or irrevocably committed to in good faith related to any goods and/or services not yet provided under the purchase order and (ii) any costs, losses, and expenses actually incurred directly resulting from the termination. 7. DELAYS AND SUSPENSION: If Buyer requests a suspension, or delays Seller's. work, Buyer shall pay Seller all reasonable and necessary costs incurred due to the suspension or delay, including storage, demobilization and re -mobilization costs, plus Seller's overhead and reasonable profit, incurred as a result of the suspension and, if the suspension or delay continues for more than 30 days, Buyer shall make an interim payment for work completed. Additionally, all charges and risks for storage, disposition, and/or resumption of work shall be borne solely by Buyer. 8. STORAGE: In the event Buyer requires storage of equipment after completion of Work, and prior to shipment, Buyer agrees to the terms of Seller's "Bill and Hold Agreement", and shall pay the storage charges up to a maximum of one -and -a -half percent (1.5%) of the Purchase Order value per month of storage. 275 Page 7 of 10 9. TEST REPORTS: If applicable, Buyer shall obtain the project engineer's approval of test reports within two weeks from submission. In no instance, however, shall delay approval be grounds to withhold payment for completed work or delay shipment of the goods. In the event Buyer requires an extension of time to receive approval, the provisions of sections 7 and 8 shall apply. 10. FORCE MAJEURE: Seller shall not be liable to Buyer nor be deemed to have defaulted under or breached this agreement for Seller's delay in fulfilling any of its obligations under this agreement if such delay is caused by events beyond its reasonable control (Force Majeure). Seller shall give Buyer notice within a reasonable time of the Force Majeure event and shall use reasonable efforts to end the delay and minimize the effects of Force Majeure. Should there ever be any time of performance, it shall be automatically extended for a time period equal to the period of Force Majeure and its consequences. 11. WARRANTY: In accordance with its Limited Warranty (GSD -31), Seller warrants its products to be free from defects in materials and workmanship when operated under the normal conditions for which the products were designed. Seller makes no other warranties, express or implied through GSD -31, and disclaims all implied warranties including, without limitation, any warranty of fitness for a particular purpose, merchantability, and any implied warranty that could arise from course of dealing or usage of trade. Seller also disclaims all statutory warranties. 12. PATENTS AND INTELLECTUAL PROPERTY: Buyer agrees that it shall indemnify the Seller against all claims, demands, damages, penalties, costs and expenses to which the Seller may become liable by reason of any infringement or allege infringement of a patent or patents arising out of performance of this order if the equipment is constructed in accordance with Buyer's detailed drawings or designs submitted to Seller. All devices, processes, confidential information, designs (including drawings, plans and specifications), inventions (whether patented or not), ideas, concepts, equipment, technology, improvements, estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights in and to Seller's property and improvements thereof, ("Seller's Intellectual Property"), shall remain exclusively owned by Seller. Seller grants Buyer a revocable, non-exclusive, non -transferable license to use any such material solely for Buyer's and Owner's operation and maintenance of the goods and services. Such license shall exclude the right to reproduce, have reproduced, or sell such intellectual property. Buyer shall not disclose any such material to third parties (other than the Owner) without Seller's prior written consent. 13. LIMITATION OF LIABILITY: NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, SELLER SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, FAILURE OF A REMEDY TO ACHIEVE ITS INTENDED OR ESSENTIAL PURPOSES, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR ANY OTHER LEGAL THEORY FOR LOSS OF USE, REVENUE, SAVINGS, OR PROFIT; COSTS OF CAPITAL; SUBSTITUTE USE OR PERFORMANCE, INDIRECT, SPECIAL, LIQUIDATED, PUNITIVE, EXEMPLARY, COLLATERAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; CLAIMS BY BUYER FOR DAMAGES OF BUYER'S CUSTOMERS; OR ANY OTHER LOSSES OR COSTS OF SIMILAR TYPE. "Consequential Damages" shall mean loss or deferral of production, loss of product, loss of use, exclusion, and loss of revenue, profit or anticipated profit, cost of capital, overhead, cost of substitute products or services, downtime costs, increased cost of working, loss of contract or business interruption, facility, vessel or rig downtime, costs related to cleanup, removal, release or response to any hazardous material, inability to use property and equipment, losses resulting from failure to meet other contractual commitments, claims of a party's customers for any of the foregoing, and special, incidental, punitive, and speculative damages, as well as indirect losses or damages of any type no matter how characterized. SELLER'S AGGREGATE LIABILITY TO BUYER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO GOODS SOLD OR SERVICES PROVIDED OR OTHERWISE RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, SHALL NOT EXCEED FIFTY PERCENT (50%) OF THE TOTAL VALUE OF THE ORDER UNDER WHICH THE CLAIM AROSE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF THE BUYER'S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. 14. CHANGES AND BACK CHARGES: Seller shall not be obligated to make any changes in or additions to the scope of the work unless Seller and Buyer first agree in writing to the details of the change and any resulting price, schedule, or other contractual modifications. Any change to any law, rule, regulation, order, code, standard, or requirement which requires any change hereunder shall entitle Seller to an equitable adjustment in the price and time of performance. Buyer agrees not to return goods or back charges for labor, materials, or other costs incurred in modification, adjustment, service, or repair of goods unless previously approved in writing by an authorized agent of Seller. 15. CHANGES IN DESIGN: Upon written notification to Buyer, Seller may modify the design and construction of the goods in order to incorporate improvements or to substitute material equal, or superior, to that originally specified. No charge shall be made to the Buyer for modifications made at Seller's option. 