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HomeMy WebLinkAbout08/18/2020BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 18, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with 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 2.11. INVOCATION Pastor Frank Ellis, Kings Baptist Church 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Honoring Holden Kriss on His Retirement From Indian River County Board of County Commissioners, Department of General Services - Indian River County Public Shooting Range Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Month of September, 2020, As "Hunger Action Month" Attachments: Proclamation August 18, 2020 Page 1 of 14 6. APPROVAL OF MINUTES 6.A. Regular Meeting of May 19, 2020 6.B. Regular Meeting of June 02,2020 6.C. Regular Meeting of June 9,2020 6.D. Regular Meeting Minutes of June 16,2020 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2019 is on file in the Office of the Clerk to the Board. 7.B. Florida Public Service Commission Order No. PSC-2020-0249-CO-EQ, In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power&Light Company, is on file in the Office of Clerk to the Board 7.C. Government Finance Officers Association awarding Indian River County GFOA's Distinguished Budget Presentation Award for the 2019-20 Budget Attachments:Staff Report Letter from GFOA dated May 17, 2020 GFOA Certificate of Recognition GFOA Press Release 7.D. Landfill Closure and Collection Service Changes for the Labor Day Holiday Attachments:Staff Report 7.E. Residential Paper Shredding Event on July 18,2020 Attachments:Staff Report 7.F. Household Hazardous Waste and Electronics Recycling Event on August 22,2020 Attachments:Staff Report 7.G. Update on Virgin Trains Expenses Attachments:Staff Report Virgin Trains Expenses 7.H. 3rd Quarter FY 2019/2020 Budget Report Attachments:Staff Report Quarterly Budget Report 7.1. Indian River County Venue Event Calendar Review Attachments:Event Calendar August 18,2020 Page 2 of 14 8. CONSENT AGENDA 8.A. Checks and Electronic Payments July 3,2020 to July 9,2020 Attachments:Finance Department Staff Report 8.B. Checks and Electronic Payments July 10,2020 to July 16,2020 Attachments:Finance Department Staff Report 8.C. Checks and Electronic Payments July 17,2020 to July 23,2020 Attachments:Finance Department Staff Report 8.D. Checks and Electronic Payments July 24,2020 to July 30,2020 Attachments:Finance Department Staff Report 8.E. Checks and Electronic Payments July 31,2020 to August 6, 2020 Attachments.Finance Department Staff Report 8.F. Request from Carole Jean Jordan,Tax Collector,re: Tax Roll Extension Attachments:IRC Tax- Consent Agenda Item 8.G. Errors, Omissions&Insolvencies Report Attachments:Memo re Recapitulation Tax Collector Recapitulation Report of Errors and Insolvencies 8.H. Consideration of the 2020 Update to the Public Transportation Agency Safety Plan (PTASP) Attachments:Staff Report Public Transportation Agency Safety Plan 8.I. Approval of Cost-Share Agreement Renewal with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells Attachments:Staff Report Grant Form 2020 2020-2023 SJWMD Agreement 8.J. Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2020/2021 Attachments:Staff Report MT Causley 2020-2021 Agreement Supplemental Inspection Services Summary August 18,2020 Page 3 of 14 8.K. Consideration of the Indian River County SHIP Program 2020 Annual Report Attachments:Staff Report SHIP Program Information Ship Annual Report SHIP Annual Report Certification Form 8.L. Request by Britton Realty of Vero Beach, LLC for Release of an Easement Located at 5420 41st Street Attachments:Staff Report Aerial Map of Site and Easement Recorded Conservation Easement 2008 Approved Site Plan (Modification) Proposed Resolution Releasing Easement 8.M. KRG Indian River Outlot, LLC's Request for Final Plat Approval for Panera-Indian River Square [2018070040-85237/SD-19-11-06] Attachments:Staff Report Location Map Final Plat Layout 8.N. Sommers Development Group, LLC's Request for Final Plat Approval for a Subdivision to be known as Sommers Place Residential Subdivision [97070034-85249/SD-18-08-07] Attachments:Staff Report Location Map Final Plat Layout 8.0. Lost Tree Preserve, LLC's Request for Final Plat Approval for Lost Tree Preserve PD,Phases 2 and 3 [PD-10-08-01 /99040238-86977] Attachments:Staff Report Location Map Final Plat Layout 8.P. GRBK GHO Summer Lake, LLC's Request for Final Plat Approval for a Subdivision to be known as Summer Lake North Subdivision [2005010130-86015/ SD-18-08-08] Attachments:Staff Report Location Map Final Plat Layout August 18,2020 Page 4 of 14 8.Q. Award of Bid 2020044 Hobart RO Water Treatment Plant Chemical Tank Replacement Attachments:Staff Report Sample Agreement 8.R. Indian River County Subaward and Grant Agreement for COVID-19 Attachments:Staff Report Federally-Funded Subaward and Grant Agreement 8.S. Second Extension of Agreement for Automated Teller Machine Services Attachments:Staff Report Second Amendment to Agreement 8.T. Miscellaneous Budget Amendment 008 Attachments:Staff Report 2019 2020 Resolution Exhibit"A" 8.U. Renewal of RFP 2019060 FEMA Public Assistance Consulting Services Attachments:Staff Report First Renewal of FEMA Agreement 8.V. Freedom Festival Fireworks Funding Attachments:Staff Report June 3rd E-mail from Lions Club of Sebastain August 3rd E-mail September 5th Fireworks Display 8.W. Designation of Excess Equipment as Surplus Attachments:Staff Report List for 081820 Agenda 8.X. Termination of Award to First Bidder and Award to Second Bidder of Bid #2020041-Exterior Painting at Administration Buildings A and B Attachments:Staff Report Sample Agreement 8.Y. Resolution Cancelling Taxes on Property Dedicated to Indian River County for Public Purpose(57th Street Right-Of-Way) Attachments:Staff Report Resolution August 18,2020 Page 5 of 14 8.Z. Resolution Cancelling Taxes on Property Donated by Florida Power & Light Company to Indian River County for Public Purpose (16th Street and 98th Avenue Right-Of-Way) Attachments:Staff Report Resolution 8.AA. Release of Emergency Access Right to Tract C,VeroLago Phase 1 Attachments:Staff Report Release of Emergency Access Right 8.AB. Ratification of Lease Amendment with Mattress Firm, Inc. Attachments:Staff Report Mattress Firm Amendment to Lease 2020 8.AC. Street Lighting Agreement Terminations Attachments:Staff Report Termination of Streetlight Agreement- Form 8.AD. Sebastian Inlet District Perpetual Beach Management and Sand By-Passing Easement Attachments:Staff Report Letters from James D. Gray, Jr. Easement (12566 Highway A1A) Schedule A to 12566 Highway A1A Easement Easement (12900 Highway A1A) Schedule A to 12900 Highway A1A Easement Easement (Highway A1A) Schedule A for Highway A1A 8.AE. Extension of Memorandum of Understanding for Animal Shelter Services Attachments:Staff Report Extension Animal Shelter Services 8.AF. Partial Release of Limited Access Easement for Stillwater Affidavit of Exemption Located at 6905 61st Street Attachments:Staff Report Aerial Photo- Stillwater Sketch and Legal Description of Limited Access Easement Limited Access Easement Stillwater Affidavit of Exemption Exhibit Partial Release of Limited Access Easement August 18,2020 Page 6 of 14 8.AG. Work Order Number 5 - Continuing Engineering Services RFP 2018008- Coastal Waterways Design and Engineering, LLC - Oyster Bar Marsh Construction Administration Parking&Driveway Improvements Attachments:Staff Report Attachment A-Work Order No. 5 8.AH. Notice of Grant Award from the Division of Historical Resources for the Jones' Pier Residence Stabilization and Museum Planning - 21.h.sm.100.092 and Authorization for Work Order No. 3 Donadio&Associates Architects,P.A. Attachments:Staff Report Attachment A-Work Order No. 3 Donadio Attachment B -Agreement Attachment C - DHR GRANT 8.AI. Authorization for Amendment 4, 5, 6 to Work Order Number 5 and Work Order #18 -MBV Engineering, Inc. Attachments:Staff Report Attachment A-Amend 4 to WO5 - Jones Pier Attachment B-Amend 5 to WO5 Kroegel Attachment C -Amendmant 6 to WO5 - Hallstrom House Attachment D - IRC Work Order 18- Hallstrom House Attachment D - 20-0240 - Hallstrom House Improvements 8.AJ. Award of Bid Number 2020013 -Oyster Bar Marsh Public Use Improvements Attachments:Staff Report Sample Agreement 8.AK. Recommending Award of Bid # 2020036- Beach Parks Grounds Maintenance and Mowing Contract Attachments:Staff Report J-Mac Cleaning Agreement 8.AL. Work Order Number 2, Masteller and Moler, Inc. - Continuing Engineering Services RFP 2018008- Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) Attachments:Staff Report Work Order 2 Exhibit A Manhours Exhibit August 18,2020 Page 7 of 14 __ I 8.AM. Award of Bid No. 2020023, C.R. 512 Bridges Repairs (FDOT #884078 & #884079),IRC-1727 Attachments:Staff Report Sample Agreement 8.AN. Award of Bid No. 2020048,County Welcome Signs,IRC-1816 Attachments:Staff Report Sample Agreement Location Map Sign Rendering 8.AO. Vero Lake Estates, 85th Street Paving, from 101st Avenue to 96th Avenue, Final Payment,Release of Retainage,and Change Order No. 1, IRC-1628 Attachments:Staff Report Change Order No. 1 8.AP. Amendment No. 17 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street Attachments:Staff Report Amendment No. 17 from Arcadis US, Inc. 8.AQ. Work Order No. 33, Kimley-Horn and Associates, Inc., 43rd Avenue Bridge Replacement Over S.Relief Canal(IRC-2014) Attachments:Staff Report Work Order 33 8.AR. Amendment No. 4 to Agreement for Professional Services with Bowman Consulting Group, Ltd., 58th Avenue Reclamation 57th Street to 85th Street (IRC-1325) Attachments:Staff Report Amendment No. 4 with Bowman Consulting Group, Ltd. 8.AS. Approval of Agreement with Florida Blue for the County's Stop Loss Policy Attachments:Staff Report FLBL Stop Loss Renewal Lockton Marketing Analysis & Monte Carlo Modeler 8.AT. Approval of Blue Medicare Advantage Renewal Attachments:Staff Report Medicare Advantage Plan Renewal August 18,2020 Page 8 of 14 8.AU. Second Renewal and Modification of Annual Bid 2018057 for Medical Supplies Attachments:Staff Report 8.AV. Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Attachments:Staff Report First Extension To Maintenance Agreement 8.AW. Approval of Kimley-Horn Amendment No. 1 to Work Order No. 15, "Ixora Park Sewer System Rehabilitation" Attachments:Staff Report Amendment No 1 to Work Order No 15 8.AX. Above Ground Storage Tank and Closure, and Site Assessment Scope of Work Attachments:Staff Report Work Order No 7 for Tetra Tech Inc 8.AY. North Sebastian Water and Sewer Phase 2- Approval of IRLNEP Funding Agreement Attachments:Staff Report IRLNEP Cost Share Agreement Grant Form 8.AZ. Department of Environmental Protection v. IRCUD Central Gifford WWTF - Consent Order Attachments:Staff Report Consent Order DEP v IRCUD 8.BA. Chemtrade Price Changes Attachments:Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Escambia County Housing Finance Authority Multifamily Housing Revenue Bonds(Orange Blossom Village Apartments) Attachments:Staff Report Resolution Orange Blossom Apartments TEFRA Notice for Hearing August 18,2020 Page 9 of 14 10.A.2. Request from Skytop Transportation, Inc. for a Class El Certificate of Public Convenience and Necessity to provide Wheelchair transports originating from Indian River County. Attachments:Staff Report SKYTOP APPLICATION ADA B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Steven Hellyer Regarding Treasure Coast Community Health/IRC Recreation Department COVID-19 Testing Attachments:Public Discussion Request TCCH 10.B.2. Request to Speak from Jeffrey Andros re: Complaint Against Code Enforcement C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing Scheduled for September 15, 2020 to Consider the Adoption of an Ordinance with regard to Face Covering Requirements (Legislative) Attachments:Staff Report 11. COUNTY ADMINISTRATOR MATTERS 11.A. Collective Bargaining Agreement between Indian River County and Teamsters, Local Union No.769-FY20/21 General Wage Increase Attachments:Staff Report Wage Reopener FY20-21 Amendment Exhibit A-ARTICLE 33 FY20-21 Wage Reopener 11.B. Recommended IRC Code of Ordinance Changes Attachments:Staff Report Section 102.01. Section 102.04. 11.C. CARES Act Spending Plan Revisions and Updates Attachments:Staff Report United Way agreement 11.D. Resolution in Support of the Pedestrian Safety Study Act Introduced by Congressmen Posey and Mast Attachments:Staff Report Resolution re Mast Posey Rail Safety Study 12. DEPARTMENTAL MATTERS A. Community Development August 18,2020 Page 10 of 14 12.A.1. Revolving Loan Fund Grant Application To Economic Development Administration From Treasure Coast Regional Planning Council Attachments:Staff Report RLF match request from TCRPC 12.A.2. Consideration of Coronavirus Relief Fund (CRF) Agreement with Florida Housing Finance Corporation (FHFC), Consideration of Local Parameters for Fund Utilization, and Consideration of County Staffing and Outside Agency Assistance to Administer the Program Attachments:Staff Report CRF Agreement with FHFC Template Sub-grantee Agreement B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Moorhen Marsh Low Energy Aquatic Plant System - Recommendation Regarding Construction Bids(Bid#2020030 Attachments:Staff Report Attachment A-Allen Concrete Protest Letter Attachment B- County Purchasing Manager Letter Attachment C -Alternatives Analysis G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement Update Attachments:Staff Report 13.B. Jill Jaynes Litigation Attachments:Staff Report August 18,2020 Page 11 of 14 13.C. Quit Claim Deed to James W. Steil,Inc Attachments:Staff Report Aerial Photo of Parent Parcel - Steil cdv sketch and highlighted area of subject property IRC quit claim deed to Steil 2020 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams,Chairman B. Commissioner Joseph E.Flescher,Vice Chairman C. Commissioner Tim Zorc 14.C.1. Discussion on Pine Tree Park Storm Water Drainage Attachments:Commissioner's Memorandum D. Commissioner Peter D.O'Bryan E. Commissioner Bob Solari F. Commissioners Open Dialogue 14.F.1. Commissioners Open Dialogue Attachments:Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting of March 10,2020 Attachments:03102020 E S D_D raft 15.A.2. Approval of Minutes Meeting April 21,2020 Attachments:04212020ESDDraft 15.A.3. Approval of Minutes Meeting of June 9,2020 Attachments:06092020ESDDraft 15.A.4. Approval of Meeting Minutes of June 16,2020 Attachments:06162020ESDDraft 15.A.5. Approval of Second Amendment and Renewal of Property Lease for Temporary Location of Fire Station#7 Attachments:Staff Report Second Amendment Lease Agreement Station 7 B. Solid Waste Disposal District August 18,2020 Page 12 of 14 15.B.1. Approval of Meeting Minutes of May 19, 2020 Attachments:05192020SWDDDraft 15.B.2. Approval of Minutes Meeting of June 9,2020 Attachments:06092020SWDDDraft 15.B.3. Ratification of Award of Bid 2020027- Old Dixie Highway-Landfill Wetland Mitigation Site Perimeter Fencing Attachments:Staff Report Agreement with KMG Fencing LLC 15.B.4. Ratification of Award of Bid 2020050(Phase 1) - Installation of New Concrete Pad at IRC Landfill and Ratification of Award of Bid 2020050(Phase 2) - Demolition of Existing Structures Attachments:Staff Report Agreement with Summit Construction Agreement with Timothy Rose Contracting Inc 15.B.5. Approval of 2021 CPI Adjustment Request by Republic Services Attachments:Staff Report Rate Adjustment Letter Request 15.B.6. Indian River County Landfill Amendment No. 3 to Work Order No. 1 and Final Pay to CDM Smith,Inc. Attachments:Staff Report IRC Landfill Amendment No 3 to Work Order No 1 CDM Smith Final Invoice and Project Completion Report 15.B.7. Change Order No. 8, Release of Retainage and Final Pay to Thalle (Bid #2018025) Attachments:Staff Report CDM Smith Letter of Recommendation Change Order No 8 and Change in Contract Summary Log 15.B.8. Request by Republic Services to bring City of Palm Bay Recyclables Attachments:Staff Report Request from Republic Services 15.B.9. Bill of Sale of Utility Facilities - Indian River County Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion Attachments:Staff Report Bill of Sale of Utility Facilities Exhibit "A"to Bill of Sale of Utility Facilities August 18,2020 Page 13 of 14 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act(ADA)Coordinator at(772)226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office,the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 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. August 18,2020 Page 14 of 14 4 PROCLAMATION HONORING HOLDEN KRISS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE WHEREAS,After nearly 20 years of continual service at the Indian River County Public Shooting Range, Holden Kriss has announced his retirement from the Public Shooting Range effective August 31, 2020, and WHEREAS, Holden Kriss began his career with Indian River County as the initial Range master for the new Indian River County Public Shooting Range in February 2001 as a Year Round Range Master II, and has served in this capacity until his retirement, and WHEREAS, Holden Kriss used his significant knowledge and experience in shooting range operations by developing operational procedures along with safety rules and regulations establishing the Indian River County Public Shooting Range as a Five Star rated range by the National Shooting Sports Foundation which selected Indian River County to host the Shooting Industry Masters Tournament in 2014. WHEREAS, Holden Kriss directed the growth of the shooting range through his planning and oversight of various improvement projects including a state of the art Sporting Clays facility and the Hunter's Safety & Education Center advancing the Indian River County Shooting Range to be widely heralded as the finest public shooting range in Florida and the largest Shooting Range in the Southeastern United States, and WHEREAS, during his tenure as Range Master, Holden Kriss appropriately represented Indian River County through his appointment as President of the National Association of Shooting Ranges and election to the National Shooting Sports Foundation Board of Governors. During that time Holden Kriss attended national meetings, conferences, and trade shows on behalf of Indian River County, and WHEREAS, Holden Kriss has served this County and the Public with distinction and selflessness. During his years of service, he was dedicated, and his work was greatly appreciated by his employer, citizens and co-workers alike, and NOW, THEREFORE,BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of Holden Kriss on behalf of this County, and the Board wishes to express their appreciation for his dedication and the exemplary service he has given to Indian River County for nearly 20 years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Acknowledged this 18th day of August 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 1 Susan Adams, Chairman s PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2020, AS "HUNGER ACTION MONTH" WHEREAS, hunger and poverty remain issues of grave concern in the United States, the State of Florida, and the Treasure Coast, with 19,020 children and adults in Indian River County now categorized as food insecure; and WHEREAS, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to support efforts to serve the needs of Indian River County citizens; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in educating people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and WHEREAS, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, are coordinating Hunger Action Day on September 10, 2020 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in our local communities. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2020, be designated as "Hunger Action Month" in Indian River County and the Board encourages all citizens to exercise observance. Adopted this 18th day of August 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Peter D. O'Bryan Tim Zorc Bob Solari 2 91 e 124 57, PROCLAMATION HONORING DR. EDWIN MASSEY UPON HIS RETIREMENT AS PRESIDENT OF INDIAN RIVER STATE COLLEGE WHEREAS, for over 47 years, Dr. Edwin Massey has worked tirelessly to better the lives of Indian River County residents through his career at Indian River State College (IRSC); and WHEREAS, Dr. Massey came to Fort Pierce in July of 1973, from Laurel, Mississippi, with his wife, Jo, and their two small daughters for a teaching position at the college which was then called Indian River Community College. Dr. Massey and his family eventually moved to Vero Beach, had a third child and currently has six grandchildren; and WHEREAS, by 1978, Dr. Massey had moved from the classroom to the first in a series of administrative positions. In 1988, at the age of 41, he became the college's third president. During his tenure, the institution began awarding four-year bachelor's degrees and built 71% of the nearly 1.6 million square feet of classroom, lab and operational building space on five campuses in four counties. He also created programs at high schools in all three Treasure Coast counties and Okeechobee County to ensure that students are ready for post-secondary work, whether for an academic degree or a certificate toward a new career; and WHEREAS, Dr. Massey has won many awards for the college, including the 2019 Aspen Prize for excellence among community colleges, signifying it as the best among the 1,100 community colleges in the United States. He gained unanimous approval by the Florida State Board of Education to implement 20 Bachelor's Degree programs and received SACS accreditation for IRSC to become a Level II Baccalaureate-granting institution; and WHEREAS, prior to becoming president, Dr. Massey was lobbying legislators in Tallahassee for state funds, attending every legislative session in the state capital since the mid-1980s and meeting with Senate presidents and House leaders. The IRSC Foundation has seen its assets grow more than 1,700 percent to $116.3 million during his tenure. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Dr. Edwin Massey's efforts on behalf of Indian River County and expresses their appreciation for the exemplary service Dr. Massey has given to the County for the past 47 years. Adopted this 18th day of August 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 I 43 l 20 l-- Tre CoNewspapers ws PART OF Thl E USA TODAY NETWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION IRC CLERK OF THE CIR CUIT COURT PO BOX 1028 NOTICE OF UNCLAIMED VERO BEACH, FL 32961-1028 MONEYS Unclaimed moneys for Cash STATE OF WISCONSIN Bonds, Garnishment Surplus, Non Resident Cost Bonds, COUNTY OF BROWN Small Claims Garnishments, I Small Claims, Non_.Resident i Cost Bonds deposited with the Before the undersigned authority personally appeared, said Clerk of the Circuit court, legal clerk, who on oath says that he/she is a legal clerk of the prior ll Januar t, 2019, for the followin dyefendantr will Indian River Press Journal, a daily newspaper published at Vero be forfeited to the Indian Beach in Indian River County, Florida: that the attached copy of River County Clerk of Court unless claimed by the deposi- advertisement was published in the Indian River Press Journal tor of the cash bond by Sep- in the following issues below. Affiant further says that the said ti Uncla1,med 2020: Unclaimoneys for Juror Indian River Press Journal is a newspaper published in Vero Checks issued in the year Beach in said Indian River County, Florida, and that said 2018. For a listing of defendants newspaper has heretofore been continuously published in said and for information to claim Indian River County, Florida, daily and distributed in Indian River twebsihe balancete at , please visit our www.clerk.indian-r County, Florida, for a period of one year next preceding the first iver.org publication of the attached copy of advertisement; and affiant Click on the unclaimed Monies" on the left side of further says that she has neither paid or promised any person, the screen. firm or corporation any discount, rebate, commission or refund Click on the "unclaimed Bonds,, in the blue bar on the for the purpose of securing this advertisement for publication in top of the page. d- the said newspaper. The Indian River Press Journal has been click on the "zo18 outstanue e ing Juror Checks" in the bl entered as Periodical Matter at the Post Offices in Vero Beach, bar on the top of the page Indian River County, Florida and has been for a period of one Pub: 42uly 58 J 8,32020 TCN67 year next preceding the first publication of the attached copy of advertisement. 07/08/2020 Subscribed and sworn to before on July 8,2020: Notary, State of WI, County of Brown TARA MONDLOCH Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $66.25 1 Ad No:0004267583 Customer No: 1309493 PO#: #of Affidavits) 20 177 q e-t s -20 q,e6 FILED 7/21/2020 M' DOCUMENT NO. 03920-2020 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of renewable DOCKET NO. 20200114-EQ energy tariff and standard offer contract,by ORDER NO. PSC-2020-0249-CO-EQ Florida Power&Light Company. ISSUED: July 21, 2020 CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC-2020-0212-PAA-EQ, issued June 26, 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-2020-0212- PAA-EQ has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 21st day of July, 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. AJW ORDER NO. PSC-2020-0249-CO-EQ DOCKET NO. 20200114-EQ PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. 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 INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 21, 2020 SUBJECT: Distinguished Budget Presentation Award Fiscal Year 2019/2020 FROM: Kristin Daniels Director, Management&Budget I Following is notification received from the Government Finance Officers Association (GFOA) awarding Indian River County, Florida, the Distinguished Budget Presentation Award for the current fiscal year 2019/2020. A Certificate of Recognition has also been presented to the Office of Management & Budget as the department designated as being primarily responsible for having achieved the award. This is the twenty-ninth consecutive year that the Office of Management&Budget has received this award. 3 May 17,2020 Kristin Daniels Budget Director Indian River County 1801 27th Street,Bldg A Vero Beach,FL 32960-3388 Dear Ms.Daniels: We are pleased to inform you, based on the examination of your budget document by a panel of independent reviewers, that your budget document has been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal period. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by your organization. The Distinguished Budget Presentation Award is valid for one year. To continue your participation in the program, it will be necessary to submit your next annual budget document to GFOA within 90 days of the proposed budget's submission to the legislature or within 90 days of the budgets final adoption. A Distinguished Budget Program application is posted on GFOA's website. This application must be completed and accompany your next submission. (See numbers 12 and 13 on page 2 of the application for fee information and submission instructions.) Each program participant is provided with confidential comments and suggestions for possible improvements to the budget document. Your comments are enclosed. We urge you to carefully consider the suggestions offered by our reviewers as you prepare your next budget. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for its having achieved the award. Enclosed is a Certificate of Recognition for Budget Preparation for: Office of Management and Budget Continuing participants will find a brass medallion enclosed with these results. First-time recipients will receive an award plaque that will be mailed separately and should arrive within eight to ten weeks. Also enclosed is a camera-ready reproduction of the award for inclusion in your next budget. If you reproduce the camera-ready image in your next budget, it should be accompanied by a statement indicating continued compliance with program criteria. The following standardized text should be used: 4 Kristin Daniels May 17,2020 Page 2 Government Finance Officers Association of the United States and Canada (GFOA) presented a Distinguished Budget Presentation Award to Indian River County, Florida, for its Annual Budget for the fiscal year beginning October 1, 2019. In order to receive this award, a governmental unit must publish a budget document that meets program criteria as a policy document, as a financial plan, as an operations guide,and as a communications device. This award is valid for a period of one year only. We believe our current budget continues to conform to program requirements, and we are submitting it to GFOA to determine its eligibility for another award. A press release is enclosed. Upon request, GFOA can provide a video from its Executive Director congratulating your specific entity for winning the Budget Award. We appreciate your participation in this program, and we sincerely hope that your example will encourage others in their efforts to achieve and maintain excellence in governmental budgeting. The mostcurrent list of award recipients can be found on GFOA's website at.www.gfoa.org. If we can be of further assistance,please contact the Technical Services Center at(312)977-9700. Sincerely, Michele Mark Levine Technical Services Center Enclosure 5 • GOVERNMENT FINANCE OFFICERS ASSOCIATION Distinguished Budget Presentation Award PRESENTED TO Indian River County Florida For the Fiscal Year Beginning • October 1, 2019 . P Executive Director 6 FOR IMMEDIATE RELEASE May 17,2020 For more information,contact: Technical Services Center Phone: (312)977-9700 Fax: (312)977-4806 E-mail:budgetawards@gfoa.org (Chicago, Illinois)--Government Finance Officers Association is pleased to announce that Indian River County, Florida, has received GFOA's Distinguished Budget Presentation Award for its budget. The .award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: ■ a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories, and in the fourteen mandatory criteria within those categories,to receive the award. When, a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual(s) or department designated as being primarily responsible for having achieved the award. This has been presented to Office of Management and Budget. There are over 1,600 participants in the Budget Awards Program. The most recent Budget Award recipients, along with their corresponding budget documents, are posted quarterly on GFOA's website. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. Government Finance Officers Association (GFOA) advances excellence in government finance by providing best practices, professional development, resources and practical research for more than 20,500 members and the communities they serve. 7 Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: July 28,2020 To: Jason E Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Thru: Himanshu H.Mehta,PE,Managing Director,Solid Waste Disposal District(SWDD) Prepared By: Susan Flak,Recycling Education and Marketing Coordinator,SWDD Subject: Landfill Closure and Collection Service Changes for the Labor Day Holiday In observance of Labor Day,the Main County Landfill and the five Customer Convenience Centers will be closed on Monday, September 7, 2020. In addition, there will be no residential curbside services for recycling,garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated Indian River County and the municipalities. Residents may visit the Solid Waste Disposal District website at ircrecycles.com for more information. Location Garbage and Yard Waste Services Recycling Services Unincorporated IRC Garbage and Yard Waste Services will be shifted by one day. City of Fellsmere Mon.customers will be serviced on Tue.Sep.8. Fri.customers will be serviced on Sat.Sep.12. If you have questions regarding your service schedule, Recycling services will be please call Waste Management at 569-1776. shifted by one day. City of Sebastian Garbage services for Mon.customers will be Mon. customers will be serviced on Wed.Sep. 9 serviced on Tue.Sep.8. Yard waste services for Mon. customers will be Fri. customers will be serviced on Mon.Sep. 14. serviced on Sat.Sep. 12. If you have questions regarding your service schedule, If you have questions regarding please call Waste Management at 569-1776. your service schedule,please City of Vero Beach Garbage services for Mon.customers will be call Waste Management at 569-1776. serviced on Thur.Sep. 10. No changes to yard waste services. If you have questions regarding your service schedule, please call the City of Vero Beach at 978-5300. Town of Orchid No changes No changes Indian River Shores Garbage services for Mon.customers will be No changes serviced on Thur.Sep. 10. If you have questions,please No changes to yard waste services. call Republic Services at If you have questions regarding your service schedule, 562-6620. please call Republic Services at 562-6620. 8 7E Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 3,2020 To: Jason E. Brown,County Administrator From: Vincent Burke, PE,Director of Utility Services Thru: Himanshu H.Mehta,PE,Managing Director,Solid Waste Disposal District(SWDD) Prepared By: Susan Flak,Recycling Education and Marketing Coordinator,SWDD Subject: Residential Paper Shredding Event on July 18,2020 On Saturday,July 18,2020,the Solid Waste Disposal District(SWDD) partnered with Waste Management and Southeast Secure Shredding to host another successful Residential Paper Shredding Event. All residents of Indian River County were invited to bring up to three boxes/bags of paper(up to 35 lbs.each) to be shredded and recycled at no cost. The event was held from 9 am to 2 pm at Southeast Secure Shredding located at 3910 U.S. Highway 1 in Vero Beach. Within the first hour,we greeted and unloaded 150 cars. By the end of the event,606 cars participated in the drop off service. Southeast Secure Shredding shredded 9.57 tons of paper onsite during the event. Southeast Secure Shredding charged$5 per vehicle. However,there was no cost to SWDD or residents as Waste Management covered the vehicle cost. We look forward to working with Waste Management on future paper shredding events. A special thank you to the Indian River County Sheriff's Department for their volunteer efforts during this event. They were instrumental in directing the long lines of traffic and keeping US Highway 1 moving. SWDD and Waste Management are pleased to be partnering with them again during our Household Hazardous Waste and Electronics event coming up on Saturday,August 22,2020. At our last shredding event held in April 2019,731 cars participated and 9.8 tons of material was shredded. In comparison, at this event 606 cars participated and 9.57 tons of material was shredded. This is confirmation of how popular this event is with residents,as well as how consistently successful it is for a community recycling event. q - k�1{ tr 1} .L _ ?; r w �' :' 9 7F Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: July 27,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Thru: Himanshu H. Mehta,PE, Managing Director,Solid Waste Disposal District(SWDD) Prepared By: Susan Flak,Recycling Education and Marketing Coordinator,SWDD Subject: Household Hazardous Waste and Electronics Recycling Event on August 22,2020 The Solid Waste Disposal District (SWDD) and Waste Management will be hosting the Household Hazardous Waste (HHW) and Electronics Recycling Event on Saturday,August 22, 2020,from 9 am to 12 pm. All residents of Indian River County are invited to bring a wide variety of electronics and HHW to include, but not limited to: computers, keyboards, microwave ovens, household cleaners, pesticides, paint, and propane tanks. There is no charge, and all materials will be safely and securely recycled. The event will take place at the Indian River Fairgrounds, 7955 58th Avenue in Vero Beach. For more information or to see the list of acceptable items,visit www.ircrecvcles.com or call 770-5112. Funding: This agenda is for informational purposes only and does not require funding. FREE Residential Rec cling Event 011 Electronics an+ ouse o d : azardous Waste 0 Saturday,August 22,2020.9 am to 12 pm ikn ' IRC Fairgrounds,. 7955 58th Avenue,Vero Beach '�"` .7 w `. What Can I Brim.... Can't maize the event? to Electronics-Computers,phones,speakers,radios,cables LI, Recycle E/1-11-1W year-round at "'"" ,� Chemicals-t linischafd cleaners,pesticides.I'crtilirers,bleach the S Customer Convenience ,,- Automotive Transmission/brake fluid,motor oil,antifreeze Centers or Main Landfill! i € .,, Other-Paint(S gal.).pmpane tanks.Ouorescent hulks&mord ! ' * _ Many common household items can contain corrosive,reactive. WM. ram-!IN,cine jo illi or toxic ingredients that.should newer he placed in your regular USacorgr -fit garbage.Bring us your deamnics and household hazardous i '.-r3 waste(°HH IW)to he properly disposed of and recycled •4.� �$...RECYCLE! free cif charge! _ 1� —�---.. " ..„2„,.... L. (IR 'esi en o n y 1:Mil3�#tz r�:,g,• :xM ti I his event is brought to you by the0 3 f !} S t t llt l'26yC lTl W \NN Solid Waste Disposal District. Ci?(Ef 1 W os Aft!,ircrecycles..om • �+ i r/ lea 10 7' INFORMATIONAL INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: August 12,2020 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 8/12/20. ATTACHED: • Virgin Trains Expenses through 8/12/20 spreadsheet. 11 Virgin Trains Expenses Indian River County Board approved expenses of$186921 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$92,500 11/20/2018 Board approved additional$1.million(Budget Amendment) 3/17/2020 County Attorneys Office received$200,000 from citizens(Budget Amendment) Acct#00110214-033110-15023 Legal Service s Date Vendor Amount Note 8/4/2020 Murphy&Walker $870.00 Fees for Legal Services July 2020 7/13/2020 Murphy&Walker $3,065.00 Fees for Legal Services June 2020 6/9/2020 Murphy&Walker $1,914.00 Fees for Legal Services May 2020 5/15/2020 MoloLamken LLP $100,000.00 Fees for Legal Services April 2020 5/8/2020 Murphy&Walker $4,263.00 Fees for Legal Services April 2020 4/8/2020 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 $100,000.00 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 $9,483.00 Fees for Legal Services January 2020 1/13/2020 Murphy&Walker $7,917.00 Fees for Legal Services December 2019 12/11/2019 Murphy&Walker $13,329.00 Fees for Legal Services November 2019 12/3/2019 Bryan Cave LLP $697.50 Fees for Legal Services October 2019 11/12/2019 Murphy&Walker $16,222.00 Fees for Legal Services October 2019 ISubtotalExpenses FY 19/20 5272,907.25 I 9/30/2019 Murphy&Walker $19,290.00 Fees for Legal Services Aug&Sept 2019 9/30/2019 Bryan Cave LLP $49,142.40 Fees for Legal Services September 2019 9/30/2019 Bryan Cave LIP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LIP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy&Walker $18,912.00 Fees for Legal Services-Aug 2019 8/13/2019 Murphy&Walker $6,487.00 Fees for Legal Services June&July 2019 7/10/2019 Murphy&Walker $13,868.00 Fees for Legal Services June 2019 6/24/2019 Bryan Cave LLP $1,244.00 Fees for Legal Services May 2019 6/12/2019 Murphy&Walker $7,939.10 Fees for Legal Services May 2019 5/29/2019 Bryan Cave LLP $65,848.60 Fees for Legal Services April 2019 5/15/2019 Murphy&Walker $2,656.50 Fees for Legal Services April 2019 5/14/2019 Bryan Cave LLP $75,490.34 Fees for Legal Services March 2019 4/4/2019 Murphy&Walker $8,042.00 Fees for Legal Services March 201.9 3/26/2019 Bryan Cave LLP $59,154.08 Fees for Legal Services February 2019 3/18/2019 Murphy&Walker $15,988.70 Fees for Legal Service-February 2019 3/18/2019 Bryan Cave LLP $3,577.26 Fees for Legal Service-January 2019 2/21/2019 Murphy&Walker $13,539.54 Fees for Legal Service-January 2019 2/5/2019 Bryan Cave LLP $9,938.49 Fees for Legal Service-December 2018 1/4/2019 Murphy&Walker $9,929.00 Fees for Legal Service-December 2018 12/27/2018 Bryan Cave LLP $26,535.95 Fees for Legal Service-November 2018 12/5/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-through 10/31/18 12/3/2018 Bryan Cave LLP $16,416.20 Fees for Legal Service-October 2018 "Subtotal Expenses FY 18/19 $548,417.98 9/30/2018 McDermot,Will&Emery LLP $10,565.97 IRC Legislative Advocacy Matters-through 9/30/18 9/30/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-through 8/31/18 9/30/2018 Bryan Cave LLP $72,352.66 Fees for Legal Service-Sept 2018 9/30/2018 Bryan Cave LLP $60,392.05 Fees for Legal Service-Aug 2018 9/10/2018 Bryan Cave LLP $109,699.89 Fees for Legal Service-July 2018 8/24/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-5/11-7/30/18 8/8/2018 Bryan Cave LLP $49,360.27 Fees for Legal Service-June 2018 7/18/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-4/18-4/20/18 7/17/2018 Bryan Cave LIP $14,257.36 Fees for Legal Services-May 2018 7/2/2018 McDermot,Will&Emery LLP $10,012.00 IRC Legislative Advocacy Matters-4/6-4/20/18 6/13/2018 Bryan Cave LIP $30,148.74 Fees for Legal Services-April 2018 5/29/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-2/27-4/5/18 5/15/2018 Bryan Cave LIP $23,853.70 Fees for Legal Services-March 2018 5/7/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-2/14-27/18 4/9/2018 Bryan Cave LLP $56,189.09 Fees for Legal Services-Feb 2018 4/9/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Jan/Feb 3/14/2018 Bryan Cave LLP $58,782.89 Fees for Legal Services-Jan 2018 3/7/2018 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Dec/Jan 2/20/2018 Bryan Cave LLP $32,662.90 Fees for Legal Services-Dec 2017 2/2/2018 McDermot,Will&Emery LLP $10,000.00 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 $10,089.56 IRC Legislative Advocacy Matters-Oct/Nov 12/19/2017 McDermot,Will&Emery LLP $10,000.00 IRC Legislative Advocacy Matters-Sept 'Subtotal Expenses FY 17/18 5634,72558 9/30/2017 McDermot,Will&Emery LLP $10,033.78 Fees for Legal Services-Aug&Sept 9/30/2017 McDermot,Will&Emery LIP $10,000.00 IRC Legislative Advocacy Matters 9/30/2017 Bryan Cave LLP $2,995.50 Fees for Legal Services-Sept 2017 9/30/2017 Bryan Cave LLP $1,119.00 Fees for Legal Services-Aug 2017 9/27/2017 Bryan Cave LLP $13,195.60 Fees for Legal Services-July 2017 12 rrrrrir morn 17;114 1 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 $823.50 Fees for Legal Services-April 2017 5/12/2017 Bryan Cave LLP $2,608.50 - Fees for Legal Services-March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service-March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services-Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services-Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services-Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services-Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services-Dec 2016 2/20/2017 Bryan Cave LIP $53,720.93 Fees for Legal Services-Dec 2016 private activity bonds 1/24/2017 Shubin&Bass PAS $4,795.00 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services-Nov 2016-private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 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 $5,060.15 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 9/30/2016 Shubin&Bass PAS $28,277.00 Fees for Legal Services-Sept 2016 9/28/2016 Shubin&Bass PAS $22,949.40 Fees for Legal Services-Aug 2016 9/28/2016 Shubin&Bass PAS $15,581.00 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services-July 2016 9/14/2016 Bryan Cave LIP $3,457.13 Fees for Legal Services-July 2016-private activity bonds 8/16/2016 Bryan Cave LIP $72,430.59 Fees for Legal Services-June 2016-private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services-June 2016 7/27/2016 Shubin&Bass PAS $17,550.50 Fees for Legal Services-June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services-May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services-May 2016-private activity bonds ' 6/21/2016 Shubin&Bass PAS $11,591.49 Fees for Legal Services-May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services-April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services-April 2016-private activity bonds 5/24/2016 Shubin&Bass PAS $29,983.35 Fees for Legal Services-April 2016 5/3/2016 Shubin&Bass PAS $21,968.25 Fees for Legal Services-March 2016 4/19/2016 Bryan Cave LLP $19,845.75 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 $112,572.86 Fees for Legal Services-Feb 2016-private activity bonds 4/6/2016 Nabors&Giblin $150.00 Fees for Legal Services-August 2015 3/30/2016 Shubin&Bass PAS $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 $16,410.09 Fees for legal Service-Dec 2015 private activity bonds 2/9/2016 Bryan Cave LIP $6,767.90 Fees for Legal Service-Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service-Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP - $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LIP - $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds (Subtotal Expenses FY 15/16 $807,367.15 _ 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services-Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services-Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services-Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services-July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services-July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services-June 2015 private activity bonds 8/12/2015 Bryan Cave LLP . $37,687.25 Fees for Legal Services-June 2015 7/1/2015 • Bryan Cave LLP $178,503.50 Fees for Legal Services-May 2015 private activity bonds 7/1/2015 Bryan Cave LIP $37,048.25 Fees for Legal Services-May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds 6/18/2015 Nabors Giblin&Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin&Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LIP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin&Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin&Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 " Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 1 9/30/14 Bryan Cave LLP $26,975.60 - Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services 'Subtotal Expenses FY 13/14 $28,551.80 I 13 -- - - Date Vendor Amount Note 'Split between St.Lucie,Indian River,and Martin Counties Acct#00110214-033190-15023 Other Professional Services Other Professional Services Date Vendor Amount Note 5/19/2020 Atlantic Coastal Land Title $85.00 Title Search 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning [Subtotal Expenses FY 19/20 $1,200.00 I 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gail E.Flinn $350.00 Transcription Services Subtotal Expenses FY 18/19 $442.40 I 9/30/2018 Copy Charges $32.96 Copies 8/30/2018 Florida Dept of Transportation $82.84 Public Records Request-balance 7/10/2018 Florida Dept of Transportation $82.84 Public Records Request 'Subtotal Expenses FY 17/18 $198.64 4/28/2017 Martin County 50%reimbursement -$3,380.35 50%reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,Inc. $1,607.00 Drainage Reports&calculations 1/24/2017 Triad Railroad Consultants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising "Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consultants $24,758.59 Review AAF 90%&plans 9/30/2016 Atkins North Amerlca,lnc. $20,782.50 Drainage Reports&calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff I Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dylan Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 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 $570.00 Public Records -Subtotal Expenses FY 14/15 $44,810.15 I Acct#00110111-034020-15023 All Travel Travel Date Travel Amount Notes 4/24/2019 Dylan Reingold-FDFC Meeting on Brightline $400.39 4/16/2019 Tim Zorc-FDFC Meeting-Orlando $97.32 3/13/2019 Peter O'Bryan-FDFC Meeting-Orlando $111.32 3/13/2019 Bob Solari-FDFC Meeting-Orlando $92.32 12/12/2018 Kate Cotner-US Dist Court Hearing-Washington DC-expense $156.89 12/4/2018 Kate Cotner-US Dist Court Hearing-Washington DC-Hotel $174.90 12/4/2018 Kate Cotner-US Dist Court Hearing-Washington DC-Flight $373.60 (Subtotal Expenses FY 18/19 $1,406.74 I 9/30/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Kate Cotner-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/30/2018 Turn Zorc-FL Dev Finance Corp Mtg-Orlando-hotel $113.50 9/11/2018 Kate Cotner-FL Dev Finance Corp Mtg-Orlando $111.91 9/11/2018 Dylan Reingold-FL Dev Finance Corp Mtg-Orlando $122.06 9/11/2018 Peter O'Bryan-FL Dev Finance Corp Mtg-Orlando $91.52 9/4/2018 Turn Zorc-FL Dev Finance Corp Mtg-Orlando $110.45 9/4/2018 Jason E.Brown-FL Dev Finance Corp Mtg-Orlando $91.52 5/8/2018 Dylan Reingold-Capital Hill All Aboard FL Mtg $161.89 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 $548.74 "Subtotal Expenses FY 17/18 $2,420.00 9/30/2017 Delta Air $191.80 9/30/2017 American Airlines $193.20 9/30/2017 Jet Blue $168.20 9/30/2017 Jet Blue $25.00 14 Date Vendor Amount Note 9/30/2017 Bob Solari-travel to Washington DC $869.98 with OMB,Senator&Congressman&FDOT Acct#00110214-034020-15023 All Travel 9/30/2017 Kate Cotner-travel to Washington DC $768.02 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 6/28/2017 Kate Cotner-Tag Meeting $60.07 mileage to Cocoa 'Subtotal Expenses FY 16/17 53,029.76 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahassee AL P-Dylan Reingold 12/16/2015 Kimberly Graham $901.76 Fed Railway Assoc.Mtg-Washington DC 12/2/2015 Kate Cotner-FAC Legislative Conference $19.44 'Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando-Travel-FI.Dev.Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner -$5.36 Orlando-Travel-FL Dev.Finance Corp -SubtotalExpenses FY 14/15 $341.26 I Acct#11124319-033190 Other Professional Services Date Vendor Amount Notes 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring ' 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring 'Subtotal Expenses FY 14/1.5 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS --ISubtotalExpenses FY 13/14 $17,274.00 1 Total Expenses 19/20 $274,107.25 Total Expenses 18/19 $550,267.12 Total Expenses 17/18 $637,344.22 Total Expenses 16/17 $223,471.97 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 8/12/2020 $3,756,095.12 Total Board authorized budget for FY 19/20' $697,432.88 Total Board authorized budget for FY 18/19 $550,267.12 Total Board authorized budget for FY 17/18 $637,344.22 Total Board authorized budget for FY 16/17 $223,471.97 Total Board authorized budget for FY 15/16 $870,867.50 Total Board authorized budget for FY 14/15 $1,154,211.26 Total Board authorized budget for FY 13/14 $45,825.80 Total budgeted 13/14-19/20 $4,179,420.75 'Includes$200,000 donation from citizens Remaining Balance $423,325.63 15 7H INFORMATIONAL ITEM Indian River County Inter-Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: August 10, 2020 SUBJECT: 3rd Quarter FY 2019/2020 Budget Report FROM: Kristin Daniels • Budget Director, Office of Management & Budget Following is the staff report for the third quarter of 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(,..0'9 co.-C:7 •0 •O •0 •0 •0 •0 •0 ,40'..L° •0 0. ,...,S"' ..t..0') ..4....0L9 V N N N O M ,04') M V O NNININNINNINN N N N N 11 N N N N N N N N N N N N V 'n n n N. N. N. N. n n n N. n N. N. N. N. N. O O N O V O O 2 2 2 2 2 71 g1VE72�,O Q k. a 4)) .\ Indian River County Venue_Event Calendar Review For more information go to www.ircgov.com-Event Calendar FREE Covid-1 9 Testing, by:TCCH (Treasure Coast Community Health) Aug 3-31 @ IRC Fairgrounds: • 8:30 -10am, Mon. /Wed. /Fri. /—Limited tests available. No appt. needed. Community Office Hours Event Aug 20 @ North IRC Library: • loam- One on one with Commissioner Susan Adams. FREE Residential Recycling Event, by: IRC Solid Waste Disposal District August 22 @ IRC Fairgrounds: • 9am -12noon, IRC Residents Only. Recycle your old electronics & hazardous waste. • 32 JEFFREY R. SMITH, CPA, CGFO, CGMA ' & °M;'Ro Clerk of Circuit Court&Comptroller ��"° � >rcO`�`x Finance Department "µ 1801 27th Street l o o0 4 ��� a Vero Beach,FL 32960 14, TO: TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 9, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 3,2020 to July 9, 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 July 3, 2020 to July 9, 2020. 33 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 397160 07/08/2020 LOWES COMPANIES INC 2,471.69 397161 07/09/2020 LOWES COMPANIES INC 229.84 397162 07/09/2020 COMMUNICATIONS INTERNATIONAL 59,995.20 397163 07/09/2020 TEN-8 FIRE EQUIPMENT INC 1,501.74 397164 07/09/2020 RANGER CONSTRUCTION IND INC 1,170.79 397165 07/09/2020 VERO CHEMICAL DISTRIBUTORS INC 970.20 397166 07/09/2020 SAFETY PRODUCTS INC 403.80 397167 07/09/2020 DELTA SUPPLY CO 39.10 397168 07/09/2020 GRAINGER 236.64 397169 07/09/2020 KELLY TRACTOR CO 2,484.29 397170 07/09/2020 EXPRESS REEL GRINDING INC 5,416.65 397171 07/09/2020 CALL ONE INC 150.00 397172 07/09/2020 CITY ELECTRIC SUPPLY COMPANY 274.22 397173 07/09/2020 EDLUND DRITENBAS BINKLEY ARCHITECTS 4,500.00 397174 07/09/2020 DELL MARKETING LP 645.00 397175 07/09/2020 BLAKESLEE SERVICES INC 726.30 397176 07/09/2020 BAKER&TAYLOR INC 5,524.45 397177 07/09/2020 MIDWEST TAPE LLC 9.89 397178 07/09/2020 MIDWEST TAPE LLC 3,263.25 397179 07/09/2020 K&M ELECTRIC SUPPLY 38.19 397180 07/09/2020 CENGAGE LEARNING INC 556.29 397181 07/09/2020 PALM TRUCK CENTERS INC 4,063.07 397182 07/09/2020 JIMMYS AIR&REFRIGERATION INC 412.45 397183 07/09/2020 COMMUNITY ASPHALT CORP 23,284.20 397184 07/09/2020 CLERK OF CIRCUIT COURT 4,050.75 397185 07/09/2020 CITY OF VERO BEACH 5,808.21 397186 07/09/2020 FLORIDA DEPT OF AGRICULTURE AND 100.00 397187 07/09/2020 FEDERAL EXPRESS CORP 48.62 397188 07/09/2020 TYLER TECHNOLOGIES INC 30,000.00 397189 07/09/2020 CITY OF SEBASTIAN 3,438.23 397190 07/09/2020 CITY OF SEBASTIAN 10.00 397191 07/09/2020 TIMOTHY ROSE CONTRACTING INC 93,961.31 397192 07/09/2020 FLORIDA POWER AND LIGHT 69,696.21 397193 07/09/2020 FLORIDA POWER AND LIGHT 6,986.25 397194 07/09/2020 AMERICAN PLANNING ASSOCIATION 70.00 397195 07/09/2020 GLOBAL GOLF SALES INC 276.42 397196 07/09/2020 BUILDING OFFICIALS ASSOC OF FLORIDA 1,783.42 397197 07/09/2020 GREY HOUSE PUBLISHING 468.00 397198 07/09/2020 FLORIDA DEPT OF FINANCIAL SERVICES 8,652.69 397199 07/09/2020 TRANE US INC 1,360.00 397200 07/09/2020 CELICO PARTNERSHIP 2,925.88 397201 07/09/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 397202 07/09/2020 MBV ENGINEERING INC 5,400.00 397203 07/09/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 425.75 397204 07/09/2020 GLOBALSTAR USA 190.73 397205 07/09/2020 FISHER&PHILLIPS LLP 4,735.57 397206 07/09/2020 WINSUPPLY OF VERO BEACH 367.20 397207 07/09/2020 BRANDIT CORPORATION 157.00 397208 07/09/2020 CHEMETRICS INC 490.93 397209 07/09/2020 OVERDRIVE INC 1,550.89 397210 07/09/2020 MOORE MOTORS INC 229.69 397211 07/09/2020 WILD TURKEY ESTATES OF VERO LLC 4,370.16 397212 07/09/2020 CARDINAL HEALTH 110 INC 924.97 397213 07/09/2020 BURNETT LIME CO INC 12,756.80 397214 07/09/2020 SOUTHWIDE INDUSTRIES INC 78,841.97 397215 07/09/2020 SOUTHERN MANAGEMENT LLC 24,450.00 397216 07/09/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 722.70 397217 07/09/2020 HAWKINS INC 797.50 34 TRANS NBR DATE VENDOR AMOUNT 397218 07/09/2020 CATHEDRAL CORPORATION 709.67 397219 07/09/2020 UNIFIRST CORPORATION 886.11 397220 07/09/2020 CCNK LLC 18,300.00 397221 07/09/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 419.09 397222 07/09/2020 MATHESON TRI-GAS INC 4,162:88 397223 07/09/2020 CANARX GROUP INC 2,049.00 397224 07/09/2020 COLE AUTO SUPPLY INC 4,064.47 397225 07/09/2020 HUMAN RESOURCE CERTIFICATION INSTITUTE INC 169.00 397226 07/09/2020 RELX INC 400.00 397227 07/09/2020 ENVIRONMENTAL OPERATING SOLUTION INC 8,097.25 397228 07/09/2020 CALVIN GIORDANO&ASSOCIATES INC 27,508.13 397229 07/09/2020 APTIM COASTAL PLANNING&ENGINEERING INC 5,922.90 397230 07/09/2020 CORE&MAIN LP 557.10 397231 07/09/2020 ENGINEERED SERVICES INC 810.00 397232 07/09/2020 TYCO FIRE&SECURITY MANAGEMENT INC 4,205.00 397233 07/09/2020 AMAZON CAPITAL SERVICES INC 1,850.01 397234 07/09/2020 W&J CONSTRUCTION CORP 67,572.28 397235 07/09/2020 PIRATE PEST CONTROL LLC 9.00 397236 07/09/2020 JORDAN POWER EQUIPMENT CORP 493.81 397237 07/09/2020 LIBERTY TIRE RECYCLING LLC 2,981.98 397238 07/09/2020 MILLS SHORT&ASSOCIATES 7,686.88 397239 07/09/2020 MULLINAX FORD OF VERO BEACH 2,060.39 397240 07/09/2020 APTIM CORP 57,032.76 397241 07/09/2020 CIVICPLUS LLC 22,417.48 397242 07/09/2020 KRONOS SAASHR INC 3,420.35 397243 07/09/2020 XGD SYSTEMS LLC 55,760.94 397244 07/09/2020 BLUE GOOSE CONSTRUCTION LLC 580.58 397245 07/09/2020 STAPLES INC 190.11 397246 07/09/2020 LOWES COMPANIES INC 865.31 397247 07/09/2020 PEOPLEREADY INC 6,466.30 397248 07/09/2020 GOMEZ BROTHERS ENTERPRISES INC 4,849.00 397249 07/09/2020 TECH SYSTEMS INC 44,673.75 397250 07/09/2020 JEFFREY ALAN BRAUER 300.00 397251 07/09/2020 JARROD CANNON 945.00 397252 07/09/2020 WILLOWS OF IRC HOA 37.28 397253 07/09/2020 CARLA D'AURIA 90.00 Grand Total: 843,018.91 35 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900632 07/09/2020 CREATIVE CHOICE HOMES XVI LTD 18,345.00 900633 07/09/2020 PELICAN ISLES LP 92.00 Grand Total: 18,437.00 • 36 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1016830 07/06/2020 OFFICE DEPOT INC 639.61 1016831 07/06/2020 COMCAST 216.90 1016832 07/06/2020 WASTE MANAGEMENT INC OF FLORIDA 624.33 1016833 07/08/2020 OFFICE DEPOT INC 2,437.99 1016834 07/08/2020 WASTE MANAGEMENT INC OF FLORIDA 8,779.35 1016835 07/09/2020 INDIAN RIVER BATTERY 141.45 1016836 07/09/2020 ALLIED UNIVERSAL CORP 2,478.05 1016837 07/09/2020 GROVE WELDERS INC 728.70 1016838 07/09/2020 RECORDED BOOKS LLC 280.20 1016839 07/09/2020 JOHN DEERE COMPANY 16,490.52 1016840 07/09/2020 SOUTHERN COMPUTER WAREHOUSE INC 80.74 1016841 07/09/2020 COMO OIL COMPANY OF FLORIDA 38.44 1016842 07/09/2020 METRO FIRE PROTECTION SERVICES INC 653.44 1016843 07/09/2020 STAT MEDICAL DISPOSAL INC 500.00 1016844 07/09/2020 GUARDIAN ALARM OF FLORIDA LLC 1,296.25 1016845 07/09/2020 EFE INC 5,271.18 1016846 07/09/2020 PACE ANALYTICAL SERVICES LLC 108.00 1016847 07/09/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 110.82 1016848 07/09/2020 AT&T CORP 548.86 1016849 07/09/2020 OFFICE DEPOT INC 241.95 1016850 07/09/2020 WASTE MANAGEMENT INC OF FLORIDA 261.26 Grand Total: 41,928.04 37 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7779 07/07/2020 ALLSTATE 175.92 7780 07/07/2020 FL RETIREMENT SYSTEM 720,330.29 7781 07/07/2020 AMERICAN FAMILY LIFE ASSURANCE CO 21,398.53 7782 07/07/2020 MUTUAL OF OMAHA 7,438.72 7783 07/07/2020 VERO HERITAGE INC 2,285.00 7784 07/07/2020 VEROTOWN LLC 12,071.63 7785 07/08/2020 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 39,655.00 7786 07/08/2020 MUTUAL OF OMAHA 19,148.43 7787 07/08/2020 CHARD SNYDER&ASSOCIATES INC 92.00 7788 07/08/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,225.40 7789 07/09/2020 RX BENEFITS INC 269,704.13 Grand Total: 1,096,525.05 38 .613 JEFFREY R. SMITH, CPA, CGFO, CGMA °MNo Clerk of Circuit Court&Comptroller Z4 ` °O%w�<� Finance Department °u ■ 1801 27th Street o o Vero Beach,FL 32960 , „C�.6"�oe �fROU41y TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 16, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 10,2020 to July 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 July 10, 2020 to July 16, 2020. 39 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 397254 07/10/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 397255 07/10/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 397256 07/10/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 397257 07/10/2020 NORTH CAROLINA CHILD SUPPORT 105.69 397258 07/10/2020 AMERITAS 30,800.48 397259 07/10/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 397260 07/10/2020 TX CHILD SUPPORT SDU 163.85 397261 07/13/2020 SBL FREIGHTLINER LLC 142,990.00 397262 07/16/2020 CATHCO INC 65,087.00 397263 07/16/2020 PORT CONSOLIDATED INC 2,372.97 397264 07/16/2020 STURGIS LUMBER&PLYWOOD CO 74.46 397265 07/16/2020 SUNCOAST WELDING SUPPLIES INC 258.71 397266 07/16/2020 RANGER CONSTRUCTION IND INC 570.13 397267 07/16/2020 VERO CHEMICAL DISTRIBUTORS INC 144.30 397268 07/16/2020 RICOH USA INC 29.00 397269 07/16/2020 VERMEER SOUTHEAST 7,842.26 397270 07/16/2020 SAFETY PRODUCTS INC 482.95 397271 07/16/2020 AT&T WIRELESS 669.77 397272 07/16/2020 PARALEE COMPANY INC 600.00 397273 07/16/2020 B G KENN INC 167.20 397274 07/16/2020 GENES AUTO GLASS INC 200.00 397275 07/16/2020 REPUBLIC SERVICES INC 506,308.98 397276 07/16/2020 JIMMYS TREE SERVICE 200.00 397277 07/16/2020 BOUND TREE MEDICAL LLC 3,983.56 397278 07/16/2020 TIRESOLES OF BROWARD INC 688.76 397279 07/16/2020 CITY ELECTRIC SUPPLY COMPANY 120.88 397280 07/16/2020 CHILDCARE RESOURCES OF IRC INC 10,335.66 397281 07/16/2020 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,000.00 397282 07/16/2020 DELL MARKETING LP 5,388.58 397283 07/16/2020 BAKER&TAYLOR INC 4,554.35 397284 07/16/2020 COMPUTYPE INC 483.42 397285 07/16/2020 BRANDTS APPLIANCE SERVICE INC 44.90 397286 07/16/2020 MIDWEST TAPE LLC 1,938.90 397287 07/16/2020 BAKER DISTRIBUTING CO LLC 185.04 397288 07/16/2020 CENGAGE LEARNING INC 299.96 397289 07/16/2020 PALM TRUCK CENTERS INC 1,862.16 397290 07/16/2020 JIMIVIYS AIR&REFRIGERATION INC 340.00 397291 07/16/2020 SOFTWARE HARDWARE INTEGRATION 774.40 397292 07/16/2020 CLERK OF CIRCUIT COURT 110.77 397293 07/16/2020 CLERK OF CIRCUIT COURT 2,379.95 397294 07/16/2020 INDIAN RIVER COUNTY HEALTH DEPT 22,919.43 397295 07/16/2020 CITY OF VERO BEACH 804.24 397296 07/16/2020 UNITED WAY OF INDIAN RIVER COUNTY 594.94 397297 07/16/2020 AT&T CORP 7,310.80 397298 07/16/2020 AT&T CORP 657.74 397299 07/16/2020 AT&T CORP 162.30 397300 07/16/2020 FLORIDA GOVERNMENT FINANCE 50.00 397301 07/16/2020 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 11,214.18 397302 07/16/2020 JANITORIAL DEPOT OF AMERICA INC 162.57 397303 07/16/2020 FLORIDA FISH&WILDLIFE 3,616.28 397304 07/16/2020 PUBLIX SUPERMARKETS 125.00 397305 07/16/2020 VERO BEACH HIGH SCHOOL 450.00 397306 07/16/2020 ACUSHNET COMPANY 1,048.35 397307 07/16/2020 GEOSYNTEC CONSULTANTS INC 13,983.60 397308 07/16/2020 TIMOTHY ROSE CONTRACTING INC 33,295.50 397309 07/16/2020 TIMOTHY ROSE CONTRACTING INC 65,919.84 397310 07/16/2020 CALLAWAY GOLF SALES COMPANY 424.10 397311 07/16/2020 SUBSTANCE AWARENESS COUNCIL OF IRC INC 95.00 40 TRANS NBR DATE VENDOR AMOUNT 397312 07/16/2020 FLORIDA POWER AND LIGHT 14,064.01 397313 07/16/2020 FLORIDA POWER AND LIGHT 437.10 397314 07/16/2020 PUBLIC DEFENDER 9,097.13 397315 07/16/2020 TAYLOR MADE GOLF CO INC 226.82 397316 07/16/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 14,398.00 397317 07/16/2020 STATE ATTORNEY 21,419.38 397318 07/16/2020 CITY OF FELL SMERE 37.53 397319 07/16/2020 PEACE RIVER ELECTRIC COOP INC 250.32 397320 07/16/2020 GLOBAL GOLF SALES INC 733.68 397321 07/16/2020 WASTE MANAGEMENT INC 201,667.30 397322 07/16/2020 TOCOMA RUBBER STAMP&MARKING SYSTEM 21.19 397323 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 397324 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 397325 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 397326 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 397327 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 300.00 397328 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 70.00 397329 07/16/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 525.00 397330 07/16/2020 IRC HEALTHY START COALITION INC 2,500.00 397331 07/16/2020 IRC HEALTHY START COALITION INC 2,711.44 397332 07/16/2020 IRC HEALTHY START COALITION INC 4,166.66 397333 07/16/2020 IRC HEALTHY START COALITION INC 2,500.00 397334 07/16/2020 IRC HEALTHY START COALITION INC 833.34 397335 07/16/2020 BE SAFE SECURITY ALARMS INC 140.00 397336 07/16/2020 GREY HOUSE PUBLISHING 163.00 397337 07/16/2020 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 397338 07/16/2020 PITNEY BOWES INC 201.00 397339 07/16/2020 NEXTRAN CORPORATION 355.53 397340 07/16/2020 G K ENVIRONMENTAL INC 7,500.00 397341 07/16/2020 CHILDRENS HOME SOCIETY OF FL 4,779.83 397342 07/16/2020 TLC DIVERSIFIED INC 305,253.00 397343 07/16/2020 BRIDGESTONE AMERICAS INC 1,415.35 397344 07/16/2020 ENVISIONWARE INC 67,475.00 397345 07/16/2020 THE PALMS AT VERO BEACH 450.00 397346 07/16/2020 PUKKA INC 1,624.80 397347 07/16/2020 GLOBAL EQUIPMENT CO INC 8,140.00 397348 . 07/16/2020 HULETT ENVIRONMENTAL SERVICES 160.00 397349 07/16/2020 CELICO PARTNERSHIP 1,286.59 397350 07/16/2020 CINTAS CORPORATION NO 2 60.32 397351 07/16/2020 ELECTRONIC ACCESS SPECIALIST 45.74 397352 07/16/2020 SYNAGRO-WWT INC 36,026.95 397353 07/16/2020 BIG BROTHERS AND BIG SISTERS 1,250.00 397354 07/16/2020 BIG BROTHERS AND BIG SISTERS 7,371.91 397355 07/16/2020 DASIE BRIDGEWATER HOPE CENTER INC 4,430.20 397356 07/16/2020 MICHAEL THIELE 50.00 397357 07/16/2020 THE SHERWIN WILLIAMS CO 56.29 397358 07/16/2020 SOUTHERN JANITOR SUPPLY INC 2,694.26 397359 07/16/2020 JOHNS EASTERN COMPANY INC 54,636.25 397360 07/16/2020 OCLC ONLINE COMPUTER LIBRARY CENTER 470.40 397361 07/16/2020 PELICAN ISLES LP 400.00 397362 07/16/2020 GLOVER OIL COMPANY INC 26,171.20 397363 07/16/2020 ORCHID ISLAND PROPERTY MGMT II INC 325.00 397364 07/16/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 602.03 397365 07/16/2020 EARLY LEARNING COALITION OF INDIAN RIVER 8,531.30 397366 07/16/2020 GERTRUDE TEAGUE 9.84 397367 07/16/2020 VATLAND IMPORTS INC 79.66 397368 07/16/2020 KWACKS INC 1,685.00 397369 07/16/2020 YOUTH GUIDANCE DONATION FUND 2,083.33 397370 07/16/2020 WINSUPPLY OF VERO BEACH 273.65 397371 07/16/2020 RANGE SERVANT AMERICA INC 1,235.86 41 TRANS NBR DATE VENDOR AMOUNT 397372 07/16/2020 HELPING ANIMALS LIVE-OVERCOME 30.00 397373 07/16/2020 211 PALM BEACH/TREASURE COAST INC 10,642.00 397374 07/16/2020 MURPHY&WALKER P L 4,121.25 397375 07/16/2020 TREKKER TRACTOR LLC 91.22 397376 07/16/2020 OVERDRIVE INC 2,258.40 397377 07/16/2020 XYLEM WATER SOLUTION USA INC 11,001.00 397378 07/16/2020 MOORE MOTORS INC 84.50 397379 07/16/2020 JOSHUA HARVEY GHIZ 549.00 397380 07/16/2020 WILD TURKEY ESTATES OF VERO LLC 4,250.96 397381 07/16/2020 CARDINAL HEALTH 110 INC 878.66 397382 07/16/2020 MUNICIPAL EMERGENCY SERVICES INC 2,237.82 397383 07/16/2020 LEARNING ALLIANCE 4,278.75 397384 07/16/2020 DECKMASTERS LLC 600.00 397385 07/16/2020 COAST TO COAST COMPUTER PRODUCTS INC 1,094.25 397386 07/16/2020 NAPIER&ROLLIN PLLC 315.00 397387 07/16/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,393.00 397388 07/16/2020 UNIFIRST CORPORATION 150.15 397389 07/16/2020 JDS GRAPHICS DESIGN INC 899.62 397390 07/16/2020 CDA SOLUTIONS INC 17,228.57 397391 07/16/2020 SCHUMACHER AUTOMOTIVE DELRAY LLC 654.70 397392 07/16/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 762.59 397393 07/16/2020 FLORIDA EAST COAST HOLDINGS CORP 13,918.08 397394 07/16/2020 EAST COAST RECYCLING INC 2,274.45 397395 07/16/2020 AC VETERINARY SPECIALTY SERVICES 137.48 397396 07/16/2020 COVERALL NORTH AMERICA INC 2,230.00 397397 07/16/2020 COLE AUTO SUPPLY INC 2,360.60 397398 07/16/2020 RHOADES O S AIR&HEAT 9,800.00 397399 07/16/2020 NKW PIP HOLDINGS I LLC 1,399.00 397400 07/16/2020 FLORIDA BULB&BALLAST INC 25,875.00 397401 07/16/2020 VEOLIA WATER TECHNOLOGIES INC 112,511.69 397402 07/16/2020 CORE&MAIN LP 22,055.00 397403 07/16/2020 ULINE INC 405.07 397404 07/16/2020 DJD EQUIPMENT HOLDINGS LLC 76,450.74 397405 07/16/2020 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,908.00 397406 07/16/2020 ALIBRIS 287.80 397407 07/16/2020 DANE CONTRACTING INC 17,115.00 397408 07/16/2020 GYRO-TRAC CORPORATION 17,500.00 397409 07/16/2020 DIRECTV GROUP INC 61.99 397410 07/16/2020 VELMAXXX ENTERPRISES INC 408.42 397411 07/16/2020 HINTERLAND GROUP INC 155,895.00 397412 07/16/2020 AMAZON CAPITAL SERVICES INC 3,485.23 397413 07/16/2020 PIRATE PEST CONTROL LLC 14.00 397414 07/16/2020 CALITEN LLC 36.61 397415 07/16/2020 AMERIGAS PROPANE LP 3,788.45 397416 07/16/2020 ITW FOOD EQUIPMENT GROUP LLC 1,075.77 397417 07/16/2020 JORDAN POWER EQUIPMENT CORP 9,780.76 397418 07/16/2020 MULLINAX FORD OF VERO BEACH 115.96 397419 07/16/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 721.33 397420 07/16/2020 DESK SPINCO INC 3,761.28 397421 07/16/2020 SUNBELT HYDRAULIC&EQUIPMENT INC 2,060.96 397422 07/16/2020 CBIZ OPERATIONS INC 3,200.00 397423 07/16/2020 WOLSELEY INVESTMENTS INC 4,312.00 397424 07/16/2020 BLUE GOOSE CONSTRUCTION LLC 2,268.98 397425 07/16/2020 BLUE GOOSE CONSTRUCTION LLC 21,292.00 397426 07/16/2020 STAPLES INC 10,858.42 397427 07/16/2020 LOWES COMPANIES INC 2,842.69 397428 07/16/2020 PEOPLEREADY INC 3,382.12 397429 07/16/2020 MILLENNIUM CREMATORY LLC 425.00 397430 07/16/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 500.00 397431 07/16/2020 LUMENEST LIGHTING INC OF FLORIDA 20,430.00 42 TRANS NBR DATE VENDOR AMOUNT 397432 07/16/2020 VIRGINIA W RUSSELL FAMILY LIMITED PARTNERSHIP 27,950.00 397433 07/16/2020 SCYTHE ROBOTICS INC 996.50 397434 07/16/2020 BLUEBEAM INC 2,244.00 397435 07/16/2020 HILLARD BARRY CONSTRUCTION INC 2,024.52 397436 07/16/2020 KARI PRITCHETT 260.00 397437 07/16/2020 SANDCREST HOA 31.95 397438 07/16/2020 CARLOS A.VIZCARRA MD PA 56.67 397439 07/16/2020 HILLTOP SECURITIES INC 1,000.00 397440 07/16/2020 7TH DAY ADVENTIST CHURCH 150.00 397441 07/16/2020 UTIL REFUNDS 649.38 397442 07/16/2020 UTIL REFUNDS 85.82 397443 07/16/2020 UTIL REFUNDS 45.44 397444 07/16/2020 UTIL REFUNDS 66.44 397445 07/16/2020 UTIL REFUNDS 68.49 397446 07/16/2020 UTIL REFUNDS 20.54 397447 07/16/2020 UTIL REFUNDS 25.40 397448 07/16/2020 UTIL REFUNDS 5.55 397449 07/16/2020 UTIL REFUNDS 54.06 397450 07/16/2020 UTIL REFUNDS 1.88 397451 07/16/2020 UTIL REFUNDS 173.22 397452 07/16/2020 UTIL REFUNDS 81.18 397453 07/16/2020 UTIL REFUNDS 33.81 397454 07/16/2020 UTIL REFUNDS 8.67 397455 07/16/2020 UTIL REFUNDS 65.42 397456 07/16/2020 UTIL REFUNDS 53.00 397457 07/16/2020 UTIL REFUNDS 69.71 397458 07/16/2020 UTIL REFUNDS 90.54 397459 07/16/2020 UTIL REFUNDS 87.17 397460 07/16/2020 UTIL REFUNDS 79.04 397461 07/16/2020 UTIL REFUNDS 6.30 397462 07/16/2020 UTIL REFUNDS 44.20 397463 07/16/2020 UTIL REFUNDS 340.68 397464 07/16/2020 UTIL REFUNDS 260.24 397465 07/16/2020 UTIL REFUNDS 3.38 397466 07/16/2020 UTIL REFUNDS 72.88 397467 07/16/2020 UTIL REFUNDS 20.67 397468 07/16/2020 UTIL REFUNDS 28.53 397469 07/16/2020 UTIL REFUNDS 75.08 397470 07/16/2020 UTIL REFUNDS 304.67 397471 07/16/2020 UTIL REFUNDS 100.00 397472 07/16/2020 UTIL REFUNDS 5.19 397473 07/16/2020 UTIL REFUNDS 50.24 397474 07/16/2020 UTIL REFUNDS 98.78 397475 07/16/2020 UTIL REFUNDS 23.22 397476 07/16/2020 UTIL REFUNDS 76.47 397477 07/16/2020 UTIL REFUNDS 86.23 397478 07/16/2020 UTIL REFUNDS 683.58 397479 07/16/2020 UTIL REFUNDS 64.34 397480 07/16/2020 UTIL REFUNDS 62.58 397481 07/16/2020 UTIL REFUNDS 1.48 397482 07/16/2020 UTIL REFUNDS 84.64 397483 07/16/2020 UTIL REFUNDS 63.34 397484 07/16/2020 UTIL REFUNDS 74.24 397485 07/16/2020 DAVID&ELAINE HODGKINSON 100.00 397486 07/16/2020 RANGER CONSTRUCTION IND INC 1,410.51 Grand Total: 2,444,127.35 43 ELECTRONIC PAYMENT- VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1016851 07/10/2020 AT&T CORP 10,339.87 1016852 07/10/2020 OFFICE DEPOT INC 346.82 1016853 07/10/2020 COMCAST 99.95 1016854 07/10/2020 WASTE MANAGEMENT INC OF FLORIDA 2,067.79 1016855 07/15/2020 AT&T CORP 18,710.12 1016856 07/15/2020 WASTE MANAGEMENT INC OF FLORIDA 8,700.00 1016857 07/16/2020 METAL CULVERTS INC 1,670.25 1016858 07/16/2020 COLD AIR DISTRIBUTORS WAREHOUSE 538.96 1016859 07/16/2020 INDIAN RIVER BATTERY 5,563.80 1016860 07/16/2020 INDIAN RIVER OXYGEN INC 256.00 1016861 07/16/2020 RING POWER CORPORATION 1,148.19 1016862 07/16/2020 DEMCOINC 382.26 1016863 07/16/2020 MIKES GARAGE&WRECKER SERVICE INC 413.00 1016864 07/16/2020 APPLE INDUSTRIAL SUPPLY CO 103.02 1016865 07/16/2020 MEEKS PLUMBING INC 2,140.00 1016866 07/16/2020 ABCO GARAGE DOOR CO INC 1,118.50 1016867 07/16/2020 ALLIED UNIVERSAL CORP 9,937.09 1016868 07/16/2020 GROVE WELDERS INC 895.20 1016869 07/16/2020 APPLE MACHINE&SUPPLY CO 162.42 1016870 07/16/2020 TOTAL TRUCK PARTS INC 996.69 1016871 07/16/2020 COMO OIL COMPANY OF FLORIDA 77.00 1016872 07/16/2020 COMPLETE ELECTRIC INC 615.00 1016873 07/16/2020 STRYKER SALES CORP 688.80 1016874 07/16/2020 RECHTIEN INTERNATIONAL TRUCKS 410.76 1016875 07/16/2020 METRO FIRE PROTECTION SERVICES INC 868.75 1016876 07/16/2020 PROTRANSMASTERS II INC 3,566.30 1016877 07/16/2020 AUTO PARTNERS LLC 838.64 1016878 07/16/2020 L&L DISTRIBUTORS 353.34 1016879 07/16/2020 STAT MEDICAL DISPOSAL INC 200.00 1016880 07/16/2020 FPS OFFICE SOLUTIONS LLC 8,086.16 1016881 07/16/2020 EFE INC 16,240.24 1016882 07/16/2020 PACE ANALYTICAL SERVICES LLC 972.00 Grand Total: 98,506.92 44 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7790 07/10/2020 TOTAL ADMINISTRATIVE SERVICES CORP 12,665.17 7791 07/10/2020 IRS-PAYROLL TAXES 496,358.57 7792 07/10/2020 FL SDU 5,220.39 7793 07/10/2020 INDIAN RIVER COUNTY SHERIFF 2,320.00 7794 07/10/2020 NATIONAL METERING SERVICES INC 31,646.25 7795 07/10/2020 KIMLEY HORN&ASSOC INC 2,413.87 7796 07/10/2020 NATIONAL METERING SERVICES INC 39,442.05 7797 07/10/2020 HIGHMARK STOP LOSS 68,905.10 7798 07/10/2020 IRC FIRE FIGHTERS ASSOC 9,388.08 7799 07/10/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 63,708.57 7800 07/10/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,033.83 7801 07/10/2020 FLORIDA DEPARTMENT OF REVENUE 526.67 7802 07/10/2020 FLORIDA DEPARTMENT OF REVENUE 14,452.54 7803 07/10/2020 FLORIDA DEPARTMENT OF REVENUE 807.87 7804 07/10/2020 FLORIDA DEPARTMENT OF REVENUE 2,547.52 7805 07/10/2020 VEROTOWN LLC 76,906.60 7806 07/14/2020 SCHOOL DISTRICT OF I R COUNTY 88,138.00 7807 07/16/2020 FLORIDA DEPARTMENT OF BUSINESS AND 23,544.56 7808 07/16/2020 IRS-PAYROLL TAXES 11,545.51 7809 07/16/2020 WRIGHT EXPRESS FSC 17,816.58 7810 07/16/2020 RX BENEFITS INC 2,136.00 Grand Total: 977,523.73 45 qe JEFFREY R. SMITH, CPA, CGFO, CGMA � 4 ss°°uwry Clerk of Circuit Court&Comptroller Q°` °% in Finance Department " 1, 70 1801 27th Street • Vero Beach,FL 32960 ' ti4,7,4..0, oe TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 23, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 17, 2020 to July 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 July 17, 2020 to July 23,2020. 46 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 397487 07/23/2020 PORT CONSOLIDATED INC 659.51 397488 07/23/2020 TEN-8 FIRE EQUIPMENT INC 159.25 397489 07/23/2020 VERO CHEMICAL DISTRIBUTORS INC 127.80 397490 07/23/2020 LUCAS WATERPROOFING CO LLC 300.00 397491 07/23/2020 PALMDALE OIL COMPANY INC 25,289.18 397492 07/23/2020 RICOH USA INC 162.98 397493 07/23/2020 RICOH USA INC 26.20 397494 07/23/2020 SAFETY PRODUCTS INC 587.50 397495 07/23/2020 AT&T WIRELESS 2,987.22 397496 07/23/2020 DATA FLOW SYSTEMS INC 4,219.99 397497 07/23/2020 E-Z BREW COFFEE&BOTTLE WATER SVC 5.00 397498 07/23/2020 KELLY TRACTOR CO 263.38 397499 07/23/2020 SAFETY KLEEN SYSTEMS INC 973.90 397500 07/23/2020 MCMASTER CARR SUPPLY CO 3,243.52 397501 07/23/2020 HACH CO 2,349.36 397502 07/23/2020 CLIFF BERRY INC 665.70 397503 07/23/2020 AVERY DENNISON CORPORATION 5,060.40 397504 07/23/2020 SWE INC 1,250.00 397505 07/23/2020 EXPRESS REEL GRINDING INC 3,500.00 397506 07/23/2020 TIRESOLES OF BROWARD INC 460.00 397507 07/23/2020 DELL MARKETING LP 1,949.69 397508 07/23/2020 BAKER&TAYLOR INC 1,079.62 397509 07/23/2020 BRANDTS APPLIANCE SERVICE INC 94.00 397510 07/23/2020 MIDWEST TAPE LLC 29.98 397511 07/23/2020 VERO COLLISION CENTER 6,194.21 397512 07/23/2020 PALM TRUCK CENTERS INC 166.04 397513 07/23/2020 SOFTWARE HARDWARE INTEGRATION 25,854.39 397514 07/23/2020 BOYS&GIRLS CLUB OF INDIAN 2,500.00 397515 07/23/2020 CITY OF VERO BEACH 3,626.97 397516 07/23/2020 AT&T CORP 1,882.82 397517 07/23/2020 PETTY CASH 69.35 397518 07/23/2020 FLORIDA GOVERNMENT FINANCE 150.00 397519 07/23/2020 TREASURE COAST HOMELESS SERVICES 32,790.66 397520 07/23/2020 HENRY FISCHER&SONS INC 760.00 397521 07/23/2020 ROGER CLEVELAND GOLF INC 82.25 397522 07/23/2020 FEDERAL EXPRESS CORP 145.17 397523 07/23/2020 CENTRAL A/C&REFRIGERATION SUPPLY INC 80.69 397524 07/23/2020 FLORIDA POWER AND LIGHT 47,189.35 397525 07/23/2020 FLORIDA POWER AND LIGHT 2,721.07 397526 07/23/2020 TAYLOR MADE GOLF CO INC 262.57 397527 07/23/2020 CITY OF FELLSMERE 564.00 397528 07/23/2020 NEW HORIZONS OF THE TREASURE COAST 26,657.00 397529 07/23/2020 LANGUAGE LINE SERVICES INC 10.32 397530 07/23/2020 TREASURE COAST SPORTS COMMISSION INC 5,308.70 397531 07/23/2020 IRC HEALTHY START COALITION INC 5,000.00 397532 07/23/2020 IRC HEALTHY START COALITION INC 5,069.51 397533 07/23/2020 IRC HEALTHY START COALITION INC 3,101.20 397534 07/23/2020 IRC HEALTHY START COALITION INC 5,000.00 397535 07/23/2020 IRC HEALTHY START COALITION INC 1,666.68 397536 07/23/2020 FLORIDA STATE GOLF ASSOCIATION 754.00 397537 07/23/2020 BE SAFE SECURITY ALARMS INC 209.70 397538 07/23/2020 ESRI INC 3,797.26 397539 07/23/2020 ARNOLD AIR CONDITONING INC 1,619.30 397540 07/23/2020 CHILDRENS HOME SOCIETY OF FL 2,250.00 397541 07/23/2020 INTERNATIONAL CODE COUNCIL INC 50.45 397542 07/23/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 16,538.83 397543 07/23/2020 ECONOLITE CONTROL PRODUCTS INC 638.00 397544 07/23/2020 MARONDA HOMES INC OF FLORIDA 9,632.00 47 TRANS NBR DATE VENDOR AMOUNT 397545 07/23/2020 THE AVANTI COMPANY INC 1,002.00 397546 07/23/2020 TRANE US INC 2,698.94 397547 07/23/2020 CELICO PARTNERSHIP 3,284.14 397548 07/23/2020 CINTAS CORPORATION NO 2 195.94 397549 07/23/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 397550 07/23/2020 FLORIDA RURAL LEGAL SERVICES INC 2,982.88 397551 07/23/2020 FASTENAL COMPANY 397.90 397552 07/23/2020 THE SHERWIN WILLIAMS CO 27.14 397553 07/23/2020 SOUTHERN JANITOR SUPPLY INC 324.11 397554 07/23/2020 MASTELLER&MOLER INC 28,059.00 397555 07/23/2020 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 9,173.23 397556 07/23/2020 ORCHID ISLAND PROPERTY MGMT II INC 6,996.00 397557 07/23/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,586.82 397558 07/23/2020 COMMUNICATIONS BROKERS&CONSULTANTS INC 1.96 397559 07/23/2020 REDLANDS CHRISTIAN MIGRANT ASSOC 22,554.34 397560 07/23/2020 ARC OF INDIAN RIVER COUNTY 7,766.00 397561 07/23/2020 KWACKS INC 1,809.00 397562 07/23/2020 NICOLACE MARKETING INC 16,434.81 397563 07/23/2020 EQ THE ENVIRONMENTAL QUALITY COMPANY 17,063.91 397564 07/23/2020 LAKESIDE EQUIPMENT CORPORATION 73,361.00 397565 07/23/2020 FLORIDA ARMATURE WORKS INC 9,622.05 397566 07/23/2020 AUTOMATIONDIRECT.COM INC 93.50 397567 07/23/2020 PROMATIC INC 1,831.67 397568 07/23/2020 THOMAS C QUINA 450.00 397569 07/23/2020 REPROGRAPHIC SOLUTIONS INC 2.70 397570 07/23/2020 CARDINAL HEALTH 110 INC 1,319.58 397571 07/23/2020 BURNETT LIME CO INC 19,076.40 397572 07/23/2020 LEARNING ALLIANCE 11,197.50 397573 07/23/2020 0 SPORTSWEAR LLC 520.78 397574 07/23/2020 STRAIGHT OAK LLC 244.80 397575 07/23/2020 C E R SIGNATURE CLEANING 2,600.00 397576 07/23/2020 SAMBA HOLDINGS INC 1,493.81 397577 07/23/2020 REI ENGINEERS INC 1,500.00 397578 07/23/2020 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 397579 07/23/2020 THE TRANSIT GROUP INC 32,831.38 397580 07/23/2020 CATHEDRAL CORPORATION 40,924.81 397581 07/23/2020 UNIFIRST CORPORATION 4,087.24 397582 07/23/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 87.95 397583 07/23/2020 GOTTA GO GREEN ENTERPISES INC 213.36 397584 07/23/2020 ADVANCE STORES COMPANY INCORPORATED 266.85 397585 07/23/2020 COLE AUTO SUPPLY INC 3,881.53 397586 07/23/2020 PRP CONSTRUCTION GROUP LLC 101,420.10 397587 07/23/2020 FORERUNNER TECHNOLOGIES INC 162.50 397588 07/23/2020 FLORIDA BULB&BALLAST INC 15,304.40 397589 07/23/2020 CALVIN GIORDANO&ASSOCIATES INC26,520.00 397590 07/23/2020 LOCKTON COMPANIES 22,375.00 397591 07/23/2020 JOE PAYNE INC 44,853.12 397592 07/23/2020 FLOMOTIONS SYSTEMS INC 610.00 397593 07/23/2020 ABISCOM INC 366.68 397594 07/23/2020 TYKES&TEENS INC 9,613.77 397595 07/23/2020 OSBURN ASSOCIATES INC 2,468.60 397596 07/23/2020 WILLIAM THOMAS FRITZ 128.26 397597 07/23/2020 AMAZON CAPITAL SERVICES INC 12,338.35 397598 07/23/2020 LOGMEIN USA INC 1,188.00 397599 07/23/2020 PIRATE PEST CONTROL LLC 2,114.00 397600 07/23/2020 THE HOPE FOR FAMILIES CENTER INC 5,600.29 397601 07/23/2020 JORDAN POWER EQUIPMENT CORP 1,262.46 397602 07/23/2020 DESK SPINCO INC 398.03 397603 07/23/2020 XGD SYSTEMS LLC 17,470.42 397604 07/23/2020 LOBBYTOOLS INC 3,600.00 48 TRANS NBR DATE VENDOR AMOUNT 397605 07/23/2020 MT CAUSLEY LLC 15,268.00 397606 07/23/2020 BLUE GOOSE CONSTRUCTION LLC 417.22 397607 07/23/2020 STAPLES INC 9,776.11 397608 07/23/2020 STAPLES INC 103.08 397609 07/23/2020 LOWES COMPANIES INC 4,034.36 397610 07/23/2020 PEOPLEREADY INC 9,567.40 397611 07/23/2020 DEX IMAGING LLC 25.00 397612 07/23/2020 TRUE DIGITAL SECURITY INC 1,136.72 397613 07/23/2020 0 CONNOR INC 1,556.42 397614 07/23/2020 ARTHUR GORDON 75.00 397615 07/23/2020 TRANISHA WOOLFORK 69.23 397616 07/23/2020 EVELYN PEDERSEN 3,220.47 397617 07/23/2020 DONNA RUGGIERI 30.51 397618 07/23/2020 NORMAN REBEL 100.00 397619 07/23/2020 OKI TOSHIHARU 49.67 397620 07/23/2020 DEARROW ELLIS 26.63 397621 07/23/2020 UTIL REFUNDS 80.53 397622 07/23/2020 UTIL REFUNDS 32.07 397623 07/23/2020 UTIL REFUNDS 37.30 397624 07/23/2020 UTIL REFUNDS 46.98 397625 07/23/2020 UTIL REFUNDS 48.63 397626 07/23/2020 UTIL REFUNDS 37.76 397627 07/23/2020 UTIL REFUNDS 78.17 397628 07/23/2020 UTIL REFUNDS 388.70 397629 07/23/2020 UTIL REFUNDS 33.10 397630 07/23/2020 UTIL REFUNDS 68.21 397631 07/23/2020 UTIL REFUNDS 41.03 397632 07/23/2020 UTIL REFUNDS 52.32 397633 07/23/2020 UTIL REFUNDS 75.37 397634 07/23/2020 UTIL REFUNDS 39.09 397635 07/23/2020 UTIL REFUNDS 44.55 397636 07/23/2020 UTIL REFUNDS 63.36 397637 07/23/2020 UTIL REFUNDS 50.61 397638 07/23/2020 UTIL REFUNDS 64.97 397639 07/23/2020 UTIL REFUNDS 90.11 397640 07/23/2020 UTIL REFUNDS 99.36 397641 07/23/2020 UTIL REFUNDS 8.07 397642 07/23/2020 UTIL REFUNDS 75.37 397643 07/23/2020 UTIL REFUNDS 61.10 397644 07/23/2020 UTIL REFUNDS 107.92 397645 07/23/2020 UTIL REFUNDS 78.98 397646 07/23/2020 UTIL REFUNDS 246.84 397647 07/23/2020 UTIL REFUNDS 65.62 397648 07/23/2020 UTIL REFUNDS 52.45 397649 07/23/2020 UTIL REFUNDS 43.11 397650 07/23/2020 UTIL REFUNDS 11.61 397651 07/23/2020 UTIL REFUNDS 84.51 397652 07/23/2020 UTIL REFUNDS 154.60 397653 07/23/2020 UTIL REFUNDS 18.19 397654 07/23/2020 UTIL REFUNDS 31.00 397655 07/23/2020 UTIL REFUNDS 27.72 397656 07/23/2020 UTIL REFUNDS 69.01 397657 07/23/2020 UTIL REFUNDS 13.34 397658 07/23/2020 UTIL REFUNDS 69.16 397659 07/23/2020 UTIL REFUNDS 72.27 397660 07/23/2020 UTIL REFUNDS 56.82 397661 07/23/2020 UTIL REFUNDS 144.52 397662 07/23/2020 UTIL REFUNDS 67.52 397663 07/23/2020 UTIL REFUNDS 63.60 397664 07/23/2020 UTIL REFUNDS 81.18 49 TRANS NBR DATE VENDOR AMOUNT 397665 07/23/2020 UTIL REFUNDS 105.98 397666 07/23/2020 UTIL REFUNDS 64.84 397667 07/23/2020 UTIL REFUNDS 60.84 397668 07/23/2020 UTIL REFUNDS 72.99 397669 07/23/2020 UTIL REFUNDS 55.28 397670 07/23/2020 UTIL REFUNDS 76.58 397671 07/23/2020 UTIL REFUNDS 44.30 397672 07/23/2020 UTIL REFUNDS 69.04 397673 07/23/2020 UTIL REFUNDS 72.14 397674 07/23/2020 UTIL REFUNDS 74.45 397675 07/23/2020 UTIL REFUNDS 48.23 397676 07/23/2020 UTIL REFUNDS 55.82 397677 07/23/2020 UTIL REFUNDS 41.03 397678 07/23/2020 UTIL REFUNDS 50.59 397679 07/23/2020 UTIL REFUNDS 8.62 397680 07/23/2020 UTIL REFUNDS 73.68 397681 07/23/2020 UTIL REFUNDS 81.39 397682 07/23/2020 UT1L REFUNDS 40.53 397683 07/23/2020 UTIL REFUNDS 70.73 397684 07/23/2020 UTIL REFUNDS 39.88 397685 07/23/2020 UTIL REFUNDS 187.66 397686 07/23/2020 UTIL REFUNDS 75.52 397687 07/23/2020 UTIL REFUNDS 100.85 397688 07/23/2020 UTIL REFUNDS 68.32 397689 07/23/2020 UTIL REFUNDS 76.98 397690 07/23/2020 UTIL REFUNDS 26.59 397691 07/23/2020 UTIL REFUNDS 125.19 397692 07/23/2020 UTIL REFUNDS 64.89 397693 07/23/2020 UTIL REFUNDS 34.80 397694 07/23/2020 UTIL REFUNDS 81.18 397695 07/23/2020 UTIL REFUNDS 35.06 397696 07/23/2020 UTIL REFUNDS 6.06 397697 07/23/2020 UTIL REFUNDS 23.92 397698 07/23/2020 UTIL REFUNDS 11.67 397699 07/23/2020 UTIL REFUNDS 79.37 397700 07/23/2020 UTIL REFUNDS 34.35 397701 07/23/2020 UT1L REFUNDS 22.89 397702 07/23/2020 UTIL REFUNDS 80.65 397703 07/23/2020 UTIL REFUNDS 44.74 397704 07/23/2020 UTIL REFUNDS 68.06 397705 07/23/2020 UTIL REFUNDS 3.23 397706 07/23/2020 UTIL REFUNDS 138.57 397707 07/23/2020 UTIL REFUNDS 40.85 397708 07/23/2020 UTIL REFUNDS 73.98 397709 07/23/2020 UTIL REFUNDS 81.71 397710 07/23/2020 UTIL REFUNDS 34.89 397711 07/23/2020 UTIL REFUNDS 32.64 397712 07/23/2020 UTIL REFUNDS 86.89 397713 07/23/2020 UTIL REFUNDS 54.34 397714 07/23/2020 UTIL REFUNDS 51.47 397715 07/23/2020 UTIL REFUNDS 5.90 397716 07/23/2020 UTIL REFUNDS 60.24 397717 07/23/2020 UTIL REFUNDS 44.12 397718 07/23/2020 UTIL REFUNDS 47.11 397719 07/23/2020 UTIL REFUNDS 40.49 397720 07/23/2020 UT1L REFUNDS 101.37 397721 07/23/2020 UTIL REFUNDS 354.09 397722 07/23/2020 UTIL REFUNDS 50.01 397723 07/23/2020 UTIL REFUNDS 37.15 397724 07/23/2020 UTIL REFUNDS 53.11 50 TRANS NBR DATE VENDOR AMOUNT 397725 07/23/2020 UTIL REFUNDS 77.85 397726 07/23/2020 UTIL REFUNDS 105.94 397727 07/23/2020 UTIL REFUNDS 72.79 397728 07/23/2020 UTIL REFUNDS 10.41 397729 07/23/2020 UTIL REFUNDS 59.82 397730 07/23/2020 UTIL REFUNDS 71.60 397731 07/23/2020 UTIL REFUNDS 113.32 397732 07/23/2020 UTIL REFUNDS 47.13 397733 07/23/2020 UTIL REFUNDS 76.60 397734 07/23/2020 UTIL REFUNDS 130.66 397735 07/23/2020 UTIL REFUNDS 64.56 397736 07/23/2020 UTIL REFUNDS 1.39 397737 07/23/2020 UTIL REFUNDS 70.74 397738 07/23/2020 UTIL REFUNDS 49.64 397739 07/23/2020 UTIL REFUNDS 74.35 397740 07/23/2020 UTIL REFUNDS 78.73 397741 07/23/2020 UT1L REFUNDS 3.93 397742 07/23/2020 UTIL REFUNDS 34.33 397743 07/23/2020 UTIL REFUNDS 63.57 397744 07/23/2020 UTIL REFUNDS 89.54 397745 07/23/2020 UTIL REFUNDS 105.18 397746 07/23/2020 UTIL REFUNDS 6.23 397747 07/23/2020 UTIL REFUNDS 173.91 397748 07/23/2020 UTIL REFUNDS 54.65 397749 07/23/2020 UTIL REFUNDS 30.53 397750 07/23/2020 UTIL REFUNDS 54.30 397751 07/23/2020 UTIL REFUNDS 200.00 397752 07/23/2020 UTIL REFUNDS 26.39 397753 07/23/2020 UTIL REFUNDS 47.25 397754 07/23/2020 UTIL REFUNDS 156.90 397755 07/23/2020 UTIL REFUNDS 53.81 397756 07/23/2020 UTIL REFUNDS 23.71 397757 07/23/2020 PAUL CARONE 5,516.00 397758 07/23/2020 WILLIE C REAGAN 2,354.00 397759 07/23/2020 LARRY STALEY 639.00 397760 07/23/2020 DAVID SPARKS 1,407.00 397761 07/23/2020 THE PALMS AT VERO BEACH 2,355.00 397762 07/23/2020 JOHN OLIVIERA 856.00 397763 07/23/2020 ARTHUR PRUETT 756.00 397764 07/23/2020 MICHAEL JAHOLKOWSKI 547.00 397765 07/23/2020 STEVEN RENNICK 661.00 397766 07/23/2020 ROBERT L BRACKETT 780.00 397767 07/23/2020 SUNCOAST REALTY&RENTAL MGMT LLC 641.00 397768 07/23/2020 PAMELA R CUMMINGS 689.00 397769 07/23/2020 SYLVESTER MC 1NTOSH 2,779.00 397770 07/23/2020 OKEECHOBEE PARTNERS LLC 807.00 397771 07/23/2020 MISS INC OF THE TREASURE COAST 1,748.00 397772 07/23/2020 DANIEL CORY MARTIN 2,419.00 397773 07/23/2020 FIVE STAR PROPERTY HOLDING LLC 830.00 397774 07/23/2020 VAL APTS LLC 852.00 397775 07/23/2020 AUGUSTUS B FORT JR 641.00 397776 07/23/2020 H&H SHADOWBROOK LLC 657.00 397777 07/23/2020 VERO BEACH PLACE LLC 2,133.00 397778 07/23/2020 HELPING HANDS REAL ESTATE&INVESTMENT CO 2,829.00 397779 07/23/2020 ALIX DENEAU 750.00 397780 07/23/2020 NKW PIP HOLDINGS I LLC 3,202.00 397781 07/23/2020 RANDY BETHEL 751.00 397782 07/23/2020 BRANDON ROVER 2,807.00 397783 07/23/2020 HUDSON CONSULTING&MANAGEMENT LLC 868.00 397784 07/23/2020 HAMID SILMANE 750.00 51 TRANS NBR DATE VENDOR AMOUNT 397785 07/23/2020 PAMELA CHAVEZ 744.00 397786 07/23/2020 PHILIPPE ALEXANDER 700.00 397787 07/23/2020 STANLEY L JENNINGS 762.00 397788 07/23/2020 SHARON P BRENNAN 556.00 397789 07/23/2020 CORNELIA H LAHEY 1,126.00 397790 07/23/2020 IXORIA LLC 711.00 397791 07/23/2020 DEEP REAL ESTATE INC 487.00 397792 07/23/2020 SHAUNA WALGRAVE 950.00 397793 07/23/2020 A PLUS PROPERTY MANAGEMENT INC 4,047.00 397794 07/23/2020 ORCHARD GROVE VENTURE LLC 2,507.00 397795 07/23/2020 GEORGIA KING LLC 757.00 397796 07/23/2020 BREGO PROPERTIES LLC 2,700.00 397797 07/23/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 758.00 397798 07/23/2020 YELLOW RING HOLDINGS LLC 1,271.00 397799 07/23/2020 SREIT LEXINGTON CLUB LLC 3,963.00 397800 07/23/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 807.00 397801 07/23/2020 MARLBROS HOLDINGS LLC 1,036.00 397802 07/23/2020 JARROD CANNON 915.00 Grand Total: 1,016,033.84 52 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900634 07/23/2020 CREATIVE CHOICE HOMES XVI LTD 789.00 900635 07/23/2020 IRC HOUSING AUTHORITY 223.00 900636 07/23/2020 CELICO PARTNERSHIP 11.75 900637 07/23/2020 CANON FINANCIAL SERVICES INC 231.97 900638 07/23/2020 ORCHARD GROVE VENTURE LLC 169.00 Grand Total: 1,424.72 53 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1016883 07/22/2020 AT&T CORP 7,929.82 1016884 07/22/2020 OFFICE DEPOT INC 2,111.03 1016885 07/22/2020 COMCAST 246.80 1016886 07/22/2020 POLYDYNE INC 7,728.00 1016887 07/22/2020 WASTE MANAGEMENT INC OF FLORIDA 3,430.67 1016888 07/22/2020 PARKS RENTAL&SALES INC 290.00 1016889 07/22/2020 NORTH SOUTH SUPPLY INC 180.35 1016890 07/22/2020 SUB AQUATICS INC 612.14 1016891 07/22/2020 INDIAN RIVER OXYGEN INC 3,105.50 1016892 07/22/2020 APPLE INDUSTRIAL SUPPLY CO 349.53 1016893 07/22/2020 GALLS LLC 833.90 1016894 07/22/2020 MEEKS PLUMBING INC 250.00 1016895 07/22/2020 IRRIGATION CONSULTANTS UNLIMITED INC 45.00 1016896 07/22/2020 WORLD INDUSTRIAL EQUIPMENT INC 1,426.68 1016897 07/22/2020 SOUTHERN COMPUTER WAREHOUSE INC 993.38 1016898 07/22/2020 FIRST HOSPITAL LABORATORIES INC 625.00 1016899 07/22/2020 HD SUPPLY FACILITIES MAINTENANCE LTD 372.86 1016900 07/22/2020 STRYKER SALES CORP 2,257.50 1016901 07/22/2020 MIDWEST MOTOR SUPPLY CO 928.88 1016902 07/22/2020 GREAT SOUTHERN EQUIPMENT CO 34,577.77 1016903 07/22/2020 METRO FIRE PROTECTION SERVICES INC 150.00 1016904 07/22/2020 STAT MEDICAL DISPOSAL INC 650.00 1016905 07/22/2020 RADWELL INTERNATIONAL INC 711.38 1016906 07/22/2020 NEXAIR LLC 40.69 1016907 07/22/2020 EFE INC 1,424.44 1016908 07/22/2020 PACE ANALYTICAL SERVICES LLC 2,232.00 Grand Total: 73,503.32 54 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7811 07/17/2020 KIMLEY HORN&ASSOC INC 24,325.00 7812 07/17/2020 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 11,433.00 7813 07/17/2020 VETERANS COUNCIL OF I R C 4,358.47 7814 07/17/2020 TOWN OF INDIAN RIVER SHORES 14,047.15 7815 07/17/2020 MUTUAL OF OMAHA 2,396.48 7816 07/17/2020 APTIM CORP 895.20 7817 07/17/2020 ATLAS ORGANICS INDIAN RIVER LLC 247,039.14 7818 07/21/2020 IRC CHAMBER OF COMMERCE 19,432.13 7819 07/21/2020 IRC CHAMBER OF COMMERCE 21,376.28 7820 07/21/2020 SCHOOL DISTRICT OF I R COUNTY 49.92 7821 07/22/2020 INDIAN RIVER COUNTY SHERIFF 1,744.08 7822 07/22/2020 RX BENEFITS INC 195,166.79 7823 07/22/2020 SAVE ON SP LLC 16,575.75 Grand Total: 558,839.39 55 JEFFREY R. SMITH CPA, CGFO, CGMA �4-sbcounry r0( Clerk of Circuit Court&Comptroller -�°` .11 V11` Finance Department A 703 1801 27th Street o .,/ l p. a a 4 Vero Beach,FL 32960 \'2'�fbp 0 couto y TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 30, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 24, 2020 to July 30, 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 July 24, 2020 to July 30,2020. 56 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 397803 07/24/2020 UNITED WAY OF INDIAN RIVER COUNTY 690.00 397804 07/24/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 299.36 397805 07/24/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 233.40 397806 07/24/2020 ADMIN FOR CHILD SUPPORT ENFORCEMENT 169.30 397807 07/24/2020 NORTH CAROLINA CHILD SUPPORT 105.69 397808 07/24/2020 COMMONWEALTH OF MASSACHUSETTS 154.00 397809 07/24/2020 TX CHILD SUPPORT SDU 163.85 397810 07/30/2020 PORT CONSOLIDATED INC 4,920.36 397811 07/30/2020 SUNCOAST WELDING SUPPLIES INC 122.40 397812 07/30/2020 COMMUNICATIONS INTERNATIONAL 27,583.52 397813 07/30/2020 TEN-8 FIRE EQUIPMENT INC 1,127.44 397814 07/30/2020 RANGER CONSTRUCTION IND INC 429.55 397815 07/30/2020 FISHER SCIENTIFIC COMPANY LLC 923.00 397816 07/30/2020 VERO CHEMICAL DISTRIBUTORS INC 917.40 397817 07/30/2020 PALMDALE OIL COMPANY INC 27,715.75 397818 07/30/2020 RICOH USA INC 196.79 397819 07/30/2020 HENRY SCHEIN INC 981.14 397820 07/30/2020 SAFETY PRODUCTS INC 731.27 397821 07/30/2020 DATA FLOW SYSTEMS INC 2,477.55 397822 07/30/2020 DELTA SUPPLY CO 91.63 397823 07/30/2020 GRAINGER 1,148.51 397824 07/30/2020 KELLY TRACTOR CO 6,440.17 397825 07/30/2020 MCMASTER CARR SUPPLY CO 110.91 397826 07/30/2020 PARKSON CORPORATION 673.93 397827 07/30/2020 BOUND TREE MEDICAL LLC 2,989.08 397828 07/30/2020 PETES CONCRETE 3,150.00 397829 07/30/2020 ECOTECH CONSULTANTS INC 4,399.00 397830 07/30/2020 TIRESOLES OF BROWARD INC 667.26 397831 07/30/2020 CITY ELECTRIC SUPPLY COMPANY 673.20 397832 07/30/2020 BAKER&TAYLOR INC 2,931.44 397833 07/30/2020 MIDWEST TAPE LLC 4,770.97 397834 07/30/2020 K&M ELECTRIC SUPPLY 783.38 397835 07/30/2020 CENGAGE LEARNING INC 357.61 397836 07/30/2020 INDIAN RIVER COUNTY HEALTH DEPT 431.97 397837 07/30/2020 INDIAN RIVER COUNTY HEALTH DEPT 59,762.91 397838 07/30/2020 VICTIM ASSISTANCE PROGRAM 6,018.16 397839 07/30/2020 ROGER J NICOSIA 1,500.00 397840 07/30/2020 CITY OF VERO BEACH 392.90 397841 07/30/2020 CITY OF VERO BEACH 2,208.00 397842 07/30/2020 CITY OF VERO BEACH 11,675.00 397843 07/30/2020 INDIAN RIVER ALL FAB INC 685.95 397844 07/30/2020 AT&T CORP 901.48 397845 07/30/2020 AT&T CORP 152.35 397846 07/30/2020 JANITORIAL DEPOT OF AMERICA INC 427.82 397847 07/30/2020 FLORIDA DEPT OF AGRICULTURE AND 216.00 397848 07/30/2020 ACUSHNET COMPANY 494.87 397849 07/30/2020 INTERNATIONAL GOLF MAINTENANCE INC 90,792.88 397850 07/30/2020 GEOSYNTEC CONSULTANTS INC 3,038.44 397851 07/30/2020 FEDERAL EXPRESS CORP 62.35 397852 07/30/2020 FEDERAL EXPRESS CORP 212.73 397853 07/30/2020 TYLER TECHNOLOGIES INC 3,500.00 397854 07/30/2020 TIMOTHY ROSE CONTRACTING INC 724,874.97 397855 07/30/2020 FLORIDA POWER AND LIGHT 12,324.15 397856 07/30/2020 TAYLOR MADE GOLF CO INC 259.43 397857 07/30/2020 KENNETH CAMPBELL SENIOR 200.00 397858 07/30/2020 STRUNK FUNERAL HOMES&CREMATORY 850.00 397859 07/30/2020 TOCOMA RUBBER STAMP&MARKING SYSTEM 280.39 397860 07/30/2020 IRC HEALTHY START COALITION INC 4,166.66 57 TRANS NBR DATE VENDOR AMOUNT 397861 07/30/2020 G K ENVIRONMENTAL INC 3,485.00 397862 07/30/2020 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 5.46 397863 07/30/2020 MOP 280.00 397864 07/30/2020 FORESTRY SUPPLIERS INC 32.01 397865 07/30/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 15,305.00 397866 07/30/2020 CAROLINA SOFTWARE INC 500.00 397867 07/30/2020 BRIDGESTONE AMERICAS INC 2,004.56 397868 07/30/2020 SHRIEVE CHEMICAL CO 24,557.65 397869 07/30/2020 GATORS SOD INC 425.00 397870 07/30/2020 ECONOLITE CONTROL PRODUCTS INC 3,219.00 397871 07/30/2020 ST LUCIE COUNTY BOCC 37,658.83 397872 07/30/2020 TRANE US INC 509.80 397873 07/30/2020 U S BANK NATIONAL ASSOCIATION 944.69 397874 07/30/2020 CONTROL SYSTEMS DESIGN INC 2,835.00 397875 07/30/2020 VAN WAL INC 600.00 397876 07/30/2020 SYNAGRO-WWT INC 68,755.38 397877 07/30/2020 FLORIDA FLOODPLAIN MANAGERS ASSOC 60.00 397878 07/30/2020 UNITED RENTALS NORTH AMERICA INC 428.40 397879 07/30/2020 PARGAS 666.50 397880 07/30/2020 SOUTHERN JANITOR SUPPLY INC 2,299.50 397881 07/30/2020 MBV ENGINEERING INC 2,875.00 397882 07/30/2020 HEVERON GROUP INC 24,266.16 397883 07/30/2020 GLOVER OIL COMPANY INC 1,179.10 397884 07/30/2020 ORCHID ISLAND PROPERTY MGMT II INC 2,077.00 397885 07/30/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 7,374.29 397886 07/30/2020 JOHNNY B SMITH 150.00 397887 07/30/2020 EARLY LEARNING COALITION OF INDIAN RIVER 3,769.96 397888 07/30/2020 GLOBALSTAR USA 195.24 397889 07/30/2020 CHARLES A WALKER 125.00 397890 07/30/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,125.00 397891 07/30/2020 FLUID CONTROL SPECIALI1hS INC 19,940.00 397892 07/30/2020 TRADEWINDS POWER CORP 2,157.55 397893 07/30/2020 NICOLACE MARKETING INC 2,476.50 397894 07/30/2020 WINSUPPLY OF VERO BEACH 167.20 397895 07/30/2020 FLORIDA HANDLING SYSTEMS INC 940.00 397896 07/30/2020 BRENNTAG MID-SOUTH INC 15,101.42 397897 07/30/2020 TREKKER TRACTOR LLC 126.33 397898 07/30/2020 OVERDRIVE INC 4,308.81 397899 07/30/2020 KEITH GROCHOLL 125.00 397900 07/30/2020 CITRIX ONLINE LLC 1,080.00 397901 07/30/2020 GFA INTERNATIONAL INC 12,150.00 397902 07/30/2020 MOORE MOTORS INC 135.00 397903 07/30/2020 GAUDET ASSOCIATES INC 631.28 397904 07/30/2020 ALEX MIKLO 125.00 397905 07/30/2020 BURNETT LIME CO INC 6,379.80 397906 07/30/2020 0 SPORTSWEAR LLC 3,465.00 397907 07/30/2020 PENGUIN RANDOM HOUSE LLC 43.50 397908 07/30/2020 STRAIGHT OAK LLC 44.75 397909 07/30/2020 SOUTHERN MANAGEMENT LLC 178.00 397910 07/30/2020 STEWART&STEVENSON FDDA LLC 3,269.82 397911 07/30/2020 C E R SIGNATURE CLEANING 1,850.00 397912 07/30/2020 MARKETING SPECIALTIES OF GEORGIA LLC 9,724.98 397913 07/30/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 2,297.79 397914 07/30/2020 SYLIVIA MILLER 1,658.00 397915 07/30/2020 HAWKINS INC 1,399.25 397916 07/30/2020 ANFIELD CONSULTING GROUP INC 10,000.00 397917 07/30/2020 CATHEDRAL CORPORATION 2,043.00 397918 07/30/2020 UNIFIRST CORPORATION 1,059.36 397919 07/30/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 136.70 397920 07/30/2020 BARSALOU VENTURES LLC 70.00 58 TRANS NBR DATE VENDOR AMOUNT 397921 07/30/2020 AWC INC 5,990.36 397922 07/30/2020 CROSSOVER MISSION 5,400.00 397923 07/30/2020 WURTH USA INC 163.60 397924 07/30/2020 EASTERN PIPELINE CONSTRUCTION INC 1,075.00 397925 07/30/2020 DOCKSIDE BUILDERS OF SEBASTIAN INC 4,200.00 397926 07/30/2020 AC VETERINARY SPECIALTY SERVICES 164.00 397927 07/30/2020 EDWARD ILLIDGE 75.00 397928 07/30/2020 COVERALL NORTH AMERICA INC 1,690.00 397929 07/30/2020 MATHESON TRI-GAS INC 12,593.34 397930 07/30/2020 ROBERT 0 RICHARDSON III 50.00 397931 07/30/2020 AQSEPTENCE GROUP INC 837.74 397932 07/30/2020 CANARX GROUP INC 6,497.40 397933 07/30/2020 COLE AUTO SUPPLY INC 2,972.69 397934 07/30/2020 RHOADES AIR&HEAT 4,894.00 397935 07/30/2020 KONICA MINOLTA BUSINESS SOLUTIONS 104.37 397936 07/30/2020 FLORIDA BULB&BALLAST INC 3,304.40 397937 07/30/2020 NESTLE WATERS NORTH AMERICA 113.18 397938 07/30/2020 ENVIRONMENTAL OPERATING SOLUTION INC 8,074.50 397939 07/30/2020 GOVDIRECT INC 45.01 397940 07/30/2020 CORE&MAIN LP 2,781.44 397941 07/30/2020 STEWART MATERIALS LLC 587.40 397942 07/30/2020 WOERNER AGRIBUSINESS LLC 293.00 397943 07/30/2020 DIGICERT INC 1,990.00 397944 07/30/2020 DJD EQUIPMENT HOLDINGS LLC 3,526.73 397945 07/30/2020 JERRY RIPPLE STUCCO INC 4,260.00 397946 07/30/2020 CHANGE HEALTHCARE LLC 36,363.59 397947 07/30/2020 DIRECTV GROUP INC 55.82 397948 07/30/2020 COASTAL WATERWAYS DESIGN&ENGINEERING LLC 6,850.00 397949 07/30/2020 EMPIRE PIPE ORLANDO LLC 159,600.00 397950 07/30/2020 HINTERLAND GROUP INC 43,785.00 397951 07/30/2020 AMAZON CAPITAL SERVICES INC 7,958.77 397952 07/30/2020 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 397953 07/30/2020 PIRATE PEST CONTROL LLC 112.00 397954 07/30/2020 AMERIGAS PROPANE LP 1,848.33 397955 07/30/2020 AMERIGAS PROPANE LP 5,481.96 397956 07/30/2020 METROPOLITAN COMMUNICATION SERVICES INC 311.00 397957 07/30/2020 JOHN J DRISCOLL 75.00 397958 07/30/2020 BANYAN RECYCLING INC 210.00 397959 07/30/2020 JORDAN POWER EQUIPMENT CORP 240.82 397960 07/30/2020 DEANGELO BROTHERS LLC 2,005.00 397961 07/30/2020 COASTLINE COOLING LLC 210.00 397962 07/30/2020 SYTECH INC 500.00 397963 07/30/2020 MULLINAX FORD OF VERO BEACH 327.60 397964 07/30/2020 SPACE COAST BEE SERVICES INC 400.00 397965 07/30/2020 JESSE ROLAND 109.00 397966 07/30/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,170.09 397967 07/30/2020 DESK SPINCO INC 1,298.88 397968 07/30/2020 TELEFLEX LLC 1,665.50 397969 07/30/2020 STAPLES INC 354.63 397970 07/30/2020 LOWES COMPANIES INC 1,548.22 397971 07/30/2020 PEOPLEREADY INC 1,820.00 397972 07/30/2020 SMI TRADING LLC 406.88 397973 07/30/2020 ENVIRONMENTAL PRODUCTS GROUP INC 1,933.88 397974 07/30/2020 CHRIS ZAVESKY 150.00 397975 07/30/2020 STREAM RECYCLING SOLUTIONS LLC 2,835.45 397976 07/30/2020 ROBERT A HUDSON 200.00 397977 07/30/2020 CONSOR ENGINEERS LLC 81,658.74 397978 07/30/2020 THEODORE SEMI 75.00 397979 07/30/2020 THALES CONSULTING INC 250.00 397980 07/30/2020 ZOLL MEDICAL CORPORATION 28,108.49 59 TRANS NBR DATE VENDOR AMOUNT 397981 07/30/2020 ATLAS COPCO USA HOLDING INC 1,200.87 397982 07/30/2020 PLEASANTVILLE ASSISTED LIVING LLC 75,000.00 397983 07/30/2020 UTIL REFUNDS 73.83 397984 07/30/2020 UTIL REFUNDS 48.14 397985 07/30/2020 UTIL REFUNDS 82.82 397986 07/30/2020 UTIL REFUNDS 67.55 397987 07/30/2020 UTIL REFUNDS 39.55 397988 07/30/2020 UTIL REFUNDS 588.30 397989 07/30/2020 UTIL REFUNDS 34.69 397990 07/30/2020 UTIL REFUNDS 75.48 397991 07/30/2020 UTIL REFUNDS 93.12 397992 07/30/2020 UTIL REFUNDS 13.48 397993 07/30/2020 UTIL REFUNDS 46.43 397994 07/30/2020 UTIL REFUNDS 55.55 397995 07/30/2020 UTIL REFUNDS 46.43 397996 07/30/2020 UTIL REFUNDS 42.17 397997 07/30/2020 UTIL REFUNDS 176.25 397998 07/30/2020 UTIL REFUNDS 35.45 397999 07/30/2020 UTIL REFUNDS 62.04 398000 07/30/2020 UTIL REFUNDS 64.02 398001 07/30/2020 UTIL REFUNDS 26.21 398002 07/30/2020 UTIL REFUNDS 40.77 398003 07/30/2020 UTIL REFUNDS 39.39 398004 07/30/2020 UTIL REFUNDS 45.82 398005 07/30/2020 UTIL REFUNDS 40.99 398006 07/30/2020 UTIL REFUNDS 43.91 398007 07/30/2020 UTIL REFUNDS 33.20 398008 07/30/2020 UTIL REFUNDS 120.48 398009 07/30/2020 UTIL REFUNDS 76.49 398010 07/30/2020 UTIL REFUNDS 40.37 398011 07/30/2020 UTIL REFUNDS 38.66 398012 07/30/2020 UTIL REFUNDS 72.79 398013 07/30/2020 UTIL REFUNDS 33.53 398014 07/30/2020 UTIL REFUNDS 79.04 398015 07/30/2020 UTIL REFUNDS 32.48 398016 07/30/2020 UTIL REFUNDS 47.76 398017 07/30/2020 UTIL REFUNDS 62.59 398018 07/30/2020 UTIL REFUNDS 5.33 398019 07/30/2020 UTIL REFUNDS 62.15 398020 07/30/2020 UTIL REFUNDS 29.94 398021 07/30/2020 UTIL REFUNDS 43.49 398022 07/30/2020 UTIL REFUNDS 33.83 398023 07/30/2020 UTIL REFUNDS 71.93 398024 07/30/2020 UTIL REFUNDS 86.23 398025 07/30/2020 UTIL REFUNDS 40.44 398026 07/30/2020 UTIL REFUNDS 41.50 398027 07/30/2020 UTIL REFUNDS 41.72 398028 07/30/2020 UTIL REFUNDS 19.50 398029 07/30/2020 UTIL REFUNDS 30.55 398030 07/30/2020 UTIL REFUNDS 104.64 398031 07/30/2020 FLORIDA POWER AND LIGHT 154,495.83 398032 07/30/2020 AMERICAN HEART ASSOCIATION INC 216.00 398033 07/30/2020 FL CHAPTERS OF THE ASSOCIATION OF PUBLIC 398.00 398034 07/30/2020 FLORIDA POWER AND LIGHT 1,014.11 398035 07/30/2020 FLORIDA POWER AND LIGHT 27,552.65 Grand Total: 2,065,442.14 60 ELECTRONIC PAYMENT- VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1016909 07/28/2020 AT&T CORP 11,618.61 1016910 07/28/2020 OFFICE DEPOT INC 1,106.89 1016911 07/28/2020 WASTE MANAGEMENT INC OF FLORIDA 128.70 1016912 07/29/2020 AT&T CORP 560.71 1016913 07/30/2020 ADRON FENCE COMPANY INC 3,304.00 1016914 07/30/2020 COLD AIR DISTRIBUTORS WAREHOUSE 70.54 1016915 07/30/2020 INDIAN RIVER BATTERY 653.30 1016916 07/30/2020 INDIAN RIVER OXYGEN INC 12.50 1016917 07/30/2020 MIKES GARAGE&WRECKER SERVICE INC 775.00 1016918 07/30/2020 MEEKS PLUMBING INC 3,478.00 1016919 07/30/2020 ABCO GARAGE DOOR CO INC 427.20 1016920 07/30/2020 ALLIED UNIVERSAL CORP 14,789.61 1016921 07/30/2020 IRRIGATION CONSULTANTS UNLIMITED INC 4.80 1016922 07/30/2020 WORLD INDUSTRIAL EQUIPMENT INC 214.80 1016923 07/30/2020 GROVE WELDERS INC 423.86 1016924 07/30/2020 RECORDED BOOKS LLC 239.40 1016925 07/30/2020 SOUTHERN COMPUTER WAREHOUSE INC 1,294.15 1016926 07/30/2020 COMO OIL COMPANY OF FLORIDA 320.86 1016927 07/30/2020' COMPLETE ELECTRIC INC 6,315.00 1016928 07/30/2020 RECHTIEN INTERNATIONAL TRUCKS 2,123.13 1016929 07/30/2020 HARCROS CHEMICALS,INC. 2,288.66 1016930 07/30/2020 METRO FIRE PROTECTION SERVICES INC 307.90 1016931 07/30/2020 AUTO PARTNERS LLC 135.65 1016932 07/30/2020 L&L DISTRIBUTORS 879.22 1016933 07/30/2020 HYDRA SERVICE(S)INC 1,081.72 1016934 07/30/2020 WRIGHT FASTENER COMPANY LLC 176.00 1016935 07/30/2020 HORIZON DISTRIBUTORS INC 348.00 1016936 07/30/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1016937 07/30/2020 GUARDIAN ALARM OF FLORIDA LLC 85.00 1016938 07/30/2020 NEXAIR LLC 15.25 1016939 07/30/2020 EFE INC 437.44 1016940 07/30/2020 PACE ANALYTICAL SERVICES LLC 5,429.25 1016941 07/30/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 164.70 Grand Total: 59,294.85 61 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7824 07/24/2020 KIMLEY HORN&ASSOC INC 15,075.00 7825 07/24/2020 KIMLEY HORN&ASSOC INC 17,755.00 7826 07/24/2020 IRC FIRE FIGHTERS ASSOC 9,347.96 7827 07/24/2020 TEAMSTERS LOCAL UNION#769 5,316.00 7828 07/24/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 7,501.03 7829 07/24/2020 NATIONWIDE SOLUTIONS RETIREMENT INC 65,458.71 7830 07/24/2020 COALITION FOR ATTAINABLE HOMES INC 1,803.00 7831 07/24/2020 NATIONAL METERING SERVICES INC 58,998.69 7832 07/24/2020 TOTAL ADMINISTRATIVE SERVICES CORP 12,611.32 7833 07/24/2020 FL SDU 5,220.39 7834 07/24/2020 IRS-PAYROLL TAXES 486,083.46 7835 07/24/2020 CHARD SNYDER&ASSOCIATES INC 323.60 7836 07/24/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 1,937.75 7837 07/24/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 1,501.50 7838 07/30/2020 SENIOR RESOURCE ASSOCIATION 599,313.25 Grand Total: 1,288,246.66 62 4E JEFFREY R. SMITH, CPA, CGFO, CGMA .;°Mpr o • Clerk of Circuit Court&Comptroller ' / °°%c Finance Department "K " 1801 27th Street z Vero Beach,FL 32960 ,+'92Ri�Rlnana 3�f O ``1 �fR couN�1 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 6, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 31, 2020 to August 6,2020 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 July 31, 2020 to August 6, 2020. 