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HomeMy WebLinkAbout04/14/2020BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, APRIL 14, 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 Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 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 Pastor Thomas Griffin, Freedom Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice Chairman 4 ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Recognizing the Month of April, 2020, As Guardian Ad Litem Month Attachments: Proclamation 5.B. Proclamation for National Public Safety Telecommunications Week April 12-18, 2020 Attachments: Proclamation April 14, 2020 Page 1 of 4 APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Carmen Murico on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services Fire Rescue Division with Thirty Years of Service Attachments: Proclamation 8. CONSENT AGENDA 8.A. Checks and Electronic Payments March 27, 2020 to April 2, 2020 Attachments: Finance Department Staff Report 8.B. 2020 Florida Inland Navigation District Resolution for Assistance - Historic Jones Pier Museum & Education Exhibits Attachments: Staff Report Resolution for Assistance 2020 FIND IRC Grant Form 8.C. Right -of -Way Purchase — 58th Avenue/37th Street Intersection 5776 37th Street,. Vero Beach, FL 32966.Owners: Alan Chane and Abbe Chane Attachments: Staff Report Purchase Agreement B.D. Amendment No. 10 to the\ Civil Engineering and Land Surveying Agreement for Intersection Improvements at SR -60 and 43rd Avenue and the Widening of 43rd Avenue from 18th Street to 26th Street with Arcadis US, Inc. Attachments: Staff Report Amendment No. 10 with Arcadis, US, Inc. 8.E. Walter Dodd Comes, Jr. & Gina Keith Comes' Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-04-01 / 2018010082-83743] (Reel Acres AOE) Attachments: Staff Report Location Map Affidavit of Exemption Layout 8.F.: Extension of Agreement with CERES Environmental Services, Inc., for Disaster Debris Removal and Disposal Attachments: Staff Report Extension Ceres Contract 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES April 14, 2020 Page 2 of 4 10. PUBLIC ITEMS A. PUBLIC HEARINGS 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 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 G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Sixth Amendment to Interlocal Agreement with Palm Beach County Health Facilities Authority for Financing and Refinancing for Improvements and Additions. of Facilities Attachments: Staff Report Resolution Sixth Amendment (Exhibit B to Resolution) 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman April 14, 2020 Page 3 of 4 C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. 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 revieww in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. April 14, 2020 Page 4 of 4 PROCLAMATION RECOGNIZING THE MONTH OF APRIL, 2020, AS GUARDIAN AD LITEM MONTH WHEREAS, Indian River County prides itself on giving back to the community, contributing to the quality of life among our citizens; and WHEREAS, April has been designated National Child Abuse Prevention Month; and WHEREAS, April 19 through April 25, 2020, has been designated as National Volunteer Appreciation Week; and WHEREAS, the Guardian Ad Litem Program is a partnership of volunteers from our county and staff who advocate for the best interest of abused, abandoned, and neglected children within our community; and WHEREAS, there are at least 190 children in Indian River County involved in the court system through no fault of their own; and WHEREAS, there are 76 citizens of Indian River County advocating for their. community's children. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board hereby recognizes the month of April, 2020 as Guardian Ad Litem Month in Indian River County, and urges all residents to give of their time to make a difference in the lives of our most vulnerable children by volunteering with the Guardian Ad Litem Program. Adopted this 14th day of April, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 1 PROCLAMATION RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at any time that require police, fire, or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriffs Office Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are a vital link for our police officers and firefighters by monitoring their activities, providing them with information, and ensuring their safety; and WHEREAS, Public Safety Dispatchers of the Indian River County Sheriffs Office have contributed substantially to the apprehension of criminals, suppression of crime, and treatment of patients. They are knowledgeable and highly trained individuals who work closely with police, fire, and medical personnel; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their duties in the past year; and WHEREAS, Indian River County Sheriff's Office Public Safety Dispatchers dispatched 253,613 calls for service for Law Enforcement and 30,233 calls for Fire Rescue in 2019; and WHEREAS, Indian River County Sheriffs Office Public Safety Dispatchers answered 64,167 9-1-1 calls and 106,622 administrative calls; and WHEREAS, each year, the second full week of April is dedicated to the men and women who serve as public safety telecommunicators. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of April 12 through April 18, 2020, be designated as National Public Safety Telecommunications Week in Indian River County, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. Adopted this 14th day of April, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice -Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 �7A PROCLAMATION HONORING CARMENMURICO ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES FIRE RESCUE DIVISION WHEREAS, Carmen Murico retires from the Indian River County Department of Emergency Services Fire Rescue Division effective April 25, 2020; and WHEREAS, Carmen began his career as a Firefighter with Indian River County on November 4, 1990, was promoted to Driver/Engineer in 2003 and by 2009 had achieved the rank of Lieutenant in which capacity he served until his retirement; and WHEREAS, Carmen, a true public servant who could always be counted upon to do the next right thing, has served this County and the Public with distinction and selflessness; and WHEREAS, Carmen's admirable work ethic and sincere commitment to his brothers and sisters of the fire service have been greatly appreciated by his employer, citizens and co-workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFINDIANRIVER COUNTY, FLORIDA, that the Board applauds Carmen Murico's efforts on behalf of the County, and the Board wishes to express their appreciation for the exemplary service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 14th day of April, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 2, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS March 27, 2020 to April 2, 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 27, 2020 to April2, 2020. 4 TRANS NBR 394024 394025 394026 394027 394028 394029 394030 394031 394032 394033 394034 394035 394036 394037 394038 394039 394040 394041 394042 394043 394044 394045 394046 394047 394048 394049 394050 394051 394052 394053 394054 394055 394056 394057 394058 394059 394060 394061 394062 394063 394064 394065 394066 394067 394068 394069 394070 394071 394072 394073 394074 394075 394076 394077 394078 394079 394080 394081 DATE 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 CHECKS WRITTEN VENDOR SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC STURGIS LUMBER & PLYWOOD CO RANGER CONSTRUCTION IND INC SAFETY PRODUCTS INC DATA FLOW SYSTEMS INC BRENDA DICKHART DELTA SUPPLY CO SCHULKE BITTLE & STODDARD LLC SOFTWARE HARDWARE INTEGRATION JANITORIAL DEPOT OF AMERICA INC PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS ACUSHNET COMPANY TREASURE COAST SPORTS COMMISSION INC PITNEY BOWES INC NAEMT SHRIEVE CHEMICAL CO TRANE US INC SOUTHERN JANITOR SUPPLY INC JOHNS EASTERN COMPANY INC OCLC ONLINE COMPUTER LIBRARY CENTER OCLC ONLINE COMPUTER LIBRARY CENTER NICOLACE MARKETING INC WINSUPPLY OF VERO BEACH OVERDRIVE INC VERO BEACH PARTNERSHIP PENGUIN RANDOM HOUSE LLC SOUTHERN MANAGEMENT LLC STEWART & STEVENSON FDDA LLC SAMBA HOLDINGS INC UNIFIRST CORPORATION GOTTA GO GREEN ENTERPISES INC GOVERNMENTJOBS.COM INC COLE AUTO SUPPLY INC RHOADES AIR & HEAT NESTLE WATERS NORTH AMERICA TYKES & TEENS INC IM SOLUTIONS INC PIRATE PEST CONTROL LLC CALITEN LLC SKYDIVE SEBASTIAN OF SOUTH FLORIDA INC PSI