HomeMy WebLinkAbout05/05/2020BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 5, 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
Deacon Wilfred Hart, Friendship Missionary Baptist Church
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Designating the Month of May, 2020, as Mental
Health Awareness Month
Attachments: Proclamation
5.B. Proclamation Designating the : Week of May 3 - 9, 2020, As National Correctional
Officers and Employees Week
Attachments: Proclamation
May 5, 2020 Page 1 of 5
5.C. Proclamation Designating May 3-9, 2020 as Public Service Recognition Week
Attachments: Proclamation
6 APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Proclamation Honoring John McCoy on His Retirement From Indian River County
Board of County Commissioners Department of Community Development with
Thirty -Four Years of Service
Attachments: Proclamation
7.B. Proclamation Honoring Kendall W. Blanchard on his Retirement from the Indian
River County Board of County Commissioners Department of Public
Works/Engineering Division with 29 Years of Service
Attachments: Proclamation
7.C. Florida Public Service Commission Consummating Order PSC -2020 -0125 -CO -ET
makes Order PSC -2020 -0085 -TRF -EI effective and final; docket to be closed, and
is on file in the Office of the Clerk
7.D. Indian River County Code Chapter 309, Fair Housing - Annual Report
Attachments: Staff Report
7.E. Update on Virgin Trains Expenses
Attachments: Staff Report
Virgin Trains Expenses
7.F. Minor Modifications to Septic Hauler Agreement for the Residuals Dewatering
Facility
Attachments: Staff Report
Redline of Changes to Haulers Agreement
8. CONSENT AGENDA
8.A. Checks and Electronic Payments April 10, 2020 to April 16, 2020
Attachments: Finance Department Staff Report
8.B. Checks and Electronic Payments April 17, 2020 to April 23, 2020
Attachments: Finance Department Staff Report
8.C. North Sebastian Phase 2 Water and Sewer Project - Contract Documents and
Bidding Services - Work Order No. 9
Attachments: Staff Report
Work Order No 9 and supporting documents
May 5, 2020 Page 2 of 5
8.D. Suspension of Delinquency Charges associated with Utility Services through May
31, 2020, due to COVID-19
Attachments: Staff Report
8.E. Modification #1 to Emergency Management Federally -Funded Subgrant Agreement
(EMPG) Agreement' Number G0002
Attachments: Staff Report
EMPG Modification to Extend
8.F. Community Aesthetic Feature Agreements Indian River County Welcome Signs,
ProjectNo. IRC -1816
Attachments: Staff Report
CAFA Agreement for SR 5 (US Highway 1)
CAFA Agreement for SR 60
Authorizing Resolution
8.G. Florida Department of Transportation (FDOT) Highway Maintenance Memorandum
of Agreement for County Road 612 (8th Street) from west of 74th Avenue to east
of Lateral Canal C (IRC -1822), Financial Project No. 437717-1-52--01
Attachments: Staff Report
Authorizing Resolution
Memorandum of Agreement
8.H. Approval of Change Order No. 1 to Work Order No. GKE 1 with GK
Environmental, Inc. for Environmental Permitting, Gopher Tortoise Surveys,
Gopher Tortoise Relocation Services, and Landscaping Design Assistance Services
for the North Relief Canal Moorhen Marsh Leaps Project
Attachments: Staff Report
Change Order No.1
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
May 5, 2020 Page 3 of 5
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. Children's Services Dedicated Millage
Attachments: Staff Report
Children's Trust Exploratory Committee Ltr (04.17.20)
13.B. Approval of Agreement to Purchase and Sell with . Gene Perry and the Estate of
Helen Johnson for 45th Street/US Highway 1 Intersection Improvements
Attachments: Staff Report
Exhibit A - Agreement to Purchase and Sell
14. COMMISSIONERS MATTERS
A. Commissioner Susan Adams, Chairman
B. Commissioner Joseph E. Flescher, Vice Chairman
C. Commissioner Tim Zorc
14.C.1. Discussion on Postponing Increases to Title X, Impact Fees, due to Economic
Hardships of the Coronavirus
Attachments: Commissioner's Memorandum
Background Slide
D. Commissioner Peter D. O'Bryan
E. Commissioner Bob Solari
Commissioners Open Dialogue
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
May 5, 2020
Page 4 of 5
15.B.1.
Amendment No. 2 to SiteCrafters of Florida
Attachments: Staff Report
Amendment No 2
Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the. Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 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.
May 5, 2020
Page 5 of 5
PROCLAMATION
Designating the Month of May, 2020
As Mental Health Awareness Month
WHEREAS, mental health is part of overall health; and helps to sustain an individual's
relationships, productivity and ability to adapt to ever changing situations; and
WHEREAS, one in four adults experiences mental health problems; and
WHEREAS, one in 17 adults lives with mental illness such as major depression, bipolar disorder or
schizophrenia; and approximately one-half of chronic mental illness begins by the age of 14 and three-
quarters by age 24; and
WHEREAS, long delays often occur between the time symptoms first appear and when individuals
get help, therefore, early identification and treatment can make a profound difference in successful
management of mental illness and recovery; and
WHEREAS, every citizen and community can make a difference in helping end the silence and
stigma that for too long has surrounded mental illness and discouraged people from getting help; and
WHEREAS, public education and civic activities can encourage mental health and help improve
the lives of individuals and families affected by mental illness.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA that the month of May, 2020, be designated as Mental Health
Awareness Month in Indian River County, Florida in order to increase public understanding of the
importance of mental health, and to promote identification and treatment of mental illnesses.
Adopted this 5th day of May, 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
DESIGNATING THE WEEK OF MAY 3 - 9, 2020, AS
National Correctional Officers and Employees Week
WHEREAS, in 1984, President Ronald Reagan signed Proclamation 5187 creating
"National Correctional Officers Week". In 1996, the U.S. Senate officially changed the name of
the week to "National Correctional Officers and Employees Week". The first full week in May is
recognized as National Correctional Officers and Employees Week to honor the work of
correctional officers and correctional personnel nationwide. National Correctional Officers and
Employees Week has been declared as May 3 - 9, 2020; and
55,
WHEREAS, Indian River County's staff of Correctional Officers, Nurses, Civilian Correction
Assistants, and support staff serve in an increasingly complex and demanding profession, and
work in a correctional environment where they are called upon to fill simultaneously custodial,
supervisory, and counseling roles. They are responsible for the custody, safety, and well-being of
the inmates within Indian River County; and
WHEREAS, in today's profession, Correctional Officers and correctional personnel are
well trained, work under demanding circumstances and face danger in their daily lives; and
WHEREAS, the work of Correctional Officers and correctional personnel comes with a
huge responsibility to maintain public safety as well as to help inmates develop the skills
necessary to become productive members of society; and
WHEREAS, Correctional Officers and correctional personnel deserve our show of support,
as we utilize this week to honor their hard work, professionalism, dedication, and courage
throughout the performance of their demanding and often conflicting roles, and efforts to protect
public safety.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 3 - 9, 2020, be
designated as National Correctional Officers and Employees Week.
Adopted this 5th day of May, 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
PROCLAMATION
DESIGNATING MAY 3 - 9, 2020 AS
PUBLIC SERVICE RECOGNITION WEEK
WHEREAS, public employees at the federal, state, and local levels conduct the public's
business and perform essential services; and
WHEREAS, public employees improve our quality of life through their efforts in many fields,
including education, emergency management, public safety, transportation, natural resources, health
care and national defense; and
WHEREAS, public employees dedicate themselves to the continuous improvement of the
quality of life for Floridians, and many, including military personnel, police officers, firefighters, health
care practitioners, and others risk their lives everyday in public service; and
WHEREAS, the efficiency and effectiveness of government depends on public employees
ensuring government services are accessible and responsive to the diverse needs of residents; and
WHEREAS, the Indian River County Board of County Commissioners recognizes the
dedication, talents, and contributions made by public employees working in all levels of government;
and
WHEREAS, the Indian River County Board of County Commissioners appreciates the
dedication, talents, and contributions of County employees who, by their example of achievements,
are focusing on the highest standards of customer service.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the week of May 3 - 9, 2020 be
observed as Public Service Recognition Week and encourage all Indian River County residents to
recognize the men and women who serve at all levels of government for the betterment of our great
County, State and Nation.
Adopted this 5th day of May, 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 3
PROCLAMA TION
HONORING JOHNMCCOY ON HIS RETIREMENT FROM THE
INDL4NRIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF COMMUNITY DEVELOPMENT
WHEREAS, John McCoy retires from the Indian River County Department of Community
Development as of May 7, 2020; and
WHEREAS, John began his career with Indian River County on August 25, 1986 as a Staff Planner
and was promoted to Current Development Section Chief on December 6, 2013; and
WHEREAS, as Current Development Section Chief, John has directed and supervised the Major
Site Plan, Minor Site Plan, Subdivision, Administrative Approval, Temporary Use Permit, and all
other critical development processes; and
WHEREAS, during the time of John's employment, the County's population has more than doubled,
and John has been integral in the review, establishment and implementation of land development
regulations and standards in guiding and shaping this community into a well-planned and highly
desirable place to live, work, and recreate; and
WHEREAS, John has served this County and the Public with utmost integrity, competence, and
success; has negotiated contentious situations with poise, sound judgement, and a penchant for
problem solving; and has gained the respect and admiration of all of his colleagues and his
community alike; and
WHEREAS, John's legacy is one of bettering the County in his professional capacity; bettering the
the Department as a leader and mentor; and bettering his community through his many good works.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS
OFINDL4NRIVER COUNTY, FLORIDA, that the Board applauds John McCoy's efforts on behalf
of the County, and the Board wishes to express their appreciation for the dedicated service he has
given to Indian River County for the last thirty four 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 5th day of May, 2020.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Susan Adams, Chairman
7A..
4
PROCLAMATION
HONORING KENDALL W. BLANCHARD ON HIS RETIREMENT FROM THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF PUBLIC WORKS/ENGINEERING DIVISION
WHEREAS, Kendall Blanchard retires from the Indian River County Department of Public Works,
Engineering Division effective April 30, 2020; and
WHEREAS, Kendall began his career with Indian River County on June 28, 1991, as Survey
Instrumentman I and on December 1, 1995 was promoted to Survey Instrumentman II. On July 16,
1996, Kendall was promoted to Survey Party Chief and continued in that capacity until his retirement;
and
WHEREAS, during that time, Kendall was responsible for the daily supervision of the survey field
crew as they performed their duties, and for training of new field crew members. Kendall was also
responsible for the recording of the data that the survey crew obtained each day in order for the survey
staff to prepare accurate mapping products for County projects. During his 29 years with Indian River
County, the technology and instrumentation utilized in surveying evolved from the standard transit
and tape to Global Positioning Systems (GPS) and robotics. During his career with Indian River
County Kendall worked on many important projects and played a substantial role. These projects
include the densification of vertical control and GPS stations throughout the County, and the recovery
and perpetuation of the original controlling land corners set by the Government Land Office (GLO)
surveyors in the late 1800's, as they are the basis of all surveying in the state of Florida.
WHEREAS, Kendall Blanchard has served this County and the Public with distinction and
selflessness. During his twenty-nine years of service, he was dedicated, and his work was greatly
appreciated by the employer, citizens, and co-workers alike; and
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds
Kendall Blanchard'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 twenty-nine
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 5th day of May, 2020
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Susan Adams, Chairman
/5
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of a permanent
optional LED streetlight tariff, by Florida
Power & Light Company.
BY THE COMMISSION:
1--� It no s ao- 15a.'-1
DOCKET NO. 20190223 -EI
ORDER NO. PSC -2020 -0125 -CO -EI
ISSUED: April 27, 2020
CONSUMMATING ORDER
By Order No. PSC -2020 -0085 -TRF -EI, issued March 23, 2020, this Commission
proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule
25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to
the above mentioned, docket. It is, therefore,
ORDERED by the Florida Public Service Commission that Order No. PSC -2020 -0085 -
TRF -EI has become effective and final. It is further
ORDERED that this docket shall be closed.
By ORDER of the Florida Public Service Commission this 27th day of April, 2020.
/s/ Adam J. Teitzman
ADAM J. TEITZMAN
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
SBR
ti
ORDER NO. PSC -2020 -0125 -CO -EI
DOCKET NO. 20190223 -EI
PAGE 2
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission
Statutes, to notify parties of any judicial review of
to Section 120.68, Florida Statutes, as well as the
notice should not be construed to mean all requests
the relief sought.
is required by Section 120.569(1), Florida
Commission orders that is available pursuant
procedures and time limits that apply. This
for judicial review will be granted or result in
Any party adversely affected by the Commission's final action in this matter may request
judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or
the First District Court of Appeal in the case of a water and/or wastewater utility by filing a
notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal
and the filing fee with the appropriate court. This filing must be completed within thirty (30)
days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate
Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of
Appellate Procedure.
INFORMATIONAL ITEM: 5/5/2020
Office of
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
TO: The Board of County Commissioners
FROM: William K. DeBraal - Deputy County Attorney
DATE: April 16, 2020
SUBJECT: Indian River County Code Chapter 309, Fair Housing - Annual
Report
Section 309.05 of the Indian River County Code appoints the Deputy County
Attorney as the administrator of the County's Fair Housing Ordinance. As the
administrator: of the County's Fair Housing Ordinance, please be advised that no
complaints of discriminatory housing practices have been reported or received since
the last annual report.
WKD/nhm
J Ei
INFORMATIONAL
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: April 27, 2020
FROM: Kristin Daniels
Director, Office of Management & Budget
SUBJECT: UPDATE ON VIRGIN TRAINS EXPENSES
DESCRIPTION
Staff is providing an update to the Board of County Commissioners on actual expenses for Virgin
Trains. Please see the attached document for expenses incurred as of 4/27/20.
ATTACHED:
• Virgin Trains Expenses through 4/27/20 spreadsheet.
Virgin Trains Expenses
Indian River County
Board approved expenses of $186,921 prior to 3/24/15 authorization
3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17
in addition to prior authorization
10/2/2018 Board approved additional 592,500
11/20/2018 Board approved additional 51 million (Budget Amendment)
3/17/2020 County Attorney's Office received 5200,000 from citizens (Budget Amendment
8
Acct#00110214-033110-15023
Legal Services
Date
4/8/2020
Vendor
Amount
Note
Murphy & Walker
$11,541.25
_
Fees for Legal Services March 2020
3/25/2020
Bryan Cave LLP
$427.00
Fees for Legal Services February 2020
3/19/2020
MoloLamken LLP
5100,000.00
Fees for Legal Services February 2020
3/10/2020
Murphy & Walker
$3,178.50
Fees for Legal Services February 2020
2/10/2020
Murphy & Walker
59,483.00
Fees for Legal Services January 2020
1/13/2020
Murphy & Walker
57,917.00
Fees for Legal Services December 2019
12/11/2019
Murphy & Walker
513,329.00
Fees for Legal Services November 2019
12/3/2019
Bryan Cave LLP
$697.50
Fees for Legal Services October 2019
11/12/2019
Murphy & Walker
516,222.00
Fees for Legal Services October 2019
[Subtotal Expenses FY 19/20
5162,795.25
I
9/30/2019
Murphy & Walker
519,290.00
Fees for Legal Services Aug & Sept 2019
9/30/2019
Bryan Cave LLP
549,142.40
Fees for Legal Services September 2019
9/30/2019
Bryan Cave LLP
57,161.12
Fees for Legal Services August 2019
9/18/2019
Bryan Cave LLP
5107,257.70
Fees for Legal Services July 2019
9/11/2019
Murphy & Walker
518,912.00
Fees for Legal Services -Aug 2019
8/13/2019
Murphy & Walker
56,487.00
Fees for Legal Services June & July 2019
7/10/2019
Murphy & Walker
513,868.00
Fees for Legal Services June 2019
6/24/2019
Bryan Cave LLP
51,244.00
Fees for Legal Services May 2019
6/12/2019
Murphy & Walker
57,939.10
Fees for Legal Services May 2019
5/29/2019
Bryan Cave LLP
565,848.60
Fees for Legal Services April 2019
5/15/2019
Murphy & Walker
52,656.50
Fees for Legal Services April 2019
5/14/2019
Bryan Cave LLP
$75,490.34
Fees for Legal Services March 2019
4/4/2019
Murphy & Walker
58,042.00
Fees for Legal Services March 2019
3/26/2019
Bryan Cave LLP
559,154.08
Fees for Legal Services February 2019
3/18/2019
Murphy & Walker
515,988.70
Fees for Legal Service -February 2019
3/18/2019
Bryan Cave LLP
53,577.26
Fees for Legal Service -January 2019
2/21/2019
Murphy & Walker
513,539.54
Fees for Legal Service -January 2019
2/5/2019
Bryan Cave LLP
59,938.49
Fees for Legal Service -December 2018
1/4/2019
Murphy & Walker
59,929.00
Fees for Legal Service -December 2018
12/27/2018
Bryan Cave LLP
526,535.95
Fees for Legal Service -November 2018
12/5/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters -through 10/31/18
12/3/2018
Bryan Cave LLP
$16,416.20
Fees for Legal Service -October 2018
!Subtotal Expenses FY 18/19
5548,417.98
510,565.97
1
IRC Legislative Advocacy Matters -through 9/30/18
9/30/2018
McDermot,Will & Emery LLP