63 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 398036 08/06/2020 FLORIDA RECREATION&PARK ASSOC INC 335.00 398037 08/06/2020 FLORIDA RECREATION&PARK ASSOC INC 540.00 398038 08/06/2020 FLORIDA RECREATION&PARK ASSOC INC 540.00 398039 08/06/2020 OMNI ORLANDO RESORT 556.00 398040 08/06/2020 PORT CONSOLIDATED INC 669.37 398041 08/06/2020 GUARDIAN EQUIPMENT INC 593.00 398042 08/06/2020 STURGIS LUMBER&PLYWOOD CO 5.76 398043 08/06/2020 COMMUNICATIONS INTERNATIONAL 292.36 398044 08/06/2020 SSES INC 102.73 398045 08/06/2020 LENGEMANN CORP 275.00 398046 08/06/2020 TEN-8 FIRE EQUIPMENT INC 1,209.86 398047 08/06/2020 RANGER CONSTRUCTION IND INC 897.44 398048 08/06/2020 FISHER SCIENTIFIC COMPANY LLC 595.00 398049 08/06/2020 VERO CHEMICAL DISTRIBUTORS INC 313.30 398050 08/06/2020 RICOH USA INC 44.63 398051 08/06/2020 HENRY SCHEIN INC 1,308.01 398052 08/06/2020 SAFETY PRODUCTS INC 1,258.85 398053 08/06/2020 DATA FLOW SYSTEMS INC 788.48 398054 08/06/2020 DATA FLOW SYSTEMS INC 680.00 398055 08/06/2020 PARALEE COMPANY INC 600.00 398056 08/06/2020 GRAINGER 166.80 398057 08/06/2020 SAFETY KLEEN SYSTEMS INC 335.39 398058 08/06/2020 CHANDLER EQUIPMENT CO INC 69.14 398059 08/06/2020 PATTERSON POPE INC 1,106.55 398060 08/06/2020 BOUND TREE MEDICAL LLC 9,469.11 398061 08/06/2020 PETES CONCRETE 2,100.00 398062 08/06/2020 TIRESOLES OF BROWARD INC 2,410.08 398063 08/06/2020 H C WARNER INC 4,723.85 398064 08/06/2020 CITY ELECTRIC SUPPLY COMPANY 64.05 398065 08/06/2020 AMERICAN WATER CHEMICALS INC 25,688.81 398066 08/06/2020 CARTER ASSOCIATES INC 42,928.75 398067 08/06/2020 CHILDCARE RESOURCES OF IRC INC 26,495.15 398068 08/06/2020 DELL MARKETING LP 1,098.00 398069 08/06/2020 BLAKESLEE SERVICES INC 660.00 398070 08/06/2020 BRANDTS APPLIANCE SERVICE INC 219.65 398071 08/06/2020 K&M ELECTRIC SUPPLY 7.68 398072 08/06/2020 SOFTWARE HARDWARE INTEGRATION 10,152.86 398073 08/06/2020 SUNSHINE SAFETY COUNCIL INC 100.00 398074 08/06/2020 COMMUNITY ASPHALT CORP 462.77 398075 08/06/2020 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 398076 08/06/2020 ROGER J NICOSIA 680.00 398077 08/06/2020 CITY OF VERO BEACH 1,292.20 398078 08/06/2020 AT&T CORP 2,917.74 398079 08/06/2020 AT&T CORP 124.85 398080 08/06/2020 JANITORIAL DEPOT OF AMERICA INC 63.49 398081 08/06/2020 TREASURE COAST HOMELESS SERVICES 3,948.04 398082 08/06/2020 ACUSHNET COMPANY 1,124.80 398083 08/06/2020 GEOSYNTEC CONSULTANTS INC 34,300.24 398084 08/06/2020 FEDERAL EXPRESS CORP 86.91 398085 08/06/2020 TYLER TECHNOLOGIES INC 46,800.00 398086 08/06/2020 TRAFFIC PARTS INC 2,483.74 398087 08/06/2020 CALLAWAY GOLF SALES COMPANY 43.17 398088 08/06/2020 FLORIDA POWER AND LIGHT 40,029.13 398089 08/06/2020 FLORIDA POWER AND LIGHT 2,147.88 398090 08/06/2020 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 398091 08/06/2020 TAYLOR MADE GOLF CO INC 657.51 398092 08/06/2020 AMERICAN PLANNING ASSOCIATION 1,167.00 398093 08/06/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 4,749.33 64 TRANS NBR DATE VENDOR AMOUNT 398094 08/06/2020 STATE ATTORNEY 12,512.98 398095 08/06/2020 KENNETH CAMPBELL SENIOR 125.00 398096 08/06/2020 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 5,750.00 398097 08/06/2020 FLORIDA STATE GOLF ASSOCIATION 177.00 398098 08/06/2020 INDIAN RIVER FARMS WATER CNTRL DIST 200.00 398099 08/06/2020 WOODS&POOLE ECONOMICS INC 590.00 398100 08/06/2020 CHILDRENS HOME SOCIETY OF FL 3,339.21 398101 08/06/2020 TLC DIVERSIFIED INC 89,156.11 398102 08/06/2020 THE PROFESSIONAL GOLFERS 451.00 398103 08/06/2020 PELICAN ISLAND AUDUBON SOCIETY INC 2,111.68 398104 08/06/2020 THE AVANTI COMPANY INC 1,386.43 398105 08/06/2020 TRANE US INC 1,060.00 398106 08/06/2020 CELICO PARTNERSHIP 210.22 398107 08/06/2020 CINTAS CORPORATION NO 2 72.59 398108 08/06/2020 THE CLEARING COMPANY LLC 525.00 398109 08/06/2020 SOUTHERN JANITOR SUPPLY INC 139.64 398110 08/06/2020 JACKS COMPLETE TREE SERVICE INC 3,700.00 398111 08/06/2020 ETR LLC 1,011.18 398112 08/06/2020 ORCHID ISLAND PROPERTY MGMT II INC 1,700.00 398113 08/06/2020 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 137.89 398114 08/06/2020 JOHNNY B SMITH 75.00 398115 08/06/2020 EARLY LEARNING COALITION OF INDIAN RIVER 1,388.67 398116 08/06/2020 CHARLES A WALKER 75.00 398117 08/06/2020 CEMEX INC 401.28 398118 08/06/2020 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,125.00 398119 08/06/2020 STREETER,THEODIST&MARY 500.00 398120 08/06/2020 KWACKS INC 17,893.08 398121 08/06/2020 NICOLACE MARKETING INC 10,116.00 398122 08/06/2020 FEED THE LAMBS ENRICHMENT PROGRAM INC 3,431.00 398123 08/06/2020 LARIAT ENTERPRISES INC 225.00 398124 08/06/2020 PEOPLES,TAMIKA 69.23 398125 08/06/2020 BRENNTAG MID-SOUTH INC 7,562.26 398126 08/06/2020 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 398127 08/06/2020 MURPHY&WALKER P L 4,286.00 398128 08/06/2020 OVERDRIVE INC 826.92 398129 08/06/2020 KEITH GROCHOLL 125.00 398130 08/06/2020 GFA INTERNATIONAL INC 11,850.00 398131 08/06/2020 WILD TURKEY ESTATES OF VERO LLC 1,393.68 398132 08/06/2020 MUNICIPAL EMERGENCY SERVICES INC 11,448.47 398133 08/06/2020 ADAMS FENCE 2 LLC 150.00 398134 08/06/2020 ALEX MIKLO 100.00 398135 08/06/2020 BURNETT LIME CO INC 9,569.00 398136 08/06/2020 IMPECCABLE SIGNS INC 132.00 398137 08/06/2020 LEARNING ALLIANCE 43,142.50 398138 08/06/2020 W&G MAINTENANCE 11,820.00 398139 08/06/2020 STRAIGHT OAK LLC 145.45 398140 08/06/2020 SOLUTIONZ VIDEO CONFERENCING INC 850.00 398141 08/06/2020 KESSLER CONSULTING INC 1,162.50 398142 08/06/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 568.00 398143 08/06/2020 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 398144 08/06/2020 CATHEDRAL CORPORATION 1,120.89 398145 08/06/2020 UNIFIRST CORPORATION 999.17 398146 08/06/2020 CDA SOLUTIONS INC 9,163.16 398147 08/06/2020 SOLAR SOLUTIONS WINDOW TINTING INC 170.00 398148 08/06/2020 BARSALOU VENTURES LLC 1,530.66 398149 08/06/2020 EDWARD ILLIDGE 50.00 398150 08/06/2020 MATHESON TRI-GAS INC 4,026.00 398151 08/06/2020 ROBERT O RICHARDSON III 100.00 398152 08/06/2020 COLE AUTO SUPPLY INC 757.95 398153 08/06/2020 RHOADES AIR&HEAT 487.50 65 TRANS NBR DATE VENDOR AMOUNT 398154 08/06/2020 RELX INC 400.00 398155 08/06/2020 VEOLIA WATER TECHNOLOGIES INC 25,142.63 398156 08/06/2020 CORE&MAIN LP 9,584.16 398157 08/06/2020 WOERNER AGRIBUSINESS LLC 247.50 398158 08/06/2020 DJD EQUIPMENT HOLDINGS LLC 82,915.30 398159 08/06/2020 BOTTOMS UP BEVERAGE OF FLORIDA LLC 560.00 398160 08/06/2020 OCCIDENTAL FIRE&CASUALTY OF N CAROLINA 19,030.00 398161 08/06/2020 TRAFFIC SUPPLIES&DISTRIBUTION LLC 17,650.00 398162 08/06/2020 OSBURN ASSOCIATES INC 2,715.00 398163 08/06/2020 DIRECTV GROUP INC 81.24 398164 08/06/2020 EMPIRE PIPE ORLANDO LLC 316,920.00 398165 08/06/2020 AAG LIVE INC 4,808.96 398166 08/06/2020 WOOD ENVIRONMENT&INFRASTRUCTURE SOLUTIONS,3BX 42 398167 08/06/2020 AMAZON.CAPITAL SERVICES INC 6,438.25 398168 08/06/2020 W&J CONSTRUCTION CORP 189,161.41 398169 08/06/2020 AMERIGAS PROPANE LP 1,828.60 398170 08/06/2020 BENEFIT EXPRESS SERVICES LLC 15,683.15 398171 08/06/2020 JORDAN POWER EQUIPMENT CORP 1,063.11 398172 08/06/2020 LIBERTY TIRE RECYCLING LLC 1,299.26 398173 08/06/2020 ROCKY MOUNTAIN SKIING LLC 505.00 398174 08/06/2020 KRONOS SAASHR INC 34.75 398175 08/06/2020 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 739.02 398176 08/06/2020 DESK SPINCO INC 984.12 398177 08/06/2020 DESK SPINCO INC 659.50 398178 08/06/2020 MT CAUSLEY LLC 16,390.00 398179 08/06/2020 BLUE GOOSE CONSTRUCTION LLC 10,941.50 398180 08/06/2020 STAPLES INC 263.73 398181 08/06/2020 LOWES COMPANIES INC 2,431.82 398182 08/06/2020 PEOPLEREADY INC 9,852.80 398183 08/06/2020 SMI TRADING LLC 58.25 398184 08/06/2020 TAGMARSHAL INTERNATIONAL LIMITED 1,021.20 398185 08/06/2020 TOTAL GOLF CART LLC 173.93 398186 08/06/2020 CHRIS ZAVESKY 75.00 398187 08/06/2020 SITECRAFTERS OF FLORIDA INC 283,596.38 398188 08/06/2020 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 500.00 398189 08/06/2020 ROBERT A HUDSON 25.00 398190 08/06/2020 CONS OR ENGINEERS LLC 94,138.36 398191 08/06/2020 THEODORE SEMI 125.00 398192 08/06/2020 PRISM RESPONSE LLC 19,751.61 398193 08/06/2020 J-MAC CLEANING SERVICES INC 4,833.33 398194 08/06/2020 MC CROMETER INC 515.32 398195 08/06/2020 ANTHRO INTERNATIONAL INC 1,068.01 398196 08/06/2020 FIRE EQUIPMENT SERVICES OF FLORIDA INC 1,190.00 398197 08/06/2020 CYNTHIA TOWNSEND 1,118.25 398198 08/06/2020 AR CHOICE MANAGEMENT 150.00 398199 08/06/2020 VILLAS AT THREE OAKS COMMUNITY ASSOC INC 288.45 Grand Total: 1,718,919.08 66 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 900639 08/03/2020 GRACES LANDING LTD 10,247.00 900640 08/03/2020 WILLIE C REAGAN 468.00 900641 08/03/2020 RIVER PARK ASSOCIATES LIMITED 12,627.00 900642 08/03/2020 BETTY DAVIS SCROGGS 663.00 900643 08/03/2020 CREATIVE CHOICE HOMES XVI LTD 17,722.00 900644 08/03/2020 DAVID YORK 584.00 900645 08/03/2020 ST FRANCIS MANOR OF VERO BEACH 445.00 900646 08/03/2020 TREASURE COAST HOMELESS SERVICES 3,508.00 900647 08/03/2020 FLORIDA POWER AND LIGHT 363.00 900648 08/03/2020 DAVID SPARKS 366.00 900649 08/03/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,478.00 900650 08/03/2020 INDIAN RIVER COUNTY HOUSING AUTHORITY 2,873.00 900651 08/03/2020 CRAIG MERRILL 664.00 900652 08/03/2020 THE PALMS AT VERO BEACH 17,710.00 900653 08/03/2020 DAVID CONDON 708.00 900654 08/03/2020 HILARY MCIVOR 670.00 900655 08/03/2020 PELICAN ISLES LP 6,448.00 900656 08/03/2020 SUNCOAST REALTY&RENTAL MGMT LLC 5,687.00 900657 08/03/2020 OAK RIVER PROPERTIES INC 221.00 900658 08/03/2020 ADINA GOLDMAN 709.00 900659 08/03/2020 INDIAN RIVER RDA LP 4,776.00 900660 08/03/2020 LAZY J LLC 1,719.00 900661 08/03/2020 JESSE LEWIS 678.00 900662 08/03/2020 SKOKIE HOLDINGS INC 679.00 900663 08/03/2020 OSLO VALLEY PROPERTIES INC 364.00 900664 08/03/2020 SAID S MOOBARK 1,406.00 900665 08/03/2020 OSCEOLA COUNTY SECTION 8 759.26 900666 08/03/2020 ANTHONY ARROYO 692.00 900667 08/03/2020 DANIEL CORY MARTIN 703.00 900668 08/03/2020 YVONNE KOUTSOFIOS 120.00 900669 08/03/2020 ALAN R TOKAR 599.00 900670 08/03/2020 VERO BEACH VILLAS I LLC 438.00 900671 08/03/2020 BRIAN E GALLAGHER 591.00 900672 08/03/2020 SCOT WILKE 222.00 900673 08/03/2020 FOUNDATION FOR AFFORDABLE RENTAL 28,726.00 900674 08/03/2020 RICHARD KUSSEROW 449.00 900675 08/03/2020 JOHN T STANLEY 808.00 900676 08/03/2020 WEDGEWOOD RENTALS LLC 1,839.00 900677 08/03/2020 COALITION FOR ATTAINABLE HOMES INC 850.00 900678 08/03/2020 ALMA LUCKETT 802.00 900679 08/03/2020 MCLAUGHLIN PROPERTIES LLC 1,345.00 900680 08/03/2020 MYRIAM MELENDEZ 565.00 900681 08/03/2020 WATSON REALTY GROUP 2,546.00 900682 08/03/2020 SHEJI LLC 435.00 900683 08/03/2020 SUNQUEST APRTMENTS LLC 2,090.00 900684 08/03/2020 PJD HOLDINGS LLC 1,150.00 900685 08/03/2020 ORCHARD GROVE VENTURE LLC 3,329.00 900686 08/03/2020 SONRISE APARTMENT PROPERTIES LLC 2,572.00 900687 08/03/2020 SONRISE APARTMENT PROPERTIES LLC 100.00 900688 08/03/2020 2545 INDIAN RIVER BOULEVARD LLC 581.00 900689 08/03/2020 SREIT LEXINGTON CLUB LLC 20,988.00 900690 08/03/2020 VERO BEACH LEASED HOUSING ASSOC III LLLP 12,136.00 900691 08/03/2020 LAWRENCE C SALTER TRUST 463.00 Grand Total: 182,681.26 67 ELECTRONIC PAYMENT- VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1016942 07/31/2020 AT&T CORP 7,447.10 1016943 07/31/2020 OFFICE DEPOT INC 1,789.91 1016944 07/31/2020 COMCAST 466.36 1016945 08/06/2020 AT&T CORP 2,477.95 1016946 08/06/2020 OFFICE DEPOT INC 685.53 1016947 08/06/2020 POLYDYNE INC 5,152.00 1016948 08/06/2020 WASTE MANAGEMENT INC OF FLORIDA 944.13 1016949 08/06/2020 PARKS RENTAL&SALES INC 66.00 1016950 08/06/2020 SUB AQUATICS INC 1,402.95 1016951 08/06/2020 INDIAN RIVER BATTERY 1,648.00 1016952 08/06/2020 INDIAN RIVER OXYGEN INC 385.50 1016953 08/06/2020 MIKES GARAGE&WRECKER SERVICE INC 145.00 1016954 08/06/2020 GALLS LLC 142.60 1016955 08/06/2020 MEEKS PLUMBING INC 2,715.00 1016956 08/06/2020 ABCO GARAGE DOOR CO INC 145.00 1016957 08/06/2020 ALLIED UNIVERSAL CORP 7,424.19 1016958 08/06/2020 IRRIGATION CONSULTANTS UNLIMITED INC 1,748.06 1016959 08/06/2020 GROVE WELDERS INC 89.56 1016960 08/06/2020 SOUTHERN COMPUTER WAREHOUSE INC 1,360.80 1016961 08/06/2020 COMO OIL COMPANY OF FLORIDA 62.23 1016962 08/06/2020 PRIDE ENTERPRISES 276.60 1016963 08/06/2020 STRYKER SALES CORP 2,500.00 1016964 08/06/2020 MIDWEST MOTOR SUPPLY CO 44.98 1016965 08/06/2020 RECHTIEN INTERNATIONAL TRUCKS 544.54 1016966 08/06/2020 METRO FIRE PROTECTION SERVICES INC 322.90 1016967 08/06/2020 L&L DISTRIBUTORS 480.80 1016968 08/06/2020 HYDRA SERVICE(S)INC 20,211.48 1016969 08/06/2020 CM&S INDUSTRIES INC 1,820.00 1016970 08/06/2020 GUARDIAN ALARM OF FLORIDA LLC 75.00 1016971 08/06/2020 NEXAIR LLC 55.00 1016972 08/06/2020 EFE INC 1,294.29 1016973 08/06/2020 PACE ANALYTICAL SERVICES LLC 108.00 Grand Total: 64,031.46 68 ELECTRONIC PAYMENTS - WIRE &ACH TRANS NBR DATE VENDOR AMOUNT 7839 07/31/2020 KIMLEY HORN&ASSOC INC 49,017.38 7840 07/31/2020 KIMLEY HORN&ASSOC INC 9,604.50 7841 07/31/2020 C E R SIGNATURE CLEANING 11,491.00 7842 08/03/2020 CLERK OF CIRCUIT COURT 90,887.58 7843 08/03/2020 INDIAN RIVER COUNTY SHERIFF 4,365,950.66 7844 08/03/2020 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 109,606.98 P-CARD 08/03/2020 TD BANK,N.A. 9,088.40 7845 08/04/2020 FL RETIREMENT SYSTEM 756,266.18 7846 08/04/2020 ALLSTATE 175.92 7847 08/04/2020 AMERICAN FAMILY LIFE ASSURANCE CO 20,984.94 7848 08/04/2020 MUTUAL OF OMAHA 7,399.88 7849 08/04/2020 VERO HERITAGE INC 1,390.60 7850 08/05/2020 KIMLEY HORN&ASSOC INC 24,453.75 7851 08/05/2020 BLUE CROSS&BLUE SHIELD OF FLORIDA INC 39,191.50 7852 08/05/2020 MUTUAL OF OMAHA 18,875.77 7853 08/05/2020 HIGHMARK STOP LOSS 67,887.60 7854 08/05/2020 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,193.60 Grand Total: 5,586,466.24 69 V 1 404.-% Carole Jean Jordan, CFC . Tax Collector Rte'' "How MAY WE HELP You? MEMORANDUM TO: Jason Brown, County Administrator FROM: Carole Jean Jordan, Tax Collec r SUBJECT: Consent Agenda Itemg tAiljrc--- DATE: August 7, 2020 Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday, August 18, 2020. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the 2020 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2020. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollectorgbirctax.com . Website: www.irctax.com Phone: (772) 226-1338 + Fax (772) 770-5009 70 Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. 71 July 13, 2020 Board of County Commissioners Attention: Susan Adams 1801 27th Street,Bldg A Vero Beach,FL 32960 Re: Errors and Insolvencies Report for the 2019 Tax Roll Dear Chairman Adams: Pursuant to Chapter 197.492 of the Florida Statutes,please find enclosed the Recapitulation of the 2019 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance,please do not hesitate to contact me. Thank you. Sincerely, 44,,i0L Carole Jean Jordan Indian River County Tax Collector CJJ:ekp Attachments 72 505 02/18 INSTRUCTIONS To Tax Collectors: 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason for reduction in the right-hand column. 3.As much as possible, group together all items coming under one heading. For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whether widow, veteran, homestead, disability, etc. Tax Collector Recapitulation I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors, double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2019 that the discounts were actually earned for the month as shown; that the attached list shows all errors and double assessments as the property appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I have not collected any of the items on the attached list. I am entitled to credit against the 2019 assessment roll on the following amounts: Discounts 11,098,648.19 Errors 262,841.00 a Double Assessments 0.00 Insolvencies 6,459.15 Federal Bankruptcies 0.00 Other: (specify) Under minimum 5,476.41 Total 11,373,424.75 a Indian River 07/13/2020 Signature, Tax Collector County Date 73 REPORT OF DISCOUNTS,ERRORS, DOU BLE ASSESMENTS,AND INSOLVENCIES Section 197.492,Florida Statutes Certified to the Board of County Commissioners by Carole Jean Jordan Tax Collector for Indian River County,Florida. Discounts,errors,double assessments,insolvencies,and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item Before submitting this list to the board of county commissioners,the tax collector must fill out and sign the certificate at the end of this form as the last page of the report and _ Description of land or personal property - Reason for Person the tax is assessed against in the roll Property ID# Total taxes deleted reduction LOMBARDO SAMUEL N(TR) 33-40-34-00001-0000-00003/0 23,197.42 Errors ROSS MARY F(TR)(QPRT)(2021) 33-40-27-00015-0000-00103/0 1,671.47 Errors KLEINKNECHT PETER 1&MAUREEN 33-40-27-00001-0000-00006/0 11,571.05 Errors SARBAK JOHN M and LISA L 33-40-21-00008-0000-00084/02,932.63 Errors GARNETT DAVID H&LORRI S 33-40-21-00008-0000-00055/0 4,597.91 Errors MANELSKI DENIS&JENNIFER 33-40-21-00007-0000-00001/0 13,413.03 Errors KEENAN MATTHEW A 33-40-21-00005-0000-00030/0 183.00 Errors LEAHY JOHN F JR&MARY C 33-40-18-00002-0260-00202/0 596.10 Errors OGDEN JULIE KATHERINE - - 33-40-08-00004-0000-00004/0 818.25 Errors BERKHEIMER GERALD G(TR)(TOK) 33-40-07-00005-0000-00018/0 1,709.85 Errors DYLINATIMOTHYJ(TRS) 33-39-36-00012-0070-00028/0 4,692.35 Errors CLARKE NOVA 33-39-36-00005-1150-00022/0 1,642.78 Errors ANDREW AQUILA 33-39-36-00005-1120-00015/0 317.90 Errors MESLEY MICHAEL 1 33-39-36-00005-0790-00008/0 1,939.07 Errors REPCHECK JEAN R(LE) - 33-39-35-00005-0000-00305/0 847.18 Errors SPANN WALTER E 33-39-35-00002-1480-00018/0 2,680.06 Errors FUGATE DAVID&BARBARA 33-39-35-00002-1470-00023/0 896.53 Errors DOUGLAS AMBROSE B(LE)&BARBARA M(LE) 33-39-28-00011-0000-00011/0 76.07 Errors MILLS MILTON E JR&ALEXIS 33-39-27-00002-0120-00014/0 1,205.10 Errors CASTAGNIER ANNIE LINDA - 33-39-26-00005-0008-00021/1 178.55 Errors VALENZUELA MALINDA 33-39-26-00004-0004-00017/0 581.63 Errors ANDERSON,DANNY L&SHARON M 33-39-24-00022-0000-00140/0 (6.89) Errors ANDERSON DANNY L&SHARON M 33-39-24-00022-0000-00140/0 6.89 Errors DUPREY MICHAEL WILLIAM 33-39-24-00003-0150-00040/0 93.89 Errors O'SHEA MICHAELJR&HANNAH 1 33-39-23-00016-0000-00177/0 (36.06) Errors O'SHEA MICHAELJR&HANNAH 1 33-39-23-00016-0000-00177/0 36.06 Errors BROWN MARY L(LE) 33-39-23-00014-0000-00141/0 643.65 Errors KUDUK MARTIN and LOUANN 33-39-23-00011-0000-00004/0 2,167.00 Errors PETTINE EDWARD I& 33-39-22-00026-0002-00019/0 1,270.00 Errors GAIDRY DEON D(TR) 33-39-18-00002-0000-00004/0 2,215.38 Errors WATSON GEORGE E&GLENDA S 33-39-17-00002-0008-00011/0 (19.21) Errors WATSON GEORGE E&GLENDA S 33-39-17-00002-0008-00011/0 19.21 Errors PELUSO BEVERLY R(LE) 33-39-16-00007-0000-00041/0 1,731.32 Errors FINETHY SHANE 33-39-16-00003-0002-00016/0 1,295.88 Errors KANE NICHOLE M 33-39-15-00009-0004-00017/0 1,533.16 Errors GUIDEBECK DAVID M&RHONDA 33-39-14-00017-0002-00009/0 1,418.62 Errors PARER JASON M 33-39-14-00017-0001-00004/0 2,323.74 Errors MASSEY SHULER W SR(TR)&CHERYL B(TR) 33-39-14-00001-0040-00011/0 526.81 Errors 656-658-660 2ND LANE LLC 33-39-13-00023-0000-00003/0 23.52 Errors DANIEL FRANK MARK 33-39-12-00038-0020-00006/0 869.12 Errors LAS22 LLC 33-39-12-00038-0020-00005/0 651.81 Errors JACQUELIN ROGER A&MAUREEN K 33-39-12-00038-0020-00003/0 651.81 Errors TYRPAK MARC 33-39-12-00038-0020-00002/0 385.50 Errors MARINO ANGELO1&MICHELE T 33-39-12-00020-0000-00009/0 902.25 Errors KINCAID MARY ELIZABETH(TR) 33-39-11-00011-0010-00021/0 1,924.69 Errors LESSARD RICHARD E&PATRICIA A 33-39-11-00001-0020-00005/0 1,351.77 Errors BEUTH MADGE E(LE) 33-39-10-00030-0030-00006/4 815.09 Errors GAINES DELANEY ROSE 33-39-10-00015-0012-00007/0 1,160.89 Errors THULL KURT 33-39-10-00001-0060-00006/0 810.92 Errors SCHMIDT SUZANNE 33-39-09-00007-0000-00006/0 790.58 Errors INDIAN RIVER COUNTY 33-39-09-00001-0080-00001/0 78.00 Errors SCHACHT&COMPANY INC 33-39-08-00004-0000-00004/0 1,387.30 Errors SCHACHT&COMPANY INC 33-39-08-00004-0000-00003/0 1,384.79 Errors SCHACHT&COMPANY INC 33-39-08-00004-0000-00002/0 1,173.48 Errors SCHACHT&COMPANY INC 33-39-08-00004-0000-00001/0 1,170.94 Errors MARINE DOUGLAS 1&M ELENA 33-39-08-00001-0150-00008/0 758.52 Errors SCOTT WILLIAM H JR(LE)&SANDRA M(LE) 33-39-08-00001-0140-00003/0 2,176.38 Errors BEATTY BYRON H SR(TRS)& 33-39-07-00001-0080-00005/0 297.17 Errors INTZEGIAN EMELDA&ARTIN 33-39-06-00014-0000-00081/0 2,907.11 Errors KUEHNE JOHN H&KAREN L 33-39-04-00019-0040-00001/0 (314.27) Errors STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-04-00010-0000-00009/0 120.90 Errors STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 33-39-04-00010-0000-00008/0 120.90 Errors SCIBELLI FRANCINE 33-39-03-00030-0020-00001/0 (664.00) Errors BLACKWELLJAMES M 33-39-03-00019-0080-00003/0 520.02 Errors LINDSAY RITA C& - 33-39-02-00020-0040-00003/0 1,675.34 Errors 74 GOULD VICTORIA L 33-39-02-00016-0040-00007/0 1,216.34 Errors SURLES MARK and MAUREEN 33-39-02-00016-0040-00005/0 483.31 Errors CABRERA-RIVERO ODALYS 33-39-02-00006-0240-00000/7 3,935.24 Errors OLSON DONNA P 33-39-01-00031-0050-00018/0 (1,546.23) Errors HUCK DEBBIE K 33-39-01-00027-0020-00005/9 719.85 Errors RENNICK STEVE A&RENEE G 33-39-01-00005-0340-00024/0 916.46 Errors HANSON JAMES A&CHRISTINE P 33-38-12-00001-0130-00001/0 2,025.00 Errors FEREBEE DAVID WARREN 33-38-09-00002-0000-00287/0 485.64 Errors KREWSON KIMBERLY K 33-38-09-00002-0000-00051/0 980.29 Errors LRP OF VERO LLC 33-38-04-00001-0090-00002/3 (993.01) Errors LRP OF VERO LLC 33-38-04-00001-0090-00002/2 1,186.77 Errors ARMENTAJOSEFINA 33-38-02-00002-0150-0001.9/0 (354.69) Errors BROWN PROPERTY HOLDINGS LLC 33-38-02-00001-0130-00001/0 127.26 Errors RABON EILEEN(LE) 32-40-32-00017-0040-00031/0 1,596.77 Errors COLVER JILL A(TR)(1/2) 32-40-32-00012-0020-00009/0 766.74 Errors BUTLER LAUREL 32-40-32-00011-0000-00006/0 5,767.97 Errors SIMPSON AMANDA1 32-40-32-00006-0130-00001/0 871.20 Errors WATSON SARAH F(TR) 32-40-32-00004-0140-00016/0 3,704.07 Errors ZERPA CARSON E 32-40-30-00008-0000-00012/0 2,100.25 Errors LONG ISAAC P JR(LE) 32-40-19-00012-0000-00202/0 895.06 Errors HEALY MARIE 32-40-19-00006-0070-00001/0 1,413.90 Errors COURTLAND MELINDA STEWART 32-40-18-00036-0000-00001/0 1,295.46 Errors BUNN EMORY FREEMAN(TR)(1/2) 32-40-18-00001-0000-00087/0 11,180.60 Errors MICHAEL JOHN W&ROSE M 32-39-33-00001-0050-00002/0 596.53 Errors VAN ALLAN MARJORIE 32-39-32-00018-0000-00137/0 876.57 Errors BEVERLY KEVIN R&ROBYN A 32-39-32-00004-0000-00003/0 262.54 Errors GAYNOR DOLORES J(LE) 32-39-29-00006-0000-00016/0 1,483.79 Errors WATSON BRUCE P&LINDA J 32-39-29-00002-0230-00001/0 2,957.98 Errors HIMMEL MICHAEL STEVEN&ANN MARIE 32-39-26-00018-0000-00014/0 610.55 Errors CITY OF VERO BEACH 32-39-26-00011-0260-00001/0 27,232.47 Errors WILLIAMS HUE E(TR) 32-39-22-00007-0100-00001/0 987.50 Errors MCGRIFF CONNIE(LE) 32-39-22-00007-0020-00001/1 380.38 Errors WILLIAMS ALFRED HALE&VERNA M 32-39-22-00000-5000-00067/0 98.13 Errors STAUDENMAI ER WALTER J JR(TR) 32-39-21-00013-0000-00125/0 193.18 Errors MORGAN DORETHA 32-39-21-00003-0090-00009/0 1,728.79 Errors RYALL FROMANG MARSHA LYNN 32-39-18-00001-0080-00001/0 (2,752.90) Errors KENNEDY KENNETH P&SARA C 32-39-10-00005-0000-00061/0 1,507.45 Errors BORELLI ROBERT G(COTR)&DEBORAH P(COTR)FBO BORELLI FAMILY TRUST 32-39-09-00010-0000-00017/0 1,620.15 Errors INDIAN RIVER COUNTY 32-39-07-00001-9999-00006/0 (304.02) Errors INDIAN RIVER COUNTY 32-39-07-00001-9999-00006/0 304.02 Errors INDIAN RIVER COUNTY 32-39-07-00001-9999-00002/0 (276.67) Errors INDIAN RIVER COUNTY 32-39-07-00001-9999-00002/0 276.67 Errors INDIAN RIVER COUNTY 32-39-07-00001-0010-00003/1 (142.36) Errors INDIAN RIVER COUNTY 32-39-07-00001-0010-00003/1 142.36 Errors JACKSON BILLY W 32-39-07-00001-0010-00003/0 142.36 Errors JACKSON BILLY W 32-39-07-00001-0010-00003/0 (142.36) Errors INDIAN RIVER COUNTY 32-39-06-00001-0160-00004/0 (365.24) Errors THOMPSON PAUL EDWARD JR& 32-39-06-00001-0090-00004/1 (95.31) Errors THOMPSON PAUL EDWARD JR& 32-39-06-00001-0090-00004/1 95.31 Errors THOMPSON PAUL EDWARD JR&,THOMPSON RENNIE SUE 32-39-06-00001-0090-00004/0 95.31 Errors THOMPSON PAUL EDWARD JR& 32-39-06-00001-0090-00004/0 (95.31) Errors 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0222259 0000 468.43 Errors INDIAN RIVER MEMORIAL HOSPITAL INC 0221998 0000 84.65 Errors INDIAN RIVER MEMORIAL HOSPITAL INC 0221349 0000 128.91 Errors ORCHID UNDERWRITERS AGENCY,LLC 0221016 0000 (18,091.80) Errors ORCHID UNDERWRITERS AGENCY INC 0221016 0000 8,696.70 Errors ORCHID UNDERWRITERS AGENCY INC 0221016 0000 6,771.49 Errors ORCHID UNDERWRITERS AGENCY INC 0221016 0000 2,623.61 Errors CAPCAN II 0220522 0000 621.18 Errors INDIAN RIVER MEDICAL CENTER 0220254 0000 1,048.54 Errors CAPCAN II 0220154 0000 621.18 Errors MD NOW MEDICAL CENTERS INC 0219446 0000 41.17 Errors 2602 PETROL INVESTMENTS LLC 0217459 0000 5,010.37 Errors CAPT'N BUTCHER INC 0199513 0000 2,735.35 Errors Grand Total-Errors 262,841.00 CITY OF FELLSMERE,FLORIDA 31-37-00-00002-0000-00014/0 244.33 Insolvencies STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 32-38-01-00000-9999-00003/0 45.62 Insolvencies ' INDIAN RIVER COUNTY 32-39-06-00001-0090-00004/0 38.97 Insolvencies INDIAN RIVER COUNTY 32-39-06-00001-0160-00004/0 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32-39-15-00000-1000-00025/0 1.28 Under Minimum BENT PINE GOLF CLUB INC 32-39-15-00000-3000-00011/2 28.24 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/1 28.24 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/2 28.24 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00010/0 19.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00013/0 19.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00014/0 19.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00015/0 19.50 Under Minimum INDIAN RIVER COUNTY 32-39-17-00002-0010-00016/0 19.50 Under Minimum PROVIDENCE POINTE VERO BEACH LLC 32-39-20-00001-0030-00003/0 22.42 Under Minimum CAC VERO I LLC 32-39-22-00000-1000-00003/2 25.87 Under Minimum PUBLIX SUPER MARKETS INC 32-39-23-00029-0000-00000/2 7.80 Under Minimum ESTUARY DEVELOPMENT LTD' 32-39-24-00002-0000-00000/1 0.27 Under Minimum TRS OF ST PETERS MISSIONARY BAPTIST CHURCH 32-39-26-00000-3000-00048/0 23.00 Under Minimum SEGMENT MARKETS 85 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RAQUEL 33-39-10-00001-0070-00004/0 29.19 Under Minimum SOWELL BROADUS F(TR)FBO BROADUS F&PATRICIA B SOWELL REVOCABLE TRUST 33-39-10-00001-0070-00009/2 29.19 Under Minimum UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BEACH INC 33-39-10-00003-0010-00003/0 19.50 Under Minimum SANDALWOOD OF VERO HOA INC 33-39-10-00030-0080-00001/0 1950 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00004/0 19.50 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00016/0 19.50 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00018/0 19.50 Under Minimum LEWIS JESSIE G•& 33-39-12-00000-1000-00042/0 14.24 Under Minimum ABG 19 LLC 33-39-12-00000-1000-00042/1 19.40 Under Minimum SAWMILL RIDGE PROPERTIES INC 33-39-12-00000-3000-00039/0 25.87 Under Minimum GRIMM MANAGEMENT LTD PTNR 33-39-12-00000-3000-00039/1 3.24 Under Minimum VILLAGE WALK INC• 33-39-12-00043-0000-00001/0 12.95 Under Minimum HEALTH CARE REIT INC" - 33-39-13-00000-1000-00014/0 7.77 Under Minimum SCHLITT MARGUERITE M(1/2)& 33-39-13-00000-7000-00002/1 6.47 Under Minimum PIONEER BAPTIST CHURCH OF VERO BEACH INC 33-39-13-00022-0000-00002/0 19.50 Under Minimum CARINI EUGENE•and OLIVE B 33-39-15-00001-0080-00019/0 24.67 Under Minimum TEMPLE BETH SHALOM OF VERO BEACH INC 33-39-16-00001-0090-00010/1 19.50 Under Minimum 79 WATSON GEORGE E&GLENDA S 33-39-17-00002-0008-00011/0 19.21 Under Minimum ENRIQUEZ PEDRO&TERESA 33-39-18-00001-0050-00004/0 22.09 Under Minimum DM PERFECTION INC 33-39-24-00014-0000-00000/1 12.95 Under Minimum ANDERSON,DANNY L&SHARON M 33-39-24-00022-0000-00140/0 6.89 Under Minimum TREASURE COAST COMMUNITY HEALTH INC 33-39-26-00001-0010-00002/1 19.50 Under Minimum CANAL R/W 33-39-34-00001-0130-00002/0 7.77 Under Minimum TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 2.59. Under Minimum VISTA II INC' 33-40-19-00001-0010-00002/1 11.62 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00001/0 12.31 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00004/0 22.16 Under Minimum MAASAI SPECIAL PROJECTS FUND INC 33-40-28-00000-0030-00005/0 21.92 Under Minimum ATLANTIS PROPERTIES OF VERO BEACH LLC(2/3)& 33-40-28-00000-0030-00007/0 26.00 Under Minimum BAUR SHAUNA 33-40-28-00000-0040-00005/0 5.06 Under Minimum REDEVGROUP INC 33-40-28-00000-0040-00007/1 6.21 Under Minimum HARBOUR SIDE YACHT CLUB INC' 33-40-28-00005-0000-00000/1 9.00 Under Minimum FLORIDA POWER&LIGHT COMPANY 33-40-31-00000-5000-00004/1 25.87 Under Minimum INDIAN RIVER LAND TRUST INC& 33-40-31-00005-0010-00001/0 24.00 Under Minimum MAITLAND FARM PRESCHOOL 0057750 0000 29.11 Under Minimum COLKITT SHEET METAL&AC INC 0074450 0000 21.47 Under Minimum C D M SMITH INC 0189225 0000 10.93 Under Minimum DERMATHERAPY INC 0190361 0000 21.44 Under Minimum STATE FARM MUTUAL AUTO INS CO 0191447 0000 28.20 Under Minimum CLEMENS BRUNS SCHAUB ARCH&ASSO 0192544 0000 17.48 Under Minimum AESTHETIC&RECONSTRUCTION PLASTIC SURGERY,INC 01976900000 20.39 Under Minimum COMPASS GROUP USA INC 0199693 0000 16.85 Under Minimum JOCKEY INTERNATIONAL GLOBAL 0200465 0000 22.86 Under Minimum INDIAN RIVER DONUTS INC 0201423 0000 21.83 Under Minimum DIXSAN INC 0202761 0000 25.41 Under Minimum CATTLECAR DELAWARE INC 0202837 0000 20.14 Under Minimum JO LORI ATWO INC 0204785 0000 24.52 Under Minimum DAVID FRANCIS FURNITURE CORP 0205139 0000 20.25 Under Minimum VERO BEACH BROADCASTERS LLC 0208222 0000 22.59 Under Minimum HUGHES NETWORK SYSTEMS LLC 0209138 0000 12.44 Under Minimum MCCAFFERY&ASSOCIATES INC 0212591 0000 28.22 Under Minimum JETSON TV&APPLIANCE CENTER INC 0213966 0000 2.97 Under Minimum SAY IT AINT SEW INC 0217420 0000 6.39 Under Minimum DEONARINE MEDICAL CTR LLC 0217509 0000 3.29 Under Minimum GRAVES&THOMAS INJURY LAW GROUP 0218388 0000 15.91 Under Minimum FAMILY DOLLAR STORES OF FL INC 0218418 0000 9.90 Under Minimum CREATIVE HAIRDRESSERS INC 0218522 0000 14.25 Under Minimum CREATIVE HAIRDRESSERS INC 0218524 0000 22.26 Under Minimum STATE FARM MUTUAL AUTO INS CO 0218786 0000 4.05 Under Minimum PATTISON SIGN GROUP 800592 0220371 0000 7.20 Under Minimum COMCAST IP PHONE II LLC 0220379 0000 8.19 Under Minimum PELICAN DINER INC 0220670 0000 27.01 Under Minimum COMCAST IP PHONE II LLC 0220811 0000 0.53 Under Minimum COMCAST IP PHONE II LLC 0220812 0000 3.76 Under Minimum COMCAST IP PHONE II LLC 0220813 0000 8.62 Under Minimum COMCAST IP PHONE II LLC 0220814 0000 7.16 Under Minimum OVT LEASING COMPANY 0221335 0000 3.20 Under Minimum INDIAN RIVER MEMORIAL HOSPITAL INC 0221348 0000 16.08 Under Minimum DOBBS EQUIPMENT LLC 0221389 0000 19.46 Under Minimum COMCAST BROADBAND SECURITY 0222051 0000 21.46 Under Minimum VZW PERSONAL COMM LP 0222053 0000 6.99 Under Minimum THREADS BOUTIQUE AND CONSIGNMENT LLC 0222413 0000 6.26 Under Minimum VERO HYDRAULICS LLC 0222465 0000 2.46 Under Minimum LIFE STORAGE LP 0222485 0000 27.85 Under Minimum AZTEC FINANCIAL INC 0222497 0000 14.31 Under Minimum VERTICAL BRIDGE LANDCO LLC 0222524 0000 17.05 Under Minimum VERTICAL BRIDGE LANDCO LLC 0222525 0000 4.71 Under Minimum UNIFI EQUIPMENT FINANCE 0222756 0000 6.34 Under Minimum CSC SERVICEWORKS INC 0222798 0000 18.83 Under Minimum ASCENTIUM CAPITAL LLC 0222820 0000 26.63 Under Minimum HUGHES NETWORK SYSTEMS LLC 0223030 0000 10.21 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223037 0000 24.75 Under Minimum SOMMERS CONSTRUCTION LLC 0223057 0000 20.30 .Under Minimum GEORGE HACKNEY INC 0223115 0000 4.74 Under Minimum GREAT CLIPS 0223168 0000 18.10 Under Minimum CSC SERVICEWORKS INC 0223235 0000 15.91 Under Minimum CSC SERVICEWORKS INC 0223236 0000 7.42 Under Minimum DATAPATH VERTICAL BRIDGE LLC 0223249 0000 18.16 Under Minimum DESIGN LLC 0223255 0000 15.74 Under Minimum DIVOSTA HOMES LP 0223266 0000 17.63 Under Minimum HARRIS CORP-GCSD 0223274 0000 7.60 Under Minimum HARRIS CORP-GCSD 0223275 0000 11.75 Under Minimum HARRIS CORP-GCSD 0223276 0000 5.32 Under Minimum 80 HARRIS CORP-GCSD 0223277 0000 4.27 Under Minimum HARRIS CORP-GCSD 0223278 0000 19.00 Under Minimum HARRIS CORP-GCSD 0223279 0000 18.90 Under Minimum HARRIS CORP-GCSD 0223280 0000 9.49 Under Minimum HARRIS CORP-GCSD 0223281 0000 9.95 Under Minimum HARRIS CORP-GCSD 0223282 0000 8.03 Under Minimum HARRIS CORP-GCSD 0223283 0000 9.21 Under Minimum HARRIS CORP-GCSD 0223284 0000 4.16 Under Minimum HARRIS CORP-GCSD 0223285 0000 10.18 Under Minimum ENTERPRISE LEASING CO OF FL 0223288 0000 26.73 Under Minimum AT&T MOBILITY LLC 0223301 0000 1.19 Under Minimum FASTENAL COMPANY 0223326 0000 13.14 Under Minimum OSCEOLA ORGANIC FARM LLC 0223327 0000 23.62 Under Minimum ANDERSONS,THE 7100006 2.91 Under Minimum GREENBRIER MGT SVCS LLC 7100031 2.06 Under Minimum DAVID.'JOSEPH CO 7100215 11.00 Under Minimum TITAN FLORIDA LLC 7100330 14.86 Under Minimum VALERO TERMINATING&DISTR CO 7100351 14.66 Under Minimum ANDERSONS,THE 7200006 0.91 Under Minimum CHEVRON USA INC 7200014 20.77 Under Minimum GREENBRIER MGT SVCS LLC 7200031 0.64 Under Minimum DAVID)JOSEPH CO 7200215 3.54 Under Minimum AMERICAN RAILCAR INDUSTRIES 7200253 25.27 Under Minimum TITAN FLORIDA LLC 7200330 4.73 Under Minimum VALERO TERMINATING&DISTR CO 7200351 4.67 Under Minimum R G C X,L L C 7200766 0000 10.28 Under Minimum ANDERSONS,THE 7300006 5.03 Under Minimum GREENBRIER MGT SVCS LLC 7300031 3.60 Under Minimum DAVID.'JOSEPH CO 7300215 19.18 Under Minimum TITAN FLORIDA LLC 7300330 25.90 Under Minimum VALERO TERMINATING&DISTR CO 7300351 25.52 Under Minimum ANDERSONS,THE 7400006 1.97 Under Minimum GREENBRIER MGT SVCS LLC 7400031 1.39 Under Minimum DAVID.]JOSEPH CO 7400215 7.53 Under Minimum TITAN FLORIDA LLC 7400330 10.14 Under Minimum VALERO TERMINATING&DISTR CO 7400351 10.02 Under Minimum RG CX,LLC 7400766 0000 22.05 Under Minimum Grand Total-Under Minimum 5,476.41 Grand Total-Discounts 11,098,648.19 Discounts Grand Total-Errors,Insolvencies,Under Minimum&Discounts 11,373,424.75 81 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson,AICP Community Development Director FROM: Brian Freeman,AICP MPO Staff Director DATE: August 10, 2020 SUBJECT: Consideration of the 2020 Update to the Public Transportation Agency Safety Plan (PTASP) It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION, CONDITIONS,AND ANALYSIS As a recipient of transit operating and capital assistance through the Federal Transit Administration's Section 5307 program, Indian River County is required to adopt a Public Transportation Agency Safety Plan (PTASP). The purpose of the PTASP is to establish the processes and procedures necessary for implementing a safety management system. The County's public transportation operator,the Senior Resource Association,has prepared a draft Public Transportation Agency Safety Plan and is now submitting it for approval by the Board of County Commissioners. The draft PTASP is based on federal guidance as well as SRA's existing Security Program Plan, which has been required by FDOT for several years. According to federal guidance, a safety management system includes the following components: • Safety Management Policy: identifying safety objectives, establishing a confidential employee reporting program, identifying safety responsibilities, and designating a chief safety officer. • Safety Risk Management: hazard identification, risk assessment, and mitigation development. • Safety Assurance: developing processes for safety performance monitoring and measurement. • Safety Promotion: developing a comprehensive safety training program and safety communication. 82 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Agency Safety Plan(PTASP)prepared by the Senior Resource Association(SRA). ATTACHMENTS 1. 2020 Update to the Public Transportation Agency Safety Plan (PTASP) 83 4nale Senior • Resource • : ASSOCIATION Promoting Independence in our community Public Transportation Agency Safety Plan (PTASP 84 PTASP Elements: 1) Transit Agency Information a. Accountable Executive Named b. Records of Revision c. Master List of Updates 2) Certification Page 3) List of Acronyms&Definitions 4) Chapter 1: SMS Introduction and Performance Targets a. SMS Performance Targets 5) System Description 6) Chapter 2: Safety Responsibilities a. SMS Contacts b. Roles and Responsibilities 7) Chapter 3: Safety Policy Statement 8) Chapter 4: Safety Culture a. Safety Culture Policy 9) Chapter 5: Risk Management a. Hazard Management Program i. Hazard Management Program Flow Chart 10)Chapter 6: Accident/Incident/Occurrence Investigation&Reporting a. Operator/Employee Responsibilities b. Investigator Responsibilities c. Determinations Report Form d. Corrective Action e. NTD Reporting f. 5310 Vehicle Reporting to FDOT g. Near Miss Reporting Insert for Drivers' Handbook 11)Chapter 7: SMS Communication 12)Chapter 8: Training,Awareness & Competencies 13)Chapter 9: Information Management 14)Chapter 10: SMS Assessment 15)Chapter 11: Emergency Response Planning 16)Chapter 12: Security Program Plan 17)Chapter 13: Selection, Qualification& Training of Drivers 18)Chapter 14: Records Management 19)Chapter 15: Drug and Alcohol Program 20)Chapter 16: Vehicle and Facilities Maintenance 21)Chapter 17: Operating Requirements a. Medical Examinations b. Wireless Communication 22)Chapter 19: Vehicle Equipment Standards and Procurement Criteria 23)Appendix 85 Transit Agency Information ransit Agency IN ame Senior Resource Association,Inc. (Goline and Community Coach) DEIZI Agency 4385 43`d Ave.,Vero Beach,FL 32967 Address ame eantageff Accountable Karen Deigl, President&CEO ame of Ghief Safety Chris Stephenson,Director of Transportation Officer Mode((s of ei ice Bus Transit Fixed Route alkaafinW Funding 5307, 5310 5311 Covered avand Paratransit Types ' Mode(s)of ervice I Provided(IlyQ'� Transit Agenc, Bus Transit,Fixed Route and Paratransit Directly operated contracted Does de agency Yes SRA has a contract to provide Public I provide transit Description ce Transportation for Indian River County godisispaa behalf ice Arrangement s through at least 2024 another Gide -Name of Transit agitigat Mita Indian River County glagesci a§Pro ided Records of Revision Note: Retain this record in the manual and update at every revision change or on cycle, whichever comes first. Revision Number Dated @:3 PRACV Original 01/01/2020 Chris Stephenson Master List of Updates The below noted updates are incorporated into this manual: Section Update Details Original Not Applicable—Original 86 PTASP Certification =9 Senior Resource ASSOCIATION Promoting Independence in our Community ANNUAL SAFETY CERTIFICATION AND ADOPTION Date: 03/31/2020 • Name: Senior Resource Association Indian River Transit GoLine Community Coach Address: 4385 43rd Avenue Vero Beach,Florida 32967 In accordance with FTA 49 CFR Part 673 Final Rule,the board of Directors of the bus system named above hereby adopts and certifies to the following: 1. The adoption of the Safety Management System for calendar year 2020 2. Compliance with adopted standards of the Public Transportation Agency Safety Plan (PTASP), for calendar year 2020 3. Performance of safety inspections on all buses operated in accordance with Rule 14- 90.009, for calendar year 2020 Signature: Name: Don Wright Title: Chairman of the Board of Directors, Senior Resource Association Signature: Name: Karen Deigl Title: Chief Executive Officer, Senior Resource Association 87 List of Acronyms: ACC/INC: Accident/Incident ALARP: As Low as.Reasonably Practicable CAP: Corrective Action Plan. FDOT: Florida Department of Transportation FHR: Final Hazard Rating FTA: Federal Transportation Administration IHR: Initial Hazard Rating NTD: National Transit Database OSHA: Occupational Safety and Health Administration SMS: Safety Management System SOP: Standard Operating Procedure SSP: System Security Plan: SSPP: System Safety Program Plan(replaced by PTASP) Definitions: As Low as Reasonably Practicable—A condition where a risk/hazard has been mitigated to its lowest manageable level. Accident—an event that involves any of the following: Loss of life, serious injury to a person, collision involving a transit vehicle, an evacuation for life safety reasons. Hazard Report—A report filed regarding a hazard identified in the workplace. Disposition Period—Time between knowledge of an incident and the when employee is found culpable or not. Accident/Incident/Occurrence Report—A report filed regarding alevent. Hazard—a potential source of danger. Near Miss—a narrowly avoided collision or other accident. Event-an accident, incident or occurrence Incident-an event that involves any of the following: Personal injury that is not serious, one or more injuries requiring medical transport, damage to the facilities, equipment or infrastructure that disrupts the operations of the agency. Occurrence-an event without any personal injury in which any damage to facilities, equipment, facilities or infrastructure does not disrupt operations. Investigation—a formal inquiry or systematic study Risk—a situation involving exposure to danger. Risk Assessment—A systematic study or examination/assessment of a risk. Safety Management System—A business-like approach to managing safety in the workplace. Training—the action of teaching a person or animal a particular skill or type of behavior. 88 1. Safety Management System Introduction and Performance Targets This manual establishes the SMS policies for all transportation employees of Senior Resource Association. This manual will be reviewed and updated, as applicable, annually. Immediate changes to this manual may be authorized by the CEO. Senior Resource Association will communicate immediate changes to all concerned through email and bulletin board postings. Senior Resource Association's SMS has been established consistent with business needs and regulatory impetus. The SMS is designed to identify, assess,track, control, minimize and resolve hazards. Senior Resource Association's SMS will be used as a means of preventing injuries, incidents, system disruption, accidents, environmental damage and other losses. Objectives: • Reducing transit safety, employee, and environmental risks by better managing safety risks and setting goals to eliminate or reduce risks. • Communication of safety risks to employees and their roles and responsibilities related to risks. • Increase awareness of safety issues at all levels of the company,thereby providing a better framework/structure for management to play a leadership role in addressing safety concerns. • Continuous improvement of risk controls. • Compliance with all applicable state and federal regulations. • Foster a culture where safety issues are identified and risks are eliminated or reduced in the planning process and delays or other impediments to business goals are avoided. SMS Performance Targets: . iMINSa07/6.2 R71511111M-Goal� Preventable accident rate per 100,00 miles: <0.1 Injuries per 100,00 miles: <0.1 Fatalities per 100,00 miles: 0 Safety Events per 100,00 miles: <0.1 System Reliability Mean distance between Mechanical failure <42,500 miles • These performance targets will be made available to the Florida Department of Transportation to aid in the planning process. • These performance targets will be made available to Indian River County Metropolitan Planning Organization(MPO)to aid in the planning process • SRA will coordinate with the state and MPO to select statewide and local safety performance targets 89 System Description: The GoLine, operated by the Senior Resource Association, is Indian River County's public transportation system. It provides 15 fixed routes throughout the county and also includes service to Indian River State College in Ft. Pierce. The GoLine makes it possible to get almost anywhere in the county without the use of a motor vehicle. GoLine picks up and delivers approximately 4,000 people to work,play, school and other destinations every day. Last year, GoLine provided 1,157,881 trips to citizens of Indian River County. Community Coach is the door-to-door paratransit service offered to eligible Americans with disabilities and transportation disadvantaged individuals. Community Coach is used to transport individualsto the grocery store, doctor appointments, social gatherings and much more. Last year, Community Coach provided 43,824 trips to individuals in Indian River County. Today's fleet of 23 GoLine buses and 22 Community Coach vehicles cover more than 4,700 miles daily. Senior Resource Association is governed by a Board of Directors. Senior Resource Association has helped to make the Treasure Coast area a more livable community and minimizing the stress associated with commuting. Services Provided: We provide non-emergency transportation(NET) services for state and federal programs, consistent with the requirements of various FDOT and FTA grant requirements. System Profile(1/6/2020): Total Number of drivers: 44 Full-time: 31 Part-time: 13 Number of operational buses: 45 Buses W/C accessible: 45 Number of Type I buses (>22' length): 23 Type II buses (<22' length): 22 Dispatch & Maintenance Location(s): 4385 43`d Avenue Vero Beach,FL, 32967 Community Transportation Coordinator(CTC): Yes X No CTC Operator: Yes X No 90 2. Safety Responsibilities Purpose: To establish accountabilities for safety operations. Organizational Levels and Roles: CEO/Accountable Executive: Provides strategic direction for safety policy, risk mitigation, safety assurance and promotion. Chief Safety Officer: Provides leadership in the operation and performance of SMS, develops and implements innovative strategies that foster continuous SMS improvement in a manner that supports departmental, customer and corporate business plans, goals and objectives. Safety and Training Supervisor: Manages function related to all maintenance activities, site level facilities activities, and operational safety. All Personnel • Conduct work in the safest manner possible in accordance with approved site procedure, policies and in a manner that enhances their own/other employees' health and safety. • Promotes risk reduction,participates openly in safety related events investigationsand immediately report workplace hazards and make suggestion for control of reported hazards. • Contribute to the overall success of the SMS program at the site level. Senior Resource Association's SMS Contacts Ame [4l9 ft.Tif01.43 3Nt`.1.-m t Karen Deigl CEO/Accountable Executive 772-473-2935 Chris Stephenson Transportation Director,Chief Safety 772-532-0396 Officer Joe Storey Safety&Training Supervisor 772-539-2340 Jack Kline Fixed Route Supervisor 772-559-8757 Clarissa Powers Fixed Route Supervisor ' 772-539-1912 Thalia Bryant Paratransit Supervisor 772 643- 8624 Jennifer Johnson Chief Financial Officer 772-473-0735 Cheryl Stephens Chief Personnel Officer 954-560-2298 91 Roles and Responsibilities Accountable Executive Role and Responsibilities The Senior Resource Association Executive Director is designated the Accountable Executive for the SMS. The Executive Director is accountable for ensuring that the SMS is effectively implemented and resourced throughout Senior Resource Association, and for ensuring action is taken, as necessary,to address any degradation in safety performance at Senior Resource Association. Chief Safety Officer Role and Responsibilities The Transportation Director has been designated as the SMS Executive. The Transportation Director is responsible for: • Facilitating full implementation of the SMS across Senior Resource Association; • Advocating for a safety culture; • Conducting strategic planning for the SMS; • Managing and updating SMS processes based on experiences and lessons learned; • Reviewing and updating this SMS and Implementation Plan and PTASP at least annually; • Providing additional guidance material (as required)to further strengthen and clarify the SMS processes; • Monitoring the safety performance of Senior Resource Association operations and activities through formal data collection and analysis; and • Tracking safety-critical issues and corrective actions to conclusion, using appropriate tracking systems. • Leading internal safety audits with support from appropriate Senior Resource Association employees; Directors, Managers Roles and Responsibilities All directors and managers are accountable and responsible for: • Upholding and promoting safety policies, and safety risk management, safety assurance, and safety training and communication protocols; • Fostering a strong safety culture within their department; • Allocating the appropriate staffing resources necessary to become compliant with and maintain compliance with the SMS requirements • Identifying the necessary funds to meet the safety performance requirements and incorporate them into budgeting plans,prioritizing and allocating expenditures according to safety risk. • Implementing the safety risk management, safety assurance, and safety training and communication protocols of their department; • Safety performance within their functional areas; • Ensuring procedures are consistent with the SMS; • Determining and implementing countermeasures required to counteract safety risks and manage issues that negatively impact Senior Resource Association safety performance; 92 • Requiring employees within their department to participate in safety training activities; • Requiring that all relevant safety information is communicated and used in decision-making; Supervisor Role and Responsibilities All Supervisors are accountable and responsible for: • The safety performance of all personnel and equipment under their supervision; • Implementing and maintaining safety-related control measures/mitigations; • Familiarizing employees with the safety requirements and hazards associated with the work to be performed; • Responding to identified hazards that may impact safety performance; • Reporting all mishaps and incidents; • Sharing lessons learned from incidents; and • Implementing and adhering to SMS procedures and processes within their span of control. • In addition,the Safety and Training Supervisor is responsible for advising Senior Resource Association leadership on safety- related issues. Senior Resource Association Employee Responsibilities All Senior Resource Association employees are responsible for: • Becoming familiar with the safety procedures for their assigned work activity; • Performing their work safely; • Following procedures and rules; • Calling attention to hazards that may impact safety performance; and • Reporting mishaps and incidents to their Supervisor,in accordance with established requirements for the protection of themselves, co-workers, customers, facilities, and equipment. 93 3. Safety Policy SMS Safety Policy Statement Safety and customer service are our two core business functions. Senior Resource Association is committed to developing, implementing, maintaining, and constantly improving processes to ensure that all our transit service delivery activities take place under a balanced allocation of organizational resources aimed at achieving the highest level of safety performance and meeting established standards.All levels of management and all employees are accountable for the delivery of this highest level of safety performance, starting with the Chief Executive Officer (CEO). The SMS Program is managed under my authority by the Director Transportation. Senior Resource Association's commitment is to: • Support the management of safety through the provision of appropriate resources,that will result in an organizational culture that fosters safe practices and encourages effective employee safety reporting and communication. • Integrate the management of safety among the primary responsibilities of all employees; • Clearly define for all staff, responsibilities for the delivery of the safety performance; • Establish and operate hazard identification and analysis, and safety risk evaluation activities, including an employee safety reporting program as a fundamental source for safety concerns and hazard identification, in order to eliminate or mitigate the safety risks of the consequences of hazards to a point which is consistent with our acceptable level of safety performance; • Ensure that no action will be taken against any employee who discloses a safety concern through the employee safety reporting program, unless disclosure indicates, beyond any reasonable doubt, an illegal act, or a deliberate or willful disregard of regulations or procedures; • Comply with, and exceed, legislative and regulatory requirements and standards; • Ensure that all staff are provided with adequate and appropriate safety-related information and training, are competent in safety management matters • Establish and measure safety performance against realistic &data-driven indicators and targets • Continually improve our safety performance through management processes that ensure that appropriate safety management action is taken and is effective; Values and guiding principles • Integrity, Trust, Teamwork,Respect, Customer Service • Commitment to Safety • Commitment to Continuous Improvement • Commitment to Compliance Karen Deigl CEO and Accountable Executive 94 4. Safety Culture Safety Culture Policy: Senior Resource Association is committed to creating and sustaining a safety culture environment that supports our SMS and recognizes that a number of principles enable the development and sustainment of a positive safety culture including: • Recognition that fair and equitable treatment of all employees encourages sharing of safety-related information. • Creating and sustaining an environment that actively seeks out risks and supports hazard and event reporting,to include near misses. • Recognition that inappropriate disciplinary measures can suppress open reporting of risks. • Creating and sustaining an environment where there is an understanding that human errors will occur. • Creating and sustaining an environment that promotes openness and learning from events at Senior Resource Association,there is an expectation that all employees actively promote safety in everything they do. This includes two explicit duties that are the responsibility of all employees: • To report any hazard, near-miss, unsafe condition or incident that occurs, or is otherwise known about. • To openly participate in any investigation that may arise as a result of any reported hazard, near-miss or event that occurs Senior Resource Association recognizes that employee actions that contribute to hazards and events may be the result of a wide spectrum of behaviors. The Senior Resource Association policy regarding these behaviors is as follows: • Unintentional error will be investigated, and feedback given • At-Risk behavior will usually warrant a verbal or written counseling • Reckless behavior(and some circumstances of at-risk behavior)will usually warrant more significant corrective action steps to be taken We are committed to creating an open and fair safety culture with Senior Resource Association that supports our SMS. As we implement this policy,we pledge that our first response to any event will be to investigate fairly the circumstances involved. Karen Deigl, CEO and Accountable Executive 95 5: Risk Management The next component of SMS is Risk Management; describing how Senior Resource Association identifies,evaluates,tracks andmitigates hazards/risk in the organization and on the transit system. Acceptable risk levels and mitigation measures are established. The management of identified hazards is a vital component of the Senior Resource Association's Safety Management System. • A hazard is defined as a condition or set of conditions, internal or external to the Senior Resource Association system, which when activated could cause injury, death, damage or loss of equipment or property. • An unacceptable hazard is a condition that may endanger human life,property or result in system loss. This includes harm to: o passengers o employees o contractors o equipment o and to the general public. These hazardous conditions must be mitigated or eliminated. Hazards may be observed in the operating environment,through procedures,during system modifications and capital projects, accidents, extensions or operational changes. Hazard Management Program: The Hazard Management Program applies to all Senior Resource Association employees and obligates everyone to constantly observe hazards in their work areas and report them to the Safety&Training Department or to their supervisor and/or manager. The overall hazard management program incorporates a system-wide hazard identification process,including activities for: a. Identification b. Investigation c.Evaluation and analysis d.Mitigate or elimination e. Tracking Senior Resource Association Department Managers/Directors play a key role in the hazard management process. Managers ensure the following elements of the hazard management process are present in their departments: a. Ensure employees have the ability to report hazards to managementin person or through the use of written accident/incident forms; b.Ensure hazards are placed on a hazard log for tracking and documentation; c.Ensure employees receive appropriate hazard management training. 96 The following lays out an overall description of how hazards are identified, evaluated, analyzed, controlled or eliminated, tracked and reported to Senior Resource Association senior management. a. All employees are expected and encouraged to participate in safety program activities including reporting hazards,reporting unsafe work practices,near misses, and accidents immediately to their supervisor or a safety representative. b.The Safety&Training Department is the primary points of contact(POC) for the hazard management process. c. Safety will enter identified hazards into the hazard log and forward the hazard report to the responsible department. The responsible department assigns a hazard rating. d.The responsible department is responsible for developing a(CAP) Corrective Action Plan (if applicable) for the unacceptable and undesirable hazard. e. CAP's may also be identified as a result of an incident or investigation. f.Hazards must be mitigated at the lowest level practicable. However,when a hazard is identified as having a mitigation that involves multiple departments or requires cost or changes beyond the department abilities or budgets,the hazard will be elevated to the senior management team. The senior management team represents key department directors and has the capability to employ multiple disciplines at Senior Resource Association while also having access to higher level budgeted solutions. 1 2 , 3 Reports ety& ��� Hazard Reports ft to Safety& •) -Fi Supervisor Training Zffiltzi Department OR Management Reports it /�to Safety& Safety& ; Training , 4 Flow Chart Training , updates Department Hazard Log �dbaces&ck to i Hazard Log Supervisor If Sent to 9 applicable Department Hazard OR Head r itED or Mitigated \ \ J safety& ' Department Hazard enters • TrainingHead develops "Safety Assurance" Reasonable Ps •monitoring for future •\ updates .,L CAP with team Hazard Log (If applicable) 8 97 Under the SMS employees are asked to be aware of their surroundings,processes, or work areas and to observe and report all hazardous conditions or potentially hazardous conditions to their supervisor. Along with their supervisor, the employee should work to mitigate those hazards. Prevention of hazardous conditions prior to an injury or equipment damage occurring is the goal of SMS. Each hazard is evaluated and assessed as to the potential injury or equipment damage that could occur if a mishap or injury took place. Corrective action that is implemented and hazard mitigation will reduce the hazard frequency or severity. Hazards rated with a High or Serious rating must be mitigated and reduced to an acceptable level. Step by Step Process: 1) Hazard Identification: Identification of hazards is the responsibility of all Senior Resource Association employees and contractors. The continuous identification, monitoring, and elimination of hazards is key to an effective system safety program. Hazard identification methods include,but are not limited to the following: a. Observation, inspection, and interaction of all Senior Resource Association employees. b.Reports from passengers, customer service, etc. c.Evaluation of accidents, incidents, near misses d. Internal and external safety audits, inspections, observations, defects, findings, observations, violations, and reviews. Examples of observed hazards may include: a.An uneven sidewalk joint that could cause a trip and fall b. Opening in a section of corridor fencing which allows access of a trespasser c. Missing fire extinguisher 2) Safety Department Hazard Log: The Safety Department is responsible for the maintenance of the Hazard Log. They ensure that all hazards meeting defined criteria are entered onto the Hazard Log. Hazard rating can be assigned by the Safety Department, department head that owns the hazard or the senior management team. The following are Specific hazards that are identified and mitigated: a. Unacceptable hazards(High Hazards); b. Hazards identified from audits from outside agency's (FDOT, FTA, OSHA,the CTD) c.Hazards identified from accident investigations; d. Hazards where corrective action will cost more than $25,000; e. When warranted by the Safety Department Hazards identified by an employee to his/her supervisor may be resolved by theemployee and supervisor if able. In any case,the supervisor will forward the hazard to a safety representative for entry into the hazard log. Safety will forward the hazard report to the responsible department for review. 98 3) Corrective Action Plan (CAP): Corrective action plans are utilized within Senior Resource Association for hazards that meet certain criteria. In the following instances corrective action plans must receive prior approval before corrective action plans may be carried out a.Unacceptable hazards (High Hazards); b.Audit findings from regulatory agencies resulting in Non-conformance (FDOT, FTA, CTD, OSHA); c.Accident investigations requiring corrective action, CAP's must contain at a minimum: a.A person of responsibility for the corrective action b.A proposed completion date Corrective action plans are developed by department managers in conjunction with the Safety Department. Corrective action plans may be tracked on hazard logs. Senior Resource Association's hazard analysis tables (probability, severity and risk resolution) shown below are used on the Hazard Log to track hazards and the status of their CAP's. P1201[6,,, 1_[I[,mcY it '1[;If: Likelihood Meaning Value Frequent Likely to occur/has occurred frequently 5 Occasional Likely to occur/has occurred sometimes 4 Remote Unlikely to occur/has occurred rarely, but possible 3 Improbable Very unlikely to occur or no known occurrences 2 Extremely Improbable Almost inconceivable that this will ever occur 1 Hazard Probability Generally, hazard probability is described qualitatively in potential occurrences per units of time, miles,trips/runs or passengers carried.A hazard probability may be derived from the analysis of transit system operating experience. 99 Value Severity Meaning A Catastrophic Deaths (not including suicide or death by natural causes Equipment destroyed B Hazardous A large reduction in safety margins: Seriously injury-fracture, severe bleeding, paralysis,Brain injury, Major equipment damage C Moderate A significant reduction in safety margins, Injury bruising, abrasions, bleeding, sprains(ambulance transport) D Minor Nuisance, Operating limitations,Minor incident Minor injury-bruising, abrasion(no ambulance transport) E Negligible Hazard Severity Hazard severity is a subjective determination of the worst case that could be anticipated to result from human error, design inadequacies,component failure or malfunction. The categorization of hazards reflects the principle that not all hazards pose equal amounts of risk. The categories are: • Catastrophic- Operating conditions are such that human error, design deficiencies, element, subsystem or component failure or procedural deficiencies may cause death or major system loss and require immediate termination of the unsafe activity or operation • Critical - Operating conditions are such that human error, subsystem or component failure or procedural deficiencies may cause severe injury, severe occupational illness or major system damage and require immediate corrective action. • Marginal - Operating conditions are such that they may result in minor injury, occupational illness or system damage and are such that human error can be controlled. • Negligible- Operating conditions are such that human error, subsystem or component failure or procedural deficiencies will result in less than minor injury or system damage. Hazard Ratings Senior Resource Association has adopted a system for assessing the level of risk for each identified hazard to determine what action(s)must be taken to correct or document the hazard risk. This assessment system has been incorporated into the Hazard Log Resolution Table, which enables the decision makers to understand the amount of risk involved in accepting the hazard in relation to the cost(schedule,cost, operations)to reduce the hazard to an acceptable level. • HIGH risk hazards that receive an unacceptable initial hazard analysis made by management, safety committee or the safety administrator receive immediate attention/control. A high hazard rating requires corrective action. • SERIOUS hazards that are undesirable may require corrective action and decisions by management. Hazards that receive a serious hazard rating will remain on the hazard logs no more than 90 days without an approved corrective action plan. • MEDIUM hazards may be acceptable with review by management. Events from a medium hazard are less likely to occur and are less severe in nature. • LOW hazards do not require review and are acceptable. • ELIMINATED hazard is no longer present. 100 Risk Severity A. B CDE U o C czt N O • E Risk Probability U z 5 Frequent 5A 5B 5C 5D 5E 4 Occasional 4A 4B 4C 4D 4E 3 Remote 13A 3B 3C 3D 3E 2 Improbable 2A 2B 2C 2D 2E 1 Extremely 11 1B 1C 1D 1E Improbable tilt , I; 1,1k High Unacceptable Correction required Serious Undesirable Correction may be required, decision by management Medium Acceptable W/review With review and documentation by management Low Acceptable Without review ( II1o,6t41,1'2 Acceptable No Action needed 4) Hazard Resolution and Elimination Hazard resolution is defined as the analysis and subsequent actions taken to reduce the hazard to the lowest level practical and the risk associated with an identified hazard. Hazard resolution is not synonymous with hazard elimination. In a transit environment,there are some hazards, which are impossible to eliminate and others,which are highly impractical to eliminate.Reduction of risk to the lowest practical level can be accomplished in a variety of ways from protective and warning devices to special procedures. 1. Design out or design to minimize hazard severity. To the extent permitted by cost and practicality, identified hazards will be eliminated or controlled by the design of equipment, systems and facilities. 2. Hazards that cannot reasonably be eliminated or controlled through design will be controlled to the extent practicable to an acceptable level through the use of fixed, automatic, or other protective safety design features or devices. 3. When design and safety devices cannot reasonably nor effective, eliminate or control an identified hazard, safety warning devices will be used(to the extent practicable)to alert persons to the hazards. 4. Where it is impossible to reasonably eliminate or adequately control a hazard through design of the use of safety warning devices,procedures and training will be used to control the hazard. 101 5) Hazard Tracking The safety department will coordinate with the appropriate department to develop a Corrective Action Plan(CAP) for the identified hazard. The CAP form will be placed on the hazard log with the corresponding hazards for tracking purposes. The completed CAP is formally adopted by receiving the department head's signature. The Hazard Log will then be updated to show the status of the identified hazard with its CAP to "CLOSED". Senior Resource Association will monitor all Corrective Action Plans with the use of the Hazard Log and will provide Indian River County MPO with an updated hazard log quarterly. For hazards that receive a medium or low rating,the use of a corrective action is optional depending on the complexity and ability to correct the identified hazard; e.g. clearing shrubs or trimming branches of a tree. 102 6. Accident/ Incident/ Occurrence Investigation & Reporting This chapter defines what is considered an accident. It also outlines.the actions to be taken by employees in the event of an accident/incident related to Senior Resource Association vehicles, passengers, employees or property in the course of doing business. The definition of an accident is an event involving any of the following: (Accident/Incident report required) • Loss of life • Serious injury to a person • Collision involving a transit vehicle • An evacuation for life safety reasons The definition of an incident is an event involving any of the following: (Accident/Incident report required) • Personal injury that is not serious • One or more non-serious injuries requiringmedical transport • Damage to the facilities equipment or infrastructure that disrupts the operations of the agency The definition of an occurrence is an event involving any of the following: (Accident/Incident report required) • An event without any personal injury in which any damage to facilities, equipment,or infrastructure does not disrupt operations The definition of a serious injury is an event involving any of the following: (Accident/Incident report required) •Requires hospitalization for more than 24 hours •Results in a fracture of any bone •Causes severe hemorrhages,nerve,muscle, or tendon damage • Involves any internal organ; or Involves any second-or third-degree burns 103 Vehicle Operator Post Accident Immediate Actions: • Remain calm and assess the situation • Secure the vehicle(Set Brake &turn on 4-way hazards) • Contact 9-1-1 if applicable • Provide dispatch with your exact location, description of accident, number and type of injuries • Secure the scene (Do not move the vehicle unless directed by emergency responders or Safety/Supervisors. Put out the triangles, assist passengers with first aid if warranted) • Ask passengers to fill out comment cards and obtain witness statements if available • Obtain facts about the other vehicles involved and begin filling out accident/incident paperwork • DO NOT discuss the accident with anyone other than law Enforcement or Senior Resource Association accident investigator/Supervisor. • DO NOT make any statements concerning liability. Give only information requested by Law Enforcement • Under no circumstances should an operator leave the scene of an accident prior to the arrival of Law Enforcement unless directed to do so by a supervisor or accident investigator. Accident Investigator Responsibilities: • Respond to radio call from driver • Notify Transportation Director and CEO • Secure the scene &determine what resources you will need • Isolate the employee • View/pull video if able (hard drive) • Take photos (minimum of 10; including all 4 sides of vehicles, LIC plate# and VIN#), collect witness cards/comment cards, interview witnesses,review video and begin accident/incident paperwork • Determine if FTA Drug&Alcohol test is required ALL documents may be used in litigation. Make sure they are legible,completed in full, and submitted to the Safety Department. As with any investigation,time is of the essence,therefore investigations should proceed as soon as practical to avoid potentially losing valuable information. Only trained investigators are to conduct investigations and under no circumstance may an investigator examine his/her own work area incident/accident. 104 Preliminary Accident Reports: (Preliminary Accident reports will be sent as soon as possible after the accident, but not later than three hours of clearing the accident scene). All reports will be scanned& sent to the Safety& Training Department. Required documents include accident/incident reports, pictures, customer comment cards or witness statements,police report, refusal of medical treatment forms, Drug and alcohol tests (if required) and any other available information. NOTE: Accident/Incident reports (employee& investigator) are required to be completed and turned in prior to the end of the employee's shift(of the day of the event). Failure to comply with the Accident/Incident reporting procedure and submission deadlines,outlined above,WILL result in progressive disciplinary action. Furthermore,the operator williberemovedEfrom theiFiliiil schedule until such time as the required paperwork is completed and turned in to the Safety and Training Department. Accident/Incident Final Report: Should be completed and turned in to Department Heads and HR within 5 days of the accident/incident. The Safety department will be responsible for submitting the final report. Determinations and Point System Using the accident/incident final report,the accident/incident determination form will be filled out and scored. The Cumulative violations of four(4)points may result in possible termination. Each preventable accident/incident will not be held against the employee after 365 calendar days has passed (i.e. if an employee receives a preventable accident/incident on June 1, 2019, it will not be effective after June 1, 2020. 105 ACCIDENT/INCIDENT DETERMINATION FORM Employee Name: Employee Job Title: Today's Date: Day of Event: Day of the week: Time of event: Am Pm FTA Drug&Alcohol Testing FTA Drug&Alcohol Testing Criteria Met Criteria NOT Met PREVENTABLE PREVENTABLE NON-PREVENTABLE Two(2) Points Assessed One(1) Point Assessed No Points Assessed ❑ Fatality:an individual dies The employee did not demonstrate enough control over the situation or could have taken more defensive action(s)to prevent: ❑Personal injury that is not serious One or more non-serious injury Damage to the facilities equipment or infrastructure that disrupts the operations of the agency ❑Other(meets criteria above of lack of control or defensive action) Two(2) Points Assessed Half(1/2) Point Assessed No Points Assessed ❑ An individual suffers serious bodily An occurrence that does not disrupt injury and receives medical operations and the employee's actions treatment away from the scene of directly or indirectly contributed to the the accident.(Individual refers to event. employees,pedestrians,passenger ❑Preventable passenger falls or person in other vehicle(s) ❑Violation of policy or procedure ❑ A vehicle incurs disabling damages ❑Improper use of vehicle(equipment- as a result of the event and a vehicle doors/lift/ramp/etc.) is transported away from the scene ❑ Other(explain): by a tow truck or other vehicle Retraining(Involvement in any preventable ❑Retraining(Involvement in any preventable accident/incident with points assessed, accident/incident with points assessed,which does which does not result in termination,will result not result in termination,will result in the in the employee being retrained in the employee being retrained in the deficient area. deficient area.List courses or type of re-training required: List courses or type of re-training required: Investigator's Signature: Date: • 106 RE-TRAINING Involvement in any preventable incident/accident with points assessed,which does not result in termination,will result in the employee being retrained in the deficient area. Corrective Action The Safety department reviews all accident& incident reports. The Safety department will also initiate an investigation to determine causal or contributing factors for all events. Findings from the investigation that identify unacceptable hazards,will require a corrective action plan and will be placed on the hazard log. The Safety department will then forward findings to the appropriate departments to develop a corrective action plan(CAP) and fill out a CAP for the identified hazard. The corrective action plan will contain: a.Action to be taken b. Proposed completion date c. Individual or department responsible for implementation A complete investigation is comprised of the following three stages being completed: 1. Investigation and interview stage: All relevant information is found. 2. Root Cause Stage: Contributing factors and root cause is determined, and information is recorded in Senior Resource Association Investigation Form. 3. Preventative strategies recommendations are prepared and recorded in SMS Report. 107 NTD Reporting The Chief Safety Officer is responsible for reporting safety events to the National Transit Database Non-Rail and Ferry Modes Non-Rail and Ferry Modes Fatalities • Collisions that • confirmed within 30 days • meet an injury,fatality, property • includes suicides • damage, or evacuation threshold; . Injuries: Immediate transport away from • involve transit revenue roadway. the scene for medical attention (1 or more vehicles and the towing away of any • persons) vehicles (transit or non-transit)from the scene; • • • include suicides or attempted suicides that involve contact with a transit • • • vehicle; or • • do not involve a transit revenue vehicle but meet a threshold. • • • Evacuations include • • • evacuation of a transit facility or • vehicle for life-safety reasons. • • • • • • Estimated property damage equal to or exceeding $25,000 • • 108 Major Event Thresholds Fatality Agencies must always report S&S events that result in fatalities. For NTD purposes, a fatality is a death due to • collision (including suicides), • derailment, • fire, • hazardous material spill, • acts of God, • system or personal security event(including suicides), or • other safety event. Fatalities that occur because of illnesses or other natural causes (including individuals who are found deceased)are not reportable..For example, if a passenger suffers a fatal heart attack in a transit facility or vehicle, the event is not reportable to the NTD. An agency must report a fatality due to a reportable S&S event if it is confirmed within 30 days of the event. If an agency receives confirmation within 30 days of an event that a person reported as an injury has died due to the event,the agency reports a fatality rather than an injury.This may mean the agency has to update the submitted major event report. For information on Person Type categories, see "Injury and Fatality Type Key Descriptions." Injury For both non-rail and rail modes,any damage or harm to persons that requires immediate medical attention away from the scene because of a reportable event must be reported as an injury. Agencies must report each person transported away from the scene for medical attention as an injury,whether or not the person appears to be injured. For rail mode events, in addition to injuries requiring transport from the scene, injuries defined as serious are automatically reportable. Individuals with serious injuries may or may not have been transported away from the scene for medical attention. A serious injury is one that • requires hospitalization for more than 48 hours within 7 days of the event; • results in a fracture of any bone(except simple fractures of fingers,toes, or nose); • causes severe hemorrhages,or nerve, muscle, or tendon damage; 109 • involves an internal organ; or • involves second- or third-degree bums, or any burns affecting more than five percent of the body surface. For Non-Rail Events or Rail-Mode Non-Serious Injuries(defined below),if an individual seeks medical care several hours after an event or in the days following an event, that individual is not reportable as an injury. A reportable injury requires that the individual receive medical attention at a location other than the location at which the event occurred.'This distinction serves to exclude minor first aid or other minor medical assistance received at the scene. However, as noted above, this criterion does not pertain to Serious Injuries (rail modes) (defined below). • Serious injury: Does not require transport away from the scene of the event. However, requires hospitalization for more than 48 hours within 7 days of the event; results in a fracture of any bone(except simple fractures of fingers, toes, or nose);causes severe hemorrhages,or nerve, muscle,or tendon damage; involves an internal organ;or involves second-or third-degree burns,or any burns affecting more than five percent of the body surface. • Non-serious injury: When person receives immediate medical attention away from the event and does not meet a threshold for serious injury. When a person receives immediate medical attention away from the event,that individual may seek medical attention through any means of vehicular transport, including transit vehicle, an ambulance, another emergency vehicle, or a private vehicle. However, the injury is not reportable if the person seeks medical attention by foot. Not all events that result in immediate transport for medical attention are reported on the major event report. One exception is for Other Safety Events, which are events that are NOT collisions, fires, security events, hazardous material spills, acts of God, or derailments. These events include slips, trips, falls, smoke events, fumes, and electric shock. Agencies only report these events when they meet EITHER the fatality, evacuation,or property damage threshold OR result in two or more injured persons.Other Safety Events that result in one person immediately transported from the scene for medical attention but do not trigger any other major reporting thresholds are reported on the Non-Major Summary Report. Agencies do not report illnesses that require transport away from the scene for medical attention if the illness is unrelated to an S&S event. For example, a passenger suffering a seizure or a heart attack would not count as an injury. However, a transit operator suffering the same condition is included as an injury if the condition results in a collision. 110 5310 Vehicles SRA is required to notify their FDOT district office within 24 hours of any accident involving a 5310 funded vehicle in which FDOT is the lien holder. Following information is required: 1. Date of the accident. 2. Confirmation that SRA conducted an accident investigation in accordance with System Management System (SMS). 3. A copy of the accident report. Near-Miss Reporting The Senior Resource Association SMS requires proactive reporting of safety hazards or safety concerns on the part of all employees in order to maintain a proactive position on risk. Employees will serve as Safety Ambassadors by working safely, complying with requirements and serving as an example to others. Under no circumstance will employees be retaliated against for the act of reporting safety related information. The Senior Resource Association SMS contains both proactive and reactive means of reporting safety hazards and near-miss events. The information derived from proactive reports can provide significant insights into potential risk(s)and furthermore, allows for the continuous improvement of Senior Resource Association's SMS. While post-event accident/incident investigations reveal information about safety hazards,we cannot rely solely on reactive data to expose risk. Process and Procedure: When an employee becomes aware of a hazard or near-miss,they shall submit a report within eight(8) business hours or at end of shift. This can be done by submitting accident/incident reports with "near miss" indicated to supervision/management or place in the safety drop box. Supervision/management is then required to forward to Safety&Training supervisor. Reports may be entered anonymously if desired,where there is no record of who created and submitted the report When filing anonymous reports,there is limited ability to provide follow-up communication as the reporter is unknown.Additionally, it is difficult to apply necessary risk mitigation strategies if the reporter does provide enough information for follow-on activities. Therefore, it is recommended that reporters utilize the non-anonymous hazard reporting form. 111 NON-PUNITIVE SAFETY HAZARD & NEAR MISS REPORTING SENIOR RESOURCE ASSOCIATION is committed to the safest operation possible. Therefore, it is imperative that we have uninhibited reporting of all safety hazards,near miss,concerns and/or suggestions that in any way affect the safety of our operation. Every employee at SENIOR RESOURCE ASSOCIATION has the responsibility and right to report near miss, safety hazards or perceived hazards, concerns and/or suggestions that may affect the integrity of our operation to their supervisor or to the Safety&Training Department. Senior Resource Association has the responsibility to provide every employee the opportunity to report those hazards and concerns and do so with confidentiality and without fear of reprisal. The purpose of this program is to ensure all near miss incident (including minor incidents) are reported, recorded and investigated. We gain understanding and insight from an incident's analysis then utilize that knowledge to predict,prevent or mitigate future risk of reoccurrence.This proactive approach will promote an open,learning and just culture in regard to workplace safety. SENIOR RESOURCE ASSOCIATION will not initiate disciplinary proceedings against an employee who discloses a safety hazard or perceived hazard,safety concern and/or suggestion involving safety. However, the non-reprisal policy does not apply to defined accidents/incidents, willful violations of law, Senior Resource Association policy,or any event where there was intentional disregard for safety.This also does not apply to any event or condition that involves criminal activity, substance abuse, controlled substances,alcohol or intentional falsification.In such cases,the Senior Resource Association reserves the right to take disciplinary actions as appropriate.The Senior Resource Association also reserves the right to take appropriate action in the event that a report indicates: willful violations of law or Senior Resource Association policy,intentional disregard for safety,or any event or condition that involves criminal activity, substance abuse, controlled substances, alcohol or intentional falsification by an individual other than the reporting individual. We urge every employee to use this program to help us provide the highest level of safety for our employees and customers. Every employee who submits a report will be provided feedback on the final outcome regarding his/her report. The identity of the person reporting will be confidential and only known by the Safety Department or reports may be made anonymously if you so desire. 112 7: SMS Communication The Senior Resource Association SMS will use a variety of methods to communicate issues important to the operation of the SMS. This strategy will complement existing safety communication channels to make company personnel aware of SMS-related safety issues and their roles and responsibilities related to those issues.Effective communication is an essential requirement to ensure and demonstrate lessons-learned from the SMS as a part of the continuous improvement of the SMS, including: • Ensuring that all staff are appropriately aware of the SMS • Conveying SMS lessons/information • Explaining why SMS related activities are introduced or changed • Educating personnel on procedure for hazard and near-miss reporting • Promotion of the company's safety objectives,targets and culture SMS communications methods vary but will comprise of both internal/external communication. Internal Communication: Internal communication may be accomplished using: • Notice boards • Postings on the Continuum HR employee web portal • Regular safety meetings and/or training sessions • Telephone communications • E-mail External Communication: Senior Resource Association has determined that significant risks identified through the operation of the SMS will not be communicated to the general public unless required by federal, state or local regulations. Information regarding general SMS operation and specific risks identified will be communicated to the appropriate governing body as required only. SMS site communication will consist of regularly established activities designed to communicate and reinforce SMS policy and related elements to all employees,to include: • The importance of conformance with SMS policy,processes or procedure • Individual roles and responsibilities in achieving conformance with SMS Process • Changing SMS requirements • SMS performance data • Key results of internal/external assessments and audits • Other information needed to support the SMS Senior Resource Association is responsible for communicating events and safety information to all employees as appropriate utilizing authorized communication processes. 