16. DUAL USE ITEMS: In accordance with current U.S. government export rules, items made from Hastelloy C-22 alloy, Hastelloy C-276 alloy, and Inconel 718 alloy, forming part of any order fall into the category of "dual -use," for which Seller is required to obtain an export license. If an order includes a dual -use alloy, the order will not be considered accepted until the U.S. government has issued an export license. Furthermore, the delivery schedule for any good requiring regulatory approval shall only start once Seller has obtained such approval. If the government denies an export license the order will be considered to have been terminated by Force Majeure. 276 Page 8 of 10 17.: PROPRIETARY INFORMATION: All information furnished by Seller is solely for Buyer's use in connection with the maintenance and operation of the goods and shall not be disclosed to any third party without Seller's prior, written consent. 18. GOVERNING LAW: This agreement shall be interpreted in accordance with the laws of the State of Utah, U.S.A., without regard to its conflicts of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Buyer shall irrevocably and unconditionally consent to, and submit themselves to, the exclusive jurisdiction of the state or federal courts of Sale Lake County, Utah, as the exclusive jurisdiction and venue for the resolution of conflicts arising from or pursuant to this agreement. 19. INDEMNITY: Seller shall indemnify, defend and hold Buyer harmless from any claim, cause of action, or liability incurred by Buyer as a result of third party claims for personal injury, death, or damage to tangible property, to the extent caused by Seller's negligence. Seller shall have the sole authority to direct the defense of and settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying seller of any claim, and (b) providing reasonable cooperation in defense of any claim. 20. U.S. EXPORT COMPLIANCE: Furthermore, as Buyer acknowledges that Seller is required to comply with applicable export laws and regulations relating to the sale, exportation, transfer, assignment, disposal, and the usage of the goods provided under the order, including any export license requirements. Buyer agrees that such goods shall not at any time directly or indirectly be used, exported, sold, transferred, assigned, or otherwise disposed of in such.a manner that will result in non-compliance of such applicable export laws and regulations. It shall be a condition of Seller's continuing performance of its obligations that compliance with such export laws and regulations be maintained at all times. The buyer agrees to comply with all applicable export laws and regulations of the U.S. Commerce, Treasury, State and Defense Departments, or other agencies regulating exports from the United States. Buyer agrees it will not export, re-export, or permit the re-export of any Seller good to an ultimate destination of restricted and/or embargoed country listed by the Departments of State, Treasury, Commerce, Defense, and/or individuals on the Directorate of Defense Trade Controls' Debarred List and Nonproliferation Sanction List, Bureau of Industry and Security's Denied Person's List, Entity List and Unverified List, and the Office of Foreign Assets Control's Specially Designated Nations List or any other U.S. government list; nor will Buyer's Customer export, re-export, or permit the re-export of any Seller good for nay prohibited uses under the U.S. export laws. To the extent that Buyer subcontracts its services or utilized agents or third -parties with respect to the provision of the Services to Seller, Purchase shall incorporate the obligations of this provision with respect to export compliance into its respective subcontracts and agreements with such sub -contracted agents and third -parties. All contracts entered into by Buyer with agents, affiliates, or third -parties must also include a specific requirement to comply with all laws and regulations (including U.S. export laws). BUYER AGREES TO INDEMNIFY AND HOLD SELLER HARMLESS FROM ANY AND ALL COSTS, LIABILITIES, PENALTIES, SANCTIONS AND FINES RELATED TO NON-COMPLIANCE WITH APPLICABLE EXPORT LAWS AND REGULATIONS. 21. ENTIRE AGREEMENT: This proposal expresses the entire agreement between the parties hereto and supersedes any previous communications, representations, or agreements, whether oral or written, and is not subject to modification except in writing, signed by an authorized officer of each party. 277 Page 9 of 10 TR/LL/UM now TECHNOLOGIES' Trillium Pumps USA SLC LLC (Seller) LIMITED WARRANTY COVERAGE: Seller warrants its products to be free from defects in materials and workmanship when operated under the normal conditions for which the products were designed. WARRANTY PERIOD: This warranty covers a period of twelve (12) months from the date product was placed into service, or eighteen (18) months from the date of shipment, whichever occurs first. REMEDIES: If the product fails due to defective materials or workmanship within the warranty period, Trillium's sole obligation after verification of the defect, shall be, at its discretion, the repair or replacement of the product. THIS PARAGRAPH PROVIDES THE EXCLUSIVE REMEDIES FOR ALL CLAIMS BASED ON FAILURE OF OR DEFECT IN A PRODUCT, WHETHER THE FAILURE OR DEFECT ARISES BEFORE, DURING, OR AFTER THE APPLICABLE WARRANTY PERIOD AND WHETHER A CLAIM, HOWEVER DESCRIBED, IS BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND IS SUBJECT TO ALL LIMITATIONS OF LIABILITY FOUND HERE OR ELSEWHERE IN THE TERMS AND. CONDITIONS. OWNER'S OBLIGATIONS: Owner shall notify Seller of a defect within ten (10) days of its discovery. At the Owner's expense, the defect may be verified at Owner's site, at Seller's authorized facility, or by returning the product to Seller's factory. EXCLUSIONS: This warranty does not apply to consumable items that are normally replaced during maintenance; and defects resulting from improper installation, operation, maintenance, storage, neglect, or accident. This warranty does not cover any expense for repairs or alterations performed outside Seller's factory without Seller's prior authorization. Equipment and accessories not manufactured by Seller are warranted only by the original manufacturer's warranty. Seller shall not be liable for costs of removal, transportation, or reinstallation of products. Seller shall not be liable for any consequential, special, incidental, or indirect damages or delays resulting from or related to defective products. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND ANY. IMPLIED WARRANTY THAT COULD ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. SELLER ALSO DISCLAIMS ALL STATUTORY WARRANTIES. GSD -31 Revised 10;739 Page 10 of 10 L 9TRILLIUM FLOW TECHNOLOGIES'''. February 27, 2020 Indian River County South County WWTF 2500 6th Avenue SW Vero Beach, FL 32962 Attn: Ms. Amanda Koch Subject: Sole Source Letter- TSC-JACOBS Dear Ms. Koch: Thank you for your inquiry in regard to WEMCO pumps and equipment. Trillium Pumps USA SLC, LLC in Salt Lake City, Utah is the only manufacturer and sole source for WEMCO TORQUE - FLOW recessed impeller pumps, WEMCO HYDROGRITTER grit separation systems, WEMCO Screw Centrifugal pumps and Prerostal PreRotation systems, WEMCO CHOP FLOW chopper pumps, WEMCO NON CLOG pumps, WSP Self - Priming Pumps and replacement parts for all above listed WEMCO equipment. For assistance and complete information on all WEMCO pumps, equipment, and parts, please contact our exclusive Municipal Representative in your area: TSC-JACOBS 11021 Countryway Blvd. Tampa, FL 33626 Telephone: (813) 888-5556 Fax: (813) 854-2183 If favored with your valued business please address any Purchase Orders to: Trillium Pumps USA SLC, LLC in CIO TSC- JACOBS. WEMCO Pump is a product line of Trillium. Pumps USA SLC LLC, formally named Envirotech Pumpsystems. Our Federal I.D. Number, 87-052 9231, has not changed. Thank you again for the opportunity to serve you. Sincerely, Michael S. Howard Regional Sales Manager 1 Municipal E-mail: mike.howardtrilliumflow.com VALVES PUMPS — SERVICES Trillium Flow Technologies www.trIlllumflow.com 0: +1.716-635-1110 92 Ridgewood Drive C: +1.716-53215 Amherst, NY 14226 USA April 7, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 1, 2020 SUBJECT: Discussion on the Coronavirus Aid, Relief, and Economic Security Act FROM: Tim Zorc Commissioner, District 3 Discussion Item: "7-71 I'd like to raise awareness of key elements of the Coronavirus Aid, Relief, and Economic Security Act via a discussion of the Act's potential benefits to local businesses and their employees. 280 First we have the Families First Coronavirus Response Act ("FFCRA")) [Next is the Payroll Protection Program ("PPP"); On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (H.R. 748) ("CARES Act''). This $2.2 trillion package is U.S. Congress's third stimulus plan in response to the COVID-19 pandemic, following an $8.3 billion public health funding bill on March 6 and the $100 billion Families First Coronavirus Response Act (H.R. 6201) on March 19. (Here is) some of the pertinent guidance to help you navigate these provisions. In essence This Act imposes. obligations on many employers to provide temporary paid family and sick leave to employees directly impacted by the COVID-19 pandemic. There are fully refundable tax credits available for amounts paid to employee's under this act. I have attached some pertinent PDF documents related to this act. which is an SBA -backed loan for up to 2.5 times your average monthly payroll costs. This loan is intended to supplant your own efforts in retaining employees during this pandemic, if your business closed or scaled back because of a closure order or decline in revenues. I've attached an information sheet and loan application to this email. In some instances the loan can be forgiven in its entirety. Any lender that is qualified to make SBA loans can fund a PPP loan. We suggest you speak with your current bank/lender to see if they are qualified to make SBA loans. All most all large national commercial lenders (PNC, Suntrust, Chase, etc.) are currently qualified to make these loans, and are gearing up for the process. The window for applying for these loans is 4/3/2020 to 6/30/2020. I've also attached some pertinent information related to this loan program. there is the Employee Retention Credit. The Employee Retention Credit is a fully refundable tax credit for employers equal to 50 percent of qualified wages (including allocable qualified health plan expenses) that Eligible Employers pay their employees. An eligible employer is one who 1) has had their business partially suspended due to an appropriate governmental authority imposing restrictions upon the business operations by limiting commerce, travel, or group meetings to COVID-19 such that the operation can still continue to operate but not at its normal capacity, or 2) experiences a 50 percent decline in gross receipts during the calendar quarter versus the same calendar quarter in 2019. This provision is heavy on the technical tax issues, and the IRS has done a good job with this FAQ that covers just about everything. 1https://www.irs.gov/newsroom/fags-employee-retention-credit-under-the-cares1 ct - These three (3) provisions are intended to keep employees paid and/or retained during times where normal business operations are impacted by the COVID-19 pandemic. 281 /58 5 Indian River County, Florida Solid Waste Disposal District Board. Memorandum Date: March 20, 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: Final Pay to Geosyntec for Work Order No. 5 — One Year of Groundwater Monitoring Reporting and Related Consulting Services at the Former South Gifford Road Landfill. Descriptions and Conditions: On May 7, 2019, the Solid Waste Disposal District (SWDD) Board approved CCNA-2018-Work Order No. 5 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $79,033. This is in accordance with requirements by the Florida Department of Environmental Protection (FDEP) for groundwater monitoring and reporting for an additional one year period and annual pollutiion remediation liabilities evaluation for the Former Gifford Road Landfill Site. Geosyntec's authorized scope of work included project management, meetings/regulatory interaction, annual pollution remediation liabilities evaluation, semi-annual sampling, and data evaluation reporting. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $76,814.87, which includes the final invoice of $8,473.04, that is $2,218.13 under budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for this work is budgeted and available in account number 31521734-033490-03004, which is the one -cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one -cent sales tax in addition to infrastructure. Description Account Number Amount One Cent Sales Tax Fund — Infrastructure Needs 31521734-033490-03004 $8,473.04 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $8,473.04. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. 