TECHNOLOGIES INC JORDAN POWER EQUIPMENT CORP LIBERTY TIRE RECYCLING LLC KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC DESK SPINCO INC XGD SYSTEMS LLC STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC PLAYCORE WISCONSIN INC SPORTS ENGINE INC ROBERT SCARBOROUGH WELLS LLC THALES CONSULTING INC ANNA WATERS VERO BEACH LEASED HOUSING ASSOC III LLLP LAEDOFF HOLDINGS LLC AMOUNT 400.00 576.92 2,309.56 441.00 557.43 42.00 24.12 2,623.83 2,100.40 727.46 70.50 41.49 3,070.01 5,308.70 244.62 15.00 3,910.12 1,355.00 1,691.41 54,636.25 470.40 470.40 893.75 1,390.29 5,803.10 400.00 90.00 6,399.89 1,090.00 2,356.24 533.23 158.42 5,000.00 413.32 4,790.00 124.27 3,125.00 29,906.43 1,018.00 36.61 2,000.00 3,652.00 45.72 2,828.43 86.83 37.62 123,288.75 32.99 403.99 1,560.00 36.68 9,578.79 166.50 3,744.47 500.00 69.23 400.00 500.00 5 TRANS NBR 394082 394083 394084 394085 394086 394087 394088 394089 394090 394091 394092 394093 394094 394095 394096 394097 394098 394099 394100 394101 394102 394103 394104 394105 394106 394107 394108 394109 394110 394111 394112 394113 394114 394115 394116 394117 394118 394119 394120 394121 394122 394123 394124 394125 394126 394127 394128 394129 394130 394131 394132 394133 394134 394135 394136 394137 394138 394139 394140 394141 DATE 03/27/2020 03/27/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/30/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 VENDOR PREP SHOWCASE LLC SOUTH CONGREGATION OF JEHOVAHS WITNESSES TEN -8 FIRE EQUIPMENT INC RICOH USA INC SAFETY PRODUCTS INC AT&T WIRELESS BOUND TREE MEDICAL LLC CARTER ASSOCIATES INC DELL MARKETING LP CDM SMITH INC AT&T CORP ARTHUR J GALLAGHER RISK MGMT SERV INC CALLAWAY GOLF SALES COMPANY FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT INDIAN RIVER COUNTY TAX COLLECTOR GOULD COOKSEY FENNEL PA TOCOMA RUBBER STAMP & MARKING SYSTEM ARNOLD AIR CONDITONING INC NABORS GIBLIN & NICKERSON PA DONADIO AND ASSOCIATES ARCHITECTS PA RUSSELL PAYNE INC HULETT ENVIRONMENTAL SERVICES CELICO PARTNERSHIP SOUTHERN JANITOR SUPPLY INC MBV ENGINEERING INC GERELCOM INC 1ST FIRE & SECURITY INC WINSUPPLY OF VERO BEACH VERO BEACH PARTNERSHIP SOUTHWIDE INDUSTRIES INC TREASURE COAST TURF INC UNIFIRST CORPORATION TETRA TECH INC JORDAN POWER EQUIPMENT CORP APTIM CORP STAPLES INC LOWES COMPANIES INC PEOPLEREADY INC SMI TRADING LLC SMARSH INC REBECCA SIPLAK GRAINGER CITY ELECTRIC SUPPLY COMPANY DELL MARKETING LP BLAKESLEE SERVICES INC BAKER DISTRIBUTING CO LLC GO COASTAL INC FLORIDA POWER AND LIGHT NEW HORIZONS OF THE TREASURE COAST FLORIDA DEPT OF ENVIRONMENTAL PROTECTION L WALTON ELECTRIC INC ATLANTIC COASTAL LAND TITLE CO LLC STATE OF FL DEPT OF ECONOMIC OPPORTUNITY BERMUDA SANDS APPAREL LLC STRAIGHT OAK LLC CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA HAWKINS INC UNIFIRST CORPORATION SITEONE LANDSCAPE SUPPLY HOLDINGS LLC AMOUNT 6,000.00 2,048.75 3,916.67 140.84 55.48 904.74 330.00 1,040.00 31,520.00 9,805.00 22.62 1,865.00 2,062.98 6,232.46 2,659.98 521.64 937.50 21.19 389.00 826.50 200.00 309.60 160.00 1,111.93 1,515.93 2,835.00 21,372.14 75.00 908.93 400.00 8,056.22 143.00 375.99 3,500.00 29.81 1,359.75 115.78 591.57 6,154.37 50.56 500.00 56.50 300.24 175.42 1,701.00 660.00 544.67 223.45 10,517.24 26,657.00 18,000.00 220.00 1,425.00 6,317.50 1,009.59 357.75 425.00 652.50 18.76 179.96 6 TRANS NBR 394142 394143 394144 394145 394146 394147 394148 394149 394150 394151 394152 394153 394154 394155 394156 394157 394158 394159 394160 394161 394162 394163 Grand Total: DATE 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 03/31/2020 04/02/2020 04/02/2020 04/02/2020 VENDOR GOTTA GO GREEN ENTERPISES INC HYDROMAX USA LLC DOUG FLOOD EAST COAST RECYCLING INC CANARX GROUP INC KREMEDY LLC MAXIPLEX LLC CORE & MAIN LP VEROLA STUDIO LLC AMERIGAS PROPANE LP DROPBOX INC DEANGELO BROTHERS LLC BLUE GOOSE CONSTRUCTION LLC LOWES COMPANIES INC ELIZABETH PERALTA DARCY SEYMOUR TAMRA POFF TIFFANY MC PHAIL COASTAL COMMUNITY CHURCH FLORIDA POWER AND LIGHT AMAZON CAPITAL SERVICES INC ANATUM GEOMOBILE SOLUTIONS LLC AMOUNT 3,820.00 58,557.32 26.63 1,398.90 6,570.50 4,176.00 491.00 20,752.80 1,745.00 1,916.86 5,520.00 290.00 1,700.47 366.98 79.88 26.63 79.88 69.23 75.00 23,477.14 653.00 3,497.00 619,344.90 7 TRANS NBR 900402 900403 900404 900405 900406 900407 900408 900409 900410 900411 900412 900413 900414 900415 900416 900417 900418 900419 900420 900421 900422 900423 900424 900425 900426 900427 900428 900429 900430 900431 900432 900433 900434 900435 900436 900437 900438 900439 900440 900441 900442 900443 900444 900445 900446 900447 900448 900449 900450 900451 900452 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE 03/27/2020 03/27/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/01/2020 04/02/2020 VENDOR RIVER PARK ASSOCIATES LIMITED FOUNDATION FOR AFFORDABLE RENTAL GRACES LANDING LTD WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL THE PALMS AT VERO BEACH DAVID CONDON HILARY MCIVOR PELICAN ISLES LP SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC ADINA GOLDMAN INDIAN RIVER RDA LP LAZYJLLC JESSE LEWIS SKOKIE HOLDINGS INC OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 ANTHONY ARROYO DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER THEODORE BARTOSIEWICZ FOUNDATION FOR AFFORDABLE RENTAL RICHARD KUSSEROW WEDGEWOOD RENTALS LLC ALMA LUCKETT MCLAUGHLIN PROPERTIES LLC MYRIAM MELENDEZ WATSON REALTY GROUP SHEJI LLC LAWRENCE C SALTER SUNQUEST APRTMENTS LLC PJD HOLDINGS LLC ORCHARD GROVE VENTURE LLC SONRISE APARTMENT PROPERTIES LLC 2545 INDIAN RIVER BOULEVARD LLC SREIT LEXINGTON CLUB LLC VERO BEACH LEASED HOUSING ASSOC III LLLP AMOUNT 172.00 262.00 10,135.00 468.00 12,540.00 18,430.00 584.00 445.00 3,815.00 238.00 370.00 3,299.00 3,522.00 494.00 16,734.00 718.00 520.00 6,897.00 6,063.00 345.00 604.00 4,023.00 1,732.00 678.00 703.00 363.00 1,611.00 688.26 692.00 703.00 120.00 728.00 449.00 591.00 663.00 27,888.00 459.00 1,726.00 802.00 1,366.00 565.00 2,941.00 435.00 470.00 2,094.00 1,063.00 2,897.00 2,733.00 377.00 21,410.00 13,969.00 181,594.26 8 TRANS. NBR 1016424 1016425 1016426 1016427 1016428 1016429 1016430 1016431 1016432 1016433 1016434 1016435 1016436 1016437 1016438 1016439 1016440 1016441 1016442 1016443 1016444 1016445 1016446 1016447 1016448 1016449 1016450 1016451 1016452 1016453 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/27/2020 03/31/2020 03/31/2020 03/31/2020 04/01/2020 04/01/2020 04/02/2020 04/02/2020 04/02/2020 VENDOR AT&T CORP OFFICE DEPOT INC COMCAST PARKS RENTAL & SALES INC METAL CULVERTS INC INDIAN RIVER BATTERY DEMCO INC MEEKS PLUMBING INC ALLIED UNIVERSAL CORP IRRIGATION CONSULTANTS UNLIMITED INC HILL MANUFACTURING CO INC RECORDED BOOKS LLC COMO OIL COMPANY OF FLORIDA COMPLETE ELECTRIC NC STRYKER SALES CORP CONSOLIDATED ELECTRICAL DISTRIBUTORS INC SPINNAKER VERO INC L&L DISTRIBUTORS GUARDIAN ALARM OF FLORIDA LLC EFE INC PACE ANALYTICAL SERVICES LLC TOSHIBA AMERICA BUSINESS SOLUTIONS INC OFFICE DEPOT INC METRO FIRE PROTECTION SERVICES INC NEXAIR LLC AT&T CORP COMCAST CONSOLIDATED ELECTRICAL DISTRIBUTORS INC GUARDIAN ALARM OF FLORIDA LLC EFE INC AMOUNT 249.29 1,257.49 135.77 758.00 1,935.00 465.80 178.41 550.00 9,644.23 22.16 2,018.37 634.60 35.00 2,905.00 120.72 1,409.57 299.31 204.68 408.00 460.70 171.00 65.50 1,997.43 526.50 948.53 867.30 129.32 616.72 1,343.75 1,063.83 31,421.98 9 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7547 03/27/2020 KIMLEY HORN & ASSOC INC 78,240.00 7548 03/27/2020 VERO HERITAGE INC 2,030.00 7549 03/27/2020 TOWN OF INDIAN RIVER SHORES 7,012.91 7550 03/27/2020 C E R SIGNATURE CLEANING 5,250.00 7551 03/30/2020 U S BANK NATIONAL ASSOCIATION 394,618.75 7552 03/31/2020 SCHOOL DISTRICT OF I R COUNTY 333,760.06 7553 03/31/2020 ALLSTATE 175.92 7554 03/31/2020 ATLANTIC COASTAL LAND TITLE CO LLC 221.20 7555 03/31/2020 C E R SIGNATURE CLEANING 3,680.00 7556 03/31/2020 RX BENEFITS INC 239,214.51 7557 03/31/2020 RIO BAK CORPORATION 265,791.91 7558 04/01/2020 ST LUCIE BATTERY & TIRE CO 1,030.00 7559 04/01/2020 CLERK OF CIRCUIT COURT 90,887.58 7560 04/01/2020 INDIAN RIVER COUNTY PROPERTY APPRAISER 936,279.50 7561 04/01/2020 AMERICAN FAMILY LIFE ASSURANCE CO 20,853.66 7562 04/01/2020 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7563 04/01/2020 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 39,140.00 7564 04/01/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 7565 04/01/2020 MUTUAL OF OMAHA 7,455.10 7566 04/01/2020 MUTUAL OF OMAHA 18,843.89 7567 04/01/2020 COALITION FOR ATTAINABLE HOMES INC 975.00 7568 04/01/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,125.68 P -CARD 04/01/2020 