113 8. SMS Training, Awareness & Competencies This aspect of the SMS is a requirement for establishing initial competency and for on-going competence building.Additionally, this is a method for demonstration of the SMS and its contribution to safety culture development. Senior Resource Association will appropriately train employees at each relevant function and level such that they are aware of: • The SMS Safety Policy • The SMS Safety Culture Policy • The importance of conformance with SMS • Individual roles and responsibilities specific to the SMS • General hazard reporting requirements of the SMS • General accident/incident or near-miss reporting and investigation requirements Senior.Resource Association's SMS training takes into account different levels of responsibility and risk to ensure that there is an appropriate awareness among employees and managers as to what their role responsibilities are. In accordance with the above policy objectives, Senior Resource Association will provide SMS training as follows: • Senior Leaders/Accountable Managers/Senior Managers: Awareness of SMS roles and responsibilities, safety policy, safety culture policy, SMS requirements, related DOT/FTA regulations, management commitment and responsibilities, and safety performance monitoring responsibilities. • Managers and Supervisors: SMS policy, hazard identification and risk management, safety performance monitoring responsibilities. • Frontline personnel: SMS Overview, SMS policy, safety culture policy,hazard identification and risk assessment procedure, accident/incident investigation process 114 Competencies: Frontline employees and management competence within the SMS operations will be assured through continuous communication and involvement in the SMS as follows: Employees shall be: • Involved in the review of hazard and risk assessments and accident/incident investigation findings • Consulted when there are workplace changes that occur as a result of SMS-related activities • Informed of significant issues arising from the operation of the SMS at their site; including lessons-learned from hazards, near-miss reports and accident/incident investigation findings. Managers shall: • Be involved in the review of hazard and risk assessments, accident/incident investigation findings and department SMS standard operating process development • Coordinate workplace changes that need to occur as a result of SMS-related activities • Lead resolution of SMS matters at their department • Coordinate resolution of significant issues arising from the operation of the SMS at their location, including lessons-learned from hazards, near-miss reports, and implementation of accident/incident investigation findings 115 9. Information Management The SMS information management requirements in this chapter pertain to: • Oversight/updates to the Senior Resource Association SMS • Oversight/updates to SMS manuals and other related documentation • Oversight of SMS information generated through the routine monitoring of the SMS and associated operations Operating an SMS generates a significant amount of data, documents, and reports. Proper management and recordkeeping of such data is crucial for sustaining an effective SMS. Effective safety analysis is wholly dependent upon the availability and competent use of the safety data. Cross-functional safety data integration is a cornerstone of SMS achievement. All SMS related records are maintained such that they are: • Legible, identifiable, and traceable to the activity,product, or service involved • Protected against damage, deterioration, and loss • Readily retrievable when required for internal review and/or audits from external organizations 116 10. SMS Assessment This chapter provides the guidelines for evaluating the implementation,performance monitoring, and continuous improvement of the Senior Resource Association SMS. Assessments focus on the integrity of the organization's SMS, and periodically assesses the overall level of safety and the effectiveness of the safety performance monitoring functions of the SMS. Assessments are intended to measure effectiveness of the site/organization's safety management functions and activities and will ensure that the structure of the SMS is sound regarding oversight,procedural compliance, hazard identification, risk assessment, level of competency, and training. Specifically,the SMS assessment process will examine: • Overall effective SMS integration • Assignment of roles and responsibilities for SMS • Staff performance and accountability for safety • Management commitment and employee involvement • Compliance with SMS hazard/risk assessment process • Effectiveness of safety performance targets and indicators • Evidence of SMS continuous improvement • Adequacy of employee training for SMS roles • Human and organization factors are addressed The SMS Assessment Form used by SRA is an attachment to this PTASP. Record Retention: Copies of all assessment records are maintained on the Senior Resource Association's Transit drive; and the agency safety and training office for a minimum period of 84 months. 117 11. Emergency Response Planning Senior Resource Association SMS requires proactive response to transit related incidents and accidents on the part of all employees. Potential changes to the response plan may be identified by the following methods: • Review of accidents, incidents, and near-misses • Risk assessment processes • Internal evaluation • External evaluation • Assessments or audits 118 12. Security Program Plan In accordance with Rule 14-90, SRA has adopted, and implemented a Security Program Plan (SPP),which covers the security portion of the SMS. The SPP contains information about prevention, mitigation,preparedness,response,recovery, and associated organizational responsibilities. The SPP addresses the following hazard and security elements and requirements: • Security policies, goals, and objectives • Organization, roles, and responsibilities • Countermeasures and Strategies • • Procedures for investigation of events described under subsection 14-90.004(5), F.A.C. • Procedures for SPP maintenance and distribution. The SPP has been adopted separately from the SMS. Bus transit systems are prohibited by Section 119.071(3) (2), Florida Statutes, from publicly disclosing the SPP, as applicable under any circumstance. The document is maintained in a secure location by the management and access to the document is restricted to select agency personnel and appropriate FDOT personnel exercising oversight in this area. On-site access to the SPP is granted to regulatory authorities (FDOT, FTA, etc.)on as-needed basis. Select portions of the SPP may be shared with employees depending on their job responsibilities. The.SPP is an attachment to this PTASP. 119 13. Operator Selection, Qualification &Training. Senior Resource Association management is responsible for ensuring that the following minimum standards are met when hiring new drivers. • Must possess a valid Florida driving license of appropriate class. • Criminal background check Level 2,with pre-employment drug screen and driving records check including, but not limited to,the following items: o Driving records o Must be 18 years of age • Complete employment application. • Valid DOT Physical • Signed acknowledgement of receipt and agreement to comply with drug-free workplace policy. • Successful completion of required orientation, training and testing to demonstrate and ensure adequate skills and capabilities to safely operate each type of bus or bus combination before driving on a street or highway unsupervised. • Signed acknowledgment of receipt and compliance with the following written operational and safety procedures before driving on a street or highway unsupervised. o Communication and handling of unsafe conditions, security threats, and emergencies. o Familiarization and operation of safety and emergency equipment, wheelchair lift equipment, and restraining devices. o Application and compliance with all applicable federal and state laws, rules and regulations. • Drivers are required to write and submit a daily bus inspection report pursuant to Rule 14- 90.006, F.A.C. Noncompliance with any regulatory or agency specific requirement may result in an employee administrative action up to and including suspension or termination of employment. It is the policy of Senior Resource Association to screen applicants to eliminate those that pose a safety or security threat to the agency or who would not be capable of carrying out agency safety and security policies. Initial Driver Training and Testing A new-hire check-off list must be completed to ensure the employee has received all required 14-90 training and information before being authorized for over-the-road service. 1. Bus transit system safety and operational policies and procedures. 2. Operational bus and equipment inspections. 3. Bus equipment familiarization. 120 4. Basic operations and maneuvering. 5. Boarding and alighting passengers. 6. Operation of wheelchair lift and other special equipment. 7. Distracted &Defensive driving. 8. Passenger assistance and securement. 9. Handling of emergencies and security threats. 10. Security and threat awareness. 11. Driving conditions. 12. Accident/Incident Reporting 13. Fire & First Aid 14. Pedestrian Awareness 15. ADA As part of the driver training program, specific procedures have been incorporated to instruct the driver on how to safely approach and depart from a transit bus stop to avoid contact with pedestrians and other hazards. After successful completion of each training module,the agency is required to document and record the satisfactory completion of the employee's training. Certificates of completion will be maintained in the driver files for a minimum of seven years. All newly hired employees are also provided instructional training by the Safety& Training Supervisor per agency's SMS. Drivers are given instruction in Senior Resource Association rules and standard operating procedures in the following areas : • General rules: General rules of the agency including employee conduct codes • Personal appearance: uniforms and grooming. • Customer service: expectations of employees when dealing with the public; includes instruction on how and to whom to report security incidents, and types of individuals or situations to be aware of and report.. • Traffic laws: Covers applicable traffic-related laws and regulations • Americans with Disabilities Act requirements: Provides instruction in complying with ADA requirements and providing service to disabled patrons. • Radio procedures:Provides instruction on radio procedure for both routine and emergency radio traffic. Includes instruction on reporting crimes, suspicious acts, and potentially hazardous situations. • Report writing: Provides instruction on report writing, and reporting requirements. • Substance abuse policy: An overview of the drug and alcohol testing program. 121 Occupational Safety and Health Administration(OSHA) standards: Covers blood borne pathogens and other occupational exposure to health hazards. On-Going/Refresher Training The Safety& Training Supervisor will develop and maintain a Training Manual for on-going and refresher training and testing of employees. The manual will contain training course content, curriculum, lesson plans,testing requirements, etc. On-going/refresher training and testing sessions will be conducted as necessary to remain compliant with Rule 14-90. The drivers are required to attend training and testing in all areas specified by Rule 14-90 at least once every three years.All training and testing activities are to be recorded and retained in files for a minimum of seven years. Remedial Training Senior Resource Association will employ remedial training for drivers who have been involved in a serious collision or have developed unsafe driving behavior or other driving problems. Other causes for remedial training may include persistent customer complaints, supervisor recommendations, or a result of ongoing evaluations. Depending on the circumstances,the Safety&Training Supervisor will determine the appropriate remedial training and testing,the results of which will also be documented and retained in files. Supervisor Oversight of Driving The Safety&Training Supervisor and Operations Supervisors will regularly watch the video from each bus to review for safety concerns. Should an infraction be observed,the bus operator will be notified immediately and the appropriate counseling is to take place per the progressive discipline procedure. 122 14. Records Management The Transportation Director is responsible for implementing a record management program that includes maintenance,retention, distribution, and safe disposal of all safety and security records of the agency in compliance with state and federal regulations. All safety and security documents of the agency(SMS and SPP)will be periodically revised, as needed, to ensure that they are up to date. Revisions and updates will be communicated with employees, contractors, and regulatory agencies as they occur or as deemed necessary by the management, depending on the nature of the revision or update. The SPP is considered a confidential document and will be retained in a secure location by management. Senior Resource Association will maintain and retain the following records: • Records of bus driver background checks and qualifications • Detailed descriptions of training administered and completed by each bus driver • Event investigation reports, corrective action plans, and related supporting documentation • Records of preventive maintenance, regular maintenance, inspections, lubrication, and repairs performed for each bus • Completed and signed medical examination reports for each bus driver In addition, Senior Resource Association will retain records of daily bus inspections and any corrective action documentation for a minimum of seven years. All sensitive personnel records will be protected from public access. When ready for disposal, both paper and electronic data will be disposed of in a secure manner ensuring that critical information is protected. 123 15. Drug and Alcohol Program DRUG-FREE WORKPLACE PROGRAM (DFWP) Substance Abuse Policy for Safety sensitive Employees BACKGROUND The Senior Resource Association,Inc. (SRA)adopted this policy in response to the Omnibus Transportation Employee Testing Act of 1991. The Federal Transit Administration(FTA),published regulations prohibiting drug use and alcohol misuse by transit employees and requiring transit agencies to test for prohibited drug use and alcohol misuse. Federal regulations 49 CFR Part 655, "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations"mandates urine drug testing and breath alcohol testing for all employees in safety-sensitive positions. These regulations prohibit the performance of safety sensitive functions when there is a positive drug or positive alcohol test result. In addition,the U.S.Department(DOT)has issued 49 CFR Part 40,"Procedures for Transportation Workplace Drug and Alcohol Testing Programs"to provide uniform procedures and standards for conducting drug and alcohol testing programs. The drug and alcohol testing program of SRA will be conducted in accordance with 49 CFR Part 655 and 40, as amended. This program and policy supersedes all prior Drug Free Workplace Program(DFWP) and Policies. PURPOSE The intent of this policy is to comply with FTA drug and alcohol testing requirements to ensure fitness for duty,and to protectemployees,clients,caregivers,passengers,and the general public from risks associated with the use of alcohol and prohibited drugs. This policy is also intended to comply with and incorporate Federal Regulations 40 CFR Part 29, The Drug Free Workplace Act of 1988;the establishment of drug-free workplace policies and reporting certain offenses to the FTA, including employees convicted of criminal drug offenses that occur in the workplace. This policy applies to all individuals performing a"safety-sensitive function"as defined under this policy. This policy also applies to visitors,vendors,and contractors while on SRA property. In general, adherence and participation in this program is a requirement of each safety-sensitive employee and is a condition of employment. All employees,including safety- sensitive and non-safety sensitive employees are prohibited from possessing,consuming,or reporting to work or working while alcohol and/or substances are present in their bodies. Violation of this policy will result in separation from SRA. Prospective candidates are informed that SRA is a Drug Free Workplace Policy in its job postings and advertisement. 124 SAFETY SENSITIVE POSITION Employees,applicants,volunteers,contractors or sub-contractors who perform or will perform safety sensitive functions are considered"covered employees"and therefore included in the definition. The following positions are considered Safety Sensitive at SRA: ❑ Transportation Director ❑ Transportation Fleet Manager ❑ Drivers ❑ Mechanics SAFETY SENSITIVE FUNCTION This term includes the following actions: ❑ Operating a revenue service vehicle including when not in revenue service; ❑ Controlling the movement of a revenue service vehicle; ❑ Maintaining(including repairs,overhaul,and rebuilding)a revenue service vehicle or equipment used in revenue service. Performing such a function includes any period in which a safety-sensitive employee is actually performing,ready to perform or immediately available to perform a safety- sensitive function. SUBSTANCES—PROHIBITED In addition to alcohol,the following substances are prohibited and will be tested for: ❑ Cocaine ❑ Opiates(heroin,codeine) ❑ Phencyclidine(PCP) ❑ Cannabinoids(marijuana) ❑ Amphetamines Safety-sensitive employees may be tested for any of the five prohibited drugs listed above any time they are on duty. SUBSTANCES—LEGAL USE The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. An employee or applicant may be prescribed medication from a physician, however,if the use of any substance carrying a warning label indicates that mental functioning, motor skills, or judgment may be impaired,the employee must inform their supervisor and medical advice must be sought before performing any work-related duties. Alternatively,the employee must obtain permission to be relieved of safety-sensitive work until the prescribed medication is no longer needed. SUBSTANCES—MISUSE OF The misuse of legally prescribed drugs or the use of illegally obtained prescription drugs is prohibited and considered prohibited conduct and will be dealt with in the same manner as the use of all illegal substances. Misuse also includes using medication that is used by an individual other than the person on the prescription. 125 ALCOHOL A socially acceptable substance consumed throughout the world,however,when consumed for physical and mood-altering affects, it is an abused substance which slows down physical functions and progressively impairs mental acuteness. For the purpose of this policy,alcohol is an intoxicating agent found in: ❑ Beverage alcohol ❑ Ethyl alcohol ❑ Low molecular weight alcohol(methyl or isopropyl) ❑ Any beverage,mixture,or preparation,including medications,containing alcohol PROHIBITED ACTIVITIES Covered employees are prohibited from: ❑ consuming alcohol within 4 hours of performing a safety-sensitive function, ❑ consuming alcohol while performing a safety-sensitive function, ❑ consuming alcohol during specified"on-call"hours or while"waiting for work", ❑ bringing alcohol,drugs or drug paraphernalia on SRA building,vehicle or property, ❑ bringing alcohol,drugs or drug paraphernalia to a client's home or property, ❑ possessing alcohol or drugs,being impaired by alcohol or drugs,or displaying conduct that causes"reasonable suspicion", ❑ possessing in one's body any detectable amount of drugs or alcohol,and ❑ unlawful manufacturing,distributing,dispensing,possessing,or using alcohol or any form of controlled substances as defined above,during the employee's schedule and/or work day,whether or not on SRA business or property. Any employer having actual knowledge that a covered employee has consumed alcohol within four hours of performing a safety-sensitive function shall not permit the individual to perform or continue to perform a safety-sensitive function. COMPLIANCE WITH TESTING REQUIRMENTS All covered employees are subject to urine drug testing and alcohol testing as a condition of employment. Such testing may be done for the following: ❑ prior to employment in a safety-sensitive position ❑ prior to a transfer from a non-safety sensitive to a safety-sensitive position ❑ for reasonable suspicion ❑ immediately following an on-duty,FTA-qualifying accident ❑ for a return to work following an extended absence related to worker's compensation, light duty, or leave(this is considered to be a pre-employment test) ❑ randomly ❑ any other time required by FTA Procedures used to test for the presence of alcohol or a controlled substance shall be such that they protect the employee,the validity of the testing process,the validity of the test result and that the results are attributed to the correct employee. The testing,handling of tests and confidentiality shall be conducted consistent with the procedure set forth in 49 CFR Part 40, as amended. PRE-EMPLOYMENT All covered employees will undergo a drug test prior to employment at SRA. Failure to comply, complete a drug test and produce a verified negative test result will disqualify an 126 individual from employment at SRA. A covered employee or applicant cannot be hired or perform a safety sensitive function until the individual takes a pre-employment drug test administered in compliance with Sect.655.41(a) and a verified negative result has been received from the MRO. If a pre-employment drug test is canceled, SRA shall require the covered employee or applicant to take another pre-employment drug test with a verified negative test result. Pre-employment-Leave of Absence An employee who returns from an extended leave of 90 consecutive days or more must take and pass a pre-employment drug test prior to resuming or returning to a safety-sensitive function, if they were not in the random testing pool during their leave. Failure to pass a drug test will result in termination and the individual will be referred to a SAP. Pre-Employment—Employee Transfer An employee transferring from a non-safety sensitive position may not perform a safety sensitive function until a pre-employment drug test is administered with a verified negative test result. REASONABLE SUSPICION The employer's determination that reasonable suspicion exists shall be based on specific, contemporaneous,articulable observations concerning the appearance,behavior,speech or body odors of the covered employee,such as: 1. Apparent physical state of impairment 2. Odor of alcohol on breath 3. Incoherent mental state 4. Marked changes in behavior that are otherwise unexplainable 5. Accident or other action that provides reasonable cause to believe the covered employee may be in violation of this policy SRA supervisor(s)or other company official(s)who is trained in detecting the signs and symptoms of drug use and alcohol misuse must make the required observations. SRA has the right to authorize and train other company officials to make reasonable suspicion observations. The covered employee will be accompanied by a manager to the testing site. Employees under reasonable suspicion will be placed on suspension with pay and will not return to duty until the test results are issued. POST ACCIDENT Following an FTA-qualifying accident as defined in this section, SRA is responsible for ensuring that post-accident alcohol and drug testing is conducted as soon as possible. If an alcohol test is not administered within two hours following the accident, SRA will document the reason(s)the alcohol test was not properly administered and will continue attempts to administer an alcohol test for up to 8 hours following the accident. If an alcohol test required by this section is not administered within 8 hours following the accident, SRA will cease attempts to administer the test and update the two-hour report. The drug test must be administered within 32 hours following the accident. Accidents resulting in a fatality require a safety sensitive employee to undergo drug and alcohol testing regardless of whether or not the vehicle is in revenue service. Any other employee(s) whose performance may have contributed to the accident will also be tested. 127 A drug and alcohol test will also be conducted if the accident results in injuries requiring immediate medical treatment away from the accident scene,or if one or more vehicles incur disabling damage that requires towing from the accident site,unless SRA determines that the employee's performance can be completely discounted as a contributing factor to the accident. The decision regarding whether the employee's performance involved in an accident is the sole discretion of SRA using the best information available at that time. Any other employee(s)whose performance may have contributed to the accident will also be tested. SRA also reserves the right, for insurance purpose,to test a safety-sensitive employee under its own authority,even when the accident does not meet FTA guidelines. Post-accident testing shall not delay necessary medical treatment. SRA prohibits alcohol use by any covered employee required to take a post-accident alcohol test under Section 655.44 for a minimum of eight hours following the accident or until the covered employee undergoes a post-accident test,whichever comes first. In the rare event the employee is unable to submit to a post-accident test within the required timeframe(8 hours for lchol and 32 hours for drugsdue to circumstances beyond heir control,the results of a blood, urine and breath alcohol test conducted by federal, state or local officials having independent authority to test,will be considered to meet the post-accident requirements if the test conforms to applicable federal, state,or local testing requirements and the results are obtained by SRA, as per Section 655.44(a)(2)(ii). LEAVING THE ACCIDENT Any safety-sensitive employee,who leaves the scene of an accident without a justifiable reason or explanation prior to the required post-accident test, is considered to have refused a test,and will be immediately removed from their duty and terminated. RANDOM A covered employee may be randomly tested for prohibited drug use anytime while on duty. Any drug which(1) is not legally obtained;(2)can be legally obtainable but is not, (3) is used in a manner or for a purpose other than prescribed,or(4) is used by an individual other than the person for whom it is prescribed. Any illegal drug or substance identified in Schedules I through V of Section 202 of the Controlled Substance Act(21 USC 812),and as further defined by 21 CFR 1300.11 through 1300.15. Covered employees in safety sensitive functions are subject to random,unannounced testing throughout the year. SRA ensures that the selection of employees for random testing is made by a scientifically valid method, such as a random table number or a computer-based random number generator,so that each covered employee shall have an equal chance of being tested each time selections are made. SRA also ensures that the random drug testing is spread out throughout the calendar year, including any day and times a safety sensitive function is being performed. The covered employee who is notified that they have been selected for random drug and/or alcohol testing must immediately proceed to the test site. If a manager is in the random selection pool and responsible for generating or receiving the random list, or for notifying employees selected by the random list,the list will act as notification to the manager, if the manager is selected,and the manager will proceed immediately to the test site. 128 ALCOHOL TESTING A covered employee shall only be randomly tested for alcohol misuse while the employee is performing safety-sensitive functions;just before the employee is to perform safety-sensitive functions,or just after the employee has ceased performing such functions. No safety-sensitive employee shall report for duty, remain on duty,be on call or stand by for duty when required to perform a safety-sensitive function while having an alcohol concentration of 0.02 or greater. If an initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. An employee who has a confirmed alcohol concentration of 0.02 but less than 0.04 will be removed from the safety-sensitive for eight hours or until a retest results in a concentration measure of less than 0.02,whichever is earlier. An alcohol concentration of 0.04 or greater will be considered a positive test and a violation of this policy. The employee will be removed from their safety sensitive duty,terminated and referred to a Substance Abuse Professional(SAP). TESTING PROCEDURES AND RECORDKEEPING 1. Testing will be conducted in a manner that ensures a high degree of accuracy and reliability;using techniques,equipment and lab facilities which have been approved by the U.S.Department of Health and Human Services(DHHS). 2. Initial alcohol screening tests will be conducted by a National Highway Traffic Safety Administration(NHTSA)approved Evidential Breath Testing Device(EBT)or non- evidential device approved by NHTSA. Confirmatory test for alcohol concentration will be conducted utilizing a NHTSA approved EBT. 3. A trained Breath Alcohol Technician(BAT)shall conduct the alcohol screening test and the results of both screening and confirmation will be displayed to the person being tested immediately following the test(s). 4. Results will be transmitted by the BAT to SRA in a confidential manner(in writing, in person, electronic)and filed appropriately and/or become part of the employee's medical record. 5. A covered employee with a confirmed positive drug or alcohol test will be removed from their safety- sensitive position and terminated from employment. The individual will be informed of educational and rehabilitation programs and referred to a Substance Abuse Professional(SAP). 6. Except as required by law or expressly authorized, SRA shall not release employee information contained in records maintained per 40 CFR section 655.73. 7. An employee is entitled,upon written request,to obtain copies of any records pertaining to the employee's use of alcohol or controlled substances,including any records pertaining to their alcohol or controlled substance tests. 8. SRA shall release or obtain information regarding the employee's records as directed by the specific,written consent of the employee authorizing release of the information to an identified person. Release of such information is permitted only in accordance with the terms of the employee's consent. 129 9. SRA may disclose information required to be maintained under 49 CFR part 655.73 pertaining to an employee/applicant,a decision maker in a lawsuit,grievance or other proceedings initiated by/on behalf of such individuals,and/or arising from the results of an alcohol and/or controlled substance test administered under this part,or from determination that the employee engaged in conduct prohibited by this policy, including but not limited a worker's compensation or other proceedings relating to a benefit sought by the employee. 10. SRA shall make available copies of test results conducted under this policy, including the administration of a post-accident alcohol and/or controlled substance test,or other information pertaining to alcohol misuse and/or controlled substance use prevention program,when requested by DOT,FTA or National Transportation Safety Board. SHY BLADDER If an employee is unable to produce sufficient urine for testing(shy bladder)he/she will be given up to three hours to produce a sufficient urine specimen for a drug test. During the three-hour period an employee will be given up to 40 ounces of fluid before making a second attempt to provide a complete specimen. CONSEQUENCES A covered employee will be immediately removed from their safety sensitive function, terminated from the organization,and referred to the SAP if any of the following occur: ❑ a verified positive drug test result ❑ a confirmed alcohol test result with an alcohol concentration of 0.04 or greater ❑ refusal of a request for testing REFUSAL TO TEST The following actions constitute a refusal to test: ❑ failure to sign the certification at Step 2 of the ATF for alcohol testing ❑ failure to remain at the test site until the test process is complete ❑ failure to undergo a medical examination or evaluation as directed by the MRO as part of the verification process ❑ if the MRO has verified an adulterated or substituted test result ❑ failure to provide a breath or urine specimen ❑ failure to provide a sufficient breath or urine sample without a valid medical explanation ❑ refusal to have the test directly observed or monitored or failure to permit the observation of monitoring of their specimen ❑ failure to take a second test the employer or the collector has directed ❑ failure to follow the observer's instructions during an observed collection including instructions to raise clothing above the waist, lower clothing and underpants,and to turn around to permit the observer to determine if there is present any type of prosthetic or other device that could be used to interfere with the collection process ❑ possess or wear a prosthetic or other device that could be used to interfere with the collection process ❑ admit to the collector or MRO that you adulterated or substituted the specimen ❑ verbal declaration of refusal,disruptive or uncooperative behavior,or failure to cooperate with any part of the testing process 130 CANCELLED OR INVALID TEST A drug test that has been declared invalid by the MRO or canceled for other reasons will be considered neither positive nor negative. A rejected sample by the lab is treated the same as a canceled test. For alcohol testing,a test that is deemed to be invalid per 40 CFR Part 40.267, will be considered neither negative nor positive. If a pre-employment drug test is canceled, the Designated Employer Representative(DER)will require the applicant to take another pre- employment drug test with a verified negative result before the individual can perform any safety-sensitive function. SPECIMEN TEMPERATURE OUT OF RANGE During the urine collection process,the urine specimen will be examined to determine if it has been altered or substituted. Any urine specimen with a temperature outside the range specified in 49 CFR Part 49 will result in a second collection under direct observation. ADDITIONAL TESTING/SPLIT-SPECIMEN An employee is entitled to request within 72 hours of learning of a verified positive test result by the MRO, for an additional test of the split specimen,at the employee's expense. A different DHHS-certified lab must be used,and the test will be conducted following 49 CFR Part 40 requirements. If the test result of the split-specimen fails to reconfirm the presence of a substance,the test result will be ruled,"Canceled", and procedures for canceled tests;49 CFR Part 40.187 will be followed. If the test result confirms"Positive",the test result is ruled positive. If the employee has not requested a split specimen test within 72 hours,the employee may present reasons why they were unable to make a timely request. The MRO will determine whether the explanation is satisfactory. Dilute Test SRA shall,upon receipt of a negative dilute result from the MRO,request the employee/applicant to submit to a second urine collection as outlined in 40 CFR Part 40.197. A verified,positive dilute constitutes the same as a verified positive non-dilute result. VERIFIED POSITIVE TEST RESULT PROCESS SRA will notify a covered employee of a random,reasonable suspicion and post-accident test result for controlled substances or alcohol conducted under this part when the test result is verified positive. SRA will inform the employee which substances were verified as positive. Under this policy,verified positive test results will result in removal from safety sensitive duty and termination from the organization. A referral to a DOT Certified Substance Abuse Professional who meets the qualifications outlined in 49 CFR Part 40.281 Subpart 0,will be provided to the employee. TREATMENT Covered employees who are in violation of this policy will be immediately removed from safety-sensitive duty and their employment will be terminated. Those that test positive are encouraged to make use of the available resources for treatment for alcohol and substance abuse programs. SRA will refer the terminated employee to a SAP who has knowledge of and clinical experience in the diagnosis and treatment for alcohol and controlled substances-related disorders,and who meets the qualifications outlined in 49 CFR Part 40.281 Subpart O. 131 EMPLOYEE PROTECTIONS SRA is committed to fair and equitable application of this policy,therefore,managers are to use and apply all aspects of this policy in an unbiased and impartial manner. 1. It is not the responsibility of the manager to determine if substance abuse has or has not occurred.The manager's duty is to determine if there is reasonable suspicion and if the safety- sensitive employee is"fit for duty". 2. If the opinion of the manager is that the employee is considered"unfit for duty,"the manager,in coordination with another manager,will determine if the employee should be tested for drugs and/or alcohol.The employee will be sent home by a safe mode of transportation,accompanied,if necessary,by management. Depending on the determination of the observed impairment,the employee may be referred to a facility for an evaluation,and will not be allowed to drive. 3. If an employee suspects another employee is"unfit for duty",they should report their observation or concern to a manager immediately. 4. A supervisor who knowingly disregards the requirements of this policy,or who deliberately misuses the policy shall be subject to disciplinary action,up to and including termination. 5. An employee,who fails to immediately notify a supervisor of any criminal drug statute conviction, a finding of guilt,whether or not adjudication is withheld,or the entry into a diversionary program in lieu of prosecution,shall be subject to immediate removal from safety-sensitive functions and disciplinary action up to and including termination. 6. An employee reporting for work,unfit for duty, as defined above,or is unable to properly perform work duties due to conduct that would violate this policy will, at a minimum,be suspended without pay and may be subject to further disciplinary action up to and including termination. 7. The consequences of a positive drug test include the possible denial of workers' compensation benefits pursuant to the Workers' Compensation Act§440.102,Florida Statutes. REQUIRED BACKGROUND CHECKS In compliance with 49 CFR Part 40.25, SRA must make a good faith effort to obtain drug and alcohol test records from prior DOT covered employer(s)for the previous two (2)years for all applicants seeking safety-sensitive positions and all current employees transferring into safety- sensitive positions. 1. Each applicant or transferee is required to provide written consent allowing the release of such information from previous DOT covered employers to SRA. 2. An applicant/transferee who refuse to provide written consent will not be permitted to perform safety-sensitive functions for SRA. 3. Safety-sensitive applicants/transferees who previously failed a DOT pre-employment test must provide proof of successful completion of a Substance Abuse Professional's evaluation and treatment program in addition to their submission to a pre-employment drug test with a negative result prior to their employment into a safety-sensitive function. Credentials, 132 training and education of the Substance Abuse Professional must meet or exceed 40 CFR Part 40, Subpart O. MEDICAL REVIEW OFFICER(MRO) The designated MRO shall be a licensed physician with knowledge of drug disorders. SRA uses the following MRO: Dr.Natalie Hartenbaum c/o First Lab 1364 Welsh Road, Suite C-2 North Wales,PA 19454- 1913 Phone: 800-732-3784 Fax: 215-641-4959 www.firstlab.com DOT Acct#09545680 FL DFWP Acct#37198025 The role of the MRO is to review, interpret and confirm test results,and examine alternate medical explanation for positive test results by conducting further medical interviews and review of the individual's medical history or other relevant factors. The MRO shall review all medical records made available by the tested individual when a confirmed positive test could have resulted from a legally prescribed medication. The MRO shall not consider results of urine samples that are not obtained or processed in accordance to DOT regulations. The MRO shall report to a designee of SRA using any written communication reporting device on test results,two (2)business days following the completion of a test. The report will contain: ❑ Full name of the employee tested,as indicated on the Custody& Control Form ❑ Specimen ID from the CCF; donor SSN, or employee ID number ❑ Date of collection ❑ Date MRO received copy of the CCF ❑ Result of test;date test was verified An employee shall be notified by the MRO of a laboratory confirmed positive test and a verification interview will be conducted with the employee by the MRO, in accordance with 49 CFR Parts 40.131,through 40.141. Random Program Compliance • First Lab will send a monthly/quarterly reminder when an update of the client employee list is due. • SRA will monitor testing numbers throughout the year and make adjustments as needed to each selection period to keep on track. • An alternative report option will be provided for the selection of alternates if there is an employee selected who is not available for testing in the selection period. • A Compliance Report will be generated so that the compliance status can be reviewed at any time. • An analysis will be completed before the last selection for the year to make sure that enough employees have been selected to ensure compliance for the year. 133 TRAINING To comply,the Senior Resource Association will provide training stated below,as required ❑ Supervisors who make reasonable suspicion determinations shall receive at least 60 minutes of training on the physical,behavioral and performance indicators of probable drug use and 60 minutes on the performance indicators of probable alcohol use. ❑ Safety-sensitive employees shall be provided a minimum of 120 minutes/2 hours of orientation and training on this policy and its implementation and on the adverse effects of drug and alcohol abuse on personal health, safety,and the work environment. Any questions regarding this policy or any aspect of this policy or program should contact their supervisor or Human Resources. RECORD RETENTION AND RELEASE OF INFORMATION All dated records and notifications identified by individual will be maintained by the MRO for a minimum of: ❑ five(5)years for verified positive controlled substance test results ❑ one(1)year for negative controlled substance test results No person may obtain the individual controlled substance test results retained by SRA or the MRO,and SRA and the MRO shall not release the individual controlled substance test results of any employee to any person SRA will maintain records and notifications,as per FTA guidelines: ❑ by individual for a minimum of five(5)years for verified positive controlled substance test results ❑ all dated records for a minimum of one(1) year for verified negative controlled substance test results and any canceled tests ❑ by individual for a minimum of five(5)years for verified positive alcohol test results ❑ all dated records for a minimum of one(1)year for verified negative alcohol test results ❑ all dated records pertaining to the collection process for two (2)years ❑ all copies of annual MIS reports submitted to FTA for a minimum of five (5)years ❑ employee training records for a minimum of two(2)years ❑ records obtained from previous employer for new hires for a minimum of three (3)years from the date of the employee's first performance of safety-sensitive duties No one may obtain the individual alcohol test results retained by SRA or the MRO,and SRA and the MRO shall not release the individual alcohol test results of any employee to any person PROGRAM CONTACTS Any questions regarding this policy or other aspect of the drug-free/alcohol-free substance abuse program, should contact: Chief Personnel officer 4385 43rd avenue Vero Beach,FL 32967 Ph.: 772-569-0760 ext. 109 Fax: 772-778-7272 134 16.Vehicle and Facilities Maintenance Program The function of the maintenance plan is to provide a consistent systematic program to properly maintain and service vehicles to meet or exceed the manufacturer's recommended maintenance schedule. Senior Resource Association vehicle maintenance program will ensure that all buses operated, and all parts and accessories on such buses, including those specified in Rule 14- 90.007,F.A.C., and any additional parts and accessories which mayaffect safety of operation, including frame and frame assemblies, suspension systems, axles and attaching parts,wheels and rims, and steering systems, are regularly and systematically inspected, maintained, and lubricated to standards that meet or exceed the bus manufacturer's recommendations and requirements. The Maintenance Supervisor is responsible for ensuring that a Maintenance Plan consistent with 14- 90 has been developed and implemented by the agency and that all vehicles operated are regularly and systematically inspected, maintained, and lubricated according to the agency's Maintenance Plan. The vehicle and facilities maintenance plans are included in the Appendix of this PTASP. Daily Vehicle Inspections (DVI) Drivers are required to perform daily vehicle inspections prior to operating the assigned vehicle, during routes, and after all route schedules are completed. The pre/post-trip inspection includes an inspection of the following parts and devices to ascertain that they are in safe condition and in good working order: • Service brakes • Parking brakes • Tires and wheels • Steering • Horn • Lighting devices • Windshield wipers • Rear vision mirrors • Passenger doors • Exhaust system • Equipment for transporting wheelchairs • Safety, security, and emergency equipment During the scheduled trips and at the end of the day,the operator will note any additional findings and submit the daily vehicle inspection forms. The process and form/s to be utilized for daily vehicle inspections is included in agency's preventative maintenance guidelines. The daily vehicle inspection forms must be complete with the operator's signature and a check in each box to document that the items are "OK" or X in each box for defects and is noted in the comments section. If the driver finds any mechanical or other problems that could compromise the safety of the vehicle at any point, the drivers will immediately inform their Supervisor and the vehicle will not be scheduled for service until repaired. Failure to report deficiencies by drivers may result in an administrative action taken against the employee. 135 Daily inspection records will be retained for a minimum of seven years. The Maintenance Supervisor will periodically conduct vehicle inspections behind the drivers who have completed the vehicle inspections to ensure that the daily vehicle inspections are adequately performed. Once defects are noted they will be prioritized and sorted into categories for repairs. Once a defect is noted on the inspection form and repaired,the documentation will be attached to the work/repair order and filed in the maintenance files. Preventive Maintenance Senior Resource Association will perform scheduled preventive maintenance on all vehicles at the 6,000 mile interval specified in the agency's maintenance plan. As preventative maintenance inspections are scheduled by projected mileage, the agency will allow±600 mile deviations in mileage interval. When a vehicle is due for an inspection, it will be taken out of service until the inspection is completed. This allows a series of repairs to be carried out while minimizing costs and optimizing the number of operational vehicles. If a vehicle is "down" for an extended period of time due to unavoidable circumstances,preventative maintenance will be temporarily suspended until the vehicle can be returned to service. However,the annual inspection will be conducted on all vehicles regardless of"up/down" status and/or mileage accrued. There will be a monthly audit of the Maintenance department's work by the Transportation Director to ensure maintenance is adhering to FDOT"C" inspection standards. Each vehicle will have a written record documenting preventive maintenance, regular maintenance, inspections, lubrication and repairs performed. Such records will be maintained for at least seven years and include, at a minimum,the following information: • Identification of the bus • Date, mileage, description, type "C" inspection, maintenance, lubrication, or repair performed For tracking purposes, a maintenance log will be kept containing vehicle ID, make and type of vehicle, year,model, special equipment, inspections, maintenance and lubrication intervals, and date or mileage when services are due. 136 17. Operating and Driving Requirements The Chief Safety Officer is responsible for overall compliance with all operating and driving requirements of the SMS. It is the responsibility of every Senior Resource Association employee who performs driving and/or operational duties to strictly adhere to the following requirements: • Under no circumstances is a driver allowed to operate a vehicle without having the appropriate and valid driver's license in his or her possession. • Drivers are not permitted to drive a bus when his or her driver license has been suspended, cancelled, or revoked. A driver who receives a notice that his or her license to operate a motor vehicle has been suspended, cancelled, or revoked is required to notify his or her supervisor of the contents of the notice immediately, if possible, otherwise no later than the end of the business day following the day he or she received the notice. Violation of this policy may result in disciplinary actions including suspension or termination of employment. • Senior Resource Association management will annually check Motor Vehicle Records (MVR) for all drivers for investigating information on license suspensions, revocations, accidents, traffic violations, unpaid summons, etc. Senior Resource Association management will also check driver license status of each driver utilizing the Florida Department of Highway Safety and Motor Vehicles website - https://www6.hsmv.state.fl.us/DLCheck/main.j sp. • Buses must be.operated at all times in compliance with applicable traffic regulations, ordinances, and laws of the jurisdiction in which they are being operated. • Rule 14-90 defines"On Duty" and"Off Duty" status of drivers as follows - o "On Duty" means the status of the driver from the time he or she begins work, or is required to be in readiness to work,until the time the driver is relieved from work and all responsibility for performing work. "On Duty" includes all time spent by the driver as follows: • (a) Waiting to be dispatched at bus transit system terminals, facilities, or other private or public property, unless the driver has been completely relieved from duty by the bus transit system. • (b) Inspecting, servicing, or conditioning any vehicle. • (c)Driving. • (d)Remaining in readiness to operate a vehicle (stand-by). • (e) Repairing, obtaining assistance, or remaining in attendance in or about a disabled vehicle. o "Off-Duty"means any time the driver is not on duty,required to be in readiness to work,or under any responsibility to perform work. Such time shall not be counted towards the maximum allowed on-duty hours within a 24-hour period. 137 • Drivers are not permitted to drive more than 12 hours in a 24-hour period,or drive after having been on duty for 16 hours in a 24-hour period. A driver is not permitted to drive until the requirement of a minimum eight consecutive hours of off-duty time has been fulfilled. A driver's work period begins from the time he or she first reports for duty to his or her employer. A driver is permitted to exceed his or her regulated hours in order to reach a regularly established relief or dispatch point, provided the additional driving time does not exceed one hour. The Hours Worked Policy is an attachment to this PTASP. • Drivers are not permitted to be on duty more than 72 hours in any period of seven consecutive days; however, any 24 consecutive hours of off duty time shall constitute the end of any such period of seven consecutive days.A driver who has reached the maximum 72 hours of on duty time during the seven consecutive days is required to have a minimum of 24 consecutive hours of off duty time prior to returning to on duty status. • A driver is permitted to drive for more than the regulated hours for the safety and protection of the public when conditions such as adverse weather,disaster,security threat,a road or traffic condition,medical emergency, or an accident occur. • Drivers are not permitted to drive a bus when his or her ability is impaired, or likely to be impaired, by fatigue, illness, or other causes, likely to create an unsafe condition. • Drivers will not report for duty or operate any vehicle while under the influence of alcohol or any other substance,legal or illegal,that may impair driving ability.All employees are required to comply with agency's Substance Abuse Policy. • Drivers are required to conduct daily vehicle inspections and reporting of all defects and deficiencies likely to affect safe operation or cause mechanical malfunctions. • Drivers are required to immediately report any defect or deficiency that may affect safe operations or cause mechanical malfunctions.Any defect or deficiency found shall be properly. documented on a Daily Vehicle Inspection (DVI) form and should be submitted to their Supervisor. • A bus with any passenger doors in the open position will not be operated with passengers aboard. The doors will not be opened until the bus is stopped. A bus with any inoperable passenger door will not be operated with passengers aboard, except to move a bus to a safe location. • Drivers will ensure that during darkness, interior lighting and lighting in stepwells on buses shall be sufficient for passengers to enter and exit safely. Adherence to pre-trip inspection requirements help insure the ability of this requirement to be met._ • Passengers will not be permitted in the stepwells of any bus while the bus is in motion, or to occupy an area forward of the standee line. • Passengers will not be permitted to stand on buses not designed and constructed for that purpose. • Drivers are required to be properly secured to the driver's seat with a restraining belt at all times while the bus is in motion. • Buses will not be left unattended in an unsafe condition with passengers aboard at any time. 138 • Drivers are prohibited from:leaving keys in the vehicle for any reason at any time the bus is left unattended. • Transit vehicles will not be used at any time for uses other than those that are authorized and permitted according to state and federal program requirements. Noncompliance with these requirements may result in disciplinary actions including suspension or termination of employment. Medical Examinations Requirements This section of the SMS establishes Senior Resource Association's medical examination requirements for all applicants for driver positions and for existing drivers. • Medical examination at least once everytwoyears for existingdrivers,and a return to duty examination for any driver prior to returning to duty after having been off duty for 30 or more days due to an illness, medical condition, or injury. • Medical examinations will be performed and recorded according to Medical Examination Form 725-030-011 • : Medical examinations will be performed by a Doctor of Medicine or Osteopathy,Physician Assistant, or Advanced Registered Nurse Practitioner licensed or certified by the State of Florida. If medical examinations are performed by a Physician Assistant or Advanced Registered Nurse Practitioner, they must be performed under the supervision or review of a Doctor of Medicine or Osteopathy. • An ophthalmologist or optometrist licensed by the State of Florida may perform as much of the medical examination as it pertains to visual acuity, field of vision, and color recognition. • Upon completion of the medical examination,the examiner shall complete, sign, and date the medical examination form and maintain the original at his or her office. • Upon completion of the medical examination, the examinershall complete, sign, and date the medical examination certificate and provide a copy to Senior Resource Association. • Upon completion of the medical examination the driver shall provide their driver license number, signature, and date on the medical examination certificate. • Completed and signed medical examination certificate for each bus driver,dated within the past 24 months, will be maintained on file for a minimum of seven years from the date of the examination. • Senior Resource Association will not allow a driver to operate a transit bus without having on file a completed medical examination certificate dated within the past 24 months. 139 Wireless Communication Policy In compliance with Rule 14-90, (FL 14-90)Florida Administrative Code; Florida Public Transportation Authority(FPTA);Equipment and Operational Safety Standards for Bus Transit Systems, all SRA employees (drivers)are prohibited from using personal electronic communication devices while driving or operating a leased or owned SRA vehicle. In conjunction with the organizations (SRA)Policy on Appropriate Use of Equipment, further elaboration on the proper use of electronic devices is below. Transportation Employees Electronic communication devices or electrical devices issued by SRA and/or installed in SRA vehicles, leased or owned, are provided for the safety and efficient operation of our Transit and Para Transit system, and is to be used solely for business related purposes. Social conversation and conversations unrelated to the transportation function is prohibited. Personal electronic devices and personal wireless communication devices as outlined in FL 14-90, is not to interfere with,nor distract an operator from their safety related duties. The use of these devices are prohibited while the transit vehicle is in motion and as a requirement of FL 14-90, must be turned off with any ear piece(s) removed from the operator's ear while occupying the driver's seat. Emergency Situation SRA Transportation trains and communicates to all Transportation employees (Transportation Driver)the procedure to follow in the event of an emergency situation, including instructions for using personal electronic communication devices (the operator or by-stander) if SRA electronic devices no longer operative. Definitions (Extracted from FL 14-90): Bus Transit System - a community transportation coordinator; a public transit provider;.or a private contract transit provider which owns, operates, leases, or controls buses; or a privately owned or operated transit provider that receives operational or capital funding from the Department and owns, operates, leases, or controls buses, other than nonpublic sector buses, defined in Section 316.003,F.S.,that provides provide transportation services available for use by the general riding public. Community Transportation Coordinator-a provider of transportation services or an entity that ensures such services are provided by another bus transit system. Drive or Operate-terms which include all time spent at the controls of a bus in operation. Driver- any person trained and designated to drive a bus on a street or highway which is being used for the public transport of persons for compensation. 140 On-Duty -the status of the driver from the time he or she begins work, or is required to be in readiness to work,until the time the driver is relieved from work and all responsibility for performing work. "On-Duty" includes all time spent by the driver as follows: (a) Waiting to be dispatched at bus transit system terminals, facilities, or other private or public property,unless the driver has been completely relieved from duty by the bus transit system. (b)Inspecting, servicing, or conditioning any vehicle. (c)Driving. (d)Remaining in readiness to operate a vehicle (stand-by). (e)Repairing, obtaining assistance, or remaining in attendance in or about a disabled vehicle. Unsafe Condition - anything or circumstance which endangers human life or property. Personal electronic or electrical device- an electronic or electrical device that was not provided by the bus transit system and its use is for business purposes. Use of a wireless communication device-use of a mobile telephone or other electronic or electrical device, hands-on or hands-free,to conduct an oral communication;to place or receive a telephone call; to send or read electronic mail or a text message;to play a game; to navigate the Internet; to play,view, or listen to a video; to play, view, or listen to a television broadcast;to play or listen to music;to execute a computational function, or to perform any other function that is not necessary for the health or safety of the person and that entails the risk of distracting the employee from a safety-critical task. The use of an electronic or electrical device that enhances the individual's physical ability to perform, such as a hearing aid, is not included in this definition. Wireless communication device -an electronic or electrical device capable of remote communication. Examples include cell phones,personal digital assistants (PDAs) and portable computers (commonly called laptop computers). 141 18. Vehicle Equipment Standards & Procurement Criteria Senior Resource Association will procure vehicles utilizing the Transit Research-Inspection- Procurement Services (TRIPS)program, formerly known as the Florida Vehicle Procurement Program (FVPP), and other State Programs strictly adhering to the vehicle equipment standards and procurement criteria specified in 14-90.007. • All buses procured and operated must meet the following minimum standards, as applicable: a. The capability and strength to carry the maximum allowed load and not exceed the manufacturer's gross vehicle weight rating (GVWR), gross axle weighting, or tire rating. b. Structural integrity that mitigates or minimizes the adverse effects of collisions. c. Federal Motor Vehicle Safety Standards (FMVSS), 49 C.F.R. Part 571, Sections 102, 103, 104, 105, 108, 207, 209, 210, 217, 302, 403, and 404, October 1, 2008, hereby incorporated by reference. • Proof of strength and structural integrity tests on new buses procured will be submitted by manufacturers or bus transit systems to the Department. • In addition, every bus operated by the agency will be equipped as follows: o Mirrors. There shall be two exterior rear vision mirrors, one at each side. The mirrors shall be firmly attached to the outside of the bus and so located as to reflect to the driver a view of the highway to the rear along both sides of the vehicle.Each exterior rear vision mirror,on Type I buses shall have a minimum reflective surface of 50 square inches.Neither the mirror nor the mounting shall protrude farther than the widest part of the vehicle body except to the extent necessary to produce a field of view meeting or exceeding the requirements of this section. All Type I buses shall, in addition to the above requirements, be equipped with an inside rear vision mirror capable of giving the driver a clear view of seated and standing passengers. Buses having a passenger exit door that is located inconveniently for the driver's visual control shall be equipped with additional interior mirrors to enable the driver to view the passenger exit door. In lieu of interior mirrors, trailer buses and articulated buses may be equipped with closed circuit'video systems or adult monitors in voice control with the driver. o Wiring and Batteries. Electrical wiring shall be maintained so as not to come in contact with moving parts, heated surfaces, or be subject to chafing or abrasion which may cause insulation to become worn.Every Type I bus manufactured on or after February 7, 1988, shall be equipped with a storage battery electrical power main disconnect switch. The disconnect switch shall be practicably located in an accessible location adjacent to or near to the battery and be legibly and permanently marked for identification. Every storage battery on a public-sector bus shall be mounted with proper detainment devices in a compartment which provides adequate ventilation and drainage. 142 o Brake Interlock Systems.All Type I buses having a rear exit door shall be equipped with a rear exit door/brake interlock that automatically applies the brake upon driver activation of the rear exit door to the open position. Brake interlock application shall remain activated until deactivated by the driver and the rear exit door returns to the closed position.The rear exit door brake interlock on such buses shall be equipped with an identified override switch enabling emergency release of the brake interlock function. The override switch,—shall not be located within reach of the seated driver. Air pressure application to the brake during brake interlock operation,on buses equipped with rear exit door/brake interlock, shall be regulated at the equipment's original manufacturer's specifications. o Standee Line and Warning. Every bus designed and constructed to allow standees shall be plainly marked with a line of contrasting color at least two inches wide, or be equipped with some other means to indicate that all passengers are prohibited from occupying a space forward of a perpendicular plane drawn through the rear of the driver's seat and perpendicular to the longitudinal axis of the bus. A signshall g be posted at or near the front of the bus stating that it is a violation for a bus to be operated with passengers occupying an area forward of the line. o Flooring, Steps, and Thresholds. Flooring, steps, and thresholds on all buses shall have slip resistant surfaces without protruding or sharp edges, lips, or overhangs, in order to prevent tripping hazards.All step edges and thresholds shall have a band of color(s) running the full width of the step or edge which contrasts with the step tread and riser, either light-on-dark or dark-on-light. o Doors. Power activated doors on all buses shall be equipped with a manual device designed to release door closing pressure. o Emergency Exits. All buses shall have an emergency exit door, or in lieu thereof, shall be provided with emergency escape push-out windows. Each emergency escape window shall be in the form of a parallelogram with dimensions not less than 18" by 24", and each shall contain an area of not less than 432 square inches. There shall be a sufficient number of push-out or kick-out windows in each vehicle to provide a total escape area equivalent to 67 square inches per seat, including the driver's seat. No less than 40% of the total escape area shall be on one side of the vehicle. Emergency escape kick-out or push-out windows and emergency exit doors shall be conspicuously marked with a sign or light and shall always be kept in good working order so that they may be readily opened in an emergency. All such windows and doors shall not be obstructed either inside or outside so as to hinder escape. Buses equipped with an auxiliary door for emergency exit shall be equipped with an audible alarm and light indicating to the driver when a door is ajar or opened while the engine is running. Supplemental security locks operable by a key are prohibited on emergency exit doors unless these security locks are equipped and connected with an ignition interlock system or an audio visual alarm located in the driver's compartment. Any supplemental security lock system used on emergency exits shall be kept unlocked whenever a bus is in operation. 143 o Tires and Wheels. Tires shall be properly inflated in accordance with manufacturer's recommendations. i. No bus shall be operated with a tread groove pattern depth: 1. Less than 4/32 (1/8)of an inch,measured at any point on a major tread groove for tires on the steering axle of all buses. The measurements shall not be made where tie bars, humps, or fillets are located. 2. Less than 2/32(1/16)of an inch,measured at any point on a major tread groove for all other tires of all buses. The measurements shall not be made where tie bars,humps, or fillets are located. ii. No bus shall be operated with recapped, re-grooved, or retreaded tires on the steering axle. iii. Wheels shall be visibly free from cracks and distortions and shall not have missing, cracked, or broken mounting lugs. o Suspension.The suspension system of all buses, including springs,air bags, and all other suspension parts, shall be free from cracks, leaks, or any other defect which may cause its impairment or failure to function properly. o Steering and Front Axle. The steering system of all buses shall have no indication of leaks which would or may cause its impairment to function properly, and shall be free from cracks and excessive wear of components that may cause excessive free play or loose motion in the steering system or above normal effort in steering control. o Seat Belts. Every bus shall be equipped with an adjustable driver's restraining belt in compliance with the requirements of FMVSS 209, "Seat Belt Assemblies" 49 C.F.R. 571.209-October 1, 2008, and FMVSS 210, "Seat Belt Assembly Anchorages" 49 C. F. R. 571.210 October 1,2008, hereby incorporated by reference. o Safety Equipment.Every bus shall be equipped with one fully charged dry chemical or carbon dioxide fire extinguisher, having at least a 1A:BC rating and bearing the label of Underwriter's Laboratory, Inc. The fire extinguishers shall be maintained as follows: i. Each fire extinguisher shall be securely mounted on the bus in a conspicuous place or a clearly marked compartment and be readily accessible. ii. Each fire extinguisher shall be maintained in efficient operating condition and equipped with some means of determining if it is fully charged. iii. Every Type I bus shall be equipped with portable red reflector warning devices in compliance with Section 316.300,Florida Statutes. o Persons with Disabilities. Buses used for the purpose of transporting individuals with disabilities shall meet the requirements set forth in 49 C.F.R. Part 38,October 1, 2008, hereby incorporated by reference, as well as the following: i. Installation of a wheelchair lift or ramp shall not cause the manufacturer's GVWR, gross axle weight rating, or tire rating to be exceeded. 144 ii. Except in locations within 3 1/2 inches of the bus floor, all readily accessible exposed edges or other hazardous protrusions of parts of wheelchair lift assemblies or ramps that are located in the passenger compartment shall be padded with energy absorbing material to mitigate injury in normal use and in case of a collision. This requirement shall also apply to parts of the bus associated with the operation of the lift or ramp. iii. The controls for operating the lift shall be at a location where the bus driver or lift attendant has a full view, unobstructed by passengers, of the lift platform, its entrance and exit, and the wheelchair passenger, either directly or with partial assistance of mirrors.Lifts located entirely to the rear of the driver's seat shall not be operable from the driver's seat, but shall have an override control at the driver's position that can be activated to prevent the lift from being operated by the other controls (except for emergency manual operation upon power failure). iv. The installation of the wheelchair lift or ramp and its controls and the method of attachment in the bus body or chassis shall not diminish the structural integrity of the bus nor cause a hazardous imbalance of the bus.No part of the assembly, when installed and stowed, shall extend laterally beyond the normal side contour of the bus or vertically beyond the lowest part of the rim of the wheel closest to the lift. v. Each wheelchair lift or ramp assembly shall be legibly and permanently marked by the manufacturer or installer with the following information: 1. The manufacturer's name and address. 2. The month and year of manufacture. 3. A certificate that the wheelchair lift or ramp securement devices,and their installation, conform to State of Florida requirements applicable to accessible buses. o Wheelchairs. Wheelchair lifts, ramps, securement devices, and restraints shall be inspected and maintained as required by this rule chapter. Instructions for normal and emergency operation of the lift or ramp shall be carried or displayed in every bus. 145 Appendix A. Accident/Incident Report Form B. Vehicle Maintenance Plan C. Facilities Maintenance Plan D. Hours Worked Policy E. Pre/Post Trip Forms F. SPP (if being given to applicable personnel) G. SMS Self-Assessment Review 146 SENIOR RESOURCE ASSOCIATION SAFETY MANAGEMENT SYSTEM SELF- INSPECTION Component 1—Safety Policy and Objectives Element 1.1— Management Commitment and Responsibility No. Aspect to be Answer Status of implementation Reference Action analyzed or implementation Target Date Document Required question to be answered 1.1- Is there a safety YES NO 1 policy in place? PARTIALLY Does the safety YES policy reflect NO 1.1- management's 2 commitment of safety PARTIALLY management? Is the safety YES policy NO appropriate to 1.1 the size, nature 3 and complexity PARTIALLY of the organization? Is the safety YES 1.1 policy relevant to NO 4 Transit safety? PARTIALLY Has the safety YES policy been NO 1.1 signed by the 5 accountable PARTIALLY executive? Has the safety YES policy been NO 1.1- communicated, 6 with visible endorsement, PARTIALLY throughout the organization? Is the safety policy YES being periodically NO 1.1- reviewed to ensure that it remains relevant and PARTIALLY appropriate to the organization? 147 No. Aspect to be analyzed Answer Status of implementation Reference Action or question to be implementation Target Date Document Required answered Element 1.2—Safety Accountabilities Has Senior Resource YES Association identified NO an accountable executive, irrespective 1.2- of other functions,who 1 shall have ultimate PARTIALLY responsibility and accountability for the implementation and maintenance of SMS? Does the accountable YES 1.2- executive have full NO 2 control of the financial PARTIALLY and human resources? Does the accountable YES executive have final NO 1.2 authority over all 3 activities of his PARTIALLY organization? Has Senior Resource YES Association identified NO and documented safety PARTIALLY 1.2- accountabilities of NO 4 management as well as PARTIALLY operational personnel, with respect to the SMS? 148 No. Aspect to be analyzed Answer Status of Implementation Reference Action or question to be implementation Target Date Document Required answered 1.3 Appointment of Key Safety Personnel Has Senior Resource YES Association appointed NO 1.3- qualified person to 1 manage and oversee the day-to-day PARTIALLY operations of SMS? Does the qualified YES person have a direct NO access or reporting to 1.3 the accountable 2 PARTIALLY executive concerning the implementation and operation of SMS? Is the SMS manager's YES position as senior NO 1.3- management not lower 3 or subservient to other PARTIALLY operational or production positions? 1.4 Coordination of Emergency Response Planning Does Senior Resource YES 1.4- Association have an NO 1 emergency response/contingency PARTIALLY plan? Does the YES emergency/contingency NO 1.4- plan address all 2 possible or likely emergencies/crisis PARTIALLY scenarios? Does the ERP address YES the necessary NO 1.4- coordination of its 3 emergency response/contingency PARTIALLY procedures? 1.4- Is there a procedure for YES 4 periodic review of the NO ERP to ensure its continuing relevance PARTIALLY and effectiveness? 149 No. Aspect to be analyzed Answer Status of implementation Reference Action or question to be implementation Target Date Document Required answered Element 1.5—SMS Documentation Is there a top-level SMS YES document or exposition NO 1.5 document which is 1 approved by the PARTIALLY accountable manager? Does the SMS YES documentation address NO 1.5- the organization's SMS 2 and its associated components and PARTIALLY elements? Is Senior Resource YES Association SMS NO 1.5 framework in alignment 3 with the regulatory SMS PARTIALLY. framework? Does Senior Resource YES Association maintain a NO record of relevant 1.5- supporting 4 documentation pertinent to the PARTIALLY implementation and operation of SMS? Does Senior Resource YES Association have an NO SMS implementation plan to establish its 1.5- SMS implementation 5 process, including specific tasks and their PARTIALLY relevant implementation milestones? Has the SMS YES 1.5- implementation plan NO 6 been endorsed by the accountable executive? PARTIALLY 150 No. Aspect to be analyzed Answer Status of implementation Reference Action or question to be implementation Target Date Document Required answered Component 2—Safety Risk Management Element 2.1— Hazard Identification Is there a process for YES the reporting of NO 2.1_ voluntary 1 hazards/threats by all PARTIALLY employees? Is the process of YES reporting voluntary NO hazards/threats simple, 2.1- available to all 2 personnel involved in safety-related duties PARTIALLY and commensurate with the size of the service provider? Is the accident/incident YES reporting simple, NO accessible to all 2.1- personnel involved in 3 safety-related duties and commensurate PARTIALLY with the size of the service provider? 2.1- Does Senior Resource YES 4 Association have NO procedures for investigation of all reported PARTIALLY incidents/accidents? 2.1- Are there procedures to YES 5 ensure that NO hazards/threats identified or uncovered during incident/accident investigation processes are appropriately PARTIALLY accounted for and integrated into the organization's hazard collection and risk mitigation procedure? 151 2.1- Are there procedures to YES 6 review hazards/threats NO from relevant industry reports,for follow-up actions or risk PARTIALLY evaluation where applicable? No. Aspect to be analyzed Answer Status of implementation Reference Action or question to be implementation Target Date Document Required answered Component 3—Safety Assurance Element 3.1—Safety Performance Monitoring and Measurement Are there identified YES safety performance NO indicators for 3.1- measuring and 1 monitoring the safety PARTIALLY performance of the organization's activities? Are the safety YES performance indicators NO relevant to the 3.1- organization's safety 2 policy as well as management's high- PARTIALLY level safety objectives/goals? Do the safety YES performance indicators NO include alert/target 3.1- settings to define 3 unacceptable performance regions PARTIALLY and planned improvement goals? Is there a procedure for YES corrective or follow-up NO action to be taken 3.1 when targets are not 4 achieved and alert PARTIALLY levels are exceeded/breached? 152 3.1- 5 Are the safety YES performance indicators NO being periodically reviewed? PARTIALLY Component 4—Safety Promotion Element 4.1—Training and Education Is there a program to YES provide SMS NO 4.1- training/familiarization 1 to personnel involved in PARTIALLY the implementation or operation of the SMS? Has the accountable YES executive undergone NO 4.1 appropriate SMS 2 familiarization, briefing PARTIALLY or training? Is the Senior Resource Association SMS YES manual and related NO 4.1- guidance material 3 accessible or disseminated to all PARTIALLY relevant personnel? APPROVAL BY: Chris Stephenson SIGNATURE OF PERSON PRINTED NAME DATE RESPONSIBLE FOR SAFETY MANAGEMENT SYSTEM Karen Deigl SIGNATURE OF PRINTED NAME DATE ACCOUNTABLE EXECUTIVE 153 SZ INDIAN RIVER COUNTY,FLORIDA INTER-OFFICE MEMORANDUM TO: Jason E.Brown County Administrator THROUGH: Phil Matson,AICP Community Development Director FROM: Andrew Sobczak Chief,Environmental Planning DATE: July 20,2020 RE: Approval of Cost-Share Agreement Renewal with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of August 18,2020. DESCRIPTION AND CONDITIONS From 1990 through 2009, Indian River County participated in a cost-share program with the St. Johns River Water Management District (SJRWMD) to plug abandoned artesian wells countywide, including wells on private property (subject to authorization from the private landowner). As a result of the program, an estimated 395 wells were plugged or repaired in Indian River County, saving millions of gallons per day of groundwater. The program was discontinued from fiscal years 2009/10 through 2014/15, however, due to a lack of funding as a result of the economic downturn at that time. In June 2015, the Board approved an agreement with SJRWMD that reactivated the program, at the previous funding level of(up to) $20,000 per agency per year. Since reactivation of the program in 2015,twenty- seven flow wells have been plugged. • The 2017 agreement is now up for renewal. As such, the proposed three-year cost-share agreement renewal with the SJRWMD for controlling/plugging abandoned artesian wells is being provided for the Board's approval consideration. ANALYSIS The proposed contract agreement extends the well-plugging cost-share agreement for three fiscal years, until September 30, 2023, with each agency (the County and SJRWMD) allocating $20,000 toward the program each year contingent upon annual budget allocations. Similar to past agreements,the agreement outlines responsibilities of the County and the District. The list of responsibilities reflects the process that evolved during the years that the cost-share program was in effect. The agreement identifies environmental planning chief Andrew.Sobczak as the County's project manager,responsible for coordinating the County's participation in the program. 154 Public Benefits Abandoned flow-wells result in the unnecessary consumption of groundwater. Moreover, artesian flow wells tend to have high chloride levels. The high chloride levels, in turn, lower water quality in the surficial aquifer, which is the principal water source for private potable wells. Renewal of the attached agreement will continue an important and successful water quality and water supply protection program. In addition, the agreement renewal will fulfill Comprehensive Plan Natural Groundwater Aquifer Recharge Policy 3.5,which calls for renewal of the program contingent on funding availability. Eligible wells County Code Section 931.09 requires developers to plug abandoned artesian flow wells on development project properties in conjunction with county site plan and subdivision approval. Flow wells on such properties are not eligible for funding under the County/SJRWMD cost-share program. Rather, the cost- share program targets other wells (not on development project sites) to provide public funding for landowners that may need financial assistance to carry out a proper well abandonment, which can cost hundreds or thousands of dollars,depending on the characteristics of the particular well. FUNDING For FY 2020/21, funding for the well-plugging program has been allocated in Planning/Code Enforcement Budget Account # 00420724-033190, under "Professional Services." Continuation of that annual budget allocation will fund the program in future years, contingent on funding availability. Section 4 of the proposed agreement("Funding Contingency") specifies that the District and the County intend to fulfill their 3 year obligations but that funding each year is subject to budgetary approval of the parties. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the proposed countywide abandoned flow well plugging cost-share agreement renewal with the SJRWMD, and authorize the Board Chairman to execute the agreement. ATTACHMENT 1. County grant information form. 2. Proposed cost-share agreement. F:\Community Development\WELL PLUGGING\BCC Staff Report 081820.doc 155 GRANT NAME: IRC/SJRWMD Countywide Well-Plugging Cost-Share Agreement GRANT# Contract#35837 AMOUNT OF GRANT: $20,000 DEPARTMENT RECEIVING GRANT: Community Development CONTACT PERSON: Andrew Sobczak TELEPHONE: ext. 1258 1. How long is the grant for?Three years(to September 30,2022) Starting Date: October 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? x Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4: Percentage of match to grant 50% 5. Grant match amount required $'OPO 6. Where are the matching funds coming from? Plannina/Code Enforcement Budget Account#00420724-033190.under"Professional Services"(FY 2020/21.2021/2022, 2022/2023). 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no,how much do you think will be needed in capital costs or start-up costs: N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? ,tFnpnn Grant Amount Other Match Costs Not Covered Match Total First Year $20,000 $ $20,000 $40,000 Second Year $20,000 $ $20,000 $40,000 Third Year $20,000 $ $20,000 $40,000 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 156 COST SHARING AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS This Cost-Sharing Agreement is entered into between the GOVERNING BOARD of the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT(the"District"),whose address is 4049 Reid Street,Palatka, Florida 32177,and INDIAN RIVER COUNTY("County"),whose address is 1801 27th Street,Vero Beach, Florida 32960. WHEREAS,the District is a special taxing district created by the Florida Legislature and given those powers and responsibilities enumerated in chapter 373,Fla. Stat.,whose geographical boundaries encompass Indian River County; and WHEREAS,pursuant to §373.207(1),Fla. Stat.,the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells,and to ensure that each well is properly controlled; and WHEREAS,the District has established a cooperative program,known as the Abandoned Artesian Well Plugging Cost Share Program(the"Program"),for the purpose of locating and plugging abandoned artesian wells,and WHEREAS,the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County,Florida; and WHEREAS,the District has determined that its needs will be best served by entering into a cooperative, cost-sharing agreement with the County for the purposes stated herein. The District agrees to furnish and deliver all materials and perform all labor required for controlling abandoned artesian wells (the"Work").The District shall complete the Work in conformity with this Agreement,which includes the Statement of Work(Attachment A). If any provision in the body of this Agreement conflicts with any attachment hereto,the body of this Agreement shall prevail.The parties hereby agree to the following terms and conditions. 1. TERM.The term of this Agreement shall be from the Effective Date to the Completion Date.Time is of the essence for each and every aspect of this Agreement.Where additional time is allowed to complete the Work,the new time limit shall also be of the essence. All provisions of this Agreement that by their nature extend beyond the Completion Date shall survive termination or expiration of this Agreement. (a) Effective Date.The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same. (b) Completion Date.The Completion Date of this Agreement shall be no later than September 30, 2022 unless extended by mutual written agreement of the parties.All Work under this Agreement shall be completed for use no later than the Completion Date. 2. DELIVERABLES.The Work is specified in the Statement of Work,Attachment A.The District shall deliver all products and deliverables as stated therein.The District is responsible for the professional quality,technical accuracy,and timely completion of the Work. 157 3. FUNDING OF AGREEMENT.The District and County agree to pay 50%of the costs of controlling abandoned artesian wells in the Indian River County,up to$60,000.00 each over the entire term of this Agreement,equally divided between the following fiscal year periods: Fiscal Year: October 1,2020—September 30,2021 Amount. $ $20,000.00 Fiscal Year: October 1,2021 —September 30,2022 Amount. $ $20,000.00 Fiscal Year: October 1,2022—September 30,2023 Amount. $ $20,000.00 Funding for each applicable fiscal year of this Agreement is subject to District Governing Board budgetary appropriation. 4. FUNDING CONTINGENCY (a) This Agreement is contingent upon funding availability,which may include a single source or multiple sources,including,but not limited to: (1)ad valorem tax revenues appropriated by the District's Governing Board;.(2)annual appropriations by the Florida Legislature,or (3)appropriations from other agencies or funding sources.Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Work not be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal Years,the District shall so notify Agency and this Agreement shall be deemed terminated for convenience five days after receipt of such notice,or within such additional time as the District may allow. For the purpose of this Agreement,"Fiscal Year"is defined as the period beginning on October 1 and ending on n September 30. (b) The District and the County each intend to fulfill their obligations as stated in this Agreement,but they cannot make commitments in excess of appropriated funds authorized by law and made administratively available.If either party cannot fulfill its obligations due to funding,this Agreement may be terminated at the election of either party. 5. PAYMENT OF INVOICES.The District shall invoice the County quarterly(on December 31,March 31,June 30,and September 30 of each year)for payment of 50%of the amount expended for the controlling of abandoned wells during that quarter. 6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party,its officers,employees and agents.Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28,Fla. Stat.,as amended.Each party shall acquire and maintain throughout the term of this agreement such liability,workers' compensation,and automobile insurance as required by their current rules and regulations. 7. PROJECT MANAGEMENT (a) The project managers listed below shall be responsible for overall coordination,and management of the Work. Either party may change its Project Manager upon three business days' prior written notice to the other party.Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1)hand delivery; (2)U.S.certified mail; (3)national overnight courier; or(4)email.Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier are deemed delivered one business day after having been deposited with the courier.Notices via e-mail are deemed delivered on the date transmitted and received. 158 DISTRICT COUNTY Gary Foster,Project Manager Andrew Sobczak,Project Manager St. Johns River Water Management District Indian River County 4049 Reid Street 1801 27TH STREET Palatka,Florida 32177-2571 VERO BEACH,FL 32960 Phone: 386-329-4421 Phone: (772)226-1258 Email: Gfoster@sjrwmd.com Email: asobczak@ircgov.com (b) The District's Project Manager shall have sole and complete responsibility for transmitting instructions,receiving information,and communicating District policies and decisions regarding all matters pertinent to performance of the Work. 8. AMENDMENTS.The parties may not amend this Agreement except in writing.Modifications that alter,add to,or deduct from the Work, or otherwise modify the terms of this Agreement,shall be implemented through a formal amendment. The District's Project Manager may also issue a District Supplemental Instruction(DSI) form(Attachment C)to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI.A DSI may not be used to change the Total Compensation,quantity,quality or the Completion Date of the Work,or to change or 'modify the Agreement. 9. TERMINATION (a) Termination for Default.If either party materially fails to fulfill its obligations under this Agreement,the terminating party shall provide the non-terminating party written notice of the deficiency by forwarding a Notice to Cure,citing the specific nature of the breach.The non- terminating party shall have 30 days to cure the breach. If the non-terminating party fails to cure the breach within the 30-day period,the terminating party may issue a Termination for Default Notice and this Agreement shall be terminated upon receipt or said notice. (b) Termination for Convenience.Either party may terminate this Agreement at any time for convenience upon 45 days'prior written notice to the non-terminating party.Upon District receipt of notice of termination,it shall place no further orders for materials,equipment,services,or facilities, for which reimbursement would otherwise be sought.The District shall also make every reasonable effort to cancel,upon terms satisfactory to the District,all orders or subcontracts related to the Work for which Contract 35837 compensation would otherwise be sought. In the event of such termination,the District shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. 10. ASSIGNMENT AND SUBCONTRACTS.The District shall not sublet,assign,or transfer any Work involving more than twenty percent(20%)of the total cost of the Work without County's prior written consent.Neither County approval of a subcontractor nor any other provision of this Agreement creates a contractual relationship between any subcontractor and County.The District is responsible for fulfilling all work elements in any subcontracts and payment of all monies due. 11. AUDIT; ACCESS TO RECORDS.the District and County must preserve its books and other records involving transactions related to this Agreement and provide each other,or its duly authorized representatives,access and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed,the parties must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved.The parties shall refund any payment(s)that are found to not constitute allowable costs based upon an audit examination. 159 12. CIVIL RIGHTS.Pursuant to chapter 760,Fla. Stat.,the parties shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin,age, handicap,or marital status. 13. COOPERATION WITH THE INSPECTOR GENERAL,PURSUANT TO§20.055(5)FLA.STAT. County and any subcontractors understand and will comply with their duty,pursuant to §20.055(5),Fla. Stat.,to cooperate with the inspector general in any investigation,audit,inspection,review,or hearing. 14. GOVERNING LAW,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY TRIAL.This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. In the event of any legal proceedings arising from or related to this Agreement: (1)each party shall bear its own attorney's fees,including appeals;and(2)for civil proceedings,the parties hereby consent to trial by the court and waive the right to jury trail. 15. VENUE.In the event of any legal proceedings arising from or related to this Agreement,venue for such proceedings shall be in Orange County,Florida. 16. NON-LOBBYING.Pursuant to §216.347,Fla. Stat.,as amended,the County hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. 17. PUBLIC RECORDS.Records of County that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119,Fla. Stat.If County receives a public records request,County shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents,papers,letters,or other materials related hereto and subject to the provisions of chapter 119,Fla. Stat.,as amended. 160 IN WITNESS WHEREOF,the parties have signed on the day and year written below each of their names. This Agreement may be executed in separate counterparts,which shall not affect its validity.This Agreement constitutes the entire agreement of the parties,notwithstanding any stipulations,representations,agreements, or promises,oral or otherwise,not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST.JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT By: By: Ann B.Shortelle,Ph.D.,Executive Director or Designee Typed Name Date: Date: Attest: Typed Name Documents attached: Attachment A—Statement of Work Attachment B—Well Investigation Form Attachment C—District Supplemental Instructions 161 ATTCHMENT A—STATEMENT OF WORK The purpose of this Agreement is for controlling abandoned artesian wells in Indian River County,Florida, utilizing the services of a Florida-licensed water well contractor.The District and the County each agree to perform the work as specified. Shouldany change in this work be necessary,the District and the County shall execute an amendment to the Agreement,specifying the change in work,and if applicable,establishing any changes to the funding amount. 18. Responsibilities of the County: (a) The County shall obligate funding for 50%of the costs of controlling abandoned artesian wells in Indian River County up to the amount of$20,000 for each fiscal year. (b) The County shall submit to the District written assurance of availability of funds for each fiscal year on or before September 30. (c) The County shall pay the District up to$20,000 each fiscal year for the services of a water well contractor and the materials necessary for controlling abandoned artesian wells in Indian River County,Florida. (d) In the event well abandonment opportunities become available,the cost of which exceeds the funding amount for the current fiscal year,the County agrees to seek additional funds for funding 50%of these costs. (e) The County shall be responsible for locating wells that are to be controlled,and shall complete a Well Investigation Form(Attachment B)for each well and submit the form to the District. (f) The County shall be responsible for obtaining written consent of well owners,authorizing their wells to be plugged by the District. (g) The County shall provide local contact with the public regarding the identification of new wells for the District's inventory. (h) The County shall provide local coordination of the Program. 19. Responsibilities of the District: (a) The District shall administer the provisions of this Agreement. (b) The District shall obligate funding for 50%of the costs of controlling abandoned artesian wells up to the amount of$20,000 for each fiscal year. (c) The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. (d) In the event well abandonment opportunities become available,the cost of which exceeds the funding amount for the current fiscal year,the District agrees to seek additional funds for funding 50%of these costs. (e) The District shall maintain the services of a qualified water well contractor for the duration of this Agreement. (f) The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. 162 GENERAL PURPOSE WELL INVESTIGATION FORM Reported By: Phone: Well Owner Name&Address: Phone: Well Location: GPS Position: (Latitude) (Longitude) Date of Inspection: Observed By: Well Diameter: Well Depth: Well Status: (Check All That Apply) Accessible By: Well Head: Condition: Action: ❑ Foot ❑ Visible ❑ Capped ❑ Left as Found ❑ Vehicle ❑ Buried ❑ Valved ❑ Temp Plug ❑ Boat only ❑ Discharge visible only ❑ Leaking ❑ Temp Repair ❑Not accessible ❑ Under power lines ❑ Flowing ❑ Flagged or staked ❑Unable to locate ❑ Other Flow upon arrival gpm Flow wide open gpm Flow as left gpm Comments: Attach photos version I.7 2/11/16 163 PROPERTY LOCATION MAP (from major intersection&to include mileage,may attach printed map) 14 SITE SKETCH (from edge of landmark to well&to include approximate feet) version 1.7 2111!16 164 ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: Gary Foster,Project Manager CONTRACT NUMBER: 305 84 CONTRACT TITLE: Revenue-Cost Share Agreement for Controlling Abandoned Artesian Wells The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time.Prior to proceeding in accordance with these instructions,indicate your acceptance of these instructions for minor adjustments to the work as consistent with the Co r X10 ocuments and return to the Di ct's Project Manager. 