282 Geosyntec° consultants Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 1120 North 12th Avenue Pensacola, Florida 32501 PH 850.477.6547 www.geosyntec.com 20 March 2020 Subject: Project Completion Report One Year of Groundwater Monitoring/Reporting and Related Consulting Services IRC CCNA-2018-Work Order No. 5 Former South Gifford Road Landfill, Vero Beach, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766Q — One Year of Groundwater Monitoring/Reporting and Related Consulting Services for the Former South Gifford Road Landfill site. This project was completed under CCNA-2018-Work Order No. 5, authorized on 7 May 2019, pursuant to the Continuing Contract Agreement for Continuing Engineering Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 17 April 2018. This report has been prepared as a supplement to our final Invoice No. 396086 dated 17 March 2020, which is attached. SCOPE OF WORK The scope of work authorized under Work Order No. 5 addressed the FDEP-required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events) and related consulting services. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Regulatory Interaction; (iii) Annual Pollution Remediation Liabilities Evaluation; (iv) Semi -Annual Sampling Activities; and (v) Data Evaluation and Semi -Annual Reporting. Below is a summary of the work by phase that Geosyntec performed under this work authorization. Phase 1— Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. PR20011_Project Completion WO No 5_FR0766Q engineers 1 scientists 1 innovators 283 Mr. Himanshu Mehta 20 March 2020 Page 2 Phase 2 — Meetings/Regulatory Interaction Under this phase, Geosyntec provided ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Geosyntec also corresponded with FDEP's Southeast District Office during the transition of the project to a new site manager within the district office. Phase 3 -Annual Pollution Remediation. Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of two sites, Former South Gifford Road Closed Landfill (4701 .41St Street) and Old Administration Building (1840 25th Street) and was submitted to IRC on 30 October 2019. Phase 4 — Semi -Annual Sampling Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events in June and December 2019. Throughout the two sampling events, a total of 57 groundwater samples were collected under this work authorization. Phase 5 — Data Evaluation/Reporting Under this phase, Geosyntec prepared the semi-annual reports for the June and December 2019 events. As, part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Each report was submitted to IRC SWDD for review and comment prior to submittal to FDEP. The 2019 Annual Groundwater Monitoring Report was approved by FDEP on 6 February 2020. BUDGET The approved budget for Work Order No. 5 was $79,033. The total invoiced amount, including the final invoice, is $76,814.87. Therefore, Geosyntec completed this project within the approved budget. PR20011 Project Completion WO No 5 FR0766Q engineers 1 scientists 1 innovators 284 Mr. Himanshu Mehta 20 March 2020 Page 3 CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at 850.483.5102 or 850.483.5100. Sincerely, Crystal Towns, P.G. Geologist 1A3?-fm,V4 Jill W. Johnson, P.G. Principal Geologist PR20011 Project Completion WO No 5 FR0766Q engineers 1 scientists 1 innovators 285 Geosyntec° consultants Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste. Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: • 1120 North 12t Avenue Pensacola, Florida 32501 PH 850.477.6547 www.geosyntec.com 20 March 2020 Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses through 15 March 2020 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 5 was approved by IRC on 7 May 2019 and the budget for the project was developed using labor rates that were approved by IRC for use in 2018.. PROJECT MANAGEMENT SUMMARY Geosyntec's Project No. FR07660: One Year of Groundwater Monitoring/Reporting and Related Consulting Services (IRC Work Order No. 5) Budget Overview Invoice No. 396086 dated 17 March 2020 for $8,473.04, Project No. FR0766Q is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 79,033.00 Invoiced Amount to -date: $ 76,814.87 Remaining Budget: $ $2,218.13 286 engineers 1 scientists 1 innovators Mr. Himanshu Mehta 20 March 2020 Page 2 Work Completed to Date The summer 2019 semi-annual groundwater monitoring event was completed from 4 to 6 June 2019. The semi-annual groundwater monitoring report was submitted to FDEP on 31 July 2019. Investigative derived waste (IDW) generated during Summer 2019 monitoring activities was transported off-site by Perma-Fix Environmental Services on .16 .July 2019. The annual IRC Pollution Remediation Liabilities Evaluation was submitted to IRC on 30 October 2019. The Winter 2019 semi-annual groundwater sampling event was completed the week of 9 December 2019. The 2019 Annual Groundwater Monitoring Report was submitted to FDEP on 31 January 2020 and approved by FDEP in a letter dated 6 February 2020. Work Reflected on Enclosed Invoice Labor indicated as professional services ($8,226.25) is attributedto project management and administration, data management and database maintenance, GIS file maintenance, and submittal of the semi-annual. report. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5102. Sincerely, ,C*1-e41,44---) Crystal Towns, P.G. Project Geologist Enclosure :engineers 1 scientists 1 innovators 287 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766Q South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766Q (IRC Work Order No. 5) 122372143 05/24/2019 $3,166.13 273373823 06/19/2019 $4,607.73 273376698 07/24/2019 $13,537.74 377976 08/15/2019 $5,501.49 380412 09/12/2019 $1,852.50 385733 11/16/2019 $4,429.00 388629 12/17/2019 $1,934.07 390907 01/17/2020 $18,773.63 393653 02/18/2020 $14,539.54 396086 03/17/2020 $8,473.04 TOTAL $76,814.87 FR0766Q/PR20016 engineers 1 scientists 1 innovators 288 Geosynec' consultants PLEASE REMIT PAYMENT TO: Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-3575. USA Tel (561) 995-0900 Fax (561) 995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. Invoice #: Invoice Date: Project: Project Name: 396086 3/17/2020 FR0766Q 2019 GIFFORD GWM For Professional Services Rendered through transaction date: 3/15/2020 If you have questions about this invoice, please contact Crystal Towns at 850.483.5102 Professional Services 3.0% Communication Fee Current Invoice **Amount Due This Invoice ** $8,226.25 $246.79 $8,473.04 $8,473.04 Statement Prior Billings Current Invoice Billed To Date Paid To Date $68,341.83 $8,473.04 $76,814.87 $53,802.29 Project Budget Expended to Date Contract Balance **Amount Due This Invoice ** $79,033.00 $76,814.87 $2,218.13 $8,473.04 289 Invoice # :396086 Project : FR0766Q -- 2019 GIFFORD GWM Phase : 01) PROJECT MANAGEMENT Class/ Employee Name PROJECT ADMINISTRATOR HERNANDEZ, STEPHANIE SENIOR STAFF PROFESSIONAL GALVIN, ANDREW PROJECT PROFESSIONAL TOWNS, CRYSTAL Total Phase : 01) PROJECT MANAGEMENT Hours Rate Amount 1.25 65.00 4.00 140.00 1.00 185.00 Phase Labor 3.0% Communication Fee 81.25 560.00 185.00 826.25 24.79 Phase : 02) MTGS/REGULATORY Class / Employee