TD BANK, N.A. 9,780.10 7569 04/02/2020 FL RETIREMENT SYSTEM 678,657.08 Grand Total: 7,613,580.49 10 8D CONSENT AGENDA BCC Meeting 4/14/2020 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Conservation Resources Division Date: To: March 31, 2020 The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kevin Kirwin, Director, Parks and Conservation Resources From: Beth Powell, Asst. Director, Parks and Conservation Resources Subject: 2020 Florida Inland Navigation District Resolution for Assistance — Historic Jones Pier Museum & Education Exhibits DESCRIPTIONS AND CONDITIONS: On October 15, 2019, staff presented the Board of County Commissioners with an update to the Jones' Pier Conservation Area Public Use Improvements. As part of that update, staff received authorization from the Board to apply for funding through available grant sources including the Florida Inland Navigation District's 2020 Waterways Assistance Program to repurpose the 1920s Bungalow Cottage/Main House as a museum with associated educational exhibits focused on historical and environmental education. Since that date, the public use improvements have been awarded to a contractor and are currently underway. The County received the final architectural and engineering plans to elevate the 1920s Bungalow Cottage and forwarded those plans to the Florida Division of Emergency Management's Hazard Mitigation Grant Program for review and approval through the Florida State Historic Preservation Office. Once those plans have been approved, staff will be returning to the Board to provide an update and request authorization to enter into a Federally -Funded Sub -award and Grant Agreement for the elevation of the Cottage which will provide funding for the elevation work. ANALYSIS The attached resolution (Attachment E-7 of the FIND grant application) is in standardized format as required by FIND. The resolution indicates that the County is applying for approximately 36% ($84,000.00) of the total estimated cost of the project. The following table provides a breakdown of estimated cost and funding requested: 11 Project Elements Estimated Cost County Match FIND Grant Application County Funding Source Design, production and installation of museum exhibits (interior) including interior renovations for public access, design production and installation of outdoor wayside exhibits (interactive & static) $234,000 $150,000 $84,000 Jones' Pier Conservation Area House Restoration/Elevation — Land Acquisition Bond Proceeds Fund 145 & Optional Sales Tax FUNDING: The current application submitted to the Florida Inland Navigation District (FIND) for the Waterways Assistance includes funding assistance to create, manufacture and install educational exhibits in the Bungalow Cottage and throughout the site. The estimated cost for the improvements submitted in the grant proposal is $234,000 with a County match of $150,000 and a request to FIND for $84,000. The County's intended match will be in the form of funding approved in the Capital Improvement Element of the Comprehensive Plan updated on December 3, 2019 from MSTU Fund/Parks/Jones Pier Improvements (Account #: 00421072-066510-18010). This funding is identified to provide Restoration and Elevation of the historic building, thus, if awarded, the grant funding provided by FIND will be utilized to create, fabricate and install the museum and outdoor wayside exhibits. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the resolution (FIND grant application "Attachment E-7") and authorize the Board Chairman to sign the resolution on behalf of the County. ATTACHMENTS: 1. Copy of Resolution for Assistance 2020 (FIND grant application "Attachment E-7") 2. IRC Grant Form — 2020 FIND Waterways Assistance Program APPROVED AGENDA ITEM FOR APRIL 14, 2020 12 ATTACHMENT E-7 RESOLUTION FOR ASSISTANCE 2020 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM Indian River County Board of County Commissioners WHEREAS, THE is interested in carrying out the (Name of Agency) Indian River County following described project for the enjoyment of the citizenry of and the State of Florida: Project Title Historic Jones Pier Museum & Education Exhibits Total Estimated Cost $ 234,000 Brief Description of Project: Museum exhibits and outdoor wayside exhibits at the Jones' Pier Conservation Area. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the that the project described above be authorized, AND, be it further resolved that said Indian River County Board of County Commissioners (Name of Agency) make application to the Florida Inland Navigation District in the amount of 36 % of the actual cost of the project in behalf of said Indian River County Board of County Commissioners (Name of Agency) AND, be it further resolved by the Indian River County Board of County Commissioners (Name of Agency) Indian River County Board of County Commissioners (Name of Agency) that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-423 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County Board of County Commissioners for public use. (Name of Agency) 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the fmal 10% of the funding agreed to by FIND. This is to certify that the foregoing isa true and correct copyof a resolution duly and legally adopted by the at a legal meeting held on this day of 20 . Attest Signature Title Title (2) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-9t4 GRANT NAME: Florida Inland Navigation District 2020 WAP GRANT # AMOUNT OF GRANT: $84,000 DEPARTMENT RECEIVING GRANT: General Services, Parks & Cons Resources CONTACT PERSON: Beth Powell TELEPHONE: 772-226-1873 1. How long is the grant for? 36 mos Starting Date: Oct. 1, 2020 Does the grant require you to fund this function after the grant is over? Yes 3. Does the grant require a match? X No Yes No If yes, does the grant allow the match to be In -Kind services? x Yes No 4 Percentage of match to grant 64 % 5. Grant match amount required 150' 000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Approved CIE Jones' Pier CA HoueElevation/Restoration- Optional Sales Tax & Fund 145 7. Does the grant cover capital costs or start-up costs? X Yes If no, how much do you think will be needed in capital costs or start-up costs: $ (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.) No Yes No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ 234,000 Second Year $ $ $ 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 . 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'? `R Signature of Preparer: Elizabeth Powell ,. °eh th ot o ntlxowntllanRiver , bNEzli O< //Date. 202.4.0211:0,10 M00 Date: 4/2/20 15 Grant Amount. Other Match Costs Not Covered Match Total First Year $ 84,000 $ $ 150,000 $ 234,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Elizabeth Powell ,. °eh th ot o ntlxowntllanRiver , bNEzli O< //Date. 202.4.0211:0,10 M00 Date: 4/2/20 15 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Right -of -Way Purchase — 58th Avenue/37th Street Intersection 5776 37th Street, Vero Beach, FL 32966 Owners: Alan Chane and Abbe Chane DATE: April 1, 2020 DESCRIPTION AND CONDITIONS Alan Chane and Abbe Chane own a 0.2 acre parcel of property located at 5776 37th Street, Vero Beach, FL 32966. Staff approached Mr. and Mrs. Chane in reference to purchasing the right-of-way for road improvements. The subject property consists of an unimproved vacant parcel that is located at the northeast corner of 37th Street and 58th Avenue. The property is zoned RS -6 single-family residential district (up to 6 units). Indian River County is purchasing the property for road expansion and drainage purposes. The County obtained an appraisal of the property indicating a value of $12,000. The County offered $12,000.00 to purchase the property. After a few weeks of negotiations all parties agreed on $16,000.00 purchase price, and the County paying all closing costs estimated at $300.00. FUNDING Funds for this expenditure in the amount of $16,300.00 is budgeted and available from Optional Sales Tax/ROW/58th Ave -37th Street turn lane, Account # 31521441-066120-15006. RECOMMENDATION Staff recommends the Board approve the Purchase Agreement in the amount of $16,000.00 for the purchase of 0.2 acre property located at 5776 37th Street, Vero Beach, FL 32966, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS Purchase Agreement APPROVED AGENDA ITEM FOR: April 14, 2020 16 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND ALAN CHANE & ABBE CHANE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2020, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Alan Chane and Abbe Chane, ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 5776 37th Street, Vero Beach, Florida 32966. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements at the 58th Avenue and 37th Street intersection in the future and the road expansion will impact the Seller's property; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to the 58th Avenue/37th Street intersection; and WHEREAS, the County has contacted the Seller and has offered to purchase right- of-way of approximately 8,712 square feet or 0.2 acres of property as depicted on Exhibit "A"; and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 5776 37th Street, Vero Beach, Florida 32966 and more specifically described in the legal description attached as Exhibit "A", fee simple, containing approximately 0.2 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $16,000.00 (Sixteen Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting 1 17 of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 Seller represents that there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice 2 18 delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying - marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of their personal property and equipment from the Property and shall deliver possession of the Property to County in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. (a) All ad valorem taxes which are a lien on the property or on prior to the closing date Shall be paid by Seller. (b) All non -valorem taxes, whether not yet assessed not due and payable shall be paid for by the Seller. The non -ad valorem taxes shall not be prorated, rather they shall be paid in full by the seller. 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay all expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 3 19 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2. All costs necessary to cure title defect(s) or encumbrances, other than the Seller Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; as well as receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: If to County: Alan Chane and Abbe Chane 780 23rd Avenue Vero Beach, FL 32962 Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak Fax Number: (772) 778-9391 4 20 Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioner or County Administrator as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully, completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 5 21 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date Approved by BCC tv 03-17.)010 Alan Chane Date _ Oir e_ 03-- i bbe Chane Date ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as jo Form and Legal Sufficiency: County Attorney 6 22 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description (Right of Way Acquisition) BEING ALL OF LOT 16, BLOCK No. 3, ACCORDING TO THE PLAT OF ANITA PARK, AS RECORDED IN PLAT BOOK 4, PAGE 66, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. CONTAINING 8751 SQUARE FEET, (0.20 ACRES) MORE OR LESS EXHIBIT "A" Surveyor's Notes 1). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A TOPOGRAPHIC SURVEY PREPARED BY INDIAN RIVER COUNTY ENGINEERING DEPARTMENT, JOB NO. 1356, DATED JULY 24, 2015. 2). THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS , WITH SHEET 2 SHOWING THE SKETCH OF THE DESCRIPTION. (8) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYORS SEAL. 3). THIS SKETCH AND LEGAL DESCRIPTION WAS PREPARED WITHOUT THE BENEFIT OF A TITLE POLICY. THEREFORE, THERE MAY EXIST EASEMENTS, RESERVATIONS, RESTRICTIONS OR OTHER ENCUMBRANCES NOT SHOWN HEREON, BUT CAN BE FOUND IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. Legend and Abbreviations D.B.S.= ST. LUCIE COUNTY DEED BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINIS T RATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STAJJJTES. / DATE OF SIGNATURE DAVID M. SIL P ' PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 8139 This is not a Boundary Survey Alan & Abbe Chane - 5776 37th Street AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. DATE: 02/19/2020 DRAWN BY: R. INGLETT SCALE: N /A APPROVED BY: D.SCHRYVER SHEET: 1 OF 2 JOB NO: 1357 Sketch and Legal Description for: INDIAN RIVER COUNTY (5776 37TH Street)23 F:\Public Works \ENGINEERING DIVISION PROJECTS\1357•S8th Ave 37th St Intersec Improv\Survey\1357 58th Ave -37th St Intersection Imp\dw9\1357•Chane 5776 37th Street Sketch-191_302002194w% 2/26/2020137:06 PM Sketch and Legal Description for: INDIAN RIVER COUNTY Legend and Abbreviations D.B.S.= ST. LUCIE COUNTY DEED BOOK I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC O.R.B.= OFFICIAL RECORD BOOK (P) = PLAT P.B.= PLAT BOOK PG = PAGE PBS = PLAT BOOK ST. LUCIE SQ. FT. = SQUARE FEET R = RADIUS R/W = RIGHT-OF-WAY Lot 9 • CO • w W• a- ✓ Y_ 50 co E~ Q 0 0. _0 0 J 1 N3ce aaoo 3 M N RIGHT OF WAY UNE 1 RIGHT OF WAY LINE —T 58th Avenue I 35' 0) rn N 17 re N 0 0 0 W z ppM CO n CO N a 0 'O O SOUTH UNE LOT 10, PER PLAT BOOK 1, PAGE 58 cc 37th Street 9, SOUTH LINE OF SECTION 29-32-39 NORTH LINE OF SECTION 32-32-39 I.R.F.W.C.D. Lateral "A-5" Canal This is not a Boundary Survey ROAD 30' 25' co 0 0 65' R/W 35' r. -PER P.B. 4, PG. 66 13 1� 1Er 1 M IQ lO i� Lot 1 32-39-28-00007-0030-00001.0 JOSIANNE FANFAN ALLEN SITE ADDRESS: 5775 38th STREET O.R.B. 1751, PG 261 O a 00 89.46' Plat Lot 16 /4///, 32-39-28-00007-0030-00016.0 Q_ ALAN & ABBE CHANE SITE ADDRESS: 5776 37th STREET .. O.R.B. 3240, PG 970 / CD' j/ 751fTAINIFT j// � 8751 SQ. T.t I� / 0.20 CRESt / 0)., 89.46' Plat Scale = 1"=40' Lot 2 Anita Park -Block 3 (PLAT BOOK 4, PAGE 66) Lot 15 au, a29 28 32 33 NORTH RIGHT40F WAY UNE SOUTH UNE OF SECTION 28-32-39 01 NORTH UNE OF SECTION 33-32-39 RIGHT OF' WAY UNE Lot 19 o >T •UT Z1 innmw 0 W0A'Po1 1 Kingsway Subdivision (PLAT BOOK 10, PAGE 59) 32-39-33-00007-0000-00019.0 HEATH AND JENNIFER SCHOENELD SITE ADDRESS: 5780 36th LANE O.R.B. 2501, PG 1849 Alan & Abbe Chane - 5776 37th Street Lot 18 AGENCY: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING DIV. DATE: 02/19/2020 DRAWN BY: R. INGLETT SCALE: 1 "=40' APPROVED BY: 0.SCHRYVER SHEET: 2 OF 2 JOB NO: 1357 Sketch and Legal Description for: INDIAN RIVER COUNTY (5776 37th Street)24 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, Asst. Public Works Director SUBJECT: Amendment No. 10 to the Civil Engineering and Land Surveying Agreement for Intersection Improvements at SR -60 and 43rd Avenue and the Widening of 43rd Avenue from 18th Street to 26th Street with Arcadis US, Inc. DATE: April 6th, 2020 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (fka Arcadis, G&M) is under original Agreement signed May 17, 2005 with Indian River County to provide Civil Engineering and Land Surveying Services for improvements to the SR- 60/43rd Avenue Intersection and the widening of 43rd Avenue from 18th Street to 26th Street. The purpose of Amendment No. 10 is to provide Post Design services as the Engineer of Record for this project on an "as needed" and "as requested" basis. The project construction commenced March 2020 and is expected to be completed in the second quarter of 2022. The total negotiated not -to -exceed fee for Amendment No. 10 is $100,000.00 to be billed based upon the attached fee schedule. FUNDING Funding is available from Optional Sales Tax/43rd Avenue & SR -60 — 18th Street to 26th Street - Account No. 31521441-066510-06041 in the amount of $100,000.00. RECOMMENDATION Staff recommends approval of Amendment No. 10 to Arcadis US, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Amendment No. 10 for a not -to -exceed amount of $100,000.00 on their behalf. ATTACHMENTS Amendment No. 10 with Arcadis US, Inc. 25 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@000E45D6\@BCL@000E45D6.docx IMPROVEMENT OF THE INTERSECTION OF SR 60 & 43" AVENUE PROFESSIONAL CIVIL ENGINEERING & STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 10 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (fka ARCADIS G&M, Inc.), AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated May 17, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of Services", and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION III — SCOPE OF SERVICES" is being modified to incorporate the following: Attendance at mandatory Pre -Bid Conference and Post Design Services by ENGINEER and its associated sub -consultants who have provided design assistance on various elements of the project. Services under this Amendment will be provided on an "as needed" and "as requested" basis. "SECTION V — COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay, and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: Professional Services Fees The estimated hourly charges mutually agreed upon by the ENGINEER and the COUNTY for services rendered shall be based on actual charges incurred on an hourly basis by ENGINEER and charges incurred by ENGINEER'S sub -consultants (plus 10%). Current hourly rate tables for ENGINEER and sub -consultants are attached. The following is an estimate of hourly charges and costs for Post Design Services: Post Design Services Roadway, Signing and Marking (ARCADIS & WGI, Inc.) $25,000.00 Page 1 of 2 G:\LNR Support\Proposals\WPB\20201Indian River County\SR60 - 43RD AVE AMENDMENT 10 3-3-20.doc 26 Signalization $20,000.00 (SIMMONS & WHITE Inc.) Structural Plans for SR 60 over Main Relief Canal bridge (Wantman Group, Inc. - WGI) Landscape Architectural (Wantman Group, Inc. - WGL) Lighting Plans (Mainstreet Engineering) TOTAL ESTIMATED HOURLY FEES $25,000.00 $15,000.00 $15,000.00 $100,000.00 The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 10 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2020. ARCADIS , IN INDIAN RIVER COUNTY, FLORIDA 1500 Gated oul a yard, Suite 200 Boynton each, :. 