9/30/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters -through 8/31/18
9/30/2018
Bryan Cave LLP
572,352.66
Fees for Legal Service -Sept 2018
9/30/2018
Bryan Cave LLP
560,392.05
Fees for Legal Service -Aug 2018
9/10/2018
Bryan Cave LLP
5109,699.89
Fees for Legal Service -July 2018
8/24/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters- 5/11-7/30/18
8/8/2018
Bryan Cave LLP
549,360.27
Fees for Legal Service -June 2018
7/18/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters- 4/18-4/20/18
7/17/2018
Bryan Cave LLP
514,257.36
Fees for Legal Services -May 2018
7/2/2018
McDermot,Will & Emery LLP
510,012.00
IRC Legislative Advocacy Matters- 4/6-4/20/18
6/13/2018
Bryan Cave LLP
$30,148.74
Fees for Legal Services -April 2018
5/29/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters- 2/27-4/5/18
5/15/2018
Bryan Cave LLP
$23,853.70
Fees for Legal Services -March 2018
5/7/2018 ,
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters- 2/14-27/18
4/9/2018
Bryan Cave LLP
556,189.09
Fees for Legal Services -Feb 2018
4/9/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters-Jan/Feb
3/14/2018
Bryan Cave LLP
$58,782.89
Fees for Legal Services -Jan 2018
3/7/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters-Dec/Jan
2/20/2018
Bryan Cave LLP
532,662.90
Fees for Legal Services -Dec 2017
2/2/2018
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters -Dec
1/17/2018
Bryan Cave LLP
$6,358.50
Fees for Legal Services -Nov 2017
12/19/2017
McDermot,Will & Emery LLP
510,089.56
IRC Legislative Advocacy Matters-Oct/Nov
12/19/2017
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters -Sept
!Subtotal Expenses FY 17/18
5634,725.58
9/30/2017
McDermot,Will & Emery LLP
$10,033.78
Fees for Legal Services -Aug & Sept
9/30/2017
McDermot,Will & Emery LLP
510,000.00
IRC Legislative Advocacy Matters
9/30/2017
Bryan Cave LLP
52,995.50
Fees for Legal Services -Sept 2017
9/30/2017
Bryan Cave LLP
51,119.00
Fees for legal Services -Aug 2017
9/27/2017
Bryan Cave LLP
513,195.60
Fees for Legal Services -July 2017
8/15/2017
Bryan Cave LLP
$5,893.00
Fees for Legal Services- June 2017
7/17/2017
Bryan Cave LLP
$20,729.17
Fees for Legal Services -May 2017 private activity bonds
7/17/2017
Bryan Cave LLP
$1,551.00
Fees for Legal Services- May 2017
6/13/2017
Bryan Cave LLP
5823.50
Fees for Legal Services -April 2017
5/12/2017
Bryan Cave LLP
52,608.50
Fees for Legal Services -March 2017
8
Split between St.Lucie, Indian River, and Martin Counties
9
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crin
5/12/2017
Bryan Cave LLP
$77.02
Fees for Legal Service -March 2017 private activity bonds
4/10/2017
Bryan Cave LLP
53,385.90
Fees for Legal Services -Feb 2017
4/10/2017
Bryan Cave LLP
5375.00
Fees for Legal Services -Feb 2017 private activity bonds
3/8/2017
Bryan Cave LLP
511,097.20
Fees for Legal Services- Jan 2017
3/8/2017
Bryan Cave LLP
$14,886.78
Fees for Legal Services -Jan 2017 private activity bonds
2/20/2017
Bryan Cave LLP
5342.50
Fees for Legal Services- Dec 2016
2/20/2017
Bryan Cave LLP
553,720.93
Fees for Legal Services -Dec 2016 private activity bonds
1/24/2017
Shubin & Bass PAS
$4,795.00
Fees for Legal Services -Nov 2016
1/17/2017
Bryan Cave LLP
$534.50
Fees for Legal Services -Nov 2016
1/17/2017
Bryan Cave LLP
515,931.78
Fees for Legal Services -Nov 2016 -private activity bonds
12/1/2016
Bryan Cave LLP
51,722.50
Fees for Legal Services -Oct 2016
12/1/2016
Bryan Cave LLP
$16,457.70
Fees for Legal Services -Oct 2016 -private activity bonds
12/1/2016
Shubin & Bass PAS
$9,387.20
Fees for Legal Services -Oct 2016
Subtotal Expenses FY 16/17
$201,663.06
9/30/2016
Bryan Cave LLP
55,060.15
Fees for Legal Services -Sept 2016
9/30/2016
- Bryan Cave LLP
$46,369.62
Fees for Legal Services -Sept 2016 -private activity bonds
9/30/2016
Bryan Cave LLP
$20,358.95
Fees for Legal Services -Aug 2016
9/30/2016
Bryan Cave LLP
$8,496.08
Fees for Legal Services -Aug 2016 -private activity bonds
9/30/201.6
Shubin & Bass PAS
528,277.00
Fees for Legal Services -Sept 2016
9/28/2016
Shubin & Bass PAS
522,949.40
Fees for Legal Services -Aug 2016
9/28/2016
Shubin & Bass PAS
515,581.00
Fees for Legal Services -July 2016
9/14/2016
Bryan Cave LLP
514,149.70
Fees for Legal Services -July 2016
9/14/2016
Bryan Cave LLP
53,457.13
Fees for Legal Services -July 2016- private activity bonds
8/16/2016
Bryan Cave LLP
572,430.59
Fees for Legal Services -June 2016- private activity bonds
8/16/2016
Bryan Cave LLP
51,754.00
Fees for Legal Services -June 2016
7/27/2016
Shubin & Bass PAS
517,550.50
Fees for Legal Services -June 2016
7/19/2016
Bryan Cave LLP
53,561.50
Fees for Legal Services -May 2016
7/19/2016
Bryan Cave LLP
59,255.65
Fees for Legal Services -May 2016 -private activity bonds
6/21/2016
Shubin & Bass PAS
$11,591.49
Fees for Legal Services -May 2016
6/14/2016
Bryan Cave LLP
527,804.30
Fees for Legal Services -April 2016
6/14/2016
Bryan Cave LLP
5386.10
Fees for Legal Services -April 2016 -private activity bonds
5/24/2016
Shubin & Bass PAS
$29,983.35
Fees for Legal Services -April 2016
5/3/2016
Shubln & Bass PAS
521,968.25
Fees for Legal Services -March 2016
4/19/2016
Bryan Cave LLP
519,845.75
Fees for Legal Services -March 2016
4/19/2016
Bryan Cave LLP
$128,696.58
Fees for Legal Services -March 2016 -private activity bonds
4/6/2016
Bryan Cave LLP
5112,572.86
Fees for Legal Services -Feb 2016 -private activity bonds
4/6/2016
Nabors & Giblin
$150.00
Fees for Legal Services -August 2015
3/30/2016
Shubln & Bass PAS
$7,575.75
Fees for Legal Services -Feb 2016
3/16/2016
Bryan Cave LLP
$31,795.61
Fees for Legal Service -Jan 2016 -private activity bonds
3/16/2016
Bryan Cave LLP
$22,207.65
Fees for Legal Services -Jan 2016
2/9/2016
Bryan Cave LLP
516,410.09
Fees for Legal Service -Dec 2015 private activity bonds
2/9/2016
Bryan Cave LLP
56,767.90
Fees for Legal Service -Dec 2015
1/20/2016
Bryan Cave LLP
550,663.10
Fees for Legal Service -Nov 2015 private activity bonds
1/20/2016
Bryan Cave LLP
520,948.09
Fees for Legal Services Nov 2015
12/8/2015
Bryan Cave LLP
527,303.95
Fees for Legal Services Oct 2015
12/8/2015
Bryan Cave LLP
$1,245.06
Fees for Legal Services -Oct 2015 private activity bonds
'Subtotal Expenses FY 15/16
5807,167.15
I
9/30/2015
Bryan Cave LLP
554,812.80
Fees for Legal Services Sept 2015
9/30/2015
Bryan Cave LLP
57,113.36
Fees for Legal Services -Sept 2015 private activity bonds
9/30/2015
Bryan Cave LLP
581,436.99
Fees for Legal Services -Aug 2015
9/30/2015
Bryan Cave LLP
555,354.02
Fees for Legal Services -Aug 2015 private activity bonds
8/28/2015
Bryan Cave LLP
551,636.09
Fees for Legal Services -July 2015 private activity bonds
8/28/2015
Bryan Cave LLP
56,307.05
Fees for Legal Services -July 2015
8/12/2015
Bryan Cave LLP
550,710.86
Fees for Legal Services -June 2015 private activity bonds
8/12/2015
Bryan Cave LLP
537,687.25
Fees for Legal Services -June 2015
7/1/2015
Bryan Cave LLP
5178,503.50
Fees for Legal Services -May 2015 private activity bonds
7/1/2015
Bryan Cave LLP
$37,048.25
Fees for Legal Services -May 2015
7/2/2015
Bryan Cave LLP
5177,071.70
Fees for Legal Services -April 2015
7/1/2015
Bryan Cave LLP
528,871.78
Fees for Legal Services -April 2015 private activity bonds
6/18/2015
Nabors Giblin & Nickerson PA
-5250.00
Martin county paid 1/2
5/20/2015
Nabors Giblin & Nickerson PA
$500.00
Fees for Legal Services
05/12/15
Bryan Cave LLP
$28,877.05
Fees for Legal Services
05/12/15
Bryan Cave LLP
5145,105.00
Fees for Legal Services
04/20/15
Bryan Cave LLP
$4,107.50
Fees for Legal Services
3/24/15
Nabors Giblin & Nickerson PA*
5617.49
IRC 1/3 Portion of Legal Fees
2/24/15
Nabors Giblin & Nickerson PA'
$5,593.56
IRC 1/3 Portion of Legal Fees
12/22/14
Bryan Cave LLP
533,252.60
Fees for Legal Services
12/10/14
Bryan Cave LLP
579,962.30
Fees for Legal Services
"Subtotal Expenses FY 14/15
51,064,319.15
9/30/14
Bryan Cave LLP
526,975.60
Fees for Legal Services
9/30/14
Bryan Cave LLP
5638.70
Fees for Legal Services
9/17/14
Bryan Cave LLP
5937.50
Fees for Legal Services
(Subtotal Expenses FY 13/14
528,551.80
1
Split between St.Lucie, Indian River, and Martin Counties
9
Date
Vendor
Amount
Note
Acct#00110214-033190-15023
Other Professional Services
Other Professional Services
Date
11/4/2019
_ Vendor
Advanced Data Solutions
Amount
Note
51,115.00
$1,115.00
Document Scanning
Dylan Reingold-FOFC Meeting on Brightline
JSubtotal Expenses FY 19/20
11/27/2018
Scripps
592.40
Legal Advertising
11/21/2018
Gail E. Flinn
$350.00
Transcription Services
[Subtotal Expenses FY 18/19
5442.40
592.32
9/30/2018
Copy Charges
$32.96
Copies
8/30/2018
Florida Dept of Transportation
582.84
Public Records Request -balance
7/10/2018
Florida Dept of Transportation
$82.84
Public Records Request
[Subtotal Expenses FY 17/18
$198.64
51,406.74
5113.50
4/28/2017
Martin County 50% reimbursement
-$3,380.35
50% reimbursement
4/18/2017
Triad Railroad Consultants
56,760.69
Expert Witness
2/20/2017
Atkins North America,Inc.
$1,607.00
Drainage Reports & calculations
1/24/2017
Triad Railroad Consultants
$13,396.11
9/11/2018
12/1/2016
VB Court Reporters
$300.00
St Johns Admin Hearing
12/1/2016
Scripps
595.70
Legal Advertising
Tim Zorc- FL Dev Finance Corp Mtg-Orlando
[Subtotal Expenses FY 16/17
$18,779.15
9/4/2018
9/30/2016
GK Environmental
$5,580.00
5/8/2018
9/30/2016
Triad Railroad Consultants
524,758.59
Review AAF 90% & plans
9/30/2016
Atkins North America,lnc.
$20,782.50
Drainage Reports & calculations
9/30/2016
Federal Express
58.18
5/1/2018
8/5/2016
GK Environmental
52,040.00
5/1/2018
7/12/2016
Dylan Reingold-travel to Wash DC
5928.37
AAF Hearing
6/1/2016
US Legal Support Inc.
5160.80
AAF Hearing Certified Transcriber
5/23/2016
Federal Express
56.10
Shipping
5/11/2016
GK Environmental
56,000.00
Prelim wetland determination
4/19/16
GK Environmental
51,875.00
Prelim wetland determination
1/26/2016
Federal Express
56.85
Shipping
1/25/2016
VB Court Reporting
5417.50
IRC vs Rogoff
Subtotal Expenses FY 15/16
$62,563.89
9/30/2015
Dylan Reingold
$412.00.
Reimburse for case filing
9/16/2015
Federal Express
53.92
Shipping
8/25/2015
Railroad Consultant Group
536,053.97
Rail Safety Study
8/25/2015
Railroad Consultant Group
5435.00
Rail Safety Study
7/14/2015
Federal Express
56.31
Shipping
7/2/2015
William M Sampson
56,875.00
Rail Crossing Analysis
6/16/2015
Federal Express
$7.84
Shipping
6/10/2015
Dylan Reingold travel to Wash DC
$446.11
Preliminary Hearing
5/12/2015
Treasury of the United States
5570.00
Public Records
Subtotal Expenses FY 14/15
$44,810.15
Acct#00110111-034020-15023
All Travel
Travel
Date
Travel
Amount
Notes
4/24/2019
Dylan Reingold-FOFC Meeting on Brightline
5400.39
4/16/2019
Tim Zorc-FDFC Meeting -Orlando
597.32
3/13/2019
Peter O'Bryan-FDFC Meeting -Orlando
5111.32
3/13/2019
Bob Solari-FDFC Meeting -Orlando
592.32
12/12/2018
Kate Cotner -US Dist Court Hearing -Washington DC -expense
5156.89
12/4/2018
Kate Cotner -US Dist Court Hearing -Washington DC -Hotel
5174.90
12/4/2018
Kate Cotner -US Dist Court Hearing -Washington DC -Flight
5373.60
[Subtotal Expenses FY 18/19
51,406.74
5113.50
I
9/30/2018
Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel
9/30/2018
Kate Cotner -FL Dev Finance Corp Mtg-Orlando-hotel
5113.50
9/30/2018
Tim Zorc- FL Dev Finance Corp Mtg-Orlando-hotel
5113.50
9/11/2018
Kate Cotner -FL Dev Finance Corp Mtg-Orlando
5111.91
9/11/2018
Dylan Reingold-FL Dev Finance Corp Mtg-Orlando
5122.06
9/11/2018
Peter O'Bryan- FL Dev Finance Corp Mtg-Orlando
591.52
9/4/2018
Tim Zorc- FL Dev Finance Corp Mtg-Orlando
$110.45
9/4/2018
Jason E. Brown -FL Dev Finance Corp Mtg- Orlando
591.52
5/8/2018
Dylan Reingold-Capital Hill All Aboard FL Mtg
5161.89
5/8/2018
Kate P. Cotner -Capital Hill All Aboard FL Mtg
$271.64
5/1/2018
The Liaison Capital Hill Hotel -Kate Cotner
$274.37
5/1/2018
American Airlines -Kate Cotner
$167.20
5/1/2018
Jet Blue -Dylan Reingold
$128.20
5/1/2018
The Liason Capitol Hill Hotel -Dylan Reingold
5548.74
[Subtotal Expenses FY 17/18
$2,420.00
10
alk
Vendor
EI711211
Notes
9/30/2017
Delta Air
5191.80
7/02/15
9/30/2017
American Airlines
5193.20
1/02/15
9/30/2017
Jet Blue
$168.20 ,
1/02/15
9/30/2017
Jet Blue
525.00
11/26/14
9/30/2017
Bob Solari -travel to Washington DC
$869.98
with OMB,Senator & Congressman & FDOT
CDM Smith Inc
Acct#00110214-034020-15023
Work Order 13 Noise Monitoring
All Travel
9/30/2017
Kate Cotner -travel to Washington DC
5768.02
9/30/14
9/30/2017
Dylan Reingold-travel to Washington DC
5753.49
9/30/14
6/28/2017
Kate Cotner -Tag Meeting
560.07
mileage to Cocoa
CDM Smith Inc
'Subtotal Expenses FY 16/17
$3,029.76
8/08/14
4/20/2016
Dylan Reingold
5106.26
Hearing
4/6/2016
Aloft Hotel -
5109.00
MHG Tallahassee AL P -Dylan Reingold
12/16/2015
Kimberly Graham
5901.76
Fed Railway Assoc. Mtg-Washington DC
12/2/2015
Kate Cotner -FAC Legislative Conference
519.44
Subtotal Expenses FY 15/16
$1,136.46
I
9/8/2015
Doubletree Orlando
5271.36
Orlando -Travel -FI. Dev. Finance Corp
8/26/2015
Dylan Reingold
575.26
8/26/2015
Kate Cotner
- -$5.36
Orlando -Travel -FL Dev. Finance Corp
"Subtotal Expenses FY 14/15
$341.26
I
Acct#11124319-033190
Other Professional Services
Date
Vendor
Amount
Notes
7/02/15
CDM Smith Inc
523,454.00
Work Order 10 EIS
1/02/15
CDM Smith Inc
56,973.40
Work Order 13 Noise Monitoring
1/02/15
CDM Smith Inc
$2,122.50
Work Order 10 EIS
11/26/14
' CDM Smith Inc -
55,605.00
Work Order 10 EIS
11/21/14
CDM Smith Inc
56,585.80
Work Order 13 Noise Monitoring
'Subtotal Expenses FY 14/15
_ $44,740.70
9/30/14
CDM Smith Inc
$1,937.00
Work Order 13 Noise Monitoring
9/30/14
CDM Smith Inc
58,077.00
Work Order 10 EIS
8/29/14
CDM Smith Inc
54,135.00
Work Order 10 EIS
8/08/14
- CDM Smith Inc
53,125.00
Work Order 10 EIS
[Subtotal Expenses FY 13/14
517,274.00
Total Expenses 19/20
Total Expenses 18/19
Total Expenses 17/18
Total Expenses 16/17
Total Expenses 15/16
Total Expenses 14/15
Total Expenses 13/14
5163,910.25
5550,267.12
5637,344.22
5223,471.97
5870,867.50
$1,154,211.26
$45,825.80
Total expenses processed as of 4/27/2020
$3,645,898.12
Total Board authorized budget for FY 19/20•
Total Board authorized budget for FY 18/19
Total Board authorized budget for FY 17/18
Total Board authorized budget for FY 16/17
Total Board authorized budget for FY 15/16
Total Board authorized budget for FY 14/15
Total Board authorized budget for FY 13/14
5697,432.88
5550,267.12
$637,344.22
5223,471.97
$870,867.50
51,154,211.26
545,825.80
Total budgeted 13/14-19/20
$4,179,420.75
• •Includes $200,000 donation from citizens
Remaining Balance
$533,522.63
7F,
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: April 24, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Subject: Minor Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility
Background/Analysis:
On May 23, 2017, the Indian River County Board of County Commissioners (BCC) approved the Indian
River County Department of Utility Services (IRCDUS) request to implement the Application and
Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater
(Agreement) with Indian River County Septage and Food Residual haulers that use the Indian River County
Residuals Dewatering Facility (RDF). This agreement was modified and approved by the BCC on May 14,
2019.
IRCDUS has made a couple of minor changes to the agreement, as follows:
Modifications to the Agreement
Requirements of Acceptance Section:
• Change to #4 —The Central Wastewater Treatment Facility (Central) and its address was added to
the places that deliveries will be accepted. Central accepts portable wastewater only.
Disposal Procedures Section:
• Change to #1 and #2 — Clarification was provided in each one where the RDF and Central are
located, their opening days and hours, and the holidays they are closed.
Recommendation:
For informational purposes only — no recommendation required at this time.
Attachment:
Redline of Changes to Haulers Agreement
12
Date:
Applicant:
Contact Name:
Street Address:
City, State, Zip:
Business Phone:
After Hours Phone:
E-mail:
Website:
Number of trucks:
Total estimated monthly disposal volume or
tonnage:
Under this Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable
Restroom Wastewater (Agreement), Indian River County will accept, for treatment and disposal process,
wastewater from septage, food establishment sludge and portable restroom wastewater. The applicant
desires to dispose of process wastewater in accordance with current regulations.
REQUIREMENTS OF ACCEPTANCE
1. All vehicles used must meet state and federal regulations governing transport of waste liquid on public
roadways.
2. Applicants must provide a copy of their Indian River County Occupational License and their Florida
Department of Health operating permit.
3. Applicant is responsible for any damages to Indian River County property or injuries to Indian River
County personnel arising from the Applicant's disposal activities. Applicant shall defend, hold
harmless and indemnify Indian River County with respect to any and all actions, causes of action,
liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating
to any negligence, intentional misconduct, breach of the requirements set forth herein, or breach of
applicable law by Applicant in conjunction with any of the activities described herein.
4. Applicant must have approval from the Indian River County Department of Utility Services (IRCDUS)
prior to delivery at the Residual Dewatering Facility located at 1325 74th Ave SW, Vero Beach, FL
32968, or at the Central Wastewater Treatment Facility located at 3550 49th Street, Vero Beach, FL
32967.
5. The only accepted wastes under this Agreement shall be septage, food establishment sludge and
portable restroom wastewater. All other waste shall be prohibited under this Agreement. The wastes
13
can only include septage, food establishment sludge and portable restroom wastewater generated
within Indian River County.
6. Violation of Item 5 shall be subject to the following penalties: The first violation is subject to a fine of
$500. The second violation is subject to a fine of $1,500. A third violation shall find this Agreement
null and void with privileges to use the facility revoked.
7. This Agreement shall be renewed on an annual basis, with the hauler applying 30 days prior to the
end of the term year. A standard term year is from June 1st to May 31St
8. PAYMENTS, CHARGE ACCOUNT & BILLING.
a. The Indian River County landfill accepts cash, checks and credit cards for payments;
alternatively, a charge account is available.
b. A $500 cash or surety bond is required to use checks.
c. A minimum of $2,000 cash or surety bond is required to setup a charge account. This
establishes a credit limit. If at any time the account balance exceeds the credit limit, the
account will go on hold. To avoid disruption, it is recommended that the bond reflect two
months of activity.
d Bills for monthly charges and fees are due on the 20th day from the date of the invoice. If any
monthly bill remains unpaid on the 21St day of the month for such service, a penalty shall be
imposed and added to the invoice in the amount of two dollars ($2.00) plus one and one-half
percent (1%2%) interest monthly.
e. Non-payment within thirty (30) days, credit is stopped (placed on hold).
f. Non-payment within forty-five (45) days shall be grounds to terminate the acceptance of
wastewater for treatment.
g. Non-payment within sixty (60) days, the Cash or Surety Bond shall be utilized to satisfy the
payment of the amount due including interest or any cost associated with collection.
Collection of any remaining monies due shall be pursued as provided by law and may be
grounds for legal action.