Name PROJECT PROFESSIONAL TOWNS, CRYSTAL Total Phase : 02) MTGS/REGULATORY Hours Rate Amount 20.00 185.00 Phase. Labor 3.0% Communication Fee 3,700.00 3,700.00 111.00 Phase : 05) DATA EVAL / REPORTING Class / Employee Name PROJECT PROFESSIONAL TOWNS, CRYSTAL Total Phase : 05) DATA EVAL / REPORTING Hours Rate Amount 20.00 185.00 Phase Labor 3.0% Communication Fee 3,700.00 3,700.00 111.00 Total Project Labor 3.0% Communication. Fee 8,226.25 246.79 Total Project: FR0766Q -- 2019 GIFFORD GWM 8,473.04 INCPMGEOPH Page Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 27, 2019 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Ron Jones, BSCE, Assistant Managing Director, Solid Waste Disposal District Subject: CCNA-2018 Work Order No. 32 to Kimley-Horn for the Solid Waste Disposal District Household Hazardous Waste and Recycling Facility Conceptual Design Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) rules to provide safe collection and disposal of Household Hazardous Waste (HHW). The current HHW Facility is over twenty years old, undersized, and creating unsafe ingress -egress traffic flow issues. The Recycling Transfer Facility was built five years ago, and the recycling materials are exceeding storage capacity. The purpose of this proposal is to address each of these conditions and provide SWDD with a suitable Civil and Architectural conceptual design. Analysis: Kimley-Horn and Associates, Inc. (Kimley-Horn) has prepared CCNA-2018 Work Order No. 32, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on April 17, 2018. The tasks are listed below showing the expected completion dates and their estimated fees. TASK. DESCRIPTION DUE DATE AMOUNT Task 1 Existing Conditions Assessment 30 Days from NTP (a) $9,200 — Lump Sum Task 2 Site Plan Alternatives and Order of Magnitude Costs 45 Days from NTP (b) $14,200 — Lump Sum Task 3 Conceptual Plans and Planning OPC 60 Days from NTP (c) $9,700 — Lump Sum Sub -Consultants (Architect and Survey) $14,300 Other Direct Cost $1,000 TOTAL (Lump Sum) = $ 48,400 NTP — Notice to Proceed (a) And receipt of data from SWDD. (b) Two alternative site plans along with Engineers Opinion of Probable Cost will be provided within 45 days of receipt of information from SWDD. (C) Consultant will revise the selected alternative with final comments from the Client to prepare a final conceptual plan and a two- dimensional and three-dimensional rendering of the final site plan. 291 Funding: Funding for the SWDD HHW and Recycling Facility Conceptual Design is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $400,000 for the 2019/2020 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $48,400 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve CCNA-2018 Work Order No. 32 with Kimley-Horn and. Associates, Inc. in the amount of $48,400, to provide engineering services related to the SWDD Household Hazardous Waste and Recycling Facility Conceptual Design. b) Authorize the Chairman to execute the same, as presented. Attachment: 1. CCNA-2018 Work Order No. 32 — Kim ley -Horn 292 WORK ORDER NUMBER 32 HOUSEHOLD HAZARDOUS WASTE AND RECYCLING FACILITY CONCEPTUAL DESIGN This Work Order Number 32 is entered into as of this _ day of 20_, pursuant to the Continuing Consulting Engineering Services. Agreement for Professional Services entered into the 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn, and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on. Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: SOLID WASTE DISPOSAL DISTRICT By: By: Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Susan Adams, Chairperson Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 293 EXHIBIT A - SCOPE OF WORK SCOPE OF WORK Task 1 Existing Conditions Assessment Consultant will coordinate with Surveyor and Geotechnical Engineer to gather information necessary to prepare site plan and conceptual design plans for the proposed new Household Hazardous Waste (HHW), Recycling, and Educational Facility. Consultant will engage a subconsultant, Masteller, Moler & Taylor, Inc. (MM&T), to perform the topographic survey for the Project area of work (shown in the figure below). 294 During the site investigation phase of the project, Kimley-Horn will: 1. Establish storm -water management criteria specific to the proposed development and to determine the type(s) of permit(s) required. 2. Request record drawings of the existing water and sewer system. Determine minimum fire protection water supply requirements relating to proposed facilities. 3. Perform up to two (2) site visit to observe existing conditions, verify survey features and document the site. 4. Obtain a Design Ticket from Sunshine State one call of Florida (SSOCOF) to verify utility providers within or near the project site. 5. Request utility as -built records for utility providers responding to the SSOCOF design ticket. 6. Review FEMA Maps for the site to determine recommended Finished Floor Elevation and lowest grade elevations for the Project. 7. Provide a list of survey and geotechnical requirements/deficiencies and coordinate with respective parties. Task 2 — Site Plan Alternatives and Order -of -Magnitude Costs Consultant will meet with County staff to discuss Project priorities and needs and develop a program for the proposed facilities to be constructed as part of the Project. Consultant will prepare up to two (2) alternative site plans and accompanying Opinions of Probable Cost (OPCs) for the Project based upon the identified Project needs and priorities for Client review. The proposed improvements anticipated to be included within the scope of work are anticipated to be: • Re -alignment of existing internal road • Demolition of existing HHW, Recycling, and Cardboard facilities • Construction of new, combine HHW, Recycling, and Educational facility • Associated sitework improvements Consultant will engage a subconsultant, CMK Design Studio, Inc. (CMK), to assist in preparing site plans and OPCs for the Project. Task 3 - Conceptual Plans and Planning Opinion of Probable Cost Based upon feedback provided on the two (2) alternatives evaluated in Task 2 above, the Consultant will revise the selected alternative with final comments from the Client to prepare a final conceptual plan for the Project which shall be the basis for final design (under a separate work order). Consultant will update the planning level OPC and provide to the Client for use in budgeting for the Project. Consultant will prepare a two-dimensional and 3-dimensional rendering of the final site plan for use in informational materials related to the Project. DELIVERABLES Task 1— Survey in PDF and CAD and existing conditions plan Task 2 — Site Plan Alternatives and Order -of -Magnitude Opinion of Probable Cost for each Alternative Task 3 — Conceptual Plans for Project and Opinion of Probable Cost for Selected Alternative 295 ASSUMPTIONS The Scope of Services and associated fees are as specifically states above and are based on the following assumptions. If additional information reveals material differences between these assumptions and Project needs or regulatory requirements the Consultant shall proceed only upon receipt of a supplemental work order: • Landscape architectural design services (proposed landscape and hardscape, irrigation, tree mitigation, etc.) are not included in this scope of services but can be provided as additional services. • For this proposal Kimley-Horn assumes that adjacent, existing water and sewer mains are of sufficient size, depth and capacity to serve the project. • Dry utilities (duct banks, electrical, communications, etc.) and gas utilities shall be designed by others and coordinated with Kimley-Horn. • The proposed development of the site will not require any archaeological or historical evaluations or studies under this scope of services. Information to be provided by the COUNTY includes: • Available site surveys and plans • Geotechnical Engineering report for the project providing vehicular and pedestrian pavement design recommendations and percolation test results, soil suitability, borings of unsuitable soils depths, and other pertinent information 296 EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses as follows: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Consultant's Labor Components Task Labor Fee 1 Existing Conditions Assessment $9,200 2 Site Plan Alternatives and Order -of -Magnitude Costs $14,200 3 Conceptual Plans and Planning OPC $9,700 Total Labor Fee $33,100 Sub -Consultants (Architect and Survey) $14,300 Other Direct Costs $1,000 TOTAL LUMP SUM FEE $48,400 297 EXHIBIT C - TIME SCHEDULE Upon authorization to proceed by the COUNTY, final documents are anticipated to take approximately two (2) months from the Notice to Proceed (NTP). NTP contingent upon approval 1 Existing Conditions Assessment 30 days from NTP 2 Site Plan Alternatives/Order-of-Magnitude Costs 45 days from NTP 3 Conceptual Plans and Planning OPC 60 days from NTP This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions. Notwithstanding any other provision of this Agreement, the Consultant shall not have liability for or be deemed in breach because of delays caused by any factor outside of its reasonable control. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 298 )58G Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March 27, 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: Approval of Amendment No. 1 to Recycling Services at Government Buildings and Facilities Agreement Descriptions and Conditions: On January 9, 2018, the Indian River County Solid Waste Disposal District (SWDD) entered into a Recycling Services at Government Buildings and Facilities Agreement with Waste Management Inc. of Florida. This agreement included a procedure for requesting an annual rate adjustment. The date to submit the request was April 30th; however, the calculation forthe rate adjustment required the use of the published Consumer Price Index for April which would come out after April 30th. Therefore, staff is requesting an amendment to this agreement to allow Waste Management sufficient time to submit the rate adjustment. Analysis: Staff recommends modifying the rate adjustment procedure to allow until June 1st for Waste Management to submit an annual rate adjustment. This is sufficient time for staff to review and recommend approval to the County Administrator prior to the rate going in effect as of October 1st of the same year. Funding: The change to the date of the adjustment request does not require any funding modifications. Recommendation: Staff recommends that its Board: a. Approve the Amendment No. 1 to Recycling Services at Government Buildings and Facilities Agreement with Waste Management Inc. of Florida to extend the due date forthe annual rate adjustment from April 30th to June 1st. b. Authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachment: 1. Amendment No. 1 to Recycling Services at Government Buildings and Facilities Agreement 299 FIRST AMENDMENT TO RECYCLING SERVICES AT GOVERNMENT BUILDINGS AND FACILITIES AGREEMENT This First Amendment to Recycling Services at Government Buildings and Facilities Agreement ("First Amendment") is by and between the Solid Waste Disposal District (SWDD), a dependent special district of 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 Waste Management Inc. of Florida (hereinafter called Contractor). Owner and Contractor, n consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, on January 9, 2018, SWDD and Contractor entered into the Recycling Services at Governmental Buildings and Facilities Services Agreement pursuant to Bid Number 2018010 (the Contract Agreement); and WHEREAS, SWDD and Contractor desire to amend the Rate Adjustment procedure to allow sufficient time to request a rate adjustment; NOW THEREFORE, in consideration of the mutual undertaking 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. Article 4.04 B Amended. The entire paragraph in Article 4.04 B is replaced with the following: B. Contractor may request an annual rate adjustment. Such request must be submitted in writing to SWDD no later than June 1 of the year in which Contractor would like the rate adjustment to go into effect. Such rate adjustments are subject to approval by the County Administrator or his designee. If approved, the rate adjustment would become effective October 1 of that year. 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, SWDD and Contractor executed this First Amendment this day of April 2020: Owner: Contractor: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT WASTE MANAGEMENT INC. OF FLORIDA By: By: Susan Adams, Chairman Name: David Myhan Title: President Date: APPROVED: ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Attest: By: Deputy Clerk Dylan Reingold, County Attorney 300 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: March, 26 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: Final'Pay to CDM Smith for CCNA 2018 Work Order No. 3 — Annual Permit Compliance and Monitoring Descriptions and Conditions: On January 15, 2019, the Solid Waste Disposal District (SWDD) Board approved CCNA 2018 Work Order No. 3 to CDM Smith for Annual Permit Compliance Monitoring and Reporting on behalf of the Indian River County Landfill. The authorization was executed with a not -to -exceed budget of $150,780. Analysis: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $2,400.00. After