26 By:_. WITNESSED BY: By:.. Board of County Commissioners Approved by BCC. - Attest: Jeffrey R. Smith, Clerk of Circuit Court By: County :Attorney Deputy Clerk Approved as to Form and Legal Sufficiency Jason Brown, County Administrator Page 2 of 2 G:\LNR Support\Proposals\WPB\202011ndian River County\SR60 - 43RD AVE AMENDMENT 10 3-3-20.doc 27 RARCADIS & Cos.suttancy for natural and bunt assets ARCADIS US, INC. HOURLY RATE SCHEDULE Effective January 2020 Personnel Category Rate ($ per hour) Principal/Expert Witness $ 220.00 Sr. Project Manager $ _ 195.00 Professional. Surveyor $ 150.00 Sr. Project Engineer $ 150:00 Project Engineer/ Surveyor $ 125.00 Project Coordinator $ 95.00 Sr. Cadd Designer $ 100.00 Cadd Designer $ ___ 85.00 Sr. Field Representative $ _ 1.25.00 Field Representative $ 90.00 Engineering Assistant $ 60.00 Survey. Technician $ 80.00 Project Assistant/Clerical $ 65.00 2Man Field Crew $ 140.00 Courier $__ - _ 45:00 Expenses: In addition to labor charges, Arcaids US, Inc. invoices for mileage at the federally adproved mileage rate allowd by IRS at the time travel occurs, printing, shipping, sub -consultant fees, and other out of pocket expenses incurred during the duration of the project. 28 WGI, INC. FEE SCHEDULE EFFECTIVE DATE - FEBRUARY 25, 2019 Hourly Rate ENGINEERING SERVICES Executive Engineer $275.00 Chief Engineer $250.00 Senior Project Manager $210.00 Principal Engineer $230.00 Project Manager $185.00 Senior Engineer $170.00 Senior Project Engineer $160.00 Project Engineer $150.00 Senior Designer $145.00 Engineer $140.00 Senior Engineer Intern $130.00 Engineer Intern $100.00 Chief Designer $165.00 Designer _ $100.00 Field Engineer $150.00 Field Inspector $110.00 SURVEYING SERVICES Principal Surveyor $250.00 Senior Project Manager $200.00 Project Manager $185.00 Senior Professional Surveyor $170.00 Photogrammetrist $150.00 Professional Surveyor $140.00 Survey Intern $100.00 Senior Survey Technician 8140.00 Survey Technician $100.00 SUE Technician $100.00 2 Person Field Survey Crew $140.00 3 Person Field Survey Crew $180.00 4 Person Field Survey Crew $210.00 5 Person Field Survey Crew $265.00 2 Person SUE Crew $150.00 3 Person SUE Crew $200.00 4 Person SUE Crew $250.00 5 Person SUE Crew $300.00 Chief Utility Coordinator $210.00 Senior Utility Coordinator $150.00 Utility Coordinator $130.00 Laser Scan Crew $250.00 Hydrographic/Bathymetric Crew $325.00 Horny Rat , PLANNING SERVICES - ' - Principal Planner $225.00 Senior Project Manager_ $180.00 Project Manager $150.00 Senior Planner $130.00 Planner $100.00 Entry Level Planner $85.00 LANDSCAPE ARCHITECTURE SERVICES, _ _ Principal Landscape Architect $200.00 Senior Project Manager $180.00 Project Manager $150.00 Senior Designer $130.00 Designer $100.00 Entry Level Designer 885.00 ENVIRONMENTAL SERVICES '" Principal Environmental Scientist $200.00 Senior Environmental Scientist $180.00 Project Manager $135.00 Environmental Scientist $120.00 Environmental Technician $90.00 'ARCHPI'ECTURAL`SERVICES • - _ Project Manager $185.00 Senior Architect $260.00 Project Architect $160.00 Architect $145.00 Architect Inter $100.00 `OTHER PROFESSIONAL SERVICES . _. Expert Witness $350.00 GIS Technician $100.00 Administrative Assistant 875.00 'REIMBURSABLE EXPENSES Copies, Black & White (each) $ 0.30 Copies, Color (each) $ 1.00 Plots, Black & White (each) $ 2.00 Plots, Color (each) $15.00 Mylars (each) $70.00 Foam Core Presentation Boards (each) $ 7.50 All Third -Party Expenses Cost Plus 15% Expenses: In addition to labor, WGI, Inc. bills for the following project related costs at a contractually agreed markup: printing; conference calling charges; document review, permit or recording fees paid on behalf of CLIENT; shipping; bid advertisement; specialty materials, software or equipment rental; sub -consultant fees; costs of project related employee travel including meals, lodging, airfare and miscellaneous travel costs such as tolls, parking, etc; mileage for all company-owned vehicles (trucks) will be charged at $0.85/mile; employee owned vehicles used for transportation related to the Project will be charged at the prevailing federal mileage rate allowed by the IRS at the time the travel occurs. WGI, Inc, also bills for the cost of internal reproduction and the use of specialized equipment related to subsurface utility vacuum excavation, mobile scanning (LIDAR), and hydrographic surveying. 29 SIMMONS( WHITE ENGINEERING 1 PLANNING I CONSULTING 1 SINCE 1982 Fee Schedule Principal - $175.00 Traffic Principal $195.00 Expert Testimony - $250.00 Senior Traffic Engineer $160.00 Senior Engineer $150.00 Engineer $125.00 Senior Technician $115.00 Technician $100.00 Clerical $ 60.00 Plus reimbursement for direct non -salary expenses including, but not limited to, automobile travel at $.60 per mile, long distance telephone, printing, postage, courier (flat fee of $25.00 for distances less than 100 miles) and reproduction. Payments shall be made upon monthly billing, payable within 21 days from the date of invoice. Any billing dispute or discrepancy shall be set forth in writing and delivered to Simmons & White, Inc. prior to the due date for payment. Any matter not set forth in writing and delivered prior to the due date shall be deemed waived and the invoice shall be deemed correct and due in full. Past due payments shall include interest from the date of invoice at a simple interest rate of 1-1/2 percent per month. In the event any invoice or any portion thereof remains unpaid for more than forty-five (45) days following the invoice date, the Consultant may initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest, its reasonable attorney's fees and other expenses related to the proceeding. Such expenses shall include, but not be limited to the cost, determined by the Consultant's normal hourly billing rates, of the time devoted to such proceeding by its employees. xfdocs/accounting/feeschedule 2581 Metrocentre Boulevard West Suite 3 West Palm Beach Florida 33407 T: 561.478.7848 . F: 561.478.3738 www.simmonsandwhite.com 30 Certificate of Authorization Number 3458 lSt'eet E N G t N. E E R 1 N G CONSTRUCTION PHASE SERVICES RATE SCHEDULE March 3, 2020 ARCADIS U.S., Inc. 1500 Gateway Blvd., Suite 200, Boynton Beach, FL 33426 T: 561 697 7075 Project:. State Road 60 & 43'd Avenue Street Lighting, Indian River County Construction Administration Services These services are available for additional fees at the rate of $150.00/Hr. MainStreet Engineering, Inc. William Pino, P.E Project Engineer 7035 SW 47th Street, Ste 8, Miarni, lel. 33,m5 Tel: 305.456,3505 Fax: 3o5-676.8 4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J Matson, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: DATE: SUBJECT: Mary Jane Vreeland; Planner, Current Development March 27, 2020 Walter Dodd Comes, Jr. & Gina Keith Comes' Request for Affidavit of Exemption Approval with Dedications to the County [AOE-19-04-01 / 2018010082-83743] (Reel Acres AOE) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 14, 2020. DESCRIPTION, CONDITIONS, & ANALYSIS: Hayhurst Land Surveying Inc., on behalf of Walter and Gina Comes, the owners of the subject property, submitted an application for an Affidavit of Exemption (AOE) to be known as Reel Acres Affidavit of Exemption. The project consists of four lots on 31.87 acres of land situated on the north side of 17th Street SW, approximately one-half mile east of 74th Avenue (Attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 dwelling unit/5 acres), and has an AG -1, Agricultural -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that a limited access easement would be required along the project's 17th Street SW frontage, except for one shared driveway that will provide access to all four lots. In addition, 30' of right-of-way needs to be dedicated for 17th Street SW to complete the 60' wide local road minimum. The purpose of the limited access easement is to control the number of driveway connections to the publicly owned and maintained right-of-way. Dedication of the limited access easement to the Board will allow the County to enforce use of the common entrance connection to 17th Street SW for all the lots in the Reel Acres AOE. Normally an AOE may be approved at staff level; however, dedication of a 5' limited access easement and 30' of 17th Street SW right-of-way to the Board of County Commissioners requires Board acceptance of the easement and right-of-way. Once accepted by the Board, staff may concurrently approve the AOE and the appropriate documents may be recorded in the public records. 