9. Prior to any disposal activity, the Applicant will provide to Indian River County at the time of
application a certificate(s) of insurance verifying auto liability insurance with combined limits for
bodily injury and property insurance in an amount no less than $300,000 per occurrence. Indian River
County shall be named as additional insured. Insurance must remain in effect and a current certificate
be kept on file with Indian River County.
10. The Applicant shall not assign any interest in this application and agreement and shall not transfer
any interest without the prior written consent of the County.
11. The current disposal fees are $15.00 per wet ton of wastewater, which rate is subject to change per
approval by the Board of County Commissioners.
12. Indian River County reserves the right to cancel and terminate this Agreement and the right of
Applicant to dispose of process wastewater at the Residuals Dewatering Facility in the event of a
violation of the terms of this Agreement or a bypass or upset event. Indian River County also reserves
14
the right to seek any other remedy at law or in equity in the event of a violation of the terms of this
Agreement or a bypass or upset event.
13. Haulers must abide with all requirements by IRCDUS, as well as remain compliant with applicable
sections of Florida Administrative Code 64 E-6 (Standards for Onsite Sewage Treatment and Disposal),
in addition to any state or local regulatory requirements.
DISPOSAL PROCEDURES
1. Di pp pl se pcnSeptage and food establishment waste is received at the Residual
Dewatering Facility to customers with active accounts between 7 am and 5 pm, 7 days per week. It is
located at 1325 74th Avenue SW, Vero Beach. The Residual Dewatering Facility is closed on New Year's
Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day.
2. Portable restroom wastewater is received at the Central Wastewater Treatment Facility, located at
3550.49th Street, Vero Beach. The hours are Monday through Friday, 7:00 am to 3:30 pm, and is closed
on the weekend. The Central Wastewater Treatment Facility is alsoclosed on New Year's Day, July
4th, Labor Day, Thanksgiving Day and Christmas Day.
2,3. Each vehicle must weigh-in and weigh -out at the scalehouse, and each load of wastewater must be
accompanied by an accurate and complete Septage Manifest Log Sheet attached hereto as Exhibit
"A". Portable Restroom and Portable or Stationary Holding tank waste deliveries must be
accompanied with a route sheet that details the location address that the product was collected. The
route sheet must be included with the manifest sheet at the time of delivery.
3-4. Applicant shall submit a Safety Data Sheet (SDS) prior to the delivery of the first load of any chemicals
used in portable restroom wastewater treatment or changes in chemicals or products used.
4,5. Offloading of hauled wastesis to be done at a rate no higher than what IRCDUS has set the equipment
for. Any tampering with receiving equipment constitutes a violation of the terms of the contract and
will be subject to termination of dumping privileges and reimbursement of any costs associated with
the repair and/or replacement of receiving equipment.
5:6. Discharge may be sampled by Indian River County at any time to test the characteristics of the
discharge.
a. pH must be between 5.5 to 9.5 s.u. to be accepted.
6:7. All drivers shallenter waste discharge bays in a manner that accommodates other trucks waiting to
dispose of wastewater.
8. All spilled waste in paved discharge areas must be hosed down after every disposal of wastewater. If
the areas are not hosed down and the site is left a mess, the following penalties shall apply: the first
violation is subject to a clean-up fee of $250. The second violation is subject to a clean-up fee of $750.
These fees will be added to your account. A third violation shall find this Agreement null and void with
privileges revoked. Violations of the Agreement do not sunset at the end of the Agreement and are
cumulative.
15
&9. Wash hoses must be coiled and hung back on hose rack after each use.
X10. Vehicle vacuum pump oil blow -down discharge is strictly prohibited.
44711. In the event of malfunction that may prohibit off-loading, you will be notified and assisted in
finding an alternate method or location for dumping if this occurs.
County Contact
Richard Meckes
Wastewater Superintendent
Indian River County Department of Utility Services
4350 41st Street
Vero Beach, FL 32967
(772) 226-3423
rmeckes@ircgov.com
I have read and understand the requirements set forth in this application and agreement.
Signature Title
Date
Signature, Director, Indian River County Department of Utility Services
Per Resolution 2017-052
Date
16
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 16, 2020
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
April 10, 2020 to April 16, 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 April 10, 2020 to April 16, 2020.
17
TRANS NBR
394340
394341
394342
394343
394344
394345
394346
394347
394348
394349
394350
394351
394352
394353
394354
394355
394356
394357
394358
394359
394360
394361
394362
394363
394364
394365
394366
394367
394368
394369
394370
394371
394372
394373
394374
394375
394376
394377
394378
394379
394380
394381
394382
394383
394384
394385
394386
394387
394388
394389
394390
394391
394392
394393
394394
394395
394396
394397
DATE
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
CHECKS WRITTEN
VENDOR
KIMLEY HORN & ASSOC INC
E -Z BREW COFFEE & BOTTLE WATER SVC
WILD LAND ENTERPRISES INC
BOUND TREE MEDICAL LLC
TIRESOLES OF BROWARD INC
BAKER & TAYLOR INC
MIDWEST TAPE LLC
COMMUNITY ASPHALT CORP
HENRY FISCHER & SONS INC
INTERNATIONAL GOLF MAINTENANCE INC
FEDERAL EXPRESS CORP
FLORIDA POWER AND LIGHT
ARNOLD AIR CONDITONING INC
CAROLINA SOFTWARE INC
BRIDGESTONE AMERICAS INC
BERNTSEN INTERNATIONAL INC
FLORIDA DEPT OF JUVENILE JUSTICE
GRAHAM CLAYBURN
GLOVER OIL COMPANY INC
TOTAL TEMPERATURE INSTRUMENTATION INC
FISHER & PHILLIPS LLP
GABRIEL ROEDER SMITH & CO
BERMUDA SANDS APPAREL LLC
STRAIGHT OAK LLC
C E R SIGNATURE CLEANING
GATOR BUILDING SUPPLY INC
MICHAEL EDWARD HAMILTON
CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA
SYLIVIA MILLER
THE TRANSIT GROUP INC
CALVIN GIORDANO & ASSOCIATES INC
GYRO-TRAC CORPORATION
ATLANTIC SOUTHERN PAVING & SEALCOATING
PORT CONSOLIDATED INC
SUNCOAST WELDING SUPPLIES INC
COMMUNICATIONS INTERNATIONAL
TEN -8 FIRE EQUIPMENT INC
HENRY SCHEIN INC
SAFETY PRODUCTS INC
AT&T WIRELESS
PARALEE COMPANY INC
E -Z BREW COFFEE & BOTTLE WATER SVC
GRAINGER
KELLY TRACTOR CO
GRAYBAR ELECTRIC
WILD LAND ENTERPRISES INC
CLIFF BERRY INC
BOUND TREE MEDICAL LLC
BRISTER SIGNS INC
EXPRESS REEL GRINDING INC
DELL MARKETING LP
CITY OF VERO BEACH
UNITED WAY OF INDIAN RIVER COUNTY
INDIAN RIVER ALL FAB INC
JANITORIAL DEPOT OF AMERICA INC
STATE OF FLORIDA DEPT OF COM AFFAIRS
FLORIDA FISH & WILDLIFE
PUBLIX SUPERMARKETS
AMOUNT
4,668.00
5.00
35.00
2,333.52
3,527.64
276.47
2,199.02
102,406.96
760.00
990.00
55.54
2,571.52
7,436.90
500.00
1,300.42
488.78
37,280.72
245.00
64,109.97
2,660.00
12,852.00
13,000.00
828.00
106.35
2,750.00
765.60
600.00
425.00
162.00
8,835.41
26,775.00
605.82
300.00
4,605.41
247.93
66.00
2,393.59
4,161.98
69.55
229.38
600.00
245.00
682.09
6,617.77
116.39
28.30
742.40
3,851.90
1,200.00
4,600.00
4,790.00
525.04
400.00
105.50
134.87
251,324.42
6,377.51
13.54
18
TRANS NBR
394398
394399
394400
394401
394402
394403
394404
394405
394406
394407
394408
394409
394410
394411
394412
394413
394414
394415
394416
394417
394418
394419
394420
394421
394422
394423
394424
394425
394426
394427
394428
394429
394430
394431
394432
394433
394434
394435
394436
394437
394438
394439
394440
394441
394442
394443
394444
394445
394446
394447
394448
394449
394450
394451
394452
394453
394454
394455
394456
394457
DATE
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
VENDOR AMOUNT
ACUSHNET COMPANY 3,235.23
GEOSYNTEC CONSULTANTS INC 14,539.54
CITY OF FELLSMERE 254.22
PEACE RIVER ELECTRIC COOP INC 70.24
NEXTRAN CORPORATION 238.38
ARNOLD AIR CONDITONING INC 578.00
WESTSIDE REPROGRAPHICS OF VERO BEACH INC 84.24
CHILDRENS HOME SOCIETY OF FL 1,250.00
SHRIEVE CHEMICAL CO 3,877.18
THE PALMS AT VERO BEACH 500.00
BROADCAST MUSIC INC 639.00
TREASURE COAST MATS 285.00
MICHAEL WYATT 40.00
CONTROL SYSTEMS DESIGN INC 945.00
SOUTHERN JANITOR SUPPLY INC 1,255.64
OCLC ONLINE COMPUTER LIBRARY CENTER 470.40
MBV ENGINEERING INC 1,890.00
HEART OF THE EARTH MARKETING 826.25
ORCHID ISLAND PROPERTY MGMT II INC 350.00
TOTAL TEMPERATURE INSTRUMENTATION INC 962.00
KWACKS INC 710.00
BRENNTAG MID -SOUTH INC 7,568.50
YAMAHA GOLF CAR COMPANY 316,900.00
OVERDRIVE INC 2,191.81
ALAN JAY CHEVROLET CADILLAC 40,057.00
PRESSURE WORLD INC 325.97
THOMAS LOUGHLIN CONST CLEAN-UP INC 2,500.00
THOMAS C QUINA 450.00
CARDINAL HEALTH 110 INC 3,548.00
MUNICIPAL EMERGENCY SERVICES INC 22,753.30
KYLE ANDERSON 1,400.00
BURNETT LIME CO INC 6,407.80
W&G MAINTENANCE 9,490.00
W S BADCOCK CORPORATION 15,417.95
FOXWOOD DEVELOPMENT LLC 56,571.58
SUMMIT CONSTRUCTION OF VERO BEACH LLC 9,444.60
MARKETING SPECIALTIES OF GEORGIA LLC 1,746.79
PIERCE GOODWIN ALEXANDER & LINVILLE INC 9,447.00
SYLIVIA MILLER 1,069.00
UNIFIRST CORPORATION 618.34
CDA SOLUTIONS INC 276.98
BARSALOU VENTURES LLC 825.00
COVERALL NORTH AMERICA INC 540.00
COLE AUTO SUPPLY INC 2,061.25
RHOADES AIR & HEAT 136.00
CORE & MAIN LP 3,233.50
JOE PAYNE INC 8,721.44
DJD EQUIPMENT HOLDINGS LLC 10,600.31
CHANGE HEALTHCARE LLC 40,011.14
DIRECTV GROUP INC 61.99
VIKING LANDSCAPING LLC 7,500.00
ANNA M DAVIS 205.00
AMAZON CAPITAL SERVICES INC 3,294.43
PREMIER LANDSCAPE SOLUTIONS OF IR LLC 6,960.00
PIRATE PEST CONTROL LLC 103.00
ALL RITE WATER PURIFICATION INC 135.55
AMERIGAS PROPANE LP 1,772.99
PSI TECHNOLOGIES INC 3,604.00
JORDAN POWER EQUIPMENT CORP 6.42
LIBERTY TIRE RECYCLING LLC 1,471.90
19
TRANS NBR
394458
394459
394460
394461
394462
394463
394464
394465
394466
394467
394468
Grand Total:
DATE
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
VENDOR
MULLINAX FORD OF VERO BEACH
MT CAUSLEY LLC
STAPLES INC
LOWES COMPANIES INC
PEOPLEREADY INC
NAUTICAL OUTFITTERS CORP
TOTAL GOLF CART LLC
ARC ELECTRIC INC
COASTAL DOORS LLC
JEFFERY JACKSON
CALVARY CHAPEL VERO BEACH
AMOUNT
3,950.10
28,402.00
29.94
1,778.04
936.00
218.94
143.49
5,625.00
1,590.00
111.83
1,250.00
1,272,448.41
20
TRANS. NBR
1016490
1016491
1016492
1016493
1016494
1016495
1016496
1016497
1016498
1016499
1016500
1016501
1016502
1016503
1016504
Grand Total:
ELECTRONIC PAYMENT - VISA CARD
DATE
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
04/15/2020
•
VENDOR AMOUNT
AT&T CORP 99.97
OFFICE DEPOT INC 495.01
WASTE MANAGEMENT INC OF FLORIDA 1,005.96
COLD AIR DISTRIBUTORS WAREHOUSE 1,742.95
INDIAN RIVER BATTERY 1,119.55
INDIAN RIVER OXYGEN INC 3,766.50
SMITH BROTHERS CONTRACTING EQUIP 483.96
ABCO GARAGE DOOR CO INC 65.25
THE EXPEDITER 496.68
GROVE WELDERS INC 734.59
SOUTHERN COMPUTER WAREHOUSE INC 187.13
FIRST HOSPITAL LABORATORIES INC 458.00
STRYKER SALES CORP 2,644.80
GREAT SOUTHERN EQUIPMENT CO 2,105.06
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 317.27
15,722.68
21
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR DATE
7582
7583
7584
7585
7586
7587
7588
7589
7590
7591
7592
7593
7594
Grand Total:
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/13/2020
04/14/2020
04/14/2020
04/14/2020
04/14/2020
04/15/2020
04/16/2020
04/15/2020
04/16/2020
VENDOR
FLORIDA DEPARTMENT OF REVENUE
FLORIDA DEPARTMENT OF REVENUE
FLORIDA DEPARTMENT OF REVENUE
FLORIDA DEPARTMENT OF REVENUE
CLERK OF CIRCUIT COURT
CLERK OF CIRCUIT COURT
IRC CHAMBER OF COMMERCE
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
WRIGHT EXPRESS FSC
FLORIDA DEPARTMENT OF BUSINESS AND
CDM SMITH INC
THALLE CONSTRUCTION CO INC
SAVE ON SP LLC
AMOUNT
2,071.00
24,219.05
604.00
679.91
27.00
2,604.66
28,682.64
38,421.44
21,512.13
25,425.58
6,206.58
1,128,278.16
8,854.75
1,287,586.90
22
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 23, 2020
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
April.17, 2020 to April 23, 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 April 17, 2020 to April. 23, 2020.
23
TRANS NBR
394469
394470
394471
394472
394473
394474
394475
394476
394477
394478
394479
394480
394481
394482
394483
394484
394485
394486
394487
394488
394489
394490
394491
394492
394493
394494
394495
394496
394497
394498
394499
394500
394501
394502
394503
394504
394505
394506
394507
394508
394509
394510
394511
394512
394513
394514
394515
394516
394517
394518
394519
394520
394521
394522
394523
394524
394525
394526
DATE
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
CHECKS WRITTEN
VENDOR AMOUNT
DELL MARKETING LP 32,011.56
UNITED WAY OF INDIAN RIVER COUNTY 731.00
BLUE CROSS & BLUE SHIELD OF FLORIDA INC 16,024.51
ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36
ADMIN FOR CHILD SUPPORT ENFORCEMENT 303.42
ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 38,421.44
NORTH CAROLINA CHILD SUPPORT 105.69
COMMONWEALTH OF MASSACHUSETTS 154.00
VERO CHEMICAL DISTRIBUTORS INC 220.40
PALMDALE OIL COMPANY INC 318.50
AT&T WIRELESS 672.87
DATA FLOW SYSTEMS INC 835.00
GRAINGER 1,797.67
GRAYBAR ELECTRIC 909.21
HACH CO 2,796.61
PETES CONCRETE 3,600.00
NEWMANS POWER SYSTEMS 698.36
BAKER & TAYLOR INC 1,341.35
K & M ELECTRIC SUPPLY 135.00
SOFTWARE HARDWARE INTEGRATION 258.02
CITY OF VERO BEACH 2,498.79
INDIAN RIVER ALL FAB INC 283.40
FLORIDA DEPT OF TRANSPORTATION 1.34
FLORIDA POWER AND LIGHT 21,162.88
PUBLIC DEFENDER 14,572.32
TREASURE COAST CONSTRUCTION MGMT LLC 3,700.00
US KIDS GOLF LLC 197.63
BE SAFE SECURITY ALARMS INC 120.00
TLC DIVERSIFIED INC 184,590.00
GATOR'S SOD INC 340.00
TRANE US INC 886.00
FASTENAL COMPANY 111.19
SOUTHERN JANITOR SUPPLY INC 1,167.53
MBV ENGINEERING INC 11,512.50
1ST FIRE & SECURITY INC 658.75
NICOLACE MARKETING INC 968.00
WINSUPPLY OF VERO BEACH 30.38
EXCELSIOR BLOWER SYSTEMS INC 80,023.66
DE LA HOZ BUILDERS INC 34,942.00
VERO BEACH PARTNERSHIP 800.00
ALAN JAY CHEVROLET CADILLAC 68,882.20
GFA INTERNATIONAL INC 17,475.00
REHMANN GROUP LLC 23,135.00
BURNETT LIME CO INC 3,225.60
BURNETT LIME CO INC 112.00
R J THOMAS MANUFACTURING CO INC 3,370.00
SCADA SOLUTIONS LLC 2,800.00
SOUTHERN MANAGEMENT LLC 133.50
C E R SIGNATURE CLEANING 850.00
CHEMTRADE CHEMICALS CORPORTATION 2,862.88
CATHEDRAL CORPORATION 3,384.21
UNIFIRST CORPORATION 28.11
UNIFIRST CORPORATION 196.80
COLE AUTO SUPPLY INC 142.68
CORE & MAIN LP 9,601.52
W OERNER AGRIBUSINESS LLC 840.00
DANE CONTRACTING INC 832.00
24
TRANS NBR
394527
394528
394529
394530
394531
394532
394533
394534
394535
394536
394537
394538
394539
394540
394541
394542
394543
394544
394545
394546
394547
394548
394549
394550
394551
394552
394553
394554
394555.
394556
394557
394558
394559
394560
394561
394562
394563
394564
394565
394566
394567
394568
394569
394570
394571
394572
394573
394574
394575
394576
394577
394578
394579
394580
394581
394582
394583
394584
394585
394586
DATE
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
VENDOR
AMERIGAS PROPANE LP
HOPPING GREEN & SAMS PA
JORDAN POWER EQUIPMENT CORP
DEANGELO BROTHERS LLC
KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC
LOWES COMPANIES INC
PEOPLEREADY INC
STREAM RECYCLING SOLUTIONS LLC
ROBERT BROOKE & ASSOCIATES
VERO BEACH ORCHID SOCIETY
SANDR SUAREZ
VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
AMOUNT
568.98
4,363.00
552.71
365.00
222.76
2,331.11
247.00
394.10
88.01
69.23
80.06.