1. CONTRACTOR'S ' '� 1j /4J7 � •r.: D IV 2. DESCRIPTION OF WORK TO BE CHANGE II • DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: Gary Foster,District Project Manager Acknowledged: Date: Tina Spurlock,District Procurement Specialist c: Contract file Financial Services 165 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phil Matson,AICP; Community Development Director FROM: Scott McAdam, Building Official DATE: July 16, 2020 SUBJECT: Request to Waive Bid Process for Supplemental Building Inspection Services for Fiscal Year 2020/2021 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18,2020. DESCRIPTION & CONDITIONS For the past number of years, the County has relied on supplemental building inspection services to handle increased inspection loads even as the County continues to seek hiring additional inspectors. The County does not have existing bid awards with any such companies,and therefore is limited to authorizations of$75,000 per company unless the Board waives the bid process. Since November 2016, the Board waived the bid process for each fiscal year 2016/2017, 2017/2018, 2018/2019,and 2019/2020. Because authorizations per company will exceed the$75,000 limit of the County Administrator's approval authority during the 2020/2021 fiscal year, staff is seeking Board approval to waive the bid process for qualified supplemental building inspection service providers for fiscal year 2020/2021. ANALYSIS The Building Division continues to experience high levels of permit and inspection activity. This increased demand and the desired level of customer service have created increased inspections which are unable to be met by current staffing. The County has advertised and diligently searched for additional inspectors for the past 36 months, with some success, although a full team of inspectors has not yet been filled. Staff has confirmed that many Florida counties are still in the same difficult hiring situation and some jurisdictions have significant unfilled position vacancies. In fact,supplemental providers are also having difficulty fulfilling demand and it is in the County's interest to have a pool of supplemental providers to use. Staff is currently working on increasing the pool of supplemental providers. It is anticipated that the County will need to continue relying on supplemental inspection services during the upcoming fiscal year. Accordingly, the County is proposing to budget $850,000 for such services for fiscal year 2020/2021. Attached is a list of supplemental inspection services expenditures over the last 3 fiscal years (2017/2018—2019/2020). 166 Per the Board's prior authorization, the County uses the services of GFA International, Calvin, Giordano & Associates, Joe Payne, Inc. The County also uses the services of MT Causley via a purchase order based on an agreement executed by the Building Division dated March 13, 2014. The agreement was extended by the County (ratified by the Board)through September 30, 2020. A new agreement, with no price increase, for 2020-2021 is attached and needs to be approved by the Board. Staff is requesting the Board waive the requirement for bids for fiscal year 2020/2021 for MT Causley, GFA International, Calvin, Giordano & Associates, Joe Payne, Inc and other qualified supplemental providers as needed. In addition, staff needs the Board to authorize the Purchasing Manager, after approval by the Budget Office,to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. RECOMMENDATION Staff recommends that the Board waive the requirement for bids for supplemental building inspection services for the 2020/2021 fiscal year with existing and additional qualified providers; approve the 2020-2021 agreement and amendments with MT Causley; and authorize the Purchasing Manager,after approval by the Budget Office,to approve purchase orders and Change Orders for authorized firms up to the available budgeted amount. ATTACHMENT 1. MT Causley 2020-2021 Agreement 2. Supplemental Inspection Services Summary 167 AMENDMENT ONE SUPPLEMENTAL BUILDING DEPARTMENT SERVICES AGREEMENT BETWEEN INDIAN RIVER COUNTY AND M.T.CAUSLEY, LLC—A SAFEBUILT COMPANY Amendment to the Supplemental Building Department Services Agreement effective September 2, 2017 between Indian River County(hereinafter referred to as"County")and M.T.CAUSLEY,LLC—A SAFEbuilt Company hereinafter referred to as"Consultant". The County and the Consultant shall be jointly referred to as the"Parties". Amendment Effective Date:This Amendment shall be effective on the latest date fully executed by both Parties. RECITALS AND REPRESENTATIONS The County and Consultant entered into an Agreement for Supplemental Building Department Services (Agreement), by which both Parties established the terms and conditions for service delivery for the period of September 2,2017 through September 1,2018;and On August 14, 2018, Municipality and Consultant instituted Renewal for Contract Services to extend the term of the Agreement through September 1, 2020;and Parties hereto now desire to amend the Agreement as set forth herein;and NOW,THEREFORE Agreement is hereby amended as set forth below: 1. Section Term is here amended to include: The term of the contract will be for one year,with a two-year renewal option to include a cost of living increase. Agreement may be renewed for additional twelve(12) month terms unless prior notification is delivered to either Party thirty(30)days in advance of the renewal date of this Agreement. In the absence of written documentation,this Agreement will continue in force until such time as either Party notifies the other of their desire to terminate this Agreement. 2. Following Section is hereby incorporated and made part of the Agreement: TERMINATION IN REGARDS TO F.S.287.135:CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,created pursuant to s.215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition,if this agreement is for goods or services of one million dollars or more,CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Indian River County—Renewal 2020 1 I Page OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,as defined bysection 287.135, Florida Statutes. p Y OWNER may terminate this Contract if CONTRACTOR,including all wholly owned subsidiaries,majority-owned subsidiaries,and parent companies that exist for the purpose of making profit,is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725,Florida Statutes. 3. The term of the Agreement is renewed,effective September 2,2020 and will remain effective until September 30,2021. 4. Services will be compensated based on Consultant's Fee Schedule—Exhibit A. 5. Consultant reserves the right to increase the hourly rates after one year of the renewal date based on the Consumer Price Index, but no more than 5%. Hourly rates shall not decrease for the term of the renewal. The original Agreement, Exhibits and terms shall remain in effect,to the extent not modified by previous or this Amendment. IN WITNESS HEREOF,the undersigned have caused this Amendment to be executed in their respective names on the dates hereinafter enumerated. ATTEST: INDIAN RIVER COUNTY, FLORIDA By: Signature: County Clerk Name:Susan Adams, Chairman Board of County Commissioners Date: Date: M.T.CAUSLEY,LLC—A SAFEbuilt Company WITNESS B. Mi "r —. ausley, President Date: July 21, 2020 Date: July 21, 2020 Indian River County—Renewal 2020 2 I Page 69 Fee Schedule for Services Exhibit A SERVICE STANDARD HOURLY RATE* Plan Examiners(on an as-needed,on-call basis,excluding natural disaster events) $88.00 per hour Inspectors(on an as-needed,on-call basis,excluding natural disaster events) $88.00 per hour Architect and Engineer Services $150.00 per hour Permit Clerks $43.00 per hour Additional Plan Examiners and Inspectors required to $90.00 per hour plus expenses i.e, lodging,travel,and provide conduct damage assessment services meals *Services requested for Saturdays and beyond business hours, Monday through Friday will be invoiced at one and half(1.5)times the standard hourly rate,with a four(4)hour minimum Services requested for US Federal Recognized Holidays and Sundays will be provided a two(2)times the standard hourly rate,with a four(4)hour minimum Consultant reserves the right to negotiate lodging expenses with the County in the event staff is required to relocate. Travel time will be invoiced to the County for all staff traveling more than one(1) hour each way. Indian River County—Renewal 2020 3 1 Page � Supplemental Inspection Services Contractor FY 2017/2018 FY 2018/2019 FY 2019/2020* GFA International Inc. $ 195,520.50 $ 125,945.62 $ 96,243.75 Calvin Giordano &Assoc Inc. $ 82,518.75 $ 204,187.50 $ 235,238.76 Joe Payne Inc. $ 4,711.68 $ 110,263.92 $ 114,001.68 MT Causley Inc. $ 330,887.25 $ 310,112.00 $ 197,120.00 Universal Engineering Sciences $ 63,715.00 $ 613,638.18 $ 814,224.04 $ 642,604.19 *YTD payments 171 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phillip J. Matson,AICP Community Development Director FROM: Bill Schutt, AICP Chief, Long Range Planning DATE: August 3, 2020 SUBJECT: Consideration of the Indian River County SHIP Program 2020 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan,Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP)Program funds. The purpose of the SHIP program is to provide affordable housing for income qualified households. As structured,the county's SHIP Program provides low interest,deferred payment,and subordinated loans to eligible extremely low income, very low income, low income, and moderate-income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages,while SHIP loans are generally structured as soft second mortgages. Since SHIP is a state funded program,the SHIP program fiscal year(FY)is concurrent with the state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period,the county often has two or more years of SHIP funding active. 172 For example,in the past year the county has expended funds from the following SHIP program fiscal years: FY 17/18,FY 18/19, and FY 19/20. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment#1 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements,the county must submit an annual report for the closeout fiscal year(FY17/18)showing that all allocated SHIP funds were expended for that FY. That report must also include interim year data for interim year 1 and 2(FY 18/19&FY 19/20). A certification form for the report must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years,closeout reports were previously submitted to and approved by the state. Attachment#2 to this staff report is the county's SHIP Program FY 2017-2018 annual closeout report with interim year data for FY 2018-2019 and FY 2019-2020. The FY 2017-2018 final closeout annual report must be submitted to the state by September 15,2020. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the SHIP requirements are the following: • At least 30%of funds must be utilized by very low income(VLI) households • At least 30%of funds must be utilized by low income (LI)households • At least 65%of funds must be utilized for homeownership • At least 75%of funds must be utilized for construction, rehabilitation or emergency repair • At least 20%of funds must be utilized for disabled applicants or household members • Not more than 10%of funds may be utilized for administration costs In administering the SHIP program,the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. A copy of the attached annual report has been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also,a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual report,and to obtain Board authorization for the Chairman to sign the Certification Form for the attached SHIP annual report(see attachment#3). FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. 173 ALTERNATIVES The Board of CountyCommissioners has two alternatives with respect to the attached SHIP Annual Report. Those are: 1.. Approve the attached SHIP Annual Report and authorize the Chairman to sign the attached Certification Form, allowing staff to submit the report to the Florida Housing Finance Corporation. 2. Reject the attached SHIP Annual Report. Choosing the second alternative,however,would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. approve the attached SHIP 2020 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Closeout Report for FY 2017-2018 with Interim Year 1 FY 2018-2019 Data, and Interim Year 2 FY 2019-2020 Data 3. SHIP Annual Report Certification Form f:\community development\ship\annual reports\2020ar\bcc staff report irc ship 2020 annual report.doc 174 N ' c N e° e 0 e e° e e e e 0 s e e e e e v e v e e° e e 0 e e e e e e aMO ONE O O n r N 7 N N N a- W N VI N O W N . 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ONE 0 OOff OOf OW) OOff OOff N O a,- O O O O O O O O O N t`l N t0 n m eT F 0 aJ 00000000000000000000000000 0 o O N N N N N N N N N N N N N N N N N N N N F A Title: SHIP Annual Report Report Status: Unsubmitted Indian River County FY 2017/2018 Closeout Form 1 176 SHIP Distribution Summary Homeownership Expended Encumbered Unencumbered Code Strategy Amount Units Amount Units Amount Units 2 Purchase Assistance $275,000.00 19 without Rehab 3 Owner Occupied $535,416.28 15 Rehabilitation Loans 6 Emergency Repair Loans $3,682.95 1 8 Impact Fee / Capacity $73,350.00 Charge Loans Homeownership Totals: $887,449.23 35 Rentals Expended Encumbered Unencumbered Code Strategy Amount Units Amount Units Amount Units Rental Totals: Subtotals: $887,449.23 35 Additional Use of Funds Use Expended Administrative $65,787.50 Homeownership Counseling $.00 Admin From Program Income $15,279.39 Admin From Disaster Funds $.00 [Totals: $968,516.12 35 $.00 $.00 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $657,875.00 Program Income (Interest) $6,616.93 Program Income (Payments) $298,971.01 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year $5,065.10 *Carry Forward to Next Year: $11.92 Total: $968,528.04 NOTE:This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 177 Form 2 Rental Unit Information Description Eff. 1 Bed 2 Bed 3 Bed 4 Bed ELI 340 375 519 681 843 VLI 566 606 727 840 937 LOW 905 970 1,163 1,344 1,500 MOD 1,359 1,455 1,746 2,016 2,250 Up to 140% 1,585 1,697 2,037 2,352 2,625 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds Produced Amount of Funds Expended to through June 30th for Units Date %of Total Value SHIP Funds Expended $887,449.23 26.52% Public Moneys Expended $.00 .00% Private Funds Expended $2,458,467.00 73.48% Owner Contribution $.00 .00% Total Value of All Units $3,345,916.23 100.00% SHIP Program Compliance Summary- Home Ownership/Construction/Rehab FL Statute Compliance Category SHIP Funds Trust Funds %of Trust Fund Minimum% Homeownership $887,449.23 $662,940.10 133.87% 65% Construction/Rehabilitation $887,449.23 $662,940.10 133.87% 75% Program Compliance - Income Set-Asides Income Category SHIP Funds Total Expended Available Funds%* Extremely Low $205,509.71 21.22% Very Low $207,656.90 21.44% Low $362,546.92 37.43% Moderate $111,735.70 11.54% Over 120%-140% .00% Totals: $887,449.23 91.63% Project Funding for Expended Funds Only 178 1 Income Category Total Funds Mortgages, Total Funds SHIP Total SHIP Total# Mortgages, Loans& SHIP Grants Grant Funds Units Loans& DPL's DPL Unit#s Unit#s Expended Extremely Low $205,509.71 8 0 $205,509.71 8 Very Low $207,656.90 8 0 $207,656.90 8 Low $362,546.92 13 0 $362,546.92 13 Moderate $111,735.70 6 0 $111,735.70 6 Over 120%-140% 0 0 $.00 0 Totals: $887,449.23 35 $.00 0 $887,449.23 35 Form 3 Number of Households/Units Produced List Unincorporated and Each Over Strategy Municipality ELI VLI Low Mod 140% Total Purchase Assistance Unincorporated 4 8 6 18 without Rehab Owner Occupied Unincorporated 8 3 4 15 Rehabilitation Loans Purchase Assistance FELLSMERE 1 1 without Rehab Emergency Repair Unincorporated 1 1 Loans Totals: 8 8 13 6 35 Characteristics/Age (Head of Household) List Unincorporated and Each Description Municipality 0-25 26-40 41 -61 62+ Total Purchase Assistance Unincorporated 1 15 2 18 without Rehab Owner Occupied Unincorporated 2 9 4 15 Rehabilitation Loans Purchase Assistance FELLSMERE 1 1 without Rehab Emergency Repair Unincorporated 1 1 Loans Totals: 1 17 13 4 35 Family Size List Unincorporated and Each 1 2-4 5+ Description Municipality Person People People Total Purchase Assistance Unincorporated 1 12 5 18 without Rehab Owner Occupied Unincorporated 6 9 15 Rehabilitation Loans - 179 Purchase Assistance FELLSMERE 1 1 without Rehab Emergency Repair Unincorporated 1 _ 1 Loans Totals: 7 22 6 35 Race (Head of Household) List Unincorporated and Each Hisp- Amer • - Description Municipality White Black anic Asian Indian Other Total Purchase Assistance Unincorporated 8 7 3 18 without Rehab • Owner Occupied Unincorporated 4 7 4 15 Rehabilitation Loans Purchase Assistance FELLSMERE • 1 1 without Rehab Emergency Repair Unincorporated 1 1 Loans Totals: 12 15 8 35 Demographics (Any Member of Household) List Unincorporated and Each Farm Home- Description Municipality Worker less Elderly Total Purchase Assistance Unincorporated 0 without Rehab Owner Occupied Unincorporated 5 5 Rehabilitation Loans Purchase Assistance FELLSMERE 0 without Rehab _ Emergency Repair Unincorporated 0 Loans Totals: 5 5 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside Special Target Total#of Description Group Expended Funds Expended Units Form 4 Status of Incentive Strategies Incentive Description (If Other) Category Status Year Adopted (or N/A) Expedited permitting Expedited Permitting- Required Implemented, 1994 Housing Element Policy 1.5 in LHAP and 1.6. Ongoing review process Ongoing Review-Housing Required Implemented, 1994 Element Policy 1.7 in LHAP 180 Flexible densities 20%Density Bonus- Required Implemented, 1998 Housing Element Policy 2.5 in LHAP • Allowance of flexible lot Small Lot Subdivision Required Implemented, 1992 sizes Regulations in LHAP Allowance of accessory Accessory Dwelling Unit Required Implemented, 1992 dwelling units Regulations in LHAP Other Allowing Multi-Family in Required Implemented, 1995 Conjunction with in LHAP Commercial Printed inventory of public Inventory of Surplus Land - Required Implemented, 1998 owned lands Housing Element Policy 2.4 in LHAP Impact fee modifications Financing Impact Fees- Required Implemented, 1992 Housing Element Policy 4.3 in LHAP • and 4.4 Other Expedited Permitting for Required Implemented, 2010 Housing Using New in LHAP Construction Tech. - Housing Element.Policy 1.8 Support of development Development Near . Required Implemented, 2010 near Transportation in LHAP transportation/employment Hubs/Employment- hubs Housing Element Policy 1.9 Other Assistance to Non-Profits Required Implemented, 2010 for Establishing CLTs- in LHAP Housing Element Policy 4.10 Other Assistance to Non-Profits Required Implemented, 2010 for Establishing CDCs- in LHAP Housing Element Policy 4.11 Other Assistance to Employers Required Implemented, 2010 for Employer Assisted in LHAP Housing -Housing Element Policy 4.12 Other Establishing Private/Public Required Implemented, 2010 Housing Trust fund - in LHAP Housing Element Policy 4.13 Other Regulations Allowing Zero Required Implemented, 2012 Lot Line Subdivisions in LHAP Other Establishment of LHAP- Required Implemented, 1992 Housing Element Policies in LHAP 2.7,3.6,4.4, 4.6, 4.7, 4.9, and 9.1 Support Services 0 181 The county, in conunction with financial institutions, conducts a homebuyers education workshop program for all applicants who request purchase assistance. The county holds Indian River County SHIP Affordable Housing Partnership meetings with local lenders and real estate professionals to provide updates on office policy changes to the SHIP program and invite them to join the SHIP program. SHIP staff work closely with Habitat for Humanity staff to provide loan assistance to qualified loan applications in Indian River County. The Indian River County Council on Aging provides various services to elderly and handicapped individuals including housing assistance. The Housing Authority and Economic Opportunity Council provides housing assistance to qualified households. County staff provide one-on-one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages and providing other assistance as needed. County SHIP staff, in conjunction with local financial institutions, non-profit organizations and others, conducts information workshops in the Gifford and Wabasso area of the county which have a high percentage of minorities and low income household. Other Accomplishments At the end of June 2018, the Indian River County LHA Program approved 35 loans with FY 2017/2018 funding. LHA Program staff held several public meetings, placed newspaper advertisements and announcements. Because of these efforts, the LHA Program is well known to the public, and there are many more eligible applications than the county can assist with available SHIP funds. Availability for Public Inspection and Comments Annual reports provided to the public through Affordable Housing Advisory Committee(AHAC), Affordable Housing Partnership Group, county planning division, municipalities within the county, and the county website. Life-to-Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 817 Mortgage Foreclosures A. Very low income households in foreclosure: 35 B. Low income households in foreclosure: 45 C. Moderate households in foreclosure: 13 Foreclosed Loans Life-to-date: 93 SHIP Program Foreclosure Percentage Rate Life to Date: 11.38 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life-to-date: 0 SHIP Program.Default Percentage Rate Life to Date: 0.00 182 Strategies and Production Costs Strategy Average Cost Emergency Repair Loans $3,682.95 Impact Fee/Capacity Charge Loans $7,335.00 Owner Occupied Rehabilitation Loans $22,309.01 • Purchase Assistance without Rehab $14,473.68 Expended Funds Total Unit Count: 35 Total Expended Amount: $887,449.00 Strategy Full Name Address City Zip Expended FY if Unit Code Funds Already Counted Purchase ROBERTO& 2066 WATERSIDE VERO BEACH 32962 $10,000.00 Assistance without RUBBY LN SW Rehab ACOSTA Impact Fee/ ROBERTO& 2066 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge RUBBY LN SW Loans ACOSTA Purchase MELISSA SUE 2100 WATERSIDE VERO BEACH 32962 $10,000.00 Assistance without ARDUINI WAY SW Rehab Impact Fee/ MELISSA SUE 2100 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge ARDUINI WAY SW Loans Purchase LAKEYDRA 2070 WATERSIDE VERO BEACH 32962 $20,000.00 Assistance without MASHAY WAY SW Rehab BELL Impact Fee/ LAKEYDRA 2070 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge MASHAY WAY SW Loans BELL Owner Occupied ROSA PILAR 43 VISTA VERO BEACH 32962 $31,647.50 Rehabilitation BURGA GARDENS TR#205 Loans Owner Occupied JUDE 4205 39TH DR VERO BEACH 32967 $29,830.00 Rehabilitation CAROLE Loans Purchase KIMBERLY 2039 WATERSIDE VERO BEACH 32962 $20,000.00 Assistance without ANN CARTER LN SW Rehab Impact Fee/ KIMBERLY 2039 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge ANN CARTER LN SW Loans Purchase PAUL JASON 1908 1ST PL SW VERO BEACH 32962 $15,000.00 Assistance without DIGGS Rehab Owner Occupied PAUL JASON 1908 1ST PL SW VERO BEACH 32962 $9,890.65 2017-2018 Rehabilitation DIGGS Loans 183 Owner Occupied KAYLA C 4150 46TH PL VERO BEACH 32967 $14,453.95 Rehabilitation DRISDOM Loans Owner Occupied MYRA 3000 49TH ST VERO BEACH 32967 $39,860.50 Rehabilitation FERGUSON Loans Purchase REBECCA 2080 WATERSIDE VERO BEACH 32962 $15,000.00 Assistance without GEDEON LN SW Rehab Impact Fee/ REBECCA 2080 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge GEDEON LN SW Loans Owner Occupied ELIZAYNE 523 20TH ST SW VERO BEACH 32962 $14,694.00 Rehabilitation ALMANZA Loans GUTIERREZ Purchase ELVONY& 3445 1ST PL VERO BEACH 32968 $15,000.00 Assistance without WHITE, Rehab BRIAN HAYNES Owner Occupied ELVONY& 3445 1ST PL VERO BEACH 32968 $7,947.00 2017-2018 Rehabilitation WHITE, Loans BRIAN HAYNES Purchase PEDRO& 10059 GRACE AVE FELLSMERE 32948 $15,000.00 Assistance without ROJAS, Rehab MANUELA HERNANDEZ Impact Fee/ PEDRO& 10059 GRACE AVE FELLSMERE 32948 $6,833.00 2017-2018 Capacity Charge ROJAS, Loans MANUELA HERNANDEZ Owner Occupied THEDA A 1166 15TH AVE SW VERO BEACH 32962 $6,950.96 Rehabilitation HOLLAND Loans Purchase KATHLEEN 636 9TH PL VERO BEACH 32960 $20,000.00 Assistance without HYATT Rehab Owner Occupied KATHLEEN 636 9TH PL VERO BEACH 32960 $8,640.45 2017-2018 Rehabilitation HYATT Loans Owner Occupied ANNIE LAURA 6495 86TH ST VERO BEACH 32967 $47,056.50 Rehabilitation JOHNSON Loans Owner Occupied LITISA JONES 4110 39TH DR VERO BEACH 32967 $46,312.00 Rehabilitation Loans Owner Occupied MELANIE K 343 13TH ST SW VERO BEACH 32962 $29,446.00 Rehabilitation JONES Loans Owner Occupied MARY LINDA 4655 38TH CT VERO BEACH 32967 $7,786.80 Rehabilitation KING Loans Owner Occupied CASSANDRA 1230 12TH CT SW VERO BEACH 32962 $28,780.50 Rehabilitation MARION Loans 184 Purchase KATHERINE 2105 WATERSIDE VERO BEACH 32962 $20,000.00 Assistance without SILVANA WAY SW Rehab MARTIN Impact Fee/ KATHERINE 2105 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge SILVANA WAY SW Loans MARTIN Purchase MARGARET 2125 WATERSIDE VERO BEACH 32962 $10,000.00 Assistance without ANN WAY SW Rehab MITCHELL Impact Fee/ MARGARET 2125 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge ANN WAY SW Loans MITCHELL Owner Occupied SHEREE 2705 49TH AVE VERO BEACH 32966 $32,717.00 Rehabilitation LYNN Loans MONTANARO Purchase KATELYN 1426 25TH AVE SW VERO BEACH 32962 $15,000.00 Assistance without PURSEL Rehab Owner Occupied KATELYN 1426 25TH AVE SW VERO BEACH 32962 $8,978.82 2017-2018 Rehabilitation PURSEL Loans Purchase BRIDGETTE & 445 13TH PL SW VERO BEACH 32962 $10,000.00 Assistance without MOON, CHAD Rehab ROBERTSON Owner Occupied BRIDGETTE & 445 13TH PL SW VERO BEACH 32962 $9,616.45 2017-2018 Rehabilitation MOON, CHAD Loans ROBERTSON Purchase KAYLA 2053 WATERSIDE VERO BEACH 32962 $15,000.00 Assistance without RUSZCZYK LN SW Rehab Impact Fee/ KAYLA 2053 WATERSIDE VERO BEACH 32962 $7,560.00 2017-2018 Capacity Charge RUSZCZYK LN SW Loans Owner Occupied SANTA 4096 42ND SQ VERO BEACH 32967 $30,790.50 Rehabilitation SHELLY Loans Purchase CHIMERE 3466 1ST ST VERO BEACH 32966 $10,000.00 Assistance without SMITH Rehab Owner Occupied CHIMERE 3466 1ST ST VERO BEACH 32966 $9,648.95 2017-2018 Rehabilitation SMITH Loans Emergency Repair LATRICIA 0 3206 3RD ST VERO BEACH 32968 $3,682.95 Loans SMITH Purchase MARQUITA 1250 12TH CT SW VERO BEACH 32962 $15,000.00 Assistance without ALICIA SMITH Rehab Impact Fee/ MARQUITA 1250 12TH CT SW VERO BEACH 32962 $6,037.00 2017-2018 Capacity Charge ALICIA SMITH Loans Owner Occupied VIVIAN P 630 24TH PL SW VERO BEACH 32962 $46,195.85 Rehabilitation STINSON Loans 185 Owner Occupied JORGE AND 1016 36TH AVE VERO BEACH 32960 $49,998.20 Rehabilitation SERRANO, Loans SANDRA VALDIVIA Purchase SANDRA 1335 22ND AVE SW VERO BEACH 32962 $15,000.00 Assistance without VALENCIA Rehab Owner Occupied. SANDRA 1335 22ND AVE SW VERO BEACH 32962 $4,593.10 2017-2018 Rehabilitation VALENCIA Loans Purchase JERMAINE 1115 11TH AVE SW VERO BEACH 32962 $15,000.00 Assistance without OMAR& Rehab HOWARD, TAKIECA S. WILLIAMS Owner Occupied JERMAINE 1115 11TH AVE SW VERO BEACH 32962 $9,790.30 2017-2018 Rehabilitation OMAR& Loans HOWARD, TAKIECA S. WILLIAMS Purchase NATASHA 2136 18TH AVE SW VERO BEACH 32962 $10,000.00 Assistance without SHONTA Rehab WILLIAMS Owner Occupied NATASHA 2136 18TH AVE SW VERO BEACH 32962 $9,790.30 2017-2018 Rehabilitation SHONTA Loans WILLIAMS Administration by Entity Name Business Type Strategy Covered Responsibility Amount Indian River County Government ALL ALL $81,066.89 Program Income Program Income Funds Loan Repayment: $5,829.83 Refinance: $.00 Foreclosure: $61,393.14 Sale of Property: $231,748.04 Interest Earned: $6,616.93 Total: $305,587.94 Number of Affordable Housing Applications Number of Affordable Housing Applications Submitted 0 Approved 0 Denied 0 Explanation of Recaptured funds 186 Description Amount Total: $.00 Rental Developments Development Owner Address City Zip SHIP Amount SHIP Compliance Name Code Units Monitored By Single Family Area Purchase Price The average area purchase price of single family units: 156,531.58 Or Not Applicable Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Expended Encumbered Code(s) Strategies Amount Units Amount Units 2 Purchase Assistance without Rehab $40,000.00 3 3 Owner Occupied Rehabilitation Loans $198,366.46 6 6 Emergency Repair Loans $3,682.95 1 8 Impact Fee/Capacity Charge Loans $15,120.00 Special Needs Category Breakdown by Strategy Expended Encumbered Strategies Special Needs Category Amount Units Amount Units (2) Purchase Assistance Developmental Disabilities $10,000.00 1 without Rehab (8) Impact Fee/Capacity Developmental Disabilities $7,560.00 Charge Loans (2) Purchase Assistance Receiving Social Security $30,000.00 2 without Rehab Disability Insurance (3)Owner Occupied Receiving Social Security $198,366.46 6 Rehabilitation Loans Disability Insurance (8) Impact Fee/Capacity Receiving Social Security $7,560.00 Charge Loans Disability Insurance (6) Emergency Repair Receiving Social Security $3,682.95 1 Loans Disability Insurance Provide a description of efforts to reduce homelessness: Priority is given to Welfare to Work program applicants. 187 Interim Year Data Interim Year Data Interim Year 1 State Annual Distribution $350,000.00 Program Income $345,398.28 Program Funds Expended $643,140.29 Program Funds Encumbered Total Administration Funds Expended $52,269.91 Total Administration Funds Encumbered $0.00 Homeownership Counseling $0.00 Disaster Funds 65% Homeownership Requirement $643,140.29 183.75% 75% Construction/Rehabilitation $643,140.29 183.75% 30%Very&Extremely Low Income Requirement $232,457.35 33.43% 30% Low Income Requirement $362,875.44 52.18% 20%Special Needs Requirement $213,008.68 30.63% Carry Forward to Next Year Interim Year 2 State Annual Distribution $358,231.00 Program Funds Expended $44,829.62 Program Funds Encumbered $26,676.50 188 LG Submitted Comments: 189 State Housing Initiatives Partnership(SHIP) Program Annual Report and Local Housing Incentives Certification On Behalf of Indian River County (Local Government), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2017/2018 and interim years 2018-2019&2019-2020 . 2. The local housing incentives or local housing incentive plan have been implemented or are in the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164(15)and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies,ordinances, regulations,and plan provisions that increase the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit,from these actions is estimated to be$ 0.00 4. The cumulative cost per rehabilitated housing per housing unit,from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Bill Schutt Witness Signature Date Chief Elected Official or Designee Signature Date Suzan Adams, Chairman Witness Printed Name Chief Elected Official or Designee Printed Name Witness Signature Date Witness Printed Name ATTEST: Jeffrey R.Smith,Clerk of Circuit Court and Comptroller ATTEST(Seal) Signature Date 420.9075(10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of its " affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report.The report shall be certified as accurate and complete by the local government's chief elected official or his or her designee.Transmittal of the annual report by a county's or eligible municipality's chief elected official,or his or her designee,certifies that the local housing incentive strategies,or,if applicable,the local housing incentive plan,have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. 190 IL INDIAN RIVER COUNTY MEMORANDUM TO: Jason E.Brown County Administrator DEPARTMENT HEAD CONCURRENCE: Phillip J.Matson,AICP Community Development Director THROUGH: Andrew Sobczak Chief,Environmental Planning &Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 8/7/2020 RE: Request by Britton Reality of Vero Beach,LLC, for Release of an Easement Located at 5420 41st Street It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of August 18,2020. DESCRIPTION AND CONDITIONS The County has been petitioned by Britton Reality of Vero Beach, LLC, owner of a property located at 5420 41st Street, for release of a±.42 acre conservation easement. The purpose of the easement release is to accommodate site improvements made as part of an approved site plan modification. ANALYSIS In 1995, a±.42 acre conservation easement located at the SW corner of the subject property was recorded as part of the original site development. Shortly after, the property owner submitted a series of site plan modification applications to the County. One of the applications included the incorporation of the conservation easement into the developed area of the site. This request was accompanied by a letter from the property owner indicating that he would have included this area into the development had he known at the time that it was critical to the site's function. Following a review of the site plan modification proposal, and acceptance of a fee-in-lieu mitigation payment to the County in the amount of$6,774.19 to account for the conservation area, county staff approved the site plan modification (in 2008). As such, it is staffs position that the easement release may proceed as a conclusion to the steps previous taken to modify the site plan. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve release of the conservation easement described in the proposed resolution. 191 BRITTON REALTY OF VERO BEACH LLC Release of Easement Page 2 Attachments: 1. Aerial Map of Site and Easement 2. Recorded Conservation Easement 3. 2008 Approved Site Plan(Modification) 4. Proposed Resolution Releasing Easement ease.bccmemo proj./appl.no.95090092/87599 192 ATTACHMENT 1 ' : , .. :•.�`. • of , l'-''''' --4 5420 ,',:j1* r '' tr TW: t ��tree • • • $ 4' P ; SII .• I; tI. d II i-- 04� .:/�• ,j�, I,SMI __• •, � ! r k i- 'L "�{ �t ? '1,42u '�i'�R- .t;4 JO �� cry N " 7 a /[ • d �I . ' �aa ' I 0 T: �p V : yl. liklip roximate . �$' ` � 1r rr all . • „ o 4. 4 r , S 0 Conservation M .ara � `0 Catidri '�J I a) i ` ..'j) 5 It7oEtO �.c -_ � _ _ .- 1�fa _ / a 630 ._ - -. _i - , - - 193 H 10f 05 $whaus)s4ecsAZ.(wCIo, t „a•) 'j'idu document Pref 1 hT and should be returned to the County Attorney's Office, DOCUMENTARY SOWS - 189.4 25th St., Vero Beady *ME RECORDS OF DEED S.-7 Florida _ 0`1.960 JEFFREY K.BARTON NOTES ;r CLERK CIRCUIT COURT • INDIAN RIVER• CO.,FLA. ��CONSERVATION EASEMENT JEFFREY RIVER MIXTT THIS G NT O CONSERVATION EASEMENT, made and executed this day of C 1 okl Q{`, 1995, by DONALD LaFOUNTAIN and JUNE LaYOUN'TAIN, husband and wile, whose mailing address is 150 S.W. 27th O Avenue, Vero Beach, Florida 32968, hereinafter called Grantor, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing e� address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter called Grantee, N WITNESSETH ; CJt WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, which is currently undergoing development; and WHEREAS, Grantor finds that it is appropriate to retain certain land or water areas on Grantor's property in their natural, scenic, open, or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance cn of sites or properties of historical, architectural, archeological, or cultural o- significance; and --+ c=a WHEREAS, the establishment of a conservation easement is required by Indian River County Comprehensive Plan Conservation Element, Policy 5.1(h) to overlay all preserved, created, or enhanced wetlands or deep water habitats (and upland buffers, as applicable) associated with o development site mitigation; and es WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover: NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall run with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) constructing or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground. (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation. (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water - area to remain predominantly in its natural condition. .�J (f) activities detrimental to drainage, flood control, water CT conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. Iv t) (g) acts or uses detrimental to the retention of land or water areas. N APPROVED AS TO FORM AND LEGAL SUFFICIENCY eY Ir �d tG'F ccs WILLIAM G. COLLINS II 1 DEPUTY COUNTY ATTORNEY 194 (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above-stated conservation easement shall not transfer to Grantee any of • the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition. Notwithstanding any provision to the contrary herein contained, the above-stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment, and management. This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed this / / day of Ci ..elb'r , 1995. Signed in the presence of: IrC printed name: a, Cell;„15 Donald LaFountain yy 4�n, / GRANTOR printed natne. mane H. tYIG��c1It printed name: t y<< cCD 11;.1 ne La ountaina~GY `��L? , GAI, J betzva K f GRANTOR pr nted narfine. /\/a <y /4. `'YJ i^�5 5�2 I r STATE OF FLORIDA COUNTY OF INDIAN RIVER 1 ,,,The foregoing instrument was acknowledged before me this �p •...i day of [l(`{ , 1995,by Donald LaFouvitain, who is personally known O1 to me or has produced j=am to ri tit"('-5 /r`t?Epi-,SP (passport/driver's license) L'o� as identification. tV NOTARY PUBLIC: y., Ai 4 pxin ed "Hams : Commission No.: s*o �.• ! Commission Expiration:ttB 1( 4411441 ¢ r 2 195 Nre•..M...�« • - .•.., .rr4:-.•.- 1'I. , r, STATE OF FLORIDA COUNTY OF INDIAN RIVER The, foregoing instrument was acknowledged before me this /4411 day of oe46ver- , 1995 cby. June LePountain, who is personally known to me or has produced .FI.-.. 0ri ver-4_5 ilerone (Passport/driver's license) as identification. NOTARY PUBLIC: ,1 1• ‘,...i-#t . I• p nted . .. -: a a 1, Commission No.: Commission Expiration: . - 1 taackgs„. •411 ' $.- 4,40141.11/,' az0 I* III -Iir 446449 ....%7"?.4.C44:db114:11:4/0.-Sig°44S • 4,.. M CD .......J a% -0 Ca NJ C...) • 3 196 EXHIBIT"A" CONSERVATION EASEMENT LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF THE EAST 6 ACRES OF THE WEST 12.07 ACRES OF TRACT 6, SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, AS RECORDED IN PLAT BOOK 2, PAGE 25. ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS; SAID LANDS NOW SITUATE IN INDIAN RIVER COUNTY, FLORIDA. RUN SOUTH 00 00' 00" WEST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 999.81 FT TO A POINT OF BEGINNING. THENCE RUN NORTH 89 26' 46" EAST, A DISTANCE OF 45 FT. ; THENCE RUN SOUTH 24 38' 57" EAST, A DISTANCE OF 127.08 FT. ; THENCE RUN SOUTH 00 00' 00" WEST, A DISTANCE OF 85 FT. ; THENCE RUN NORTH 89 26' 46" EAST, A DISTANCE OF 100 FT. ; THENCE RUN SOUTH 00 00' 00" WEST, A DISTANCE OF 25 FT. ; THENCE RUN SOUTH 89 26' 46" WEST, A DISTANCE OF 198.00 FT. TO A POINT ON THE WEST LINE OF, SAID PARCEL; THENCE, RUN NORTH 00 00' 00" EAST ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 226.01 FT TO THE POINT OF BEGINNING. Q Q1 N CA) (.11 197 r-:O.13.. r _ ._ 371.27 —S v_...,. �Q Nie Us 0 4 8 8: t N .a . ..i at VI h o 9i462t0.4(0NE N . ) 4S o• I—Att. N w 0 , o o `..• S n �j S% (Ss .....I\ rn a al m X ...e Tri, ta In r �- z ii I iJ 08. i IA {. r U 9°2to•4(or' c % o.o0.00'�w '�o 8 L r , 2S. O '-'%'.. .:-. 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Y`e, dam' lEi i 9 g 011 f t' t i,il i 1}i}{ I.`. @a ire :, °E{ ii a ' 1)t 1' 11'+ r�11 I j 11 I C °° ;11 i a` co r a i k e 1t1 ',,jT"113Q 1;i;;{Ili4f!1 i;fl X11'Pail ;.�°i itlt e i f oq ;r c.z.. --- Qa •�il�:ll l , . . - + ,,..� �cra�,7---;ro�'imn.� '4.- .\, n ' ><i lig gab it l 111 11 lit. u l'!L:1 `o ' j _ .-- -�• ,1:' Nil 15 si ii 4I Bg,111/Q a I i • i1B t ------- i i et lm it ppig ----_------- --_ P 3iptlt1�.M ---':-----11 �g}i$�j3ie ! 1°11M ce t - ill�1 -4A -.-71--:- --__--sq-------•- -- "h RESOLUTION NO.2020- A RESOLUTION OF INDIAN RIVER COUNTY,FLORIDA,RELEASING AN EASEMENT LOCATED AT 5420 41ST STREET WHEREAS,Indian River County has an interest in a conservation easement located at 5420 41st Street; and. WHEREAS,BRITTON REALTY OF VERO BEACH LLC,the owner of the property,has made application to Indian River County requesting that the County release the easement; and WHEREAS,the retention of the easement,or portion thereof,as described below, serves no current Public purpose; NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Indian River County,Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right,title, and interest that it may have in the following described easement(s): COMMENCING AT THE NORTH WEST CORNER OF THE EAST 6 ACRES OF THE WEST 12.07 ACRES OF TRACT 6,SECTION 28, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY,AS RECORDED IN PLAT BOOK 2, PAGE 25, ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS;SAID LANDS NOW SITUATE IN INDIAN RIVER COUNTY,FLORIDA,RUN SOUTH 00 00'00"WEST ALONG THE WEST LINE OF SAID PARCEL,A DISTANCE OF 999.81 FT TO A POINT OF BEGINNING. THENCE RUN NORTH 89 26'46"EAST,A DISTANCE OF 45FT; THENCE RUN SOUTH 24 38'57"EAST,A DISTANCE OF 127.08 FEET; THENCE RUN SOUTH 00 00'00" WEST, A DISTANCE OF 85.00 FEET;THENCE RUN NORTH 89 26'46"EAST,A DISTANCE OF 100 FEET;THENCE RUN SOUTH 00 00'00"WEST,A DISTANCE OF 25 FEET; THENCE RUN SOUTH 89 26'46" WEST, A DISTANCE OF 198.00 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL;THENCE,RUN NORTH 00 00'00"EAST ALONG THE WEST LINE OF SAID PARCEL,A DISTANCE OF 226.01 FEET TO THE POINT OF BEGINNING. This release of easement is executed by Indian River County, a political subdivision of the State of Florida,whose mailing address is 1801 27th Street, Vero Beach,Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner ,and adopted on the day of ,2020, by the following vote: Chairman Susan Adams Vice-Chairman Joseph E.Flescher Commissioner Bob Solari Commissioner Peter O'Bryan Commissioner Tim Zorc The Chairman declared the resolutionduly passed and adopted this day of ,2020 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA By: Susan Adams, Chairman ATTEST: Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk 200 RESOLUTION NO.2020- APPROVED AS TO LEGAL FORM: County Attorney ease.bccdoc proj/apl.no.95090092/87599 Cc: Applicant 201 ?In INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E.Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director THROUGH: Ryan Sweeney; Chief, Current Development FROM: Scott Rodriguez; Senior Planner, Current Development DATE: August 10, 2020 SUBJECT: KRG Indian River Outlot, LLC's Request for Final Plat Approval for Panera—Indian River Square [2018070040-85237/SD-19-11-06] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION AND CONDITIONS: Panera-Indian River Square is a+1.08 acre plat-over-site-plan project consisting of 1 commercial lot. The subdivision is located within the Indian River Square Shopping Center on the north side of SR60. The property is zoned CG, General Commercial and has a C/I, Commercial/Industrial land use designation. On June 1, 2018, Planning staff granted plat-over site plan and preliminary plat approval for the Panera development. The intent of the "plat overlay" is to subdivide the existing property into a separate lot from the overall Indian River Square Shopping Center. Construction of the facility and associated site improvements have been completed, and a site certificate of occupancy (C.O.) was issued on September 11, 2019. Upon final plat approval and recording of the final plat the Panera Development will be located on its own lot, separate from the overall shopping center. KRG Indian River Outlot, LLC is now requesting final plat approval and has submitted a final plat for Panera-Indian River Square in conformance with the approved plat-over site plan and preliminary plat. ANALYSIS: The improvements for the project (e.g. drainage, utilities, landscaping) are tied to the plat-over site plan, which were approved, constructed, and issued a site C.O. on September 11, 2019. Thus, site development is controlled by the approved site plan. Through the site plan process, vehicular and pedestrian interconnections, as well as shared infrastructure, have been designed to integrate the Panera site with the surrounding shopping center site. Legal provisions for utilities, 202 drainage, and access are handled through a combination of public utility easements and private reciprocal easements. County staff, including the County Attorney's Office, has reviewed and approved the final plat format and determined that all final plat requirements are satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Panera- Indian River Square subdivision. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 203 1` 1 1 1 1 1 1 1 1 1 L 1 1a • N 1 Ab 1L'S5 _ ( S I ( 1 CA i ii pi I { L/) i i c 1 -,---—AV H199 /1 LIi i i i G s l e A I � 1 I Cm) E 0 fl R i 1 U J( 1 R $ ( i I 1(l i s ,NI AV,u99 tf (1 ® (AMR SOWN)Ay H199 I All i ,h 11 ao 1TJ7 M: ! U 'Q c i 1 g '' Q- c^ ��n U $ "1 Mr is .2 / ° t . 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FUQ 1—g 2 0Qa 8 V- `$ � Oz z3 2 3W nr m ', JOvt • zL.d m„ r'�(6mp ia$ � 'A ii�2ga z �� '.2 0'mhi Wiz o N m o rn x Bao $ �` )mgz_ ?pm h� mm? d 0- g a v Shn 6 !7 3 (W7zU m iso Q'YIP < vi��QyW _o .. n z ow ffiIRm m� _� o°'x 3< z - p �s` R n —0w(7 z 6ao ��- .1 .a N fY Z W 3 s a M f00L9q{'� �. 1 > CCa Q J W 6 / .Z9'L90 M.9Z,9£.00N f W= Q30 w as = dm Z �� oag 5w o z Lg!i' _ QYwo a 8o p. a�� z - go l-> Zc2” E. w oa oY a. .. < <rmwc.�u Nrc �(~.7wa 55 $ two 5 ��N1 _Awa<,0 z Qf (ww-J Sp '2. wrcLLfJ O omzup�oLLt5 z 5z fwy ,99MzAl9661200N toitt¢> ¢o g,TLLwy3 arzx=z� oowoorcmi., gQm =gsa - -IT, ,g wLL-7 QziFAHan3nozBg P:m ha ZiE n04oain Z EOm m 1 :4443PoQP4eVorc $ mm U ao5Jaog . maaaaaaa� �z ' , :, g §a „ Magi! �aLL~ wws� �d�<= Q O U. ,OOYS :c' L"--0 LL - M.9Y,B0.LYNN 0N 089fo .zSL9 F-„ ❑ i:.' M.91,90.00N 3fO,O6.ON FAS JLL� m i Q ww 1 W 0 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: August 6, 2020 SUBJECT: Sommers Development Group, LLC's Request for Final Plat Approval for a Subdivision to be known as Sommers Place Residential Subdivision [97070034- 85249/SD-18-08-07] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18,2020. DESCRIPTION& CONDITIONS: Sommers Place Residential Subdivision consists of 5 single-family lots on 1.71 acres located on the west side of Highway AIA, immediately north of W. Sandalwood Road (see attachment 1). The subject property is zoned RS-6, Single-Family Residential (up to 6 units per acre) and has an L-2, Low Density-2(up to 6 units per acre)future land use designation. The density for the Sommers Place Residential Subdivision is 2.92 units per acre. On January 10, 2019, County staff approved the preliminary plat for the Sommers Place Residential Subdivision. Following preliminary plat approval, a land development permit was issued for the project,the required subdivision improvements were constructed, and it is anticipated a Certificate of Completion will be issued prior to the August 18th Board of County Commissioners (BCC)meeting. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the BCC grant final plat approval for the Sommers Place Residential Subdivision. ANALYSIS: All of the required subdivision improvements for Sommers Place have been completed and inspected, and it is anticipated a Certificate of Completion will be issued prior to the August 18th BCC meeting. As part of the Certificate of Completion process,the developer has posted a cash maintenance security to guarantee the road and drainage improvements (internal and offsite). Most subdivision improvements (e.g. stormwater treatment system, landscape tracts, recreation tracts) will be private, with the exception of certain utility facilities (water & sewer lines) which will be dedicated and guaranteed to Indian River County,as required by the Utility Services Department,and the road right- of-way for.Magnolia Lane which has been designed and constructed as a public road and will be dedicated to the County via the subject final plat. All requirements of final plat approval have been satisfied. 206 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Sommers Place Residential Subdivision. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 207 I g a a r. g a o G o g o 00 E 0 o6 o N E Za c w oM 0 0 0 0 0 m M 1 o C � m = 1 O a 8 O o _;i g / A r 3 M 0@-f s i • ��' N`�A�A1A 1 _____-••••". , � NSG Na 31NNIM1ii3d I un \ = t W m ic; a o 0 s s s 8 0 0O 0O Oo 0 8 \O \\ t+l M M I 8 r O Na 3dVNO V3S 2 1 s Z ei o ' o 0 ic 00 ro 0- 0 S 8 8 0o N o g o 0 8 3 o0 0 a O E E 0o c M M i 0 0 O m in N 0 0 0 0 0 G 0 .- M 1.1 M O O O 8 M 2 ei O o o 0 o 8O O O O (18 O O pO 0 00 $/ g (O aO g o O O M O (y N Q0 M DO' f0'1 l.'1 M n M Na INVdI`JNVNd K zgA w�2� 234° 5 �. $hl. ss aQ�LL � i , h �OW C£7 '+ o �W y� s�s o2h t� 'ai co 6$0 Z§✓SY 1 7 d � 3 A "tet 3 �I NigGg YNN r m . e - O ilj 4o, \ 141 w xZrE al 2ie, 4 .*P i • OM7a OO6M7YONYs;M MaZ y'< . 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U 5 sk' ,T,1122".1.16g2RtM2 62i • j\ _$ .a . € w al i : L6 g . m D\ ) / wgz S ff rcr g ` \\ \ 5s- < , Anw ..r2 6w ig ° ° \ st" I".z --, -. 021 gA W i o wg 3 0<i \\ A4 m L8o51,L2" po oq§ C m $ € 6sg=oE� \ ��` 85.cw5g�888. 8"bag - i Hw o 203 \ • C. \in, ; Ig gOTA.6hP,OLM a S y \\ \ \ s§�VWg"°�s IION; • ''^^ ° a8$rc < \\ Y'\\\ .,�2'Nn 2'wW O gg“az8W tE; VJ o „ ,g8wse 1— \ \ '•�, \ - m`�t�"� mg $ � 08 “° s�'ugc ° g'• a 3 w� \ 1:,\ o.I'lz g,w83 ° i<'88,1 . o �o< WAN \ \ \\\ 0°xW a l/ gig ielli oho aw $ 4 3 `\ \\ � z yLL gg 2 8 \ ' 2s 2 It4i.10A p S -M pep - ,.. FFEg _ • 6 ,F27,2- ..,6- �gOL” a ° ggsm a � \ \ Eg 084 h 0_ -v,. H 5g1,, Hagwg a . a p. w22;0!" 53ow3 . •• .4 ow 5I.7,..002 i • \•;15 n g0 I P8 §2! mp Qmg-Siw o \\\ \w. \\\ us iig 8% COPi 3 u 3z�� 0 \\ _ :iIH!H mu °g $Z 4 < Llg pircg"ya°o 3 \`\ A n gIabi<o5.-8ohINIM ?0 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E.Brown; County Administrator THROUGH: Phillip J. Matson,AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: August 10, 2020 SUBJECT: Lost Tree Preserve, LLC's Request for Final Plat Approval for Lost Tree Preserve PD,Phases 2 and 3 [PD-10-08-01 /99040238-86977] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION & CONDITIONS: Lost Tree Preserve PD, Phases 2 and 3 are the second and third phases within the Lost Tree Preserve planned development (PD) project. The overall Lost Tree Preserve PD is located immediately west of the FEC railroad between 65th Street and 69th Street consisting of 453 units on 214.64 acres resulting in a density of 2.11 units/acre. The final plat area for Phases 2 and 3 is located in the southeast corner of the overall project, is adjacent to 65th Street, and consists of 150 lots on±79 acres (see attachment 1). The property is zoned PD,Planned Development and has an L- 2,Low-Density Residential-2 (up to 6 units per acre) land use designation. On December 9, 2010, the Planning & Zoning Commission granted preliminary PD plan/plat approval for Lost Tree Preserve PD which included a phased approval for 453 units. Subsequently, on January 26, 2017, the Planning & Zoning Commission approved a revised and updated phasing schedule which provides a phased construction schedule for the overall PD through August 2028. As of this time, the developer has constructed 88%of the required project improvements for Phases 2 and 3, and proposes to "bond out" the remaining 12% of the required improvements for Phases 2 and 3. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary PD plan/plat; 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements for Phases 2 and 3; and 3. An executed Contract for Construction of the remaining required improvements for Phases 2 and 3, with a letter of credit for 125% of the cost of construction for the remaining required improvements. 210 The Board of County Commissioners (BCC) is now to consider granting final plat approval for Lost Tree Preserve PD, Phases 2 and 3. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding-out"the remaining 12% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. Staff anticipates receipt of the Contract for Construction of Required Improvements and an acceptable letter of credit in the amount of 125% of the cost of construction for the remaining required improvements prior to the August 18th BCC meeting. However, because the August 18th meeting is the only regularly scheduled meeting for the month of August, those items may be provided after the August 18th meeting. The contract for construction will be executed by the County Administrator once the acceptable security has been received and approved by the County Attorney's Office. The final plat will not be executed by the Chairman of the Board until these items have been addressed. All improvements within Lost Tree Preserve PD, Phases 2 and 3 will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Lost Tree Preserve PD, Phases 2 and 3. ATTACHMENTS: 1. Location Map 2. Final Plat Layout 211 0 -cal---i 1 4 $ + ,,, 1 r- N !111 oCl�££ -1 �- WSY, 831r1-I1it ___..------- _...isiallill kr AN _______-------- im. .., ‘ peo'NN -----0----- -_, .i «moo ii :.., pi ono 1- - /`11111it*** <A OAP' _w E N pL m —AV ROC �. ea0 , \\ it ag \ ® b s.._______\ a .. 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W U1 aY5555i6E11a t A �0 E4'2t4241313.4c:i Sr A1® ^ 7RAYs�dgtdRki^ ausv+fwavwr Li $ W@ F, 31.555955559? a WW220r Om i a n 7 / '-�8 .s� W K n .i �+ w y�p :g g `� o N F 3 Qw b 3"3 ' iRs 0 tai@ltii0PaTt 7 $' �X' CL 2 Le g r s V m i e 4 a 4 13:13 4 h}a 4 4 13 k A_,� z'�� I: b o@ eg b isx.x,aaxxeud^daa INE.,.. -z 8ffi 8' w g . .- $ 13413441381313131313131313 SM�oza CCizQ Sffi H '4t4tt4a "4az11Ra Za CO a<NI am a oN l c a a a 0 8 x 3 6 a a B 3 a 8 = m°6 a bOSc INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: August 10, 2020 SUBJECT: GRBK GHO Summer Lake, LLC's. Request for Final Plat Approval for a Subdivision to be known as Summer Lake North Subdivision [2005010130-86015 / SD-18-08-08] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION& CONDITIONS: Summer Lake North Subdivision is a combination of a conventional single-family subdivision and a multi-family plat-over site plan project.The overall project consists of 14 conventional single-family lots and 7 plat-over lots on 8.31 acres located on the south side of CR 510(85th Street),approximately 2,100 feet west of 58th Avenue (see attachment 1). The northern one-third of the project site is zoned RM-3,Multiple-Family Residential(up to 3 units per acre),the southern two-thirds of the project site are zoned RS-3, Single-Family Residential (up to 3 units per acre) and the entire project site has an L-1, Low-Density Residential-1 (up to 3 units per acre) future land use designation. The overall density for the Summer Lake North Subdivision is 2.53 units per acre. On December 17, 2018, County staff granted major site plan and preliminary plat approval for the Summer Lake North Subdivision project. Following preliminary plat approval, a land development permit was issued for the project, the required subdivision improvements were constructed, and it is anticipated a Certificate of Completion will be issued prior to the August 18th Board of County Commissioners (BCC) meeting. The applicant has submitted a final plat in conformance with the approved preliminary plat, and now requests that the BCC grant final plat approval for the Summer Lake North Subdivision. ANALYSIS: All of the required subdivision improvements for Summer Lake North have been completed and inspected,and it is anticipated a Certificate of Completion will be issued prior to the August 18th BCC meeting. As part of the Certificate of Completion process, the developer has posted a cash maintenance security to guarantee the road and drainage improvements. Most subdivision improvements (e.g. stormwater treatment system, landscape tracts, recreation tracts) will be private, with the exception of certain utility facilities (water & sewer lines) which will be dedicated and 220 guaranteed to Indian River County, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Summer Lake North Subdivision. ATTACHMENTS: 1. Location Map 2. 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I: 8 8 i 8 =5w~ a ^ <9• 4, I..[61.56 Ile o 1 w u z z z z z w� P. 41/''Ciiii..1,1:0 b'_p • 14CT1 a b ;X b m -gaa J i ^ .1.ZCli Tr; n a `n ry v B 8 2 P rw��< :8 Vf--3.w.zn'eiislit� • ° e r - o igLLLL w • `E`1 M e'II -II:, .".cz ' $ 8 k 8 8 m e 8 8 vvvvtl § ^u .1 A 9 A 8 W ° M M a E ``\DO 1a1 .<.':' ,m'011'1 )I 44 "� u`( e r f: 61 xv,g, .. 7� .z0'ect Y•Lb 9 z�J —_'—_- ..i'4TC`` • M.05LcwN ilk 1 9 n ro e - m 1 jCt"Jd'OZ 9'd) .- r r'd . NA 115 32 1,.. I - v v c� v S u S u ° R ° (Old SMO A 1oIM1MiVd.1.0N) I ON) v9 \ , / INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 22, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2020044 Hobart RO Water Treatment Plant Chemical Tank Replacement BACKGROUND: On behalf of the Department of Utility Services, Bids were solicited for chemical tank replacements at the Hobart RO Water Treatment Plant ("WTP"). The scope includes replacement of the 16,000- gallon bulk sulfuric acid tank with a new 12,000-gallon tank, replacement of the 5,200-gallon bulk caustic storage with a new 5,200-gallon tank, and the demolition of the 1,000-gallon bulk zinc storage tank. Engineering design was completed by Kimley-Horn and Associates, Inc. ("Kimley- Horn"), as authorized under Work Order 23 of Continuing Consulting Services Agreement 2018008, which was approved by the Board on October 22, 2019. RFP RESULTS: Advertising Date: May 28, 2020 RFP Opening Date: June 30,2020 Solicitation Broadcast to: 541 Subscribers RFP Documents Requested by: 28 Firms Replies: 7 Firms Bidders Name Location Total Bid Lawrence Lee Construction Services, Inc. Stuart $389,000.00 Boromei Construction, Inc. Okeechobee $390,186.00 Aerex Industries, Inc. Fort Pierce $399,900.00 Bearing Point Construction, Inc. Lakewood Ranch $400,246.00 Florida Design Drilling Corp. West Palm Beach $424,000.00 TLC Diversified, Inc. Palmetto $433,600.00 Summit Construction of Vero Beach Vero Beach $557,000.00 224 ANALYSIS: Kimley-Horn has reviewed the submitted bids and determined that Lawrence Lee Construction Services, Inc. ("LLCS") is the lowest responsive, and responsible bidder. The contractor has completed other Water Treatment Plant projects, including a recent project for the City of Stuart, which was successfully completed ahead of schedule. The Department of Utility Services concurs with Kimley-Horn's determination and has made recommendation of award to LLCS. FUNDING: Kimley-Horn's opinion of probable cost for this project was $412,280, and the low bid submitted by LLCS is 5.6%below that estimate. Funding for the project will come from the Replacement and Renewal ("R&R") account, and also from the operating funds, which are derived from water and sewer sales. Fund Description Amount 47121936-044699-19537 North RO Acid Tank Replacement (R&R) $225,471 471-169000-20532 North RO Caustic Tank(operating funds) $163,529 RECOMMENDATION: Staff recommends the Board award bid 2020044 to Lawrence Lee Construction Services, Inc. Staff also recommends the Board approve the Sample Agreement and authorize the Chairman to sign it after receipt and approval of the required bond and insurance, and the County Attorney's approval of the agreement as to form and legal sufficiency. ATTACHMENT: Sample Agreement 225 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida,(hereinafter called OWNER)and Lawrence Lee Construction Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnish all labor and materials necessary to replace the existing 16,000-gallon bulk sulfuric acid tank with a new 12,000-gallon horizontal steel storage tank. Furnish all labor and materials necessary to replace the existing 5,200-gallon bulk caustic horizontal steel storage tank with a new 5,200-gallon horizontal steel storage tank. Furnish all labor and materials necessary to demolish the 1,000-gallon bulk zinc storage tank. ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Hobart R.O.Water Treatment Plant Chemical Tanks Replacement Bid Number: 2020044 Project Address:7751 58th Avenue,Vero Beach, FL 32967 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially complete on the 180th day after Notice to Proceed (NTP) issuance. The Work shall be fully complete and ready for final payment on or before the 210th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work.The parties also recognize the delays, expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER 226 if the Work is not completed on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty),CONTRACTOR shall pay OWNER$566.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B,below: A. For all Work,at the prices stated in CONTRACTOR's Bid, and shown below: 1. Mobilization, De-mobilization and Planning $20,000 2. Bonds and Insurance $15,000 3. Demolition $40,000 4. Sulfuric Acid Tank Improvements $182,000 5. Caustic Tank Improvements $132,000 B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$389,000.00 Written Amount: Three hundred eighty-nine thousand dollars ARTICLE 5-PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act,Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents,together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 227 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed.After fifty percent(50%)completion,and pursuant to Florida Statutes section 218.735(8)(d),the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute;the subject of a claim pursuant to Florida Statutes section 255.05(2005);or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent(5%)after fifty percent(50%) completion;and 2)CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 228 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement(pages 1 to 9,inclusive); 229 (2) Notice to Proceed (3) Public Construction Bond(pages 1 to 3,inclusive); (4) Certificate(s)of Liability Insurance (5) Invitation to Bid 2020044 (6) Addenda(numbers 1 to 2,inclusive); (7) CONTRACTOR'S Bid Form (pages 12 to 14 of 34,inclusive); (8) Bid Bond(pages 1-2, inclusive); (9) Drug Free Workplace Form (page 15 of 34) (10)Affidavit of Compliance(page 16 of 34); (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships(pages 17 to 18 of 34, inclusive); (12)Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 19 of 34); (13)Certification Regarding Lobbying(page 20 of 34); (14)Warranty Information Form (pages 21of 34); (15)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation,moneys that may become due and moneys that are due may not 230 be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto,its partners,successors,assigns,and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,Florida,or,in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and 231 maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B; OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however,that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: 232 (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that.Boycott Israel List,created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries,and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 233 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ,20_(the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Designated Representative: Name:Arjuna Weragoda Name: Title: Capital Projects Manager Title: Address: 1801 27th Street,Vero Beach, FL 32960 Address: Phone: (772)226-1821 Email: aweragoda@ircgov.com Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 234 CONSENT AGENDA INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 28, 2020 SUBJECT: Indian River County Subaward and Grant Agreement for COVID-19 FROM: Kristin Daniels Director,Management&Budget BACKGROUND: On March 7, 2020, Indian River County began taking protective measures to address COVID-19. On March 9, 2020, Governor Ron DeSantis issued executive order 20-52, declaring a state of emergency exists in the state of Florida by reason of COVID-19. On March 17, 2020, Indian River County declared a local state of emergency. In order to receive Federal Emergency Management Agency (FEMA) reimbursement, Indian River County is required to sign the Federally-Funded Subaward and Grant Agreement. The agreement is standard for all recipients and includes twelve attachments. Upon execution of the agreement and subsequent award of funds, the County may be required to complete contract modifications for each individual project prior to funds being disbursed. These contract modifications essentially revise the total amount of federal funding as each project is awarded. STAFF RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENTS: Federally-Funded Subaward and Grant Agreement 235 Agreement Number: Z1841 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient's name: Indian River County Sub-Recipient's unique entity identifier: 07-920-8989 Federal Award Date: March 13, 2020 Subaward Period of Performance Start and End Date(Cat A-B): 01/20/2020—Attachment B Subaward Period of Performance Start and End Date(Cat C-G): 01/20/2020—Attachment B Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: Federal award project description(see FFATA): Grant to eligible Sub-recipient as determined by FEMA Name of Federal awarding agency: Dept. of Homeland Security(DHS) Federal Emergency Management Agency(FEMA) Name of pass-through entity: Florida Division of Emergency Management(FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4) 236 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Sub-Recipient, by its decision to participate in this grant program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, the Federal Awarding Agency,or any other State and Federal agencies with audit, regulatory,or enforcement authority; C. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below; D. The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to demand that the Sub-Recipient comply with all applicable State and Federal laws, regulations and policies,terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections; and E. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes,entitled"Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards."For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health, and to ensure public safety, as well as to lessen or avert the threat of a catastrophe. The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services'(HHS)declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. 237 a. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS, local governments, tribal governments, nonprofits, and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety, or to lessen or avert the threats created by emergency situations for 1) Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19.These noncompetitive contracts must comply with Federal guidance addressing exigency and emergency procurement. b. As required by section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B to this Agreement ("Program Statutes and Regulations"). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: Monitor and document Sub-Recipient performance; and, 238 ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Kim Schoffel Title Program Supervisor Bureau of Recovery Florida Division of Emergency Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: (850)815-4448 Email: Kim.Schoffel(a em.myflorida.com c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: Jason E.Brown,County Administrator 1801 27th Street Vero Beach,FL 32960 Telephone: (772)226-1408 Email: jbrown@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the Recipient's grants management system. Only the Authorized or Primary Agents identified in Attachment D to this Agreement("Designation of Authority")may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 239 (7) SCOPE OF WORK The Sub-Recipient shall perform the work in accordance with Attachment A to this Agreement ("Budget and Scope of Work"). (8) PERIOD OF AGREEMENT/PERIOD OF PERFORMANCE The Period of Agreement establishes a timeframe for all Sub-Recipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon closeout of the Sub-Recipient's account for this disaster by the Federal Awarding Agency, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Sub-Recipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Sub- Recipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six(6) months from the date of declaration for Emergency Work(Categories A& B) or eighteen (18) months from the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G Paragraph 5. If any extension request is denied by the Recipient, or is not sought by the Sub-Recipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by the Federal Awarding Agency for all projects approved for this Sub-recipient for DR-4486. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. Pursuant to section 252.37, Florida Statutes, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon 240 a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver,subject to the requirement for legislative notice and review under section 216.177, Florida Statutes, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided, or that doing so would impose a documented hardship on the Local government, and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient. The Recipient will provide funds on a cost reimbursement basis to the Sub-Recipient for eligible activities approved by the Recipient and the Federal Awarding Agency, as specified in Attachment A of this Agreement ("Budget and Scope of Work"), which also outlines the maximum reimbursement amount for each deliverable. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub-Recipient,which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." The Sub-Recipient must complete Attachment "D"by designating at least three agents to execute any Requests for Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. Attachment D must be completed electronically and submitted via email to rpa.help@em.myflorida.com. After execution of this Agreement,the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Sub-Recipient contacts have not been updated regularly and all three (3)Agents have separated from the Sub-Recipient's agency,a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Sub-Recipient in the grants management system against a performance measure,outlined in Attachment A of this Agreement("Budget and Scope of Work"),that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a"performance goal", which is defined in 2 C.F.R.§200.76 as, 241 "a target level of performance expressed as a tangible, measurable objective, against, which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award." j. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services")and 2 C.F.R.§200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday,illness,failure of the employer to provide sufficient work,or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-Employee agreement,or an established policy of the Sub-Recipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes(at the time of the execution of this agreement:$6 for breakfast,$11 for lunch,and$19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. I. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period 242 and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. m. As defined by 2 C.F.R. §200.53, the term"improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit or applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers,or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts,and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five(5)year requirement: If any litigation, claim, or audit is started before the expiration of the five (5)- year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, 243 cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass-through entity, the (five) 5-year retention requirement is not applicable to the Sub-Recipient. v. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the 244 Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of Attachments A and B to this Agreement("Budget and Scope of Work"and"Program Statutes and Regulations" respectively), and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. 245 b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub- Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R.§200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50,GAGAS,"also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.caov/fac/collect/ddeindex.htmI h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 246 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with • quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Sub-Recipient and, as applicable, all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. Reporting Time Period Subgrantee Report Submittal Deadline Quarter 1 (Q1) October 1 — December 31 January 15 Quarter 2 (Q2) January 1 — March 31 April 15 Quarter 3 (Q3) April 1 -June 30 July 15 Quarter 4 (Q4) July 1 —September 30. October 15 b. Quarterly reports are due to the Division no later than fifteen(15)days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30, September 30 and December 31. c. The closeout report is due sixty(60) days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16)REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachment A to this Agreement("Budget and Scope of Work"). e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information as required by the Federal Awarding Agency or the Division. (13) MONITORING a. The Division shall monitor the performance of the Sub-Recipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. 247 A review shall be done for each function or activity in Attachment A to this Agreement.("Budget and Scope of Work")and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub- Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision,as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement. As authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. b. As required by section 768.28(19), Florida Statutes,any Sub-Recipient which is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies as set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any 248 previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect,incomplete or insufficient information; or d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs,then the Division shall,after thirty(30)days of providing written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty(30)days,exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty(30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (3)herein. b. Begin an appropriate legal or equitable action to enforce performance of this Agreement. c. Withhold or suspend payment of all or any part of a request for payment. d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. . Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. 249 (17)TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty(30)days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may, to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18) PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). For this event, FEMA recognizes that noncompetitive procurements may be necessary to save lives, to protect property and public health and to ensure public safety, as well as to lessen or avert the threat of a catastrophe." The President's unprecedented Nationwide Emergency Declaration and the Secretary of Health and Human Services' (HHS) declaration of a Public Health Emergency for COVID-19 establish that exigent and emergency circumstances currently exist. For the duration of the Public Health Emergency, which began January 27, 2020 as determined by HHS,local governments,tribal governments,nonprofits,and other non-state entities may proceed with new and existing noncompetitively procured contracts in order to protect property and public health and safety,or to lessen or avert the threats created by emergency situations for 1)Emergency protective measures under FEMA's Public Assistance Program and 2) Use of FEMA non-disaster grant funds by non-state recipients and sub-recipients to respond to or address COVID-19. b. If the Sub-Recipient contracts with any contractor or vendor for performance of 250 any portion of the work required under this Agreement, the Sub-Recipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Division, its employees and/or their contractors, and the Sub-Recipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Sub-Recipient shall monitor and document, in the Attachment J of this Agreement ("Quarterly Report"), the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. The Sub-Recipient shall ensure all contracts conform to sections 287.057 and 288.703, Florida Statutes. e. The Sub-Recipient may request guidance concerning procurement activity from the Division, but shall also use its own judgment to determine compliance with all applicable rules and statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account unless otherwise governed by a program specific waiver. If an advance payment is requested, the budget data upon which the request is based, and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment H of this Agreement ("Justification of Advance Payment"). The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within thirty (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. c. If the necessary funds are not available to fund this Agreement, as a result of action by the United States Congress,the Federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall:terminate, and the Sub-Recipient shall submit its closeout report within thirty(30)days of receiving notice from the Division. 251 (20) EXPEDITED PROJECTS The Division and the Federal Awarding Agency have established an Expedited Projects Program in order to help affected counties, municipalities, and private-non-profits recover from COVID-19. This program provides funding for 50% of the eligible scope of work for project versions of selected Expedited Category B projects. These amounts will be subject to the cost sharing requirements applicable for the disaster. a. PROGRAM REQUIREMENTS Each eligible Sub-Recipient can request to include Category B: Emergency Protective Measures projects in this expedited program. The work claimed must have been performed during the Public Health Emergency. FEMA makes the final eligibility determination regarding project work and costs under the Expedited Program. In order to be eligible for this funding, these projects must be a "large" project with eligible scope of work totaling$131,100 or more. b. FUNDING Funding will be provided at 50% of estimated costs incurred through an eligible scope of work for included projects, during the periods of performance. Any and all expedited projects will ultimately require a full validation through the grants management process for all costs incurred. c. PARTICIPATION NOTIFICATION The Sub-Recipient is responsible for notifying the State Public Assistance Officer (SPAO) of its intent to participate in the program. The Sub-Recipient notifies the SPAO by submitting the notification of their intention to participate via email to ExpeditedProiects(a.em.mvflorida.com and the SPAO will then notify FEMA . Once that email correspondence is made, the project development will be tracked through Grants Portal and all payments will be made using the workflows in FDEM's Grants Management System. (21) REPAYMENTS a. All refunds or repayments due to the Division underthis agreement are due no later than thirty(30)days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by the Federal Awarding Agency or any other source, upon a determination by the Recipient or the Federal Awarding Agency that funds exceeding the eligible costs have been disbursed to the Sub- Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Sub-Recipient understands and agrees that the Recipient may offset any funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub- Recipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", must include the invoice number and the 252 applicable Disaster and Project number(s)that are the subject of the invoice, and be mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, the Sub-Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the returned check or draft;whichever is greater. (22) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information,representations,and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty(30)days written notice to the Sub-Recipient,cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seq.),which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of 253 $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which receives funds under this Agreement from the Federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not,within a five(5)-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(Federal, State or Local)with commission of any offenses enumerated in paragraph (22)f. ii. of this certification; and, iv. Have not, within a five (5)-year period preceding this Agreement, had one or more public transactions (Federal, State or Local) terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division(by email to the assigned grant manager) the completed Attachment C of this Agreement ("Certification Regarding Debarment") for the Sub-Recipient and a screenshot reflecting such self-check via the Federal System for Award Management (SAM) clearinghouse through the website www.sam.pov. Sub-Recipient shall also perform this check for any and all intended contractor or subcontractor which Sub-Recipient plans to fund under this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Sub-Recipient and provided to the Division upon request. The check must be completed before the Sub-Recipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. 254 k. The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division may,at its option,terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S.,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (23) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant orn r prohibit co t act p ohib t the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment or modification of any Federal contract, grant, loan or cooperative agreement. 255 ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,"in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub-Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB- RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable material are produced, the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such 256 property exists. The Division shall then,under Paragraph(24)b.,have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (25) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub- Recipient also certifies that the undersigned person has the authority,to legally execute and bind Sub- Recipient to the terms of this Agreement. (26) NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§7 and 16, and 44 C.F.R. §206.11, the Sub-Recipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Sub-Recipient is also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (27)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E to this Agreement("Statement of Assurances"). (28) DUPLICATION OF BENEFITS PROHIBITED a. The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. b. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received payment from the Recipient. c. The Sub-Recipient agrees to notify the Recipient in writing within thirty(30)days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source,which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Sub-Recipient has received duplicate 257 benefits, the Sub-Recipient gives the Grantee/Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub- Recipient,and to use such remedies as may be available administratively or at law to recover such benefits. (29)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 —Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment v. Attachment D— Designation of Authority vi. Attachment E—Statement of Assurances vii. Attachment F—Election to Participate in PA Alternative Procedures(PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H— Federal Funding Accountability and Transparency Act (FFATA) Reporting x. Attachment I—Mandatory Contract Provisions xi. Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification for Advance Payment 258 Agreement Number: Z1841 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: Indian River County By: Name: Susan Adams Title: Chairman Date: FEID# 59-6000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Jared Moskowitz, Director Date: 259 EXHIBIT—1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2018 V3.1-effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fema.gov/media-library/assets/documents/111781 Federal Program: 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide,2018 V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D:Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 260 a) m - co RI c as 0 a) 2 w 1 as Ca-0 a N L a)Co m • a 0 0 f4 Y C o0 cn•- a0 o E 3 a. 0 o W m a a«vr t) N :6)g w £ a) �a O LL c H a) .o a a) ° ` J L. O p m a 5 N 10 44 d N a71 C N a) J N a) = c L Cr O m y a) w 0 O O Cl) O 0 Q a�0i a) oo c y c oa c o a) O` d 0 m` 2 d a) > w .0 'a C N t CO O C it Y- .+ °C . EU R 0 ., a a vimi .WQ O ' 0 0 a m o a) C C a) +' L O 'a = •+ ++ d t 4A.3 O N O .a .N m2) • c6 "•'70 m 0 a) 6 O sd " c 4" ca) N LL "a •U a) 0 a) (1) > c1 .00 v 'O O >>0 �i C a (17. 0 N O •C 0 NE a a) tc m � � a) Q o) wW N - W � 4- - 0 c0 m a • m 0) M .c 0 a) Em $ CO F ¢ oa Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and reasonableness of associated costs. The sub-recipient is required to complete all eligible Projects and submit appropriate supporting documentation for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities, as approved by FEMA. When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report). A Sub-Recipient may receive more than one PW and each will contain a separate Project. Budget and Project List—Attachment A of this Agreement will be modified quarterly, as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement,each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Incident End Date As of 5/21/2020 the incident is ongoing. The parties hereby agree that the end date of the incident, as determined by FEMA at a future date,will be established as the end date for this incident. Any documents or memoranda issued by FEMA establishing the end date for this incident is hereby incorporated by reference, and the parties agree to include any such documents into this agreement without any need to execute an amendment to this agreement. The parties do not agree to change any other terms in this agreement without express written approval. Deliverables For the purposes of this agreement, each project will be a standalone deliverable but may be compensated incrementally based on the Sub-recipient's expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95%of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports(due 15 days after end of each quarter). • Timely submission of invoices(Requests for Reimbursement)and supported by documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project,whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division Grant Manager. • Timely submission of Request for Final Inspection (within ninety (90)days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects (AIA)forms G702 and G703, as required below. o A. Affidavit. The Sub-Recipient is required to submit an Affidavit signed by the Sub- Recipient's project personnel with each reimbursement request attesting to the following: 262 the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Sub-Recipient shall provide a copy of the American Institute of Architects (AIA)form G702,Application and Certification for Payment,or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. Five percent(5%)of the total eligible amount(including Federal, State and Local shares)for each payment request will be retained until the final Request for Reimbursement(or backup for advance expenditure)has been verified as acceptable by the Division's Grant Manager, which must include dated certification that the Project is 100% complete. Further, all required documentation must be available in FDEM Grants Management System prior to release of the retained amount, to include permits, policies & procedures, procurement and insurance documents. At such time all required activities and documentation requirements have been verified as performed and met, the Sub-Recipient may request the total retained amount. Small Projects Deliverables Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. Sub-Recipient must initiate the Small Project Closeout in FDEM Grants Management System within thirty(30)days of completion of the project work,or no later than the period of performance end date. Small Project Closeout is initiated by logging into FDEM Grants Management System, selecting the Sub- Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to advance the form to the next queue for review. Financial Consequences: For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, State and Local requirements, the Division shall withhold a portion of the funding up to the full amount. 2 CFR 200.338 and section 215.971, Florida Statutes, requires the Division, as the recipient of Federal funding, to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Sub-Recipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. The Division shall apply the following financial consequences in these specifically identified events: Work performed outside the Period of Performance— Based on 2 C.F.R.Section 200.309,a Sub-Recipient may be reimbursed for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division. If the Sub-Recipient does not anticipate finishing the work within the original period of performance, it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Sub-Recipient's control(Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted,the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance. Failure to submit quarterly reports timely—Pursuant to 2 C.F.R. Section 328,the Division is responsible for oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are 263 being achieved. Paragraph(12)of the subgrant agreement requires the Sub-Recipient to submit a quarterly report that identifies the progress made on the project and will at a minimum include details regarding the status of all work in progress,work that has been completed, and work that has yet to begin. All work must be performed and completed in accordance with the Scope of Work. The report will also provide a detailed breakdown that supports the expenditure of funds under this Agreement, as well as any other information requested by the Division. These reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. In the event that a Sub-Recipient fails to timely submit this report, the Division will enforce the following: • Withhold 0.1 percent of the entire eligible amount obligated every day the report is late OR • Withhold $500.00, whichever is less. The Division retains the right to impose financial consequences for instances of non-performance or non- compliance not specifically addressed in this section. 264 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Sub-recipient of the State,which receives funds under this Agreement from the Federal government, to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions(Federal, State, or Local)terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or Local)transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Sub-recipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, contracts under grants, loans, and cooperative agreements)and that all contractors and sub-contractors must certify and disclose accordingly. The Sub-recipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Sub-recipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. By: Indian River County Signature Sub-Recipient's Name Susan Adams, Chairman Z1841 Name and Title DEM Contract Number 1801 27th Street DR4486 Street Address Vero Beach, FL 32960 City, State, Zip Date 265 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the FDEM Grants Management System in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D"to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should be entered in FDEM Grants Management System if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted,all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FDEM Grants Management System as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety,listing the name and information for all representatives who will be working in the FDEM Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FDEM Grants Management System within twelve(12)hours of being notified or their account will lock them out. Each user must log in within a sixty(60)day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent"—This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents,and submitting reports/requests in FDEM Grants Management System. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed, and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7— 12: "Other" (Read Only Access)—There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only" designation cannot take any action in FDEM Grants Management System. 266 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized Agent(Full Access) Box 2: Primary Agent(Full Access) Agent's Name Agent's Name Susan Adams Jason Brown Signature Signature Organization/Official Position Organization/Official Position Indian River County Board of County Commissioners Chairman Indian River County/County Administrator Mailing Address 1801 27th Street Mailing Address 1801 27th Street City,State,Zip Vero Beach,FL 32960 City,State,Zip Vero Beach,FL 32960 Daytime Telephone Daytime Telephone (772)226-1442 (772)226-1408 E-mail Address sadams@ircgov.com E-mail Address jbrown@ircgov.com Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of Contact(Full Access) Agent's Name Official's Name Tad Stone Kristin Daniels Signature Signature Organization/Official Position Organization/Official Position Indian River County EM/EM Director Indian River County/Director of Management&Budget Mailing Address 4225 43rd Avenue Mailing Address 1801 27th Street City,State,Zip Vero Beach,FL 32967 City,State,Zip Vero Beach,FL 32960 Daytime Telephone Daytime Telephone (772)226-3859 (772)226-1214 E-mail Address tstone@ircgov.com E-mail Address kdaniels@ircgov.com Box 5: Other-Risk Mgmt-Insurance(Full Access) Box 6:Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Etta Lopresti Signature Signature Organization/Official Position Organization/Official Position Indian River County EM/EM Coordinator Mailing Address 4225 43rd Avenue Mailing Address City,State,Zip Vero Beach,FL 32967 City,State,Zip Daytime Telephone Daytime Telephone (772)226-3856 E-mail Address elopresti@ircgov.com E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub-Grantee Authorized Agent Signature Date 267 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other (Read Only Access) Box 8: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year(FY)Start: Month: October Day: 1st Sub-Grantee's Federal Employer's Identification Number(EIN) 59 - 6000674 Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee's: FIPS Number(If Known) 061 - 99061 - 00 NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover.Updates may be made by email to the state team assigned to your account.A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not supplement,the contacts on the previous list. 268 Attachment E STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87, A-110,A- 122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. §206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met,all contracts meet Federal, State, and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications,and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family, business,or other ties. 269 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. Return the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris; vii. Notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; xi. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be 270 responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program, if required to maintain one,where the application is for$500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex,or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. b. Provisions of Federal law found at 5 U.S.C.§ 1501, et. seq.which limit certain political activities of employees of a State or Local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed workweek. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs" of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available,as a condition for the receiptof any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 271 j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification(ICC). The State's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead-based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)(1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975;Department of Justice Non-Discrimination Regulations;and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964(P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient, this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 272 t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514(NEPA). iii. EO 11738(violating facilities). iv. EO 11988(Floodplain Management). v. EO 11990(Wetlands). vi. EO 12898(Environmental Justice). For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub-Recipient, its successors, transferees, and assignees. FOR THE SUBGRANTEE/SUB-RECIPIENT: Signature Susan Adams, Chairman Printed Name and Title Date 273 Attachment F Public Assistance Alternative Procedures for Permanent Work Pilot (Version 4) FEMA Recovery Policy FP 104-009-7 BACKGROUND Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Stafford Act)1 authorizes FEMA to award Public Assistance (PA) funding based on fixed estimates. This version 4 of the Public Assistance Alternative Procedures for Permanent Work Pilot (Pilot) policy supersedes version 3 and the Alternative Procedures Project language in Chapter 2.VII.G of the Public Assistance Program and Policy Guide2(PAPPG): All other portions of the PAPPG apply except where specifically stated otherwise. PURPOSE The purpose of this policy is to define the framework and requirements to ensure appropriate and consistent implementation. PRINCIPLES A. Increase flexibility in the administration of such assistance by allowing Applicants to use funds in a manner that best meets their specific needs for recovery, long-term resiliency, and future preparedness. B. Simplify the delivery of assistance and reduce administrative costs associated withPA projects. REQUIREMENTS A. FIXED-COST OFFER ACCEPTANCE Outcome: Enable Applicants to drive their own recovery. 