32 The recordable Reel Acres AOE accurately depicts the required limited access easement and right- of-way dedication, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. The Board may now consider acceptance of the dedication of the limited access easement and right -of way from the property owners as part of the AOE approval. RECOMMENDATION: Based on analysis, staff recommends that the Board of County Commissioners accept the dedication of the limited access easement and right-of-way, and authorize the chairman to execute the subject Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Affidavit of Exemption Layout 33 3339300000101000000 33393000001010000001.0 33393000001011000001.0 33393000001012000001.0 SUBJECT PROPERTY 33393000001014000003.0 3339300000101 33393000001014000002.0 4.2 (). t 3339300000101 N 3339300000101200000 3339300000101200000 7 7Va3.1,V7—�-. --(ye? ; -- +1S VH1�L M 33393100001001000001,0 REEL ACRES AOE - LOCATION MAP ATTACHMENT PLAT BOOK w Q a g g 8 e 8 8 8 8 8 ry 8 8 Si 10001 30 31111 1503 301 8 lo "cm 8o 8 g ca P P P rSi 8 (TIoa31o) ,!£'10£'1 M,0S. .00S .08'09 M,05,£7.005 L St 13901 40 53800 000 1530 301'40 301 1593 301 05 609 M,05.50.005 8 0926.m•µ. s *.°;- 0_{ Co) ,19109 M,9b,Iz.005 C-2 0-1 • a° 1503 'Il!0'9 .29109 3,10,00.009 —bsc5t1 i� 10901 40 539 0301 10.300 1530 301 (30/9300) ,9010£'L 3 1£,02.00N 3.0 000099 S1 10901 1d 3Nf1 1530 301 Lel 10001 40 310 1903 301 .05'609 3,10.00.000 z OW mcw2cw LL— ¢ i ui i mti v'' aet mm 'fi �..w6� �iJJZZiiiicao:�iiiaiuun,J�viv��vw�i'm INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ?r" CONSENT TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Extension of Agreement with CERES Environmental Services, Inc., for Disaster Debris Removal and. Disposal DATE: April 7, 2020 DESCRIPTION AND CONDITIONS On March 17, 2020, the County Administrator for Indian River County declared a state of emergency due to the COVID-19 pandemic. That emergency has been extended through April 14th, however, it is anticipated that the state of emergency will need to be extended for several more weeks. On April 2, 2020, Waste Management Inc. of Florida sent a Notice of Force Majeure to Himanshu Mehta, Indian River County Solid Waste Disposal Director stating that "we anticipate certain disruptions may be inevitable as a result of the Orders and the COVID-19 pandemic... " Under the Solid Waste and Recyclables Collection Franchise Agreement Between Indian River County Solid Waste Disposal District ("SWDD") And Waste Management Inc. of Florida ("Franchisee"), dated April 21, 2015 (the "Franchise Agreement"), "[i]n the event that Franchisee is unable to provide adequate services during an emergency or other event involving an Uncontrollable Force, SWDD or the County may hire other contractors to provide those services." Under the Franchise Agreement, "SWDD or the County, as applicable, reserves the right to charge Franchisee for all costs and expenses that SWDD or the County incur while providing the services ..." Please note that services such as recycling collection would be "subject to set-off for the amounts that would have been paid to Franchisee for services." On April 5, 2016, Indian River County and Ceres Environmental Services, Inc. ("Ceres") entered into an Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida (the "Agreement"). The Agreement has been extended three times and expired on April 4, 2020. Indian River County has started the process to procure a new contract for disaster debris removal and disposal services. Due to the possible need for collection services if Waste Management Inc., of Florida is not able to provide service due to disruptions as a result of the COVID-19 pandemic, Ceres has agreed to an additional extension to the Agreement through June 6, 2020. All other terms of the Agreement, as previously amended will remain in full force and effect, during this extension period. FUNDING Funding is currently budgeted to cover the annual Waste Management contract for the collection of recyclables. In the event Waste Management suspends recyclables collection, budgeted funds will then be reallocated to Ceres. If Ceres' costs exceed those amounts normally paid to Waste Management, the County will receive reimbursement of said funds from Waste Management per the agreement. In the event Ceres is contracted to collect any other waste stream normally collected by Waste Management, a budget amendment will be necessary to fund those expenses. The County will then seek reimbursement from Waste Management. 36 Page 2 Extension of Agreement with CERES Environmental Services, Inc., for Disaster Debris Removal and Disposal For April 14, 2020 BCC Meeting RECOMMENDATION Staff recommends that the Board approve the Fourth Extension to Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida and authorize the chair to execute the Agreement, after review and approval by the County Administrator. ATTACHMENT(S). Fourth Extension to Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida APPROVED AGENDA ITEM FOR: April 14, 2020 37 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4CODEDA6\@BCL@4CODEDA6.doc FOURTH EXTENSIONTO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA THIS FOURTH EXTENSION TO AGREEMENT FOR PROVIDING DISASTER DEBRIS REMOVAL AND DISPOSAL SERVICES FOR INDIAN RIVER COUNTY, FLORIDA ("Fourth Extension") is enteredinto as of this 6th day of April, 2020, by and between Indian River County, a political subdivision of the State of Florida, ("COUNTY"), and Ceres Environmental Services, Inc., a: Minnesota corporation, authorized to do business in the State of Florida, ("Contractor"). BACKGROUND RECITALS A. Effective April 5, 2016, County and Contractor entered into an Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida; and. B. On February 20, 2018, the parties entered into the Second and Third Extension to Agreement for Disaster Debris Removal and Disposal Services; which expired on April 4, 2020; and C. Indian River County is currently in a State of Emergency due to the COVID-19 pandemic; and D. The parties wish to extend the Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida in the event Contractor is needed to perform debris removal and disposal during the pandemic disaster. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. The Agreement for Disaster Debris Removal and Disposal Services for Indian River Country, Florida is extended a fourth time until June .6, 2020. 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Fourth Amendment as of the date first written above. Page 1 1 38 Ceres. Environmental Services, Inc. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By By: Printed name: Tia Laurie Susan Adams, Chairman Title: Corporate Secretary Date 4/7/2020 Date approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy .Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney Page J 2 39 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Cd& -7 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 1 SUBJECT MATTER FOR DISCUSSION: PHONE: 772-231-2810 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? None — Administrative Action YES xx NO Transmitted to Administrator Via: Interactive Web Form XX E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: 4-7-2020 F:\County Admin \ExecAsst'AGENDA\Public Discussion Items Formdoc • 40 4ZoR1VP' Office of the INDIAN RIVER COUNTY ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown, County Administrator DATE: April 1, 2020 SUBJECT: Coronavirus Update I wish to provide an update on the status of the Coronavirus. 