39,141.00
3.62
60.78
65.73
89.27
46.79
45.20
43.97
38.13
40.53
71.57
30.94
45.44
21.06
72.04
89.37
34.26
66.89
69.38
342.53
39.73
41.35
87.09
28.02
76.56
26.27
83.90
32.87
71.08
23.03
31.60
41.72
75.99
33.31
103.44
61.63
74.39
75.91
42.10
36.26
35.88
75.05
88.20
79.52
91.71
23.65
44.14
21.45
39.64
25
TRANS NBR
394587
394588
394589
394590
394591
394592
394593
394594
394595
394596
394597
394598
394599
394600
394601
394602
394603
394604
394605
394606
394607
394608
394609
394610
394611
394612
394613
394614
394615
394616
394617
394618
394619
394620
394621
394622
394623
394624
394625
394626
394627
394628
394629
394630
394631
394632
394633
394634
394635
394636
394637
394638
394639
394640
394641
394642
394643
394644
394645
394646
DATE
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/18/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
VENDOR
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
UTIL REFUNDS
COMMUNICATIONS INTERNATIONAL
TEN -8 FIRE EQUIPMENT INC
RANGER CONSTRUCTION IND INC
VERO CHEMICAL DISTRIBUTORS INC
RICOH USA INC
SAFETY PRODUCTS INC
AT&T WIRELESS
SEWELL HARDWARE CO INC
PARKSON CORPORATION
PETES CONCRETE
CHILDCARE RESOURCES OF IRC INC
NEWSBANK INC
PALM TRUCK CENTERS INC
SOFTWARE HARDWARE INTEGRATION
COMMUNITY ASPHALT CORP
CLERK OF CIRCUIT COURT
JANITORIAL DEPOT OF AMERICA INC
WEST PUBLISHING CORPORATION
FEDERAL EXPRESS CORP
PEACE RIVER ELECTRIC COOP INC
LANGUAGE LINE SERVICES INC
STRUNK FUNERAL HOMES & CREMATORY
AMOUNT
87.96
41.66
38.79
41.09
85.37
587.53
39.62
73.14
538.05
105.48
28.28
89.13
232.91
2.28
156.91
80.55
69.30
43.40
45.27
85.37
398.71
24.69
172.79
86.89
56.10
62.29
18.18
3.73
37.47
340.36
335.55
22.76
253.32
36.82
1.19
62.45
125.57
31.65
176.00
22,744.26
1,699.97
158.50
24.59
325.52
185.60
180.08
2,075.77
2,950.00
28,986.66
34,909.00
3,526.25
420.08
231.00
232.58
121.81
302.00
171.89
290.01
140.47
425.00
26
TRANS NBR
394647
394648
394649
394650
394651
394652
394653
394654
394655
394656
394657
394658
394659
394660
394661
394662
394663
394664
394665
394666
394667
394668
394669
394670
394671
394672
394673
394674
394675
394676
394677
394678
394679
394680
394681
394682
394683
394684
394685
394686
394687
394688
394689
394690
394691
394692
394693
394694
394695
394696
394697
394698
394699
394700
394701
394702
394703
394704
394705
394706
DATE
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
04/20/2020
VENDOR AMOUNT
NEW YORK TIMES 551.25
SUNSHINE LAND DESIGN 57,384.60
TRANSPORTATION CONTROL SYSTEMS 552.00
GIFFORD COMMUNITY CENTER 7,583.89
JOHN BROWN & SONS INC 24,835.00
ENVISIONWARE INC 785.42
SHRIEVE CHEMICAL CO 4,120.94
RUSSELL PAYNE INC 346.80
CELICO PARTNERSHIP 1,111.99
U S BANK NATIONAL ASSOCIATION 944.69
VAN WAL INC 240.00
FASTENAL COMPANY 54.24
SOUTHERN JANITOR SUPPLY INC 972.11
MBV ENGINEERING INC 1,310.00
E W SIVER & ASSOCIATES INC 12,337.50
ETR LLC 1,878.78
SUNCOAST REALTY & RENTAL MGMT LLC 500.00
KWACKS INC 2,124.00
NICOLACE MARKETING INC 2,345.75
OVERDRIVE INC 719.43
ALAN JAY CHEVROLET CADILLAC 24,423.00
MUNICIPAL EMERGENCY SERVICES INC 1,038.95
SOUTHWIDE INDUSTRIES INC 1,811.14
STEWART & STEVENSON FDDA LLC 2,168.40
YOURMEMBERSHIP.COM 449.00
UNIFIRST CORPORATION 1,602.55
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1.96
ADVANCE STORES COMPANY INCORPORATED 36.91
THE GIFFORD FLORIDA YOUTH ORCHESTRA 4,350.00
COLE AUTO SUPPLY INC 537.52
KONICA MINOLTA BUSINESS SOLUTIONS 68.78
NESTLE WATERS NORTH AMERICA 74.81
LOCKTON COMPANIES 22,375.00
ULINE INC 5,371.55
TYKES & TEENS INC 7,623.93
DIRECTV GROUP INC 55.82
EMPIRE PIPE ORLANDO LLC 159,600.00
METROPOLITAN COMMUNICATION SERVICES INC 209.75
JORDAN POWER EQUIPMENT CORP 55.48
MULLINAX FORD OF VERO BEACH 1,275.42
KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,078.42
MILTON MAYBERRY ENTERPRISES INC 2,776.00
INVASIVE PLANT ERADICATORS LLC 321.47
TELEFLEX LLC 2,750.00
BLUE GOOSE CONSTRUCTION LLC 539.60
LOWES COMPANIES INC 1,869.58
PEOPLEREADY INC 10,400.00
SMI TRADING LLC 63.67
GOMEZ BROTHERS ENTERPRISES INC 3,688.00
SITECRAFTERS OF FLORIDA INC 251,455.03
TRUE DIGITAL SECURITY INC 175.00
THALES CONSULTING INC 250.00
THALES CONSULTING INC 750.00
CONSTANT CONTACT INC 378.00
ESTATE OF JAKOB UNGAR SR 473.21
JAMES LIVINGSTON 500.00
UTIL REFUNDS 80.98
UTIL REFUNDS 13.36
UTIL REFUNDS 36.10
UTIL REFUNDS 88.15
27
TRANS NBR DATE VENDOR
394707 04/20/2020 UTIL REFUNDS
394708 04/20/2020 UTIL REFUNDS
394709 04/20/2020 UTIL REFUNDS
394710 04/20/2020 UTIL REFUNDS
394711 04/20/2020 UTIL REFUNDS
394712 04/20/2020 UTIL REFUNDS
394713 04/20/2020 UTIL REFUNDS
394714 04/20/2020 UTIL REFUNDS
394715 04/20/2020 UTIL REFUNDS
394716 04/20/2020 UTIL REFUNDS
394717 04/20/2020 UTIL REFUNDS
394718 04/20/2020 UTIL REFUNDS
394719 04/20/2020 UTIL REFUNDS
394720 04/20/2020 UTIL REFUNDS
394721 04/20/2020 UTIL REFUNDS
394722 04/20/2020 UTIL REFUNDS
394723 04/20/2020 UTIL REFUNDS
394724 04/20/2020 UTIL REFUNDS
394725 04/20/2020 UTIL REFUNDS
394726 04/20/2020 UTIL REFUNDS
394727 04/20/2020 UTIL REFUNDS
394728 04/20/2020 UTIL REFUNDS
394729 04/20/2020 UTIL REFUNDS
394730 04/20/2020 UTIL REFUNDS
394731 04/20/2020 UTIL REFUNDS
394732 04/20/2020 UTIL REFUNDS
394733 04/20/2020 UTIL REFUNDS
394734 04/20/2020 UTIL REFUNDS
394735 04/20/2020 UTIL REFUNDS
394736 04/20/2020 UTIL REFUNDS
394737 04/20/2020 UTIL REFUNDS
394738 04/20/2020 UTIL REFUNDS
394739 04/20/2020 UTIL REFUNDS
394740 04/20/2020 UTIL REFUNDS
394741 04/20/2020. UTIL REFUNDS
394742 04/20/2020 UTIL REFUNDS
394743 04/20/2020 UTIL REFUNDS
394744 04/20/2020 UTIL REFUNDS
394745 04/20/2020 UTIL REFUNDS
394746 04/20/2020 UTIL REFUNDS
394747 04/20/2020 UTIL REFUNDS
394748 04/20/2020 UTIL REFUNDS
394749 04/20/2020 UTIL REFUNDS
Grand Total:
AMOUNT
18.53
37.95
28.87
58.82
39.38
231.16
187.96
68.40
51.83
63.58
57.63
77.10
80.65
45.53
38.45
36.62
31.40
22.27
39.93
92.58
8.59
37.07
69.14
126.21
2.41
72.13
38.77
25.02
65.72
75.49
17.22
84.83
73.33
35.92
36.59
89.25
14.27
32.80
34.17
61.14
10.94
24.92
81.73
1,388,287.97
28
TRANS. NBR
1016505
1016506
1016507
1016508
1016509
1016510
1016511
1016512
1016513
1016514
1016515
1016516
1016517
1016518
1016519
1016520
1016521
1016522
1016523
1016524
1016525
1016526
1016527
1016528
1016529
Grand Total:
ELECTRONIC PAYMENT - VISA CARD
DATE
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/21/2020
04/23/2020
04/23/2020
04/23/2020
VENDOR
ABCO GARAGE DOOR CO INC
FIRST HOSPITAL LABORATORIES INC
DLT SOLUTIONS LLC
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
AUTO PARTNERS LLC
EFE INC
PACE ANALYTICAL SERVICES LLC
AT&T CORP
OFFICE DEPOT INC
POLYDYNE INC
WASTE MANAGEMENT INC OF FLORIDA
PARKS RENTAL & SALES INC
INDIAN RIVER OXYGEN INC
MEEKS PLUMBING INC
SOUTHERN COMPUTER WAREHOUSE INC
THYSSENKRUPP ELEVATOR CORPORATION
PROTRANSMASTERS II INC
L&L DISTRIBUTORS
WRIGHT FASTENER COMPANY LLC
NEXAIR LLC
PACE ANALYTICAL SERVICES LLC
TOSHIBA AMERICA BUSINESS SOLUTIONS INC
OFFICE DEPOT INC
AT&T CORP
COMCAST
AMOUNT
160.00
735.00
3,192.75
884.20
305.54
15,254.30
108.00
9,091.38
295.33
2,576.00
128.70
875.60
181.00
548.00
1,799.20
1,198.60
310.55
1,073.56
180.00
144.27
15,124.50
125.00
1,448.03
3,508.01
88.40
59,335.92
29
TRANS NBR
7595
7596
7597
7598
7599
7600
7601
7602
7603
7604
7605
7606
7607
7608
7609
7610
7611
7612
7613
7614
7615
Grand Total:
ELECTRONIC PAYMENTS - WIRE & ACH
DATE
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/17/2020
04/20/2020
04/20/2020
04/21/2020
04/21/2020
04/21/2020
04/23/2020
04/23/2020
04/23/2020
VENDOR AMOUNT
IRC FIRE FIGHTERS ASSOC 9,468.32
TEAMSTERS LOCAL UNION #769 5,351.00
FL SDU 5,502.85
BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,433.00
CULTURAL COUNCIL OF IRC 7,466.27
SCHOOL DISTRICT OF I R COUNTY 124,484.00
MUTUAL OF OMAHA 2,420.53
SENIOR RESOURCE ASSOCIATION 25,910.00
IRS -PAYROLL TAXES 17,452.38
VEROTOWN LLC 149,537.96
NATIONWIDE SOLUTIONS RETIREMENT INC 6,488.21
NATIONWIDE SOLUTIONS RETIREMENT INC 60,479.17
TOTAL ADMINISTRATIVE SERVICES CORP 12,877.36
IRS -PAYROLL TAXES 439,202.63
SCHOOL DISTRICT OF I R COUNTY 18,834.00
IRC CHAMBER OF COMMERCE 32,079.42
RX BENEFITS INC 171,152.15
RX BENEFITS INC 2,148.64
FLORIDA DEPT OF FINANCIAL SERVICES 15,228.76
KIMLEY HORN & ASSOC INC 15,300.00
INDIAN RIVER COUNTY SHERIFF 4,218.24
1,137,034.89
30
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: April 22, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: Arjuna Weragoda, PE, Capital Projects Manager
Subject: North Sebastian Phase 2 Water and Sewer Project- Contract Documents and Bidding
Services - Work Order No. 9
Descriptions and Conditions:
Indian River County Department of Utility Services (IRCDUS) submitted applications for the following
grants for the North Sebastian Phase 2 Water and Sewer project:
• Fiscal Year (FY) 20-21 Districtwide Cost Share
• FY 20-21 IRLNEP Cost Share
• FDEP Water Quality Restoration Grant
• FY 20-21 Appropriations Project Request
The Phase 2 project consists of providing centralized sewer to a total of 201 parcels and county water to
approximately 190 parcels. A majority of the project is located west of US Highway 1, bounded to the
north/west by the St. Sebastian River and Roseland Road to the south. The Florida East Coast (FEC) railroad
bisects the project area, as indicated in Figure 1.
31
Figure 1:
Benefitting Parcels - 201
ssGravityMain
Subtype, LifecycleStatus
—4 Collector, Active
ssPressu rized Main
Owner, LifecycleStatus
Indian River County,Active
Private, Active
ssN etworkStru ctu re
Subtype, Owner
LiftStation, Indian River County
LiftStation, Private
EXHIBIT A: PROJECT LOCATION MAP:
NORTH SEBASTIAN- PHASE 2
Documert Path: F:wnimesw W - ngneenn! • roJects Umtty . forGrarts.mx.
32
Analysis:
IRCDUS has been awarded funding from three out of the four requested grant applications and are
awaiting to hear back from St. Johns River Water Management District (SJRWMD) FY 20-21 Cost Share
application.
Given the time restrictions on the grants, staff entertained a proposal from Masteller and Moler, Inc.,
(M&M) for contract documents and bidding services. Note that the consultants will need to update the
design plans, prepare technical specifications, contract documents, and the finalization of biddability
plans in order to advertise the project for procurement. Persuant to the Continuing Consulting
Engineering Services Agreement for professional engineering services dated April 17, 2018, M&M
submitted Work Order No. 9, which includes providing professional services for updating the plans,
contract specifications/bid documents, and bidding services. Exhibit A further details the scope of work
to be performed by M&M. The total negotiated cost for the professional services is a sum amount of
$35,820.
Funding:
Funds for this project are derived from utilities capital funding. Utilities capital fund revenues are
generated from impact fees. Furthermore, new growth has created the need for the expansion or
construction of the facilities, and that new growth will benefit from the expansion or construction of the
facilities.
Description
Account Number
Amount
North County Phase 2 Water and Sewer Project
473-169000-20514
$35,820.00
Recommendation:
Staff recommends that the Board of County Commissioners approve Work Order No. 9 with Masteller &
Moler, Inc., in the amount of $35,820.00 for professional services, which includes design plans update,
preparation of technical specifications/bid documents, and bidding services to expand water and sewer
services to the north Sebastian area in Phase 2.
Attachment(s):
Work Order No. 9 and supporting documents (3 Pages)
33
CCNA2018 WORK ORDER 9
NORTH COUNTY SEWER & WATER SYSTEM - PHASE TWO
PLANS UPDATE, SPECIFICATIONS & BIDDING SERVICES
This Work Order Number 9 is entered into as of this day of , 2020, pursuant to
that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of
the 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc.
("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit A
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
MASTELLER & MOLER, INC.
By: By:
Print Name: Earl H. Masteller, PE, BCEE
Title:
OF INDIAN RIVER COUNTY
Susan Adams, Chairman
President BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
34
EXHIBIT "A"
WORK ORDER NUMBER 9
NORTH COUNTY SEWER & WATER SYSTEM — PHASE TWO
PLANS UPDATE, SPECIFICATIONS & BIDDING SERVICES
GENERAL INFORMATION
The Indian River County Utilities Department has decided to move forward with bidding and construction of
Phase Two of the North County Sewer System. A previous Work Order provided for Engineering Services in
connection with the design and preparation of construction plans and permitting applications for a gravity
sanitary sewer collection and conveyance system and potable water distribution system to serve residential
areas in the North County known as Study Area Number 2. Masteller & Moler, Inc. has completed the Design,
Contract Plans and Permitting Applications for the project. Phase 2 for this project is generally defined as
follows:
• The residential area along Ruffner Drive from the cul-de-sac north to Bay Street;
• the western portion of Ercildoune Heights along the Saint Sebastian River; and
• the area of Roseland between Roseland Road and the Saint Sebastian River from Kelso Place to 128th
Court.
The County has been successful in securing grant funding for construction and the County wishes to construct
the project. This Work Order provides for Engineering Services necessary for the project's plan update,
contract specifications / bid documents, and bidding services.
A brief description of the scope of services and deliverables for this Work Order is provided as follows:
SCOPE OF SERVICES
Task A — Update Project Plans
Task A provides for professional engineering services to review and update the Construction Plans used for
project permitting and update the plans with final checklist so they are suitable for bidding.
Task B — Contract Specifications & Bid Documents
Task B provides for professional engineering services in order to prepare contract specifications and bid
documents to be used along with the construction plans to bid and construct the project.
Task C — Bidding Services
Task C provides engineering services during the project's bidding process generally including the following:
1. Preparation for and attendance at a mandatory pre-bid meeting and preparation of a letter of
response to include in an addendum.
2. Research and responses to bidders' questions to be incorporated into written addenda during the
bidding process.
3. Review submitted bids, evaluate for correctness and completion, contact references (if applicable),
and provide Letter of Findings and Recommendation of Contract Award.
35
Deliverables — The ENGINEER shall provide the COUNTY:
a. Update Plans
b. Preliminary Specifications
c. Final Specifications with Contract Documents
TIME SCHEDULE
1 Hard Copy & 1 Electronic
1 Hard Copy Set
1 Hard Copy Set & 1 Electronic
The estimated time frame for completion of services from the issuance of the Notice To Proceed:
Task A — Update Plans (after NTP Receipt) 30 Calendar Days
Task B — Contract Specifications & Bid Documents (after NTP Receipt) 45 Calendar Days
Task C — Bidding Services As Required
FEE SCHEDULE
Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the following fees:
Task A — Update Project Plans $ 12,050.00
Task B — Preparation of Contract Specifications & $ 13,000.00
Bid Documents
Task C — Services During Project Bidding $ 10,770.00
36
Consent Item
8D.
Date:
To:
From:
Indian River County, Florida
Department of Utility Services
Board Memorandum
April 22, 2020
Jason E. Brown, County Administrator
Vincent Burke, PE, Director of Utility Services
Prepared by: Cindy Corrente, Utilities Finance Manager
Subject: Suspension of Delinquency Charges associated with Utility Services through May 31, 2020,
due to COVID-19
Background/Analysis:
On March 12, 2020, the Indian River County Department of Utility Services (IRCDUS) temporarily suspended the
practice of disconnecting potable water service if a customer's account is past due. On March 17, 2020, the
Indian River County Board of County Commissioners (BCC) approved Resolution 2020-31, which delegated the
authority to the County Administrator to execute all documents necessary to the proper functioning of the
County until the BCC could meet to ratify those actions. On April 7, 2020, staff recommended and the Board
of County Commissioners ratified the actions taken by the County Administrator under Resolution 2020-31
to temporarily suspend the Indian River County Department of Utility Services' charging of delinquency
charges under section 201.08(1)(4) of the Indian River County Code Of Ordinances through April 30, 2020. The
purpose of this agenda is to extend the delinquency charge suspension for another 30 days, or until May 31,
2020.
Due to the COVID- 19 pandemic, it is crucial that all potable water service within IRCDUS's service area remain
on in order to provide essential water supply for cleaning and cooking. With the recent stay home and social
distancing requirements from local, state, and federal regulations, some of our customers are affected financially
since, for many, their jobs have been furloughed. This affects their ability to pay for utility and other bills.
Funding:
Revenues from delinquency charges are recorded in the Utilities Operating fund. It is estimated that $75,000
per month (estimated $150,000 total) in revenues will not be recorded as a result of this recommendation.
In addition to the lost revenue, approximately $25,000 per month (estimated $50,000 total) in reconnect
fees will not be recorded as well.
Account Name
Account Number
Amount
Penalties
471034-343540
$200,000
Recommendation:
Staff recommends that the Board of County Commissioners suspend the Indian River County Department of
Utility Services' charging of delinquency charges under section 201.08(J)(4) of the Indian River County Code
Of Ordinances through May 31, 2020.
37
CONSENT
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
THROUGH: Tad Stone, Director
Department of Emergency Services
FROM: Erin Baskins, Staff Assistant IV
Department, of Emergency Services
DATE:: April 29, 2020
SUBJECT: Modification #1 to Emergency Management Federally -Funded Subgrant
Agreement (EMPG) Agreement Number G0002
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
The Indian River County Board of County Commissioners executed an agreement with the Florida
Division of Emergency Management on August 13, 2019 for the Emergency Management
Performance Grant (EMPG). The EMPG grant is used to enhance and improve emergency
management mitigation, planning, response and recovery directly affecting the lives and property
of Indian River County residents and visitors. Due to Executive Order 20-51, dated March 1; 2020,
declaring a public health emergency for the State of Florida in response to Coronovirus-19
(COVID-19), The Florida Division of Emergency Management has submitted Modification #1 to
Agreement Number. G0002 which extends the terms of the agreement by three (3) months with a
new end date of September 30, 2020.
FUNDING:
There are no changes to the funding of the original agreement.