1. FEMA and the Recipient will work with the Applicant to formulate disaster-related damage into projects and reach agreement on the eligible scopes of work (SOW) for allPermanent Work projects. Once agreement is reached on the disaster-related damage and eligible SOW, FEMA or the Applicant will develop a cost estimate in accordance with Section G, Cost Estimates. 2. After the cost estimate is developed by FEMA or developed by the Applicant and validated by FEMA as being reasonable and eligible based on the work required to address the disaster-related damage, FEMA will transmit a fixed-cost offer via its Grants Manager/Portal to the Applicant for acceptance. • 1 Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. §5121, et seq., as amended. 2 www.fema.gov/media-library/assets/documents/111781 274 3. The total fixed-cost amount is established based on the aggregate of: a. The estimated cost to restore disaster damaged facilities to pre-disaster design(size and capacity) and function in accordance with eligible codes and standards;and b. The estimated cost for cost-effective hazard mitigation measures associated with the actual restoration SOW to be implemented. 4. If the Applicant accepts the fixed-cost offer for a Large Project, it is considered a Pilot Project and the Applicant will: a. Not be required to rebuild the facilities back to what existed prior to the disaster. b. Be allowed to share funds across all of its Pilot Projects. c. Not be required to track costs to specific work items. d. Not be required to track costs or work to specific Pilot Projects since funds can be shared across all of its Pilot Projects. e. Be allowed to retain and use excess funds to reduce risk and improve future disaster operations (subject to timely closeout). f. Be eligible for cost-effective hazard mitigation on replacement projects. B. DEADLINES Outcome: Increase speed of recovery through timely agreement on fixed-cost offers. 1. Applicants have no more than 18 months from the disaster declaration date to: a. Determine the actual SOW and hazard mitigation measures to be implemented; and b. Accept a fixed-cost offer for each project (also subject to 30-day deadline from receipt, see B.2). 2. Each time FEMA transmits a fixed-cost offer, the Recipient and Applicant will have a combined total of 30 calendar days from the date of FEMA's transmittal of the fixed-cost offer to accept the offer (not to exceed the 18-month deadline). Any projects without accepted fixed-cost offers by the 30-day and 18-month deadlines will be processed using standard PA policies and procedures and funded in accordance with Title 44 Code of Federal Regulations §206.205. 3. Time extensions to accept fixed-cost offers must be approved by FEMA's Assistant Administrator for Recovery. C. HAZARD MITIGATION Outcome: Promote resiliency through inclusion of hazard mitigation. 1. When the Applicant is restoring a facility to pre-disaster function, size, capacity, and location, FEMA evaluates the proposed hazard mitigation SOW and cost-effectiveness based on the criteria in Chapter 2.VII.0 of the PAPPG. 2. When the Applicant is restoring the function, but changing the pre-disaster capacity of a facility (Improved Project), the proposed hazard mitigation SOW is developed based onthe actual SOW to be implemented; however, the cost-effectiveness is evaluated based on the fixed-cost amount accepted for the pre-disaster restoration SOW. If the capacity is 275 increased, the proposed hazard mitigation SOW and cost is limited to the SOW and cost necessary to mitigate to the pre-disaster capacity of the damaged facility. 3. Applicants must complete the approved hazard mitigation in order to retain the fixed-cost amount accepted for hazard mitigation. D. USE OF FUNDS Outcome: Increase effectiveness of assistance through increased flexibility and expanded use of funds. 1. Applicants may use fixed-cost funds, including any excess funds across all Pilot Projects. 2. Applicants may request to use fixed-cost funds for any of the activities defined as eligible under the Use of Fixed-Cost Funds column in the table below. Once FEMA approves and the Applicant completes the SOW associated with these activities, the Applicant may use any excess funds for the expanded list of eligible activities listed under the Use of Excess Funds column. 3. Any excess funds remaining after the approved SOW is complete may be used for cost- effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve future PA operations or planning. The Applicant must submit a proposed SOW for use of any excess funds, along with a project timeline to the Recipient within 90 days of the date the last Alternative Procedures Project was completed. The Recipient must forward the request to FEMA within 180 days of date the last Alternative Procedures Project was completed. FEMA will evaluate the proposed use of excess funds for reasonableness to ensure prudent use of funds. FEMA will also evaluate the submitted project timeline and approve an appropriate deadline for project completion, not to exceed the overall disaster period of performance. 4. The following table lists examples of eligible and ineligible types of work and costs when using fixed-cost funds and excess funds. Type of Work or Cost (all work or costs listed must Use of Use of otherwise be eligible for PA) Fixed-Cost Excess Funds Funds Restoration of disaster-damaged facilities and equipment Eligible Eligible Restoration of disaster-damaged facilities in undeclared areas Ineligible Eligible within the same State or Tribal area Alternate Projects (e.g., purchasing equipment, Eligible Eligible constructing new facilities, improvements to undamaged facilities such as shelters and emergency operation centers) in declared areas Cost-effective hazard mitigation measures for undamaged Ineligible Eligible facilities Covering future insurance premiums, including meeting Ineligible Eligible obtain and maintain (O&M) insurance requirements, on damaged or undamaged facilities 276 Work on facilities that are ineligible due to a failure to Ineligible Ineligible meet previous O&M requirements Conducting or participating in training for response or recovery Ineligible Eligible activities, including Federal grants management or procurement courses Planning for future disaster response and recovery operations, Ineligible Eligible such as developing or updating plans (e.g., Debris Management Plans, Hazard Mitigation Plans, Pre-disaster Recovery Plans, Emergency Management/Operation Plans), integrating these plans into other plans, preparedness activities, exercises, and outreach Salaries for PA or emergency management staff. This may Ineligible Eligible include but is not limited to staff performing PA grant administration, monitoring, and closeout activities for other PA disaster grants, and staff developing or updating disaster plans Paying down debts Ineligible Ineligible Covering operating expenses Ineligible Ineligible Covering budget shortfalls Ineligible Ineligible Covering the non-Federal cost share of FEMA projects or other Ineligible Ineligible Federal awards E. SCOPE OF WORK CHANGES Outcome: Reduce administrative burden by simplifying requirements for changes to a SOW. 1. Once the SOW is approved and a fixed-cost offer is accepted: a. The Applicant must notify FEMA prior to making SOW changes that involve: i. Buildings or structures that are 45 years of age or older; ii. Ground disturbing activities; or iii. Work in or near waterways. b. With exception of buildings or structures that are 45 years of age or older, theApplicant does not need to notify FEMA when it intends to make changes that substantially conform to the approved SOW. Changes that substantially conform include items, such as: i. Substitutions in material type (e.g., pre-cast concrete vs. steel beam, stainless steel vs. galvanized fasteners); or ii. Interior floor plan reconfigurations (e.g., adding, moving, or removing rooms/features). c. If the Applicant wishes to change the SOW to the extent that it changes the hazard mitigation, such changes must be approved within the 18-month deadline and the fixed- cost offer amount will be adjusted to reflect the revised hazard mitigation SOW. 277 F. ENVIRONMENTAL AND HISTORIC PRESERVATION Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders. 1. FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anywork that has potential to impact the environment, historic properties, or archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities. 2. The Applicant must comply with all applicable EHP laws, regulations, and Executive Orders in accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction. Non-compliance with EHP conditions and requirements may result in the deobligation of funds. G. COST ESTIMATES Outcome: Develop fixed-costs based on accurate cost estimates. 1. FEMA or the Applicant may develop cost estimates as follows: a. FEMA will prepare its estimates using the Cost Estimating Format (CEF) and will include the CEF contingency factor "Applicant Reserve for Change Orders." b. Applicant-submitted estimates must comply with Chapter 3.II.D of the PAPPG. FEMA will evaluate Applicant-submitted estimates using the Public Assistance: Reasonable Cost Evaluation Job Aid. This Job Aid includes a checklist in Appendix A: Validation of Applicant-Provided Cost Estimates, which FEMA will use to review and validate cost estimates. c. The estimate must be based on the current phase of design or construction inclusive of any known costs. d. If eligible work has been completed at the time the cost estimate is developed that portion of the fixed amount will be based on the actual cost. e. The cost estimate must include a reduction to account for any anticipated insurance proceeds based on the Applicant's insurance policy, or if known, the actual insurance proceeds. 2. A FEMA-funded, independent panel of cost estimating experts may review project estimates. The review will be limited to issues pertaining to the estimated cost and the panel will not make decisions related to the eligibility of work. However, it may make determinations about whether cost elements are requiredto execute the SOW. The panel may review cost documentation for completed work, if necessary. a. FEMA may request the independent panel review for any cost estimate. b. Applicants may request the panel review the estimate for any project with an estimated Federal share of at least $5 million. c. All project estimates with an estimated Federal share of$25 million or greater will be reviewed by the independent panel. I ' 278 d. The panel will complete its review before FEMA transmits the fixed-cost offer. H. INSURANCE Outcome: Ensure FEMA assistance does not duplicate insurance proceeds. 1. Fixed-cost amounts will be reduced to avoid duplication with insurance proceeds in accordance with Chapter 2.V.P.1 of the PAPPG. This includes any necessary adjustments at closeout. 2. All insurable facilities for which funds are used (including excess funds) are subject to O&M requirements in accordance with Chapter 2.VII.A of the PAPPG. If the Applicant does not comply with the O&M requirement, FEMA will deobligate the fixed amounts related to the non-compliance and the facilities for which the Applicant failed to comply will not be eligible for future PA funding. I. CLOSEOUT REQUIREMENTS Outcome: Reduce the administrative costs associated with closeout by simplifying closeout documentation requirements and incentivize timely closeout. 1. Work must be completed by the end of the latest Pilot Project period of performance and the Recipient must certify that all incurred costs are associated with the approved SOW and that the Applicant completed all work in accordance with FEMA regulations and policies. The Recipient must submit its certification to FEMA within 180 days of the Applicant completing its last Pilot Project or the latest Pilot Project deadline, whichever occurs first, in order for the Applicant to retain and use any excess funds. 2. The closeout certification must include a final report of Pilot Project costs and documentation to support the following: a. Summary of actual work completed; b. Mitigation measures achieved, if applicable; c. Compliance with EHP requirements; d. Compliance with the O&M insurance requirement; e. Summary of total actual costs to complete the Pilot Projects; f. Compliance with Federal procurement procedures; and g. Actual insurance proceeds received. 3. Applicants do not need to track costs to specific work items. Applicants only need to substantiate and certify that all claimed costs are related to the overall work deemed eligible for the Pilot Projects. 4. Applicants must comply with the requirements of 2 CFR Part 200, including document retention. J. APPEALS FEMA will not consider appeals on a Pilot Project unless it is related to a cost adjustment made by FEMA after the fixed-cost offer is accepted (i.e., related to insurance, non-compliance, or an audit). Any disagreement on damage, SOW, or cost must be resolved 279 prior to accepting a fixed-cost offer. Additionally, time extension denials on a Pilot Project are not appealable. K. AUDITS The U.S. Department of Homeland Security's Office of Inspector General and the U.S. Government Accountability Office have authority to audit any project. Once the Applicant signs the fixed-cost offer, FEMA may still adjust funding due to audit findings. L. PILOT POLICY VERSUS STANDARD PA POLICY The following table summarizes the differences between the Alternative Procedures Pilot policy and the standard PA policy: Alternative Procedures Policy Standard Policy Fixed-cost project with use of excess funds. Actual cost project. No retention of excess funds associated with the approved estimate. May use funds across all Pilot projects. Can only use funds toward the specific work identified in each specific project. After FEMA approves a SOW, approval is only After FEMA approves a SOW, required for changes that involve buildings or approval is required for any change structures aged 45 years or older, ground to the SOW. disturbing activities, or work in or near water. Do not need to track costs associated with Must track costs associated with all changes to the SOW. changes to the SOW. Do not need to track costs to specific work items. Must track costs specific to each Only need to track the total costs associated with work item within each individual the Pilot Projects. project. Do not need to track work to specific Pilot Must track all work to each Projects. Only need to substantiate that the individual project. work is related to the approved SOW covered in the Pilot Projects. L. C - Keith Turi Assistant Administrator, Recovery Directorate August 29, 2019 Date 280 ADDITIONAL INFORMATION REVIEW CYCLE This policy will be reviewed, reissued, revised or rescinded by the Assistant Administrator of Recovery within 4 years of the date of signature on this policy. AUTHORITIES Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, et seq., as amended. QUESTIONS Direct questions to Tod Wells,Acting Director, Public Assistance Division, at Tod.Wellsa,fema.dhs.gov. 281 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM Sub-Recipients must use the Grantee's/Recipient's web-based project management system,to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. The Sub-Recipient is required to have working knowledge of the FDEM Grants Management System. 2. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FDEM Grants Management System website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one(1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five(5)years from the date of the Sub-Recipient account closeout by FEMA. The five(5)year period is extended if any litigation, claim or audit is started before the five (5)year period expires, and extends beyond the five(5)year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,00000 or more at the time it is acquired must be retained for five(5)years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. PROJECT AMENDMENTS Project Amendments may be requested by the Sub-Grantee/Sub-Recipient, in FDEM Grants Management System, on both small and large projects,to: 1) New Time Extension; a) Requests for Time Extensions within the Grantee/Sub-Recipient's authority b) Requests for Time Extensions not within the Grantee/Sub-Recipient's authority 2) New Project Amendment; a) Requests for Alternate Projects; and/or b) Requests for Improved Projects; and/or c) Requests for Mitigation Opportunities; and/or d) Requests for Revised Scope of Work; and/or e) Significant Cost Variance(>20%); and/or f) Use of Eligible Excess Funds 3) New Project Appeal 282 a) Applicant Appeal PP PP i) Request First Appeal; and/or ii) Request Second Appeal; and/or iii) Request Appeal via Arbitration b) Project Appeal i) Large Project Appeal (1) Request First Appeal; and/or (2) Request Second Appeal; and/or (3) Request Appeal via Arbitration ii) Small Project Appeal (1) Small Project Netting 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub-Recipient should notify the Recipient within sixty(60) days of Project completion. The Sub-Recipient should include the following information with its closeout request: • Certification that project is • Date of project completion; and, • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount,the Sub-Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the.approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards, the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at htto://www.fema.gov/alternative-procedures and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for 283 completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW; • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions; or, • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies, the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub-Recipient must request the additional funding through the appeal process,within sixty(60)days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For COVID-19 DR-4486,projects that are under$131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self-certification of small projects in lieu of project documentation for permanent work projects(Categories C-G). The self-certification will require the applicant to certify that the damaged facility is eligible,the scope of work is eligible,and that the funds will be expended in accordance with State and Federal law. A copy of the self-certification is attached hereto. This self-certification will be completed during project development in Grants Portal prior to obligation.Once the project is obligated, the Division will reimburse the project without a request for reimbursement. However, in order to close out the project,the applicant must provide before and after photos of the project. 5. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is six (6) months from the declaration date. The deadline for Permanent Work is eighteen (18) months from the declaration date. Deadlines for Completion of Work Type of Work Months' Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and, • The project timeline with the projected completion date. Within its discretion,set out by 44 C.F.R.§206.204,the Division will grant a time extension for all emergency work, or Category A(debris removal) and B (emergency protective measures)work,by three (3) months. This extends the period of performance for all applicants designated for Category A and B work. 284 This time extension does not apply to Permanent Work projects. For Permanent Work projects, the applicant will need to submit a time extension request via. the FDEM Grants Management System once the project is obligated by FEMA. If the Division grants the time extension request, the grant will be retroactive. It may extend Emergency Work projects by six (6) months and Permanent Work projects by thirty (30) months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations(such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Applicant did not restore. Time Extension requests should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) • Dates of correspondence with various agencies • Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a Time Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the State of FEMA(as applicable), any expenses incurred outside the P.O.P. are ineligible. 6. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by 285 insurance and/or other sources of funding, FEMA must de-obligate the funds per Stafford Act Sections 101 (b)(4)and 312(c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,00000 In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act. As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance, where that insurance is"reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states,"If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de-obligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable facility,the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 8. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments(See Closeouts). The submission from the Sub-Recipient requesting this reimbursement must include: 286 a) A Request for Reimbursement(available in the FDEM Grants Management System); b) A Summary of Documentation(SOD)which is titled Reimbursement Detail Report in the FDEM Grants Management System and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to,contract documents,insurance policies,payroll records,daily work logs,invoices, purchase orders, and change orders); and, c) The FDEM Cost Claim Summary Workbook(found in the Forms section of the FDEM Grants Management System), along with copies of original documents such as contract documents, invoices,change orders,canceled checks(or other proof of expenditure),purchase orders,etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87, A-110,A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reimbursement (RFR) via the FDEM Grants Management System no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) The Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) The Sub-Recipient must submit to the Recipient the budget supporting the request. 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety(90)days after receipt of the Advance; 9. The Recipient may, in its sole discretion,withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. 287 Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment only if permissible in accordance with 2 C.F.R. § 200.305(b). Advance payments are only permissible if in compliance with 2 C.F.R. §200.305(b), and PAAP projects are no exception. 10. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FDEM Grants Management System may not be received and could result in failure to meet time periods to appeal a Federal determination. 11. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5— 10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before I request a DUNS number? Before you call D&B,you will need the following pieces of information: • Legal Name • Headquarters name and ad dress for your organization • Doing business as(dba)or other name by which your organization is commonly recognized • Physical address • Mailing address(if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? 288 New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the toll-free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the+4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization, then each campus needs to obtain their own DUNS number. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically,this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun &Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab c(D.omb.eop.gov. 12. Substitute Form W-9 For the purpose of this Agreement, a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting 289 are accurate. Due to specific State of Florida requirements, the State will not accept the Internal Revenue, Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at https://flvendor.mvfloridacfo.com. 13. Small,Women Owned and Minority Owned Businesses 2 CFR 200.321 requires a non-Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must.include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1)through (5)of this section. 290 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26,2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management("FDEM"or"Division")must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note:This"Instructions and Worksheet"is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a subaward(Agreement)that obligates$25,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: FUNDING AGENCY: Federal Emergency Management Agency AWARD AMOUNT: $ OBLIGATION/ACTION DATE: SUBAWARD DATE(if applicable): DUNS#: 07-920-8989 DUNS#+4: *If your company or organization does not have a DUNS number, you will need to obtain one from Dun & Bradstreet at 866-705-5711 or use the web form (http://fedgov.dnb.com/webform). The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: Indian River County DBA NAME(IF APPLICABLE): PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: 1801 27th Street ADDRESS LINE 2: ADDRESS LINE 3: CITY Vero Beach STATE FL ZIP CODE+4** 32960-0310 291 PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): DESCRIPTION OF PROJECT(Up to 4000 Characters) Complete eligible Projects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year,did your business or organization(including parent organization, all branches, and all affiliates worldwide)receive (a)80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; AND, (b) $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act? Yes❑ No® If the answer to Question 1 is "Yes,"continue to Question 2. If the answer to Question 1 is"No'; move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? Yes❑ No If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" appearing below to report the "Total Compensation" for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive"is defined as"officers, managing partners, or other employees in management positions". "Total Compensation" is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: 292 i. Salary and bonus. ii. Awards of stock,stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion Rank Total Compensation (Highest to Name for Most Recently Lowest) (Last, First, MI) Title Completed Fiscal Year 1 2 3 4 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: Susan Adams, Chairman DATE: 293 �QART.iy Attachment I FEMA:4 Mandatory Contract Provisions Template CONTRACT C PROVISIONS TEMPLATE FEMA Office of Chief Counsel Procurement Disaster Assistance Team 294 INTRODUCTION If a non-Federal entity(state or non-state) wants to use federal funds to pay or reimburse their expenses for equipment or services under a contract, that contract must contain the applicable clauses described in Appendix II to the Uniform Rules (Contract Provisions for Non-Federal Entity Contracts Under Federal Awards) under 2 C.F.R. § 200.326. In addition, there are certain contract clauses which are recommended by FEMA. This document outlines the federally required contract provisions in addition to FEMA- recommended provisions. • For some of the required clauses, sample language or references to find sample language are provided. • Sample language for certain required clauses (remedies, termination for cause and convenience, changes) is not provided since these must be drafted in accordance with the non-Federal entity's applicable local laws and procedures. • For the clauses which require that exact language be included, the required language is provided.Those clauses are specifically identified below. Please note that the non-Federal entity alone is responsible for ensuring that all language included in their contracts meets the requirements of 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix II. 295 TABLE OF CONTENTS I. TOOLS 1. CONTRACT PROVISIONS QUICK REFERENCE GUIDE 4 II. REQUIRED CONTRACT PROVISIONS 1. REMEDIES 6 2. TERMINATION FOR CAUSE AND CONVENIENCE 6 3. EQUAL EMPLOYMENT OPPORTUNITY 6 4. DAVIS BACON ACT 10 5. COPELAND ANTI-KICKBACK ACT 11 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT 13 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT... 14 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT 15 9. DEBARMENT AND SUSPENSION 16 10. BYRD ANTI-LOBBYING AMENDMENT 18 11. PROCUREMENT OF RECOVERED MATERIALS 21 III. FEMA-RECOMMENDED CONTRACT PROVISIONS 1. ACCESS TO RECORDS 22 2. CHANGES/MODIFICATIONS 23 3. NON-USE OF DHS SEAL, LOGO,AND FLAGS 23 4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS24 5. NO OBLIGATION BY THE FEDERAL GOVERNMENT 24 6. PROGRAM FRAUD AND FALSE/FRADULENT STATEMENTS OR RELATED ACTS25 296 Required Contract Provisions: Quick Reference Guide KEY Required/Recommended Provision ❑ Required/Recommended Provision and Required Exact Language ❑ Not Required for PA Awards(Grants) ❑ Required Provision Contract Criteria Sample Language? 1 Legal/contractual/administrative >Simplified Acquisition No. It is based on applicant's remedies for breach of contract Threshold($250k) procedures. 2 Termination for cause or >$10k No. It is based on applicant's convenience procedures. 3. Equal Employment Opportunity Construction work Yes.41 CFR Part 60-1.4(b) 4. Davis Bacon Act Construction work Not applicable to PA grants 5. Copeland Anti-Kickback Act Construction work>$2k Not applicable to PA grants 6 Contract Work Hours and Safety >$100k+mechanics or Yes. 29 CFR 5.5(b) Standards Act laborers 7. Rights to inventions made under a Funding agreement Not applicable to PA grants contract or agreement Clean Air Act and Federal Water $150k Yes 8. >Pollution Control Act 9. Debarment and Suspension All Yes 10. Byrd Anti-Lobbying Amendment All Yes. Clause and certification (>$100k:Certification) Applicant is a state or Procurement of RecoveredP olitical subdivision of a 11. Materials state.Work involves the use Yes of materials. 297 Recommended Contract Provisions: Quick Reference Guide Recommended Provision Contract Criteria Sample Language? 1. Access to Records All Yes 2 Contract Changes or All No. It depends on nature of contract Modifications and end-item procured. 3. DHS Seal, Logo,and Flags All Yes Compliance with Federal Law, 4. Regulations and Executive Orders All Yes 5 No Obligation by Federal All Yes Government Program Fraud and False or 6. Fraudulent Statements or Related All Yes Acts 298 REQUIRED CONTRACT PROVISIONS 1. REMEDIES a. Standard. Contracts for more than the simplified acquisition threshold, currently set at$250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II(A). b. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. 2. TERMINATION FOR CAUSE AND CONVENIENCE a. Standard.All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity,including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix 11(B). b. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. 3. EQUAL EMPLOYMENT OPPORTUNITY If applicable,exact language below in subsection 3.d is required. a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60(Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II(C). 299 b. Key Definitions. i. Federally Assisted Construction Contract.The regulation at 41 C.F.R. §60- 1.3 defines a "federally assisted construction contract" as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work. ii. Construction Work.The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways,or other changes or improvements to real property, including facilities providing utility services.The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. d. Required Language.The regulation at 41 C.F.R. Part 60-1.4(b)requires the insertion of the following contract clause. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for 300 employment, notices to be provided setting forth the provisions of this. nondiscrimination clause. (2)The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation,gender identity,or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4)The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6)The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures 301 authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8)The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor,that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon 302 contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition,the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 4. DAVIS-BACON ACT a. Standard. All prime construction contracts in excess of$2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II(D). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. b. Applicability.The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant.Program,Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It DOES NOT apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. c. Requirements. If applicable, the non-federal entity must do the following: i. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. ii. Additionally, pursuant 2 C.F.R. Part 200,Appendix II(D), contracts subject to the Davis-Bacon Act, must also include a provision for compliance with 303 the Copeland "Anti-Kickback"Act(40 U.S.C. §3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States).The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.The non- Federal entity must report all suspected or reported violations to FEMA. iii. Include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards.Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). Suggested Language.The following provides a sample contract clause: Compliance with the Davis-Bacon Act. a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable.The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. c. Additionally, contractors are required to pay wages not less than once a week. 5. COPELAND ANTI-KICKBACK ACT a. Standard. Recipient and subrecipient contracts must include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). 304 b. Applicability. This requirement applies to all contracts for construction or repair work above $2,000 in situations where the Davis-Bacon Act also applies. It DOES NOT apply to the FEMA Public Assistance Program. c. Requirements. If applicable,the non-federal entity must include a provision for compliance with the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). Each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity must report all suspected or reported violations to FEMA.Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period.The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Sample Language.The following provides a sample contract clause: Compliance with the Copeland "Anti-Kickback"Act. a. Contractor.The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. b. Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor orlower tier subcontractor with all of these contract clauses. c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment 305 as a contractor and subcontractor as provided in 29 C.F.R. § 5.12." 6. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT a. Standard. Where applicable (see 40 U.S.C. §§ 3701-3708), all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 C.F.R. Part 5. See 2 C.F.R. Part 200, Appendix II(E). Under 40 U.S.C. § 3702, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Further, no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. b. Applicability.This requirement applies to all FEMA contracts awarded by the non- federal entity in excess of$100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work.These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. c. Suggested Language.The regulation at 29 C.F.R. § 5.5(b) provides contract clause language concerning compliance with the Contract Work Hours and Safety Standards Act. FEMA suggests including the following contract clause: Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 306 (2) Violation;liability for unpaid wages;liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1)of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4)of this section, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4) of this section. 7. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT a. Standard. If the FEMA award meets the definition of"funding agreement" under 37C.F.R. § 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non- Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under 307 Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II(F). b. Applicability.This requirement applies to "funding agreements," but it DOES NOT apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program,and Federal Assistance to Individuals and Households—Other Needs Assistance Grant. Program, as FEMA awards under these programs do not meet the definition of "fundingagreement." c. Funding Agreements Definition.The regulation at 37 C.F.R. §401.2(a) defines "funding agreement" as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government.This term also includes any assignment,substitution of parties,or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 8. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. Standard. If applicable, contracts must contain a provision that requires the contractor to agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§ 7401-7671q.)and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional Office of the Environmental Protection Agency. See 2 C.F.R. Part 200, Appendix II(G). b. Applicability.This requirement applies to contracts awarded by a non-federal entity of amounts in excess of$150,000 under a federal grant. c. Suggested Language. The following provides a sample contract clause. Clean Air Act 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as 308 amended, 42 U.S.C. §7401 et seq. 2. The contractor agrees to report each violation to the (name of applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract)will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency,and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the (name of the applicant entering into the contract) and understands and agrees that the (name of the applicant entering into the contract) will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. 9. DEBARMENT AND SUSPENSION a. Standard. Non-Federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension(1986) and Executive Order 12689, Debarment and Suspension (1989) at 2 C.F.R. Part 180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000(Nonprocurement Debarment andSuspension). b. Applicability.This requirement applies to all FEMA grant and cooperative 309 agreement programs. c. Requirements. i. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities._ See 2 C.F.R. Part 200, Appendix II(H); and 2 C.F.R. § 200.213.A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.SAM exclusions can be accessed at www.sam.gov. See 2 C.F.R. §180.530. ii. In general,an "excluded" party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts.This includes parties that receive Federal funding indirectly, such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a "covered transaction," which is any nonprocurement transaction (unless excepted) at either a "primary" or"secondary"tier. Although"covered transactions" do not include contracts awarded by the Federal Government for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipients. iii. Specifically,a covered transaction includes the following contracts for goods or services: 1. The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. 2. The contract requires the approval of FEMA, regardless of amount. 3. The contract is for federally-required audit services. 4. A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. Suggested Language.The following provides a debarment and suspension 310 clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.As such,the contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905)are excluded(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of recipient/subrecipient/applicant). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (insert name of recipient/subrecipient/applicant), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. BYRD ANTI-LOBBYING AMENDMENT a. Standard. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. FEMA's regulation at 44 C.F.R. Part 18 implements the requirements of 31 U.S.C. § 1352 and provides, in Appendix A to Part 18, a copy of the certification that is required to be completed by each entity as described in 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 311 Federal award. Such disclosures are forwarded from tier to tier up to the. Federal awarding agency. b. Applicability.This requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply or bid for a contract of$100,000 or more under a federal grant must file the required certification. See 2 C.F.R. Part 200, Appendix 11(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. c. Suggested Language. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract,grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. d. Required Certification. If applicable, contractors must sign and submit to the non-federal entity the following certification. APPENDIX A, 44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any 312 Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracyof each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C.Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date 313 11. PROCUREMENT OF RECOVERED MATERIALS a. Standard.A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 ofthe Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. See 2 C.F.R. Part 200, Appendix 11(J); and 2 C.F.R. §200.322. b. Applicability.This requirement applies to all contracts awarded by a non- federal entity under FEMA grant and cooperative agreement programs. c. Requirements.The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. Suggested Language. i. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing forcompliance with the contract performance schedule; 2. Meeting contract performance requirements;or 3. At a reasonable price. ii. Information about this requirement, along with the list of EPA designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. iii. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 314 RECOMMENDED CONTRACT PROVISIONS The Uniform Rules authorize FEMA to require additional provisions for non-Federal entity contracts. Although FEMA does not currently require additional provisions, FEMA recommends the following: 1. ACCESS TO RECORDS a. Standard.All recipients, subrecipients, successors,transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. Recipients must give DHS/FEMA access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. See DHS Standard Terms and Conditions:Version 8.1 (2018).Additionally, Section 1225 of the Disaster Recovery Reform Act of 2018 prohibits FEMA from providing reimbursement to any state, local, tribal, or territorial government, or private non-profit for activities made pursuant to a contract that purports to prohibit audits or internal reviews by the FEMA administrator or Comptroller General. b. Suggested Language. Access to Records.The following access to records requirements apply to this contract: (1) The Contractor agrees to provide(insert name of state agency or local or Indian tribal government), (insert name of recipient), the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or 315 i I his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with the Disaster Recovery Act of 2018, the (write in name of the non-federal entity) and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. 2. CHANGES a. Standard.To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement,the cost of the change, modification, change order, or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. b. Applicability. FEMA recommends, therefore, that a non-Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract.The language of the clause may differ depending on the nature of the contract and the end-item procured. 3. DHS SEAL, LOGO,AND FLAGS a. Standard. Recipients must obtain permission prior to using the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials. See DHS Standard Terms and Conditions:Version 8.1(2018). b. Applicability. FEMA recommends that all non-Federal entities place in their contracts a provision that a contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. c. Suggested Language. "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval." 316 4. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS a. Standard.The recipient and its contractors are required to comply with all Federal laws, regulations, and executive orders. b. Applicability. FEMA recommends that all non-Federal entities place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, anddirectives. c. Suggested Language. "This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract.The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives." 5. NO OBLIGATION BY FEDERAL GOVERNMENT a. Standard. FEMA is not a party to any transaction between the recipient and its contractor. FEMA is not subject to any obligations or liable to any party for any matter relating to the contract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that states that the Federal Government is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. c. Suggested Language. "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, orany other party pertaining to any matter resulting from thecontract." 6. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS a. Standard. Recipients must comply with the requirements of The False Claims Act (31 U.S.C. §§ 3729-3733) which prohibits the submission of false or 317 fraudulent claims for payment to the federal government. See DHS Standard Terms and Conditions:Version 8.1(2018); and 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to thecontract. b. Applicability. FEMA recommends that the non-Federal entity include a provision in its contract that the contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. c. Suggested Language. "The Contractor 38 acknowledges that 31 U.S.C. (Administrative g Chap. Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract." 318 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non-Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority,and women's owned firms were all given fair consideration. 4. Improper"cost-plus-a-percentage-of-cost"contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges(applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.)that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. 319 • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs(Federal Highways, Housing and Urban Development, etc.)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the"Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. Indian River County Sub-Recipient Agency Date Signature Susan Adams, Chairman Printed Name&Title 320 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORY/LINE ITEMS 20_-20 Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,delivery timelines,salary and expense projections, etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance). 321 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 10, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension of Agreement for Automated Teller Machine Services BACKGROUND: There are currently two Automated Teller Machines (ATMs) installed in Admin Buildings A and B, as authorized under a request for proposal process, and awarded by the Board. On September 17, 2019, the Board authorized the first extension of the agreement for ATMs with IBM Southeast Employees' Credit Union ("IBMSECU")through August 15, 2020. ANALYSIS: IBMSECU changed its name to iTHINK Financial Credit Union, effective March 2, 2020. iTHINK has agreed to the second extension to the agreement, maintaining the maximum transaction fee of $1.50 per withdrawal. No other fees are proposed. Staff has been content with the service provided, and the ATMs have required no staff involvement. Staff would like to execute the second extension to the agreement. FUNDING: No funding is required. RECOMMENDATION: Staff recommends the Board approve the second extension, and authorize the Chairman to sign after the County Attorney has reviewed it for legal sufficiency. ATTACHMENT: Second Extension to Agreement for Automated Teller Machine Services 322 SECOND EXTENSION TO AGREEMENT FOR AUTOMATED TELLER MACHINE SERVICES BETWEEN iTHINK FINANCIAL CREDIT UNION("ATM OWNER")AND INDIAN RIVER COUNTY("COUNTY") THIS SECOND EXTENSION to the Agreement for Automated Teller Machine Services is entered into this 18th day of August,2020, by and between ATM OWNER and COUNTY. BACKGROUND RECITALS A. On July 12,2016,OCULINA BANK and COUNTY entered into the Agreement for Automated Teller Machine Services (the"Agreement"). B. Effective April 1,2019,Oculina Bank merged with IBM Southeast Employees' Credit Union,and operated as"IBM Southeast Employees'Credit Union." C. On September 17, 2019, Parties executed the First Extension to the Agreement for the period August 16, 2019 through August 15,2020. D. Effective March 2, 2020, IBM Southeast Employees'Credit Union changed its name to"iTHINK Financial Credit Union." E. Paragraph 6 of the Agreement contains the term and renewal provisions. F. Pursuant to the Agreement,the parties desire to renew the Agreement by this Second Extension. NOW,THEREFORE, in consideration of the mutual undertakings herein,and other good and valuable consideration,the parties agree as follows: 1.The background recitals are true and correct and form a material part of this Second Extension. 2.The Agreement for Automated Teller Machine Services is hereby extended from August 16,2020 until August 15,2021. 3.All other provisions of the Agreement and First Extension remain in full force and effect. IN WITNESS WHEREOF,the parties have caused this Extension to be executed effective the day and year in which set forth above. COUNTY: ATM OWNER: INDIAN RIVER COUNTY iTHINK Financial Credit Union By: By: Susan Adams,Chairman By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold,County Attorney Jeffrey R.Smith,Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 323 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners • From: Kristin Daniels Director, Office of Management& Budget Date: August 11, 2020 Subject: Miscellaneous Budget Amendment 008 Description and Conditions 1. On June 9, 2020, the Board of County Commissioners approved the bid award for the 58th Avenue (57th to CR 510)full depth reclamation. As stated in the agenda item, originally the project was budgeted in the Secondary Roads fund as a resurfacing project. The project is now a full depth reclamation and needs to be budgeted in the Optional Sales Tax fund. Exhibit "A" appropriates funding of$7,330,843 from Optional Sales Tax/Cash Forward-Oct 1St. The potential to fund this project with Traffic Impact Fees will be reevaluated when the FY 2020/2021 Capital Improvement Element is formulated. 2. On June 9, 2020, the Board of County Commissioners approved work orders#4 and #5 for the Radio System P25 Mitigation Project. Funding in the amount of$2,000,000 will be provided by a rollover of FY 2018/2019 unspent funds $1,152,970 and an additional $847,030 from reserves. Exhibit "A" appropriates the funds from Optional Sales Tax/Cash Forward-Oct 1st 3. On June 9, 2020, the Board of County Commissioners approved the Emergency Management Performance Grant (EMPG) in the amount of$79,635. Exhibit"A" appropriates the grant revenue and expenses. 4. On June 9, 2020, the Board of County Commissioners approved the Emergency Management Performance Grant Program-COVID-19 Supplemental (EMPG-S) in the amount of$13,507. Exhibit"A" appropriates the grant revenue and expenses. 5. On June 2, 2020, The Board of County Commissioners approved a Public Transportation Grant with the Florida Department of Transportation for a Service Development Grant in the amount of$450,000. The Board also approved $246,951 in transit operating assistance through the CARES Act Section 5311 program. Exhibit"A" appropriates the grants and expenditures to the Community Transportation Coordinator accounts 6. On June 16, 2020, the Board of County Commissioners approved a Federal Administration Grant for CARES Act Operating Assistance-Section 5307 in the amount of$6,316,645. The Board also approved the Section 5307 capital assistance grant in the amount of$2,169,322 and the Section 5339 grant in the amount of$465,235. Exhibit "A" appropriates the grants and expenditures to the Community Transportation Coordinator accounts. 324 Indian River County Commissioners August 11, 2020 7. On July 27, 2020, Indian River County received $6,976,333 for the CARES Act-Coronavirus Relief Fund. Exhibit"A"appropriates the revenue and expenditures as proposed by the County Administrator at the August 18, 2020 Board of County Commissioners meeting. 8. On June 9, 2020 Indian River County received $48,000 as a special disbursement to assist with expenses to protect County 911 personnel from COVID-19. Exhibit"A" appropriates the revenues and expenditures. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. 325 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2019-2020 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2019-2020 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2019-2020 budget, as more specifically set forth in Exhibit "A" attached hereto and bylhis reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2019-2020 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Peter D.O'Bryan Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2020. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Susan Adams, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTNEY Exhibit"A" Resolution No.2020- Budget Office Approval: Budget Amendment: BA008 Kristin Daniels,Budget Director Entry Type Fund/Department/Account Name Account Number Increase Decrease Number Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $7,330,843 $0 1. Expense Optional Sales Tax/58th Ave Reclamation/57th to CR 510 31521441-066510-16023 $7,330,843 $0 Revenue Optional Sales Tax/Cash Forward-Oct 1st 315039-389040 $2,000,000 $0 2. Expense Optional Sales Tax/Fire Services/800 MHZ Upgrade-P25 31512022-066510-16004 $2,000,000 $0 Compliance Revenue General Fund/EMPG Grant 001033-331231 $79,635 $0 General Fund/Emergency Management/Computer 00120825-035120-05050 $36,502 $0 Software/EMPG General Fund/Emergency Management/Other 00120825-033190-05050 $20,135 $0 Professional Services/EMPG 3. Expense General Fund/Emergency Management/All Travel/EMPG 00120825-034020-05050 $6,018 $0 General Fund/Emergency Management/Tuition- 00120825-035430-05050 $1,755 $0 Registration Fees/EMPG General Fund/Emergency Management/Other Operating 00120825-035290-05050 $15,225 $0 Supplies/EMPG Revenue General Fund/Emergency Management/EMPG Grant- 001033-331231-20711 $13,507 $0 4. COVID-19 Expense General Fund/Emergency Management/Other Operating 00120825-035290-20711 $13,507 $0 Supplies-EM PG-COVI D-19 General Fund/FDOT Grant/Service Development Grant 001033-334420 $450,000 $0 Revenue 5. General Fund/Section 5311/CARES-SRA Grant 001033-331423-20715 $246,951 $0 Expense General Fund/Agencies/Community Transportation 00111041-088230-54001 $696,951 $0 Coordinator/SRA General Fund/Section 5307 SRA/CARES Act FTA Section 001033-331410-20714 $6,316,645 $0 5307 SRA Grant Revenue General Fund/Section 5307FTA Section 5307-SRA Grant 001033-331410 $2,169,322 $0 6. General Fund/FTA Section 5339 Grant-SRA 001033-331424 $465,235 $0 General Fund/Agencies/Community Transportation 00111041-088230-20714 $6,316,645 $0 Expense Coordinator-CARES Act Section 5307 General Fund/Agencies/Other Machinery& 00111041-066490-54001 $2,634,557 $0 Equipment/SRA1 Revenue CARES ACT/Coronavirus Relief Grant 139033-331600-20701 $6,976,333 $0 CARES ACT/Agencies/United Way 13911069-088006 $975,000 $0 CARES ACT/Agencies/City of Vero Beach 13911069-088110 $610,736 $0 CARES ACT/Agencies/City of Fellsmere 13911069-088115 $209,067 $0 7. Expense CARES ACT/Agencies/Indian River Shores 13911069-088125 $40,000 $0 CARES ACT/Agencies/Treasure Coast Food Bank 13911069-088142 $400,000 $0 CARES ACT/Agencies/State Health Department 13911069-088190 $400,000 $0 CARES ACT/Agencies/Community Transportation Coord. 13911069-088230 $125,000 $0 327 { Exhibit"A" Resolution No:2020- Budget Office Approval: Budget Amendment: BA008 ' Kristin Daniels,Budget Director Entry Type Fund/Department/Account Name Account Number Increase Decrease Number CARES ACT/Agencies/City of Sebastian 13911069-088520 $924,322 $0 CARES ACT/Agencies/Cleveland Clinic Indian River 13911069-088712 $100,000 $0 Hospital CARES ACT/Agencies/Treasure Coast Community Health 13911069-088714 $100,000 $0 CARES ACT/Agencies/Community Support 13911069-088711 $75,000 $0 CARES ACT/Agencies/Orchid 13911069-088713 $15,871 $0 CARES ACT/Sheriff-Law Enforcement 13960086-099040 $769,177 $0 7. lExpense CARES ACT/Budget Transfer-/Clerk 13930086-099020 $112,292 $0 CARES ACT/Budget Transfer/Property Appraiser 13950086-099060 $8,000 $0 CARES ACT/Budget Transfer/Tax Collector 13940086-099070 $110,531 $0 • CARES ACT/Agencies/Small Business Grants 13911059-088715 $250,000 $0 CARES ACT/Agencies/Economic Development&Support 13911059-088716 $250,000 $0 CARES ACT/Agencies/State Agencies 13911069-088717 $100,000 $0 CARES ACT/Fire Rescue/Medicine&Medical Supplies 13912022-035270 $1,401,337 $0 Revenue 911 Surcharge/911-Special Disbursement-COVID 120033-335229-20701 $48,000 $0 8. ,Expense 911 Surcharge/Other Operating Supplies-COVID 19 12013325-035290-20701 $48,000 $0 328 CONSENT AGENDA INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM ' OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: August 12, 2020 THROUGH: Jason E. Brown, County Administrator FROM`. Kristin Daniels,Director, Management&Budget SUBJECT: Renewal of RFP 2019060 FEMA Public Assistance Consulting Services DESCRIPTION AND CONDITIONS On September 10, 2019, the Board ratified the FEMA Public Assistance Consulting Services Agreement with Witt O'Brien's, which had been executed by the County Administrator on August 29, 2019, under authority granted by Resolution 2019-058. The contract has an initial term of one year,with two additional one-year renewals available. ANALYSIS The current agreement will expire on August 28, 2020. Witt O'Brien's has satisfactorily performed the consulting services as detailed in the agreement for the first term of the contract. FUNDING Expenses incurred for work under this agreement are anticipated to be funded through FEMA's reimbursement of direct administrative costs. RECOMMENDATION Staff recommends the Board approve the renewal of the agreement through August 28, 2021, for the first of the available one-year renewal terms, and authorize the Chairman to execute the renewal after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT First Renewal of FEMA Public Assistance Consulting Services Agreement 329 FIRST EXTENSION TO PROFESSIONAL SERVICES AGREEMENT FOR FEMA CONSULTING BETWEEN WITT O'BRIEN'S LLC("CONSULTANT")AND INDIAN RIVER COUNTY ("CLIENT") THIS FIRST EXTENSION to the Professional Services Agreement for FEMA Consulting is entered into this 18th day of August,2020 by and between CONSULTANT and CLEINT. BACKGROUND RECITALS A. On August 29,2019,CONSULTANT and CLIENT entered into the Agreement for Professional Services for FEMA Consulting(the"Agreement"). B.Paragraph 3 of the Agreement contains the period of performance. C.Pursuant to the Agreement,the parties desire to renew the Agreement by this First Extension with the same terms and conditions. NOW,THEREFORE, in consideration of the mutual undertakings herein,and other good and valuable consideration,the parties agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The Professional Services Agreement for FEMA Consulting Services is hereby extended from August 29, 2020 until August 28,2021. 3.All other provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF,the parties have caused this Extension to be executed effective the day and year in which set forth above. COUNTY: ATM OWNER: INDIAN RIVER COUNTY Witt O'Brien's,LLC By: By: Susan Adams,Chairman By: (CORPORATE SEAL) Jason E.Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold,County Attorney Jeffrey R. Smith,Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 330 dv Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management& Budget Date: August 11, 2020 Subject: Freedom Festival Fireworks Funding Background Information For many years, Indian River County has provided assistance towards funding the Lions Club of Sebastian's July 4th fireworks displays. On June 3`d the Lions Club of Sebastian notified the Office of Management and Budget that the July 4th display was postponed due to COVID-19. On June 6th the Lions Club of Sebastian requested assistance in funding $2,500 for the Sebastian Freedom Festival scheduled to be held on September 5th 2020. The Lions Club indicates that the fireworks display will cost a total of$25,000 and to date the City of Sebastian has paid a 50% deposit of$12,500. Funding Funding inthe amount of $2,500 is currently budgeted and available in MSTU/Recreation/Special Events, Account#00410872-041110. Staff Recommendation Staff recommends that the Board of County Commissioners approve funding in the amount of$2,500 for the Freedom Festival fireworks display. Attachments Email dated June 3, 2020 from the Lions Club of Sebastian, Norman Meyer the July 4th Chairman Email dated August 3, 2020 from the City of Sebastian, Brian Benton, CPRP Leisure Services Director 331 From: Norman Meyer To: _ Carol Bergeron Subject: Re:July 4th 2020 Date: Wednesday,June 03,2020 11:51:01 AM CAUTION:This message is from an external source.Please use caution when opening attachments or clicking links. Everything is postponed to Sept. 5, Saturday prior to Labor Day. The, Parade, Festival, Fireworks . Norman On Wednesday, June 3,2020, 10:12:56 AM EDT, Carol Bergeron<cbergeron@ircgov.com>wrote: Good morning Mr. Meyer, I wanted to reach out and find out if you have any information of the July 4th celebration,wondering if the fireworks show is still a go? Carol Bergeron Indian River County Office of Management and Budget 1801 27th St. Vero Beach, FL 32960 Phone 772-226-1214 E-Mail cbergeron@ircgov.com 332 From: bbentonfacitvofsebastian.org To: Carol Bergeron Cc: "Norman Meyer" Subject: RE:City of Sebastian September 5th Fireworks Display Date: Monday,August 03,2020 12:58:36 PM CAUTION:This message is from an external source.Please use caution when opening attachments or clicking links. Carol, Good afternoon.The City Council has decided to proceed with only the fireworks display on September 5th.At this time we are working with the vendor to secure the final permitting and planning to proceed with the display per the direction given by City Council. Please let me know if you have any additional questions. Thank you, rniTIr SEBASTIAN HOME OF PELICAN ISLAND Brian Benton, CPRP Leisure Services Director 772-228-7057 bbentonl)cityofsebastian.org From: Carol Bergeron [mailto:cbergeron@ircgov.com] Sent:.Monday,August 03, 2020 11:52 AM To: Brian Benton Cc: 'Norman Meyer' Subject: City of Sebastian September 5th Fireworks Display CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or clicking links,especially from unknown senders. Hi Brian, I was speaking with Kristin Daniels this morning, she is the Director of the Office of Management and Budget for Indian River County. We are wondering what the likelihood of a fireworks display happening on September 5th with the increase of COVID cases? The Board of County Commissioners has one meeting this month on August 18th, so if you can get back to me by August 11th this would give me enough time to prepare the documents for the meeting. Thanks, 333 Carol 'Bergeron Indian River County Office of Management and Budget 180127th St. Vero Beach, FL 32960 Phone 772-226-1214 E-Mail cbergeron@ircgov.com • 334 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 11, 2020 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. Items highlighted on the list will be disposed of rather than sold, due to their poor condition. FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 081820 Agenda as surplus, and authorize their sale and/or disposal, as indicated. ATTACHMENT: List for 081820 Agenda 335 bO c o � zz } � zz } zzzzzzzz >- >- >- >- } >- >- z zzzzzzzzzzzzzz vo en en M N Tt 00 ‘-.1 m Ln c0N O N COO Is VD M COMO N N csiLD ,� N O Q O W V1 CO = LL Iii Y = S 0 Lei LL `'� vi ei e� e� e-i ei e.1 IN CO 01 00 1n cy m Ci 0 .�-1 CO Lu � QNi '-' 00Tt. ^ N 0 0 0 Z Z LND 2 CO u > 0' 0Cr/' O1 0 a 0 La Ch LO l0 V) M X U 0 Y U- N N > N N J V) Z Z 0_ Y a N N N N z 0 0 d LD N Ch LO m Tr e0.1 iii M Y Y M aa oO (4 N 01 N N OCI O M VI Ci N N In N N ei m Ch m LL 0 .i N > > .-I j tD m m a _ ei p 0 mU N U U U U U ? 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O O O O O O O O O O O O O O O O cc 0r 0: 0r cc cc 0: 0: cc 0: CC 0r C: cc C: 0C cc cc d' Gr cc QV) V1 ,r, In V) V) 0 V) V) V) V) V) V) V) V) Ol 'a W 0000000000000000000000000000000000000 dl N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N a' 0000000000000000000000000000000000000 W \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ V) M V1 V1 VI Vf V) Vf V1 V) Vf V) N V1 V1 N N N N N N N N N N N N N N N N N N N N N N W▪ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -- \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ -- G0 N N N N n N n n n n N n n N n m m m m m m m m m m m m m m m m m m m m m m IX CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator FROM: Richard B.Szpyrka,P.E., Public Works Director SUBJECT: Termination of Award to First Bidder and Award to Second Bidder of Bid #2020041-Exterior Painting at Administration Buildings A and B DATE: August 10,2020 DESCRIPTION AND CONDITIONS On July 7, 2020 the Board approved the award of bid#2020041—Exterior Painting at Administration Buildings A and B to Fivel2 Painting & Remodeling, LLC., in the amount of $67,361.00. Purchasing provided the approved agreement to Five12 Painting&Remodeling LLC.,requested that the agreement be executed,and that the Contractor provide the Indian River County Competency Card for Painting as required in the "Instructions to Bidders" for required licenses to bid the project. The contractor has informed staff that they are not in possession of an Indian River County Competency Card,which was unknown to staff at the time of bidding or award. The process to obtain the competency card can take from one to three months. Fivel2 Painting has indicated willingness to pursue the competency card,but staff would like to begin work on this project as soon as possible. Based on this information staff has reviewed the information provided by the second bidder, Eagle Painting,including possession of a current Indian River County Competency Card,and has concluded that Eagle Painting is the next lowest responsive and responsible bidder. BID RESULTS: Advertising Date: May 14,2020 Bid Opening Date: June 16,2020 Broadcast to: 345 Vendors Bid Documents Downloaded by: 17 Vendors Replies: 8 Vendors Firm Location Bid Price Five12 Painting& Remodeling, LLC Orlando $67,361.00 Eagle Painting Sunrise $69,782.00 Roof Painting By Hartzell Pompano Beach $70,248.00 Mario's Painting and Services, Inc. Hialeah Gardens $84,468.75 Specialized Property Services, Inc. Tampa $87,808.00 A.Thomas Construction, Inc. Fort Pierce $93,000.00 Quick Painting Group Corp. Orlando $96,800.00 Abacron (*DQ—mandatory addenda not acknowledged) Tampa DQ 341 Page 2 Rejection of Award to First Bidder and Award to Second Bidder of Bid#2020041- Exterior Painting at Administration Buildings A and B For August 18,2020 BCC Meeting FUNDING Funding in the amount of $69,782.00 is budgeted and available in General Fund/Facilities Management/Other Contractual Services/Sealing/Painting Admin Buildings-Account#00122019- 033490-19012. RECOMMENDATION: Staff recommends that the Board terminate the award of bid 2020041 to Five12 Painting and Remodeling,LLC,award bid 2020041 to the second bidder,Eagle Painting in the amount of$69,782.00, approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, receipt and approval of the required insurance. APPROVED AGENDA ITEM FOR:August 18. 2020 342 C:\Granicus\Legista r5\L5\Temp\ddd6b554-c41a-4c5c-816c-ad2fa9dad2aa.doc Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida,(hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Exterior Painting at Indian River County Administration Buildings ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Exterior Painting at Indian River County Administration Buildings A& B Bid Number: 2020041 Project Address: 1800 and 1801 27th Street,Vero Beach ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones,if any,Substantial Completion,and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 90th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work.The parties also recognize the delays, expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,instead of requiring any such proof,OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty),CONTRACTOR shall pay OWNER$566.00 for each calendar day that expires after the time specified in paragraph 3.02 343 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B,below: A. :For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$ Written Amount: ARTICLE 5-PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act,Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents,together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed.After fifty percent(50%)completion,and pursuant to Florida Statutes section 218.735(8)(d),the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute;the subject of a claim pursuant to Florida Statutes section 344 255.05(2005);or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent(5%)after fifty percent(50%) completion;and 2)CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part,with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however,final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. 345 C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions(surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement(pages 1 to_, inclusive); (2) Notice to Proceed (3) Public Construction Bond(pages to , inclusive); (4) Certificate(s)of Liability Insurance (5) Invitation to Bid 2020041 (6) Addenda(numbers to ,inclusive); 346 (7) CONTRACTOR'S Bid Form (pages_to ,inclusive); (8) Bid Bond(pages_inclusive); (9) (10) Drug Free Workplace Form (pages_to ,inclusive) (11)Affidavit of Compliance(page_); (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships(pages_to_,inclusive); (13)Certification Regarding Prohibition Against Contracting with Scrutinized Companies (14)Certification Regarding Lobbying (15)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto,its partners,successors,assigns,and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 347 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR,who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,Florida,or,in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements.If the contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 348 (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification,CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however,that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 349 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or been engaged in business operations in Cuba or Syria,as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries,and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 350 This Agreement will be effective on ,20 (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 351 CONSENT: 8/18/2020 ciN 1y Office of i; . 2 INDIAN RIVER COUNTY ' 'f ATTORNEY Dylan Reingold,County Attorney William K. DeBraal,Deputy County Attorney Susan J. Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K.DeBraal-Deputy County Attorney DATE: July 16,2020 SUBJECT: Resolution Cancelling Taxes on Property Dedicated to Indian River County for Public Purpose(57th Street Right-Of-Way) A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property dedicated to Indian River County: Public Purpose: 57th Street right-of-way Location/Description: Portion of former Parcel #32-39-18-00001-0060-00004.0 Dedicated by: Annefrances Holahan,Trustee of the Annefrances Holahan Living Trust dated April 4, 2018 Instrument: Warranty Deed,recorded in Book 3225,Page 1421 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property dedicated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan-Tax Collector Wesley Davis-Property Appraiser 352 I dedicated by Annefrances Holahan,Trustee of the Annefrances Holahan Living Trust dated April 4,2018 public purpose: 57th Street right-of-way part of former tax parcel#32-39-18-00001-0060-00004.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 353 RESOLUTION NO. 2020- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that anyand all liens for taxes delinquent or current against the q 9 following described lands which were dedicated by Annefrances Holahan, Trustee of the Annefrances Holahan Living Trust dated.April 4, 2018 to Indian River County for 57th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Warranty Deed describing lands, recorded in O.R. Book 3225, Page 1421, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 18th day of August, 2020. 354 RESOLUTION NO. 2020- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ -0- Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 355 CONSENT: 8/18/2020 Office of • INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K. DeBraal,Deputy County Attorney Susan" Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K.DeBraal-Deputy County Attorney DATE: July 13,2020 SUBJECT: Resolution Cancelling Taxes on Property Donated by Florida Power&Light Company to Indian River County for Public Purpose(16th Street and 98th Avenue Right-Of-Way) A Resolution has been prepared for the purpose of earmarking the public use of the property and cancelling any delinquent, omitted or current taxes which may exist on the following property donated to Indian River County: Public Purpose: 16th Street and 98th Avenue right-of-way Location/Description: Portion of Parcel 33-38-09-00001-0010-00001.0 Donated by: Florida Power&Light Company Instrument: Special Warranty Deed of Donation,recorded in Book 3318,Page 1505 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property donated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachment: Resolution cc: Carole Jean Jordan-Tax Collector Wesley Davis-Property Appraiser 356 donated by Florida Power&Light Company public purpose: 16th Street and 98th Avenue right-of-way part of tax parcel#33-38-09-00001-0010-00001.0 RESOLUTION NO. 2020- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED, LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 357 RESOLUTION NO. 2020- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were donated by Florida Power & Light Company to Indian River County for 16th Street and 98th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See Special Warranty Deed of Donation describing lands, recorded in O.R. Book 3318, Page 1505, of the Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams, Chairman Commissioner Joseph E. Flescher, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 18th day of August, 2020. 358 RESOLUTION NO. 2020- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding X Yes No Current Prorated Tax Received and Deposited with Tax Collector $ 711.30 Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney 359 8/18/2020 M CONSENT 4v Office of .s x INDIAN RIVER COUNTY yl ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J.Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal —Deputy County Attorney DATE: August 6,2020 SUBJECT: Release of Emergency Access Right to Tract C,VeroLago Phase 1 In 2004 a Developer's Agreement was entered into with regard to site access and stormwater management improvements for North Lakes Subdivision, now known and platted as the VeroLago development. A requirement in that agreement was that an emergency access off of 58th Avenue was to be located near the southern corner of the site,and that access,together with the 57th Street access,was sufficient to allow the development to proceed to full use and occupancy. The agreement further stated that when the bridge over the North Relief Canal was constructed and when the segment of 53rd Street between the southern entrance and 58th Avenue is,in service, that the emergency access may be abandoned. In 2005,the plat of VeroLago Phase 1 was recorded in Plat Book 20,Page 17 of the Public Records of Indian River County, Florida wherein Tract C(located between Lots 19 and 20 and abutting the east right-of-way of 58th Avenue)was earmarked as an Access Tract and dedicated in perpetuity to VeroLago Homeowners Association,Inc.for ingress and egress to and from Phase 1 through Phase 5 of the VeroLago development during construction, and was also dedicated for emergency ingress and egress purposes by all public authorities, including but not limited to police, fire, ambulance, Indian River County Mosquito Control District and utility providers,with the perpetual maintenance obligation lying with VeroLago Homeowners Association, Inc. VeroLago Homeowners Association, Inc.("Association") has made application for administrative approval to construct a wall within Tract C of VeroLago Phase 1, and has provided documentation whereby the Association has abandoned its access right to Tract C. Before the application can be approved,however, it will be necessary for the County to abandon/release its emergency ingress and egress right to the tract. 360 ANALYSIS Since the bridge over the Main Relief Canal is constructed and the segment of 53rd Street between the southern entrance and 58th Avenue is in service, a second access point into the development has been afforded, thus the right to Tract C for emergency ingress and egress is no longer needed and can be abandoned/released, however the underlying utility easements and limited access easements within Tract C should continue to remain in place. FUNDING The only cost associated with this item is for recording the Release of Emergency Access Right which is in the amount of $18.50. Funds are budgeted and available in Account No. 00110214-034830(General Fund/County Attorney/Recording Fees). RECOMMENDATION Staff recommends approval of the Release of only the emergency access right to Tract C and requests the Board authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. /nhm attachment cc: John P.Carrigan,Esq.(attorney for VeroLago Homeowners Association,Inc.) 361 Prepared by: Office of County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1425 RELEASE OF EMERGENCY ACCESS RIGHT WHEREAS, on June 8, 2004 a Developer's Agreement was entered into between Indian River County and Newport North Holdings, LLC for North Lakes Subdivision (now known as the VeroLago development) with regard to site access and stormwater management improvements; and WHEREAS, within that Developer's Agreement, paragraph numbered 4 required that the development would include an emergency access off of 58th Avenue, to be located near the southern corner of the site, and that access, together with the 57th Street access was sufficient to allow the development to proceed to full use and occupancy; and it further stated that in the event the bridge over the North Relief Canal is constructed, and the segment of 53rd Street between the southern entrance and 58th Avenue is in service, that the emergency access may be abandoned; and WHEREAS, on October 20, 2005, the plat of VeroLago Phase 1 was recorded in Plat Book 20, Page 17 of the Public Records of Indian River County, Florida wherein Tract C (located between Lots 19 and 20 and abutting the east right-of-way of 58th Avenue) was earmarked as an Access Tract and dedicated in perpetuity to VeroLago Homeowners Association, Inc. for ingress and egress to and from Phase 1 through Phase 5 of the VeroLago development during construction, and was also dedicated for emergency ingress and egress purposes by all public authorities, including but not limited to police, fire, ambulance, Indian River County Mosquito Control District and utility providers, with the perpetual maintenance obligation lying with VeroLago Homeowners Association, Inc.; and WHEREAS, the bridge over the North Relief Canal has been constructed, and the segment of 53rd Street between the southern entrance and 58th Avenue is in service, thus affording a second access point into the development, and meeting the requirements for the release and abandonment of the emergency ingress and egress right within Tract C, NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA hereby determines that: 1. The above "Whereas" clauses are true and correct, and hereby incorporates such clauses as findings of the Board; and 2. The dedication of the emergency ingress and egress within Tract C of the plat of VeroLago Phase 1, as recorded in Plat Book 20, Page 16, is no 362 longer needed, and the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, hereby releases and abandons all right, title and interest that it may have in and to the emergency ingress and egress right within Tract C of the plat of VeroLago Phase 1, however the underlying utility easements and limited access easements within Tract C are to remain in place. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused these presents to be executed in its name by its Chairman this day of August, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and BCC approved: Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of physical presence, this day of August, 2020 by Susan Adams, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: signature: printed name: Commission No.: Commission Expiration: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William K.DeBraal Deputy County Attorney 363 MEMORANDUM TO: The Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: William K. DeBraal, Deputy County Attorney DATE: August 13, 2020 SUBJECT: Ratification of Lease Amendment with Mattress Firm, Inc. When the County purchased the Sebastian Corners shopping complex, one of the tenants was Mattress Firm, Inc., with a lease running until April, 2022. As a result of the Governor's initial Emergency Order on the Corona Virus, all non-essential stores were ordered to be closed to the public. While there were a number of exceptions to the Order, mattress stores did not fall within any of the exceptions. In compliance with the Order, Mattress Firm temporarily closed its Sebastian Corners store. The store was closed during the months of April and May of this year. As a result of the closing, Mattress Firm asked for an abatement of the rent during the two months they were forced to close. The monthly base rent is $4,712.00 for a total abatement of$9,424.00 In exchange for forgiving the two months of rent, Mattress firm offered to extend their existing lease for two months, extending their current lease until June 30, 2022. Mattress Firm is now open and current with all recent rental obligations. FUNDING. There is no impact to County funds with this Amendment to Lease. RECOMMENDATION. Staff recommends the Board ratify the County Administrator's approval of the abatement of two months of rent ($9,424.00) for Mattress Firm pursuant to the authority of IRC Code §105.01. Attachments: Amendment to Lease Copy to: Richard Kim, Mattress Firm via email to: Richard.KimMFRM.com Monique Filipiak, Land Acquisition Specialist: mfilipiak(c�ircgov.com 364 DocuSign Envelope ID:5F1 C5B12-FF9D-4036-9548-BA64F2A5F4A2 Mattress Finn#052123 AMENDMENT TO LEASE This Amendment to Lease(this "Amendment") is made effective August 11 2020 between Indian River County("Landlord"),and Mattress Firm,Inc.("Tenant"). RECITALS WHEREAS,Landlord and Tenant executed that certain lease agreement dated 3/19/2010(as amended from time to time thereafter,the"Lease"),in regard to certain premises located at 1919 US Highway 1,Sebastian, FL(the"Premises"),as more particularly described in the Lease; WHEREAS,as a result of the increasing concerns surrounding the spread of the COVID-19 virus in the United States, as well as the recommendations or mandates by federal, state and local authorities to minimize public interaction and,in some areas,temporarily close non-essential retail establishments,Tenant is required to reduce its hours of operation at the Premises and may be required to temporarily cease operations at the Premises; and WHEREAS,Landlord and Tenant desire to modify certain terms and conditions of the Lease. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed,Landlord and Tenant hereby agree as follows: 1. Notwithstanding anything to the contrary contained in the Leasc, base rent for the period commencing April 1,2020 and expiring May 31,2020(the"Suspension Period")is hereby abated and deemed forgiven.Tenant shall continue to pay all additional rents due under the Lease during the Suspension Period. 2. During the Suspension Period, Landlord hereby waives all recapture rights, non-monetary defaults and events of default,if any,that may arise as a result of Tenant's reduction in hours or temporary closures at the Premises. In addition, notwithstanding anything in the Lease to the contrary, Landlord hereby waives all defaults and events of default,if any,arising out of Tenant's failure to timely pay rent,including additional rent, in whole or in part,when due from April 1,2020 until the effective date of this Amendment. 3. Landlord and Tenant hereby agree that the current term of the Lease is hereby extended for a two(2)month period,and therefore,the current term of the Lease expires on June 30,2022. Base rent and other amounts accruing during such extended period shall be at the same rates in effect immediately prior to the start of such extended period. This extension shall have no impact on any existing option or renewal rights of Tenant, which shall continue in full force and effect. Further, this extension shall not be deemed tobe an extension, exercise or acceptance of any auto-renewal,option term or renewal term. For purposes of clarity,Landlord and Tenant acknowledge and agree that the respective commencement and expiration date of the Option Term shall also be extended by two(2)months,such that the Option Term,if exercised by Tenant,shall each be for five(5) years. 4. Landlord and Tenant each represents to the other that the party signing this Amendment on its behalf has the authority to do so and has received all necessary consents and approvals to enter into the agreement set forth in this Amendment and such agreement shall be binding upon Landlord and Tenant and their respective successors and assigns. Except as modified as set forth in this Amendment,all of the terms and provisions of the Lease remain unchanged and in full force and effect and Landlord and Tenant ratify and confirm same.Landlord and Tenant acknowledge and agree that the l,ease,as modified by this Amendment,sets forth the entire agreement between Landlord and Tenant.In ease of any conflict between the terms andP rovisions of the Lease and the terms and provisions of this Amendment,the terms and provisions of this Amendment shall control. 5. This Amendment may be executed in counterparts,each of which shall constitute an original, and which together shall constitute one and the same agreement: This Amendment may be executed or delivered by electronic or facsimile means, and copies of executed signature pages stored electronically in portable document format (.pdf) shall be binding as originals. Neither party shall record this Amendment without the express prior written consent of the other. (SIGNATURE PAGE TO FOLLOW) O ) Mattress Firm#052123 365 DocuSign Envelope ID:5F105B12-FF9D-4036-9548-BA64F2A5F4A2 Mattress Firm#052123 IN WITNESS WHEREOF,the parties hereto have executed this Amendment effective as of the day and year first above written. Landlord: Tenant: Indian Riv,, Co' ty Mattress Firm,Inc. r—DocuSigned by: By: y• Randy Carl i —i7ta+r5rnbtsLAba... Name:Jason .rril n Name: Its:County A•mini trator. Its: chief Real Estate officer Pursuant tLI C Code§105.01 APPROVEJD AS TO FOR 71,1 AND LEGAL SUFF 1N'" �Idt4_Li ‘M K.DEBT AML DEPUTY COUNTY ArTDRNE r Mattress Firm#052123 366 grit MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 10, 2020 SUBJECT: Street Lighting Agreement Terminations BACKGROUND. Over twenty years ago, Indian River County entered into Street Lighting Agreements with various neighborhood associations for the purpose of obtaining street lighting systems from the City of Vero Beach for lighting in their communities. The Street Lighting Agreements automatically renewed every five years since 1998. There are seven of these Street Lighting Agreements that are still valid and in effect. In 2018, FPL purchased the City of Vero Beach electric utility. FPL and Indian River County would like to terminate the Street Lighting Agreements so that these neighborhoods directly contract with FPL for such service. Therefore, in July, the County Attorney's Office sent letters and Terminations to the seven associations requesting their execution of Terminations of the Street Lighting Agreements. The Terminations would have the effect of terminating the Street Lighting Agreements as of September 30, 2020. The County Attorney's Office has received executed Terminations from Glendale Industrial Park, Inc., Shadow Brook Property Owners Association, Inc., and Sundowners Property Owners Association, Inc. We are still waiting for responses from Dunmore Homeowners Association, Little Harbour Club, Inc., Citrus Medical Plaza, and Tropic Villas North Homeowner Association. The County Attorney's Office recommends that the Board authorize the chairman to execute the Terminations that have been returned and other Terminations the County Attorney's Office receives going forward. Once both parties have signed the Termination, the County Attorney's Office will provide FPL with the following information, which will allow FPL to transfer the account. 1) IRCO street light account number; 2)The actual light information- location, lumens,wattage and component ID; 3) HOA street light account number if they have one, or Sunbiz name and Tax ID number, if they do not have an existing account with FPL; and 4)HOA point of contact information. 367 Board of County Commissioners August 10, 2020 Page 2 FUNDING. The electric bills associated with these lights are funded from the Singe Streetlight Fund, which is funded by assessment revenue received from each of the seven agreements. Once the agreements are terminated, the Single Streetlight Fund will no longer be utilized. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the chairman to execute the Terminations the County Attorney's Office has received and the Terminations received going forward and authorize County staff to provide FPL with the information needed to transfer the accounts. ATTACHMENTS Form Termination 368 TERMINATION OF STREET LIGHTING AGREEMENT THIS TERMINATION OF STREET LIGHTING AGREEMENT ("Termination") is entered into as of the day of , 2020 by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, whose address is 1801 27th Street,Vero Beach,Florida,hereinafter referred to as"County",and a Florida , whose address is , hereinafter referred to as "Association": RECITALS WHEREAS,on ,Association executed a Street Lighting Agreement for the purpose of obtaining the necessary energy and street lighting systems from the City of Vero Beach for lighting described as follows: WHEREAS,FPL has taken over the City of Vero Beach electric utility; and WHEREAS,the parties wish to terminate the Street Lighting Agreement so that the Association can directly contract such services with FPL, NOW THEREFORE, in consideration of the mutual undertakings herein stated and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Termination of Street Lighting Agreement. The Street Lighting Agreement shall terminate on September 30,2020. IN WITNESS WHEREOF,the parties have caused this agreement to be duly executed at Vero Beach on the date set forth above. Name of Association INDIAN RIVER COUNTY,FLORIDA By: By: Susan Adams,,Chairman Title: Board of County Commissioners ATTEST: Jeffrey R. Smith,Clerk of APPROVED AS TO FORM: Courts and Comptroller By: Deputy Clerk Dylan Reingold, County Attorney 369 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 30, 2020 SUBJECT: Sebastian Inlet District Perpetual Beach Management and Sand By-Passing Easement BACKGROUND. The Sebastian Inlet District ("District") is responsible for constructing, improving, widening, deepening and otherwise maintaining the inlet connecting the Indian River and the Atlantic Ocean located between Indian River County and Brevard County. As part of its responsibilities, the District bypasses beach compatible sand onto the beaches south of the Sebastian Inlet and within northern Indian River County. On average, bypassing projects occur every 4-5 years and coincide with maintenance dredging of the Sebastian Inlet sand trap and navigational channel. On occasion, the District may also truck haul additional beach compatible sand onto the beaches to achieve its bypassing objective. In response to observed conditions and a formal request for consideration submitted by the North Beach Civic Association on January 13, 2020, the District Commission has authorized a sand bypassing project, via truck haul, to restore sand along the dunes in northern Indian River County. The dune repair project is currently planned for November/December 2020. The project will add approximately 50,000 cubic yards of beach-quality sand along a 1 Y2-mile stretch of beach to the South of Sebastian Inlet starting at McLarty Treasure Museum and ending just South of Ambersand beach access. Much like County beach renourishment projects, the District is requiring a beach management and sand by-passing easement (Easement) from all property owners within the project areas. The District is requesting the County execute the attached easements for the County properties at 12566 Highway AlA (Ambersand Beach Park) and 12900 Highway Al.A. The District has requested that the executed easements be returned no later than September 1, 2020. After receipt of the letter from Mr. Gray, Mr. Gray indicated that the District needed the same easement for the property located just south of the McLarty Treasure Museum,which is also owned by the County. FUNDING. There is no funding associated with this matter. 370 Board of County Commissioners July 30, 2020 Page 2 RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners authorize the chairman to execute the easements for the three properties. ATTACHMENTS Letter from James D. Gray, Jr., dated July 16, 2020 Perpetual Beach Management and Sand By-Passing Easement 371 2019-2020 July 16, 2020 COMMISSIONERS Indian River County JENNY LAWTON SEAL (LOC 4100 #5239) Chair 1801 27th St Seat 1 Brevard County Vero.Beach, Fl 32960 MICHAEL ROWLAND Vice Chair Dear Indian River County: Seat 3-Brevard County CHRIS HENDRICKS By special act of the Florida Legislature in 1919, the Sebastian Inlet Secretary/Treasurer District (District) was created to construct, improve, widen, deepen and Seat -Indian River County maintain the Inlet between the Indian River and the Atlantic Ocean. The District also has the duty and power to conduct such programs and projects BETH MITCHELL for sand bypassing (beach re-nourishment), erosion control, Seat 2-Indian River County environmental protection, navigation, boating, recreation, and public LISA FRAZIER safety for the operation and maintenance of the Inlet and the waters of the Seat 5 Brevard County Atlantic Ocean and Indian River Lagoon adjacent thereto. In compliance with our Charter and following receipt of all regulatory JAMES D.GRAY,JR. permits, the District bypasses beach compatible sand onto the beaches Executive Director south of the Inlet and within northern Indian River County. On average, bypassing projects occur every 4-5 years and coincide with maintenance dredging of the Sebastian Inlet sand trap and navigational channel. On occasion, the District may also truck haul additional beach compatible sand onto the beaches to achieve its bypassing objective. Sebastian Inlet District professional staff have been actively monitoring the condition of beaches fronting your property, as impacted by several strong Nor'easters in January and early February of this year. In response to observed conditions and a formal request for consideration submitted by the North Beach Civic Association on January 13, 2020, the District Commission has authorized a sand bypassing project, via truck haul, to restore sand along the dunes in northern Indian River County. The dune repair project is currently planned for November/December 2020 and will be conducted outside sea turtle nesting season. The District has engaged Applied Technology Management (ATM) to draft design specifications and manage construction of the project. 