41 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: March 18, 2020 SUBJECT: Sixth Amendment to Interlocal . Agreement with Palm Beach County Health Facilities Authority for Financing and Refinancing for Improvements and Additions of Facilities BACKGROUND In 1996, the Palm Beach County Health Facilities Authority (the "Authority") and Indian River County entered into an Interlocal Agreement, as amended in 1998, 2006, 2010, 2016 and 2018. The purpose of the Interlocal Agreement and the amendments were to facilitate the issuance by the Authority of revenue bonds to finance six health care facility locations (the "Facilities") owned by ACTS Retirement- Life Communities, Inc. (ACTS). Two of the facility locations, Indian River Estates East Campus, 2250 Indian Creek Blvd. West, Vero Beach and Indian River Estates West Campus, 7730 Indian Oaks Drive, Vero Beach, are in Indian River County. The Authority issued Retirement. Community Revenue bonds in 1996, 1998, 2006, 2010, 2016 and 2018. ACTS has again requested the Authority to issue bonds. The Retirement Communities Revenue Bonds, Series 2020, to be issued in an amount not to exceed a total of $25,000,000, will be used for miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment and other facility interior and exterior enhancements, including specifically the renovation of independent living building entry lobbies and technology advancements to the Facilities in Indian River County. A portion of the bond proceeds may also be used to refund existing debt related to the Facilities. 42 Board of County Commissioners March 18, 2.020 Page Two The bonds are not obligations of the County and do not obligate the County in any way whatsoever. A Tax Equity and Fiscal Responsibility Act hearing under Section 147(0 of the Internal Revenue Code : is scheduled to be conducted by the Authority on April 2, 2020. The Authority is requesting the County to approve the Sixth Amendment to the Interlocal Agreement Between the Palm Beach County Health Facilities Authority and Indian River County (the "Sixth Amendment") and accompanying resolution to allow for the additional bond financing. FUNDING There is a minimal amount of staff time associated with this request, which does not create a funding impact. RECOMMENDATION The County Attorney recommends that the Board approve the proposed Sixth Amendment and resolution and authorize the Chairman of the Board to execute any and all documents necessary to effectuate the Sixth Amendment. ATTACHMENT(S). Resolution Sixth Amendment r 43 RESOLUTION NO. 2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA APPROVING THE ISSUANCE BY THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY OF ONE OR MORE SERIES OF ITS RETIREMENT COMMUNITIES REVENUE BONDS, SERIES 2020 (ACTS RETIREMENT -LIFE COMMUNITIES, INC. OBLIGATED GROUP) IN AN AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING THE 2020 PROJECT AS DESCRIBED HEREIN. WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is considering the issuance of its Retirement Communities Revenue Bonds (ACTS Retirement -Life Communities, Inc. Obligated Group) in one or more series in an aggregate principal amount not to exceed $25,000,000 (the "Bonds"); WHEREAS, the Bonds are to be issued by the Authority for the purpose of financing a project (collectively referred to herein as the "2020 Project") consisting generally of (i) the current refunding, refinancing and/or restructuring of all or a portion of a revolving line of credit issued by Bank of America to the Borrower, (ii) the current refunding, refinancing and/or restructuring of all or a portion of a revolving line of credit issued by Branch Banking and Trust Company to the Borrower (collectively, the "Bonds to be Refunded"), (iii) financing or refinancing (including reimbursement) the costs of acquisition, construction, equipping and improvement of existing and additional facilities at the properties of ACTS Retirement -Life Communities, Inc., a Pennsylvania nonprofit corporation (the "Corporation"), including facilities located within Indian River County (the "County") as more particularly described in Exhibit A hereto (collectively, the "Capital Projects"), and (iv) the financing of some or all of the costs of issuance of the Bonds, reserve funds (if any), and capitalized interest (if any); WHEREAS, the Authority proposes to finance projects at one facility located in the County, which is comprised of Indian River Estates East Campus and Indian River Estates West Campus, pursuant to a Sixth Amendment to an Interlocal Agreement authorized by Section 163.01(4), Florida Statutes, in substantially the form attached as Exhibit B hereto, amending and supplementing that certain Interlocal Agreement executed on November 27, 1996 (as heretofore amended and supplemented), between the Authority and the County; WHEREAS, on April 2, 2020, the Authority conducted a public hearing jointly on behalf of the Board of County Commissioners of Indian River County, Florida and the Board of County Commissioners of Palm Beach County, Florida with respect to the issuance of the Bonds pursuant to the requirements of Section 147(f)(2)(A)(ii) of the Internal Revenue Code of 1986, as amended (the "Code"), notice of which was published in accordance with the provisions of the Code not later than 7 days prior to such hearing in newspapers of general circulation within the County and Palm Beach County, Florida; and WHEREAS, the Board of County Commissioners of Indian River County, Florida desires to evidence its approval of the issuance of said Bonds solely to satisfy the requirements of the Code. 44 RESOLUTION NO. 2020 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: The Board of County Commissioners of Indian River County hereby approves the issuance of the Bonds solely for purposes of Section 147(0 of the Code. The entry into the Sixth Amendment to. an Interlocal Agreement substantially in the form presented to this meeting and attached hereto as Exhibit B is hereby approved. This Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner adoption. The motion was seconded by Commissioner 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 , who moved its , and upon being put to a 45 RESOLUTION NO. 2020 - The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2020. APPROVED AS TO FORM: By: Dylan Reingold County Attorney INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk 46 EXHIBIT A CAPITAL PROJECTS DESCRIPTION The financing or refinancing (including reimbursement), the costs of acquisition, construction, equipping and improvement of existing and additional facilities at the properties of the Corporation as more particularly described below. (1) St. Andrews Estates Address: North Campus: 6152 North Verde Trail, Boca Raton, Palm Beach Co., FL 33433-2430 South Campus: 6045 Verde Trail South, Boca Raton, Palm Beach Co., FL 33433-4476 Description of Existing Facility: 446 independent living units, central facilities, 70 assisted living units and an 89 bed medical care facility. Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment, and other facility interior and exterior enhancements, including specifically cafe, lobby and skilled nursing center renovations, and technology advancements. Maximum Principal Amount up to: $20,000,000 (2) Edgewater at Boca Pointe Address: 23315 Blue Water Circle, Boca Raton, Palm Beach Co., FL 33433-7053 Description of Existing Facility: 326 independent living units, central facilities, 43 assisted living units and a 99 bed medical care facility. Projects to be Financed: Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment, and other facility interior and exterior enhancements, including specifically skilled nursing center renovations and technology advancements. Maximum Principal Amount up to: $20,000,000 47 (3) Indian River Estates Address: Description of Existing Facility: Projects to be Financed: Maximum Principal Amount up to: East Campus: 2250 Indian Creek Blvd West, Vero Beach, Indian River Co., FL 32966-1395 West Campus: 7730 Indian Oaks Drive, Vero Beach, Indian River Co., FL 32966-5178 568 independent living units, central facilities, 53 assisted living units and a 120 bed medical care facility. Miscellaneous capital improvements and renovations and the acquisition of capital equipment, including, but not limited to, renovations and upgrades to residential living units, health care facilities and common areas, the acquisition of new plant equipment and other facility interior and exterior enhancements, including specifically the renovation of independent living building entry lobbies and technology advancements. $10,000,000 48 SIXTH AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PALM BEACH COUNTY HEALTH FACILITIES AUTHORITY AND INDIAN RIVER COUNTY WHEREAS, the Palm Beach County Health Facilities Authority (the "Authority") is a public body corporate, organized and existing under and by virtue of Chapter 154, Part III, Florida Statutes, and is a properly constituted Health Facilities Authority and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, Indian River County (the "County") is a political subdivision of the State of Florida and a "public agency" and a "local agency" under Chapter 159, Part II, Florida Statutes; and WHEREAS, the Authority and the County have heretofore entered into an Interlocal Agreement finally executed on November 27, 1996, as previously amended by (i) a First Amendment to the Interlocal Agreement executed by the County on November 24, 1998 and by the Authority on December 14, 1998, (ii) a Second Amendment to the Interlocal Agreement executed by the County and the Authority as of December 6, 2006, (iii) a Third Amendment to the Interlocal Agreement executed by the County on October 19, 2010, and by the Authority on November 3, 2010, (iv) a Fourth Amendment to the Interlocal Agreement executed by the County on June 7, 2016, and by the Authority on June 3, 2016 and (v) a Fifth Amendment to the Interlocal Agreement executed by the County and the Authority as of May 15, 2018 (collectively, the "Interlocal Agreement"); and WHEREAS, the Authority is considering the additional financing, through the issuance of its revenue bonds (the "Bonds") pursuant to Chapter 159, Part II, Florida Statutes, of a project consisting of the financing or refinancing of costs of improvements and additions to five (5) health care facilities, with three (3) locations in the jurisdiction of the Authority and two (2) locations in the jurisdiction of the County, all of which are owned and operated by ACTS Retirement -Life Communities, Inc. ("ACTS"), a not-for-profit corporation determined to be tax- exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, and duly licensed by the Florida Department of Insurance pursuant to Chapter 651, Florida Statutes; and WHEREAS, it is deemed desirable by both the Authority and County that the Authority and the County enter into this Sixth Amendment to the Interlocal Agreement (this "Amendment") in order to assist ACTS by financing the said project constituting "health care facilities" under Section 159.27(16) of the Florida Statutes; and WHEREAS, the Authority and ACTS have determined that the provision of funds by the Authority to ACTS will assist in the maintenance of the public health of the residents of the County and shall serve a public purpose by improving the health and living conditions and providing adequate medical care and health care facilities therein and will promote the most efficient and economical maintenance of health care facilities in a manner and pursuant to forms of governmental organization that will accord best with the geographic, economic, and population characteristics which influence the health care needs of Palm Beach County of the State of Florida ("Palm Beach County") and the County and the inhabitants thereof; and 49 WHEREAS, the Authority finds that ACTS will be financially responsible and fully capable and willing to fulfil its obligations including the obligation to make the debt service payments in the amounts and at the times required and the obligation to repair and maintain the health care facilities to be financed by the proceeds of the Bonds at its own expense; and WHEREAS, title to the health care facilities to be financed by the proceeds of the Bonds shall be in ACTS, and neither the Authority, the County nor the State of Florida or any political subdivision thereof shall in any way be obligated to pay the principal, premium, if any, or interest on the Bonds to be issued to finance the said project as the same shall become due, and the issuance of such Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, the State of Florida, or any political subdivision thereof to levy or pledge any form of taxation whatsoever therefore or to make any appropriation from ad valorem taxation revenues or other revenues for their payment. NOW, THEREFORE, THIS SIXTH AMENDMENT TO THE INTERLOCAL AGREEMENT, BETWEEN THE AUTHORITY AND THE COUNTY, WITNESSETH AS FOLLOWS: SECTION ONE. At all times prior to and during the term of this agreement the Authority and County constitute "public agencies" as that term is defined in Section 163.01(3)(b), Florida Statutes, as amended, and both the Authority and the County have in common the power and authority to issue revenue bonds in order to provide financing for the acquisition, operation and maintenance of health care facilities, such power and authority as each might exercise separately. SECTION TWO. The Authority and County are entering into this Amendment in order to more effectively perform their service function related to the provision of adequate health care facilities and services pursuant to the powers granted under Section 163.01, Florida Statutes, as amended, and to permit the Authority to operate within the jurisdiction of the County for the purpose of financing the two health care facilities owned by ACTS within the County. SECTION THREE. This Amendment shall in no way be interpreted to authorize the delegation of the constitutional or statutory duties of the Authority, the County, the State of Florida, or any officers of any political subdivision thereof. SECTION FOUR. This Amendment and the Bonds shall not be deemed to constitute a debt, liability or obligation of or pledge of the faith and credit of the County, Palm Beach County, the Authority, the State of Florida, or any political subdivision thereof. The issuance of the Bonds shall not directly, indirectly, or contingently obligate the Authority, the County, Palm Beach County, the State of Florida, or any political subdivision thereof to levy or to pledge any form of taxation whatsoever therefore, or to make any, appropriation for their payment. SECTION FIVE. Title to the health care facilities financed by the Bonds in accordance with this Amendment shall be in ACTS, and neither the Authority nor the County shall have any title or interest therein. SECTION SIX. This Amendment shall be dated for convenience as of , 2020, and shall be effective as of its execution and delivery by the parties. 50 IN WITNESS WHEREOF, this Amendment has been executed by and on behalf of the County by its Chairman and the seal of said County affixed hereto and attested by the Clerk of the County, the Authority has. caused this Amendment to be executed by its Chairperson, its seal affixed hereto, as attested by a designated member of said Authority. APPROVED AS TO FORM: By: INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Board of County Commissioners Date Approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Dylan Reingold, County Attorney PALM BEACH COUNTY HEALTH ATTEST: FACILITIES AUTHORITY By: By: Designated Member Chair 51 STATE OF FLORIDA COUNTY OF INDIAN RIVER I, , a Notary Public in and for said County in said State, hereby certify that on , 2020, Susan Adams, whose name as the Chairman of the (Board of County Commissioners of Indian River County, Florida is signed to the foregoing Sixth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Sixth Amendment to the Interlocal Agreement, she, in her capacity as Chairman of the Board of County Commission of Indian River County, Florida, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 52 STATE OF FLORIDA COUNTY OF PALM BEACH I, , a Notary Public in and for said County in said State, hereby certify that on , 2020, , whose name as the Chairperson of the Palm Beach County Health Facilities Authority is signed to the foregoing Sixth Amendment to the Interlocal Agreement and who is known to me, acknowledged before me on this day that, being informed of the contents of said Sixth Amendment to the Interlocal Agreement, he/she, in his/her capacity as Chairperson of the Palm Beach County Health Facilities Authority, executed the same voluntarily. Notary Public, State of Florida My Commission Expires: 53