RECOMMENDATION:
Staff recommends approval of Modification #1 of Federally -Funded Subgrant Agreement G0002
between Indian River County Emergency Management and the State of Florida, Division of
Emergency Management.
ATTACHMENTS:
1. Two (2) original Copies of EMPG Agreement Modification #1
38
MODIFICATION #1 TO SUBGRANT AGREEMENT BETWEEN
THE DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY
This Modification is made and entered into by and between the State of Florida,
Division of Emergency Management ("the Division"), and Indian River County ("Sub -
Recipient"), to modify Agreement Number G0002, which began on August 26, 2019
("the Agreement").
WHEREAS, Executive Order 20-51 dated March 1, 2020, declared a public health
emergency for the State of Florida in response to Coronavirus -19 (COVID-19). A
Federal declaration (DR4486) was issued by the Federal Emergency Management
Agency (FEMA) for all 67 counties in Florida for response to COVID-19. The State of
Florida along with all political subdivisions are currently responding to COVID-19 to
ensure the safety of its citizens.
WHEREAS, the Division and the Sub -Recipient have entered into the Agreement,
pursuant to which the Division has provided a subgrant to Sub -Recipient under the
Emergency Management Performance Grant program of $78,722.00;
WHEREAS, the Agreement will expire on June 30, 2020; and,
WHEREAS, the Division and the Sub -Recipient desire to extend the terms of the
Agreement; and
WHEREAS, the Division and the Sub -Recipient desire to modify the Agreement;
and,
WHEREAS, in consideration of the mutual promises of the parties contained herein,
the parties agree as follows:
1. Paragraph 8 of the Agreement is hereby amended to read as follows:
This Agreement shall begin July 1, 2019 and shall end on
September 30, 2020, unless terminated earlier in accordance with the provisions
of Paragraph (17) of this Agreement. Consistent with the definition of "period. of
performance" contained in 2 C.F.R. §200.77, the term "period of agreement"
refers to the time during which the Sub -Recipient "may incur new obligations to
carry out the work authorized under" this Agreement. In accordance with 2
C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this
Agreement only for "allowable costs incurred during the period of performance."
In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient
may expend funds authorized by this Agreement "only for allowable costs
resulting from obligations incurred during" the period of agreement. 39
2. All provisions not in conflict with this Modification remain in full force and effect,
and are to be performed at the level specified in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Modification as of
the dates set out below.
RECIPIENT: INDIAN RIVER COUNTY
By:
Name and Title: Susan Adams, Chairman
Date:
DIVISION OF EMERGENCY MANAGEMENT
By:
Name and Title: Jared Moskowitz, Division Director
Date:
40
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
TO:
THROUGH:
THROUGH:
FROM:
SUBJECT:
Jason E. Brown, County Administrator
Richard B. Szpyrka, P.E., Public Works Director
James W. Ennis, P.E., PMP, Assistant Public Works Director
Robert S. Skok, Infrastructure Project Manager
Community Aesthetic Feature Agreements
Indian River County Welcome Signs, Project No. IRC -1816
DATE: April 23, 2020
DESCRIPTION AND CONDITIONS
On April 3, 2018, the Board of County Commissioners (Board) selected and approved the final design and
locations for County Welcome Signs. On April 17, 2018, the Board approved an Engineering Service
Agreement for Professional Services with MBV Engineering, Inc to provide site plan design and permitting
services for each of the four previously approved sign locations
Three of the proposed sign locations fall within Florida Department of Transportation (FDOT) right of ways.
As part of the permitting process, FDOT requires Community Aesthetic Feature Agreements to be approved
by the Board for each roadway as well as a Resolution authorizing the Board of County Commissioners to
execute the Agreements prior to issuing right of -way permits where a sign installation is proposed. Two
locations are within the US -1 corridor (one Agreement for both) and one location on SR 60.
FUNDING
No funding is required for this item.
RECOMMENDATION
Staff recommends the Board approve the agreements and recommends adopting the Resolution and
authorizing the Chairman to sign the Agreements.
ATTACHMENTS
1. CAFA Agreement for SR 5 (US Highway 1)
2. CAFA Agreement for SR 60
3. Authorizing Resolution
APPROVED AGENDA ITEM FOR May 5, 2020
41
State Road/Local Road SR 5 Section No. 88010 CAFA No. 2020 M 490 00001
This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of
between the State of Florida, Department of Transportation ("Department") and Indian River County
("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as
the "Parties."
RECITALS
A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ❑Public Art, ®Local
Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is
located on State Road/Local Road
SR 5 at MP22.27 in Indian River County, Florida ("Project").
B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the
public, result in positive economic development, and increase tourism both locally and throughout Florida.
C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this
Agreement.
AGREEMENT
1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective
Date") and continue through , which is determined as the lifespan of the Project, unless terminated at an
earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within
( ) days of the Effective Date of this Agreement, the Department may immediately terminate this
Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a
writing executed by both Parties to this Agreement.
2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ❑Public Art, ®Local Identification
Marker], as more fully described in the plans in Exhibit "A", attached and incorporated in this Agreement.
3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to
fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and
incorporated in this Agreement as Exhibit "D". The Department shall not be responsible for any costs associated with the
Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property.
However, this permissive use of the Department's right-of-way where the Project is located does not vest any property
right, title, or interest in or to the Agency for the Department's right-of-way.
4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.
a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance 1
with all applicable federal, state and local statutes, rules and regulations, including the Department
standards and specifications. A professional engineer, registered in Florida, shall provide the certificatiori
that all design and construction for the Project meets the minimum construction standards established by
the Department and applicable Florida Building Code construction standards. The Agency shall submit
all plans or related construction documents, cost estimates, project schedule, and applicable third party
agreements to the Department for review and approval prior to installation of the Project. The Agency is
responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by j
17 inch sheets, together with a complete set of specifications covering all construction requirements for
the Project. A copy of the design plans shall be provided to the Department's District Design Engineer,
located at 3400 West Commercial Boulevard, Fort Lauderdale, FI 33309
. The Department will review the plans for conformance to the Department's requirements and
feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for
the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such
plans and improvements satisfies the Department's requirements, and the Department expressly
42
disclaims all other representations and warranties in connection with the plans, including, but not limited
to the integrity, suitability, or fitness for the intended purpose or whether the improvements are
constructed in accordance with the plans. The Department's review of the plans does not relieve the
Agency, its consultants or contractors of any professional or other liability for the plans. All changes
required by the Department shall be made by the Agency and final corrected plans shall be provided to
the Department within thirty (30) days.
b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall
determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility
work not required to be borne by the utility by Section 337.403, Florida Statutes.
c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard
Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making
any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of
FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from
FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local
agency.
e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's
Construction Project Manager, Patricia Evans , at (239) 841-3980 or from an
appointed designee.
f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way
to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement
creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor
the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in
or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's
right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or
performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession
of the Department's right-of-way.
The Department shall have the right, but not the obligation, to perform independent assurance testing
during the course of construction and throughout the maintenance term of the Project. If the Department
determines that a condition exists which threatens the public's safety, the Department may, at its
discretion, cause the Project to cease and/or immediately have any potential hazards removed from its
right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the
safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole
cost, expense, and effort.
h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with
the approved construction documents, and that it will meet all applicable federal, state, and local standards
and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C".
i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project
within the Department's right-of-way. The Agency shall notify the Department should installation be
suspended for more than five (5) working days.
Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the
installation of the Project. For all design work that originally required certification by a Professional
Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed
and sealed by the responsible professional for the project, the form of which is attached to this 43
g.
j.
Agreement as Exhibit "E". The certification shall state that work has been completed in compliance with
the Project construction plans and specifications. If any deviations are found from the approved plans,
the certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation. The Agency and its contractors shall remove their presence, including, but not
limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property,
machinery, and equipment from the Department's right-of-way and shall restore those portions of the
Department's right-of-way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and
expense.
k. If the Department determines that the Project is not completed in accordance with the provisions of this
Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty
(30) days from the date of receipt of the Department's written notice to complete the Project and provide
the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely
deliver the Notice of Completion, or if it is determined that the Project is not properly completed after
receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization
granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct
the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for
any resulting loss or damage to property, including but not limited to machinery and equipment. If the
Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice
for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of
the date of the invoice.
I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the
Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage
and deterioration components. The initial defect maintenance inspection should be conducted, and any
required repairs performed during the construction phase. The instantaneous damage maintenance
inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity
short term damage that does not develop over longer time periods. The deterioration maintenance
inspection shall be conducted on regular, longer term intervals and is intended to identify defects and
damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such
as those causing fatigues, normal or severe environmental influences, abuse or damage due to other
causes. Deterioration maintenance shall include, but is not limited to, the following services:
Inspect all sign surfaces every six (6) months for excessive deterioration; Inspect Structural Components
yearly; Inspect Siqn Lighting every six (6) months; Conduct Vegetation Control quarterly; maintenance
and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and
electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces,
replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members,
graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs.
m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the
Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure
its obligation to remove the Project and restore the right-of-way by providing a removal and restoration
deposit, letter of credit, or performance bond in the amount of $ . The removal and
restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term
of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the
Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted
with approval from the District Maintenance Engineer for those installations with estimated
restoration/removal costs less than or equal to $2000.00.
44
District Maintenance Engineer, Date:
n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the
Department's sole discretion, and at the Agency's sole cost.
5. INDEMNITY AND INSURANCE.
a. The Agency agrees to include the following indemnification in all contracts with contractors,
subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement:
"The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/
consultant/ subconsultant, its officers, agents or employees."
b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force during the period of this Agreement a general liability insurance policy or policies with a
company or companies authorized to do business in Florida, affording public liability insurance with
combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and
property damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/
consultant/subconsultant shall cause the Department to be an additional insured party on the policy or
policies, and shall provide the Department with certificates documenting that the required insurance
coverage is in place and effective. In addition to any other forms of insurance or bonds required under
the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the
Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance
coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road
and Bridge Construction, as amended.
c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's
Compensation Law.
6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in
writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or,
overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the
preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices
shall be sent, unless prior written notice of change of address is given.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR PROGRAM MANAGER
District Maintenance Engineer
3400 West Commercial Boulevard, Fort Lauderdale, FI 33309
Phone: 954-486-1400
Fax: 954-777-4223
Indian River County COUNTY [OR CITY], FLORIDA
Dept of Public Works, Engineering Division
1801 27th Street
45
Vero Beach, Florida, 32960
Phone: (772) 226-1931
Fax: (772) 778-9391
7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no Tess than
thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery.
The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department
pursuant to this Paragraph 7.
8. LEGAL REQUIREMENTS.
a. This Agreement is executed and entered into in the State of Florida and will be construed, performed,
and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations.
Any and all litigation arising under this Agreement shall be brought in a state court of appropriate
jurisdiction in Leon County, Florida, applying Florida law.
b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this
Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the Department.
d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors,
consultants, and subconsultants are not agents of the Department as a result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right-
of-way.
9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section
287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall,
not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the
term of this Agreement may result in the termination of this Agreement.
10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by
any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for
termination of this Agreement.
11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief,
disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of
harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts
and subcontracts for services by this Agreement.
12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of qiftion
287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees
that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list
during the term of this Agreement may result in the termination of this Agreement.
13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement.
15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy
accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or
remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar
breach or default.
16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed
by both Parties to this Agreement.
17. NON -ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties,
or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or
transfer occurring without the required prior written approval of the Department will be null and void. The Department will
at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental
agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves
transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in
connection with this Agreement.
18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.
19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement. This Agreement supersedes all previous communication,
representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or
his/her delegate.
21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
The remainder of this page is intentionally left blank.
47
Section No. 88010 CAFA No. 2020 M 490 00001
AGENCY
Indian River County
By:
Print Name: Susan Adams
Title: Chairman
As approved by the Council, Board, or
Commission on:
Attest:
Legal Review:
City or County Attorney
DEPARTMENT
State of Florida, Department of Transportation
By:
Print Name: Steve C. Braun, P.E.
Title: Director of Development
Date:
Legal Review:
48
Section No. 88010 CAFA No. 2020 M 490 00001
EXHIBIT "A"
PROJECT DESCRIPTION
SCOPE OF SERVICES
Indian River County intends to construct County Welcome. Signs at (2) locations within the FDOT right-of-way. These two
locations are "North County," within the median of US Hwy. 1 (SR5) just south of the Sebastian River / Indian River
Lagoon Bridge, and "South County," within the eastern right-of-way on US Hwy.
II. PROJECT PLANS
The Agency is authorized to install the Project in accordance with the attached plans prepared by Aaron Stanton
P.E./R.L.A./Architect and dated 3/27/2020 . Any revisions to these plans must be approved by the Department in
writing.
49
Section No. 88010 CAFA No. 2020 M 490 00001
EXHIBIT "B"
SPECIAL PROVISIONS
During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to
temporarily close a sidewalk, it should be done with the express condition that an alternate route will be
provided, and shall continuously maintain pedestrian features to meet Americans with Disability Act (ADA)
standards.
• A copy of this permit and plan will be on the job site at all times during the construction of this facility.
50
Section No. 88010 CAFA No. 2020 M 490 00001
EXHIBIT "C"
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
• All maintenance of traffic (MOT) will be in accordance with the Department's current edition of the Design Standards,
(102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification
of any traffic device(s) at the Permittee's sole expense.
51
Section No. 88010 CAFA No. 2020 M 490 00001
EXHIBIT "D"
AGENCY RESOLUTION
See attached
52
Section No. 88010 CAFA No. 2020 M 490 00001
EXHIBIT "E"
NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S
CERTIFICATE OF COMPLIANCE
NOTICE OF COMPLETION
COMMUNITY AESTHETIC FEATURE AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and Indian River County
PROJECT DESCRIPTION:
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides
notification that the work authorized by this Agreement is complete as of , 20
By:
Name:
Title:
RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies
that all work which originally required certification by a Professional Engineer has been completed in compliance with the
Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this
Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans
, certified by the Engineer of Record.
SEAL:
By:
Name:
Date:
53
State Road/Local Road SR60
Section No. 88010 CAFA No. 2020 M 490 00002
This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of
between the State of Florida, Department of Transportation ("Department") and Indian River County
("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as
the "Parties."
RECITALS
A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ['Public Art, ®Local
Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is
located on State Road/Local Road
SR 60 at MP29.59 in Indian River County, Florida ("Project").
B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the
public, result in positive economic development, and increase tourism both locally and throughout Florida.
C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this
Agreement.
AGREEMENT
1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective
Date") and continue through which is determined as the lifespan of the Project, unless terminated at an
earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within
( ) days of the Effective Date of this Agreement, the Department may immediately terminate this
Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a
writing executed by both Parties to this Agreement.
2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: [Public Art, ®Local Identification
Marker], as more fully described in the plans in Exhibit "A", attached and incorporated in this Agreement.
3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to
fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and
incorporated in this Agreement as Exhibit "D". The Department shall not be responsible for any costs associated with the
Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property.
However, this permissive use of the Department's right-of-way where the Project is located does not vest any property
right, title, or interest in or to the Agency for the Department's right-of-way.
4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS.
a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance
with all applicable federal, state and local statutes, rules and regulations, including the Department
standards and specifications. A professional engineer, registered in Florida, shall provide the certification
that all design and construction for the Project meets the minimum construction standards established by
the Department and applicable Florida Building Code construction standards. The Agency shall submit
all plans or related construction documents, cost estimates, project schedule, and applicable third party
agreements to the Department for review and approval prior to installation of the Project. The Agency is
responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by
17 inch sheets, together with a complete set of specifications covering all construction requirements for
the Project. A copy of the design plans shall be provided to the Department's District Design Engineer,
located at 3400 West Commercial Boulevard, Fort Lauderdale, FI 33309
. The Department will review the plans for conformance to the Department's requirements and
feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for
the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such
plans and improvements satisfies the Department's requirements, and the Department expressly
54
disclaims all other representations and warranties in connection with the plans, including, but not limited
to the integrity, suitability, or fitness for the intended purpose or whether the improvements are
constructed in accordance with the plans. The Department's review of the plans does not relieve the
Agency, its consultants or contractors of any professional or other liability for the plans. All changes
required by the Department shall be made by the Agency and final corrected plans shall be provided to
the Department within thirty (30) days.
b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for
ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts
shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall
determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility
work not required to be borne by the utility by Section 337.403, Florida Statutes.
c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic
("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard
Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making
any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of
FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from
FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require
approval by the Department prior to implementation.
d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local
agency.
e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's
Construction Project Manager, Patricia Evans , at (239) 841-3980 or from an
appointed designee.
f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way
to install the Project (see attached Exhibit "B" Special Provisions). The Parties agree that this Agreement
creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor
the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in
or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's
right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or
performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession
of the Department's right-of-way.
The Department shall have the right, but not the obligation, to perform independent assurance testing
during the course of construction and throughout the maintenance term of the Project. If the Department
determines that a condition exists which threatens the public's safety, the Department may, at its
discretion, cause the Project to cease and/or immediately have any potential hazards removed from its
right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the
safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole
cost, expense, and effort.
h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with
the approved construction documents, and that it will meet all applicable federal, state, and local standards
and that the work is performed in accord with the Terms and Conditions contained in Exhibit "C".
i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project
within the Department's right-of-way. The Agency shall notify the Department should installation be
suspended for more than five (5) working days.
Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the
installation of the Project. For all design work that originally required certification by a Professional
Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed
and sealed by the responsible professional for the project, the form of which is attached to this 55
g.
Agreement as Exhibit "E". The certification shall state that work has been completed in compliance with
the Project construction plans and specifications. If any deviations are found from the approved plans,
the certification shall include a list of all deviations along with an explanation that justifies the reason to
accept each deviation. The Agency and its contractors shall remove their presence, including, but not
limited to, all of the Agency or its contractor's/ subcontractor's/ consultant's/ subconsultant's property,
machinery, and equipment from the Department's right-of-way and shall restore those portions of the
Department's right-of-way disturbed or otherwise altered by the Project to substantially the same
condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and
expense.
k. If the Department determines that the Project is not completed in accordance with the provisions of this
Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty
(30) days from the date of receipt of the Department's written notice to complete the Project and provide
the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely
deliver the Notice of Completion, or if it is determined that the Project is not properly completed after
receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization
granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct
the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for
any resulting Toss or damage to property, including but not limited to machinery and equipment. If the
Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice
for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of
the date of the invoice.
I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the
Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage
and deterioration components. The initial defect maintenance inspection should be conducted, and any
required repairs performed during the construction phase. The instantaneous damage maintenance
inspection should be conducted sixty (60) to ninety (90) days after placement and is intended to identity
short term damage that does not develop over longer time periods. The deterioration maintenance
inspection shall be conducted on regular, longer term intervals and is intended to identify defects and
damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such
as those causing fatigues, normal or severe environmental influences, abuse or damage due to other
causes. Deterioration maintenance shall include, but is not limited to, the following services:
Inspect all sign surfaces every six (6) months for excessive deterioration; Inspect Structural Components
yearly; Inspect Sign Lighting every six (6) months; Conduct Vegetation Control quarterly; maintenance
and routine repair of structural features of the aluminum cabinets, affixed letters, and all mechanical and
electrical systems including, but not limited to, periodic touchup of all steel and aluminum surfaces,
replacement of damaged or missing cast stone travertine cladding and/or aluminum and steel members,
graffiti removal, pressure washing and electrical/mechanical periodic inspections and repairs.
m. The Agency shall, within thirty (30) days after expiration or termination of this Agreement, remove the
Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure
its obligation to remove the Project and restore the right-of-way by providing a removal and restoration
deposit, letter of credit, or performance bond in the amount of $ . The removal and
restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term
of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the
Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted
with approval from the District Maintenance Engineer for those installations with estimated
restoration/removal costs less than or equal to $2000.00.
56
District Maintenance Engineer, Date:
n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the
Department's sole discretion, and at the Agency's sole cost.