372 The project will add approximately 50,000 cubic yards of beach-quality sand currently stored in the District's Dredged Material Management Area(DMMA) to complete beach and dune repairs along a 1 Y2-mile stretch of beach to the South of Sebastian Inlet starting at McLarty Treasure Museum and ending just South of Ambersand beach access, as denoted by Florida Department of Environmental Protection (FDEP) R-monuments, R-10 to R-17. Adding sand to the beach and dune system provides coastal resiliency benefits to your property by making the dune system less vulnerable to impacts from coastal storms. As with most beach projects, sand is placed landward and seaward of the Mean High Water Line (MHWL). The sandy beach seaward of the MHWL is public property. However, the portions of the beach landward of the MHWL and seaward of the vegetative dune line is your private property. In order to proceed with sand fill projects,the District will require a beach management and sand by-passing easement (Easement) from all property owners within the project areas. Granting of an Easement is a standard requirement whenever a public agency places sand onto private portions of the beach as part of a beach restoration project. The Easement will permit the District to professionally construct a modest dune and beach feature thereby enhancing a FDEP designated critically eroded beach and provide increased storm protection benefits to your property. The District is not requesting access on or across any other part of your property. All construction activities will be taking place seaward of the vegetative dune line. Granting of Easement The person(s)who hold the title to the property must sign the Easement in the presence of a Notary Public and two (2) subscribing witnesses who do not have an interest in the property. If there are multiple persons who hold title to the property, each must sign the Easement, with each of the signatures similarly witnessed. To avoid project construction delays, please return the signed original easement, no later than September 1, 2020,to the District in the enclosed, self-addressed envelope. If you own more than one property in the project area, you will receive a separate easement package for each property you own. Should you have any questions about the project or the Easement, I would be happy to discuss them personally with you. I can be reached at(321) 724-5175 or via email at jgray@sitd.us. You can also find additional information regarding our charter and State mandates, ongoing programs and projects and the Sebastian Inlet District Commission at www.sitd.us. Respectfully, James D. Gray, Jr. Executive Director Enclosures 373 2019-2020 July 16,2020 COMMISSIONERS Indian River County JENNY LAWTON SEAL (LOC 4100#5006) Chair 1801 27th St Seat 1-Brevard County Vero.Beach,Fl 32960 MICHAEL ROWLAND Vice Chair Dear Indian River County: Seat 3-Brevard County CHRIS HENDRICKS By special act of the Florida Legislature in 1919, the Sebastian Inlet Secretary/Treasurer District (District) was created to construct, improve, widen, deepen and Seat 4-Indian River County maintain the Inlet between the Indian River and the Atlantic Ocean. The District also has the duty and power to conduct such programs and projects BETH MITCHELL for sand bypassing (beach re-nourishment), erosion control, Seat 2-Indian River County environmental protection, navigation, boating, recreation, and public LISA FRAZIER safety for the operation and maintenance of the Inlet and the waters of the Seats Brevard County Atlantic Ocean and Indian River Lagoon adjacent thereto. In compliance with our Charter and following receipt of all regulatory JAMES D.GRAY,JR. permits, the District bypasses beach compatible sand onto the beaches Executive Director south of the Inlet and within northern Indian River County. On average, bypassing projects occur every 4-5 years and coincide with maintenance dredging of the Sebastian Inlet sand trap and navigational channel. On occasion, the District may also truck haul additional beach compatible sand onto the beaches to achieve its bypassing objective. Sebastian Inlet District professional staff have been actively monitoring the condition of beaches fronting your property, as impacted by several strong Nor'easters in January and early February of this year. In response to observed conditions and a formal request for consideration submitted by the North Beach Civic Association on January 13, 2020, the District Commission has authorized a sand bypassing project, via truck haul, to restore sand along the dunes in northern Indian River County. The dune repair project is currently planned for November/December 2020 and will be conducted outside sea turtle nesting season. The District has engaged Applied Technology Management (ATM) to draft design specifications and manage construction of the project. 374 The project will add approximately 50,000 cubic yards of beach-quality sand currently stored in the District's Dredged Material Management Area (DMMA) to complete beach and dune repairs along a 11/2-mile stretch of beach to the South of Sebastian Inlet starting at McLarty Treasure Museum and ending just South of Ambersand beach access, as denoted by Florida Department of Environmental Protection (FDEP) R-monuments, R-10 to R-17. Adding sand to the beach and dune system provides coastal resiliency benefits to your property by making the dune system less vulnerable to impacts from coastal storms. As with most beachro'ects sand i p � s placed landward and seaward of the Mean High Water Line (MHWL). The sandy beach seaward of the MHWL is public property. However,the portions of the beach landward of the MHWL and seaward of the vegetative dune line is your private property. In order to proceed with sand fill projects,the District will require a beach management and sand by-passing easement (Easement) from all property owners within the project areas. Granting of an Easement is a standard requirement whenever a public agency places sand onto private portions of the beach as part of a beach restoration project. The Easement will permit the District to professionally construct a modest dune and beach feature thereby enhancing a FDEP designated critically eroded beach and provide increased storm protection benefits to your property. The District is not requesting access on or across any other part of your property. All construction activities will be taking place seaward of the vegetative dune line. Granting of Easement The person(s)who hold the title to the property must sign the Easement in the presence of a Notary Publicand two (2) subscribing witnesses who do not have an interest in the property. If there are multiple persons who hold title to the property, each must sign the Easement, with each of the signatures similarly witnessed. To avoid project construction delays, please return the signed original easement, no later than September 1,2020,to the District in the enclosed, self-addressed envelope. If you own more than one property in the project area, you will receive a separate easement package for each property you own. Should you have any questions about the project or the Easement, I would be happy to discuss them personally with you. I can be reached at(321) 724-5175 or via email at jgray@sitd.us. You can also find additional information regarding our charter and State mandates, ongoing programs and projects and the Sebastian Inlet District Commission at www.sitd.us. Respectfully, James D. Gray, Jr.. Executive Director Enclosur 375 Perpetual Beach Management and Sand By-Passing Easement Grantor: INDIAN RIVER COUNTY, a political subdivision of the State of Florida Grantee: Sebastian Inlet Tax District, Florida, an Independent Special District of the State of Florida, 114 Sixth Avenue, Indialantic, Florida 32903 Re: 12566 HIGHWAY A 1 A VERO BEACH, FLORIDA 32963 Part of Parcel No. 30-39-33-00001-0000-00006.0 Date: , 2020 In consideration of the sum of ten dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee, its agents and successors and assigns, an assignable perpetual easement and right-of-way in, on, over and across the land described in Schedule A for use by Grantee, its representatives, agents, contractors and assigns, to construct, maintain,repair,rehabilitate and replace a public beach and dune system and other erosion control and storm damage reduction management,together with appurtenances thereto. This includes the right to deposit sand,alter sand and contours on said land to construct berms and dunes,to nourish and re-nourish periodically, to move and temporarily store equipment and supplies, to erect and remove temporary structures including pumps and pipes and otherequipment, and to perform any other work necessary and incidental to the construction, periodic re-nourishment, maintenance, implementation, management and monitoring of the Sebastian Inlet Tax District Management Plan, as may be amended from time to time,together with the right of the public to use and access for recreational purposes the sandy beach area of the property for beach swimming, sun bathing and other traditional beach recreational activities, to protect and monitor nesting sea turtles and hatchlings from the adverse effects of anthropogenic activity as required by state, local or government authorities as required by any permits to conduct the activity permitted by the Management Plan and this Easement, to plant vegetation on said dunes and berms, to facilitate preservation of the dunes and vegetation provided, however, the Grantor shall retain the right to construct a crossover across the Easement provided all applicable state, federal and local permits and approvals are obtained and to do all other necessary and incidental work to place sand on the beach to protect the beach and dune systems. None of the rights granted hereunder are intended to provide the Grantee the right to prohibit or restrict the Grantor or its successors and assigns from using and enjoying the sandy portion of the beach within the lands described in Schedule A. 377 IN WITNESS WHEREOF,Grantor has herein set its hand and seal the day and year written above. INDIAN RIVER COUNTY, a political subdivision of the State of Florida GRANTOR By: Susan Adams, Chairman Board of County Commissioners BCC authorized: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical presence or❑ online notarization,this day of August, 2020, by Susan Adams, as Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who ❑ is personally known to me, or ❑ produced as identification. Notary Public Signature [AFFIX NOTARY SEAL] Print Notary Name: Commission No.: My commission expires: 378 �1-1--= 3 to =' .-C d ,I7,, 0 50 n .' r.OAi 00.411. ,z �ri'��ate:-, .1s0�0. i � c ,� . 000l600•Ot ' ` , 14l!OlO0t0••••••• WASA tl . ,-- $,' Ir •0! ! i0• I * t0lOt '' ' - ,• �!!0/�4).- O.•00•• 4., , , . ,.,, `1 v. OCOOA000!! OIj'"' ti if., u �i4.0s@Ot. /000/OO�. . t . . # .y ,,. �J , 1 nF0lll0!!!G ,fn , ", v?-r '-, l0000•0!. ! - C .r s'w, G , • .C7 ./ ,mow .f-•\ 4 h . ` r '� M i R ' -NI ' • � ,e t '' ' 'C �'-! .i,�=:.F - '44 ,X 0.'7 • ti- ) i` i� • . 11'.I A .. • ` s 4 • •' • t ',V7• - y ♦/so, ') S'i ; 1.�i ryr •i .j•.r ;;4.•40 _ \\ l4%T' - Y_ i NOTES: ti ( gl ( ) 1. EROSION CONTROL LINE ECL x • � - fir'':' �. -. 9v.- 'kr,y, 1 ESTABLISHED JANUARY 10,2003 AND AS �} r , I • i AS OBTAINED FROM FLORIDA ,' ',I . '; t;�: DEPARTMENT OF ENVIRONMENTAL ;V c r e1 PROTECTION(FDEP). i 4. ' . y i j , til ., 2. LANDWARD LIMIT OF EASEMENT IS THE ."" . ••`'>r ;tr.• •• .I •1 SEAWARD MOST EDGE OF VEGETATION '. ?. `: ,: AS SURVEYED ON JUNE 10,2020 BY LAND 1� `' 1 &SEA SURVEYING CONCEPTS,INC.. e- tl • w` y al, i 3. PARCEL LOT LINES AS OBTAINED BY • I k ' FLORIDA GEOGRAPHIC DATA LIBRARY --- - t i �a • -1 t (FGDL)METADATA EXPLORER. C.• 3 I - \ f 4. AERIAL PHOTOGRAPHY DATED 2019. .4.: 4 , �t �- �` Ar , ) Y¢ LEGEND , .a .' SEAWARD MOST EDGE OF VEGETATION ` 1 �`r, ' S IP • -- ' EROSION CONTROL LINE(ECL) „ V ' o o ET=E7 SUBJECT PROPERTY PARCEL LOT LINES --' �' ADJACENT PROPERTY PARCEL LOT LINES �� Y , I !i!i!i!i!i!i!i!•.. AREA OF CONSTRUCTION EASEMENT l.. ,- .,,' ^t '4 ' '.ti A ?. x a SCHEDULE A �" '"`TOo- g SKETCH OF EASEMENT � ^`' , , 12566 HIGHWAY Al A VERO BEACH, FL 32963 \:,;:. •;..--"'' Perpetual Beach Management and Sand By-Passing Easement Grantor: INDIAN RIVER COUNTY, apolitical subdivision of the State of Florida Grantee: Sebastian Inlet Tax District,Florida, an Independent Special District of the State of Florida, 114 Sixth Avenue, Indialantic, Florida 32903 Re: 12900 HIGHWAY AIA VERO BEACH, FLORIDA 32963 Part of Parcel No. 30-39-33-00001-0000-00000.1 Date: , 2020 In consideration of the sum of ten dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee, its agents and successors and assigns, an assignable perpetual easement and right-of-way in, on, over and across the land described in Schedule A for use by Grantee, its representatives, agents, contractors and assigns, to construct, maintain,repair,rehabilitate and replace a public beach and dune system and other erosion control and storm damage reduction management,together with appurtenances thereto. This includes the right to deposit sand,alter sand and contours on said land to construct berms and dunes,to nourish and re-nourish periodically, to move and temporarily store equipment and supplies, to erect and remove temporary structures including pumps and pipes and other equipment, and to perform any other work necessary and incidental to the construction, periodic re-nourishment, maintenance, implementation, management and monitoring of the Sebastian Inlet Tax District Management Plan, as may be amended from time to time,together with the right of the public to use and access for recreational purposes the sandy beach area of the property for beach swimming, sun bathing and other traditional beach recreational activities, to protect and monitor nesting sea turtles and hatchlings from the adverse effects of anthropogenic activity as required by state, local or government authorities as required by any permits to conduct the activity permitted by the Management Plan and this Easement, to plant vegetation on said dunes and berms, to facilitate preservation of the dunes and vegetation provided, however, the Grantor shall retain the right to construct a crossover across the Easement provided all applicable state, federal and local permits and approvals are obtained and to do all other necessary and incidental work to place sand on the beach to protect the beach and dune systems. None of the rights granted hereunder are intended to provide the Grantee the right to prohibit or restrict the Grantor or its successors and assigns from using and enjoying the sandy portion of the beach within the lands described in Schedule A. 380 IN WITNESS WHEREOF,Grantor has herein set its hand and seal the day and year written above. INDIAN RIVER COUNTY, a political subdivision of the State of Florida GRANTOR By: Susan Adams, Chairman Board of County Commissioners BCC authorized: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical presence or❑ online notarization,this day of August, 2020, by Susan Adams, as Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who ❑ is personally known to me, or ❑ produced as identification. Notary Public Signature [AFFIX NOTARY SEAL] Print Notary Name: Commission No.: My commission expires: 381 , fl." !tom^ . r • r' 1.. Z Yir .441 '''" 11y s• --•• < 40 tri Scale in Feet '" o•*".• X4,40,4 l +• .."` ty ,- ,.,,,-;.:A.,-il,.:,-,,:-...„.;;;- ,. l.� .....:4.51-:, :r ,...b—e.. . ..c., -.....-,:' 1 .tgt; -";---- . , , , ., , _, , —.. . ,04•..4.1 4 a.e ..., •,i^- - - .- - •••••••• ....-'7E .•`;' r•.. a' .: Oi1•♦ • \.4..0,:i44:,;1,.•:;:`.11-"' tip. c.; �/ , i •• •••vO�4 •�C'� • F ` .' -i • `'t. . `. 4..'.F 1' .� .1t.4• -• !>, •• fl����.�� •• .. •-,T, l2 •.. _-.-"moi,-.✓ ��r+ ,•'.• I;-.�.,& ,gyp — '�•_*•_• 1: „.41 t:•'./. ...;..:;Jti.•i%�., 'may, '• , ..' .4.t..r li1♦... w �." 'arm ? 7 ".,,, •, 0 ;tiw- J,.p4. +. f,. - ! - .,' .T �,J.: _ 3.•.a'." • .1.•.�L;r.- - Vit, _ ie R. t.; Fly,. - G !� ..^ti. = ... . :c * ,y,! r . �. _ r . p w i ., A 1•' 4 r ��4.4.4,1-- i* . 1_ •.• , ' ',..MI:.7r i••/' ?•: .r_ .. if*Or �• •'':•'(-:: • t iiYriJr isiL 4v,',,•• 4:,:i.4•61••- • i.,.,_ '�f ./i%� t :I: •'i • t, `•1 .Y/_ti,iL's t7y '.�` .,? '. use • Kt✓;'� .� :,\ +,, . • µ •1..,,,%:.;.4.1V.;;;; ,� r�. r• fir"^:s.•?. : Y , ,: ��(a 3 ,,-...N ,2 w NOTES: , .R _., ;i ',�. t� :°'f° .s , 1. EROSION CONTROL LINE(ECL) ` '7i �yy -,`i' ' ESTABLISHED JANUARY 10,2003 AND AS N'•?c+ v' t t' , "y s AS OBTAINED FROM FLORIDA �;I.,64A.`• .r,0r� �s• -- ; 1 E 4 DEPARTMENT OF ENVIRONMENTAL • .. i; , • ,l• PROTECTION(FOEP). ''j. r.IXi ��� ,y If ' � " „ ft ' 2. LANDWARD LIMIT OF EASEMENT IS THE ~ 4; g 14, SEAWARD MOST EDGE OF VEGETATION Y. *-.. AS SURVEYED ON JUNE 10,2020 BY LAND 11111" „,;:i.,. " s A..' lir &SEA SURVEYING CONCEPTS,INC.. • • .•`. °i ifr �' �� 3. PARCEL LOT LINES AS OBTAINED BY , (.1!""4",",;;$71P ... a:'* .).;.' % FLORIDA GEOGRAPHIC DATA LIBRARY . s . = ‘ 000(FGDL)METADATA EXPLORER. Rrfr:`" t� �- 4.,. III 4. AERIAL PHOTOGRAPHY DATED 2019. • 0 1 .' .�.e� .+ .g A -- iii* � �� te _ �� I k LEGEND - --- .�: =a p ' SEAWARD MOST EDGE OF VEGETATION ✓! a s6.:' s, , •', ,, EROSION CONTROL LINE(ECL) yc r' I a e—!—••• SUBJECT PROPERTY PARCEL LOT LINES • S=4•r • }t'� ' ` - : ',$ lo ?' ADJACENT PROPERTY PARCEL LOT LINES +' .tr `' t', '''' r • 'i!i!iViVi!i. AREA OF CONSTRUCTION EASEMENT - i SCHEDULE A '" 'Qir"_ P. SKETCH OF EASEMENT `` 12900 HIGHWAY A1A VERO BEACH, FL 32963 t\�►� 8 i�---- 382 Perpetual Beach Management and Sand By-Passing Easement Grantor: INDIAN RIVER COUNTY, a political subdivision of the State of Florida Grantee: Sebastian Inlet Tax District,Florida, an Independent Special District of the State of Florida, 114 Sixth Avenue, Indialantic, Florida 32903 Re: site address: Highway AlA VERO BEACH, FLORIDA 32963 Part of Parcel No. 30-39-33-00002-0000-00000.1 Date: , 2020 In consideration of the sum of ten dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, Grantor grants to Grantee, its agents and successors and assigns, an assignable perpetual easement and right-of-way in, on, over and across the land described in Schedule A for use by Grantee, its representatives, agents, contractors and assigns, to construct, maintain,repair,rehabilitate and replace a public beach and dune system and other erosion control and storm damage reduction management,together with appurtenances thereto. This includes the right to deposit sand,alter sand and contours on said land to construct berms and dunes,to nourish and re-nourish periodically, to move and temporarily store equipment and supplies, to erect and remove temporary structures including pumps and pipes and other equipment, and to perform any other work necessary and incidental to the construction, periodic re-nourishment, maintenance, implementation, management and monitoring of the Sebastian Inlet Tax District Management Plan, as may be amended from time to time,together with the right of the public to use and access for recreational purposes the sandy beach area of the property for beach swimming, sun bathing and other traditional beach recreational activities, to protect and monitor nesting sea turtles and hatchlings from the adverse effects of anthropogenic activity as required by state, local or government authorities as required by any permits to conduct the activity permitted by the Management Plan and this Easement, to plant vegetation on said dunes and berms, to facilitate preservation of the dunes and vegetation provided, however, the Grantor shall retain the right to construct a crossover across the Easement provided all applicable state, federal and local permits and approvals are obtained and to do all other necessary and incidental work to place sand on the beach to protect the beach and dune systems. None of the rights granted hereunder are intended to provide the Grantee the right to prohibit or restrict the Grantor or its successors and assigns from using and enjoying the sandy portion of the beach within the lands described in Schedule A. 383 IN WITNESS WHEREOF,Grantor has herein set its hand and seal the day and year written above. INDIAN RIVER COUNTY, a political subdivision of the State of Florida GRANTOR By: Susan Adams, Chairman Board of County Commissioners BCC authorized: ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT was acknowledged before me by means of ❑ physical presence or❑ online notarization, this day of August, 2020, by Susan Adams, as Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who ❑ is personally known to me, or ❑ produced as identification. Notary Public Signature [AFFIX NOTARY SEAL] Print Notary Name: Commission No.: My commission expires: 384 .. fir: , .',5. 60 n�� �• .,� ,r4 Scale in FeetAil It •j•j�j> ,.„cr,`,..-,',1,-, c. -, ,� ,j_i- �1 • ♦o••40 b••••.•i4 _.„-;,----2. ,y- " 00*,, ] b �� Vi', rf *.-,e'\ ..'-'•-•;-`,•*. I '.)„,,-;-- - ce.1\ ,2 '.\ „:'y, I 4:.:.tirS,,t•i:_4.1. j; ...,*41'.."41..s: n-are: ,44,..,,r)....-: ., "Its."').'1,10144: 7 �.-1+'�_ '1,,°'`''' ' f��N a ye •6. ' wile ... ! ."_.; `. 4 r' ) • :.w • ` :� Vii• * "i; i - , ..... ke .... iv. :. „,..,4t?..,, ....,. ..1 ' ., , • �.r- 04 .."6,04111r,r 11:1/y I' , r� '' .:. -rt II Its*►'„ � ..' ,i ex,...10 •-•.:,17,f \lei • , 4,p,,,,* ,,,,0 ,„.444w4 ...ii ir. ..,,s4.6 ,_-..,4N.._ -.....e ., .. , .14.' .'....iit '3'1)'jelr . % .e 15: if — ..0 4%1. • ,,,,,,- • .... ,,lt, • 1,,,,, .,, .n.) ,t, , ' NOTES: '4" ' 1 'i.„,...,..I'''0 .�y"1 r1 1- EROSION CONTROL LINE(ECL) • ' `410�r, ;- ., F ESTABLISHED JANUARY 10,2003 AND AS 0 s .0-4/ .Y- * rw1 ..v AS OBTAINED FROM FLORIDA r ..?II ' • �, : 4g; „ • e E DEPARTMENT OF ENVIRONMENTAL ': "' 'Y. .k., ' PROTECTION(FDEP)• ,.� w'1 . , '.' w .- -�i i k4 eta is 0. • ` 2. LANDWARD LIMIT OF EASEMENT IS THE . '� "Q * >> ~ + - �. l • .tt 1( ,.. SEAWARD MOST EDGE OF VEGETATION '`'l .'t ,;,, 3 AS SURVEYED ON JUNE 10,2020 BY LAND , Y ... . '" s '. 3 &SEA SURVEYING CONCEPTS,INC-. y' I t„y .� ' •4t> 3. PARCEL LOT LINES AS OBTAINED BY ��. • I �' s � � r FLORIDA GEOGRAPHIC DATA LIBRARY I ?° (FGDL)METADATA EXPLORER. '1 w 4. AERIAL PHOTOGRAPHY DATED 2019. ; "� }' �-- J ., a g LEGEND '/ ref, r SEAWARD MOST EDGE OF VEGETATION ''.- R EROSION CONTROL LINE(ECL) 1 0 1=11=11=1 0 o SUBJECT PROPERTY PARCEL LOT LINES .- ADJACENT PROPERTY PARCEL LOT LINES 'rr g !i:vi!i!i!i?mi AREA OF CONSTRUCTION EASEMENT ''0 h SCHEDULE A %, 8 SKETCH OF EASEMENT -=_--” PARCEL: 30393300002000000000.1 .;�"�! -/ , -385 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 31, 2020 SUBJECT: Extension of Memorandum of Understanding for Animal Shelter Services BACKGROUND. On March 17, 2020, Indian River County and the Humane Society of Vero Beach& Indian River County, Florida, Inc. ("Society") entered into a Memorandum of Understanding for Animal Shelter Services ("MOU"), which commenced on May 1, 2020 and lasts for six months. Under the MOU, Indian River County pays the Society $36,000 per month for the services. Due to the COVID-19 pandemic,the Animal Control Division and the Society and wish to extend the MOU for an additional six months. The proposed Extension will extend the MOU to May 1, 2021. Otherwise, all other terms of the MOU will remain in full force and effect. FUNDING. The proposed FY 2020/2021 budget has $564,950 allocated for Animal Services in the General Fund. Funding of the MOU (8 months x $36,000) is $288,000 for FY 2020/2021 and will be transferred from Animal Services to Humane Society,which is also funded in the General Fund. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners approve and authorize the chairman to execute the Extension of Memorandum of Understanding for Animal Shelter Services. ATTACHMENTS. Proposed Extension of Memorandum of Understanding for Animal Shelter Services 386 EXTENSION TO MEMORANDUM OF UNDERSTANDING FOR ANIMAL SHELTER SERVICES THIS EXTENSION TO MEMORANDUM OF UNDERSTANDING FOR ANIMAL • SHELTER SERVICES ("Extension") is entered into as of this_day of , 2020, by and between the Humane Society of Vero Beach&Indian River County,Florida,Inc.a Florida not for profit corporation, whose address is 6230 77th Street, Vero Beach, Florida, 32967 ("Society") and the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida,whose address is 1801 27th Street, Vero Beach,Florida, 32960 ("County"). BACKGROUND RECITALS A. On March 17,2020,Society and County entered into a Memorandum of Understanding for Animal Shelter Services, which commenced on May 1, 2020 and lasts for six months; and B. The parties wish to extend the Memorandum of Understanding for Animal Shelter Services for an additional six months, NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. The Memorandum of Understanding for Animal Shelter Services is extended until May 1, 2021. 3. All other provisions of the Memorandum of Understanding for Animal Shelter Services shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date first written above. Humane Society of Vero Beach & Indian River County, Inc. Signature of Authorized Officer Authorized Officer(Print Name and Title) Date 387 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Date approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 388 U'4N MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 11, 2020 SUBJECT: Partial Release of Limited Access Easement for Stillwater Affidavit of Exemption Located at 6905 61st Street The Stillwater Affidavit of Exemption(AOE)is located on the south side of 61St Street,west of 66th Avenue. An aerial photo of the AOE is attached to this memorandum. As with most developments that front a paved road, a 5'wide limited access easement is dedicated to the County along the edge of the right-of- way for control over access rights. With this AOE, the easement runs the length of the development along 61st Street. The purpose of a limited access easement is to control the number and location of driveways to maintain safe ingress and egress from the development and surrounding properties. The Stillwater AOE was recorded in 2006 and consists of two lots thatshare s a e a common north/south border. The southern-most lot is a"flag" lot with a long narrow access strip to 61St Street. The northern- most lot has approximately 265 feet of frontage on 61st Street with the limited access easement running parallel to 61st Street and parallel to an Indian River Farms Water Control District canal (IRFWCD). The owner of the north lot, Joyce Darlene Hamilton, has applied to Public Works fora right-of-way permit to build a separate driveway for ingress and egress onto her property. The proposed driveway will be 45' wide but the culvert needed will be over 60' long so the slope may be graded on either side of the new driveway culvert to prevent erosion into the canal. Mr. David Gunter, IRFWCD Superintendent, has informed staff that he has issued a permit for construction of the proposed driveway and culvert in the canal right-of-way. Ms. Hamilton seeks a partial release of the limited access easement held by the County for construction of the driveway. Public Works staff has inspected the site of the proposed driveway and has no objection to the partial release of the limited access easement. FUNDING: There is no funding associated with this matter as Ms. Hamilton will pay for the cost of recoding the easement as a condition of right-of-way permit approval. RECOMMENDATION: Staff recommends that the Board approve a 45'wide partial release of the limited access easement held by the County over the northern boundary of the Stillwater Affidavit of Exemption and authorize the Chairman to execute the partial release on behalf of the Board. Attachments: Aerial photo,Sketch and Legal description of the Limited Access Easement,Stillwater AOE and proposed Partial Release of Easement Copies to Joyce D. Hamilton and David Gunter via email 389 8/11/2020 Indian River County,Florida Property Appraiser-Printer Friendly Map Print I Back Indian River County,Florida Property Appraiser "r(j`{ [5..1.. pi-7.r ----P ''(`7 .w ,f4"-i.)'...,1i.r-..4.-T.•- ,. • �i 1.9. .. .` 'fie€f. y1 � ? -,7 1 f1—t!, Ifs .11 r�w a� =,,,,,,,.•,,,,r....4 - �. ' �3 1 ` I',i 1I2 /Y r-iA. r ,. ' a •Ii I'. w r�.ir1i� 1 ) f4', +rLJ f, -'Rt.Ry r i 6181ST -. - -, o 3 i ,�. � ,� '"� 1:1.2'r+ ......... .—-.• ... .•i. :.�"� _ +fir �-�`' „�,� _e.kt _.._ „ ...; 1 1 Tf, r ...-„........;,1-• ! „( I, :1 ti _. . . ...,, .. ..... 111P•46...,r.. '' Z.-77. - •,..-.7.•",4 • Jif 1 4; l '_ C.. - - #r -+!-l/� IIIit( • .... . — 5.... '.t r,' i ! �M (-1"..i I IfroLC:siiii - ' -.: „t I... .i :. ; r ,-„....,-.-e-;-704.; L .r --:,......e... ,..4.....',.. .. .. G �rt�� s . 1 . , ..2 ,;:i.,,:.4., ,,.:;,, , . .. . ,1 , L':.., f .� - J ti p 4 II t !-t Ni ,,_a',, ;r - = rt 40 I I ". . r,ccinbc �i i'�t' *' ` t, °-2•.- `t ai ri „[ep Engine?. ParcelID OwnerName PropertyAddress 32391800003000000001.0 HAMILTON JOYCE DARLENE 6905 61ST ST VERO BEACH,FL 32967 Notes • 390 httpsirindianriverflauditor-classic.ddti.net/PrintMap.aspx 1/1 LIMITED-ACCESS EASEMENT • "STILLWATER" AFFIDAVIT OF EXEMPTION WITHIN PART OF THE EAST 10 ACRES OF THE WEST 20.35 ACRES OF TRACT 2, SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA - -..- ULTIMATE NORTH RIGHT OF WAY LINE ROAD R.0 0DR.O W I 60.00' 4 NORTH LINE OF TRACT 2 /'/ tt I S -s `..V , 7� N. 5' - - --- ,' !',Y-' LSUBLATERAL • � A-11 CANAL / PROPOSED 5' LIMITED ACCESS _ 30.00' / EASEMENT CANAL R.O,W- I:R,F.W.C.O. /-, >, EAST • / 10 ACRES S:.' /�y, EAST 268.18' x ' /V o ' ,, / NORTH o ,.//7,/ 777.09' . NOT TO 'SCALE —.�`/ —PROPOSED 60• WIDE j ,,/ JOINT COMMON j/. INGRESS. EGRESS AND DRAINAGE EASEMENT WEST LINE OF ✓/%` SOUTH TRACT 2 �//� 747.09• WEST 20.35 ACRES '/Z / OF TRACT 2 -• WEST LINE OF ✓ zj THE EAST 10 ACRES / OF THE WEST 20.35 ACRES OF TRACT 2 ' // ,/,,,,:)„://:).., /./ EAST LINE OF /PCI V PARCEL 1 • THE EAST 10 ACRES OF THE WEST 20.35 ACRES OF TRACT 2 EAST LINE OF . � TRACT 2 ' r ��JJJGGG / ,tea s� V ,7 TRACT G _ li /' TRACT PARCEL 2 SURVEYOR'S NOTES: DESCRIPTION (5' LIMI TEO ACCESS EASEMENT): I.LINNLESS IITBEARS THE.SIGNATURE AND THE ORIGINAL RAISED SEAL OFA FLORIDA LICENSED A PARCEL OF LAND LYING IN TRACT 2 OF SECTION 18, TOWNSHIP 32 SURVEYOR D NAPPER THIS ORATING.SKETCH.PLAT OR MT MAP IS FOR rORMAONAL PURPOSES ONLY ANO IS Nor vALID. SOUTH. RANCE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, FOR THE 2.LANDS SRO..HEREON WERE NOT ABSTRACTED OR RESEARCHED BY THIS OFFICE FOR • PURPOSES OF A LIMITED ACCESS EASEMENT BEING MORE PARTICULARLY WONTS-OF-wAT,EASEMENTS-OF RECORD,RESERVATIONS.OWNERSHIP,ABANDONMENTS,DEED DESCRIBED AS FOLLOWS: RESTRICTIONS. ZONING REGULATIONS OR ADJOINING DEEDS. TRS SURVEY OOEs NOT INTEND TO THE NORTH 5.00 FEET OF THE EAST 268.17 FEET OF THE SOUTH 747.09 DELINEATE LOCAL AREAS OF CONCERN OR ANY OTHER JURI501CDDNµxTERMNwnaN. FEET OF THE NORTH 777.09 FEET OF THE EAST 10 ACRES OF THE WEST 3.NO FOUNDATIONS OR UNOCROROUNS INSTALLATIONS NAVE BEEN FIELD LOCATED PER THIS 20.35 ACRES OF TRACT 2 OF SECTION 18. TOWNSHIP 32 SOUTH, RANGE SURTAEY.UNLESS OTNERTISE NOTED. 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE 4.THE LECAL DESCRIPTION SHOTTM HEREON WAS DEVELOPED BY THE PROFESSIONAL SuavErOR INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF AND MAPPER. THE CIRCUIT COURT OF ST. LUCIE COUNTY. FLORIDA, IN PLAT BOOK 2. . 5.NO SURVEY FIELD ISONS WAS PERFORMED TO DELINEATE DRS EASEMENT. TRS IS A DM To.OF PAGE 25; SAID LAND LYING ANO BEING IN INDIAN RIVER COUNTY, FLORIDA. EASEMENT DESC IPTION ONLY. . S.BEARING DATUM IS BASED UPON THE NORTH AMERICAN DATUM OF 1883.ADJUSTMENT OF 1999 (NAD 93/99).AND PROJECTED IN THE STATE PLANE COORDNATE SYSTEM.FLORIDA EAST ZONE I CARTER ASSOCIATES, INC. ( THE ExPECTSp,S19E-, =; ItVlOR TECHNICAL STANDARDS CONSULTING ENGINEERS AND LAND SURVEYORS SURNT-I T..E ....IV _ > •. .-� DR*Rs THEE Lr ED CEOME 1708 21ST STREET 772-562-4191 (PHONE) SURVEY 15 -i: 'IN,T:6�' n S•, ONS OF THE CLOSED CEOMEDOC FIGURE RERE,F WIT..„., 4 t. REMENr. VERO BEACH. FLORIDA 32960-3472 772-562-7180 (FAX)`�,�- .�!aL- _ a .1... d Dya�s� y�$,NOi;I1yfL` b- �sr mgabspa[P. 9.UN¢EfS (G.1 Ce ygOwe!.a....8:=.::... YE)14,(RED -� AP_,:. :E61 N^�_. VALUES ARE THE$AML, -} 4. ,.s=. :�'• „ g LIMITED ACCESS EASEMENT f•...'��9.e�K.-+e�:y,T ,.�iG_, .•,iii_. � n 7y .ta:,$�•- L.�i'` � '"" a� :�=_"5 PORTION OF SECTION 18. 1•.. -,'IT:= :,' x• +tea f. 4�r 1fr . z..�a °•. z m TOWNSHIP 32 S., RANGE 39 E. _.1. SYp.k:T�.^rte a;.�., ,` INDIAN RIVER COUNTY, FL • DAVID E. LUE11i,Lj.lp NL. S'i 3 ye ,G�•Ty1d' ?^ f - • DATE DUG BY APP'D BY N- SCALE V. SCALE PROJ. N�u�7'yllt�y, HEFT l OF 1 FLORIDA LICEIJ E NIS .7'1�B �, c ,:;‘.,;;-.;-•!,94,-.• : ',"'.4 t,^ti 9/15/04 F.A.L. I D.E.L. I N/A NTS I 04-582 I �DWGB 1 411-A r4RTFH Aa�f1e`l,Wrig:.1:I4O Lg=.zs ..,r•^:_.•- _„ Prepared by and return to: Tax Parcel I.D.No.32-39-48-00001-0020-00003.2 Office of County Attorney 1840 25th Street 1779847 Vero Beach,FL 32960 THIS DOCUMENT HAS BEEN RECORE IN THE PUBLIC RECORDS (772)226-1425 INDIAN RIVER COUNTY FL OF BK: 2072 PG:1985, Pagel of 08/28/2006 at 03:02 PM, DOCTAX PD $0:70 LIMITED ACCESS EASEMENT JEFFREY K BARTON,CLERK OF COURT THIS GRANT OF EASEMENT, made and executed this 4j// `day of L; ' c1-51- , 2006, by Joyce Darlene Hamilton, whose mailing address is 3236- Atlantic Boulevard, Vero Beach, Florida 32960, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1840 25th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH : That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual 5-foot wide limited access easement over and across the following described land, situate in Indian River County, Florida, to-wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S. hand and seal the day and year first above written. Signed, sealed and delivered in : the presence of: signature: printed name: kltrnberl y E. MASSu Joyce Darlene Hamilton signature:. ICt_ c1. . (1( /saw:.LE& printed name: NII/Lt1C5 N. V970.1.1Ctit - APPROVED AS TO !ORM AND L SUFFICIENCY I -IAMC. O L S COUNTY ATTORNEY • 392 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this ,Aiti 4 day of Atx3 , 2006, by Joyce Darlene Hamilton. She is personally known to me or has produced FL._dr;veo'-s l,ce o as identification. NOTARY PUBLIC punted name (SEAL): Commission No.: Commission Expiration: 4s4i,rpsf,NNancy FL Mossali 1.: „ MyCOMM1SSION S DD179432 EXPIRES March 24 2007 g=Np ,n4su1nor PAMMSURANCE INC 2 F:\Attomey\Nancy\DOCS\PLAN\AOE stillwater ltd access easementdoc 393 8/11/2020 Landmark Web Official Records Search BIC: 2072 PG: 1992 NORTH 'STILLWATER' AFFIDAVIT OF EXEMPTION ASY EXHIBIT �s� y E - __.. TRACT 2. SECTION 18.TOWNSHIP 32 SOUTH,RANGE 39 EAST �� j INDIAN RIVER COUNTY.FLORIDA IR FOR ���'. rI L MICHAEL ST UDSTILI,JR.. 1511...» :/.. SANDRA L STUDS LL 111 •O• AND JOYCE DARLENE HAMILTON •N•* LOCATION MAP Dm to smo at sou.. "2" IA A-1 EELEATT W r6 WM Eq w..::TNONT LAND USE:AG-1 se Y.,.,A+E s .T _61ST b/1`ICtI /PECAN r fIbA01 esrtt ar NAr Tr m,.A - wavo..17. 1Tao3„ Ior AT rm..../LT..—• ••. .' - s!"..cm `•`07-o2r Mr LA \. 'CARTAI ASSOC. 1D'GeMM Moo .- ft,.....Psaq.t...AMA •T-:" "-ate• T ' s MAW E LD` rNORM.M O TRACT 1 t Oi,Ntr �/+ r Y Y01 iA1 O Is1,.�f.r�, -Air' N SpOtYA�- S2BO 4N . r' E 1.M• OOSIMTO Ul.,il — 1 ha ROO ATIMP STANv[D E AEA® '/' AM E. SEAO•02 PROPOSES YN1G L1°OC r��l ) Am- �•Or TRACTf�Q lift '� we CANTER ASODG' SET A•.A'GN. / • S'=AD AMA SRT•.ti.C V V • - r12252191913.... TT.N.N.b 3°D I Sao CL .'K ACCESS SENOKO TARTL EY 101- CT1,n.. T:>os, TA1lttA.T IRA LATERAL A l CANAL. '� O1TT90.N CR ARL (F./Van/WI DIGHT OF WAYI 8 i.' 91WL.,T ARCO.n A.EOA FA -Corr caa.D. ,OSE0 RV Noe AtREE :„:„.,* O.µ15.CAC OKES EAST 1_ARKS _Or TRACT 2 AST 1_AdAS31 E SAGMT A C Or�-.Aoo�[rET URE -, TRACY 2 AMOK CMOS 4. E•YYL .04 ZONING=A-1 bt� TRACT 2 AAA CROW•'� ZONJNG-A-1 T LAND USE.AG-1 C� s..u,SA•E 1,aw .,y Tao . LAND USE:AG-1 {[�AEypp .Eg /� qp.. TRACT 1N G.r i SIP[CTtIE°` ':YO'GAP ST.tFED GN,EJ!NSG 1 T TM ASSOG- AST tM. THE rattan CITRUS 10.a.[s ROK EAST Est OF TK*EST 10.11 ' TY,N QSraPRT.a pAN.a,a GRAPHIC SCALE PROPOSED,D•— ..- Aau—S A MANZ AT agar.YtuT EASLiO.r 1---.--ar M[�T IDi!Aat[s ..I'MO A N NIMB (RN AA) t AA- 100'R — .-PROPOSED 17 ORAN..A AGO,SADAO.V SET A'.A•AL IOtM 1/AY f:ON STAt CCO V AAL LO 10Y PO[. O 47 N GIME NONlk �/y pp. O.SAVOY E GA) t0.^ ROD•MO CAP SiANRD� 1NACMT tME OF _ •UIttTR AS9O • N.TOVOOO'O SMTY M MAYA/N 222210' , T 0 warm-E t11T.1]' t6'n j N OSW'OO•R iA,T ..R.. i E 1122,1• �i'� MM M s1 i'GN. A ----y-e•GAla. YDCOT 5.' iIY MAO J/1P fAOMJ r STA,..7D Yr�TA1L fD 301' ,lr Nm f�.P STwtOEp POE NO 6 TART.ASSA' 22.111.0: IS At° AM.A 'ARTA.ASSOC. SOYTt<AST COINER so TNt=COPIER E AAA. NON ALT EASAKNT 6 TRACT 1 MO AND STARED.FOAO SAS. ZONING A-1 TRACT 7 01 AA-ares.. 3aR1 LEGEND/ABBREVIATIONS: DAO./-DRAMA TA MSCR . .ARC•FLa00A AONORSTRAnVE COOS •aANEreR I CARTER ASSOCIATES, INC. NO.•MPABER (MT) • TYPICAL CONSULTING ENGINEERS AND LAND SURVEYORS (Trp)- CONCRETE O CR - W.-RDE:RF.uTAON P RA.-FLOOD INSURANCE RATE AAP MANAGEMENT AGENCY VERA BEFEDERAL EMERGFJACT 1708 AC H FLORIDA 32960-3472 772-502-7180 (FAX)(PHONE) (P).RAT DATA - (0)-OBSERVED DATA AFFIDAVIT OF EXEMPTION - - •D.•`0000...RUT'POLE A N TOR LD YT FA- BMA TOP CC B E.O.P._EDGE DF pAV .[NT D. PORTION OF SECTION 18, LRi.W.CD.-ADA RAR EARNS DATER CONTROLp,STwCT OMDTEB PROPOSED.N.:RE51,CARESS $ m TOWNSHIP 32 S., RANGE 39 E. �� - ST DRADRAINAGE"" e"E`N�T .p •., INDIAN RIVER COUNTY, FL ® -Ensure rum WELLu. SEE DOCUMENT SPECIFIC NOTES DATE OVG BY APP'D DY H. SCALE V. SCALE PROJ. NO. SHEET 3 OF 7 ON SHEET 1 OF 7 9/15/04 F.A.L. D.E.L. GRAPH N/A 04-582 DV. 1)4111-A - haps://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# -�� 1/1 PARTIAL RELEASE OF LIMITED ACCESS EASEMENT WHEREAS, Indian River County was granted a Limited Access Easement by Joyce Darlene Hamilton, said Limited Assess Easement being recorded in O.R. Book 2072, Page 1985 of the Public Records of Indian River County, Florida;and WHEREAS, Ms. Hamilton is desirous of constructing a 45 foot wide driveway to be used as ingress and egress to her property;and NOW,THEREFORE,THIS PARTIAL RELEASE OF LIMITED ACCESS EASEMENT is executed on behalf of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street,Vero Beach, Florida 32960,Grantor,to Joyce Darlene Hamilton 6905 6151 Street Vero Beach, FL 32967 her successors in interest, heirs and assigns, Grantee,as follows: Indian River County does hereby partially release all right, title, and interest that it may have in the following described limited access easement: 22.5 feet on each side of the center point of that certain limited access easement recorded at O.R. Book 2072, Page 1985 of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF,the Grantor has caused these presents to be executed in its name by its Chairman this 18th day of August, 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman ATTEST: Jeffrey R.Smith,Clerk of Circuit Court and Comptroller By: Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing was acknowledged before me this day of August,2020 by Susan Adams,Chairman of the Board of County Commissioners of Indian River County, Florida,who is personally known to me. NOTARY PUBLIC (SEAL) Printed Name: Commission Number: Commission Expiration: 395 '046 CONSENT AGENDA BCC Meeting 0811812020 4$. -' ;) - ' INDIAN RIVER COUNTY,FLORIDA �4 x 1-3:t � Department of General Services � r . �, ._P. *� Parks&Recreation Date: July 31,2020 To: The Honorable Board of County Commissioners Through: Kevin M. Kirwin,Director Parks&Recreation Jennifer Hyde,Purchasing Manager From: Beth Powell,Assistant Director Parks& Conservation Resources Subject: Work Order Number 5—Continuing Engineering Services RFP 2018008 —Coastal Waterways Design and Engineering,LLC—Oyster Bar Marsh Construction Administration Parking& Driveway Improvements DESRIPTIONS AND CONDITIONS On April 17, 2018,the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Coastal Waterways Design and Engineering LLC(Coastal Waterways). This award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Coastal Waterways is the design engineer for the public use improvements for the Oyster Bar Marsh Conservation Area. Design services were paid for by the Indian River Land Trust and a portion of the work(boardwalks) has been completed under a separate agreement. The Oyster Bar Marsh public use improvements was advertised for bid and will be presented to the Board of County Commissioners under a separate agenda item (bid number 2020013). In order to complete the work associated with the construction project, Coastal Waterways will need to provide necessary construction administration services as outlined in the Scope of Work(Attachment A). FUNDING Funding of this Work Order in the amount of $5,700.00 is provided in the updated Capital Improvement Element of the Comprehensive Plan (CIE), adopted on December 3, 2019, which includes the Florida Inland Navigation District's grant funds of$120,000. This contract will be paid with Optional Sales Tax funds. Revenue Source: Account Number: Amount: Optional Sales Tax/Improvements/Oyster Bar Boardwalk 31521072-066390-18009 $5,700.00 396 STAFF RECOMMENDATION Staff respectfully requests that the Board of County Commissioners accept Work Order No. 5, Construction Administration Services for Oyster Bar Marsh Conservation Area and authorize the - Chairman to execute Work Order No. 5 in the amount of$5,700.00. ATTACHMENTS Attachment A—Work Order No. 5 —Oyster Bar Trail Improvements—Parking and Driveway Construction Administration—Coastal Waterways Design&Engineering LLC APPROVED AGENDA ITEM FOR AUGUST 18.2020 397 Attachment A -Work Order No. 5 Oyster Bar Trail Improvements—Parking and Driveway Construction Administration— Coastal Waterways Design&Engineering LLC WORK ORDER No. 5 Oyster Bar Trail Improvements Parking and Driveway Construction Administration Coastal Engineering Services Project Number: IRC- This Work Order Number _ is entered into as of this day of 2020, pursuant to that certain Continuing Architectural Services Agreement for Professional Services entered into as of the 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Coastal Waterways Design & Engineering LLC("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A—SCOPE OF WORK Oyster Bar Trail Improvements Parking and Driveway Construction Administration Task 1—Construction Administration Services: COASTAL WATERWAYS shall attend the pre-bid meeting. COASTAL WATERWAYS shall assist the OWNER in answering technical questions of potential bidder's and shall assist the OWNER in issuing technical clarification for one (1) addendum, if necessary. COASTAL WATERWAYS shall conduct an on-site pre-construction meeting with the OWNER and the selected contractor. COASTAL WATERWAYS shall review shop drawings and up to two (2) change orders if necessary. COASTAL WATERWAYS shall make six (6) site visits during the construction period (estimated to be 6 to 8 weeks). In addition, COASTAL WATERWAYS shall make a final site observation and submit signed and sealed certifications, and provide as-built 398 review (as-built by others)as required,to the regulatory agencies to identify conformance of the project to the specifications, plans and permit conditions. COASTAL WATERWAYS services include observation of: • • Florida Department of Transportation (FDOT) Driveway related construction. • State permitted excavation and fill associated with existing wetland • IRC Land Development permit required improvements • Environmental protection methods Deliverables: Construction Administration Services site observation reports. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 399 EXHIBIT B—FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement,fees inclusive of expenses in accordance with the following(see NOTE below): A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Construction Administration Services $ 5,700.00 Project Total $ 5,700.00 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 400 EXHIBIT C—TIME SCHEDULE Construction Administration Services schedule is dependent upon County contract bidding and negotiation timing (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 401 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY COASTAL WATERWAYS DESIGN & ENGINEERING LLC By: By: Stephen W. Boehning, P.E., CFM Susan Adams, Chairman Title: President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 402 cvie v---4 8 Cti N- 4—) _le 7, u5 gi .6 or) CA 2) 0 0 Li) cn to C cz E, .+15 15 r•-• E.6 E . 1_ u) $ 69 lelk 13 ! !C 14 !0 r.:: o c o !o. .c i.., En!= E o o. *a 0 i mtn od U) 0 1 a T.) > C V. O a)!"-' -'— ,...,c CV 0 0 5:C3 i E To >lk !< co 00 75 cv En CD , > _ I gi C i 'E i 10 0 ie Up e EY) 1 64 CP Ft, 1 <No a 0 Vs C.)!be 69 0 ; Sim ---!——— Cri ; t i 0 0 CL . 0 7 Q_ ,?,1= .1 . 03 cn 1 I — =i — 0 u, -5.64 co 18., g I to Ca Cti LLI! 1 69 CO a c! o .e- Lo L u -.cr) ol. W u) !to') rs c.)1 111.0 a) .. 0.. Ch "Pe) >I CC E cn ..... O > = to 00 = x 0 I = 1,.. 0 cis r, • .P.I._ 0 ,....1 o e 1-- 1.-4 C 5 =0. o (5 O• a) c) RI a) ne‘ Cs4 Sr t-, •... i... --. •= 0 ... .- .0 •••• ,a) ti) E 03 ...... 161... 03 %I ...I Et 45 .3 g 12 c Va II E Z 1:3 E 0 o N CONSENT AGENDA BCC Meeting 08/18/2020 4-41 :-. INDIAN RIVER COUNTY,FLORIDA '111 - INTEROFFICE MEMORANDUM Department of General Services Parks & Conservation Resources Date: July 17,2020 To: The Honorable Board of County Commissioners Through: Kevin Kirwin,Director Parks&Recreation From: Beth Powell,Assistant Director Parks&Conservation Resources Subject: Notice of Grant Award from the Division of Historical Resources for the Jones' Pier Residence Stabilization and Museum Planning -21.h.sm.100.092 and Authorization for Work Order No.3 Donadio& Associates Architects,P.A. DESRIPTIONS AND CONDITIONS On October 15,2019, staff provided a Departmental item to the County Commissioners regarding the Jones' Pier Conservation Area Public Use Improvements. This item provided a project update and requested authorization to make applications to potential grantors to provide additional funding for the repurposing of the 1920s Bungalow Cottage/Main House for the purposes of creating a museum with associated educational exhibits. Subsequently, staff made an application to the State of Florida Division of Historical Resources to provide funding for the interior stabilization and museum planning for the Main House. The application was successfully submitted and the County has been chosen to receive this funding for the 2020-2021 funding cycle. The funding in this grant agreement provides for a 50/50 match of$10,725 for a total project cost of $21,450. The Division of Historical Resources will provide a reimbursement of $10,725 toward architectural/engineering services to develop a master plan for the main house including an environmental assessment of asbestos, lead, and other potential contaminants; structural evaluation; and plans for mechanical, electrical, HVAC, and ADA upgrades. The final grant deliverable will provide a full set of construction documents including schematic design and design development, which will include bid ready plans and specifications. As part of the grant preparation, staff received a proposal from Donadio & Associates under the Continuing Services Contract for Architectural Services for the Museum design and development, which will fulfill the grant deliverables described above. This Work Order No. 3 is provided in this agenda item for review and approval for$20,500. FUNDING Funding for the Jones' Pier Conservation Area improvements in the amount of$225,000 is outlined in the Capital Improvements Element of the Comprehensive Plan, approved on December 3, 2019. Funding is budgeted and available in MSTU/Parks/Jones Pier Improvements, account number 00421072-066510-18010 has been established and will be utilized for expenses related to the Jones' 404 Pier Conservation Area and the Division of Historical Resources Grant. Funding for Work Order No. 3 in the amount of$20,500 will be provided from this account. Account number 004033-334703- 18010 has been established as the receivables account for reimbursable expenses related to the grant. STAFF RECOMMENDATION Staff respectfully recommends that the Board accept the Division of Historical Resources Small Matching Grant for 2020-21 and authorize the Chairman to execute the Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 21.h.sm.100.092. Staff also requests that the Board accept and authorize Work Order#3 for Donadio &Associates, P. A.for architectural/engineering design services and requests the Board to authorize the Chairman to execute Work Order No. 3 in the amount of$20,500.00. ATTACHMENTS • Attachment A-Work Order#3 -Donadio &Associates,Architects,P.A. • Attachment B—Agreement between the State of Florida,Department of State and Indian River County Parks Division, grant number 21.h.sm.100.092. • Attachment C—Grant Form APPROVED AGENDA ITEM FOR AUGUST 18.2020 405 ATTACHMENT A WORK ORDER NO. 3 ARCHITECTURAL/ENGINEERING PROPOSAL JONES PIER HISTORIC RESIDENCE STRUCTURAL EVAULUATION AND IMPROVEMENTS-7770 JUNGLE TRAIL ARCHITECT'S PROJECT NO. P2018-23.003.1.2 DONADIO &ASSOCIATES,ARCHITECTS,P.A. This Work Order Number 3 is entered into this day of August, 2020, pursuant to that certain Continuing Consulting Architectural Services Agreement,dated November 13, 2018, (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and DONADIO&ASSOCIATES,ARCHITECTS, P.A. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A(Scope of Work),attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS Donadio&Associates,Architects,P.A. OF INDIAN RIVER COUNTY By: By: Susan B.Adams,Chairman Title: BCC Approved Date: ATTEST:Jeffery R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: , Dylan T. Rein oldCountyAttorney Y g 406 Exhibit A -Work Order#3 July 30,2020 Beth Powell Asst.Director-Parks&Conservation Resources 5500 77th Street Vero Beach,FL 32967 RE: ARCHITECTURAL/STRUCTURAL ENGINEERING PROPOSAL FOR JONES PIER HISTORIC RESIDENCE STRUCTURAL EVAULUATION AND IMPROVEMENTS 7770 JUNGLE TRAIL ARCHITECT'S PROJECT NO.P2018-23.003.1.2 Dear Ms.Powell, Within the content of this letter is a Proposal for Architectural/Structural Engineering Services to provide a Structural Building Evaluation and Architectural/Engineering Bid Documents for Renovation/Re-Purposing of the existing Historic Residence into a Museum. SCOPE OF WORK The following Scope of Work is anticipated for the re-purposing of the existing Residence into a Museum: 1. Structural Evaluation of the existing Floor,Walls and Roof System. 2. Structural Repairs of the existing Floor,Walls and Roof System as needed per the Evaluation Report. 3. Removal of interior walls per provided Floor Plan sketch.. 4. Convert the existing Kitchen to Office type Breakroom. 5. Convert the Laundry Room into an Office. 6. Open the enclosed Front Porch. 7. Re-wire the Residence for Commercial Use: Exhibits,Wall Displays,Televisions and Floor Outlets. 8. Replace floor with hardwood floors(old pine). 9. Interior lighting plan. 10. Exterior security lighting Plan. 11. Refinish Walls/ceilings. 12. Provision for Small Interior Storage Room. 13. New Air Conditioning for Commercial use. A brief description of the work covered by this Proposal includes the following: 1. ARCHITECTURAL • Coordination meeting with the Owner to establish Design Criteria for the Project above anticipated Scope of Work. • Field measuring of the Existing Residence. • Coordination with the Structural Engineer. • Coordination with Department of Historical Resources(DHR)guidelines and regulations. • Preparation of Construction Specifications for Bidding • Attendance at Pre-Bid Meeting and Pre-Construction Meeting,if required. • Five(5)sets of signed and sealed Permit Documents. • Response to Building Permit review comments. • Construction Administration Services as defined below for Construction Administration Services. • Four(4)site visits during Construction 407 2) STRUCTURAL ENGINEERING • Site Visit to perform a Structural analysis of the existing floor,walls,and roof system for modifications to the existing structure based on the architectural requirements. • Two(2)coordination meetings • Construction Documents for Bidding consisting of Structural Sections,Details, Notes and Specifications For Possible Repairs and/or Upgrades. • Attendance at Pre-Bid Meeting and Pre-Construction Meeting,if required. • Five(5)sets of signed and sealed permit documents. • Responding to Building Permit review comments. • Shop drawing Review of Structural Items,Request for Information and any other items as defined below for Construction Administration Services. • Two(2)site visits during Construction A. SCHEMATIC DESIGN PHASE The Architect shall assist the Owner in establishing the program and ascertain the requirements of the project and shall arrive at a mutual understanding of such requirements with the Owner. Based on this understanding the Architect shall prepare Schematic Design Documents consisting of drawings and outline specifications B. CONSTRUCTION DOCUMENTS PHASE Based on the approved Schematic Design Documents and any further adjustments in the scope or quality of the project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. C. BIDDING AND NEGOTIATION PHASE The Architect,following the Owner's approval of the Construction Documents shall assist the Owner in the review of Bids for Construction,attendance at Pre-Bid Meeting,clarifications of RFI's and issuance of addenda. D. CONSTRUCTION ADMINISTRATION PHASE OF THE CONSTRUCTION CONTRACT The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the contract for construction and terminates at the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work,whichever comes first. The Architect shall provide a maximum of Four(4)periodic Site Observations,Review of Contractor's Applications for Payment,Contractors request for information and/or clarifications, Shop Drawing Reviews,Review of Change Order and decisions on any claims or disputes,Punch- List Walk-Thru with Client and Contractor to determine general conformity with approved plans and specifications. 408 3) BREAKDOWN OF PROFESSIONAL FEES I) Architectural/Engineering Services: a) Structural Bldg.Evaluation/Construction Document Fee =$ 3,500.00 b) Architectural Fee =$ 8,750.00 c) Mechanical and Electrical Engineering Fee =$ 2,500.00 d) Bidding Services =$ 1,000.00 e) Construction Administration Services =$ 4,750.00 Total Fees $20,500.00 4) FEE PAYMENT SCHEDULE A. The fee is based upon our understanding of the stated goals and upon completion of services described above.The Fee Payment shall be billed monthly based upon the completion of the Scope of Work of the project as of the date of the invoice. Payment is due upon receipt of the invoice. Invoices not paid within thirty(30)days of invoice date will be subject to a finance charge of one and one-half percent(1.5%)per month. Reimbursable expenses are in addition to compensation for Basic Services and include expenses incurred by the Architect,in the interest of the project. Such expenses include,but are not necessarily limited to the cost of reproduction,postage,long-distance communication and facsimiles,photographs and mileage.Reimbursable expenses will be billed at actual cost. Estimated Cost of Reimbursables is a maximum not to exceed amount of One Thousand Five Hundred Dollars($1,500.00). B. Should the scope of the project change substantially,the fee will be altered accordingly,based upon Owner approval. Such work will be billed at the hourly rates specified below,for the time involved.No additional work will be initiated without Owner written authorization. C. Donadio&Associates,Architects,P.A. Standard Hourly Billing Rates are as follows: Principal $200.00 Senior Project Manager $175.00 Project Manager $135.00 CADD Manager $135.00 CADD Technician I $100.00 CADD Technician II $ 90.00 CADD Technician III $ 85.00 • Intern Architect $100.00 Office Manager $ 85.00 Administrative Assistant $ 65.00 Receptionist $ 60.00 Technical Support $ 55.00 D. If the project is abandoned or terminated before completion,owner will be invoiced for the services performed,together with the reimbursable expenses incurred,as of the date of termination. E. Should any questions arise regarding an invoice or any portion thereof,this office should be contacted immediately. Payment for the amount in question may be withheld.However,timely payment of the balance is required. 409 F. Payment for services performed is in no way based upon the receipt of regulatory approvals or project financing. G. This Proposal is valid for 30 days from the date shown hereon and represents the entire understanding between Parties with respect to the referenced Project and may only be modified in writing. 5) GENERAL A. Illustrative renderings or models are not part of the Basic Services. B. Geotechnical Reports,Environmental Surveys,Asbestos/Lead Testing and Report,Civil Engineering, Off Site Road Way Improvements,As-built Surveys,Re-Zoning,Traffic Analyses, Full Time on Site Representation,Formal Site Plan Submittal,Landscape and Irrigation Design and Drawings,Resealing Crawl Space Access Holes,Permit Application Fees,Building Permit Fees and any other Application Fees for Agency approvals are not part of the Basic Services. C. All drawings,specifications and other documents prepared for this project are for use solely with this project and unless otherwise provided Donadio&Associates,Architects,P.A. are the author and owner and retain all lawful copyrights to such documents. This Proposal letter outlines our Architectural and Structural Engineering Scope of Services. Should this arrangement be acceptable to you,please sign and return one(1)copy to this Office. Thank you for the opportunity to work with you on this project. Very truly yours, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Anthony J.Donadio,A.I.A.,NCARB AJD By: Susan B. Adams, Chairman Indian River County Board of County Commissioners Date Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney Date 410 Attachment B AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County Parks Division 21.h.sm.100.092 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the"Division,"and the Indian River County Parks Division hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 21.h.sm.100.092 for the Project "Jones' Pier Residence Stabilization and Museum Planning,"in the amount of$10,725 ("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3148, contained in the 2021 General Appropriations Act, HB 5001, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617,Florida Statutes. Inconsideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the"Jones' Pier Residence Stabilization and Museum Planning,"the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used for architecturalengineering services to develop a master plan for the Richard M. Jones House,including:an environmental assessment of asbestos, lead, and other potential contaminants; structural evaluation; and plans for mechanical, electrical, HVAC, and ADA upgrades. Funds will also be used to prepare a full set of construction documents, including schematic design and design development. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Payment Deliverable Description Documentation Payment Type Amount 1 Fixed Complete and submit schematic design One(1)copy of the $2,681 Price drawings to the Division for review and completed schematic approval. design drawings 2 Fixed Complete and submit design development One(1)copy of the $2,681 Price drawings to the Division for review and completed design approval. development drawings Page:1 Grant Awed Agreenxnt(Form GAA001),Effective 04/2020 Rule 1A-39.00.1,Florida Administrative Code 411 3 Fixed Complete and submit a draft Master Plan and at One(1)draft copy of the $2,681 Price least 50% completed construction drawings to Master Plan;One(1) the Division for review and approval copy of at least 50% completed construction drawings 4 Fixed Complete and submit the final Master Plan and One(1)copy of the final $2,682 Price j 100% complete construction drawings to the Master Plan; One(1) Division for review and approval In addition, a copy of 100% completed Single Audit Form shall be completed by the construction drawings; Grantee and submitted along with the Final Single Audit Form;Final Progress Report prior to final payment. Progress Report Totals $10,725 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget(which is incorporated as part of this Agreement and entitled Attachment A)and must be incurred during the term of this Agreement, as stated in Section 2 of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/20, and shall end 06/30/21,unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty(30) days prior to the terminationdate of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager,named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s)or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Laura Bright Houston Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone:850.245.6355 Email:laura.brighthouston@dos.myflorida.com For the Grantee: Grant Award Agreement(Form GAA001),Effective 04/2020 412 Contact:Wendy Swindell Address:5500 77th Street Vero Beach Florida 32967 Phone:772.226.1881 Email:wswindell@ircgov.com 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed and documentation evidencing all expenses incurred in achieving the completion of the deliverable. The total grant award shall not exceed the Grant Award Amount,which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer(EFT)to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. The authorization form is accessible at http://www.myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf where information pertaining to payment status is also available. 6. Florida Substitute Form W-9.A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS)must have the correct Taxpayer Identification Number(TIN) and other related information in order to report accurate tax information to the Internal Revenue Service(IRS). To register or access a Florida Substitute Form W-9 visit https://flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division, as required, in advance of or with the executed Agreement. 7. Amendment to Agreement.Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058,Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement. b) Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables,provide documentation that the deliverable has been completed, or demonstrate the Grant Award Agreement(FormGAA041),Effective 04/2020 413 appropriate use of state funds. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Planning Projects. a) The Grantee shall submit planning project contracts to the Division for review and approval prior to execution b) For architectural planning projects, all project work must be in compliance with the Secretary of the Interior's Standards and Guidelines, available online at www.nps.gov/tps/standards.htm c) Planning activities on historic Religious Properties shall be limited to building exterior envelope, excluding accessibility upgrades, and structural elements of the building. d) Copyright and Royalties:When publications,brochures, films, or similar materials are developed, directly or indirectly, from a program,project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within their official duties, a royalty-free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. 10. Credit Line(s)to Acknowledge Grant Funding. Pursuant to Section 286.25,Florida Statutes,in publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida."Any variation in this language must receive prior approval in writing by the Division. b) All site-specific projects must include a Project identification sign, with the aforementioned language, that Grant Award Ageement(Form GAAOO1),Effective 04/2020 414 must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, except as allowed below. a) Extension of Encumbrance Deadline:The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s)is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen(15)days prior to the encumbrance deadline indicated above. b) Encumbrance Deadline Exception:For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/tasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via www.dosgrants.com. a) First Project Progress Report is due by October 31, for the period ending September 30. b) Second Project Progress Report is due by January 31, for the period ending December 31. c) Third Project Progress Report is due by April 30, for the period ending March 31. d) Final Report.The Grantee must submit a Final Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100%match of the Grant Award Amount. Of the required match, a minimum of 25%must be cash on hand. The remaining match may include in-kind services, volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative(REDD)counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561,Florida Statutes, Grantees may request a waiver of the match amount. Grantees that are Certified Local Government(CLG)organizations and Main Street Program organizations are not required to provide a match. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. Page:5 Grant Award Agreement(Foran GAA001),Effective 04/2020 Rule IA-39.001,Florida Administrative Code 415 15. Extension of the Grant Completion Deadline.An extension of the completion date must be requested at least thirty(30)days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended Grant Period. 16. Non-allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 11/1/2019), which are incorporated by reference and are available online at https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. The following categories of expenditures are non-allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement and Chapter 287 of the Florida Statutes; c) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award Agreement; d) Expenses associated with lobbying or attempting to influence Federal, State, or local legislation, the judicial branch, or any state agency; e) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at www.nps.gov/tps/standards/treatment-guidelines- 2017.pdf, standards available at http://www.nps.gov/tps/standards.htm and rips.gov/history/local- law/arch_stnds_0.htm or applicable industry standards; f) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F.S.; g) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex, race, color, religion,national origin, disability, age, pregnancy, handicap, or marital status; Grant Award Ag-eer rit(Form GAA001),Effective 04/2020 416 h) Entertainment, food,beverages, plaques, awards, or gifts; i) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; j) Indirect costs including Grantee overhead,management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include:rent/mortgage, utilities,janitorial services, insurance, accounting, internet service,monthly expenses associated to security systems, non-grant related administrative and clerical staffing, marketing, and fundraising activities; k) Administrative expenditures such as expenditures that are directly attributable to management of the grant-assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions,which in aggregate exceed 5% of the grant award amount; 1) Grantee operational support(i.e., organization salaries not directly related to grant activities; travel expenditures;per diem; or supplies); m) Insurance costs; n) Capital improvements to property; o) Furniture and Equipment. (a)Expenditures for furniture and equipment including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, computers, cameras, printers, scanners, appliances, case goods (including cabinets, countertops, or bookshelves), new or replacement casework, systems' furniture, portable lighting fixtures,portable sound or projection systems, specialty fixtures and equipment,visual display units, total stations, movable partitions, and acoustical treatments and components,unless specific prior approval has been granted by the Division. (b)If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region; p) Costs associated with attending or hosting conferences, summits,workshops, or presentations; and q) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or research off-site. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971,Florida Statutes,the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further,the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and Page:7 Grant Award Agreerrnt(Form GAA001),Effective 04/2020 Rule IA-39.001;Florida Administrative Code 417 regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the"Department of State"and mailed directly to the following address:Florida Department of State, Attention:Grants Program Supervisor,Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2),Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent(5%)of the face amount of the returned check or draft, whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97,Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records.Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five(5)years after the close out of the grant. If any litigation or audit is initiated, or claim made,before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports,books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119,Florida Statutes,known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(l6)(b),Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than$100 within any quarter may be held until the next quarter when the accrued interest totals more than$100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements.Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State(DOS)Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: Page:8 Grant Award Agreement(Form GAA001),Effective 04/2020 Rule IA-39.001,Florida Administrative Code 418 a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s)must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre-audit and post-audit(such as invoices,bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee,beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency,agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s)for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors"and will not be considered or permitted to be agents, servants,joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees;nor may the Grantee exclude liability for its own acts, omissions to Page:9 Grant Award Agreement(Form GAA001),Effective 04/2020 Rule IA-3.9.001;Florida Administrative Code 419 act, or negligence, to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28,Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability,by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare,preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen(15)calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement,prior to the notification of termination, if the Division Grant Award Agreenxnt(Foran GAA001),Effective 04/2020 420 deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division,with interest, within thirty(30)days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies.No delay or omission to exercise any right,power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right,power or remedy of either party;nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 35. Non-Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06,Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant-assisted project in accordance with Section 287.057,Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. In addition,no Grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate,make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any fmancial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child,parent, or partner of an officer, director, trustee,partner, or employee of the grantee shall not Page:11 Grant Award Agreement(Fonri GAA001),Effective 04/2020 Rile IA-39.001, Florida Administrative Code 421 receive grant funds,unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A(a)of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513,Florida Statutes, and the Americans with Disabilities Act of 1990 as amended(42 U.S.C. 12101, et seq.),which is incorporated herein by reference. 42. Governing Law. This Agreement shall be construed,performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget(Attachment A) c) Single Audit Act Requirements and Exhibit I(Attachment B) Grant.Award Agreenvnt(Form GAA001),Effective 0412020 422 In acknowledgment of this grant,provided from funds appropriated in the 2021 General Appropriation Act, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: Grantee: By: By: Authorizing Official for the Grantee Dr. Timothy Parsons, Division Director Typed name and title Date Date Grant Award Ag-eemrnt(Form GAA001),Effective 04/2020 423 ATTACHMENT A Estimated Project Budget Description Grant Funds Cash Match In Kind Match Architectural/Engineering Fees $9,325 $9,325 $0 Environmental Assessment $1,400 $1,400 $0 Totals $10,725 $10,725 $0 Grant Award Aweement(Form GAA00]),Effective 04/2020 Rule IA-39.001;Florida Adnrirristrative Code 424 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include,but not belimited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO)or Auditor General. AUDITS Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. EXHIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements. If the recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (ie., the cost of such an audit must be paid from recipient resources obtained Page:15 Grant Award Agreement(Foim GAAOO 1),Effective 04/2020 Rule L4-39.001,Florida Administrative Code 425 from other than federal entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient(for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement lists the state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part II,paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550(local governmental entities)and 10.650(nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than$750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.myfloridacfo.com/ State of Florida Legislature(Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.ftus/ Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F -Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or onbehalf of the recipient directly to each of the following: Page:16 Grant Award.Agreer nt(Form GAA001),Effective 04/2020 Rule IA-39.001,Florida Administrative Code 426 1. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. The Federal Audit Clearinghouse(FAC)as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: 1. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building 500 South Bronough St. Tallahassee, FL 32399-0250 2. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website(https://flauditor.gov/)provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550(local governmental entities) and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients,when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550(local governmental entities) and 10.650(nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s)and this Page:17 Grant.Award Agreein.nt(Form GAA001),Effective 04;2020 Rule IA-39.001,Florida Administrative Code 427 agreement for period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor.General upon request for a period of at least three years from the date the audit report is issued,unless extended in writing by the Department of State. Grant Award Agreerrb nt(Form GAAOO l),Effective 04/2020 Rule IA-39.001,FloridaAdmthistrative Code 428 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCESFOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97,FLORIDA STATUTES: Florida Department of State Historic Preservation Grants; CSFA Number 45.031. Award Amount:$10,725 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in.Part Four(State Project Compliance Requirements)of the State Projects Compliance Supplement located at httpsi/apps.fldfs.com/fsaa/. Page:19 Grant Award Agreement(Form GAA001),Effective 04/2020 Rule IA-39.001,Florida Administrative Code 429 Attachment C GRANT NAME: Jones' Pier residence Stabilization and Museum Planning GRANT# N/A AMOUNT OF GRANT: $10,725.00 DEPARTMENT RECEIVING GRANT: Parks and Conservation Resources CONTACT PERBeth Powell TELEPHONE: X1873 1. How long is the grant for?1 Year Starting Date: July 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes,does the grant allow the match to be In-Kind services? X Yes No 4. Percentage of match to grant 50% 5. Grant match amount required 'R$10,725•00 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? Improvements are alloocated in the CIE for Fiscal year 2021:Optional Sales Tax&Environmental Land Bond Proceeds 7. Does the grant cover capital costs or start-up costs? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health ° 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching e TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 0(Grant will help fund Project Planning only) 10. What is the estimated cost of the grant to the county over five years? Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth.Year $ $ $ $ Fifth Year $ $ $ $ Elizabeth Powell °g"* abelpect th o Powellt ON�mE� o ,��,ianRh� ,�lnaan�m � 07/30/20 Signature of Preparers 202.730 le 15-0,04.r�� �m.tNS Date: 430 CONSENT AGENDA BCC Meeting 0811812020 .. .,�: INDIAN RIVER COUNTY,FLORIDA '7 lttli AGENDA ITEM \*\ _ ,*, Assistant County Administrator/ Department of General Services Parks and Recreation Date: July 31,2020 To: The Honorable Board of County Commissioners Through: Kevin M.Kirwin,Director Parks&Recreation From: Beth Powell,Assistant Director Parks&Conservation Resources Subject: Authorization for Amendment 4,5,6 to Work Order Number 5 and Work Order#18—MBV Engineering,Inc. BACKGROUND: On May 9, 2017, the Board approved Work Order No. 5 for MBV Engineering, Inc. to complete Site Plan Design and Permitting for the pubic use improvements planned for the Kroegel Homestead, Hallstrom Farmstead and Jones' Pier Conservation Areas (Phase 1). Subsequent Amendments (1, 2 and 3) were approved by the Board of County Commissioners and through the authority of the County Administrator. These amendments and the new Work Order Number 18 are requested as described below: • Amendment No. 4 provides for Civil Construction Services and described in Attachment A —Exhibit A for the Jones Pier Conservation Area in the amount of$1,150. These services related to additional inspections for the new water line that will service the site. • Amendment No. 5 adds Construction Administration Services as described in Attachment B —Exhibit A for the Kroegel Homestead Conservation Area in the amount of$11,800. The Kroegel Homestead Conservation Area Public Use Improvements have been completed and permitted. They are ready to be advertised for bid. Construction Administration Services are necessary for various construction inspections and project certifications associated with construction. • Amendment No. 6 modifies the work order to remove services related to Hallstrom Farmstead Conservation Area from Work Order Number 5. To date $2,250 have been paid of the $14,800 allocated and there is a fee balance of$3,750. Work Order Number 18 will replace the current scope of work associated with Hallstrom Farmstead. • Work Order No. 18 provides an expanded scope of work associated with the improvements to the Hallstrom Farmstead Conservation Area. Attachment D, Work order Number 18 provides a detailed scope of work which will include all engineering and architectural 431 services including bid and bidding, cost estimation and construction services in the amount of $56,450. This Scope of Work will provide the County with all necessary services including engineering design services, architectural services, cost estimating, bidding services and necessary construction services. FUNDING: Funding for all amendments to Work Order Number 5 and the new Work Order Number 18 are funded through the associated project budgets allocated in the updated Comprehensive Plan, Capital Improvements Schedule adopted December 3, 2019. Description Account Number Amount Work Order#5, Jones' Pier Preserve Public Access Improvements — 00421072-066510-18010 $1,150 Amendment 4 Windsor Properties Exchange Donation Work Order#5, Kroegel Homestead Conservation Area Public Access 14514639-066510-19006 $11,800 Amendment 5 Improvements Work Order#5, Hallstrom Farmstead Conservation Area Improvements 14514639-066510-19027 $6,000 Amendment 6 (revised) Work Order Hallstrom Farmstead Conservation Area Improvements 14514639-066510-19027 $56,450 #18 RECOMMENDATION: Staff recommends the Board of County Commissioners accept and authorize the Chairman to execute Amendments 4 ($1,150), 5 ($11,800), and 6 ($6,000 revised)to Work Order Number 5. Staff also recommends that the Board of County Commissioners accept and authorize the Chairman to execute Work Order Number 18 for the Hallstrom Farmstead Conservation Area Public Use Improvements in the amount of$56,450.00. ATTACHMENT: • Attachment A -Amendment Number 4 to MBV Work Order#5 for Jones' Pier Conservation Area(FTC No.: 05-039-FF)—Additional Water Line Inspections • Attachment B-Amendment Number 5 to MBV Work Order#5 for Kroegel Homestead Conservation Area (FTC No.: 02-58-FF2)—Construction Inspections and Certifications • Attachment C—Amendment Number 6 to MBV Work Order#5 for Hallstrom Farmstead Conservation Area—(FTC No.:01-055-FF1) • Attachment D—MBV Work Order#18 for Hallstrom Farmstead Conservation Area-(FTC No.:01-055-FF1) 432 Attachment A -Amendment Number 4 to MBV Work Order#5 for Jones' Pier Conservation Area (FTC No.: 05-039-FF) -Additional Water Line Inspections AMENDMENT NUMBER 4 TO WORK ORDER NUMBER 5 Indian River County.Conservation / Public Access for Jones Pier- (PTC No.: 05-039-FF) New Pavilion and Restroom Building Architectural Services This Amendment 4 to Work Order Number 5 is entered into as of this _ day of 202, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY,a political subdivision of the State of Florida ("COUNTY")and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference.The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: —.,._ By: Susan Adams, Chairman Title: Vice President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 433 EXHIBIT A-SCOPE OF WORK It is our understanding that the COUNTY has entered into an inspection contract with Carter Associates, Inc. Additional inspections and coordination with this inspection representative was necessary to inspect and ultimately pass the water main pressure test. DELIVERABLES Not applicable. EXHIBIT B- FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement,fees inclusive of expenses in accordance with the following: Task Fee Civil Construction Services $ 1,150 Work Authorization Total $ 1,150 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order.The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C-SCHEDULE Not applicable. 434 Attachment B—Amendment Number 5 to MBV Work Order#5 for Kroegel Homestead Conservation Area (FTC No.:02-58-FF2) —Construction Inspections and Certifications AMENDMENT NUMBER 5 TO WORK ORDER NUMBER 5 Indian River County Conservation/ Public Access for Kroegel Homestead, Sebastian - (PTC No.: 02-58-FF2) This Amendment 5 to Work Order Number 5 is entered into as of this _ day of 202_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY")and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference.The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: By: Susan Adams, Chairman Title: Vice President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 435 EXHIBIT A-SCOPE OF WORK It is our understanding that the COUNTY intends to add services to its original scope for the Kroegel Homestead project located in Sebastian, Florida, for the inclusion of construction inspections and certifications. Construction Services Construction inspection and project certification services shall include: 1. Attendance of a pre-construction meeting for EOR and inspector 2. Shop drawing review of civil site components 3. One (1) inspection during subbase construction 4. One (1) inspection for pavilion pad formboards 5. One (1) inspection for sidewalk formboards 6. Two (2) site visits for water service inspection and testing 7. Two (2) site visits for sewer service inspection and testing 8. Two (2) site visits for drainage infrastructure inspections 9. One (1) site visit for punch-list for County certification 10. One (1) site visit for final County inspection walkthrough 11. Two (2)additional site visits as required—will not be billed if not used 12. Review of test reports and as-builts provided by others 13. Coordination as necessary with County, County representative and Site Contractor during construction 14. Certification by EOR to County and Florida Dept. of Environmental Protection NOTE: Above inspections or site visits are based on a 2.5-hour time period. Site Plan Modification We understand the County wishes to modify the approved site plan to phase the project for construction of the bathroom building in a Phase 2. These services shall include: 1. Preparation of a phased site plan. 2. Preparation and submittal of the Indian River County Administrative Approval application. 3. Address and submit one (1) round of comments regarding the AA submittal. DELIVERABLES The Consultant shall provide the COUNTY with the following: • One (1) hard set and one (1) pdf copy of approved civil construction plans, signed and sealed,for bidding purposes • Two (2) hard copies of plans for pre-construction meeting, signed and sealed 436 EXHIBIT B- FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement,fees inclusive of expenses in accordance with the following: Task Fee Construction Services HNTE $ 10,000 Site Plan Modification $ 1,800 Work Authorization Total $ 11,800 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required,those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order.The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT C-SCHEDULE Not Applicable. 437 Attachment C—Amendment Number 6 to MBV Work Order#5 for Hallstrom Farmstead Conservation Area— (FTC No.:01-055-FF1) AMENDMENT NUMBER 6 TO WORK ORDER NUMBER 5 Indian River County Conservation Hallstrom House-Vero Beach - (FTC No.: 01-055-FF1) Original Project Close Out This Amendment 6 to Work Order Number 5 is entered into as of this _ day of 202_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY,a political subdivision of the State of Florida ("COUNTY")and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and "made a part hereof by this reference.The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: By: Susan Adams,Chairman Title: Vice President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 438 EXHIBIT A-SCOPE OF WORK This Work Order is to "Zero Out" (Close) the original Hallstrom House work authorization as stated under the original Work Order#5, approved on May 9, 2017. This Work Order is being closed down and replaced with proposed new Work Order #18 Hallstrom House (FTC No.:01-055-FF1). This Amendment 6 represents the services that were completed for a portion of the Design Services section under the original Work Order. For complete scope of the new Work Order, please refer to proposed Work Order#18. 1. Design Services under original Work Order Completed to Date a. Construction Plans • Development of Preliminary Site Plan Exhibit 1 • Development of Preliminary Site Plan Exhibit 2 b. Construction Cost Estimate • Cost Estimate No. 1 for Grant Applications Coordination c. County Reviews • Review with County to receive comments and revise plan 2. Deliverable provide to Date under original Work Order a. Electronic copies of Preliminary Site Plan Exhibit 1 & Exhibit 2 b. Electronic copy of Cost Estimate No. 1 EXHIBIT B- FEE SCHEDULE The below represents the original Fee Schedule for Hallstrom House as approved under the original Work Order#5. Task Fee Design Services $ 7,500 Permitting Services $ 6,500 Bidding Services $ 800 Work Authorization Total $14,800 The below represents the Remaining Fee Balance less fees already paid. Contract % Earned To Previous Amount TASK Value Complete Date Paid Fee Balance CIVIL DESIGN PLANS $7,500.00 80.00% $6,000.00 $2,250.00 $3,750.00 PERMITTING SERVICES $6,500.00 0.00% $0.00 $0.00 $0.00 BIDDING SERVICES $800.00 0.00% $0.00 $0.00 $0.00 Subtotal $14,800.00 $6,000.00 $2,250.00 $3,750.00 439 • From: Todd Howder To: )3eth Powell Cc: Aaron Stanton Subject: IRC Work Order 18-Hallstrom House-Master WO Proposal for Civil and Architectural services Date: Friday,July 24,2020 11:54:34 AM Attachments: imaoe001.ioq 20-0240-Hallstrom House Imorovements.odf CAUTION:This message is from an external source.Please use caution when opening attachments or clicking links. Hey Beth, Happy Friday! It's been a while and I hope you, Wendy and your families are all healthy and doing well. Wanted to let you know Aaron Stanton left this morning for a much deserved vacation for a week and he will return on Monday, August 3rd. However we finalized the Hallstrom House new work order proposal reflecting the up-to-date project scope we are now doing instead of the smaller, earlier version. We also have finalized our coordination with EDB for the architectural services, which has also been incorporated into this master work order. The work order also includes both civil and architectural services during the construction phase. In Aaron's absence, should you have any questions, please do not hesitate to reach out to me and I will be sure you are taken care of. Very Respectfully, Todd Howder • Vice President - MBV Engineering, Inc. 1835 20th Street - Vero Beach, FL 32960 P: 772.569.0035 x 109 - F: 772-778-3617 ToddHPmbveng.com - www.mbveng.com E-mail Logos 2017 r 440 Attachment D —MBV Work Order#18 for Halistrom Farmstead Conservation Area— (FTC No.:01-055-FF1) WORK ORDER 18 Halistrom House (FTC No.:01-055-FF1) This Work Order Number 18 is entered into as of this_day of ,202_, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV Engineering, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS MBV Engineering, Inc. OF INDIAN RIVER COUNTY By: 62By: Susan Adams, Chairman. Title: Vice President BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 441 EXHIBIT A-SCOPE OF WORK It is our understanding that the COUNTY intends to construct various site improvements on the parcel of land located directly north of the historic Hallstrom House building located at 1723 Old Dixie Highway in Vero Beach, FL. We understand the site will consist of the following: • A stabilized entry/exist drive and parking area (shell or asphalt millings) • (1) 320 SF Restroom building • (1) 900 SF Outdoor Classroom Pavilion • (1) 600 SF Outdoor Pavilion • Potable and Fire Water services (assumes one Fire Hydrant will be required) • 1,500 LF Off-Site Sewer service line extension and directional bore to connect to the existing utility line located to the south of the property* • (1) private,fiberglass lift station • Drainage infrastructure (anticipates dry pond, piping, and inlets) to support the proposed site improvements stormwater runoff and permit criteria • Public Walking trail Pursuant to coordination with County, it has been requested that the Architectural design services for the proposed restroom facility be included in the Consultants contract and is described in further detail below. Furthermore, it is understood that all existing conditions survey data (Boundary, Tree, Topography), including off-site route survey information for the sewer line extension,shall be provided by others to Consultant in CAD and hardcopy formats as required for the project. Electrical power to the site will be required to support the bathroom facility and pavilions, as applicable, and will be designed and coordinated under this contract. Finally, it is understood that all the County will be responsible for the Outdoor Classroom and Public Pavilion structural designs and permitting and that Consultant will be responsible for all site pad layout and infrastructure to support the construction of the pavilions. As such, MBV Engineering, Inc., the "Consultant", will provide for the project's site design, permitting, bidding and construction administration services, as well as the restroom facility Architectural design,bidding and construction administration services as related to the above activities and as further described below. Task 1: Survey(Existing Conditions) Coordination The CONSULTANT will coordinate with Hayhurst Land Surveying as needed to obtain the necessary survey files for incorporation into the Civil base plans.All survey services will be provided by others and routed through COUNTY. Consultant will utilize the existing boundary, tree, topographic and off-site route survey by Hayhurst Land Surveying, Inc. as the base for the existing conditions for the area to receive the improvements. It is understood that the current survey will need to be updated to be within 6 months of date of submittal for permits and that the Surveyor shall provide the Consultant the file in AutoCAD format to be utilized and relied upon for design. Should said survey not contain all the required existing information to support the design for the proposed improvements, Consultant will coordinate with County and surveyor so that County may provide the additional survey necessary to complete the design and permitting phase. 442 Task 2: Geotechnical Coordination The Consultant will coordinate with a geotechnical firm to provide a scope for the necessary borings and tests for design of the proposed buildings and the site. Consultant will coordinate with Architect and develop a "Boring map" and scope for the soil tests related to the restroom facility. The County shall be responsible for payment of the testing and report and shall provide said report to the Consultant, as either pdf or hard copy. If there are any modifications to the proposed improvements that require additional testing, then it will be incumbent on the County to provide for the additional testing. Task 3: Architectural Coordination The Consultant shall be responsible for retaining and contracting with the architectural for the design services needed for the proposed restroom building. The Consultant will coordinate with the architectural consultant on the various project related items to include: Building size and layout, building utilities entry points and sizes, parking lot light pole details and specifications, if applicable. The Consultant and Architect shall coordinate and provide the necessary architectural/civil drawings to one another in AutoCAD formats in development of the project plans. Consultant and Architect shall coordinate as needed throughout the project. Task 4: Civil Design Plans Conceptual Plans Based on previous discussions, the Consultant will provide a new conceptual layout to be approved by County Parks Division staff. The Parks Divisions' comments on the plan will be incorporated into the design plans that will be submitted for permitting. This task includes one (1) coordination meeting with County to review design and (1) revision to the conceptual plan to incorporate the County's comments from the review meeting. Construction Plans The Consultant will prepare 24" x 36" design drawings for the above described improvements in accordance with the final Conceptual Plan layout from (a) above. The design drawings will include existing conditions plan (survey provided to Consultant by others), General Notes and Specifications, erosion control plan, site plan, paving grading and drainage plan, utility plan, plan & profile sheets for 1,500 LF of off-site sewer design, lift station plan, and associated Civil design details sheets. Landscape Plans to be developed in-house by County. County Reviews The Consultant will attend three (3) progress review meetings with the County Parks Division staff at approximately 30,60 and 100 percent levels of design completion. A single set of review comments shall be provided to Consultant prior to each review meeting. This task includes revisions to plans from each County review within reasonable scope of the project. Task 5: Civil Permitting The Consultant will prepare the following permit applications and associated submittals for the following agencies: Applications • Indian River County Pre-Application Meeting (Includes attendance at IRC Pre-Application Meeting) • Indian River County Major Site Plan (Includes attendance at IRC TRC Meeting) • Indian River County Conditional Concurrency 443 • Indian River County Final.Concurrency • Indian River County Stormwater • Indian River County ROW • Indian River County Utilities Approval • Indian River County Fire Department Approval • FDEP Domestic Wastewater • SJRWMD 10-2 Self Certification for Stormwater Design Modeling, Calculations& Reports • Stormwater Modeling for Dry Pond Design • Development of Stormwater Calculations in accordance with regulatory requirements • Development of Final Stormwater Report for Permit Submissions • Development of Private Lift Station Calculations • Development of Final Lift Station Report for Permit Submissions No endangered species, wetlands or other ecological permitting is anticipated or included herein. It should be noted that the site may have existing gopher tortoises and that all coordination and permitting associated with the relocation of the tortoises will be provided by the County. The Consultant shall respond up to three (3) requests for additional information by the permitting agency. The County will be responsible for all permit fees and the Consultant will prepare all necessary applications and provide to County for signature. Task 6: Architectural Design Architect/ MEP/Structural • Establishment of design criteria for the proposed 320 SF Restroom Facility • On-site visit for field verification of the existing site conditions. • Preparation of architectural construction documents consisting of floor plans, elevations, roof plans and details, life safety plan, code review,schedules,general/construction details, notes and specifications. • Coordination with MEP and Structural. • Coordination with Owners Civil Engineer. • Establish design criteria for ventilation, electrical and plumbing. • Construction documents and specifications for electrical and plumbing, which include but are not limited to: floor plans, schedules, electrical and plumbing risers, electrical panels, reflected ceiling plans, details, etc. • Utility coordination for new electrical service. • Establish structural design criteria • Review of soil investigative reports as provided by Owner. • Design and preparation of the following: o Foundation plans and sections based on a conventional shallow foundation system with a minimum allowable soil bearing pressure of 2,000 psf. o Roof framing plan and sections. o Wind design pressures. 