final payment, the total amount paid to CDM Smith will be $150,780. Attached is CDM Smith's letter report describing in more detail the services provided under each task. Funding: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $2,400.00 Recommendation: Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $2,400.00. Attachment: 1. CDM Smith Project Completion Report & Final Invoice 301 Smith 1701 Highway A -1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 February 19, 2020 VIA EMAIL Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District 2019. Annual Permit Compliance and Monitoring (WO No. 3) Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above referenced project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated April 17, 2018 under Work Order No. CCNA2018-WO No. 3 dated January 15, 2019. This project completion report is to serve as additional information to the final invoice (Invoice No. 90093394). IRC SWDD is required to perform environmental compliance monitoring and reporting for water and air quality in accordance with the IRC Landfill's operating permits. During calendar year 2019, IRC SWDD was required to submit semi-annual reports of groundwater and surface water quality at the IRC Landfill to the Florida Department of Environmental Protection (FDEP). This was done in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Water Quality Monitoring Plan (WQMP) included as Appendix 3 of Permit Nos. 0128769 -022 -SC and 0128769- 023 -SO for the Class I landfill and the WQMP included as Appendix 3 of Permit No. 0128769 -025 - SO -24 dated July 13, 2017 for the C&D debris disposal facility. Results of routine semi-annual monitoring of groundwater quality at the C&D debris disposal facility in January 2017 indicated that confirmed concentrations of benzene and sodium exceeded the Primary Drinking Water Standard Maximum Contaminant Levels (MCLs) in samples collected from monitor well MW -21S. MW -21S is one of the 10 detection monitor wells that comprise the monitoring network for the C&D debris disposal facility. In accordance with FDEP rules and the permit for the facility, the IRC SWDD reported the exceedances of the MCLs to the FDEP in March 302 WATER + ENVIRONMENT+TRANSPORTATION + ENERGY + FACILITIES CDM Smith 2017. In a letter dated June 22, 2017, FDEP requested that the IRC SWDD initiate evaluation monitoring in accordance with the requirements of Chapter 62-701.510(6), F.A.C. In July 2017, IRC SWDD installed one monitor well (MW -49S) and performed two quarterly sampling events (July 2017 and October 2017). Quarterly sampling continued to be performed in 2019. During performance of this Work Order, the IRC Landfill was operating under a Title V Air Operation Permit (Permit No. 0610015 -005 -AV), which was issued on June 1, 2017, that contains monitoring and reporting requirements related to the landfill gas collection and control system. IRC SWDD is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: • Annual Statement of Compliance • Annual Operating Re ort P • Annual Emissions Fee • Semi -Annual Monitoring Report • Annual Landfill Gas Sulfur Content Test IRC SWDD is also required to perform miscellaneous sampling and monitoring activities in compliance with the solid waste operation permits and the Multi -Sector Generic Permit (MSGP) for stormwater discharge (FLRO5G035-003). This project included providing the required permit compliance and monitoring services under the following tasks: • Task 1.0 - Project Quality Management • Task 2.0 - Semi -Annual Water Quality Sampling and Reporting • Task 3.0 - Title V Permit Compliance and Reporting • Task 4.0 - Evaluation Monitoring for the C&D Debris Disposal Facility • Task 5.0 - General Technical and Miscellaneous Permit Compliance Assistance 303 i0 Smith TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to assure that the project remained on schedule, within budget, and that the quality of the work products defined within this scope was consistent with CDM Smith's standards and IRC SWDD's expectations. CDM Smith coordinated with IRC SWDD staff for project planning. Preparation of invoices and project administration was also performed under this task. TASK 2.0 - SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING Under this task, CDM Smith assisted IRC SWDD with the semi-annual water quality sampling, monitoring, and reporting in accordance with Chapter 62-701.510, F.A.C. CDM Smith contracted with Ideal Tech Service, Inc. (ITS) to perform the groundwater and surface water sampling. The samples were analyzed by Environmental Conservation Laboratories, Inc. (ENCO) under contract to IRC SWDD. Semi-annual sampling of the Class I and C&D debris disposal facility groundwater monitor wells was performed in January and July of 2019. The samples collected from the Class I monitoring wells during these events were analyzed for the routine monitoring parameters listed in Paragraph 7 of the WQMP and Chapter 62-701.510(7)(a), F.A.C. The samples collected from the C&D debris disposal facility monitoring wells, except for MW -21, were analyzed for the routine monitoring parameters listed in Paragraph 8 of the WQMP and Chapter 62-701.730(8)(c), F.A.C. In total, 39 wells (29 Class I and 10 C&D) were sampled in January and 26 wells (16 Class I and 10 C&D) were sampled in July. Samples from one surface water site were collected in January and July, if water was discharging from the stormwater pond. The samples, if collected, were analyzed for the parameters listed in Paragraph 13 of the WQMP and Chapter 62-701.510(7)(b), F.A.C. The January 2019 semi-annual sampling event was conducted from January 28 to 30, 2019. For this event, groundwater samples were collected from the 12 intermediate -depth groundwater wells, 12 shallow groundwater wells, and one deep monitor well at the Class I landfill and 10 groundwater monitor wells at the C&D debris disposal facility. Water levels were measured in 55 monitor wells. A surface water level measurement was taken at Staff Gauge No. 12. The July 2019 event was conducted from July 15 to 17, 2019. For this event, groundwater samples were collected from the 12 shallow groundwater wells, one intermediate -depth well, and one deep monitor well at the Class I landfill and 10 groundwater monitor wells at the C&D debris disposal facility. A surface water sample was collected from the designated surface water sampling location. 