5. INDEMNITY AND INSURANCE.
a. The Agency agrees to include the following indemnification in all contracts with contractors,
subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement:
"The contractor/ subcontractor/ consultant/ subconsultant shall indemnify, defend, save and hold
harmless the State of Florida, Department of Transportation and all of its officers, agents or employees
from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or
due to any negligent act or occurrence of omission or commission of the contractor/ subcontractor/
consultant/ subconsultant, its officers, agents or employees."
b. The Agency shall carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force during the periodof this Agreement a general liability insurance policy or policies with a
company or companies authorized to do business in Florida, affording public liability insurance with
combined bodily injury limits of at least $1,000,000 per person and $5,000,000 each occurrence, and
property damage insurance of at least $100,000 each occurrence, for the services to be rendered in
accordance with this Agreement. Additionally, the Agency or its contractor/ subcontractor/
consultant/subconsultant shall cause the Department to be an additional insured party on the policy or
policies, and shall provide the Department with certificates documenting that the required insurance
coverage is in place and effective. In addition to any other forms of insurance or bonds required under
the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the
Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance
coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road
and Bridge Construction, as amended.
c. The Agency shall also carry or cause its contractor/ subcontractor/ consultant/ subconsultant to carry and
keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's
Compensation Law.
6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in
writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or,
overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the
preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices
shall be sent, unless prior written notice of change of address is given.
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
DISTRICT FOUR PROGRAM MANAGER
District Maintenance Engineer
3400 West Commercial Boulevard, Fort Lauderdale, Fl 33309
Phone: 954-486-1400
Fax: 954-777-4223
Indian River County COUNTY [OR CITY], FLORIDA
Dept of Public Works, Engineering Division
1801 27th Street
57
Vero Beach, Florida, 32960
Phone: (772) 226-1931
Fax: (772) 778-9391
7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than
thirty (30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery.
The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department
pursuant to this Paragraph 7.
8. LEGAL REQUIREMENTS.
a. This Agreement is executed and entered into in the State of Florida and will be construed, performed,
and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations.
Any and all litigation arising under this Agreement shall be brought in a state court of appropriate
jurisdiction in Leon County, Florida, applying Florida law.
b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the
Agreement will remain in full force and effect and such term or provision will be deemed stricken.
c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this
Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the Department.
d The Agency and the Department agree that the Agency, its employees, contractors, subcontractors,
consultants, and subconsultants are not agents of the Department as a result of this Agreement.
e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right-
of-way.
9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section
287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a
period of thirty six (36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall
not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the
term of this Agreement may result in the termination of this Agreement.
10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by
any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for
termination of this Agreement.
11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief,
disability, national origin, or sex. The Agency shall provide a harassment -free workplace, with any allegation of
harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts
and subcontracts for services by this Agreement.
12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Nftion
287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees
that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list
during the term of this Agreement may result in the termination of this Agreement.
13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs.
14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement.
15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy
accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or
remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar
breach or default.
16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed
by both Parties to this Agreement.
17. NON -ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties,
or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or
transfer occurring without the required prior written approval of the Department will be null and void. The Department will
at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental
agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves
transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in
connection with this Agreement.
18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and
their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits,
obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement.
19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any
party because that party or that party's legal representative drafted the provision.
20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a
part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or
obligations other than those contained in this Agreement. This Agreement supersedes all previous communication,
representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless
reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or
his/her delegate.
21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals.
The remainder of this page is intentionally left blank.
59
Section No. 88010 CAFA No. 2020 M 490 00002
AGENCY
Indian River County
By:
Print Name: Susan Adams
Title: Chairman
As approved by the Council, Board, or
Commission on:
Attest:
Legal Review:
City or County Attorney
DEPARTMENT
State of Florida, Department of Transportation
By:
Print Name: Steve C. Braun, P.E.
Title: Director of Development
Date:
Legal Review:
60
Section No. 88010 CAFA No. 2020 M 490 00002
EXHIBIT "A"
PROJECT DESCRIPTION
SCOPE OF SERVICES
Indian River County intends to construct County Welcome Signs in the County's west corridor within the FDOT right of
way. This location is Central County West and is proposed to be within the existing median of SR60 east of 90th Avenue in
Vero Beach.
II. PROJECT PLANS
The Agency is authorized to install the Project in accordance with the attached plans prepared by Aaron Stanton
P.E./R.L.A./Architect and dated 3/27/2020 . Any revisions to these plans must be approved by the Department in
writing.
61
Section No. 88010 CAFA No. 2020 M 490 00002
EXHIBIT "B"
SPECIAL PROVISIONS
During construction, highest priority should be given to ensure pedestrian safety. If permission is granted to
temporarily close a sidewalk, it should be done with the express condition that an alternate route will be
provided, and shall continuously maintain pedestrian features to meet Americans with Disability Act (ADA)
standards.
• A copy of this permit and plan will be on the job site at all times during the construction of this facility.
62
Section No. 88010 CAFA No. 2020 M 490 00002
EXHIBIT "C"
TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT
• All maintenance of traffic (MOT) will be in accordance with the Department's current edition of the Design Standards,
(102-600 series). The Operations Engineer or his designee reserves the right to direct the removal/relocation/modification
of any traffic device(s) at the Permittee's sole expense.
63
See attached
Section No. 88010 CAFA No. 2020 M 490 00002
EXHIBIT "D"
AGENCY RESOLUTION
64
Section No. 88010 CAFA No. 2020 M 490 00002
EXHIBIT "E"
NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S
CERTIFICATE OF COMPLIANCE
NOTICE OF COMPLETION
COMMUNITY AESTHETIC FEATURE AGREEMENT
Between
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
and Indian River County
PROJECT DESCRIPTION:
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides
notification that the work authorized by this Agreement is complete as of , 20
By:
Name:
Title:
RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE
In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies
that all work which originally required certification by a Professional Engineer has been completed in compliance with the
Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all
deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this
Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans
certified by the Engineer of Record.
SEAL:
By:
Name:
Date:
65
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN'S EXECUTION OF COMMUNITY AESTHETIC FEATURE AGREEMENTS WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THREE (3) WELCOME SIGNS
AT THE ENTRANCES TO INDIAN RIVER COUNTY ON SOUTH U.S. HIGHWAY 1, NORTH U.S. HIGHWAY 1 AND
WEST ON STATE ROAD 60.
WHEREAS, Indian River County (County) has designed, engineered and is prepared to construct
decorative signs welcoming travelers to Indian River County; and
WHEREAS, three of the signs will be located on Florida Department of Transportation (FDOT) rights-
of-way: one on north bound U.S. Highway 1 right-of-way near the St. Lucie County line, one on south bound
U.S. Highway 1 right-of-way near the Brevard County line and one on east bound State Road 60 right-of-
way near the 1-95 Interchange; and
WHEREAS, the FDOT has requested the Indian River County Board of County Commissioners
(Board) to execute and deliver Community Aesthetic Feature Agreements to the FDOT for the
aforementioned project(s);
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and
deliver to the State of Florida, Department of Transportation, Community Aesthetic Feature Agreements for
the aforementioned project(s).
The foregoing resolution was offered by Commissioner who moved its adoption.
The motion was seconded by Commissioner and, upon being put to a vote, the vote was
as follows:
Chairman Susan Adams
Vice -Chairman Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared the resolution passed and adopted this day of
, 2020.
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Susan Adams, Chairman
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
William K. DeBraal, Deputy County Attorney
66
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
TO: Jason E. Brown, County Administrator
FROM: Richard B. Szpyrka, P.E., Public Works Director
SUBJECT: Florida Department of Transportation (FDOT) Highway Maintenance
Memorandum of Agreement for County Road 612 (8th Street) from west of 74th
Avenue to east of Lateral Canal C (IRC -1822)
Financial Project No. 437717-1-52--01
DATE: April 21, 2020
DESCRIPTION AND CONDITIONS
On April 17, 2018, the Board of County Commissioners approved Resolution 2018-039 supporting the Florida
Department of Transportation (FDOT) to manage, construct, and deliver'a bridge over the Indian River Farms
Water Control District Lateral C Canal at the intersection of 8th Street and 74th Avenue. The FDOT requires
that the local agency governing board approve a resolution accepting the attached Highway Maintenance
Memorandum of Agreement (HMMOA) outlining conditions for the acceptance and maintenance of
properties acquired for the project before and during construction of the project. The use of State funding
for the maintenance of the acquired property before and during construction is not allowable for off -system
projects. The resolution endorses FDOT's delivery of the project that is within the local agency's right of way
or local jurisdiction.
The County will be responsible for the maintenance of the existing roadway and any property owned by the
County until FDOT begins construction of the project. Once construction begins, the County shall continue to
be responsible for mowing and litter removal during the duration of the project.
The attached HMMOA is for the FDOT project at CR-612/8th Street from west of 74th Avenue to east of Lateral
C Canal, which includes Typical Section, Signing and Pavement Markings, Drainage, Permits and the
replacement of Bridge 884024 over the Lateral C Canal.
FUNDING
Maintenance expenses of the acquired properties will be included in the Public Works Road and Bridge
budget.
RECOMMENDATION
Staff recommends the Board of County Commissioners approve the Authorizing Resolution for acceptance of
the Highway Maintenance Memorandum of Agreement and authorize the Chairman to execute the same.
ATTACHMENTS
Authorizing Resolution
Memorandum of Agreement
AGENDA ITEM FOR MAY 5, 2020
67
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN'S EXECUTION OF A HIGHWAY MAINTENANCE MEMORANDUM OF
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A BRIDGE
OVER LATERAL "C" CANAL ON COUNTY ROAD 612 WEST OF 74TH AVENUE.
WHEREAS, the replacement and construction of a bridge over Lateral "C" Canal on County Road
612 (also known as 8th Street), just west of 74th Avenue (Project) is an Indian River County (Agency)
priority project; and
WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding
Provisions, the Florida Department of Transportation (Department) is authorized to undertake projects
within the Agency's geographical limits and the Agency agrees to have this improvement constructed; and
WHEREAS, the Department has requested the Indian River County Board of County Commissioners
(Board) to execute and deliver to the Department a Highway Maintenance Memorandum of Agreement for
the aforementioned Project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and
deliver to the. State of Florida, Department of Transportation, a Highway Maintenance Memorandum of
Agreement for the aforementioned project.
The foregoing resolution was offered by Commissioner who moved its adoption.
The motion was seconded by Commissioner and, upon being put to a vote, the vote was
as follows:
Chairman Susan Adams
Vice -Chairman Joseph E. Flescher
Commissioner Peter D. O'Bryan
Commissioner Bob Solari
Commissioner Tim Zorc
The Chairman thereupon declared the resolution passed and adopted this day of
2020.
BOARD OF COUNTY COMMISSSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By
Susan Adams, Chairman
Attest: Jeffrey R. Smith, Clerk of Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency:
William K. DeBraal, Deputy County Attorney
68
SECTION No.: 88000432
FM No.: 437717-1-52-01
AGENCY: Indian River County
C.R. No.: 612
DISTRICT FOUR
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, entered into this day of , 20__, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the DEPARTMENT and Indian River county, a political subdivision of the State of
Florida, or a municipal corporation existing under the Laws of Florida, hereinafter called the AGENCY
collectively referred to as Parties.
WITNESSETH:
WHEREAS, the AGENCY has jurisdiction over CR 612/8 Street, as part of the County roadway
system from west of 74th Ave to east of Lateral Canal C; and
WHEREAS, pursuant to Sections 339.07, 339.08 and 339.12, Florida Statutes and Federal funding
provisions the DEPARTMENT is authorized to undertake projects within the AGENCY's geographical
limits and the AGENCY agrees to have this improvement constructed; and
WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement with the AGENCY to
maintain the project; and
WHEREAS, pursuant to such authority, the DEPARTMENT and the AGENCY agrees to have the
DEPARTMENT construct certain improvements more particularly described as Financial Project ID
437717-1, which involves the replacement of Bridge 884024 over the Lateral Canal C; hereinafter
referred to as the "Project", as more particularly described in Exhibit A; and
WHEREAS, the DEPARTMENT may not spend state funds for off -system projects; and
WHEREAS, upon acquisition of the necessary right-of-way, if needed, the DEPARTMENT will
proceed to construct the Project; and
WHEREAS, the Parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY by Resolution on the day of , 20_, a copy
of which is attached hereto and by this reference made a part hereof, desires to enter into this
Agreement and authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the
Parties covenant and agree as follows:
-1- 69
1. The recitals set forth above are true and correct and are deemed incorporated herein.
2. The DEPARTMENT has undertaken and obtained the approval of Federal participation for the
Project. The AGENCY is responsible for additional Project costs determined to be Federal Aid
Non -Participating.
3. The AGENCY shall allow the DEPARTMENT and its contractors to enter onto the existing AGENCY
property. No further permit or agreement from the Agency shall be required to construct this
Project.
4. The AGENCY shall continue to maintain the existing roadway and any property owned by
AGENCY until the DEPARTMENT begins construction of the Project. The AGENCY shall continue
to be responsible for mowing and litter removal during the duration of the Project.
5. Upon "final acceptance" by the DEPARTMENT of the Project, (as "final acceptance" is described
in the Standard Specifications for Roadway and Bridge Construction dated 2019, as amended),
and Notice thereof to the AGENCY, the AGENCY shall maintain the Project, at its own cost, in
accordance with the following Federally and State accepted standards: (a) FDOT Design Manual
(FDM), current edition (b) Florida Green Book dated 2016, as amended (c) Governing standards
and specifications: FDOT Design Standards dated FY 2019-20, as amended (d) Standard
Specifications for Roadway and Bridge Construction dated 2019, as amended by contract
documents, and (e) Manual on Uniform Traffic Control Devices (MUTCD), current edition, or as
amended. Maintenance of said Project includes maintaining the proposed bridge, pavement,
drainage structures, storm water management systems, signs and pavement markings. The
Department shall give the AGENCY ten (10) days' notice before final acceptance.
a. The AGENCY grants to the DEPARTMENT all rights necessary to enter and
construct the Project.
6. No additional right of way is required for the PROJECT. The PROJECT can be completed within
the AGENCY's existing right of way.
7. Warranties: The DEPARTMENT shall transfer any applicable warranties to the AGENCY.
8. Environmental permitting: If requested by the DEPARTMENT, the AGENCY shall sign as a joint
applicant and be responsible for the permits related to the Project. Further the AGENCY shall be
in compliance with all permits after the construction is complete and the right of way is
transferred to the AGENCY. To the extent permitted by law, the AGENCY shall indemnify the
DEPARTMENT for any violations by the AGENCY of any permits issued to the Department or
jointly to the AGENCY and the DEPARTMENT after construction is complete. The AGENCY shall
execute all documentation required by the permitting agencies in a timely manner to accept
transfer of the Project. For various occupancy permits the AGENCY shall be the applicant.
-2- 70
9. Utilities: The AGENCY shall cooperate with the DEPARTMENT, to the extent necessary, to
accomplish utility relocations for this Project. This shall include, but not be limited to, entering
into utility subordination agreements with the affected utility owners, thereby assuming liability
for future utility relocations within the AGENCY right of way and proposed right of way. The
AGENCY shall comply with any and all request of the DEPARTMENT to provide written notice to
utility owner to initiate work necessary to alleviate interference at its own expense; to remove
or relocate non-compliant utilities; and to place liens upon non-compliant utility owners within
the AGENCY right of way, as defined in Florida Statues 337.403 and 337.404. The AGENCY shall
be liable and reimburse the DEPARTMENT for any cost incurred by the DEPARTMENT for the
AGENCY's failure to comply with said request.
a. AGENCY'S Utilities: The AGENCY shall relocate and adjust its own utilities including
connection with utility customers.
10. Unforeseen issues: If unforeseen issues shall arise, the AGENCY shall cooperate with the
DEPARTMENT to the extent necessary to construct the Project. This shall include but not be
limited to the execution of documents; allowing the Department and/or their
contractors/consultants to enter upon the real property owned, leased, possessed and/or
controlled by the Agency upon which the Project is to be constructed or any property adjacent
thereto.
11. E -verify requirements: The AGENCY:
• shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the
employment eligibility of all new employees hired by the AGENCY during the term of the
contract; and
• shall expressly require any contractors performing work or providing services pursuant
to the state contract to likewise utilize the U.S. Department of Homeland Security's E -
Verify system to verify the employment eligibility of all new employees hired by the
contractor during the contract term.
12. This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings as represented in the Final Proposed Construction plans.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any
prior representation or agreements whether oral or written.
13. This Agreement shall be governed, interpreted and construed according to the laws of the State
of Florida.
14. LIST OF EXHIBITS
• Exhibit A: Project Scope
-3- 71
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year provided
below.
ATTEST:
AGENCY
INDIAN RIVER COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By:
day of , 20
Approved as to form by Office of County Attorney
By:
DEPARTMENT
ATTEST: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
Executive Secretary Transportation Development Director
(SEAL)
day of , 20
Approval:
Office of the General Counsel (Date)
-4- 72
SECTION No.: 88000432
FM No.: 437717-1-52-01
AGENCY: Indian River County
C.R. No.: 612
EXHIBIT A
PROJECT SCOPE
All of the improvements are to be completed by DEPARTMENT within the AGENCY's existing right-of-
way.
Typical Section:
• The proposed bridge typical section consists of two 12 -foot through lanes, and two 8 -foot
shoulders with concrete barrier walls.
• The proposed roadway typical section consists of two 12 -foot through lanes, two 8 -foot shoulders
(5 -foot paved); and guardrail on the south side where necessary.
• The sub -lateral C-1 and B -3-W canals will be piped.
Signing and Pavement Markings:
• Remove and replace existing roadway signs. Install new signing and pavement marking as
required.
Drainage:
• Install pipe culvert parallel to the eastbound CR 612.
• Replace the existing 96 -inch diameter corrugated metal pipe.
• Regrade the existing swales.
• Add drainage structures and perforated pipe to accommodate the increase in impervious area
and convey to the canal.
• Armor the canal embankments a minimum of 25 feet on both sides of the bridge.
Permits:
• The FDOT will acquire in the AGENCY's name.
Structures:
• Replace the existing Bridge (884024).
-5- 73
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
CONSENT
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka P.E., Public Works DirectorH4'/W
FROM: Keith McCull , P.E., Stormwater En ineer
Y g
SUBJECT: Approval of Change Order No. 1 to Work Order No. GKE 1 with GK Environmental, Inc. for
Environmental Permitting, Gopher Tortoise Surveys, Gopher Tortoise Relocation Services, and
Landscaping Design Assistance Services for the North Relief Canal Moorhen Marsh Leaps
Project
DATE: April 27 2020
DESCRIPTION AND CONDITIONS
On May 21, 2019, the County entered into Work Order No. GKE 1 with GK Environmental, Inca to perform
environmental services for design of a new regional stormwater treatment system (Moorhen Marsh), intended to
remove pollutants from Indian River Farms Water Control District's North Relief Canal. Some of these services
have been performed, including an initial gopher tortoise survey. A new in-depth gopher tortoise survey is
necessary to meet state requirements that the survey be performed within 90 days of land clearing. The new
survey will locate and identify all gopher tortoise burrows and present recommendations regarding permanent or
temporary relocation of all gopher tortoises found prior to construction for a cost of $2,675. The Change Order
also deducts $2,240 for Task 3 of Work Order GKE 1— Landscape Meetings and Design Assistance as this task is
no longer necessary. The net contract increase for the Change Order is $435:00.
FUNDING
Funding is available from Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-
066510-16018.
RECOMMENDATION
Staff recommends the Board Approve Change Order No. 1 to Work Order No. GKE 1 executed by GK
Environmental, Inc., and authorize the Chairman to execute it on behalf of the County.
ATTACHMENTS
Change Order No. 1 to Work Order No. GKE 1
DISTRIBUTION
Jennifer Hyde, Purchasing Division
Kristin Daniels, Budget Department
William K. DeBraal, Deputy County Attorney
APPROVED AGENDA ITEM FOR May 5, 2020
74
Change Order 1 to Work Order GKE 1
DATE OF ISSUANCE: EFFECTIVE DATE:
Owner: INDIAN RIVER COUNTY
Contractor: GK ENVIRONMENTAL, INC.
Project: NORTH RELIEF CANAL MOORHEN MARSH LEAPSTM - WORK ORDER NO. GKE 1
You are directed to make the following changes in Work Order No. GKE 1, dated May 21, 2019:
Description: (1) Due to the lapse of time since the original gopher tortoise survey on the
Moorhen Marsh site and in preparation of clearing the property during construction, perform an
in-depth gopher tortoise survey to identify any gopher tortoises present and present
recommendations regarding permanent or temporary relocation of all gopher tortoises found.