444 • Structural specifications in short format on plans. • Building and Wall Sections, Roof Framing Plans, Details and Specifications. • Preparation of Documents for Building Permit Submittal. • Responses to Building Permit review comments. Task 7: Cost Estimates The Consultant willre are an Engineer'sini n p p Opinion of Probable Costs at approximately 30, 60 and 100 percent levels of design completion. Task 8: Bidding Services The COUNTY shall be responsible for setting the providing the front-end bid documents, bid opening date, advertisement of the bid, scheduling the pre-bid meeting, and scheduling the bid opening. The Consultant will provide the following: • Preparation of Civil and Architectural Documents for Bidding • Attendance at (1) Pre-Bid Meeting • Response to requests for additional information (RAls)for bidders NOTE: All construction specifications will be on the applicable plan sheets in lieu of a specifications manual. The Consultant will prepare a pdf file of the final bid package for the COUNTY's use in distribution to prospective bidders via Demandstar. Task 9: Construction Services The Consultant will provide the following scope of services during the construction phase: Civil Construction Services • Attendance to two (2) pre-construction meetings, if required • Shop drawing review of civil site components • One (1) inspection during subbase construction • One (1) inspection during sidewalk formboards • One (1) inspection for driveway surface construction • One (1) inspection for water line tap • One (1) inspection for water line pressure test • One (1) inspection for sewer line directional bore • One (1) inspection for sewer line FM pressure test • One (1) inspection for grinder lift station start-up • One (1) inspection for punchlist prior to final inspection • One (1) site visit for final walkthrough with County inspector in attendance • Two (2) additional inspections, if required • Review of testing reports and as-builts provided by others • Coordination with County Parks Division and Public Works inspection staff • Coordination with Contractor • Certification by E.O.R. to County and FDEP 445 Architectural Construction Services Architect • Shop Drawing review of Architectural items • Responses to Request for Information • (3)visits during construction MEP • Shop Drawing review of MEP items • Responses to Request for Information • (2)visits during construction Structural • Shop Drawing review of Structural items • Responses to Request for Information • (2)visits during construction NOTE: Above inspections are based on a round-trip duration of 2.5 hours each. The above inspections are based on reasonable construction inspection sequencing and does not include additional site inspections due to failed tests or contractor scheduling errors. EXHIBIT B-SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Initial Submittal (30%design drawings) 1 month from issuance of Notice to Proceed • Permit Plans Submittal (60%design drawings) 2.5 months from issuance of Notice to Proceed • Final Submittal (100% design drawings) 5.5 months from issuance of Notice to Proceed EXHIBIT C- DELIVERABLES The CONSULTANT shall provide the COUNTY with the following at the designated milestones: • Initial (30%) completion: o Two (2) sets of plans in 24" x 36"format o One (1) Opinion of Probable Cost (OPC) o One (1) CD with drawings in PDF format • Permit Plans (60%) completion: o Two (2) sets of plans in 24" x 36"format o One (1) Opinion of Probable Cost (OPC) o One (1) CD with drawings in PDF format • Final (100%) completion: o Two (2) sets of plans in 24" x 36"format (signed &sealed) o One (1) Opinion of Probable Cost (OPC) o One (1) electronic version of the plans in pdf and CAD format 446 EXHIBIT D- FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement,fees inclusive of expenses in accordance with the following: Task Fee Task 1: Survey Coordination $ 500 Task 2: Geotechnical Coordination $ 500 Task 3: Architectural Coordination $ 500 Task 4: Civil Design Plans $ 24,750 Task 5: Civil Permitting $ 7,750 Task 6: Architectural Design $ 8,000 Task 7: Cost Estimates $ 2,200 Task 8: Bidding Services $ 1,250 Task 9: Construction Services Civil Construction Services $ 9,500 Architect team Construction Services $ 1,500 Work Authorization Total $ 56,450 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. 447 CONSENT AGENDA BCC Meeting 08/18/2020 r•'';'? ;. INDIAN RIVER COUNTY,FLORIDA INTEROFFICE At%k "� MEMORANDUM Department of General Services \ ktp�%/ Parks&Recreation & Conservation Resources Date: July 17,2020 To: The Honorable Board of County Commissioners Through: Kevin Kirwin,Director Parks&Recreation Jennifer Hyde,Purchasing Manager From: Beth Powell,Assistant Director Parks&Conservation Resources Subject: Award of Bid Number 2020013—Oyster Bar Marsh Public Use Improvements DESRIPTIONS AND CONDITIONS On November 6, 2018, the Board of County Commissioners approved a grant agreement with the Florida Inland Navigation District to providing funding assistance through its Waterways Assistance Program for planned improvements to the Oyster Bar Marsh Conservation Area. County staff, along with the Indian River Land Trust, have been completing the necessary engineering and permitting for those improvements since that time. On June 11,2019,the Board approved an agreement to complete the boardwalks at the Oyster Bar Marsh Conservation Area as part of the planned improvements for public access.As the boardwalk construction is nearing completion, staff has successfully advertised and bid the construction of the parking and other public use facilities in order to open the site to the public. The project was advertised for bid on April 29,2020, and a bid opening for the project was held on July 8, 2020, where five (5)bids were received and opened. A detailed bid tabulation is on file and available for viewing in the Parks and Conservation Resources Division. Bid totals are as follows: isiaamais miammiimm XGD Systems,LLC $105,558.50 Stuart,FL CW Roberts Contracting Inc. $140,777.97 Palm City,FL PRP Construction Group,LLC $153,856.55 Indiantown,FL Jobear Contracting,Inc. $170,960.55 Palm Bay,FL Gulfstream Building Group,Inc. $174,167.40* Ft.Pierce, FL *mathematical errors corrected 448 Staff reviewed the bids submitted and XGD Systems, LLC was found to be the lowest, responsive and responsible bidder.Completion time is 120 days from bid award. Due to delays with this and other projects, staff requested a one-year extensionfrom the Florida Inland Navigation District, which was approved on July 18, 2020. As a result of lessons learned on other projects, staff intends to modify the Sample Agreement as presented in the invitation to bid during negotiations with XGD Systems,LLC,which will include the requirement to provide a detailed construction schedule and attend weekly progress meetings to ensure the project is completed on schedule and without delays. FUNDING Funding for this project is provided i n the updated Capital Improvement Element of the Comprehensive Plan (CIE), adopted on December 3, 2019, which includes the Florida Inland Navigation District's grant funds of$120,000. Revenue Source: Account Number: Amount: Optional Sales Tax/Parks/Improvements/Oyster Bar Boardwalk 31521072-066390-18009 $105,558.50 STAFF RECOMMENDATION Staff respectfully requests that the Board of County Commissioners award bid number 2020013 to XGD Systems, LLC in the amount of $105,558.50. Staff further recommends that the Board approve the modified sample agreement and authorize the Chairman to execute it after review and approval of the agreement by the County Attorney as to form and legal sufficiency, approval of the required public construction bond by the County Attorney, approval of the required insurance by the Risk Manager,and after contractor has appropriately registered with the Building Division. ATTACHMENTS • Sample Agreement—Bid Number 2020013 APPROVED AGENDA ITEM FOR AUGUST 18.2020 449 Attachment A- Bid Award 2020013- Oyster Bar Marsh Public Use Improvements 2020013 Oyster Bar Marsh Public Use Improvements Sample Agreement (for reference only- do not return with your bid) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida,(hereinafter called OWNER)and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Parking and Driveway Access Construction ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Oyster Bar Marsh Public Use Improvements Bid Number: 2020013 Project Address: 1955 S Highway A1A,Vero Beach, FL 32960 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 180th day after the date when the Contract Times commence to run. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$ Written Amount: 450 ARTICLE 5-PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established,or in the case of unit price work based on the number of units completed.After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2)of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers,the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated 451 amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work.Any payment, however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities,damages, losses and costs,including, but not limited to,reasonable attorney's fees,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost, progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations,explorations,tests,studies,and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 452 H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement(pages 1 to_,inclusive); (2) Notice to Proceed (3) Public Construction Bond(pages to ,inclusive); (4) Certificate of Liability Insurance (5) Invitation to Bid 2020013 (6) Addenda(numbers to ,inclusive); (7) CONTRACTOR'S Bid Form (pages_to ,inclusive); (8) Bid Bond(pages_inclusive); (9) Bidders Questionnaire(pages_to , inclusive); (10) Drug Free Workplace Form (pages_to , inclusive) (11)Affidavit of Compliance(page_); (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages_to , inclusive); (13)Certification Regarding Prohibition Against Contracting with Scrutinized Companies (14)Certification Regarding Lobbying (15)Permittee's Affidavit Regarding Pollution (16) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; 453 b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. 454 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or 455 l (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment,facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 456 List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 457 This Agreement will be effective on ,20 (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY B By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E.Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 458 Exhibit 1— Pricing 459 PUBLIC CONSTRUCTION BOND (Sample Only— do not return with your bid) INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction/payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. 460 Public Work F.S.Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2)OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner,the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s)are deemed subsequent to this page regardless of any page number(s)that may be printed thereon. Page 55 of 56 461 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns,jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON (Name of Principal) By (As Attorney in Fact) (Name of Surety) 462 cifA Consent Agenda i �i�;t� BCC Meeting 08-18-2020 ftp C Qom`)" -,`` A:', INDIAN RIVER COUNTY,FLORIDA H ,_ct `'1 AGENDA ITEM 41\ *} Assistant County Administrator/ ` ?aHs►�`/ Department of General.Services Parks & Recreation Date: July 28,2020 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Michael C. Zito,Assistant County Administrator Kristin Daniels,Budget Director Jennifer Hyde,Purchasing Manager From: Kevin M.Kirwin,Director,Parks &Recreation Subject: Recommending Award of Bid #2020036 -Beach Parks Grounds Maintenance and Mowing Contract DESCRIPTIONS AND CONDITIONS: Bid # 2020036 Beach Parks Grounds Maintenance and Mowing Contract was to provide grounds maintenance services for Ambersands, Treasure Shores, Golden Sands, Wabasso, Turtle Trail, Seagrape, Tracking Station and Round Island Beach Parks and Access Points. The results and pertinent details of the bidding process are the following; BID RESULTS: Advertising Date: March 25, 2020 Bid Opening Date: May 21, 2020 Broadcast to: 216 Vendors(140 Demandstar/76 Vendor Registry through www.ircgov.com) Bid Documents Downloaded by: (21 Demandstar) Replies: 5 Vendors Firms Total Bid Brightview Landscape Services $89,250.00 Godwins Lawn & Landscape Service,Inc. $79,800.00 J-Mac Cleaning Services,Inc. $58,000.00 Mow 4 Less,LLC $99,500.00 Viking Landscaping,LLC $180,000.00 ANALYSIS: J-Mac Cleaning Services, Inc. was the lowest responsible and responsive bidder and was invited to perform the scope of services of the bid during a test period as specified in the bid. J-Mac Cleaning Services, Inc. commenced their test period on June 22, 2020 and have met all of the conditions and requirements of the scope of services in the bid documents. 463 � Ili FUNDING: Funding for this contract is allocated in Parks and Recreation (Parks) Account Number 00121072- 033190 - Other Professional Services for the amount of$58,000. Account Description Account Number Amount General Fund/Parks/Other Professional Services 00121072-033190 $58,000 RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the attached agreement and authorize the Chairman to execute said agreement after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS: Bid#2020036 Beach Parks Grounds Maintenance and Mowing Contract Agreement APPROVED AGENDA ITEM FOR AUGUST 18,2020 464 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida,(hereinafter called OWNER) and J-Mac Cleaning Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Beach Parks Mowing and Grounds Maintenance ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Beach Parks Mowing and Grounds Maintenance Bid Number: 2020036 Project Address: Multiple County Beach Parks ARTICLE 3-CONTRACT TIMES 3.01 The term of this contract will be two years beginning September 1, 2020, with two optional one-year extensions available, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$ 58,000.00 Written Amount: Fifty-eight thousand dollars and zero cents ARTICLE 5-INDEMNIFICATION 465 5.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 466 ARTICLE 7-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement(pages 1 to 12,inclusive); (2) Notice to Proceed (3) Certificate of Liability Insurance (4) Invitation to Bid 2020036 (5) Addenda(numbers 1 to 4,inclusive); (6) CONTRACTOR'S Bid Form (7) Drug Free Workplace Form (8) Affidavit of Compliance(page 20); (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships(pages 21 to 22,inclusive); (10)Certification Regarding Prohibition Against Contracting with Scrutinized Companies (11)Certification Regarding Lobbying (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 8-MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 8.02 Assignment of Contract 467 A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,Florida,or, in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 8.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 468 (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 9—FEDERAL CLAUSES 9.01 OWNER and CONTRACTOR will adhere to the following,as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1)of this section. 469 (3)Withholding for unpaid wages and liquidated damages.The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. §7401 et seq. (2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Energy Policy and Conservation Act—The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 470 (3)This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. F. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements;or (iii)At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. The list of EPA-designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records he following access to records requirements apply to this contract: (1) The contractor agrees to provide Indian River County, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. I. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 471 J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business,women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses,and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. 472 C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and lettinga new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason. terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 473 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on August 18 , 2020 (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 474 Exhibit 1— Pricing 475 Indian River County Purchasing Division 1800 27th Street c Vero Beach,FL 32960 1t'icA Phone(772) 226-1416 to RID Bid Form Annual Beach Parks Mowing and Grounds Maintenance Bid#: 2020036 Bid Opening Date and Time: April 26,2020 2:00 P.M. Bid OpeningLocation: Purchasing Division 1800 27th Street Vero Beach, FL 32960 The following addenda are hereby acknowledged: Addendum Number Date f/ ,o /9( In accordance with all terms,conditions,specifications,and requirements,the Bidder offers the following: Description Annual Total Mowing and Grounds Maintenance $ g 626)Z7 Total Bid Price in Words Page 17 of 35 476 L CONSENT AGENDA BCC 08-18-2020 j;Y _k s(.`i INDIAN RIVER COUNTY,FLORIDA 71‘ AGENDA ITEM Assistant County Administrator/ Department of General Services Parks and Recreation Date: August 10,2020 To: The Honorable Board of County Commissioners Through: Jason E. Brown,County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels,Director, Office of Management and Budget From: Kevin M. Kirwin,Director,Parks and Recreation Subject: Work Order Number 2,Masteller and Moler,Inc.-Continuing Engineering Services RFP 2018008—Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller & Moler, Inc., this award replaced the Continuing Contract Agreement for Professional Services, dated November 4, 2014. Work Order Number 2 with Masteller & Moler, Inc. under the current Continuing Consulting Engineering Services Agreements for RFQ 2018008, would provide for surveying services, engineering design, preparation of construction plans, minor site plan approval, soils engineering services, electrical engineering services, supporting permits, bidding services and specifications and construction administrative services for the construction of sanitary sewer line connections, water connection and electrical service to the new restroom. FUNDING: Funding for Work Order Number 2 is budgeted in the Park Impact Fees/North County Soccer New Restroom. Account Description Account Number Amount Impact Fees/Parks/Improvements/North Co. Soccer Field Improvements 10321072-066390-16005 $47,610 RECOMMENDATION: Staff respectfully recommends acceptance of Work Order Number 2, Fran B. Adams North County Regional Park (Playground and Soccer Complex Area), Continuing Consulting Engineering Services Agreements for RFQ 2018008 Masteller & Moler, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute. ATTACHMENT: Work Order Number 2,Masteller and Moler,Inc.—Continuing Engineering Services RFP 2018008—Fran B. Adams North County Regional Park(Playground and Soccer Complex Area) DISTRIBUTION Masteller&Moler, Inc. APPROVED FOR THE AUGUST 18,2020 AGENDA 477 CCNA2018 WORK ORDER 2 (PARKS) FRAN B. ADAMS NORTH COUNTY REGIONAL PARK RESTROOM FACILITY This Work Order Number 2 is entered into as of this day of ,20pursuant 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. OF INDIAN RIVER COUNTY By: By: Susan Adams, Chairman Print Name: Earl H. Masteller, PE, BCEE Title: President BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 478 EXHIBIT"A" CCNA2018 WORK ORDER NO. 2 (PARKS) FRAN B.ADAMS NORTH COUNTY REGIONAL PARK RESTROOM FACILITY Masteller & Moler, Inc. is pleased to present you with Work Order Number 2 which provides Professional Engineering Services for design, construction plans, permitting, specifications with bidding, and construction administration. Project Description The Indian River County Parks and Conservation Services Department plans to install a pre-fabricated restroom building(provided by others) adjacent to the playground area located just north of the softball diamonds at the Fran B. Adams North County Regional Park (WW Ranch Rd & C.R. 512). The restroom building is intended to serve park visitors at the existing soccer fields and the playground area. Said project requires the design of an extension to the existing gravity sewer system and potable water system to the restroom building. The existing gravity sewer system serves the softball facilities and flows into a lift station located along the west side of WW Ranch Road,just east of the northeastern softball diamond. This project will propose to connect to existing gravity sewer manhole #4 located at the north end of the softball facility. The existing potable water system consists of a 6" potable water main running along the west side of WW Ranch Road and terminating approximately 425 LF north of the existing Lift Station. The project will require an extension of the 6" potable water main approximately 250 LF north towards the playground site and a water service extension with backflow preventer to the proposed restroom building location. At this time, pump station and flow data to the existing lift station is unknown,and any adjustments necessary to the existing lift station in order to accommodate flows from the proposed restroom building are not included as part of this Work Order. In order that Indian River County Parks and Conservation Services may provide for bidding and construction of this project, Masteller& Moler, Inc. proposes to perform the following scope of services: Scope of Services i Task A—Surveying Services Masteller & Moler, Inc. shall use the services of our survey sub-consultant Masteller, Moler, &Taylor, Inc. to provide a Site Survey for Engineering Utility & Site Design purposes for this project. The proposed restroom building (by others) will be located north and east of the existing playground area. The proposed water main extension will begin at the existing terminus point of the water main as described above and proceed north approximately 250 lineal feet along the west side of WW Ranch Road in order to provide water service to the proposed restroom building. The proposed gravity sewer system extension will connect to existing manhole#4 and proceed north and west some 300 lineal feet in order to provide wastewater collection and conveyance services for the proposed restroom building. The Site Survey will include location of all visible improvements within the proposed project limits and detailed information as neededalong the proposed utility extension(s). Elevations will be based on NAVD 1988 and cross sections will be obtained on an as-needed basis. Base Plans will be generated showing the Site Survey information for use in preparing the Engineering Utility Design Construction Plans. 479 Task B—Engineering Design&Preparation of Construction Plans Masteller & Moler, Inc. shall use the aforementioned Base Plans for design and preparation of Construction Plans for the location and requirements for the new restroom building, gravity sewer, and potable water main extensions. Consultant shall prepare plans and specifications which shall include requirements for connection of the new utilities to existing systems and requirements for the extension of the existing utilities. Task C—Minor Site Plan Approval A Pre-Application Conference with the Technical Review Committee(TRC)was held on April 27th,2020 to discuss the Project requirements based on a Conceptual Site Plan that was submitted along with the Conference request. Masteller& Moler, Inc. shall utilize the aforementioned design and construction plans for submittal to the County Planning Department to secure Minor Site Plan Approval based on comments provided by TRC Staff at the pre-application conference. The Plans shall include improvements necessary to facilitate Minor Site Plan Approval generally including but not limited to: • Location of the proposed restroom building(building elevations&specifications provided by others); • Location of the proposed utilities extensions; • Concrete sidewalk leading to and from the restroom building and ADA compliant parking spaces, if required. Following the submittal,we shall complete any required additional rounds of responses following the first round based on hours expended multiplied by the,appropriate job classification rate set forth in Exhibit 1 attached to the Agreement for a fee not to exceed$1,780.00. Task D—Soils Engineering Services Masteller&Moler, Inc.shall use the services of our soils engineering sub-consultant KSM Engineering&Testing to provide soil engineering services for the project as follows: • Perform two(2) hand auger soil borings to a depth of 8'along the proposed utility extension routes; • Perform two(2)soil borings to a depth of 10' under the proposed restroom building location; • Provide a report detailing all findings and conclusions as to the suitability of the subsurface soils for the project. Task E—Electrical Engineering Services Masteller & Moler, Inc. shall use the services of our electrical engineering sub-consultant Treasure Coast Engineering to provide electrical engineering services for the project for the restroom building site. The electrical engineering services will generally include the evaluation of the existing power to the site(if any)to determine the suitability for the project's needs, interfacing with the power utility to ensure adequate power is delivered to the restroom building site, and furnishing of electrical plans and diagrams as necessary. 480 Task F—Supporting Permits Masteller&Moler, Inc.shall secure the supporting permits for the proposed work from the following agencies: • Indian River County Department of Utility.Services—Utility Construction Permit(Review fee of$150.00) • Indian River County Public Works—Right-of-Way Permit(Review fee of$800.00) • SJRWMD Letter Modification to ERP No. 4-061-66856-1 (Fran B. Adams North Co. Regional Park) (Review fee of$ 270.00) • FDEP Wastewater General Permit(Review fee of$250.00) • FDEP Water General Permit(Review fee of$650.00) Permit application fees are not included in this Work Order. Task G—Bidding Services and Specifications Using IRC standard bid documents, Masteller& Moler Inc. shall prepare Contract Plans and Specifications with Bid Documents to allow the Indian River County Purchasing Department to advertise and bid the proposed Site Improvements Project. Additionally, we will provide engineering services during the project's bidding process generally including but not limited to 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. Revise and/or amend Contract Plans and Specifications and prepare written addendum /addenda during bidding to reflect any comments and/or requirements by permitting agencies. 3. Research and responses to bidders' questions to be incorporated into written addenda during the bidding process. 4. Review submitted bids, evaluate for correctness and completion, compile bid comparison by line item for each bidder, contact references (if applicable), and provide Letter of Findings and Recommendation of Contract Award. Task H—Construction Administration and Observation Masteller & Moler, Inc. shall provide engineering services as needed during the construction of the project generally including but not limited to the following: 1. Preparation for and attendance of a mandatory pre-construction meeting; 2. Periodic construction observations as needed; 3. Perform the walkthrough at the end of the construction; 4. Provide a punch list to the Contractor; 5. Review the As-built drawings; 6. Prepare Project Close-out/Certification documents. 481 Deliverables—The ENGINEER shall provide the COUNTY: a. 60%Construction Plans and Preliminary Specifications-1 Hard Copy+PDF b. Final Construction Plans-2 Sets+PDF c. Bid Documents and Final Specifications necessary for Advertisement and Biddingof the work d. Related digital AutoCAD, DOC,and PDF files TIME SCHEDULE Project shall be completed as follows: Engineering Design & Preparation of Construction Plans (after NTP Receipt) 60 Working Days Submittal of Permit Applications(after NTP Receipt) 80 Working Days FEE SCHEDULE Consultant proposes to provide the outlined Scope of Services based on the following lump sum fees: Task A—Surveying Services $ 4,800.00 Task B—Engineering Design & Preparation of Construction Plans $ 13,900.00 Task C—Minor Site Plan Approval $ 2,930.00 Additional rounds of responses, hourly NTE (if necessary) $ 1,780.00 Task D—Soils Engineering Services $ 1,540.00 Task E—Electrical Engineering Services $ 3,850.00 Task F—Permitting $ 8,080.00 Task G—Bidding Services and Specifications $ 6,220.00 Task H—Construction Administration Services $ 4,510.00 Total Lump Sum Fee $ 47,610.00 File#20016 (20016_WorkOrder2-ExhibitA_20-0428.docx) 482 - >. 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O 0 O 0 O O O 0 2a0 a) c = p Z V a)N O 0- 0 to O O O 6 re 0 iii c r ° )17 l() O O O E` Q os QE ti r O M *- cc Wj W U EH E9 E9 E9 E9 69 E9 E9 • cci- MOCD aZ O a O COO % O V - N CO LO a, OQ = V - o .w O O O 0 O O < LI- cli O0 Q a 0 L� O O U) L _ z co M M d• M M O 0 Q � � E N N N W H a a' Q N 'V E9 E9 E9 E9 E9 69 E9 E9 Z HQO 'c W Q d 70 CO N N CO , N V O re v = " paLL y _ °tlV o ° c o c o co lij Z p V) ,d 2 2CV C o D Z W u. c m a 11)- o c o VyQO .ma Qa v Q 0 •E El Q: Z a) V c j < w co --- - c WQZO a o as o co o c Q m y ^ ZmZQ d a) W C c m y d ° a) L_ O `min O U o 2 I aQ0w mac ° iP o a CO COa� c 'E o' O N1rn Ea .o 3Uwa wad ¢ = a` a. am 00) I°- 330 FAM CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator d strator THROUGH: Richard B.Szpyrka, P.E., Public Works Director James W. Ennis, P.E.,Assistant Public Works Director FROM: Robert S.Skok, Infrastructure Project Manager SUBJECT: Award of Bid No.2020023 C.R. 512 Bridges Repairs (FDOT#884078&#884079), IRC-1727 DATE: August 4, 2020 DESCRIPTION AND CONDITIONS On July 2, 2019, the Board of County Commissioners approved Work Order #16 with Kimley-Horn and Associates,Inc.to design bridge repair plans to correct structural and non-structural deficiencies identified within the Florida Department of Transportation (FDOT) Bridge Inspection Reports,dated April 20, 2017. A public bid opening for the bridge repairs project was held on June 30, 2020. At that opening, the bid submitted by Cone&Graham was declared non-responsive for failure to acknowledge Addendum#2,and no bid price was read aloud.After the bid opening, Cone&Graham notified the Purchasing Division that the addendum was not available to bidders on Demandstar, and therefore their bid should not have been disqualified for failure to acknowledge it.After review,Purchasing confirmed the addendum was uploaded, but not released to bidders on Demandstar, but was available through the County's web site. The Purchasing Manager concluded Cone & Graham had the right to expect all documents would be available through the sources listed in the advertisement to bid,and therefore Cone&Graham's protest was upheld.A second public opening was held on July 1,2020 to further consider the responsiveness of their bid, which was determined to be initially responsive and their bid price announced.Addendum#2 was provided to Cone&Graham and they indicated its contents did not impact their submitted bid. Staff has modified procedures to confirm addenda are fully released on both Demandstar and the County's web site. Ultimately,three (3) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division, and the protest and response documents available in the Purchasing Division. Bid totals are as follows: COMPANY BID Proshot Concrete, Inc. Florence,AL $331,375.00 Cone&Graham, Inc. Tampa, FL $431,466.00 Ferreira Construction Southern Division, Inc. Branchburg, NJ $480,867.60 484 Proshot Concrete, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling$331,375.00. Proshot Concrete,Inc.has an office in Florida and has completed various projects of similar work for the FDOT and other municipalities within the state. FUNDING Funding is budgeted and available in Secondary Roads/Maintenance-Bridges account. Account Name Account Number Amount Secondary Roads/Maintenance-Bridges 10921441-035330 $331,375.00 RECOMMENDATION Staff recommends the project be awarded to Proshot Concrete, Inc. in the amount of$331,375.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency,and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR AUGUST 18,2020 485 SECTION 00520 -Agreement(Public Works) TABLE OF CONTENTS Title Page ARTICLE 1-WORK 2 ARTICLE 2-THE PROJECT / 2 ARTICLE 3-ENGINEER \\ 7 2 ARTICLE 4- CONTRACT TIMES CX\ \ 2 ARTICLE 5 CONTRACT PRICE ^ 3 ( \\\-/Y ARTICLE 6-PAYMENT PROCEDURE 3 \\ `. ARTICLE 7-INDEMNIFICATION � 5 \\ ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 5 \\ i ARTICLE 9-CONTRACT,DOCUMENTS' 6 RTICLE 10-MISCELLANEOUS ''-,A , 7 \J -----/ if [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY' 486 SECTION 00520 -Agreement(Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: \<<z)ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as-.specified or indicated in the Contract Documents. The Work is generally described as follows: The work will consist of structural a d\non-structural repairs to/support the rehabilitation of the eastbound(FDOT#884078) and'westb.ound(FDOT,#884079) C.R. 512 bridges over the St. Sebastian River. \ \\\y/ ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work u derAhe Contract Documents may be the whole or only a part is generally described as follows: Project Name: C:R..51ZBRIDGE REPAIRS (FDOT#884078 &#884079) County Project'Nuimber.:,IRC-1727 Bid`Number: 2020033\ Project.Address: BridgesDF OT�#884078 and #884079 on County Road 512 �`wher`e. they cross the St. Sebastian River, Sebastian, 'Florida,32958 ARTICLE 3- ENGINEER `� v 3.01 Thendian River rComy Public Works Department is hereinafter called the ENGINEER and Will-act as OWNER'S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completionhof the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 487 14.07 of the General Conditions on or before the 120th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will/commence for this portion of work. The parties also recognize the delays, expense, and/diffculties involved in proving in a legal proceeding the actual loss suffered by OWNER/if the Work is not completed on time. Accordingly, instead of requiring any such proof, `OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a`penalty,)(CONTRACTOR shall pay OWNER $1,241.00 for each calendar day that expires\after/the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse,"or fail to/complete the remaining Work within the Contract Time or-.any proper extension\theteof'granted by OWNER, CONTRACTOR shall pay OWNER $1,241.00,for each calendar-day that expires after the time specified in paragraph,4.02 for completion'an'd readin ss for final payment until the Work is completed and/ready for final payment. \ ( Y ARTICLE 5 -CONTRACT PRICE \ \\. �\ 5.01 OWNER shall pay CONTRACTOR\for`ompletion,of the Work in accordance with the Contract Documents, an�mount'in\ urrent\funds\equal to the sum of the amounts determined pursuant\t&paragr-aph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work;at t`pricessttated in,CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT-SUM subjectto o additions and deductions provided in the Contract: Numerical�Amount: $ \ �\ \ \/i \\ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and-Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A.The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent 488 (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A.Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall'contain1the' CONTRACTOR'S certification. All progress payments will_be on the tiasie oflprogress of the work measured by the schedule of values established, or in the'case of unit-price work based on the number of units completed. After fifty percent-450%f completion, and pursuant to Florida Statutes-section 21'8.735(8)(d), the`CONTRACTOR may submit a pay request to the County-as OWNER\for up to one_ha'lf (1/2) of the retainage held by the Countyas OWNER, and4heeCounty>as OWNER shall promptly make payment to the CONTRACTOR unless'such amounts are the subject of a good faith�dispute;.\the,subject of a"claim' pursuant to Florida Statutes section 255.65; $:)r otherwise the subject of a claim or demand by the County as OWNER or fheCdNTRACTOR. The CONTRACTOR acknowledges that where such retainage\i\attributable to the labor, services, or materials supplied by one-or more subcontractors or suppliers, the Contractor shall timely remit payment of-such retainage to'those subcontractors and suppliers. Pursuant to Florida Statutsection.218, 735(8)(c))CONTRACTOR further acknowledges and--agrees that: 1) the-Courity\as OWNER shall receive immediate written notice of.all decisions\made-by CONTRACTOR to withhold retainage on any subcontractor�at greater\than'five percent (5%) after fifty percent (50%) completion; and 2)CONTRACTOR will not seek release from the County as �f OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02and6.03dnot apply to construction services work purchased by the County'as-OWNER-which'are paid for, in whole or in part, with federal funds and are subject to federal grantor laws-and regulations or requirements that are contrary to any provision of the Local Government Prompt\Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance`of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 489 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. ; B. CONTRACTOR has visited the Site and become familiar with and,is satisfied as to the general, local, and Site conditions that may affect cost, progress1and-performance of the Work. C. CONTRACTOR is familiar with and is satisfied as\to all federal, state, and local Laws and Regulations that may affect cost, progress;and,perfornIance of the Work // D. CONTRACTOR has carefully studied(ll: (1) report's\of\explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface'structures at,orrcontiguous to the Site (except Underground Facilities)� which have been identified in the Supplementary Conditions as provided in paragr\apN1.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition,if any, at the Site which have been identified in the Supplementary Conditions,as,provided?in paragraph 4.06 of the General Conditions. ,`;\ • E. CONTRACTOR has obtained and.carefully studied (or assumes responsibility for having done so) all additional or supplementary., examinations, investigations, explorations, tests, studies, and\\data.,concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to'the Site which may affect cost, progress, or performance of the Work for which relate any aspect ctof\the means, methods, techniques, sequences, and procedures of construction to be)employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly-required'byythe Contract Documents to be employed by CONTRACTOR, and safety_precauti ns\and programs incident thereto F. CONTRACTOR ;does not consider that any further examinations, investigations, explorations,_tesis,,studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 490 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: CC / i 1. This Agreement(pages 00520-1 to 00520-9, inclusive),;,\ 2. Notice to Proceed (page 00550-1); \C � 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);, �� . \ .,f / 4. Sample Certificate of Liability Insur na ce(page‘00620-1); ` ._.% f \, �..� 5. Contractor's Application for ayment(pages 00622-1 to 00622-6 inclusive); \ 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); \\\ 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyo&Mapper's Certification as to Elevations and Locations of the Work(page 00634-1);N,, _ \ K ~� ' \ 9. General Conditions (pages'00700=1-to 00700-44, inclusive); 10. Supplementary Conditions (pages,00800-i to 00800-11, inclusive); /�C C �-� (11:Specifications as listed in,Division 1 (General Requirements) and Division 2 (Technical \ Provisions); ' 1 :-Drawings consisting of a cover sheet and sheets numbered BB=1 through B-8, inclusive, with each sheet\baring the following general title: CR 512 BRIDGE REPAIRS, (FDOT #884078 &#884079); 13. Addenda-(if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A—Permits Appendix B—Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 491 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire(page 00456-1 to 00456-3, inclusive); 19. List of Subcontractors (page 00458-1); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; (// 1\ \ b) Work Change Directives; \ c) Change Order(s); \ \\ \ \/ ARTICLE 10 - MISCELLANEOUS . \ 10.01 Terms A. Terms used in this Agreement will'\\\ have the rneanings indicated in the General Conditions. \, 10.02 Assignment of Contract \\\ A. No assignment by a party hereto of,any rights under or interests in the Contract will be binding on another party herett without thedwntten consent of the party sought to be bound; and;specifically but without`im'itation, moneys that may become due and moneys that are due .may not be assigned without,such consent (except to the extent that the effect of ttiis�rest it ctio` may'b�invited"by law), and unless specifically stated to the contrary in any written consent to,arnassignment, no assignment will release or discharge the assignor from\any duty C r responsibility under the Contract Documents. y \// / : �.\ 10.03`Successors and Assigns' �� ----� \\ A. OWNER--and--CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability 'A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 492 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the Countysto perform)the service. (2) Upon request from the County's Custodian of Public Records"vide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided'in\Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are\exempt`or confidential and exempt from public records disclosure requirements are not,,disclosed except as authorized by law for the duration of the contract term and'follbwing completion.%of the contract/if the contractor does not transfer the records to the County: \\\\\ (4) Upon completion of the contract, transfer., at noccost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If,the,Contractor\transferoall public records to the County upon completion of the contract;,the"Contractorshall destroy any duplicate public records that are exempt or confidential and\exemptt,i na, public records disclosure requirements. If the contractor keepand. maintainopublic.records upon completion of the contract, the Contractor shall\meetali`applicable\requirements for retaining public records. All records stored electronically must be,provided`to the County, upon request from the Custodian of Publio Records, in,a format that-is compatible with the information technology systems of the County. \`�/,'��� B.\\�If THE—CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION\OF\\CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S1.DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:" (772) 226-1424 publicrecords(ajrcdov.com Indian River County Office of the County Attorney • 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 493 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 2020 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: \\ / Susan Adams, Chairman \" (Contractor) By: /...\ . (CORPORATE SEAL) Jason E. Brown, County Administrator - Attesf\ / APPROVED AS TO FORM AND LEGAL ''.\\\j 1 / \ _ SUFFICIENCY: By: \\ \. Dylan Reingold, County AttorneyY \\ Address for giving notices: \\ , \ \ Jeffrey R. Smith, Clerk of Court and Comptroller \ \) License No. Attest: \ \\\T'-...,,,,,‘ `� (Where applicable) Deputy Clerk \\ (SEAL)/ � \ Agent for service of process: / ( \2 \ Designated Representative: / Name:\JamesWEnnis, P.E. PMP Designated Representative: ' Title: Assistant Public WorkssDirector Name: 1 1801 27th Street \ , \ ; Title: Vero Beach, Florida 32960 Address: (772) 226-1221 -/ / Facsimile: (772) 778-9391 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) ** END OF SECTION ** 494 FAN CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator THROUGH: Richard B.Szpyrka, P.E., Public Works Director James W. Ennis, P.E.,Assistant Public Works Director FROM: Robert S.Skok, Infrastructure Project Manager SUBJECT: Award of Bid No.2020048 County Welcome Signs, IRC-1816 DATE: July 31, 2020 DESCRIPTION AND CONDITIONS On February 5, 2019, the Board of County Commissioners approved Work Order #7 with MBV Engineering, Inc. to design structural and site plans for four welcome signs at points of entry into the County.Two signs are proposed on US 1 at the south&north County limits,one sign on SR 60,one sign on CR 512, both of these will be east of the interchange of 1-95 respectively. On May 5, 2020, the Board approved two Community Aesthetic Feature Agreements with the Florida Department of Transportation(FDOT).The FDOT required the agreements in order to obtain permits to construct the signs on US 1 and SR60. A bid opening for the welcome signs project was held on July 17,2020. Five(5)bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: COMPANY . BID Kenco Sign&Awning,LLC Holy Hill, FL $99,000.00 Sign Labs, Inc. W. New York, NJ $99,015.54 A.Thomas Construction,Inc. Ft. Pierce, FL $104,500.00 Rite Lite Signs, Inc. Concord, NC $139,000.00 Boromei Construction, Inc. Okeechobee, FL $167,380.00 Kenco Sign&Awning,Inc.is considered to be the lowest,responsive,responsible bidder for the project with a bid totaling$99,000.00. Kenco Sign&Awning,Inc.has completed various projects of similar work for other municipalities within the state. 495 FUNDING Funding is budgeted and available Secondary Roads/Construction Progress/County Welcome Signs, account. I Account Name Account Number Amount Secondary Roads/Construction Progress/County Welcome 10921441-066510-20033 $99,000.00 Signs RECOMMENDATION Staff recommends the project be awarded to Kenco Sign &Awning, Inc. in the amount of$99,000.00. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement Location Map Sign Rendering AGENDA ITEM FOR AUGUST 18,2020 496 Bid No.2020048/IRC-1816 SAMPLE AGREEMENT THIS AGREEMENT is by and between INDIAN RIVER COUNTY,a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida,(hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construct landmark welcome signs at four roadway entry points within the County, those locations are; US Highway 1 near the North and South County lines;SR60 East of the 1-95 interchange; and CR 512 East of the interchange with 1-95. Each sign will have a steel reinforced concrete footing, steel reinforced block wall,stone veneer finish and steel powder coated retro-reflective painted lettering. ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: INDAIN RIVER COUNTY WELCOME SIGNS(IRC-1816) Bid Number: 2020048 Project Address: US Highway 1 near the North and South County lines;SR60 East of the 1-95 interchange;and CR 512 East of the interchange with 1-95. ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 90 calendar day after the date when the Contract Times commence to run as provided in the Notice to Proceed and completed and ready for final payment in accordance with the Notice to Proceed on or before the 120 calendar day after the date when the Contract Times commence to run. Page 28 of 42 497 Bid No.2020048/IRC-1816 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty), CONTRACTOR shall pay OWNER $956.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B,below: A. For all Work,at the prices stated in CONTRACTOR's Bid,attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount:$ Written Amount: ARTICLE 5-PAYMENT PROCEDURES 5.01 Progress.Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid Page 29 of 42 498 Bid No.2020048/IRC-1816 and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. On a form provided by the OWNER, each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half(1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005),CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6—PUBLIC CONSTRUCTION BOND Page 30 of 42 499 Bid No.2020048/IRC-1816 6.01 Within fifteen (15)days of receipt of the Contract Documents for execution,the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100%of the Contract Price. If bid does not exceed$100,000,no Public Construction Bond will be required. A. In lieu of the Public Construction Bond,the CONTRACTOR may furnish an alternative form of security in the form of cash, money order,certified check,cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S.Chapter 625. Any such alternative form of security shall be for the same purpose,and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. B. Such Bond shall continue in effect for one(1)year after acceptance of the Work by the OWNER. C. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue,Vero Beach, Florida 32960. ARTICLE 7-INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its commissioners, officers, employees, and a agents, from liabilities, damages,g losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 8-CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general,local, and Site conditions that may affect cost, progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so)all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress,or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by 1. CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any,expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations,explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the 1 Page 31 of 42 500 Bid No. 2020048/IRC-1816 Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities,or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9-CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: (1) Invitation to Bid 2020048; (2) CONTRACTOR'S Bid Form(pages 14 to 16•inclusive); (3) Bid Bond(page 17); (4) Drug Free Workplace Form(page 18); (5) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships(pages 19 to 20,inclusive); (6) Bidders Qualifications Questionnaire(pages 21 to 23,inclusive); (7) Sworn Statement Under the Florida Trench Safety Act(pages 24 to inclusive); (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page (9) List of Subcontractors(page 27); Page 32 of 42 501 Bid No. 2020048/IRC-1816 (10) List of Drawings US Highway 1(North) Existing Conditions&Proposed Sign Location Sheet C-1 1 sheet Structural(Sign notes,plan&elevations, details)Sheets S-1,S-2,S-3 3 sheets US Highway 1 (South) Existing Conditions&Proposed Sign Location Sheet C-1 1 sheet Structural(Sign notes,plan&elevations, details)Sheets S-1,5-2,S-3 3 sheets SR60 Existing Conditions&Proposed Sign Location Sheet C-1 1 sheet Structural(Sign notes,plan&elevations, details)Sheets S-1,S-2,S-3 3 sheets CR512 Existing Conditions& Proposed Sign Location Sheet C-1 1 sheet Structural(Sign notes,plan&elevations, details)Sheets S-1 S-2,S-3 3 sheets Total 16 sheets (11) This Agreement(pages 28 to 37,inclusive); (12) Public Construction Bond(if applicable)(pages 38 to 40 inclusive); (13) Certificate of Liability Insurance(page 41); (14) Notice to Proceed(page 42); (15) Addenda(if applicable) to ; (16) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directive(s); c) Change Order(s) ARTICLE 10-MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract Page 33 of 42 502 Bid No. 2020048/IRC-1816 A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County,Florida,or,in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. Page 34 of 42 503 Bid No. 2020048/IRC-1816 (4) Upon completion of the contract,transfer,at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 11-TERMINATION OF CONTRACT A.The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors,or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. (6) if CONTRACTOR fails to pay subcontractors,materialmen and/or suppliers on a timely basis. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. Page 35 of 42 504 Bid No. 2020048/IRC-1816 C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience.on enience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List,created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. [The remainder of this page was left blank intentionally] Page 36 of 42 505 Bid No.2020048/IRC-1816 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ,20_(the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) Jason E.Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name:James W. Ennis, P.E., PMP Designated Representative: Title: Assistant Public Works Director Name: Address: 1801 27th Street.Vero Beach, FL 32960 Title: Phone: (772)226-1221 Address: Email: iennisPirceov.com I ' Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Page 37 of 42 506 - r-' �In r___;•-, ,, -_ - t,. 'aj 1 J ��'-, fish.III 1 Nn �' ,- ___€,--__ , 41,-e - - ..c__ ) / v 1,, ,_0 . , 0 /......_A / ..,-...;.......„------- Z l' W(3 '. it �CJ 8.. t W V ICt � � W •�i III 111, J ZZ/ ' Z i____ i _ Zo 1 ,' ir NIMIIIMP111° O> •m ,f W u0 41C) , 2 ce k° dir 11 j i'1 0 --- -- Ili Ce O �1, z f o. wOV • it I z a. W �J- m - ,t, z z Illi II J Q I ® O W _0 Z I, U 0 ii r i U 0 0 r i �j 0 i 1 i'1 ii N t1 r r �. c N Z N O } 3 CL ,_ 0 a z 0 Ti > > w 0 ....6 cc - mO 6 C o m S 6 i C n Q f 11.., C) .25 w -----.- i E o/ .....\-, 111 N. s P1 O C o xz W z I'1i w O w i1 u'v 5 i ,,11 O /OdJl W II ( aera ...1',4....1',4..-e- oL 7 ) g d103OSO. E e a : . . 1 t I. ei 00 0 tl • : R 4 I COUNTY WELCOME SIGN DESIGN ALTERNATIVES • 0 - . t;-...; .@. •• DESIGN OPTION 2:ASHAR STONE FINISH , - .- --- - -- - - - - - / • i . WELCOME TO . , ...- , . , ..„.......---, INDIAN RIVER COUNTY . 7 t r-. , :_oviYi,-.,. •- .-3 ...4 • . ..• t, • _rk r , ;.-7.7 ) .;%.7 .;11'..t- .„;“ . •... ft-' - I ' ...... _. k t 7t :2_7! . • -.."--4- (-A i „.__ ,__,___ ,_ -J 1 r . n-• i I - .--,,---1 .-:- -,----. ,1----, . -._ _,__:. _ • -.. T': J' - . . .. _ .... ..7- :._ ? • • • • • • • 6 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Asst. Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Vero Lake Estates, 85th Street Paving, from 101St Avenue to 96th Avenue Final Payment, Release of Retainage, and Change Order No. 1, IRC-1628 DATE: July 31, 2020 DESCRIPTION AND CONDITIONS On August 13, 2019 the Board of County Commissioners awarded Bid No. 2019012 to Timothy Rose Contracting, Inc. in the amount of$921,263.40 for the for the paving of 85th Street which included constructing a road base, asphalt paving, driveway turnouts, drainage system improvements, earthwork, and installation of signs and pavement markings. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by$202,196.78 for a final cost of$719,066.62. Timothy Rose Contracting,Inc.has successfully completed the project and has been paid$675,562.69, with$35,555.93 held in retainage to date. Timothy Rose Contracting, Inc.has submitted Contractor's Application for Payment No. 3 for final payment in the amount of $7,948.00 and the release of retainage in the amount of$35,555.93 for a total of$43,503.93 FUNDING Funding in the amount of$43,503.93 is budgeted and available from the following accounts: Vero Lake Estates/ Account No. 18521441-066510-18006 85th Street Paving (101St Avenue to 96th Avenue) $7,948.00 Vero Lake Estates Account No. 185-206000-18006 85th Street Paving (101st Avenue to 96th Avenue) $35,555.93 Retainage/Timothy Rose Contracting, Inc. 509 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 3 to Timothy Rose Contracting, Inc. in the amount of$43,503.93 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 3 2. Change Order No. 1 APPROVED AGENDA ITEM FOR August 18, 2020 510 SECTION 00942 -Change Order Form No. 1 DATE OF ISSUANCE: 8/18/2020 EFFECTIVE DATE:8/18/2020 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting Project: VERO LAKE ESTATES 85th STREET MILLINGS FROM 101st AVENUE TO 96th AVENUE OWNER's Project No. IRC-1628 OWNER'S Bid No. 2019012 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT CHANGE IN CONTRACT TIMES PRICE: Description Amount Description Time Original Contract Price $921,263,40 Original Contract Time: (days or dates) Substantial Completion: 150 Final Completion: 180 Net decrease of this $(202,196.78 Net increase(decrease)this Change Order: Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Price with all $719.066.62 Contract Time with all approved approved Change Orders: Change Orders: (days or dates) Substantial Completion: 150 Final Competion: 180 _ ACCEPTED: RECOMMENDED: APPROVED: Rob Skok By: By: By: CONTRACTOR(Signature) ENGINEER(Signature) OWNER(Signature) Date: Date: Date: 511 CHANGE ORDER NO. 1 - FINAL DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: VERO LAKE ESTATES 85th STREET MILLINGS FROM 101st AVENUE TO 96th AVENUE PROJECT NO: IRC-1628, BID NO.2019012 Item No.. Description Unit Unit Price Quantity Price Increase Price Decrease ARTIFICIAL COVERINGS/ROLLED EROSION 104-1 CONTROL PRODUCTS(JUTE MESH) SY 8.50 38.00 323.00 104-20 CHEMICAL TREATMENT-FLOC LOGS, DRUMS EA 280.00 12.00 3,360.00 110-7-1 MAILBOX, F&I SINGLE(RELOCATION) EA 150.00 1.00 150.00 SUPERPAVE ASPHALTIC CONC.,TRAFFIC C(TYPE 334-1-13 SP 12.5, 1-1/2"THICK) TN 118.00 2.13 251.34 ASPHALT CONCRETE FRICTION COURSE,TRAFFIC 337-7-82 C,TYPE FC-9.5,PG 76-22(1"THICK) TN 122.00 8.55 1,043.10 430-982-123 MITERED END SECTION, 15"CD EA 1250.00 8.00 10,000.00 570-1-2 PERFORMANCE TURF,SOD(BAHIA) SY 2.20 12048.45 26,506.59 SINGLE POST SIGN, F&I GROUND MOUNT, 700-1-11 UP TO 12 SF AS 325.00 4.00 1,300.00 700-1-50 SINGLE SIGN POST,RELOCATE AS 150.00 17.00 2,550.00 RETRO-REFLECTIVE PAVEMENT MARKERS(BI- 706-3 DIRECTIONAL AMBER/AMBER) EA 5.00 100.00 500.00 THERMOPLASTIC,STANDARD,WHITE,SOLID,24" 711-11-125 FOR STOP LINE AND CROSSWALK LF 4.65 285.00 1,325.25 711-16-101 THERMOPLASTIC,STANDARD,WHITE,SOLID 6" LF 1.00 8896.00 8,896.00 711-16-201 THERMOPLASTIC,STANDARD,YELLOW,SOLID,6" LF 1.00 5356.00 5,356.00 WCD 1 SOIL EXCHANGE LS 2566.00 1.00 2,566.00 WCD 2 RISER'S FOR INLETS LS 4280.00 1.00 4,280.00 WCD 3 GUARDRAIL POSTS LS 1773.00 1.00 1,773.00 WCD 4 MILLINGS FOR DRIVEWAYS LS 745.50 1.00 745.50 999-25 FORCE ACCOUNT LS 150,000.00 SUBTOTALS 9,364.50 211,561.28 VERO LAKE ESTATES 85th STREET MILLINGS FROM 101st AVENUE TO 96th AVENUE TOTAL $202,196.78 00310-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\1628-85th Street_96th Ave to 101st Ave_Roadway Improvements\1-Admin\A \ genda Items Closeout\IRC- 1628_CO#1_20200428REV2 512 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James Ennis, P.E.,Assistant Public Works Director SUBJECT: Amendment No. 17 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street DATE: August 6, 2020 DESCRIPTION AND CONDITIONS Arcadis US, Inc.(formally known as Arcadis G&M,Inc)is under contract with Indian River County to provide Civil Engineering and Land Surveying Services for Bridge Replacements and Widening of 66th Avenue from South of 5R60 to North of 57th Street. The original Agreement was approved by the Board of County Commissioners on September 6,2005 in the amount of$631,700.00. Sixteen amendments have been approved to date, bringing the total to $2,322,665.11. Amendment No. 17 provides for design services to modify existing plans for the 5PI Street Bridge to include mast arm signalization, landscape and irrigation and roadway,signing and marking.Also included is the modification to SJRWMD permit, as well as flood plain modeling. The total negotiated cost for Amendment No. 17 is a lump sum amount of $180,409.50. Amendment No. 17 increases the total contract amount from $2,322,665.11 to$2,503,074.61. FUNDING Funding in the amount of$180,409.50 for Amendment No. 17 is available from Optional Sales Tax/66th Avenue/49th—65th Street,Account No.31521441-066510-07806.The potential to fund a portion of this project with Traffic Impact Fees will be reevaluated when the 20/21 Capital Improvement Element is formulated. Account Name Account Number Amount Optional Sales tax/66th Avenue/49th—65th Street 31521441-066510-07806 $180,409.50 513 PAGE TWO Amendment No. 17 Arcadis US, Inc. For August 18,2020 BCC Meeting RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 17 with Arcadis US, Inc. (formally known as Arcadis G&M, Inc) for an amount not to exceed $180,409.50 and authorize the Chairman to execute the amendment. ATTACHMENTS Amendment No. 17 from Arcadis US, Inc. DISTRIBUTION Arcadis US, Inc. APPROVED AGENDA ITEM FOR AUGUST 18, 2020 514 BRIDGE REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR 60 TO NORTH OF 57TH STREET IRC PROJECT NUMBER 0545 PROFESSIONAL CIVIL ENGINEERING & STRUCTURAL ENGINEERING SERVICES AMENDMENT NO. 17 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. (tka ARCADIS G&M, Inc.), Inc.AND INDIAN RIVER COUNTY,FLORIDA. This is an amendment to the existing Engineering Services Agreement (AGREEMENT) dated September 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of Services", and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION III—SCOPE OF SERVICES" is being modified as identified below. 1. Modify the Existing 53rd Street Bridge Plans to incorporate: • Five-lane (12-foot)cross section West Bound— 1 Left, 1 Through, 1 Through/Right East Bound—2 Lanes • Eight-foot shoulders • Concrete barrier separated 8-foot sidewalk • Guardrail shielding of canal along south side of 53r1 Street approach 2. Design mast arm signalization at the Intersection of 53rd Street and 666 Avenue including: • Signal Plan • Easement Coordination • Structural Analysis • Warrant Study • Utility Coordination • Geotechnical Testing •. Subsurface Underground Excavation for mast arm supports 3. Modify Landscape and Irrigation Plans for medians on 66th Avenue to accommodate the expanded bridge section identified in Paragraph 1. Page 1 of 3 G:\LNR Support\Proposals\WPB\2020\Indian River County\66th AVE AMENDMENT 17 8-7-20.doc 515 4. Subconsultant Coordination throughout design and permitting process 5. Modify Roadway and Signing and Marking plans to accommodate the expanded bridge section identified in Paragraph 1. 6. The preparation of a request for a Major Modification to the previously issued St Johns River Water Management District Permit. Existing Permit No. 4-061- 87006-5 expired on May 12, 2019 following the completion and certification of Phase 1 of the project. The scope and fee included in this amendment is associated with the completion and submittal of a request for a modification to allow construction of Phase 2 of the project from Sta 294+93 (north of 49th Street)to Sta 354+00(north of 57th Street). 7. Prepare Flood Plain Model request to FEMA and prepare flood plain modeling study in support of a No Rise Certification 8. Prepare a CLOMR submittal should the flood plain study not result in a No Rise Certificate(Optional if agreed to by Indian River County) "SECTION V—COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER or agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: 1. Preparation of modified bridge plans (WGI) Lump Sum $47,610.00 la.Assistance with.Bridge permitting(WGI) Lump Sum $ 5,780.00 2. Design Mast Arm Signalization Plan (S&W Lump Sum $56,000.00 3. Modify Landscape& Irrigation Plans (Lucido) Lump Sum $ 5,000.00 4. Subconsultant Coordination Fee (5%) Lump Sum $ 5,719.50 5. Modify Roadway,Signing and Marking Plans Lump Sum $32,150.00 6. Preparation and processing of Major Modification to SJRWMD Permit No 4-061-87006. Lump Sum $ 2,850.00 7. Flood Plain Model request and preparation of Flood Plan Model and No Rise Certificate Lump Sum $25,300.00 Lump Sum $180,409.50 Page 2 of 3 G:\LNR Support\Proposals\WPB\2020\Indian River County\66th AVE AMENDMENT 17 8-7-20.doc 516 B. Optional Services Fee: 8. Prepare CLOMR request(if necessary) Lump Sum $ 3,000.00 NOTE: The above stated lump sum fees do not include permit application fees which are anticipated to be paid by Indian River County once they have been established. If the COUNTY desires the ENGINEER to pay the fees, a processing charge of 10% of the fee will be added to the required fee and will be invoiced to the COUNTY as a reimbursable expense. The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 17 to the AGREEMENT regardless of where executed, shall be governed by, and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2020. ARCADIS U:, INC. INDIAN RIVER COUNTY, FLORIDA 1500 Gatew:y,g s I ; ari Suite 200 BOARD OF COUNTY COMMISSIONERS Boynton B•aeh Fl.�,. By: • %.,' By: Vrew on, V.P. Susan Adams, Chairman WITN _ _ P BY: / Approved by BCC is L I Attest: -- -40-111— — Jeffrey R. Smith, Clerk of Circuit Court By: County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency Jason Brown, County Administrator Page 3 of 3 G:\LNR Support\Proposals\WPB\2020\Indian River County\66th AVE AMENDMENT 17 8-7-20.doc 517 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator THROUGH: Richard B.Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E.,Asst. Public Works Director SUBJECT: Work Order No.33,Kimley-Horn and Associates, Inc. 43rd Avenue Bridge Replacement Over S. Relief Canal(IRC-2014) DATE: July 27, 2020 DESCRIPTION AND CONDITIONS On April 17, 2018, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 33 is to provide survey,geotechnical,structural and roadway design and permitting services to replace the functionally obsolete bridge,originally constructed in 1951,that currently exists over the 43rd Ave Bridge over Indian River Farms Water Control District South Relief Canal.The existing structure does not currently have any shoulders which does not allow for safe pedestrian crossing. The replacement bridge will be designed to accommodate a 3-lane roadway section with 8-foot shoulders along with an 8-foot sidewalk.Additionally,the new bridge will be designed to allow for future expansion to a configuration that accommodates a 5-lane roadway with shoulders and sidewalk. Work Order No.33 is for a total lump sum amount of$166,405.00. FUNDING Funding is budgeted and available in Optional Sales Tax/43`dAvenue Bridge Over South Relief Canal account. The potential to fund a portion of this project with Traffic Impact Fees will be reevaluated when the 20/21 Capital Improvement Element is formulated. Account Name Account Number Amount Optional Sales Tax/43`d Ave Bridge Over South Canal 31521441-066510-20041 $166,405.00 RECOMMENDATION Staff recommends approval of Work Order No. 33 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No.33 on their behalf for a lump sum amount of$166,405.00. ATTACHMENTS Work Order No. 33 AGENDA ITEM FOR AUGUST 18,2020 518 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project WORK ORDER NUMBER 33 43RD AVENUE BRIDGE REPLACEMENT OVER S. RELIEF CANAL PROJECT Project Number: IRC-2014 This Work Order Number 33 is entered into as of this _ day of 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A—SCOPE OF WORK The County has requested that Kimley-Horn and Associates, Inc. (Consultant) design the vehicular bridge replacement on 43rd Avenue over Indian River Farms Water Control District (IRFWCD) South Relief Canal (Bridge No. 880045). The existing bridge was constructed in 1951 and consists of four equal 15-foot spans. Based upon the Florida Department of Transportation (FDOT) bridge inspection report,the structure has been designated as functionally obsolete. The County desires that a replacement structure be designed to accommodate a 3-lane roadway section with 8' shoulders, along with an 8' sidewalk along the west side. The replacement structure will need to be designed to allow for expansion to accommodate a future 43rd Avenue 5-lane roadway configuration. It is anticipated that 43rd Avenue will be permitted to be temporarily closed to accommodate the replacement structure construction. Task 1—Topographic Design Survey: The Consultant will provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Florida Minimum Technical Standards set forth by the Florida Board of Professional Surveyors in 519 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The survey will include: The survey will include: 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. A Design Survey Baseline will be established and monumented. A minimum of three Design Survey Baseline monuments will be installed. 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS.All elevations will be referenced to NAVD 1988 datum. 3. Research and analysis of existing right-of-way information, right-of-way maps and plats. 4. The limits of the topographic design survey are as follows: 43rd Avenue - beginning 500-feet south of the IRFWCD S. Relief Canal intersection thence northerlyalong the roadway corridor to a point 500-feet north of the S. Relief Canal. Cross section topographic survey data will be collected at 100-foot increments within the corridor limits. Topographic survey data will be collected 25 feet beyond the existing roadway right-of-way along the entire corridor. S. Relief Canal —Topographic survey data will be collected along the Canal right of way extending 200 feet east and west of 43rd Avenue corridor. Cross section topographic survey data will be collected at 25-foot increments within the survey limits. 5. In addition to the digital base map (Autocad platform), the surveyor will prepare four(4) signed and sealed design level surveys on 24"x36"sheets. Task 2-Geotechnical Investigation: The proposed field program will include conducting two Standard Penetration Test(SPT) borings, one at each end of the existing bridge to a depth of 80 feet. The SPT borings may be completed to shallower (or deeper) depths depending on the soil conditions encountered during the performance of the borings. The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586 and will be sampled at 18-inch or 24- inch intervals to 10 feet deep and at 5-foot intervals below 10 feet. 520 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project Each sample will be removed from the sampler in the field and then examined and visually classified by our crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. Prior to the mobilization of our drilling equipment, we will notify Sunshine State One-Call of Florida, Inc. (SSOCOF) of our planned exploration to allow affected utility companies the opportunity to mark the location of buried utility lines in the proposed exploration areas. The locating process will require a lead time of 2 to 4 business days. LABORATORY TESTING We preliminarily estimate that only routine laboratory visual classification of the recovered samples will be required for this project. However, gradation tests and organic content tests on select samples will be performed if deemed necessary. The number of laboratory tests will be determined upon completion of the soil borings and will depend on the nature of the encountered soils. All laboratory tests will be performed in accordance with applicable ASTM standards. ENGINEERING ANALYSIS AND REPORT Engineering analysis of all data obtained will be made to evaluate general subsurface conditions and to develop geotechnical engineering recommendations to guide site preparation and foundation design criteria for the bridge. Our recommendations as discussed above, together with all the data developed during the exploration will be submitted in a written report upon conclusion of the exploration. 521 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project Task 3—Utility Coordination: The Consultant will contact all known franchise utility companies having installations in the immediate vicinity of the proposed work and consider relocation of franchise utilities, if necessary. The Consultant will provide the County with necessary information relative to required franchise utility adjustments, relocations and installations and will show all known existing franchise utilities within the construction plans. Task 4—Roadway Analysis and Plans: Roadway set of plans shall consist of the following: 30% 60% 90% 100% Cover Sheet P C C F Summary of Pay Items P C F Typical Sections P C C F Summary of Quantities&General Notes P C C F Project Layout P C C F Plan and Profile Sheets (40 scale) P C C F Special Details P C F Cross Sections at 100 ft intervals P C F Stormwater Pollution Prevention Plans P C F Traffic Control Plans P C F Signage & Pavement Marking Plans P (40 scale double plan) (pavement C C F markings) Structure Plans P C F Construction Cost Estimate and Quantities P C C F Notes:P—Preliminary,C—Complete,but subject to change,F-Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The PROFESSIONAL will develop and submit Typical Section Packages associated with the proposed bridge replacement and roadway improvement for review and approval by the County prior to developing the 30%plan Construction Documents. 2. The bridge and roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 522 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviationsare special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. Initial, interim and Final Plan Submittal shall include the following: i. Three(3)Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1)CD with drawings in PDF format. iv. The ENGINEER will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. Task 5—Structural Analysis and Plans: This scope of services is to provide structural design and contract plans for the new roadway bridge along 43rd Avenue crossing over the S. Relief Canal. As part of this scope, the bridge tasks will include a Bridge Development Report (BDR), 30% Plans, 90% Plans and Final Plans. 1. 30% Bridge Plans: Based on the selected bridge alternative by the County, 30% Bridge Plans will be developed and submitted to the County for review which will include the following sheets: 523 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project A. General Notes D. End Bent Layouts B. Plan and Elevations E. Pile Bent Layouts C. Foundation Layouts and F. Framing Plans Pile Data Table G. Typical Section The Bridge Plans will be produced in CADD format and placed on 11"x17"sheets and provided in PDF format. 2. 90% Bridge Plans: In this phase the bridge plans will be brought up to 90% complete and submitted to the County for review concurrent with the 90% roadway plans. The 90% Bridge Plans will consist of the following type of sheets: A. General Notes I. Framing Plans B. Plan and Elevations J. Typical Sections C. Foundation Layouts K. Superstructure Layouts D. End Bent Layouts L. Superstructure Details E. End Bent Details M. Beam Data Sheets F. Pile Bent Layouts N. Approach Slabs G. Pile Bent Details 0. Bar Reinforcing List H. Finish Grade Elevations Along with this submittal the Bridge Design Calculations and the Bridge Load Rating Calculations will be submitted based on the 90% Plans. The Designs and Load Rating Calculations will utilize the Florida Department of Transportation (FDOT) Structures Design Manual. The 90% Plan Quantities will also be provided along with a Probable Opinion of Construction Cost based on FDOT statewide averages. The 90% Bridge will be produced in CADD format and placed on 11"x17"sheets and provided in PDF format. The design and load rating calculations will also be provided in PDF format. The Bridge Specifications will be based on the FDOT Standard Specifications for Road and Bridge Construction. 3. Final Bridge Plans: For this phase we will submit the Final Signed and Sealed Bridge Plans, Design Calculations, Load Rating Calculations, Quantities and the Probable Opinion of Construction Cost based on FDOT statewide averages. 524 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project Final Plans will be signed and sealed (2 sets) along with a PDF document that is not signed and sealed. The Final Design and Load Rating Calculations will also be signed and sealed (2 sets) along with a PDF document that is not signed and sealed. Task 6-Permitting: The Consultant shall prepare stormwater permit applications to St. Johns River Water Management District (SJRWMD), Indian River Farms Water Control District (IRFWCD) and Army Corp of Engineers (ACOE) for submittal by the County. This will consist of all required evaluation, design, coordination, and follow-up work necessary to support permit applications. The County will review the permit applications as necessary.The Consultant shall assemble and be responsible for the final submittal. The Consultant shall prepare permit sketches for submission by the County to ACOE and SJRWMD for dredge and fill activities, if necessary. The Consultant shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. 1. Environmental Resource Permitting/Section 404 Permitting The Consultant will have a pre-application meeting with the SJRWMD and the ACOE to discuss the proposed improvements. The Consultant will prepare and submit the Environmental Resource Permit (ERP) application packages to the SJRWMD and the ACOE. The application includes the ERP standard forms and a compilation of supplemental materials such as permit sketches, Vegetation (FLUCFCS), soils, quadrangle and FEMA-FIRM maps. The Consultant will coordinate on the behalf of the County with each agency identified in this task. This may include up to one (1) meeting with the agencies to discuss requests for additional information (RAI), and written responses to one (1) request for additional information (RAI) including plan modifications. This scope assumes that mitigation measures will not be necessary or required. This scope assumes that coordination with US Fish and Wildlife Service through the preparation of Biological Assessments or Biological Opinions will not be required. Permit application submittals will be made subsequent to the 60% plan set submittal approval by the County. The Consultant has included permit application fees associated with SJRWMD and IRFWCD within the fee schedule. Any fees beyond application fees shall be paid for by the Cou nty. Page 7of10 525 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project EXHIBIT B—FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Task 1—Topographic Design Survey $ 9,750 Task 2—Geotechnical Investigation $7,060 Task 3—Utility Coordination $3,810 Task 4—Roadway Analysis and Plans $40,465 Task 5—Structural Analysis and Plans $90,260 Task 4—Permitting $ 15,060 Total Project $ 166,405 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 8 of 10 526 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project EXHIBIT C—TIME SCHEDULE Upon authorization to proceed by the COUNTY,final design documents are expected to take approximately nine (9) months from the Notice to Proceed (NTP). NTP contingent upon BOCC approval Initial Submittal (40% Design Drawings) 5 months following NTP Interim Submittal (80%Design Drawings) 7 months following NTP Final Submittal (100%Design Drawings) 9 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 9 of 10 527 Work Order No.33 43rd Avenue/S.Relief Canal Bridge Replacement Project The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A(Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothingcontained 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 KIMLEY-HOR► =• •CIATES, OF INDIAN RIVER COUNTY INC. By: -Aft By: B f . Goo. P.E. Susan Adams,Chairman Title: Senior Vice President BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney { Page 10 of 10 528 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown,County Administrator THROUGH: Richard B.Szpyrka, P.E., Public Works Director James W. Ennis, P.E.;Assist. Public Works Director FROM: Robert S.Skok, Infrastructure Project Manager SUBJECT: Amendment No.4 to Agreement for Professional Services with Bowman Consulting Group,Ltd. 58th Avenue Reclamation 57th Street to 85th Street(IRC-1325) DATE: August 7,2020 DESCRIPTION AND CONDITIONS On May 23,2017,the Board of County Commissioners approved an Agreement for Professional Services with Bowman Consulting Group, Ltd for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street in the amount of$397,746.00.Three amendments have been approved by the Board of County Commissioners bringing the agreement total to$497,188.00. Since construction for the roadway project started on July 27,2020,there have been several design changes needed. Amendment No. 4 is for modifications and permitting for drainage within the Indian River Farms Water Control District(IRFWCD)right-of-ways in the amount of$11,840.00.This amendment brings the total contract amount to$509,028.00. FUNDING Funds for this Amendment in the amount of$11,840.00 are available from Optional Sales Tax/58th Avenue Reclamation/57th to CR510 Account No.31521441-066510-16023. Account Name Account Number Amount Optional Sales Tax/58th Ave.Reclamation/57th to CR 510 31521441-066510-16023 $11,840.00 RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No.4 for a lump sum fee of $11,840.00 and requests the Board of County Commissioners authorize the Chairman to execute Amendment No.4 on their behalf. ATTACHMENT Amendment No.4 with Bowman Consulting Group, Ltd. AGENDA ITEM FOR AUGUST 18,2020 529 FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD THIS FOURTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN INDIAN RIVER COUNTY AND BOWMAN CONSULTING GROUP, LTD ("Fourth Amendment") is entered into as of the day of August, 2020 by and between Indian River County,a political subdivision of the State of Florida,whose address is 1801 27th Street, Vero Beach, Florida, 32960 ("County"), and Bowman Consulting Group, LTD., a Virginian corporation authorized to do business in Florida, whose address is 3863 Centerview Drive, Suite 300, Chantilly,VA 20151 (the"Consultant"). RECITALS WHEREAS, on May. 23, 2018, County and Consultant entered into an Agreement for Professional Services for design and construction services for 58th Avenue Pavement Reclamation and Resurfacing from 57th Street to 85th Street(the"Agreement"); and WHEREAS,on June 12,2018,the County and Consultant entered into a First Amendment to the Agreement for preparation of waterline designs; bid services, construction engineering services and project turnover of utility relocations associated with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57th Avenue to 85th Street/CR 510; and WHEREAS, on December 11, 2018, the County and Consultant entered into a Second Amendment to the Agreement for the design of a communication network throughout the project limits with the construction of 58th Avenue Pavement Reclamation and Resurfacing from 57th Avenue to 85th Street/CR 510; and WHEREAS, on July 2, 2019, the County and Consultant entered into a Third Amendment to the Agreement for the upgrades to design to 58th Avenue by way of roadway widening between 77th Street and 81St Street to accommodate the addition of a center turn lane to assist with traffic flow into County owned Fairgrounds; WHEREAS, County and Consultant desire to amend the Agreement to provide design and permitting services for modifications needed at 815t Street and 73`d Street associated with the construction of 58th Avenue Pavement Reclamation and resurfacing from 57th Street to 85th Street/CR510. 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. Amendment of Section 5 Compensation. The first sentence of Section 5—Compensation is amended to read as follows: 530 "The COUNTY shall pay to Consultant the mutually agreed professional fee of$11,840.00 for the work performed under this Fourth Amendment, bringing the total payment to consultant of FIVE HUNDRED AND NINE THOUSAND AND TWENTY EIGHT DOLLARS ($509,028.00) for Services rendered for the Project, to be paid in monthly installments or a deliverable basis as set forth in the Exhibits." 3. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF,County and Consultant have executed this instrument this_day of August, 2020. BOWMAN CONSULTING GROUP,LTD INDIAN RIVER COUNTY,FLORIDA 4450 W. Eau Gallie Boulevard, Suite 232 Melbourne,Florida 32934 By: By: Robert A. Hickey, Secretary Susan Adams, Chairman Board of County Commissioners WITNESSED BY: Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. Debraal Deputy County Attorney Jason E. Brown, County Administrator 531 Design Services: 1. Prepare a design modification at 815t Street, involves the replacement of an existing 54"CMP with a 48"RCP from the existing headwall for the 48"RCP crossing 58th Avenue. The replacement 48"RCP shall be doweled into the existing headwall l and collar used to secure it into place. The replacement 48"RCP shall be extended east to the canal with a rip rap headwall. Coordinate with Indian River Farms Water Control District. Prepare permit, update,bid schedule,modify road plan and profile sheet,prepare detail of wall connection, prepare new drainage plan and profile sheet. ($3,500 LS) 2. Prepare a design modification at 81St Street, a roadside drainage swale parallel with 58th Avenue, on the east side of the road should be designed that extends approximately 400' north and 1200-1400' south of the replacement 48"RCP at 81st Street. The drainage swale should be sloped to drain to a sump estimated to be about 300' south of the replacement 48"RCP at 81st Street. At the sump, a Type"E"drainage structure will be located with a 24"RCP pipe extending east to thecanal with a rip rap headwall. Coordinate with Indian River Farms Water Control District. Prepare permit,update bid schedule,modify road plan and profile sheet, prepare detail of wall connection,prepare new drainage plan and profile sheet. ($2,000 LS) 3. Prepare a design modification for replacement of failed pipes at 73rd Street, for the existing drainage system which consists of four pipes and a sand-cement sack headwall on all four sides. The sand sack-cement walls will be replaced with a box structure estimated to be 6' x 8' with Type 7 manhole top. To the west, going under 58th Avenue, is an existing 60"CMP that will be removed and replaced with a 54"RCP. To the north is an existing 42"CMP that will be removed and replaced with 42"HP (High Performance Polypropylene Pipe). To the east is an existing 60"ADS N-12 that was recently constructed and will remain. To the south is an existing 42"CMP that will be removed and replaced with 42"HP(High Performance Polypropylene Pipe). Prepare permit,update bid schedule,modify road plan and profile sheet, prepare detail of wall connection,prepare new drainage plan and profile sheet. ($4,500 LS) 4. Assist with submittal reviews,respond to RFIs, interpretation of the drawings and other design support tasks is$1,840. TOTAL LUMP SUM FEE $11,840.00 532 g>�s CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne BoyII .d "15 Human Resources Director DATE: August 12, 2020 SUBJECT: Approval of Agreement with Florida Blue for the County's Stop Loss Policy BACKGROUND: The County is partially self-insured in its Group Health Insurance Program and we carry a policy that reimburses the County for claims that exceed a specific limit. This type of policy is called a stop loss policy, excess loss policy, or reinsurance policy. The County's current stop loss policy is with Florida Blue (Highmark) and has a specific deductible of$300,000 for individual claims and an aggregate stop loss deductible of $100,000. The current annual premium for this policy is $824,419. The premium is based on a monthly composite & aggregate rate of$40.70 per 1,688 lives. The premium amount will fluctuate based on actual monthly enrollment in the health plan. Lockton has provided information regarding the current stop loss market. The trend reflects that high-cost claims continue to escalate in both frequency and severity, with 1.5% of members driving over 42%of total costs. The market reflects that claimants over$3M+ have increased in prevalence by 140% since 2015. Stop loss carrier loss ratios are running at 81% compared to a 70%-75%target and they are more selective in cases they quote. Currently,the County's health plan has five (5)ongoing high cost claims. Two claims have already reach stop loss thresholds with total claims through June 30, 2020 at$1,395,766. The projected future costs through the remainder of the plan year range from $925K to $1.8M with the possibility of two (2)additional claimants reaching stop loss reimbursement thresholds. Lockton Companies marketed the County's stop loss coverage and received two (2) firm quotes, with eight(8)carriers declining to quote due to being uncompetitive and/or historical losses. The firm quotes are from Florida Blue (Highmark) and Symetra. The various options include maintaining the aggregate deductible at$100,000 and retaining the individual specific deductible at$300,000 or increasing it to$325,000 or$350,000. Florida Blue has provided three(3)quotes and Symetra has provided one (1) quote. ANALYSIS: Our broker/consultant Lockton Companies evaluated and reviewed the Florida Blue and Symetra quotes. The quote from Symetra is not competitive and includes a laser liability of$200,000. The most competitive quote was from our current stop loss carrier Florida Blue. Florida Blue presented a renewal option and two coverage options. The renewal retains the current 533 individual specific and aggregating deductibles of $300,000 and $100,000. The first option for Florida Blue increases the individual specific deductible to $325,000 and the second option increase the individual specific deductible to $350,000. Lockton used a Monte Carlo analysis to evaluate cost and risk to determine the recommended coverage levels. After analysis of the proposals and the projected claims experience, Lockton has provided the following recommendation: Our recommendation is to renew stop loss coverage with Florida Blue(HM)as they have provided Indian River County with the best stop loss rates, contract terms, and they also provide better cash flow with immediate stop loss reimbursements. Lockton recommends renewing at the current $300,000 Individual Specific Deductible or, if your risk tolerance allows, selecting the $325,000 Individual Specific Deductible. Moving to the $325,000 deductible provides IRC with' $118,000 in annual fixed cost savings and also increases the liability for Indian River County by $25,000 for each member on the plan. If four or less individuals exceed the$325,000 deductible from 10/1/2020-9/30/2021, this would lead to savings and if five or more exceed the$325,000 deductible IRC would have saved money remaining at the$300k deductible. The results of the analysis indicate the two options Lockton recommends are either: Renewal Option $300,000/$100,000 specific/aggregate deductible $55.69 total composite specific and aggregate rate Annual premium of$1,128,057 OR Option 1- $325,000/$100,000 specific/aggregate deductible $50.01 total composite specific and aggregate rate Annual premium of$1,013,003 Staff is recommending the Renewal Option of$55.69 total composite specific and aggregate rate, which preserves the current individual specific deductible of$300,000. Under this renewal,there is no laser and there is no commission paid. FUNDING Funding for the annual stop loss insurance premiums of$1,128,057 is included in the Employee Health Insurance/Stop Loss Fees Account 50412719-034589. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the Renewal Option with Florida Blue for the County's stop loss policy for plan year 2020/2021 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: Indian River County Self-Funded Reinsurance Renewal 2020/21 Lockton Companies Marketing Analysis and Monte Carlo Modeler 534 Fl rid4,Blue d An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of County Comm Sales Representative: George Eppl Effective Date: 10/01/2020 Broker: LOCKTON COMPANIES LLC Through Date: 09/30/2021 TPA: Florida Blue Provider Network(s): Florida Blue Utilization Review Vendor(s): Florida Blue Specific: (Check one) Lives Current al Renewal •Option 1 •Option 2 Specific Deductible(per Covered Individual) $300,000 $300,000 $325,000 $350,000 Policy Year Maximum Specific Benefit Inforce Unlimited Unlimited Unlimited Lifetime Maximum Specific Benefit i Inforce Unlimited Unlimited Unlimited Covered Benefits Med,Rx Card Med,Rx Card Med,Rx Card Med,Rx Card Specific Premium Composite Rate 1,688 $38.88 $53.66 $47.95 $44.53 Total Lives 1,688 Estimated Contract Specific Premium $787,553 $1,086,937 $971,275 $902,000 Contract Aggregating Specific Loss Fund $100,000 $100,000 $100,000 $100,000 Contract Basis 72/12 84/12 84/12 84/12 Commission 0.00% 0.00% 0.00% 0.00% Aggregate: (Include? • Yes • No) Covered Benefits Med,Rx Card Med,Rx Card Med,Rx Card Med,Rx Card Policy Year Maximum $1,000,000 $1,000,000 $1,000,000 $1,000,000 Aggregate Factors Composite Med,Rx Card Factor 1,688 $1,334.80 $1,494.23 $1,498.71 $1,503.20 I Estimated Contract Attachment Point 1,688 $27,037,709 $30,267,123 $30,357,870 $30,448,819 t' Estimated Contract Minimum Attachment Point(100%) $27,037,709 $30,267,123 $30,357,870 $30,448,819 I Aggregate Corridor 125% 125% ' 125% 125% Contract Basis 72/12 84/12 84/12 84/12 Aggregate Premium Composite Rate 1,688 $1.82 $2.03 $2.06 $2.08 Estimated Contract Aggregate Premium 1,688 $36,866 $41,120 $41,727 $42,132 Commission 0.00% 0,00% 0.00% 0.00% Total Combined Estimated Contract Premium $824,419 $1,128,057 $1,013,003 $944,132 Note:This proposal is not complete unless accompanied by the proposal notes and the basis of offer noted on the following pages. Individual Special Requirements: Underwriter: KMC(July 27,2020) 10683960576-2020-588385-3-3 53age 1 of 4 FlrridA,Blue a d An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of.County Comm PROPOSAL NOTES • The rates and factors in this proposal are firm. Please provide a signed proposal. • Large claim data must be submitted for any claims that are at or have the likelihood to exceed 50%of the group specific deductible.Large claim data must include:age,sex,diagnosis,prognosis,treatment plan,case management notes(if applicable),Pre-Cert and paid/pended claims. • The Estimated Contract Attachment Point includes the Aggregate Corridor level as shown. To determine Estimated Expected Claims,you may divide the Attachment Point or Attachment factors by the corridor level. • The specific rates in this proposal are based on an aggregating specific arrangement. Total Specific Liability includes estimated contract specific premium and the aggregating specific fund. • Human Organ Transplant benefits are payable in accordance with the underlying plan and are subject to the proposed Lifetime Maximum Specific Benefit offered within this proposal. • This proposal includes a 50%rate cap on the Specific Premium Rate at the renewal of your stop loss policy.If applicable,this increase will also apply to the Aggregating Specific Loss Fund.The rate cap does not apply to Material Changes,including but not limited to the following: underlying plan document,our stop loss contract provisions,PPO network or TPA,and the rates may be further adjusted by such changes.The rate cap rider applies to this policy term only. It may be offered at subsequent stop loss policy renewals at the discretion of Underwriting. • At renewal we will not apply any new Special Risk Limitations including but not limited to an Alternate Specific Deductible or Excluded Claim Expense unless requested. PROPOSAL ACCEPTANCE Leave of Absence(LOA)Policy for eligible employees is: Days or Weeks or Other and it is to be applied once per plan year per member and only after FMLA allowance is exhausted. Leave Of Absence allowance need not be used in consecutive days,but total time not actively at work during the plan year as a whole must not exceed the above outlined allowance plus the 90 day FMLA allowance. In the absence of Leave of Absence language in the group plan document,the above will be considered as the LOA policy as it relates to Stop Loss Eligibility and continuation of coverage only. Any subsequent changes must be approved by Florida Blue at least 30 days in advance of the effective date of the change. Failure to notify Florida Blue of your company's policy changes for Leave of Absence may result in a possible Stop Loss claim denial.Upon exhaustion of LOA benefits as described above,to continue Stop Loss eligibility members must be offered COBRA as outlined in the "Continuation of Coverage Under Cobra"section in your Group Benefit Book. All other eligibility requirements beyond the LOA allowance described here are outlined in the Group Benefit Book and apply to the Stop Loss in their entirety. Please acknowledge acceptance of the terms in this proposal by signing and returning by 08/21/2020(no signed proposal will be accepted after the effective date). Please also indicate which option is chosen and whether Aggregate is to be included,by checking the appropriate boxes on the previous page. Failure to remit the signed agreement within the same period will result in updated large claim disclosure(and claims)being required for our review. All payments after the effective date of this policy,found on the previous page,must use the rates selected. Any deviation from the rates specified could result in an underpayment leading to a possible policy cancellation. Signature: Title: • Accepted on the day of ,20 53 Underwriter:KMC(July 27,2020) 10683960576-2020-588385-3-3 rage 2 of 4 Florida,Blue d. An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of.County Comm initials: date: BASIS OF OFFER Assumptions • Aggregate coverage is only available when purchased with Specific coverage. • This proposal is subject to revision if there is a change in effective or renewal dates,or a change in the plan of benefits. • This proposal is based on the utilization of the Provider Network(s)and the Utilization Review Vendor(s)listed on this proposal. • This proposal assumes a minimum participation level of 75%applies for all eligible enrollees under a contributory plan,and 100%under a non- contributory plan. • This proposal assumes the plan of benefits includes a pre-certification,utilization review and large case management program. • This proposal is based on a description of the employee benefit plan(s)provided and approved by Florida Blue,employee and dependent census data,plus any other information relevant to the underwriting risk. If any of the information was incorrect or changes the risk involved,the rates and factors will be modified,and the specific and aggregate claims will be adjusted accordingly. • Surcharges(including the bad debt and charity surcharge portion of the New York Reform Act applicable to services are rendered in New York State),pool charges,and/or covered lives assessments may be covered under the stop loss policy if such charges are considered a claim cost. Florida Blue is not responsible for the filing,and/or payment of any assessment for which Florida Blue is not directly liable including but not limited to the New Hampshire Vaccine Assessment as modified by NH HB 664. • All standard Policy provisions apply. The laws of the state where the policy is issued will apply. Certain exclusions and limitations may apply. • Retirees are included in the stop loss coverage. • This proposal will expire on the proposed effective date. • The dollar value of the minimum attachment point shown above is representative. The actual value of the minimum attachment point will be calculated according to the terms of the stop loss policy. • Unless otherwise limited or excluded by the stop loss policy or under the Individual Special Requirements,eligible claim expenses under the stop loss policy will follow the covered underlying plan,up to the proposed Specific Benefit Maximum. • The Agent is properly licensed and appointed by Florida Blue. • The initial rates are guaranteed for the proposed policy period unless otherwise noted. • There are not more than 15%COBRA participants. Qualifications • Any stop loss insurance requested and requested effective date of that coverage must be approved by us under our current rules and practices. • Both the premium rates and the aggregate factors are subject to change should the number of employees change by 10%or more,either in total and/or by single/family mix. • If the descriptions of the benefits or plan provisions differ from what was initially utilized to underwrite the risk,an updated Plan Document or other acceptable plan description is required within 30 days of the proposed effective date,and the premium rates and aggregate factors may be subject to re-rating,retro-active to the effective date. • Quote assumes the Plan Document will include traditional industry provisions and definitions including,but not limited to the following: eligibility, HIPAA,termination provisions,extension for leave of absence or disability,FMLA,subrogation,transplants,COB,exclusions for job related injuries,experimental and cosmetic treatment,felonies,usual and customary charges,war,not medically necessary,traveling outside of the U.S. solely for the purpose of receiving medical care. In the event that a Plan Document is not available within 30 days from the proposed effective date,we reserve the right to issue the Policy assuming standard exclusions will apply. • HIPAA Privacy rules permit the release of Protected Health Information(PHI)for the purpose of evaluating and accepting risk associated with the Plan Sponsor as part of"Health care operations". Florida Blue will use this information solely for the purpose of evaluating and accepting the risk and will not disclose any PHI collected except to perform this risk evaluation. Coverage is underwritten by Florida Blue,Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. HM Life Insurance Company is an independent company providing only administrative services. Underwriter:KMC(July 27,2020) 10683960576-2020-588385-3-3 53 Page 3 of 4 F rrnlia Bute ooae d An Independent Licensee of the STOP LOSS PROPOSAL FOR Blue Cross and Blue Shield Association Indian River County Board of County Comm • The rates and factors in this proposal are based on the disclosure of all individuals considered a special enrollee due to having previously satisfied the plan's lifetime maximum. Written acceptance by Florida Blue must be acknowledged before terms of coverage for such individuals are included under Florida Blue's stop loss policy. • Any stop loss policy issued by us may be rescinded or re-underwritten if any information requested in connection with this proposal was intentionally concealed or misrepresented by or on behalf of the Applicant and/or the Applicant's Agent,or if the Applicant and/or the Applicant's Agent commits fraud. • As used above: An"Agent"is the Applicant's representative,including but not limited to,the agent,producer or broker of record,or Claims Administrator. The"Applicant"is the entity,or that entity's authorized representative,that has contracted with us to provide stop loss coverage. A "Claims Administrator"is a third party administrator(TPA)designated by the Applicant and approved by us. "Claim Information"consists of Complete Details of the data requested by us in connection with this proposal following a Diligent Review;such information includes but is not limited to Know or potential catastrophic claims,large claims and/or shock losses. "Complete Details"includes the name,social security number (or unique identifier),date of birth,diagnosis,prognosis(unless prognosis cannot be obtained due to reasons beyond your or your Claims Administrator's control)of the plan's participants and the name of the provider providing treatment to any such participant covered by or eligible for coverage. A"Diligent Review"consists of a complete review by you,and/or your Claims Administrator and/or your Agent prior to the date Known or potential catastrophic claims,large claims and/or shock losses are requested by us in connection with this proposal. "Disclosure"consists of Complete Details and any other documentation requested by us in connection with this proposal following a Diligent Review including but not limited to census information and Claim Information. We consider information in connection with this proposal"Known"if,prior to the date or dates we request such information(including but not limited to Disclosure and Claim Information)a reasonable person can assume that you, and/or your Claims Administrator and/or your Agent had knowledge of any information that affects or may affect the administration or underwriting of any coverage issued following acceptance of coverage by us. Coverage is underwritten by Florida Blue,Jacksonville, FL and is administered by HM Life Insurance Company, Pittsburgh, PA. 