304 i0 CDM Smith Water levels were measured in 55 monitor wells. A surface water level measurement was taken at Staff Gauge No. 12. CDM Smith assisted IRC SWDD in coordinating the analytical testing activities with ENCO, notified the FDEP prior to sampling, reviewed and evaluated the analytical test results, and prepared: the semi-annual reports. The January 2019 Water Quality Monitoring Report was submitted to the FDEP onApril 17, 2019 and the July 2019 Water Quality Monitoring Report was submitted to the FDEP on October 8, 2019. TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING The Title V Air Operation Permit (Permit No. 0610015 -005 -AV) for the IRC Landfill contains monitoring and reporting requirements related to the landfill gas collection and control system. In accordance with the Title V permit, CDM Smith assisted IRC SWDD, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CDM Smith prepared and submitted the Statement of Compliance for the reporting period of January through December of 2018.for the IRC Landfill to the FDEP on February 26, 2019 in accordance with Chapter 62-213.440(3)(a)(2), F.A.C. Electronic Annual Operating Report (EAOR). CDM Smith prepared and submitted the 2018 reporting year EAOR for the IRC Landfill to the FDEP on March 29, 2019. Semi -Annual Monitoring Report CDM Smith prepared and submitted two semi-annual monitoring reports to demonstrate . . compliance with thefederal requirements. The report covering July -December 2018 was submitted to FDEP on February 26, 2019. The report covering January -June 2019 was submitted to FDEP on August 28, 2019. Annual Emissions Fee CDM Smith prepared and submitted the 2018 reporting year Title V fee to the FDEP on March 29, 2019. 305 Smith Annual Landfill Gas Sulfur Content Test CDM Smith sampled the landfill gas and then sent the samples to a certified air testing laboratory to determine sulfur content in accordance with Method ASTM D5504-12. CDM Smith calculated the sulfur dioxide emissions using the laboratory results and reported it to FDEP in a letter report. The calendar year 2019 report was submitted to FDEP on January 24, 2020. TASK 4.0 - EVALUATION MONITORING FOR THE C&D DEBRIS DISPOSAL FACILITY CDM Smith assisted the IRC SWDD with the quarterly sampling events for Calendar Year 2019 (January 2019, April 2019, and: July 2019) for MW -49S and MW -21S. CDM Smith subcontracted with ITS to perform the sampling. The samples collected in January, April and July were analyzed for the parameters listed in Chapter 62-701.510(7)(a), F.A.C. The January 2019 and July 2019 events were performed concurrently with the routine groundwater monitoring scheduled for late January and July 2019. The samples were analyzed by ENCO under contract with IRC SWDD. The January 2019 sampling event was completed on January 28, 2019. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on April 5, 2019. The April 2019 sampling event was completed on April 24, 2019. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on May 17, 2019. The July 2019 sampling event was completed on July 16, 2019. CDM Smith prepared and submitted an Evaluation Monitoring letter report to FDEP on August 15, 2019. Under WO 2, CDM Smith implemented the Contamination Evaluation Plan (CEP) for the C&D: Debris Disposal Facility. The results of the CEP implementation were provided to FDEP in the Contamination Evaluation Report (CER) on May 31, 2019. After submittal of the report, CDM Smith provided additional coordination assistance with FDEP under this WO 3. FDEP provided comments on the CER on June 26, 2019. CDM Smith met with IRC on July 1, 2019 to discuss FDEP's comments and determine the best option for IRC. CDM Smith facilitated a call with FDEP and IRC on July 23, 2019. FDEP agreed to CDM Smith's recommendation to proceed with quarterly assessment monitoring. CDM Smith prepared and submitted a letter response to FDEP's CER comments on August 2, 2019. Additional comments were received from FDEP on August 22, 2019. CDM Smith prepared and submitted a letter response to FDEP on September 18, 2019 clarifying the assessment monitoring and requesting to begin in January 2020 with the routine monitoring. On October 14, 2019, FDEP approved the quarterly assessment monitoring program and noted that it would replace the evaluation monitoring moving forward. 306 %%lth TASK 5.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE ASSISTANCE CDM Smith provided general technical and permit compliance assistance to IRC SWDD staff on an as needed basis including assistance with preparing agenda items, IRC budgetary information, and miscellaneous technical support. Under. this task, CDM Smith performed quarterly monitoring of the landfill gas migration monitoring wells located at the IRC Landfill site boundary, as well as enclosed structures located on site, and submitted reports of the results to the FDEP. The reports were submitted to the FDEP on March 18, 2019, June 14, 2019, September 12, 2019, and November 26, 2019. CDM Smith provided assistance with responding to FDEP's questions from their facility inspection on November 18, 2019. CDM Smith contracted with JAEE Environmental Services, Inc. to install one new piezometer for Segment 3 Cell 2 as required by Permit Modification Nos. 0128769-026-SC-IM/0128769-027-SO- MM issued April 2, 2018. The piezometer, PZ -1, was installed on February 12, 2020. CDM Smith staff obtained the required initial field parameters (depth to water, pH, temperature, conductivity, dissolved oxygen, turbidity, color, and odor) after installation. CDM Smith contracted with Masteller, Moler, and Taylor, Inc. to survey the new piezometer location and elevations. The well completion report was submitted to FDEP on February 14, 2020. CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. Sincerely, Amy M. Hightower, P.E., BCEE, PMP Project Manager CDM Smith Inc. 307 Smith INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 INVOICE Amount Due: $2,400.00 Please Remit To: CDM Smith Inc. PO Box 100902 Atlanta GA 30384-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90093394 Invoice Date: 02/18/2020 Project Number: 234990 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONDENCE SERVICES FROM January 19, 2020 TO February 15, 2020 In accordance with the Continuing Contract Agreement for Professional Services, dated April 17, 2018 and CNNA2018 Work Order No. 3, dated Januaryl5, 2019, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: Task PERM COMP MONT&RPT19 SEMI-ANNUAL WQS RPT TITLE V PERMIT EVALUATION MONITOR GEN TECH & MISC COMP Task % Total Previously Amount Due Amount Complete Invoiced Invoiced This Period $25,190.00 100.00% $25,190.00 $25,190.00 $0.00 $46,700.00 100.00% $46,700.00 $46,700.00 $0.00 $26,380.00 100.00% $26,380.00 $26,380.00 $0.00 $28,510.00 100.00% $28,510.00 $28,510.00 $0.00 $24,000.00 100.00% $24,000.00 $21,600.00 $2,400.00 Total $150,780.00 $150,780.00 $148,380.00 AMOUNT DUE THIS PERIOD $2,400.00