(2) Delete Task 3 of Work Order GKE 1 — Landscape Meetings and Design Assistance.
Reason for Change Order: (1) New Gopher Tortoise Survey: The length of time (over one year)
that has elapsed since the initial gopher tortoise survey warrants a new survey in order to
provide accurate results and to meet state requirements for the survey to be performed within
90 days of land clearing ($2,675 increase). (2) Work Order GKE 1, Task 3: This work was
performed by County staff and others ($2,240 deduct).
Attachments: See attached proposal from GK Environmental, Inc.
CHANGE IN WORK ORDER PRICE:
Description
Amount
Original Work Order Price
$12,380
Net Increase (Decrease) from
previous Change Orders:
$0
Work Order prior to this
Change Order:
$12,380
Net increase {Decrease)
$435
of
this Change Order:
Contract. Price with all
approved Change Orders:
$12,815
ACCEPTED:
By:
CONTRACTOR (Signature)
Date:
CHANGE IN CONTRACT TIMES
THIS SECTION
IS NOT
APPLICABLE
Description
Time
Original Contract Time:
inal-Completion :
(days or dates)
Orders No. to
Final Completion:
OaYs)
Contract Time prior to this Change
Order:
€nal -Completion :
{days or dates)
Change Order:
€mal -Completion :
{days or dates)
Change Orders:
—final—Completion;
{days or dates)
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By:
OWNER (Signature)
Date:
75
Emergency Addition
County Administrator's Matters
May 5, 2020
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: May 4, 2020
SUBJECT: Coronavirus Update
I wish to provide an update on the status of the Coronavirus.
05/05/2020 11.A.
COVID-19 Update
May 5, 2020
r
Recent Trends
— State of
Florida
Florida's COVID-19 Data and Surveillance Dashboard
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Total Cases
36,897
CumAatM
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Positive Residents
35,969
Death;
6,119 1,399
!Inv Cays of a.n.denu try Day
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tfih
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Recent Trends
— State of
Florida
Recent Trends
— State of
Florida
1.5k
D
Recent Data for Florida Residents (Lan 30 Days):
New Cases of Residents by Day
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Ap 6 4/13 4/20 4/27
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Total People Tested -44
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05/05/2020 11.A.
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RecentTrends
— State of
Florida
RecentTrends
— Indian River
County
UM Florida's COVID49 Data and Surveillance Dashboard
ennnel
Florida Health Metrics
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Cases by Gender
Male: 49
Female: 38
Median Age
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05/05/2020 !11.A.
Positive Residents
87
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8
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est:
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hf
05/05/2020 !11.A.
Recent Trends
— Indian River
County
RIFlorida's COVID. i9 Data and Surveillance Dashboard
Total People Tested 7'
2,026
Negative
1,878
L
ill
Recent Trends
—Indian River
County
Florida's COVID-19 Data and Surveillance Dashboard
i M1w.>. Pn,„c re'�kJ.. q:wen otRvr+.Cmud r.rw._, h, +rn
Florida Health Metria
ra..o:,l•herf .:..w.• ra,.•
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4,1
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05/05/2020 11.A.
Recent Trends
— Indian River
County
CoronaNrua: summary for Indian River County
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RecentTrends
—Indian River
County
Emergency department (ED) chief complaint and admission data for Indian River County
Dairy percent of ED visits mentioning cough, fever, or shortness of breath
14%
12%
10%
8%
6%
4%
2%
INS
\�'y
M1 M1
Date
Daily percent of EO visits resulting in cough -associated admissions
05/05/2020 :11.A.
RecentTrends
—Indian River
County
' tebortttoty testlna fit 7kmMa restdentM er�non :oAaa rcsldenta over the past 2 weeks -_- - - _.
Number and percent of peretthe lobm _. _... .. _. _ .. _..._
these comas embdotho numb:,ofpag4e fa wt.:m tra derctnenf rtzane0bhaY,py remits to day. TWsperoer1 is the nube+ at peopleern tt'Y p WShre Itet crest
We derided Of al the pt441" testtd that day. er4Adngpeeple wtahave 0.1.400*tazxl ppsttee.
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41 N0tnherd
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5/2
President Franklin Delano Roosevelt
r -
Indian River
County —
Social
Distancing
05/05/2020 11.A.
Transition Plan
for Reopening
Indian River
County
• Structured following White House Guidelines for
Opening Up America Again
• In accordance with Governor's Plan for Florida's
Recovery. Safe. Smart. Step -by -Step.
• Governor -s EO 20-112 — Phase 1 began May 4th
• C 0 Atr11148!IA/11141A gAte trtk Ill IF4U 'mY"
Guidelines
President Franklin Delano Roosevelt
Transition Plan
for Reopening
Indian River
County
• County Beaches — opened Tuesday, April 28th with
Use Restrictions
• May 5th ® 7:0o am opened without restrictions
Coordination with - City of Vero & Town of IR Shores
Sandridge Golf Course —Opened May 1St - Social
Distancing
OutdoorTennis & Pickleball Courts — Opened May 1st
(sin�lecemberpla7,1941 a "date which will live in infamy"
Libraries — book hold & pickup opened May 15t (Main
& North CourRrAsident Franklin Delano Roosevelt
Shooting Range —to open May 8th with Social
Distancing
r
05/05/2020 111.A.
Indian River
County Actions
and Updates
• EIC open 8:oo -5:0o pm Monday — Friday
• County website ®
https://www.ircgov.com/coronavirus.htm
• Facebook, Twitter, Instagram, Nextdoor
• Ee6we�irpht- s4Na aiertinaa`nr"iver.comio'`et
IRCCOVID1A tO 88 rranklin Delano Roosevelt
COVID-19
Presentation
Thank you!
First Responders
County Employees
Commissioners
Healthcare Workers
Displaced Workers
All County Residents
05/05/2020
COVID-ig
Presentation.
11.A.
13.A.
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: April 20, 2020
SUBJECT: Children's Services Dedicated Millage
BACKGROUND.
On January 14, 2020, the Indian River County Board of County Commissioners ("Board') voted to schedule a
workshop concerning a referendum to establish a dedicated millage for children's services. On February 25,
2020, the Board conducted the workshop and provided guidance to the County Attorney on various issues
pertaining to the dedicated millage, including the proposed millage rate, sunset date, millage phase-in,
children's services advisory committee membership, executive director position and staffing, and the use of
dedicated millage funds.
After the workshop, the County Attorney's Office began drafting the proposed ordinance, which called for the
referendum and established a new chapter of the Indian River County Code of Ordinances pertaining to the
dedicated millage and the other issues noted above. In March, Indian River County, the State of Florida and
the entire country began to address the impacts of COVID-19. As the pandemic continues, it is clear that the
public health and economic impacts of COVID-19 are widespread and dramatic. Thus, in coordination with
the representatives supporting thereferendum concerning children's services to be placed on the November
2020 ballot, the County Attorney's Office is recommending that the Board defer placing the matter on the
November 2020 ballot. The County Attorney's Office will instead bring the matter and a draft ordinance back
to the Board in 2021 for consideration of placing the matter on the November 2022 ballot.
FUNDING.
There is no funding associated with this matter.
RECOMMENDATION.
The County Attorney's Office recommends the Board defer placing the matter on the November 2020 ballot.
ATTACHMENT.
Letter from Lisa Kahle, dated April 17, 2020.
76
April 17, 2020
Dylan Reingold
County Attorney
Indian River County
1801 27' Street
Vero Beach, FL 32960
Re: Children's Trust of Indian River County
Dear Dylan,
I am writing on behalf of the Children's Trust Exploratory Committee to support your
recommendation that the Board defer consideration of a referendum for the Children's Trust of
Indian River County. The world has changed dramatically since the February 25th workshop
and we agree that the highest priority for our county right now is addressing the immediate
impacts of COVID-19.
We take heart in the great progress that has been achieved by working together as a community
over the past several months. We are deeply grateful for the engagement and work of our
community leaders and stakeholders. We are also profoundly appreciative of the time and.
attention our county commissioners and county staff have dedicated to this important
initiative. Because of these combined efforts, a viable solution to the identified community need
for adequate and sustainable funding for children's services is within reach.
We believe that a Children's Trust will be all the more relevant and necessary as we move
through this crisis, plan for our future, and invest in a strong and healthy community. The
foundation is in place for us to continue this conversation in a meaningful way at the appropriate
time. For so many reasons, we look forward to that day.
Gratefully,
Lisa Kahle, Facilitator
Children's Trust Exploratory Committee •
77
13,B.1
Office of Attorney's Matters 05/05/2020
INDIAN RIVER COUNTY
ATTORNEY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan Prado, Assistant County Attorney
TO: Board of County Commissioners
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: William K. DeBraal, Deputy County Attorney
DATE: April 29, 2020
SUBJECT: Approval of Agreement to Purchase and Sell with Gene Perry and
the Estate of Helen Johnson for 45th Street/US Highway 1
Intersection Improvements
The County has plans to improve the US Highway 1 - 45th Street intersection to include
an east bound right turn/through lane with a dedicated left turn lane. The boundaries of
the project extend westward on 45th Street approximately 300 feet west of the railroad
tracks and provide for an east bound right turn lane onto Old Dixie Highway and an east
bound left turn/through lane. Gene Perry and the Estate of Helen Johnson own the parcel
of property on the northeast corner of Old Dixie Highway and 45th Street as shown below
as Figure 1.
Figure 1. Aerial view of Gene Perry's Property
78
Perry/Johnson 45th Street/US 1
April 29, 2020
Page 12
The property is 0.74 acres in size and is zoned IL, light industrial. Improvements to the
property include a 720 sq. ft. single family, wood frame home with two porches, one on
the front of the house and the other on the back.
In order to complete the improvement project, the County must acquire a 301 sq. ft. corner
clip (0.007 acres) from Mr.. Perry and the Estate. The parcel needed is a 39.81' by 25' by
25' triangular shaped parcel on the southwest corner of the property. The part taken is
unimproved with no landscaping and will be used for a mast arm signal. The sketch and
legal description are shown below as Figures 2 and 3.
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
Surveyor's Notes
9 TNaaketh and Legal Dn7igimrmw prepared with she tenet ata Towers* Su. y
(Pra!e5 Na 1355) prepared by Indian RNef County Pesonnel ones mo of 71Z310.
2) Thb *gal desert:gen shall not be veld unless:
(A) Paneled in its enfrety consisting of 2 sheets, nab sheet2 showing the
sketch ofthe legal deserip5on•.
. (B) Reproductions of the desa*tian and sketch are signed and semen edit
an embossed surveyors seal
3) Seehga sheen hereon are 15411110:1011 the Florida Stale Plane Coo.'d me
System. se refinanced to the Neat American Datum (NAD) 1983 aGestmenl
d2011, Florida EastZone. end re further referenced to tin South lase at
SeoOon 23 Township 32 South, Range 39 East saki One beam South 89'48'13 East
. - Legal Description
tieing a Parcel of lend We M Section 23,Tewcship 32 South, Range 39
East, sold parcel also being a portion of a Tract of land as remNed In Official
Record Boric 754, Page 2321 of the PWIb Records d Indian Other County,
Florida, snld parcel Wag more particularly delated as fences: .
Commence al the Intersection dee Centerline of Right -of -Way of Ob Oh*
Highway as shown on the OW ONB Highway Right -of -Way Map. per Plot
Book 24, Page 81, dine pub8o month of Wan River County, Reside, with
the South gni ofSection 23, Towns)* 32 South, Range 39 East Thence
South 89'4813° East ebrip the saki Small bre of Section 23, a distance of
52.31 feet Throne departing saki South aro. North 00'13'47' East, a
distance of 25.00 !eel to a point en the NCth Right -of -Way One d 45th Sheet
(being a 50 foot wide RIghtoSWay) es recorded m Official Retard Book 120,
Page 573, Public Rewrda of Indian River County, Florida, said point being
the Pd0of Beginning;
Thenen Wath 89'48'13' West along said North Right,-8FWay Ore (sad
Rightof-Way being 25.00 fed North d end parade! with as measured at right
angles to the South arta of saki Section 23) a distanced 25.00 feet to the
East R1ghtof-Wey bred OW Dhde Highway (being a 86 /wield.
Right -of -Way) as shown In Plat Hook 24, Page 91 of said Public Records;
Thence North 10'1855' West, along said East Right -of -Way line a distance
of 8.45 twit: the 9egbnlcg et a tangent curve concave to the Southwest
having a radius of 5782.55 feet Thence Nathwastmly along the are Ofseid
curve and said East RlghhoNNay lino through a central angle of 00'0452', a
distance of 18.55 feet Thence dapertrg saki East FdgMof-Wsy ane, South
82'3242' East a distanced 39.81 feet to the said North Rightot-Way tine
of said 45th Street and the Pohl of Beginning.
Containing 301 89uafe feet mare or:tess
Legend and Abbreviations
RAN= RIGHT OF WAY
SEC = SECTION -TOWNSHIP -RANGE
D = CENTRAL ANGLE
P.S.S. = ST. LUCIE COUNTY PLAT HOOK
PID. = PARC& IDENTIFICATION
P.O.B.= PONT OF BEGINNING
P.O.C. = POINT OF COMMENCEMENT
P.T. = POINT OF TANGENT
TWP=TOWNSHIP
COR = CORNER
Co. • COMPANY .
ESh1T = EASEMENT
1.R.F.W.C.D. = INDIAN RIVER FARfdS
WATER CONTROL DISTRICT
O.R.B. = OFFICIAL RECORDS 800K
MAO= MAGNETIC
80108 PROPERTY
REM = PROFESSIONAL SURVEYOR
AND MAPPER
R = RADIUS
ROE" RANGE
Certification
(Not sand without the signature and original
raised seat of 8 Florida licensed Surveyor and Mapper)
I hereby certify thattha Sketch and Legal Dessrlp9oe ofthe pro'pel/sheen and
deserted hereon was comp**d under my direction andsaN Sketh acid Legal is
true and cooed to the best dmy know*da°coq brief: ;
I hinder :Natty that the Sketch end Description meets tM-Fc4kan<s4• e l
Hand. %fersurveys set forth by the Florida PrefessIra!Board ofSolobyas end
Mappers in chapter 5J'17.052 Florida AdmIni 98338 88d), ponchos, to s0Cb)n;
472.02727 Florida Slate Status. ?
"' BcONbat. Snook
Data of Signature
Prdasn1nat,Se8cyo* and Mapper
- _ Fbr00 CeiCM8 O hie. 49139
LMS ORAVAKi00Ea NOT RBPESMTA!M908009&MSC!
m.FAREUFMw0Aw0WVErt 00M07V FKGr493.500MAIMNI.
19A11 IMO COUNTY Af 398998A1e4 0Vt04C
ism 27th 50727
WAC BALM n. 32959
(722) 867-8000
/N01.4N RIVER COUNTY
Deogr/menl pf Pub/(e Works
Engineer/n Division
09508 PRgrcm5\,555-45th 5t_u51
F:\Pub. 0010 NatIEE03G
R. /NCLETT
SECTION 23
D 5/104,
Left 4om tuna 5m=y\I
TOWNSHIP 32
RANGE 39
Figure 2. Legal description of the right-of-way parcel.
SAETCN OF DESCR/P770N
FOR
PERRY PARCEL
2
ill 5[1.151 left hum Loon 1355-45. 5: ma OWo run: Lem= alt Skt-3¢009
79
Perry/Johnson 45th Street/US 1
April 29, 2020
Page 13
LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION
32-39-23-00000-5000-00014.0
PERRT, GENE (1/2) a.
0148. 754. PC 2321
`RS
e JyJ�,� POINT OF
K}a p.C.
89.46 25.00' • '�, 25.00'
3
T i�8 32313E
tv..„
�1a
1 ��r!
R'
1
32-39-23-00000-5000-000160
ADP OF DELAWARE NC.
0&& HST. PC 15
18314T -13F -CAT 1201
TN 6IPIT-6-MAT 010E
N0013'47"E
25.00'
45TH STREET
ga (NORTH GIFFORD ROAD)
SWM 259 SECTION 25 T. 32 5. RTL 30 E.
111
_id4.
NORTH UNE SEORON 20. T. 32 i RCE 39 L
589,1813i (OEAR010 CASE)
POINT OF • MEN
NTERSECDON OF CENTERLINE OF
RIGHT-OF-WAY OW D7XIE HIGHWAY AND
a NORTH LINE SECTION 26,- T32S, RCE39E
w7,l3.
LVPAN RIVER W.N1T AUCLSN41Id 99.0015
- tan STM STREET
VERO MACK M1 31950
(712) 592-3030
0-01-8.41' LPC
01311=6 -NAT LASE
32-39-28-00000.3000-000030
QUALITY PRAT PACKERS W INC
CR$ 993. PC 2384
NOT PLATED (18990Y20)
Legend and Abbreviations
COR • CORNER
CO. • COMPANY
ESMT • EASEMENT
LLC. • LIMITED UABILTTY COMPANY
L • ARC LENGTH
0.0.8. • OFFICIAL RECORDS BOOK
MAO • MAGNETIC
P.B. • PLAT BOOK
P.C. • POINT OF CURVATURE
P.ID. • PARCEL IDENTIFICATION
P.O.B. • POINT 06 BEGINNING
P.O.C. • POINT OF COMMENCEMENT
P.T. • POINT OF TANGENT
PROP • PROPERTY
P.B.M. • PROFESSIONAL SURVEYOR
ANO MAPPER
R a RADIUS
ROE • RANGE
RAN • RIGHT OF WAY
SEC • SECTION -TOWNSHIP -RANGE
0• CENTRAL ANGLE .
TWP• TOWNSHIP
GRAPHIC SCALE
40 0 40 80
• (• Tff PEST )
Intended display scale:
1 Inch a 40 feet
MS CRAMS 0TE8'MO, REPREVE4TA 9WNAIJIY SURVEY
PREPARED FOR 943944 MLR 1:091PV EXONEER9I30EPARTDENT
NOUN RAO? COUNTY q tr
SECTION 23
D•�.�n�,/ or P� er( W,,*s TOWNSHIP 32
Engine n iv eon 0. 52oN .RANGE 39
P;\Wnk At.N:lOPEFRINO 01930N PROJECTS ALNSI 4441 Nn LPna\sm» kIS9 - 51A 5(.1151
Figure 3. Sketch of Right-of-way parcel.
SKETCH OF DESCRIPTION
FDR
PERRY PARCEL
lvw\t15S-45(K 5l end Caws RE Cu1
2
)af Urn at -LO -e•
In order to arrive at a value for the property, the County obtained an appraisal from
Armfield and Wagner. The initial appraisal report established a value of the whole 0.74
acre parcel of $225,400, with the part to be taken valued at $2,100. The appraisal did
not include damages to the remainder parcel (severance). The County extended an offer
to purchase to Mr. Perry and the Estate. An updated appraisal came in slightly higher at
$245,500 for the whole parcel and $2,300 for the right-of-way needed.
After the offer was conveyed, staff was contacted by the firm of Neill Griffin from Ft.
Pierce, the attorneys representing Mr. Perry. Staff learned that Helen Johnson had
passed away and lived in Texas at the time of her death. This meant that her Estate
would have to be probated in the State where she was domiciled at the date of her death.
Probate of her Estate was necessary so the County could receive clear title to the needed
right-of-way.
The Personal Representative of the Estate, Kenneth Johnson, was represented by
Charles Holloman of Tampa, Florida. Mr. Perry and Mr. Johnson, through their attorneys,
offered to sell the right of way for $5,500 to be divided equally between the parties. The
80
Perry/Johnson 45th Street/US 1
April 29, 2020
Page I4
co-owners incurred appraisal costs of $6,605.00 and engineering costs of $1,950.00 in
engineering fees. Due to the size of the parcel and its rather low value, Florida Statutes
allows for an attorney to charge an hourly fee for his work rather than the usual
percentage of the benefit derived for the client. Mr. Neill is seeking $13,650 in fees and
costs based on 40.3 hours of work performed by himself and his associate, Mr. Osking.
The attorney's fees have been reduced by almost $5,000. Mr. Holloman is asking for
$3,750 for his 12.5 hours of time spent representing the Estate. The Agreement for
Purchase and Sale of Real Estate is attached to this memorandum as Exhibit A. The
total cost of this acquisition to the County is $31,455. Continued negotiation of this matter
is not recommended by the County Attorney's Office as the attorneys and expert witness
fees will continue to increase without a corresponding benefit to the County.
The County Administrator does not support the attorney's fees and costs charged by Mr.
Neil and Mr. Osking due to the fact that they far exceed the amount of the purchase and
that they seem excessive relative to the amount of work necessitated by the purchase in
his opinion.
Funding: Funding for this expenditure is budgeted and available from Optional Sales
Tax/ROW/45th Street/left Turn Lane at US 1, Account # 31521441-066120-13013.
Recommendation: Staff recommends the Board approve the purchase and sale for the
right-of-way from Gene Perry and the Estate at a price of $31,455, inclusive of all fees
and costs and authorize the Chairman to execute any documents necessary to close the
purchase of the property.
Copies to: Richard Neill, Esq. Attorney for Gene Perry
Charles Holloman, Esq., Attorney for the Estate
81
AGREEMENT TO PURCHASE AND SELL REAL ESTATE
BETWEEN INDIAN RIVER COUNTY
AND
GENE PERRY & KENNETH JOHNSON
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 Gene Perry
and Kenneth Johnson, ("the Sellers") who agree as follows:
WHEREAS, Seller owns property located at 2390 45th Street, Vero Beach, Florida
32967. A legal description of the property is attached to this agreement as Exhibit "A" and
incorporated by reference herein; and
WHEREAS, the County has plans to improve the US Highway 1 and 45th Street
intersection to include a dedicated left turn lane; and
WHEREAS in order for the County to proceed with road expansion plans, the
County needs to purchase property to be used as right-of-way from landowners along the
south side of 45th Street; and
WHEREAS, the County contacted the Seller and offered to purchase right-of-way of
301 square feet of property as depicted on Exhibit "B"; and
WHEREAS, the Seller has agreed to sell for the stated purchase price on the
understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45th Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 12/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement; 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 exchange of mutually good and valuable consideration the
COUNTY and SELLER hereby affirm each of the representations contained hereinabove
and hereby agrees to be bound by the terms contained herein below.
1. Recitals. The above recitals are affirmed as being true, correct, and material to
induce the parties to enter into this Agreement 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 2390 45th Street, Vero
Beach, Florida and more specifically described in the legal description attached as Exhibit
"B", fee simple, containing approximately 301 square feet, all improvements thereon,
together with all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
82
2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the
Property shall be $5,500.00 (Five Thousand Five Hundred 00/100 Dollars) plus $6,605.00
appraisal fee, and $1,950.00 engineer fees. 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 of such Board or
by the County Administrator pursuant to his delegated authority.
2.2 Costs and Fees. The County shall pay the Seller's attorney fees and costs in the
amount of $17,400.00.
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"). Seller's title search indicates that a predecessor
in title, Ruby Stubbs, may not have released her interest in the property; however, Seller's
understanding is that any defect is cured by the Marketable Record Title Act and will
convey subject to, and not be responsible, for removing any record interest of Ruby
Stubbs, which matter shall be considered a permitted exception.
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 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 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, other than a County Landfill fee
and the Gifford Street Light District. 83
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
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, without any right to claim
or recover damages of any kind or nature whatsoever
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) 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.
(c) 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.
(d) 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. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller. The County shall cause the Property Appraiser to
prorate any taxes, assessments, and non -ad valorem assessments as of the closing
date so that the amount due for Seller to pay taxes and assessments when due is
reduced and prorated accordingly.
6.3 Disbursement. At Closing the Closing Agent is directed to disburse following
amounts:
6.3.1 The total sum of $ $22,205 to Neill Griffin Marquis, PLLC, for the purpose of paying
those attorney's fees, appraisal fees, and engineers fees incurred. 84
6.3.2 The total amount of $3,750.00 to Holloman Law for the purpose of paying those
attorney's fees incurred.
6.3.3 The remaining amount shall be split evenly between Gene Perry and Kenneth
Johnson and paid by separate checks, $2,750.00 each, delivered in care of their
respective counsels.
6.4 The County shall submit this Agreement -and transaction for formal approval by the
Indian River County Board of Commissioners at a public meeting within 30 days of
the last of the Seller's to sign this Agreement. Further, if this Agreement is not so
submitted for approval or if the Board of County Commissioners fails to accept this
offer at that time, then, unless all parties have previously agreed to extend the time
for consideration, the same shall be deemed rejected and of no further force or
effect.
7. Personal Property.
7.1 The Seller shall have removed all of its personal property, equipment and trash from
the Property. The Seller shall deliver possession of the Property to County vacant and in
the same or better condition that existed at the Effective Date hereof.
7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to
County, if applicable.
8. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
8.1 County shall pay the following expenses at Closing:
8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by
Seller pursuant to this Agreement.
8.1.2 Documentary Stamps required to be affixed to the warranty deed.
8.1.3 All costs and premiums for the owner's marketability title insurance commitment and
policy, if any.
8.1.3 All other costs associated with closing, unless otherwise expressly stated to the
contrary herein.
8.2 Seller shall pay the following expenses at or prior to Closing:
8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
9. Miscellaneous.
9.1 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 st4/5
court matters, and in the Southern District of Florida for all federal court matters.
9.2 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.
9.3 Assignment and Bindinq 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.
9.4 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: Gene Perry
2390 45th Street
Vero Beach, FL 32967
If to County:
Kenneth Johnson
2629 Monte Carlo Trail
Orlando, FL 32805
With Copy to: Richard V. Neill, Jr.
Neill Griffin Marquis, PLLC
311 S. 2nd Street, Suite 200
Fort Pierce, FL 34950
Charles Holloman, II
502 North Armenia Avenue
Tampa, FL 33609
Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Land Acquisition/Monique Filipiak
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
9.5 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.
9.6 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. This
limitation shall not apply to any claim or controversy arising out of or relating to failure of
the County to comply with the terms of Section 9.10, below. Nor shall it apply to any
further taking or acquisition of any property interest.
9.7 Counterparts. This Agreement may be executed in two or more counterparts, eaah
one of which shall constitute an original.
9.8 County Approval Required: This Agreement is subject to approval by the Indian
River County Board of County Commissioners as set forth in paragraph 2.
9.9 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.
9.10 Understanding: The Seller has agreed to sell for the stated purchase price on
the understanding that the project will be constructed, and the parcel taken will be used, in
substantial accordance with Contract Plans, 45'h Street and US Highway 1 Roadway and
Signalization Improvements, IRC Project No.: 1355, 90% Plans Submittal, December,
2015, bearing date and time at the bottom of the cover page (copy attached as Exhibit "C")
of 15/18/2015, 7:48:13 AM, which plans are incorporated herein by reference and made a
part of this agreement. This provision of the Agreement shall survive the closing date and
consummation of the transaction.
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
Approved by BCC
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
By:
Deputy Clerk
Gene Perry Date
Kenneth Johnson Date
Approved: Approved as to Form and Legal Sufficiency:
Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney
87
EXHIBIT "A"
LOT IN SW 1/4 OF SE 1/4 OF SW 1/4 209.00 - FT SQUARE AS IN D BK 23 PP 566
Parcel ID: #32-39-23-00000-5000-00014.0
Commonly known as: 2390 45th St, Vero Beach, FL 32967
88
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: May 4, 2020
SUBJECT: Outdoor Seating at Restaurants
FROM: Joseph E. Flescher
Commissioner, District 2
Emergency Item
May 5, 2020
ITEM 14.B.1
Discussion Item:
I'd like to have an open discussion regarding adjusting restaurant outdoor seating
regulations during the Coronavirus recovery period.
•
5151
Vero
Millwork 490042nd Place, Vero Beach, FL 32967
Inc. telephone 772-569-7155, facsimile 772-569-7306
May 04, 2020
Jason Brown
County Administrator
1801 27th Street
Vero Beach, FL 32960
Mr. Brown,
I'd first like to thank you and the commission for your dedication to the safety of our residents
during this difficult time for our community. In keeping with social -distancing, my hope is this
letter will substitute my appearance before the May 5th BCC meeting. The intent of this
communique is to voice my support of Commissioner Zorc's proposal 14.C.1.
As many of us are still coping with the effects from the COVID-19 pandemic, the economic
aftermath will be difficult to measure for some time. I trust you, and the Commission will
consider the proposal, as I believe raising impact fees now would only hinder growth during
such uncertain times. Thank you.
T ompson
Vero Millwork Inc.
4900 42nd Place
Vero Beach, FL 32967
C.(
May 5, 2020
ITEM 14.C.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: April 1, 2020
SUBJECT: Discussion on Postponing Increases to Title X, Impact Fees, due to
Economic Hardships of the Coronavirus
FROM: Tim Zorc
Commissioner, District 3
Discussion Item:
On March 10, 2020, the Board of County Commissioners approved an ordinance to
amend Title X, Impact Fees, of the Code of Indian River County by adopting proposed
new impact fee schedules for unincorporated Indian River County and the
municipalities, and by adopting related amendments including revisions to level of
service standards used in Impact Fee calculations and revisions to Impact Fee benefit
districts.
In Tight of the coronavirus and its developing economic challenges, I'd like to discuss
postponing the new increase to Impact Fees by one (1) year, until June of 2021, while
leaving in-place the June 2020 fee reductions for affordable housing.
89
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uare Foot for Households below 80% AMI:
• Sinile-Family < L000 S
No Impact Fees
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between 1,000 S
Single-Famil
Households below 80% AMI: 50% Reduction of Impact Fees
15.3 . I •
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: April 24, 2020
To: Jason E. Brown, County Administrator
Through: Vincent Burke, PE, Director of Utility Services
From: Himanshu Mehta, Managing Director, Solid Waste Disposal District
Subject: Amendment No. 2 to SiteCrafters of Florida
Descriptions and Conditions:
Per Indian River County (IRC) Solid Waste Disposal District (SWDD) Board direction on February 19, 2019,
staff was directed to improve/clean up the yard waste site. On November 12, 2019, the SWDD Board
awarded Bid No. 2020004 to SiteCrafters of Florida, Inc. (SiteCrafters) to provide two functions. First,
concrete crushing of 25,000 tons of stockpiled concrete at the former construction and debris (C&D)
landfill at a rate of $8.67 per ton, or $216,750. Second, placement of a minimum of 12 inches of crushed
concrete across an approximately 11.25 acre portion of the Yard Waste Facility at a rate of $7.25 per
ton, or $181,250. The total award of $398,000 was to begin improving the area where yard waste is
dropped off.
On March 3, 2020, the SWDD Board approved Amendment No. 1 to SiteCrafters to provide base
improvements to the eastern portions of the yard waste site (Section A on the attached map) for a lump
sum total of $173,780, which included importing 9,757 cubic yards of fill material in a total project cost
to be $571,780. SiteCrafters completed this work by March 31, 2020.
On November 19, 2019, the SWDD Board approved a Yard Waste Processing and Recycling Agreement
with Atlas Organics Indian River, LLC (Atlas Organics) to process, transport and recycle yard waste on the
landfill property. A provision of this contract included Atlas Organics to provide up to $250,000 of site
improvements to the yard waste facility within the first year.
On April 9, 2020, Atlas Organics provided confirmation that they entered into a separate agreement
with SiteCrafters to provide additional improvements to the northern and part of the western portion of
the site for $214,210, which included importing 13,580 cubic yards of fill material (Section B on the
attached map). Atlas Organics also provided details for the remaining $35,790 in funding towards
survey, geotechnical work and engineering cost to cover their contractual obligations to SWDD for the
$250,000 in site improvements.
Overall, the site improvements so far are well received by the public. However, in order to complete the
remaining portion of the site improvements on the western portion of the site (Section C on the
attached map) as well as make maintenance improvements to the existing canals on the site, staff has
received a proposal from Sitecrafters as Amendment 2 to their agreement.
91
Analysis:
The scope of work proposed by Sitecrafters includes the completion of the western portion of the yard
waste site so that there is a complete uniformity with the eastern improvements. Specifically, this
includes scraping and leveling the work area; proof rolling, importing, spreading and compacting
clean/fill dirt (7,800 cubic yards); and setting final grades consistent with previous work. In addition, this
scope includes ditch maintenance to include removal of overgrown and non-native vegetation,
regrading of banks and installing sod to stabilize the bank slopes, and to provide conveyance channels
that are able to be maintained.
Sitecrafters has proposed a lump sum total of $158,030 for this additional work, to be billed on a
percent complete basis and to be billed on a monthly basis in accordance with the contract agreement.
The total project cost upon approval of this change orderwould be $729,810.
Staff is recommending that the requirements for bids for the additional work be waived as time is of the
essence. Proceeding with this work will minimize delay with the original site work project, as well as to
make improvements prior to the rainy season, otherwise we could incur additional cost and time for the
overall site improvements.
Funding:
Funds in the amount of $750,000 for the first year of site improvements are budgeted in the SWDD
Landfill Other Improvements Capital account, which is funded from SWDD assessments and user fees.
This funding has been specifically allocated for the yard waste improvements and is sufficient to cover
the recommended amendment to Sitecrafters.
Description
Account Number
Amount
Other Improvements - Capital
411-164051
$158,030
Recommendation:
Staff recommends the Board
1. Waive requirements for bids for the additional work as Sitecrafters of Florida, Inc. is under an
existing contract agreement for yard waste site improvements, and this is an extension of their
work.
. Approve Amendment No. 2 to Sitecrafters of Florida, Inc., and authorize the Chairman to sign the
agreement, after review and approval of the additional public construction bond by the County
Attorney as to form and legal sufficiency.
Attachments:
1. Amendment No. 2 to Sitecrafters of Florida, Inc.
92
Amendment No. 2 to
Concrete Crushing and Site Work Agreement
THIS SECOND AMENDMENT TO AGREEMENT (Agreement) is entered intoas of the day of May, 2020
by and between Indian River County Solid Waste Disposal (SWDD) District, a dependent special district of
Indian River County, Florida, a Political Subdivision of the State of Florida organized and existing under the
Laws of the State of Florida, (hereinafter called OWNER or SWDD) and SiteCrafters of Florida, Inc.
(hereinafter called CONTRACTOR).
RECITALS
WHEREAS, on November 12, 2019, SWDD and Contractor entered into that certain Agreement
for Concrete Crushing and Site Work at the Indian River County (IRC) Landfill located at 1325 74th
Avenue SW, Vero Beach, FL 32963;
WHEREAS, the Agreement was subsequently amended by the First Amendment to the
Agreement on March 3, 2020; and
WHEREAS, the initial term of this agreement is effective for one (1) year from the date of award
which was November 12, 2019 and that the Agreement will terminate on November 11, 2020,
unless extended as set forth in the Agreement; and
WHEREAS, the Contractor and SWDD have mutually agreed to revise the Contract asset forth
herein.
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. The existing Article 1- WORK of the Agreement is modified to include the following:
A. The Contractor shall provide the additional site work services in accordance with the
attached proposal.
3. The existing Article 4.01— CONTRACT PRICE of the Agreement is modified to include the
following:
e. Lump Sum Proposal Price of $158,030.00 to be billed on a percent complete
basis and billed on a monthly basis in accordance with the Agreement.
4. Ratification. Except as specifically provided in this First Amendment, all other provisions
of the Agreement shall remain in full force and effect.
[signature page follows]
Page 1 of 2
93
IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their
respective duly authorized officers as of the day and year first written above.
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY SITECRAFTERS OF FLORIDA, INC.
By: By:
Susan Adams, Chairman (Contractor)
By:
Jason E. Brown, County Administrator
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
By:
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Page2of2 94
UTILITIES / SITE CONSTRUCTION
April 23, 2020
Mr. Himanshu H. Mehta, PE
Managing Director
Indian River County — Solid Waste Disposal District
1325 74th Avenue SW
Vero Beach, Florida 32968
Re: Improvements to the Organics Parcel — West Lot improvements
West Lot - Scope of Work:
Intent of work is to "square off' the improved organics collection area, perform maintenance on
adjacent stormwater ditches and improve storm water conveyance across the southwestern
access road.
Services shall include scraping the work area, cut and balance of the work area, proof rolling,
importing, spreading and compacting clean, fill dirt (7,800 cyds) and setting final grades
consistent with the intent of a consistent cross slope per the previous work. Ditch maintenance
shall include removal of vegetation, regrading banks and installing Bahia sod to stabilize bank
slopes. A storm structure and piping shall be installed at the road crossing located at the
southwestern corner of the site to collect and convey storm water that is currently sheet flowing
across the unimproved access road causing maintenance issues.
Description Qty Unit Costs
Ditch Maintenance 1 LS $ 9,400.00
Bahia sod for bank stabilization 9,500 SF $ 6,915.00
Pipe / Structure at road crossing 1 LS $ 9,330.00
Scrape / Cut and Balance Site 7,800 CY $ 5,120.00
Proof Rolling 1 LS $ 3,600.00
Import Fill / Place and Compact 1 LS $ 110,214.00
Final Grades 1 LS $ 8,848.00
Bonding Fee
Subtotal $ 153,427.00
1 LS $ 4,603.00
Total $ 158,030.00
SITECRAFTERS OF FLORIDA, INC.
INTEGRITY • QUALITY • COMMITMENT
2207 W. North 'A' Street Tampa, Florida 33606-1583 813.258.4696 Fax: 813.254.3689
www.sitecraftersfl.com
An Equal Opportunity Employer
95
Transport and spreading of crushed concrete shall be accomplished as part of a separate
contract. Please note that this proposal does NOT include mobilization fees and therefore is
based on work commencing immediately upon completion of currently contracted dirt
operations. Additional fees will apply if the proposed commencement date is delayed.
Lump Sum Proposal Price (including bond premium)
$158,030.00
Exclusions:
Soil testing / density testing (Not required — will need to be a third party if you want it done) /
Dewatering (shouldn't be required) / Haul of scrapings (intent is to stockpile any organics at a
location on site that has been coordinated with Atlas Organics)
SITECRAFTERS OF FLORIDA, INC.
INTEGRITY • QUALITY' • COMMITMENT
2207 W. North 'A' Street Tampa, Florida 33606-1583 813.258.4696 Fax: 813.254.3689
www.SiteCrafters.org
An Equal Opportunity Employer
96
UTILITIES SITE CONSTRUCTION
Amendment No. 2 - Exhibit A
A — 9,757 cubic yards of fill dirt
B — 13,580 cubic yards of fill dirt
C — 7,800 cubic yards of fill dirt
Areas of ditch maintenance / bank stabilization'
SITECRAFTERS OF FLORIDA, INC.
INTEGRITY • . QUALITY • COMMITMENT
2207 W. North 'A' Street Tampa, Florida 33606-1583 813.258.4696. Fax: 813.254.3689
www.sitecraftersfl.com
An Equal Opportunity Employer
05/05/2020 15.6.1.
Indian River County
Solid Waste Disposal District
Amendment No. 2 to SiteCrafters of Florida
May 5, 2020
05/05/2020 15.B.1.
��- 2
Concrete Crushing by SiteCrafters
05/05/2020 15.6.1.
616- 3
05/05/2020 15. B.1.
Summary:
[Location
Fil 010
APPS; an
Authorized By I
Amount
D
9,757 cubic
— yards
1.1332 cubs
yards
3.78 As
1.57 Acres
SWOO I
(Amendment No. 1—Hard, 3, 2020) 1
$173,780cre
$250.000
Atlas Organics(Apri19.2020)
z
7,7613 cubic
yards.
2.60 AcrK
U 7":,e;:bk
yards
225 Acres
SW00 (Peoding—Amendment N. 2)
5158.030
O1 Areas of ditch maintenance / bank stabilization (Pert O./Amendment 00.2)
SW00 improvements 6.03 ares oft 1Mal hnyroneme. A11 aro for a total of S0.2 acresImpsored.
Staff Recommendations:
1.
Waive requirements for bids for the additional work as
Sitecrafters of Florida, Inc. is under an existing contract
agreement for yard waste site improvements, and this is
an extension of their work.
2. Approve Amendment No. 2 to Sitecrafters of Florida,
Inc., and authorize the Chairman to sign the agreement,
after review and approval of the additional public
construction bond by the County Attorney as to form
and legal sufficiency.
Questions?