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OU YU O J • al 0) is a.. a) H W 0 o - > a) GC c W La N = I— 0 zc• W5 C G L • W a) v Y Ce 75 •i O a1 W ce d N O L, C -D a) _ E"' V) Coa • aJ 'AW -D •- ',/e,Z • n74. �- •— W 7 . m Ws c _a W > NO • • W -0 • • -0 N O 3 5U i • o as v Q W a1 c a) a W a) -C v. W • O C N o . Z o o - Q • 2v. c 0 Y - E 0 L L � Y .Z o 3 N N CSC 0 •C 0 © CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne BoyII Human Resources Director DATE: August 12, 2020 SUBJECT: Approval of Blue Medicare Advantage Renewal • BACKGROUND: Under Florida Statute, retirees of the County are eligible to continue health insurance under the County's self-insured Group Medical Insurance Program. Beginning in 2008, retirees who attain age 65 are provided the option to enroll in the Blue Medicare Advantage Plan. The Board of County Commissioners approved the current Blue Medicare Group PPO 2 RX 1 plan in 2019 at a monthly premium of$295.11. Staff received a renewal evaluation for the plan year beginning October 1, 2020, providing for two renewal options. The first option maintains the same benefits at a reduced premium of $250.23 per member per month. The second renewal option provides for additional benefits providing dental, vision, and hearing aid coverage and is also at a reduced premium of$257.24 per member per month. Staff recommended the second renewal option to include the addition of dental, vision and hearing aid benefits at a monthly premium of$257.24 per member per month and retaining the PPO 2 RX 1 plan benefits as reflected in the attached proposal. In order to provide retirees with the renewal information, the County Administrator has approved this recommendation under Resolution 2020-54 and the item is presented to the Board for ratification. FINANCIAL IMPACT: Currently,six retirees and two spouses participate in the Medicare Advantage Plan. A breakdown of the financial impact of the renewal proposal is listed below: Annual Monthly Annual MAP Retiree Annual IRC Premium _ Premium Premium Subsidy Current $295.11_ $28,330.56_ $24,293.40 $4,037.16 Renewal $257.24 $24,695.04 21,176.04 $3,519.00 $Change $ (37.87) $ (3,635.52) $ (3,117.36) $ (518.16) 556 The annual retiree premium is reduced and the County's subsidy amount is also reduced. This expense is funded from the OPEB Trust fund account 701038-368010. RECOMMENDATION: Staff recommends and respectfully requests that the Board approve the renewal of the current Blue Medicare PPO 2 RX 1 plan effective October 1, 2020 through September 30, 2021 and authorize the Chairman to execute the renewal agreement. ATTACHMENTS: • Indian River County Retiree Medicare Advantage Renewal Evaluation effective October 1, 2020 557 Flora-4, 464w d 2020 Summary of Benefits Medicare Advantage Plan with Part D Prescription Drug Coverage BlueMedicare Group PPO (Employer PPO) 1/1/2020— 12/31/2020 PPO2Rx1 with Dental, Hearing, Vision Indian River County BOCC#90000 mar Aini ME MEI EMI 11E1111 1111111111116, The plan's service area includes: Nationwide Y0011_34921 0819 CMS Accepted 558 The benefit information provided is a summary of what we cover and what you pay. To get a complete list of services we cover, call us and ask for the"Evidence of Coverage." You may also view the "Evidence of Coverage"for this plan on our website, www.floridablue.com/medicare. If you want to know more about the coverage and costs of Original Medicare, look in your current "Medicare &You" handbook. View it online at http://www.medicare.gov or get a copy by calling 1-800- MEDICARE (1-800-633-4227), 24 hours a day, 7 days a week. TTY users should call 1-877-486-2048. Who Can Join? You and your dependent(s) can join this plan if you are a retired employee of the group and the following conditions are met: • You and your dependent(s) are entitled to Medicare Part A and enrolled in Medicare Part B • You and your dependent(s) live in the plan service area, and • You are identified as an eligible participant by your former employer. Neither you nor your dependent(s) are eligible for this plan if: • You are an active employee of the group, or • You are a retired employee of the group with a dependent who is an active employee of the group and has coverage through the group's plan for active employees. Our service area includes all 50 states and the District of Columbia Which doctors, hospitals, and pharmacies can I use? We have a network of doctors, hospitals, pharmacies, and other providers. If you use providers that are not in our network to receive medical services, you may pay more for these services. If you use pharmacies that are not in our network to fill your covered Part D drugs, the plan will generally not cover your drugs. • You can see our plan's provider and pharmacy directory at our website (www.floridablue.com/medicare). Or call us and we will send you a copy of the provider and pharmacy directories. Have Questions? Call Us • If you are a member of this plan, call us at 1-800-926-6565, TTY: 1-800-955-8770. • If you are not a member of this plan, call us at 1-855-601-9465, TTY: 1-800-955-8770. o We are available October 1 to March 31, 7 days a week, from 8:00 a.m. to 8:00 p.m. local time, except for Thanksgiving and Christmas. o From April 1 to September 30, we are open Monday through Friday, from 8:00 a.m. to 8:00 p.m. local time. • Or visit our website at www.floridablue.com/medicare. Important Information Through this document you will see the "0" symbol: Services with this symbol may require prior authorization from the plan before you receive the services from network providers. If you do not get a prior authorization when required, you may have to pay out-of-network cost-sharing, even though you received services from a network provider. Please contact your doctor or refer to the Evidence of Coverage (EOC)for more information about services that require a prior authorization from the plan. 559 2 Monthly Premium, Deductible and Limits a Monthly Plan • $257.24 for PPO2Rx1 w/ DVH Premium You must continue to pay your Medicare Part B premium. Deductible • In-Network: $0 • Out-of-Network: $2,000 • $0 per year for Part D prescription drugs Maximum • $2,000 is the most you pay for copays, coinsurance and other costs for Medicare- Out-of-Pocket covered medical services from in-network providers for the year. Responsibility • $4,000 is the most you pay for copays, coinsurance and other costs for Medicare- covered medical services you receive from in and out-of-network providers combined. Medical and Hospital Benefits In-Network Out-of-Network Inpatient • $250 copay per day, days 1-7 • 40% coinsurance after$2,000 out-of- Hospital Care 0 • $0 copay per day, after day 7 network deductible Outpatient • $75 copay per visit for Medicare- • 40% coinsurance after$2,000 out-of- Hospital Care covered observation services network deductible • $250 copay for all other services 0 Ambulatory • $175 copay in an ambulatory surgical • 40% coinsurance after$2,000 out-of- Surgical Center center network deductible Doctor's Office • $35 copay per primary care visit • 40% coinsurance after$2,000 out-of- Visits • $50 copay per specialist visit network deductible Preventive Care • $0 copay • 40% coinsurance • Abdominal aortic aneurysm screening • Alcohol misuse screening and counseling • Annual Wellness Visit • Bone mass measurements • Breast cancer screening (mammograms) • Cardiovascular disease screening and intensive behavioral therapy • Cervical and vaginal cancer screening • Colorectal cancer screening • Depression screening • Diabetes screening and self-management training • Glaucoma screening • Hepatitis B and C screening • HIV screening • Intensive Behavioral Therapy for Obesity 560 3 In-Network Out-of-Network • Lung cancer screening • Medical nutrition therapy • Prostate cancer screening • Sexually transmitted infections - screening and high-intensity behavioral counseling to prevent them • Smoking and tobacco use cessation counseling • Vaccines for influenza, pneumonia and Hepatitis B • Welcome to Medicare preventive visit Any additional preventive services approved by Medicare during the contract year will be covered. Emergency Medicare Covered Emergency Care Care • $75 copay per visit, in-or out-of-network This copay is waived if you are admitted to the hospital within 48 hours of an emergency room visit. Worldwide Emergency Care Services • $75 copay for Worldwide Emergency Care • $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. Urgently Medicare Covered Urgently Needed Services Needed Urgently needed services are provided to treat a non-emergency, unforeseen medical Services illness, injury or condition that requires immediate medical attention. • $50 copay at an Urgent Care Center, in-or out-of-network Convenient Care Services are outpatient services for non-emergency injuries and illnesses that need treatment when most family physician offices are closed. • $50 copay at a Convenient Care Center, in- or out-of-network Worldwide Urgently Needed Services • $75 copay for Worldwide Urgently Needed Services • $25,000 combined yearly limit for Worldwide Emergency Care and Worldwide Urgently Needed Services Does not include emergency transportation. 561 4 In-Network Out-of-Network Diagnostic Laboratory Services • 40% coinsurance after$2,000 out-of- Services/ • $0 copay at an Independent Clinical network deductible Labs/Imaging0 Laboratory • $30 copay at an outpatient hospital facility X-Rays • $100 copay at an Independent Diagnostic Testing Facility (IDTF) • $250 copay at an outpatient hospital facility Advanced Imaging Services Includes services such as Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET), and Computer Tomography(CT) Scan • $175 copay at a physician's office • $175 copay at an IDTF • $250 copay at an outpatient hospital facility Radiation Therapy • $50 copay at all locations Hearing Medicare-Covered Hearing Services 0 Medicare-Covered Hearing Services Services a $50 copay for exams to diagnose and • 40% coinsurance after$2,000 out-of- treat hearing and balance issues network deductible for exams to •))9‘ diagnose and treat hearing and Additional Hearing Services balance issues • $45 copay for one routine hearing Additional Hearing Services exam per year • 40% coinsurance for one routine • $0 copay for evaluation and fitting of hearing exam per year hearing aids • 40% coinsurance for evaluation and • $699 or$999 copay per aid (two fitting of hearing aids hearing aids per year, one per ear) • $699 or$999 copay per aid (two hearing aids per year, one per ear) Dental Services Medicare-Covered Dental Services 0 Medicare-Covered Dental Services cif? ■ $50 copay for non-routine dental care • 40% coinsurance after$2,000 out-of- network deductible for non-routine. dental Additional Dental Services Additional Dental Services • $0 copay for covered preventive dental • 50% reimbursement of the allowed services amountfor covered preventive dental • $0 copay for covered comprehensive services dental services • ■ 50% reimbursement of the allowed amountfor covered comprehensive dental services 562 5 I , In-Network Out-of-Network Vision Services Medicare-Covered Vision Services Medicare-Covered Vision Services 01:7 • $50 copay for physician services to • 40% coinsurance after$2,000 out-of- diagnose and treat eye diseases and network deductible conditions • $0 copay for glaucoma screening (once per year for members at high risk of glaucoma) • $0 copay for one diabetic retinal exam per year • $0 copay for one pair of eyeglasses or contact lenses after each cataract surgery Additional Vision Services Additional Vision Services • $0 copay for an annual routine eye • 50% reimbursement of the allowed examination amount for an annual routine eye $100 maximum allowance per year examination towards the purchase of lenses, frames or • Member reimbursed up to $45 for contact lenses lenses, frames or contacts. Mental Health Inpatient Mental Health Services Inpatient Mental Health Services Care 0 • $250 copay per day, days 1-7 • 40% coinsurance after$2,000 out-of- • $0 copay per day, days 8-90 network deductible 190-day lifetime benefit maximum in a 190-day lifetime benefit maximum in a psychiatric hospital psychiatric hospital Outpatient Mental Health Services Outpatient Mental Health Services • $40 copay • 40% coinsurance after$2,000 out-of- network deductible Skilled Nursing • $0 copay per day, days 1-20 • 40% coinsurance after$2,000 out-of- Facility (SNF)0 • $100 copay per day, days 21-100 network deductible Our plan covers up to 100 days in a SNF per benefit period. Physical • 40% coinsurance after$2,000 out-of- Therapy 0 • $40 copay per visit network deductible Ambulance 0 • $150 copay for each Medicare-covered • $150 copay for each Medicare- trip (one-way) covered trip(one-way) Transportation • Not covered • Not covered Medicare Part B • $10 copay for allergy injections • 40% coinsurance after$2,000 out-of- Drugs 0 • 20% coinsurance for chemotherapy network deductible drugs and other Medicare Part B- covered drugs 563 6 Part D Prescription Drug Benefits Deductible Stage This plan does not have a prescription drug deductible. Initial Coverage Stage During this stage, the plan pays its share of the cost of your drugs and you pay your share of the cost. You remain in this stage until your total yearly drug costs (total drug costs paid by you and any Part D plan) reach $4,020. You may get your drugs at network retail pharmacies and mail order pharmacies. Cost sharing below applies to a one-month (31-day) supply. Standard Retail Mail Order (31-day supply) (90-day supply) Tier 1-Preferred Generic $10 copay $0 copay Tier2 -Generic $10 copay $0 copay Tier3 - Preferred Brand $40 copay $80 copay Tier4- Non-Preferred Brand/Drug $70 copay $140 copay Tier -Specialty Tier 25%of the cost Not available Coverage Gap Stage Most Medicare drug plans have a coverage gap (also called the "donut hole"). This means that there's a temporary change in what you will pay for your drugs. The Coverage Gap Stage begins after the total yearly drug cost(including what any Part D plan has paid and what you have paid) reaches $4,020. You stay in this stage until your year-to-date"out-of-pocket" costs reach a total of$6,350. During the Coverage Gap Stage: • You pay the same copays that you paid in the Initial Coverage Stage for all drugs, throughout the coverage gap. Catastrophic Coverage Stage After your yearly out-of-pocket drug costs(including drugs purchased through your retail pharmacy and through mail order) reach $6,350, you pay: • $3.60 copay for generic, and $8.95 copay for all other drugs. Additional Drug Coverage • Please call us or see the plan's "Evidence of Coverage" on our website (www.floridablue.com/medicare)for complete information about your costs for covered drugs. If you request and the plan approves a formulary exception, you will pay Tier 4 cost sharing. • Your cost-sharing may be different if you use a Long-Term Care pharmacy, a home infusion pharmacy, or an out-of-network pharmacy, or if you purchase a long-term supply (up to 90 days) of a drug. 564 Additional Benefits In-Network Out-of-Network Diabetic •$0 copay at your network retail or mail- •40% coinsurance after$2,000 out-of- Supplies 0 order pharmacy for Diabetic Supplies network deductible such as: • Lifescan (One Touch®) Glucose Meters • Lancets • Test Strips Medicare • $0 copay for Medicare-covered services • $0 copay for Medicare-covered Diabetes services Prevention Program Podiatry • $50 copay for each Medicare-covered • 40% coinsurance after$2,000 out-of- podiatry visit network deductible Chiropractic • $20 copay for each Medicare-covered • 40% coinsurance after$2,000 out-of- chiropractic visit network deductible Medical • 20% coinsurance for all plan approved, • 40% coinsurance after$2,000 out-of- Equipment and Medicare-covered motorized network deductible Supplies 0 wheelchairs and electric scooters ■ 0% coinsurance for all other plan approved, Medicare-covered durable medical equipment Occupational • 40% coinsurance after$2,000 out-of- and Speech • $40 copay per visit Therapy 0 network deductible 565 8 You Get More with BlueMedicare In-Network Out-of-Network HealthyBlue • Your BlueMedicare plan rewards you for taking care of your health. Redeem gift Rewards card rewards for completing and reporting preventive care and screenings. SilverSneakers® • College Save: As a SilverSneakers member, you can accumulate tuition discount Fitness points for savings on college tuition (up to one year off full tuition)for students that Program you designate • Gym membership and classes available at 16,000+ fitness locations across the country, including national chains and local gyms • Access to exercise equipment and other amenities, classes for all levels and abilities, social events, and more • Classes such as line dance and Latin-style dance, indoor and outdoor boot camp, walking groups, and many more Disclaimers Florida Blue is a PPO and RxIan with a Medicare contract. Enrollment in Florida Blue depends pon contract renewal. This information is not a complete description of benefits. Call 1-855-601-9465 (TTY: 1-800-955-8770)for more information. Out-of-network/non-contracted providers are under no obligation to treat Florida Blue members, except in emergency situations. Please call our customer service number or see your Evidence of Coverage for more information, including the cost-sharing that applies to out-of-network services. If you have any questions please contact our Member Services number at 1-800-926-6565. (TTY users should call 1-800-955-8770.) Hours are 8:00 a.m. —8:00 p.m. local time, seven days a week, from October 1 — March 31, except for Thanksgiving and Christmas. From April 1 to September 30, we are open Monday — Friday, 8:00 a.m. —8:00 p.m. local time. ATTENTION: If you speak Spanish, language assistance services, free of charge, are available to you. Call 1-800-926-6565 (TTY: 1-877-955-8773). ATENCION: Si habla espanol, hay servicios de traducciOn, libre de cargos, disponibles para usted. Llame al 1-800-926-6565 (TTY: 1-877-955-8773). Health coverage is offered by Blue Cross and Blue Shield of Florida, Inc., dba Florida Blue, an Independent Licensee of the Blue Cross and Blue Shield Association. Plans may offer supplemental benefits in addition to Part C benefits and Part D benefits. 566 9 Section 1557 Notification: Discrimination is Against the Law We comply with applicable Federal civil rights laws and do not discriminate on the basis of race, color, national origin, age, disability, or sex. We do not exclude people or treat them differently because of race, color,national origin, age, disability, or sex. We provide: • Free aids and services to people with disabilities to communicate effectively with us, such as: o Qualified sign language interpreters o Written information in other formats (large print, audio, accessible electronic formats, other formats) • Free language services to people whose primary language is not English, such as: o Qualified interpreters o Information written in other languages If you need these services, contact: • Health and vision coverage: 1-800-352-2583 • Dental, life, and disability coverage: 1-888-223-4892 • Federal Employee Program: 1-800-333-2227 If you believe that we have failed to provide these services or discriminate on the basis of race, color, national origin, disability, age, sex, gender identity or sexual orientation, you can file a grievance with: Health and vision coverage(including FEP Dental,life, and disability coverage: members): Civil Rights Coordinator Section 1557 Coordinator 17500 Chenal Parkway 4800 Deerwood Campus Parkway,DCC 1-7 Little Rock, AR 72223 Jacksonville, FL 32246 1-800-260-0331 1-800-477-3736 x29070 1-800-955-8770 (TTY) 1-800-955-8770 (TTY) civilrightscoordinator@fclife.com Fax: 1-904-301-1580 section1557coordinator@floridablue.com You can file a grievance in person or by mail, fax, or email. If you need help filing a grievance, the Section 1557 Coordinator is available to help you. You can also file a civil rights complaint with the U.S. Department of Health and Human Services,Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf,by mail or phone at: U.S.Department of Health and Human Services 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201 1-800-368-1019 1-800-537-7697 (TDD) Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html 567 10 ATENCION: Si habla espafiol,tiene a su disposicion servicios gratuitos de asistencia lingiiistica. Llame al 1-800-352-2583 (TTY: 1-877-955-8773). FEP: Llame al 1-800-333-2227 ATANSYON: Si w pale Kreyol ayisyen, ou ka resevwa yon ed gratis nan lang pa w. Rele 1-800-352-2583 (pou moun ki pa tande byen: 1-800-955-8770). FEP: Rele 1-800-333-2227 CHU Y:Neu ban not Ting Viet, co dich vu trq giup ngon ngfr mien phi danh cho ban. Hay g9i so 1-800- 352-2583 (TTY: 1-800-955-8770). FEP: Goi s6 1-800-333-2227 ATENcAO: Se voce fala portugues,utilize os servicos linguisticos gratuitos disponiveis. Ligue para 1- 800-352-2583 (TTY: 1-800-955-8770). FEP: Ligue para 1-800-333-2227 B T;it it1] rX Tn st(t its4 A- ) S ° pfi ('a1-800-352-2583 (TTY: 1-800- 955-8770). FEP : 11R '1-800-333-2227 ATTENTION: Si vous parlez franrais, des services d'aide linguistique vous sont proposes gratuitement. Appelez le 1-800-352-2583 (ATS : 1-800-955-8770). FEP : Appelez le 1-800-333-2227 PAUNAWA: Kung nagsasalita ka ng Tagalog, maaari kang gumamit ng mga serbisyo ng tulong sa wika nang walang bayad. Tumawag sa 1-800-352-2583 (TTY: 1-800-955-8770). FEP: Tumawag sa 1-800-333- 2227 BHHNIAHI'IE: ECJIH BbI FOBOpHTe Ha pyCCKOM 5I3bIKe,TO BaM JLOCTyHHbI 6eCIIJIaTHble yCJIyrI3 Hepeso,Iia. 3BOHHTe 1-800-352-2583 (TeneTalin: 1-800-955-8770). FEP: 3BOHHTe 1-800-333-2227 �-a►t e51.,* j) 3852-253-008-1 y+ � � ) I &,ii 11 o�L 1I L:111_4.1;(j).s c4.;111 iS ups 13) alit .7222-333-008-1 Vis?J.' .0778-559-008-1 :e-.111_, ATTENZIONE: Qualora fosse l'italiano la lingua parlata, sono disponibili dei servizi di assistenza linguistica gratuiti. Chiamare it numero 1-800-352-2583 (TTY: 1-800-955-8770). FEP: chiamare it numero 1-800-333-2227 ACHTUNG: Wenn Sie Deutsch sprechen, stehen Innen kostenlos sprachliche Hilfsdienstleistungen zur Verfiigung. Rufnummer: +1-800-352-2583 (TTY: +1-800-955-8770). FEP: Rufnummer+1-800-333-2227 L3-I: `21,0i /'Fogy al 8 A PE OLT-, °.0I ,'. l Al Tom. 01o01-z T •A_& . 1-800-352- 2583 (TTY: 1-800-955-8770) �i 081-N Al2. FEP: 1-800-333-2227 N Al 2. UWAGA: Je2eli mowisz po polsku, mo2esz skorzystae z bezplatnej pomocy jezykowej. Zadzwon pod numer 1-800-352-2583 (TTY: 1-800-955-8770). FEP: Zadzwon pod numer 1-800-333-2227. u�tl: ail (t4 arnica('IICI ti ( L C (atm brill aui cVIRRL KiL Glici a. tat 8a 1-800-352-2583 (TTY: 1-800-955-8770). FEP: 1-800-333-2227 1�sdFl14f:f11f1flJYvG1fl1YJ1lYl£1 h�fU?(11115f1 i9i115Fl15 U 1f1lY1floY115fl1Y111V1Y�5 IM1 1f1Gifl1111-mw1I 9 YI%1-800-352-2583 (TTY: 1-800-955- 8770)11io FEP 117s 1-800-333-2227 5t S. I H*15 cttztat,. 0 .1ff ti jfiJ L't_t:.-:If to 1-800-352-2583 (TTY: 1-800-955-8770) *Z, 82741::"C t < FEP: 1-800-333-2227 .14 0.5,& 1-4.1 LL.1 :1)4 446 4.5d4 x,,.)13 C.)1.1.3 f) :444 .y. + �+ 1-800-333-2227 b j .y. +u 1 1-800-352-2583 (TTY: 1-800-955-8770) 0J- Baa akoninzin: Dine bizaad bee yanilti'go, saad bee aka anawo', t'aa jiik'eh, na holq. Koji' hodiilnih 1-800- 352-2583 (TTY: 1-800-955-8770). FEP igii ei koji' hodiilnih 1-800-333-2227. 568 11 74 a, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Tad Stone, Director Department of Emergency Services DATE: July 13, 2020 SUBJECT: Second Renewal and Modification of Annual Bid 2018057 for Medical Supplies BACKGROUND: On June 12, 2018, the Board of County Commissioners awarded the annual bid for Medical Supplies to Bound Tree Medical, Concordance Healthcare Solutions, LLC, and Henry Schein. The Board also authorized the Purchasing Manager to renew the bid for two additional one year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. In the past year, Concordance was acquired by Bound Tree Medical, leaving only two contracted firms. In response to the Purchasing Division's request to exercise the second renewal, both of the firms indicated some items had been subject to a nationwide price increase, and requested a modification to their pricing on certain items. ANALYSIS: The quantities and types of items needed vary, and are typically ordered monthly to minimize inventory and ensure shelf-life isn't exceeded. The Fire Rescue Division purchases from the lowest priced vendor for the items needed. The Division anticipates expenditures to be comparable for the remainder of the fiscal year with an additional allowance for the rate increase. Bound Tree has proposed increases to the pricing on 50 of 173 items, and a decrease on three items, with an average price increase of 19.58%for the 53 items with changed pricing. Henry Schein has proposed increases to the pricing on 47 of 157 items, with an average price increase of 43.14% for the 47 items with changed pricing. Henry Schein also deleted seven items from their list of products to be supplied. This is the first price increase. Henry Schein has requested since the 2018 award. Tabulation of the updated pricing is available from the Purchasing Division upon request. 569 Current Total Updated Current Bid Updated Total Vendor Base Bid (one Total Base at Estimated Bid at Estimated of each item) Bid (one of Annual Annual each item) Quantities Quantities Bound Tree Medical $5,072.77 $5,107.36 $209,748.58 $214,576.61 Henry Schein $5,390.42 $5,059.01 $224,593.67 $235,326.08 SOURCE OF FUNDS: A total of$164,845 has been spent current FY to date on medical supplies from these vendors.The funds are available in the Emergency Services District's Fire Rescue — Medicine and Medical Supplies account 11412022-035270. RECOMMENDATION: Staff recommends the Board approve the amended award to Bound Tree Medical and Henry Schein and authorize the Purchasing Division to issue/extend blanket purchase orders through May 10, 2021 with both vendors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid for one additional one year period with no change to pricing, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. 570 Indian River County,Florida Department of Utility Services Board Memorandum Date: July 15,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services, Prepared By: Terry Southard,Operations Manager Subject: Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Descriptions and Conditions: On October 24, 2017, after a competitive bid process, the Indian River County Board of County Commissioners(BCC)awarded Southern Management, LLC,of Vero Beach,FL,the annual maintenance at Spoonbill Marsh in the amount of$269,608.00 with an initial term of three years,with an option to renew for two additional one-year terms,subject to satisfactorily completing the work as described in their scope of work. Analysis: The current agreement will expire.on October 23, 2020. Southern Management has satisfactorily performed the required maintenance of Spoonbill Marsh for the first term of the contract. Funding: Funds for the maintenance of Spoonbill Marsh are budgeted in the Utilities operating capital fund. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount Other Professional Services 47129236-033190 $269,608.00 Recommendation: Staff attests that it is in the best interest of the county to continue to work with Southern Management, LLC, of Vero Beach to perform the Annual Maintenance of Spoonbill Marsh. Therefore, we recommend that the Board of County Commissioners approve the renewal of the agreement through October 23, 2021, for the first of the available one-year terms, and authorize the Chairman to execute the same, as presented. Attachments: First Extension To Annual Maintenance At Spoonbill Marsh Agreement 571 THIS FIRST EXTENSION TO ANNUAL MAINTENANCE AT SPOONBILL MARSH AGREEMENT THIS FIRST EXTENSION to the Annual Maintenance at Spoonbill Marsh Agreement is by and between Indian River County,a Political Subdivision of the State of Florida("County")and Southern Management, LLC("Contractor"). COUNTY and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, On October 24, 2017, COUNTY and CONTRACTOR entered into the Annual Maintenance at Spoonbill Marsh Agreement (the "Agreement"); and WHEREAS,the initial term of the Agreement was for three years,and allowed for two one year extensions; and WHEREAS, pursuant to the Agreement,the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement; and WHEREAS, the requirements for an extension have been satisfied and, COUNTY and CONTRACTOR desire to execute the first extension to the Agreement for the period October 24,2020 through October 23, 2021. NOW,THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the parties agree as follows: 1. Article 11. The following Termination Clause shall be included in the Agreement, and County and Contractor will adhere to the following, as applicable to this work: TERMINATION IN REGARDS TO F.S.287.135:CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes,and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. County may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. County may terminate this Contract if CONTRACTOR,including all wholly owned subsidiaries,majority- owned subsidiaries,and parent companies that exist for the purpose of making profit,is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 572 2. The agreement is hereby extended for the period October 24,2020,through October 23,2021. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this First Extension this_day of , 2020. SOUTHERN MANAGEMENT, LLC INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Susan Adams, Chairman Title: (Corporate Seal) Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller Date: By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 573 Qi UAW Indian River County,Florida Department of Utility Services Board Memorandum Date: July 24,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Arjuna Weragoda,PE,Capital Projects Manager Subject: Approval of Kimley-Horn Amendment No. 1 to Work Order No. 15,"Ixora Park Sewer System Rehabilitation" Background/Analysis: On September 17, 2019,the Indian River County Board of County Commissioners (BCC) approved Work Order No. 15 with Kimley Horn and Associates,Inc.(KHA)to provide design, permitting,bid documents,and bidding assistance to restore some of the gravity lines via slip lining,and replace the remaining in full,in the Ixora Park subdivision for total sum amount of$80,219. Ixora Park Subdivision contains approximately 9,710 linear feet of vitrified clay pipe(VCP)gravity sewer and 23 manholes dating from 1952.A lift station connects the system from the northwest corner of the property into a force main along.1st Street Southwest. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways. KHA completed Task 1 of Work Order No. 15, and the results were presented to IRCDUS. As part of that evaluation, IRCDUS and KHA also explored the option of a vacuum sewer collection system as part of a due diligence process looking at all viable options for the project. Upon further evaluation, IRCDUS and KHA elected that the best solution was to fully replace the gravity sewer. Staff requested that KHA prepare a proposal for the additional design work that was needed for the full replacement of the existing gravity collection system. The scope is more specifically described in the attached Amendment No. 1 to Work Order No. 15. On April 17, 2018,the BCC approved the Continuing Contract Agreement for Engineering Services with KHA. The total negotiated cost for the additional design and surveying is a lump sum amount of$33,651.00,which brings the total of Work Order No. 15 to$113,870.00. Funding: Funding for this project is derived from Utilities operating funds. Utility operating fund revenues are generated from water and sewer sales. 574 Account Name Account Number Amount Ixora Park Sewer 471-169000-16513 $33,651.00 Recommendation: Staff recommends that the Board of County Commissioners approve Amendment No. 1 to Work Order No. 15 to authorize Kimley-Horn &Associates, Inc.to include surveying, design, bid specifications,and bidding services to replace the existing gravity sewer main in its entirety within the Ixora Park subdivision, and authorize the Chairman to execute the same,as presented. Attachments: 1. Kimley-Horn&Associates, Inc Amendment No. 1 to Work Order No. 15 575 CCNA2018 AMENDMENT 1 TO WORK ORDER 15 IXORA PARK SEWER SYSTEM REHABILITATION This Amendment 1 to Work Order Number 15 is entered into as of this_day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley Horn and Associates, Inc("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 15, Effective Date September 17,2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference.The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C(Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment,the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF,the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: Susan Adams, Chairman Print Name: Title: BCC Approved Date: Attest: Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 576 EXHIBIT A Amendment to Work Order Number 15 Indian River County Department of Utility Services (IRCU) Ixora Park Sewer System Rehabilitation PROJECT UNDERSTANDING Kimley-Horn and Associates, Inc. (the Consultant) completeSewer System Evaluation Survey (SSES) of the condition of the existing x ra Park sewer infrastructure and recommended improvements to rehabilitate or replace components of the system. /17(-\\ In response to the recommendations, IRCUihas.opted to replace the entire-Nora Park gravity sewer system. This amendment o Work/Order 15 serves to adjust the scope appropriately. AMENDED,SCOPE OF WORK r TASK 1 - PHASE 2 SSES V/ Y cThe Phase 2 SSES is fomplete, but additionl funds are required for assessing the feasibility of a vacuum'sewerrsystem and review of documents provided by AirVac. The Consultant will pro de a summary of fin/dings and recommendations to IRCU r essa s based on ousment of the vacuumsewer system. \\,\ TASK 2`-PIPE LINING AND LATERAL REHABILITATION Approximately 4,100 LF of gravity sewer pipe was recommended to be cleaned and lined using cast-inTlace1pipe (CIPP) and nine (9)laterals on these pipes were recommended for.:rehabilitation. These pipes will instead be fully replaced,and the funds previously a ibuted to Task 2 will be allocated to Task 3. TASK 3 - FULL SEWER PIPE REPLACEMENT Task 3.1- Survey Previous survey of the Ixora Park neighborhood was completed by the Consultant in 2016.In addition to being outdated, this survey was solely topographic and did 577 K:\WPB_Civil\044572055-Ixora Sewer Rehab\MIS\Amendment 1.docx Page 1 of 3 not include survey data necessary to design a full replacement of the sewer system or roadway improvements. William B. Zentz and Associates, Inc.will serve as a Subconsultant on this project to provide an updated survey to include survey data necessary for design by the Consultant.The proposal is attached as Attachment 1. Task 3.2- Prepare Design Drawings and Specifications ,/,-\ Consultant will develop construction plans and technicalsp�ecifications for full replacement of the gravity sewer pipes in the Ixora Bark sanitary sewer system using survey provided by Subconsultant.Consultant will design roadway improvements for excavated areas to address depressions in the roadway above A failed sewer pipe. -\\\\ aConsultant will prepare 60%,90%,and final designdrin s and specifications. \ \ Consultant will attend a review meeting, respond to,IRCU comments, and incorporate agreed upon adjustments for the 90% and finahplan sets. -----, o Consultant will provide digitally signed and sealed electronic copies in PDF format to comply with regulatio put in place for the Coronavirus pandemic. Consultant will _ ,' prepare and provide an opinion"of probable construction cost (OPC)based on final design�Aoci meats �� Consultant will apip1y for a Right-Of-Way permit on behalf of IRCU using the final / ( design documents. \ \---7 \\ / 1 Task 3.3-Bidding Assista nce \\ i;ri Consultant will prepare bid documents cuments for IRCU topublicly advertise. Front- end documents will be prepared and provided by IRCU.Consultant will provide digitally signed and sealed electronic copies in PDF format. Consultant will provide written responses to contractor requests for information (RFI) related to the bid documents. Consultant will attend pre-bid meeting. Consultant will review submitted contractor bids and prepare a written award recommendation to IRCU. 578 K:\WPB_Civii\044572055-Ixora Sewer Rehab\MIS\Amendment 1.docx Page 2 of 3 ASSUMPTIONS • Since this work is a direct replacement,permits from FDEP are not anticipated. • Contractor(s)will obtain any necessary Maintenance of Traffic (MOT). • Contractor(s)will obtain any necessary Dewatering Permit from the South Florida Water Management,District(SFWMD). • Road reconstruction will be limited to the area of sewer\pipe replacement. • IRCU will be responsible for all permit fees and ad/vertismg costs. f ADDITIONAL SERVICES Anyservices not specifically provided for in the,above scope will be\billed as P Y �� - p � \ Additional Services and performed at then-current hourly rates.Additional services we can provide include but are not limitedto.construction phase services/ SCHEDULE In general,the following schedule is anticipated-from Notice to Proceed (NTP): �, ,! Task 3 FULL SEWER.PI-PE.REPLACEMENT 4- 6 months �\ _FEE-SC-HEDULE We will,provide these services int,accordance with our Continuing Services Contract Agreement ement for Professional Services Apri117th,2018,with Indian River County. \\ \ I The Consultant will pro� de the following adjustments to the lump sum fees indicated in Work Order 15: / Task No. `' Task Adjustment to Task Fee TASK 1 _ PHASE 2 SSES +$2,119 TASK 2 PIPE LINING AND LATERAL REHAB -$15,889 TASK 3 FULL SEWER PIPE REPLACEMENT +$47,421 TOTAL FEE ADJUSTMENT +$33,651 NEW WORK ORDER 15 TOTAL $113,870 579 K:\WPB_Civd\044572055-Ixora Sewer Rehab\MIS\Amendment I.docx Page 3 of 3 \AZ William B.Zentz&Assoelates,Inc. Professional Surveying&Mapping 684 Old Dixie Highway Vero Beach,Florida 32962 Phone: (772)567-7552 Fax:(772)567-1751 Proposal June 23,.2020 Proposal#20-26 To. : Kimley-Horn& Assoc. : For : Survey Work 1920 Wekiva Way, Ste.200 Ixora Park Sanitary project West Palm Beach, Fl 33431 Vero Beach,Fl Attn: Ms. Vaughn Hyduk, P.E. Indian River County,Fl Scope of work: Task 1 --Obtain location and NAVD'88 elevations of 39 sanitary manholes with invert elevations and roadway elevations in Ixora Park and Eastview Gardens subdivisions and per attached aerial outlined in green. Locations to be shown relative to platted right-of-way line tie-in. Approximate total roadway length= 11,000 feet. Deliverables: survey drawing depicting manhole locations/elevations and pavement locations relative to platted rights-of-way. Datums: Horizontal-NAD 83/90 or newer(to be notedon survey). 0 s r Y)• Vertical-NAVD '88 Associated fees: Task 1 —lump sum fee - $12,000.00 Total this proposal $12,000.00 Thank you for your request for survey services. Please submit Purchase Order to Validate Proposal. 580 .' , \\1-w,-,.., r. _.. .1 ;,, ,,,, s . „7, r. .,.., ,... , ,,_„....,, .. .,.,... .---, , __ .., .:,,, co 1., :L't:II '1,,,p' ?: , -,:).,I-c-11-'.,.ti,,,I.,''i 1.----1-',., :e..--1..A--r--n. -,_••,\:_k blAiL----,„ F.:. llietlI !,.;<.;.. • 7-7 r— el, 1..._L=) Ir.: ' ' vi';-, `'; c---`''' 't----- .--'r\.`_' ! - )Ld,I= - - ..11;.,', . ,fs--; y '*-:-N- .\\ _ i - ' .-1.1_. 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Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Scott Reynolds,Environmental Compliance Analyst Subject: Above Ground Storage Tank and Closure,and Site Assessment Scope of Work Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) recently purchased 243 acres, located at 375 82' Avenue,to serve as additional storage of reuse water from the West Regional Wastewater Treatment Facility(WWTF) during the rainy season when the necessity for reuse water is limited. The goal of the proposed reclaimed water storage will be to provide sufficient capacity to store water during the wet season, and supply reuse water in the dry season and achieve a zero discharge to the relief canal.Tetra Tech, Inc. (Tetra Tech), as part of the County's due diligence process prior to purchasing the property, was contracted to provide professional services and has completed the Phase I and Limited Phase II Environmental Site Assessments(ESA)for this project. Analysis: In the next phase,Tetra Tech will manage the permitting,closure,demolition,and disposal of the existing above ground storage tanks used by the previous owner. Additional site assessments and soil sampling will be conducted as part of the closure process. Based on the results of the closure report,additional soil and ground water analysis may necessary as detailed in the attached scope of work. Tetra Tech will assist IRCDUS with permitting and compliance regarding the existing groundwater wells on site. Task Description Cost Task 1 Mobilization—Work Plan&Permits $ 8,733.28 Task 2 Above Ground Storage Tank(AST)Closure $ 32,643.90 Task 3 AST Closure and Site Assessments $ 10,339.97 Task 4 Closure Reporting $ 3,615.18 Task 5 Site Assessment Report $ 4,580.79 Task 6 Supplemental Site Assessment $ 16,779.24 Task 7 Well Permitting $ 2,940.70 Project Total $ 79,633.06 582 Note: In 2019, staff estimated clean-up costs of$200,000—$300,000. This phase is the beginning of the clean-up process.Additional costs may be necessary,but are not yet identified.Site assessments conducted doing the clean-up will help to identify and prioritize additional costs.These additional potential costs may include,but are not limited to:soil remediation,Solid Waste Disposal District dump fees,Florida Department of Environmental Protection requirements/permits,and monitoring wells. Funding: Funds for this project are available in the utilities operating fund account for the West Wastewater Treatment Facility(W WWTF)Wet Weather Storage project.Utilities operating funds are derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT W WWTF Wet Weather Storage 47121836-033190-20518 $79,633.06 Recommendation: Staff recommends approval of Work Order Number 7 to Tetra Tech, Inc., authorizing Professional Services as outlined in Exhibit A(Scope of Work)and requests the Board of County Commissioners to authorize the Chairman to execute Work Order Number 7 on their behalf for a not-to-exceed amount of$79,633.06. Attachments: Work Order No.7 for Tetra Tech Inc. 583 CCNA2018 WORK ORDER 07 AST Closure and Site Assessment This Work Order Number 07 is entered into as of this_ day of , 2020, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Tetra Tech, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: , Chairman Print Name: Matthew Shelton Title: Project Manager. BCC Approved Date: Attest:Jeffrey R. Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 584 TETRA TECH July 27,2020 Vincent Burke,P.E. Indian River County Department of Utility Services 1801 27th Street, Vero Beach 32960-3388 Email: vburkeaircgov.com Subject: Proposal to Indian River County for AST Closure and Site Assessment 375 82"d Avenue,Vero Beach,Florida Dear Mr.Burke: Tetra Tech,Inc. (Tetra Tech)is pleased to provide Indian River County Department of Utility Services(IRCDUS) with this Scope of Work for services to provide Above Ground Storage Tank Closure and Site Assessment services for the former Premier Citrus Property,located at 375 82"d Avenue,Vero Beach,Florida(the Site). BACKGROUND Indian River County needs additional storage of reuse water from the West Regional WWTF during the rainy season when the necessity for reuse water is limited. The West Regional WWTF is sized for a treatment capacity of 6 million gallons per day(MGD). The plant is currently operating at approximately 2 MGD but can only discharge approximately 0.4 MGD or risk exceeding the load allocations into the relief canal. The remainder of the treated water is sent back to the community for reuse. The goal of the proposed reclaimed water storage will be to provide sufficient capacity to store water during the wet season and supply reuse water in the dry season and achieve a zero discharge to the relief canal. Tetra Tech assisted in the due diligence process, and the IRCDUS recently purchased the Site. The county has identified an approximately 243-acre parcel immediately to the south of the West Regional WWTF as a potential site for the reclaimed water storage. It is zoned RS-3 and is a citrus grove. The County contacted Tetra Tech to complete due diligence required to assess this potential project,zoning and permitting issues associated with project, geotechnical conditions, limitations from Federal Aviation Administration (FAA) or other agencies, and other business and environmental risks associated with the purchase of the proposed parcel. The Phase I Environmental Site Assessment identified the following Recognized.Environmental Conditions(RECs) for the Site: The potential for soil and groundwater impacts from current and former petroleum and/or pesticide and herbicide ASTs,former underground storage tanks(USTs)storing petroleum and/or pesticides and herbicides,and application of pesticides and herbicides,are potential RECs for the Site. Tetra Tech recommended additional investigation for the Site, including investigation of potential asbestos containing material(ACM), lead-based paint(LBP),and mold. Investigation is also recommended for potential for soil and groundwater impact from the storage of petroleum and storage and application of pesticides and herbicides across the Site,which are potential RECs for the Site. Tetra Tech completed a Limited Phase II ESA and identified soil in exceedance of the Soil Cleanup Target level (SCTL)and groundwater in exceedance of the Groundwater Cleanup Target Level(GCTL). The Site has five artesian wells and one community water system well on Site. IRCDUS is currently in the process of converting permits to IRCDUS from the previous owner. 585 SCOPE OF WORK Task 1—Mobilization-Fixed Fee$8,733.28 Upon notice to proceed,Tetra Tech will conduct the following activities: • Prepare a brief Work Plan for use by subcontractor and Tetra Tech field staff • Prepare a project specific Health and Safety Plan(HASP); • Procure Subcontractors Necessary for Project Completion(Certified Pollutant Storage System Contractor, laboratory,and equipment); • Permitting and notification. Tetra Tech will prepare the brief Work Plan,which is an internal document to communicate project requirements to field personnel in a clear and organized manner. The Work Plan will provide methods, materials, permits, and protocols required to complete site tasks and incorporate subcontractor procedures.The Work Plan will allow for the site work to be completed in an organized efficient manner and minimize the number of mobilizations to the Site. All site work will follow the Florida Administrative Code(F.A.C.)Chapter 62-780 and 62-762 and applicable FDEP SOPs. The plan will also include a summary of applicable permits,permit fees,and potential limitations associated with each permit as well as anticipated timeframe needed to obtain each permit. Tetra Tech will prepare a Site-Specific Health and Safety Plan in accordance with OSHA HAZWOPER requirements outlined in 29 CFR 1910. This will include the tank closure activity hazard analysis and include procedures for confined space entry. This plan will be prepared by a health and safety professional under the supervision of a Certified Industrial Hygienist. Technical specifications and subcontract agreement for required subcontracted work will be prepared under this task. These specifications will include, AST removal, concrete dike containment demolition and disposal, laboratory analysis of soil samples,and equipment. Tetra Tech will obtain all local and state permits and registration for AST removal which will be completed under this task. AST removal also requires prior notification to the FDEP. The tanks will require registration and financial assurance from IRCDUS prior to closure, and this was competed in June 2020. Note: permitting fees are not included in this proposal. Waste characterization for the liquids in the tank will be required,and samples may be required with analysis for: • BTEX and MTBE via USEPA Method 8260 • PAH via USEPA Method 8270 • TRPH via FLPRO • Arsenic via USEPA Method 6010 • Pesticide via USEPA Method 8081/8082/8141 • Herbicides via USEPA Method 815 This Task will be completed on a fixed fee basis. Task 2—AST Closure-Fixed Fee$32,643.90 Tetra Tech and the subcontracted Certified Pollutant Storage System Contractor will be on site to properly complete the AST Closure Task. The objectives of this task will be to remove the 3 ASTs in Table 1 below and demolish and dispose of the concrete dike structure,and includes: • Closure,cleaning,removal,and transportation for recycling of 3 ASTs,as shown in Table 1. • Collection, transportation, and disposal of all sludge and liquids in the tanks. It is assumed the tanks are empty or contain less than one inch of product. 586 • Demolition and transportation for disposal of the 32 foot by 32 foot by 3 course high concrete block dike structure and 4-inch thick concrete floor. It is assumed that the construction is identical to the plan provided in Appendix H of the Phase I ESA,competed by Tetra Tech in 2019. • Final rough grade with no additional restoration Table 1 Tank Contents Volume Notes A Diesel 10000 East Elevated in containment B Spray Oil 3000 West Elevated in containment P Waste Oil 500 Repurposed propane tank Note: This task will be completed on a fixed fee basis. It is assumed that the tanks are empty. Additional charges may apply for liquid disposal from the tanks and may be billed at a rate of$0.68 per gallon and$135 per hour plus 10%for the vacuum truck. Task 3—AST Closure Assessment and Site Assessment Fixed Fee$10,339.97 The closure of the two regulated ASTs will require that a closure assessment be completed in accordance with Instructions for Conducting Sampling During Aboveground Storage Tank Closure, July 2019 Edition. This will be completed as the tanks are closed and the Diked area is demolished and will not require additional mobilization. The samples required for this subtask include: • Two samples each at two depth intervals in the diked tank area(4 samples)—Analysis: o BTEX and MTBE via USEPA Method 8260 o PAH via USEPA Method 8270 o TRPH via FLPRO o Organochlorine Pesticides via USEPA Method 8081B o Herbicides via USEPA Method 8151 o Arsenic via USEPA Method 6010 • It is assumed that samples will not be required in the waste oil AST area Site assessment activities required to delineate and/or confirm contaminants identified in the Phase II ESA include: AST Containment Area Tetra Tech recommended completing soil borings within 10 feet and on all four sides of soil samples AST-01 and AST-03 and collecting soil samples in each boring at the depth corresponding the highest photoionization detector (PID) reading (8 samples) with analysis for TRPH, PAHs, and BTEX. Additional borings are recommended for delineation if field screening above 10 ppm is detected in any boring, as described in Task 6 below. Once the soil delineation is complete additional recommendations will be required to address the groundwater impact identified in ATS-TMW-04. Tetra Tech also recommended completing one soil boring along each side of the AST containment area. A soil sample will be collected at the 2-to 3-foot and 4-to 5-foot depth interval from each boring. Each sample collected from the 2-to 3-foot interval will be analyzed for organochlorine pesticides, due to prior dieldrin detection in this area, and the 4- to 5- foot sample will be held for contingent organochlorine pesticides analysis to vertically delineate any identified impact(8 samples). Additional borings may be required to complete the delineation. Former AST Laydown Area Site assessment activities required to delineate and/or confirm contaminants identified in the Phase II ESA include the following subtasks: 587 • Supplemental Assessment o Tetra Tech recommends additional sampling at the former AST locations with samples collected in the tank laydown area at two depth intervals(6 samples)for the following Analysis: • BTEX and MTBE via USEPA Method 8260 • PAH via USEPA Method 8270 • TRPH via FLPRO • Arsenic via USEPA Method 6010 • Organochlorine pesticides via USEPA Method 8081B o Arsenic in the Tank Laydown area - Soil arsenic concentrations in exceedance of the Industrial Direct Exposure SCTL are present in the Tank Laydown Area. The sample analyzed was a subsurface composite sample; therefore, the location of the impact is not known. Additional assessment is required to delineate the arsenic impact in this area, and will include 6 borings around the perimeter of the former AST Laydown area with the following analysis: • Arsenic via USEPA Method 6010 Additional delineation may be required following this sampling and is addressed in Task 7. All assessment activities will be completed under the supervision of a Florida Professional Geologist, in accordance with state requirements.This task will be completed on a fixed fee basis. Task 4—Closure Reporting-Fixed Fee$3,615.18 A summary report of the activities conducted to close the ASTs will be completed. The report will outline the details of the tank closure, sampling, and disposal, and will include all manifests and a photo log of the site activities. Sampling and analysis specific to the closure of the regulated ASTs will be included. Additional sampling and analytical results will be provided in the Site Assessment Report. This report will be signed and sealed by a Professional Geologist. This task will be completed on a fixed fee basis. Task 5—Site Assessment Report-Fixed Fee$4,580.79 A separate Site Assessment Report will also be prepared to provide the details of all findings of the soil delineation, and include the following sections: • Executive Summary • Introduction,Scope of Services,and Limitations • Background • Geology and Hydrogeology • Contamination Assessment • Results and Discussion • Conclusion and Recommendations • Figures • Appendices(i.e.,field data sheets,laboratory analytical reports,etc.) This report will also include the results of the Phase II ESA and will be signed and sealed by a Professional Geologist. This task will be completed on a fixed fee basis. 588 Task 6—Supplemental Site Assessment-Time and Materials not to Exceed$16,779.24 Tetra Tech will review the results of the closure assessment and site assessment activities outlined above. Based on the results of this assessment, additional soil and groundwater assessment maybe required. Until the results of the initial assessment are received, it is not clear what assessment will be required. The goal of the supplemental assessment will be to vertically and horizontally delineate the soil concentrations in exceedance of the FDEP Residential Direct Exposure Soil Cleanup Criteria and satisfy the FDEP Site Assessment Requirement outlined in F.A.C.62-780. Groundwater in exceedance of FDEP GCTLs was identified in the Phase II ESA on the north side of the AST containment Area. Therefore,monitoring wells are anticipated to be required in this supplemental assessment. This task may include well drilling and drilling subcontractors, laboratory analysis and laboratory subcontractors, field equipment, travel, field personnel, and reporting. This task will be competed, as needed, on a time and materials basis not to exceed$16,779.24. Associated cost for supplemental investigations is dependent on findings generated by completion of Task 1 through 4,above. Task 7—Well permitting support—Time and Materials not to Exceed$2,940.70 Tetra Tech will assist IRCDUS with the transfer of permits and additional compliance assistance for the Community Water System well located south of the house and the five (5) artesian wells located on site. Tetra Tech understands that IRCDUS began this process.This task will be completed on a time and materials basis,as needed, not to exceed$2,940.70. PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. Task Timeline Notice to Proceed(NTP) August 20,2020 AST registration submitted to FDEP September 1,2020 AST Closure Notification submitted to FDEP October 1,2020 AST Closure Competed January 1,2020 Draft AST Closure report submitted to IRCDUS February 15,2020 Final AST Closure report submitted to FDEP (assumes 7 calendar day IRCDUS March 1,2021 review) Initial Site Assessment activities completed February 1,2020 Draft Site Assessment Report submitted to IRCDUS March 15,2021 Final Site Assessment Report submitted to FDEP (assumes 7 calendar day IRCDUS April 1,2021 review) Supplemental Site Assessment TBD ASSUMPTIONS Tetra Tech's scope of services and project costs were developed with the following assumptions: • Tetra Tech will review available data provided by Indian River County. • Surveying services are not included. • Permitting fees are not included in this proposal 589 • It is assumed that all concrete and other solid waste, if encountered, will be taken to the IRC Landfill for disposal,and all Solid Waste Disposal District as a pass through to IRCDUS. • It is assumed that all tanks are empty. If product is present in the tanks,additional charges for the vacuum truck and liquid disposal may apply. • It is assumed that the liquid disposal will be completed as diesel or similar material. It is assumed that the results of the Waste oil and Spray Oil characterization will not require additional effort beyond what would be expected for disposal of diesel. • Based on the results of the Phase II ESA at the site, no herbicides or organophosphorus pesticides were detected. It is assumed that waste characterization for the spray oil tank will not identify these compounds. • It is assumed that the dived containment area is constructed as shown in Appendix H of the Phase I ESA. • The cost proposal does not include any remediation or investigation activities that are not specifically described herein. Additional assessment and remediation may be required. • A Sunshine State One-Call request for subsurface utility location will be completed. This proposal assumes there are no private utilities in the vicinity of the USTs,and no utilities that ae not covered by the Sunshine One Call. Any utilities in this area must be identified by IRCDUS. Tetra Tech is not responsible for the damage to subsurface infrastructure that is not identified by IRCDUS prior to Tetra Tech initiating AST Closure or Site Assessment activities. • "Face-to-face"meetings withregulators are not proposed as part of this work. • It is assumed that additional restrictions or limitations as a result of COVID-19, weather, or other unforeseen circumstances will not inhibit Tetra Techs level of effort or schedule. • Tetra Tech assumes that Draft reports will have only minor edits by IRCDUS. • Tetra Tech assumes IRCDUS will provide ready access to the Site as needed. PROJECT COST The estimated costs are based on our current understanding of the project requirements and best estimates of level of effort required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. The estimated project costs are shown in the attached Table 1. This project would be provided as a fixed fee for Tasks 1 through 5$59,913.12,and additional time and materials for Tasks 6 and 7 not to exceed$19,719.94,for a total of$79,633.06. Indian River County will be invoiced each month for services rendered during the previous calendar month based on percent complete.Tetra Tech shall be paid for all invoices within 30 days of an approved submittal. 590 Tetra Tech looks forward to working with you on this project.We are available to discuss our approach with you in detail at your convenience. Should you have any questions regarding this proposal,please contact me at(321)636- 6470. Sincerely, Matthew D. Shelton Project Manager Cc: Brian Watson,P.E.,Tetra Tech David Giddens,P.G.,Tetra Tech 591 , g ,s$=9 f 888§8888§$8888, ur §, . . a s N s- n - ' cia - E CIN s ............ . „ NNNN.« N.NN N N NN . N »N . . i 1 e54p7 . $ . . °a . . . °a R DM:n m g P e y� o » »« . » »NN««».NN..«N. N N «N . N .N . . AA 3 t El 3U5 $ , , , , A 8$888$$$88$8 , $ , '',8 0 8 0 °o . f. N ............ NN«NNNN«NNNNNN N N N N . N .. • . - O Y 9 d a d -- m 8: N 3,41;2 y a a ft� .........NNN NNNNNN.«N««NNN N. .N NN . N .. . . <- RVa1F 5 a 8. NNNN«.NNNNNN .NNNNNN«NNN«». .. NN .N . » »« . a° F y d i m_ o gs uL °p Q p, p T. , z d868$$g�4$$ 88„ y s%°-. $ , . `s ' e ............ N«N N NN .. .. . EIEF a , .2S , �35 , «» . NNN N N. «N » -a M °' i . . $i. . . . . . 4i. . $1, , s8 . , 2 1 . . i 2 - 2R @ ry V NNNN»««NN«N«N N»NNNN««»»NNNN .. NN N. • N N. . . 9 a 1 cl 4 4$r. 6$.o n$ a $ 88 8 . . 8 . . . g e �R-R-� o ,§ 8g g g R . . a »NNNN...«NN« N»N«NN»N»«««N« .. «. NN . . .. . . F gc X5 _, ad e.d , Nd �igdd .S. A WS4m.gWP4 00 f0 ggIg i 'iyag d 144444 4 as qq U Eg gs . _ eg5 e _a a =o.oB z 0 _ a v •�•ESCE G i UV E Z A c>3 1111i1MUE le I T: cmCBJmSd�%b8 ee z rs 1 - t LOJ ,; omE�e; S�4 qs` 2z�Yt °d a U Fi. ycs.' 2tO Qg F C m.ny E 899886 e e gp F a F E . - `O $ o £g 3 spil""888� n F'E Q F F 6 00 F g. Z G$ V 'C s E y y 3 G V 9 9 9 9 9 9 9 9 3 F F F g$u t v g$c [=o�lgar E2_� i mw' LL f c ,! F 'J8 f g EXHIBIT C PROJECT SCHEDULE The approximate duration noted for each task is based on our current understanding and best estimates of time required to perform the basic services and may be subject to change upon agreement between Indian River County and Tetra Tech. Task Timeline Notice to Proceed(NTP) August 20,2020 AST registration submitted to FDEP September 1,2020 AST Closure Notification submitted to FDEP October 1,2020 AST Closure Competed January 1,2020 Draft AST Closure report submitted to IRCDUS February 15,2020 Final AST Closure report submitted to FDEP (assumes 7 calendar day IRCDUS March 1,2021 review) Initial Site Assessment activities completed February 1,2020 Draft Site Assessment Report submitted to IRCDUS March 15,2021 Final Site Assessment Report submitted to FDEP (assumes 7 calendar day IRCDUS April 1,2021 review) Supplemental Site Assessment TBD 593 d►Ud Indian River County,Florida Department of Utility Services Board Memorandum Date: August 3,2020 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 Water and Sewer Phase 2-Approval of IRLNEP Funding Agreement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) submitted applications for the following grants for the North Sebastian Septic to Sewer-Phase 2 project in Fiscal Year(FY) 19-20: • FY 19-20 Districtwide Cost Share—Saint Johns River Water Management District(SJRWMD) • FY 19-20 Appropriations Project Request The County had two applications for funding in the FY 19-20 Districtwide Cost Share program. In April of 2019,although successful in scoring high enough for a grant award,the County was notified that we had to pick one of the projects, and the County elected the Moorhen Marsh project. The County was also notified in July 2019 that the FY 19-20 Legislative Appropriations request could only allocate$500,000 of the requested $1.6 Million, which was to be administered by the Florida Department of Environmental Protection(FDEP).Therefore,due to the lack of funding,staff evaluated other options such as revising the project boundary. Since then, IRCDUS re-submitted applications for the following grants for the North Sebastian Phase 2 Water and Sewer project: • FY 20-21 Districtwide Cost Share • FY 20-21 Indian River Lagoon Natural Estuary Program (IRLNEP)Cost Share • FDEP Water Quality Restoration Grant • FY 20-21 Appropriations Project Request IRCDUS has been awarded funding from ALL four requested grant applications. On May 19,2020,the Indian River County Board of County Commissioners(BCC)approved the FDEP Water Quality Restoration Grant in the amount of$2,500,000,and FDEP executed the same on July 2, 2020. Saint Johns River Water Management District(SJRWMD) is working on finalizing the grant agreement for the SJRWMD FY 20-21 Cost Share application in the amount.of 1,346,517. Upon finalization and review by legal,staff will bring that agreement to the BCC for review and final approval. 594 IRCDUS has now received the IRLNEP grant agreement. Funding will be made available through a cost reimbursement grant,which will require execution of a grant agreement with the IRLNEP. Analysis: In order to secure the funding,the following needed to be done: • Agreement Contact Information form;and, • A Grant Statement of Work The above information:was prepared by staff and forwarded to IRLNEP for their preparation of the final agreement.On July 15,2020, IRLNEP forwarded the final grant Agreement No. IRL2020-04,which expires September 30, 2022.Staff's understanding is that the SJRWMD grant agreement will be finalized for BCC approval in September 2020. Funding: The estimated sewer construction cost is$4.1 Million and the project cost is$5,841,930.00. The IRLNEP grant will pay $204,017.69 towards the construction"cost. The project is contingent upon successful funding allocations from other funding sources are as follows: • Indian River County Optional Sales Tax. Estimated amount of$1,041,396.00. • FDEP funding award of$2,500,000. Please note that agreement has been executed. • SJRWMD Cost-Share Grant funding award of$1,346,517.00. Please note that agreement has not been finalized. • FY 20-21 Appropriations request award of$750,000.00. The understanding is that these monies will be incorporated in the FDEP grant as an amendment. On August 13, 2019,the BCC approved using Optional Sales Tax funds if there are any shortfalls with the proposed funding sources needed to offset a portion of the construction costs. Staff was directed to continue to pursue all funding sources. Note the funding source requests were based on estimated project costs subject to change once the project is bid. Recommendation: Staff recommends approval of the Indian River Lagoon Natural Estuary Program (IRLNEP) Cost Share Agreement No. IRL2020-04 and requests the Board of County Commissioners to authorize the Chairman to execute the same on their behalf. Attachment(s): IRLNEP Cost Share Agreement(14 Pages) Grant Form 595 AGENCY COST-SHARE AGREEMENT BY AND BETWEEN THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE NORTH SEBASTIAN PHASE 2 SEPTIC TO SEWER PROJECT THIS AGREEMENT("Agreement")is entered into by and between the IRL COUNCIL("Council"), whose address is 1235 Main Street,Sebastian,Florida 32958,and INDIAN RIVER COUNTY,whose address is 1801 27th Street, Vero Beach, Florida 32960 ("Recipient"). All references to the parties hereto include the parties,their officers,employees,agents,successors,and assigns. RECITALS The waters of the state of Florida are among its basic resources,and the Council has been authorized by the United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National Estuary Program. Pursuant to the IRL Council Interlocal Agreement,the Council is responsible for managing the Indian River Lagoon National Estuary Program. The Council has determined that providing cost-share funding to Recipient for the purposes provided for herein will benefit the management of the water resources of the Indian River Lagoon. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A :"the the Project" ( J ) This Project will connect 201 parcels from septic to sewer service and is estimated to reduce 5,580 lbs/yr of TN and 900 lbs/yr of TP from entering the IRL. In consideration of the above recitals,and the funding assistance described below,Recipient agrees to perform and complete the activities provided for in the Statement of Work,Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein.This Agreement consists of all of the following documents: (1)Agreement, (2) Attachment A- Statement of Work; and (3) all attachments, if any. The parties hereby agree to the following terms and conditions. 1. TERM;WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2022 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance on or after October 1, 2020 and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this.Agreement, including any time extensions. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement,all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the Council by Recipient.This offer terminates sixty(60)days after receipt by Recipient. 596 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work,Attachment A. Recipient is responsible for the professional quality,technical accuracy,and timely completion of the Project.Both workmanship and materials shall be of good quality.Unless otherwise specifically provided for herein,Recipient shall provide and pay for all materials,labor, and other facilities and equipment necessary to complete the Project. The Council's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the Council arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project,the Council shall pay Recipient approximately four percent (4%) of the total cost of the Project or five percent (5%) of the total Construction costs,but in no event shall the Council cost-share exceed$204,017.69. The Council cost-share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement.Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the Council's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In-Kind Services. Recipient agrees to provide$1,791,395.54 in the form of cash and in- kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's total cost-share obligation of$5,637,912.31. 5. PAYMENT OF INVOICES (a) Recipient shall submit one invoice upon successful completion of the project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958,or(2)by e-mail to kolodny(2i irlcouncil.org. Invoices shall be submitted in detail sufficient for proper pre-audit and post-audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. For all approved expenses, the Council shall reimburse Recipient based upon the Council's four percent (4%) cost-share of the total approved expenses until the not-to-exceed amount of the Council's cost-share, $204,017.69, has been expended. The Council shall not withhold any retainage from this reimbursement. Council reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary, for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of Council Fiscal Year Reporting.The Council's fiscal year ends on September 30. Irrespective of the invoicing frequency, the Council is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit,prior to October 30, a description of the additional Project work completed between the last invoice and September 30,and an estimate of the 597 additional amount due as of September 30 for such work. If there have been no prior invoices,Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date;provided,however,that when the Completion Date corresponds with the end of the Council's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date.Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the Council,in its sole judgment and discretion,upon a showing of special circumstances that prevent the timely submittal of the final invoice.Recipient must request approval for delayed submittal of the final invoice not later than ten(10) days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) Council contract number; (2) Council encumbrance number;(3)Recipient's name and address(include remit address,if necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project Manager;(6)Recipient's Project Manager; (7)supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Progress Report (if required); (9) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty(20)business days of receipt,stating the basis for rejection.Payments shall be made within forty-five(45)days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule,they are a cost that is borne by recipient. (f) Payments withheld.The Council may withhold or,on account of subsequently discovered evidence,nullify,in whole or in part,any payment to such an extent as may be necessary to protect the Council from loss as a result of: (1)defective work not remedied; (2)failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s)for withholding payment have been remedied. (g) Annual budgetary limitation.For multi-year agreements,it is necessary for the Council to budget as accuratelyaspossible the amount of funds that will be expended bythe Council g P during each fiscal year. The Statement or Work,Attachment A,includes the parties'current of the Council's cost-share on a fiscal year basis(October 1 —September 30 . If projection eP ) Recipient's reimbursable costs exceed the budgeted amount during any fiscal year,the excess reimbursable costs shall be paid at the start of the next fiscal year. Recipient shall promptly notify the Council when it appears that Recipient's reimbursable costs will exceed the budgeted amount during any fiscal year and provide the Council with a revised funding plan. If the Council's annual budget permits, the Council may, in its sole discretion, prepare a Council Supplemental Instruction Form incorporating the revised funding plan and authorizing additional reimbursement during the current fiscal year. 6. INDEMNITY. Recipient shall indemnify and hold harmless, release, and forever discharge the Council,its public officers,employees,agents,representatives,successors,and assigns,from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, 598 arising from or caused by the Recipient,its employees or sub-contractors,in the performance of the Work. The Recipient shall further indemnify the Council for all costs and penalties the Council incurs related to any failure to offer Patient Protection and Affordable Care Act compliant health care coverage to Recipient-employees performing under this contract.Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida,nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28,Fla. Stat.,as amended. 7. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers and employees. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida,nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28,Fla. Stat.,as amended.Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation,and automobile insurance as required by their current rules and regulations,which may include participation in a self-insurance program. 8. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources,including,but not limited to: (1) the United States Environmental Protection Agency; (2) annual appropriations by the Florida Legislature,or(3) appropriations from other agencies or funding sources.Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. Should the Project not be funded,in whole or in part,in the current Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient and this Agreement shall be deemed terminated for convenience five(5)days after receipt of such notice,or within such additional time as the Council may allow. For the purpose of this Agreement,"Fiscal Year"is defined as the period beginning on October 1 and ending on September 30. 9. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five(5)business days.All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2)U.S.certified mail; (3)national overnight courier; (4)e-mail or,(5)fax. Notices via certified mail are deemed delivered upon receipt.Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the.courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. COUNCIL RECIPIENT Daniel Kolodny,Project Manager Vincent Burke,Director IRL Council Indian River County Utility Services 1235 Main Street 1801 27th Street Sebastian,Florida 32858 Vero Beach,Florida 32960 (772)216-7148 (772)226-1830 E-mail: kolodny(&,,irlcouncil.org E-mail: vburke(&,ircgov.com 599 (b) The Council's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating Council policies and decisions regarding all matters pertinent to performance of the Project. The Council's Project Manager may issue a Council Supplemental Instruction (CSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project,do not affect the Council cost-share or Completion Date,or otherwise significantly modify the terms of the Agreement. 10. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by Council's Project Manager and Recipient but must include Council's Quarterly Report Summary Cover Sheet, and may include emails, memos, and letters. (b) Performance Monitoring.For as long as the Project is operational, the Council shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 11. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project,Recipient shall refund to the Council all of the funds provided to Recipient pursuant to this Agreement. However, the Council, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event,the Council may excuse Recipient from the obligation to return funds provided hereunder.If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the Council with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the Completion Date or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project,this paragraph shall apply in the event the total functional project is not completed. In such event,the 90- day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement,unless extended by mutual agreement of the parties. (c) This paragraph shall survive the termination or expiration of this Agreement. 12. TERMINATION (a) Termination for Default. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure,citing the specific nature of the breach. Recipient shall have thirty(30) days to cure the breach. If Recipient 600 fails to cure the breach within the thirty(30)day period,the Council shall issue a Termination for Default Notice and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty(30)days of such termination. The Council may also terminate this Agreement upon ten(10)days written notice in the event any of material misrepresentations in the Project Proposal. (b) Termination for Convenience. The Council may terminate this Agreement at any time for convenience upon thirty(30)calendar days prior written notice to Recipient.Upon receipt of notice, Recipient shall place no further orders for materials, equipment, services, or facilities,for which reimbursement would otherwise be sought. Recipient shall also make every reasonable effort to cancel, upon terms satisfactory to the Council, all orders or subcontracts related to the Project for which reimbursement would otherwise be sought.In the event of such termination, Recipient shall be compensated for all work performed pursuant to this Agreement prior to the effective date of termination. ADDITIONAL PROVISIONS(Alphabetical) 13. ASSIGNMENT. Recipient shall not assign this Agreement,or any monies due hereunder,without the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the Council and any of Recipient's contractors or subcontractors. 14. AUDIT;ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records.Recipient shall maintain its books and records such that receipt and expenditure of thefunds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the Council, and copies of all invoices and supporting documentation for at least five (5) years after expiration of.this Agreement. In accordance with generally accepted governmental auditing standards,the Council shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds.Council funding shall be subject to repayment after expiration of this Agreement if,upon audit examination,the Council finds any of the following: (1)Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement;(3)Recipient has received duplicate funds from the Council for the same purpose; and/or (4) Recipient has received more than one hundred percent(100%)contributions through cumulative public agency cost-share funding. (c) Florida Inspectors General. It is the duty of every state officer,employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation,audit,inspection,review,or hearing pursuant to this section. 601 15. CIVIL RIGHTS. Pursuant to chapter 760,Fla. Stat.,Recipient shall not discriminate against any employee or applicant for employment because of race,color,religion,sex,or national origin,age, handicap,or marital status. 16. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency,the Council achieves its mission through partnerships with state agencies,local governments,community organizations, and others. The Council requires Recipient to acknowledge the Council when describing this project or program funded in whole or in part with Council funds in any of the following products: (1)press releases,speaking engagements,and other public statements; (2)publications and other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid solicitations and/or;(7)social media. 17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the Council's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager,the Project Manager shall forward the request to the Council's General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the Council and shall then be subject to judicial review upon completion of the Project. 18. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises(W/MBE)are given the opportunity for maximum participation as contractors.The Council will assist Recipient by sharing information on W/MBEs.Recipient shall provide with each invoice a report describing:(1)the company names for all W/MBEs;(2)the type of minority,and(3)the amounts spent with each during the invoicing period.The report will also denote if there were no W/MBE expenditures. 19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 20. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement.Recipient is not a contractor of the Council. The Council is providing cost-share funding to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor and tax laws pertaining to Recipient,its officers,agents,and employees. 21. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council has any material interest,as defined in chapter 112,Fla. Stat.,either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 602 22. NON-LOBBYING.Pursuant to section 216.347,Fla. Stat.,as amended,Recipient agrees that funds received from the Council under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 23. PERMITS.Recipient shall comply with all applicable federal,state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost-share funding. 24. PUBLIC ENTITY CRIME. 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,proposal, or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals,or replies 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 s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 25. PUBLIC RECORDS. (a) Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the Council's Project Manager.Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents,papers,letters,or other material related hereto and subject to the provisions of chapter 119,Fla. Stat.,as amended. (b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 216- 7148, KOLODNYAIRLCOUNCIL.ORG, 1235 MAIN STREET, SEBASTIAN,FLORIDA 32958. (c) Recipient shall keep and maintain public records required by the.Council to perform the Project. (d) Upon request from the Council's custodian of public records, Recipient shall provide the Council with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat.or as otherwise provided by law. (e) Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the 603 duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Council. (f) Upon completion of the contract,Recipient may transfer,at no cost,to the Council all public records in possession of the Recipient or keep and maintain public records required by the Council to perform the service.If the Recipient transfers all public records to the Council upon completion of the contract, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of the contract,the Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Council,upon request from the Council's custodian of public records,in a format that is compatible with the information technology systems of the Council. 26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the Council harmless from loss to the extent allowed by Florida law. 604 IN WITNESS WHEREOF,the IRL Council has caused this Agreement to be executed on the day and year written below in its name by its Executive Director,and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity.Upon execution, this Agreement constitutes the entire agreement of the parties,notwithstanding any stipulations,representations,agreements,or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. IRL COUNCIL INDIAN RIVER COUNTY By: By: Duane E. De Freese,Ph.D.,Executive Director Typed Name and Title Date: Date: APPROVED BY THE IRL GENERAL COUNSEL Attest: Carolyn S.Ansay,General Counsel Typed Name and Title ATTACHMENTS Attachment A—Statement of Work Attachment B—Council Supplemental Instructions Form Cost-share:Non-profit corporation Last updated:5-31-2019 605 ATTACHMENT A-STATEMENT OF WORK I. PROJECT TITLE: North Sebastian Phase 2 Septic to Sewer II. INTRODUCTIONBACKGROUND: The Indian River National Estuary Program (IRLNEP) is continuing its Restoration Project Cost Share Initiative Program in Fiscal Year(FY)2020-2021 to restore water quality in the Indian River Lagoon. Each project selected for funding will have a positive benefit to one or more of the IRLNEP's core missions,water quality or natural habitat. The Indian River County(Recipient)requested funding for their North Sebastian Phase 2 Septic to Sewer Project for the not to exceed amount of$204,017.69 towards the estimated construction cost of$4,080,353.85. This request was approved by the Governing Board.The Recipient is located in Indian River County. III. PROJECT VALUE PROPOSITION STATEMENT: The objective of this project is to provide cost share dollars that will enable the Recipient to construct a septic to sewer project, which will reduce the nutrient discharge to the Indian River Lagoon. The estimated nutrient-load reduction benefit is 4,266 lbs./yr.of Total Nitrogen. IV. LOCATION OF PROJECT: The project is located primarily in North Sebastian. A majority of the area lies on the west side of US Hwy 1 north of Roseland Road and smaller are lies on the east side of US Hwy 1 along Ruffner Lane. Please see the following map labeled Exhibit A: "Project Location Map North Sebastian- Phase 2". ly.ad . �}� fl ssonNy '"'"a 5003D1 >:a tdam '}� xam..to stslab. , , 4 ��i�A,w1vs' r [ Prinst tldhWn d�' o-nr 1`ry'L1p „„L,.�Ytl _n �'�/ k OOa.Lltrgeb4Ym W ��}y. .6F' 4'q Afro ssNilbrorkStmchoM .� k �'-tt ..a'. }�gy .)�S Qf SPbryPa.t�.alQt � � tC] ?3#� - M. MO r- ,m ,y: r Al,../2, ii,�,...�AA (yam m `, Mit IINO40}y,i CO , • tik�' Q �`r� 6 1,,ice �+� l ,! �" R v� ?r,, ,f �9 or +; / ter� � � k y � 40,i4.1 .& '+moia ..:I, F .-,e,,,,,,.fit '' e ..,— .4,, xt ���� • - \�Y ti t4', ,'td c0�� � .ks , \f a7�,F,ty ydC e,i7� ,,9 E 4,, - 4 4 ,+.- 3� 2 Ott, t ,C :r74 r 0. �/• [is 4� J s ( � .°kt` 40A� • *t 4''''.4‘,".‘;;; ;%-r'.,"' a '' 4,„'s,, y i C4,.a`F.' 4,e..�►" !.,. ` , •':t'' a ,A . ¢.ani.1 EXHIBIT A:PROJECT LOCATION MAP NORTH SEBASTIAN-PHASE 2 606 V. SCOPE OF WORK: The project will construct a gravity sewer system to service an area that has a mixed land use designation of primarily residential and non-residential properties on septic for a total construction cost for sewer only of$4,080,353.85.The project area currently encompasses a total of 201 parcels. Out of these parcels approximately 90% are developed. Therefore, that leaves approximately 180 parcels the ability to provide sewer services to in the North Sebastian area which would yield a positive benefit to the Lagoon by reducing an estimated amount of 4,266 pounds/year of Total Nitrogen and 900 pounds/year of Total Phosphorus from being leached into the Lagoon. VI. TASK IDENTIFICATION: Task 1: Council's Initial Project Executive Summary sheet: The County will prepare and submit Council's Initial Project Executive Summary Sheet Task 2: Quarterly Reports that include Council's Quarterly Report Summary Cover Page. Task 3: Complete final project Design and obtain all required permits,including right of access to the project sites,related to project construction and subsequent operation and maintenance of the completed work Task 4: Provide procurement for project construction. Task 5: Perform Construction Activities which include an Impact Fee and a Connection Cost Task 6: Project Final Report that Includes Council's Final Project Cover Page VII. DELIVERABLES AND TIME FRAMES: Task 1: The.Council's Initial Project Executive Summary Sheet due October 31, 2020 Task 2: Quarterly Reports that include Council's Quarterly Report Summary Cover Page due January 31, 2021,April 30, 2021,July 31, 2021, and October 31,2021. Task 3: Final Design specifications and Permits to be included in first Quarterly Report due January 31, 2021. Task 4: Contractor Procurement to be included in first Quarterly Report due January 31, 2021. Task 5: Construction Completion. A summary of construction activities that includes total number of parcels connected to be included in Final Report due December 31, 2021. Task 6:Final Report that includes a construction report and final invoice due December 31, 2021. 607 VIII. BUDGET Task line Task Name IRL Cost Share Cost share Funding Source and item Funding Funding Type Amount Amount 1 Initial Project $0 $0 N/A Executive Summary Sheet 2 Quarterly Reports $0 $3,750 IRC(In-Kind) 3 Design and Permitting $0 $188,715 IRC(Cash and In-Kind) 4 Procurement $0 $7,500 IRC(Cash) 5 Construction $204,017.69 $1,346,516.77 SJRWMD(Cash) $2,500,000.00 FDEP(Cash) $1,589,930.54 IRC(Cash) 6 Final Report $0 $1,500 IRC(In-Kind) Summary of Costs $204,017.69 $5,637,912.31 Project total: $5,841,930 Sewer Only Estimated Construction Cost= $ 4,080,353.85 Design Cost= $ 188,065.00 Bidding&CEI Cost= $ 204,017.69 Impact Fee Cost for 201 connections= $ 561,996.00 Connection Cost (private lateral & abandonment of septic)= $ 807,497.40 TOTAL= $ 5,841,930.00 IRLNEP's share was based on 5%of the Estimated Construction Cost of$4,080,353.85 608 • ATTACHMENT B—COUNCIL'S SUPPLEMENTAL INSTRUCTIONS(sample) COUNCIL SUPPLEMENTAL INSTRUCTIONS# DATE: TO: FROM: ,Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions,indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the Council's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved:. Date: ,Council Project Manager cc: Contract file 609 GRANT NAME: IRL Council FY 20-21 Cost Share Grant GRANT# IRL2020-04 AMOUNT OF GRANT: $204,017.69 DEPARTMENT RECEIVING GRANT: Department of Utility Services CONTACT PERSON: Arjuna Weragoda TELEPHONE: 772-226-1821 1. How long is the grant for? September 30,2022 Starting Date: October 1,2020 2. Does the grant require you to fund this function after the grant is over? X Yes No 3. Does the grant require a match? x Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4: Percentage of match to grant 5 5. Grant match amount required nth Pr grants+nST 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? SJRWMD,FDEP.OST 7. Does the grant cover capital costs or start-up costs? X Yes No If no,how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? S Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ g9itMv�eE MNjw WengaEn ' Signature of Preparers — Date: 8/11/20 610 Indian River County,Florida Department of Utility Services Board Memorandum Date: August 3,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Arjuna Weragoda,PE,Capital Projects Manager Subject: Department of Environmental Protection v. IRCUD Central Gifford WWTF—Consent Order Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) owns and operates the Central Wastewater Treatment Facility(CWWTF)under permit number FLA 010431,and the collection and transmission mains that convey wastewater to the plant. On January 3, 2020, one of the collection mains that transmits wastewater from Lift Station 200, located in an easement along the north side of the properties along Manly Avenue, was compromised. Approximately 1.2 million gallons of wastewater was discharged on adjacent land. Analysis: The State Warning Point was notified of the Sanitary Sewer Overflow (SSO) on January 3, 2020, immediately upon noticing the pressure losses at the lift station. IRCDUS took immediate action to minimize the impacts to the environment by containing the spill and re-pumping 1.3 million gallons back into the sewer system.This action avoided any of the SSO from entering any surface water bodies.Further action in the form of adding a check valve in the existing force main downstream and replacing the entire control panel at Lift Station 200 was undertaken and completed in January 2020 and April 2020, respectively. IRCDUS staff is currently engaged in replacing the entire old thin wall plastic six-inch force main with a larger and stronger eight-inch DR-18(thicker wall)PVC pipe.This project involves constructing a new line under the Florida East Coast (FEC) railroad right-of-way, therefore extensive surveying, easements,design,and permitting are underway as part of this IRCDUS immediate corrective action. Based on the SSO violation per Rule 62-604.130, Florida Administrative Code (F.A.C), the Florida Department of Environmental Protection (FDEP) has issued Consent Order No. 20-0891. Staff would like to present the following options for the Board of County Commissioners(BCC)to consider: Option 1:Pay the civil penalty in the amount of$6,000.00. Option 2:Accept the FDEP offer and submit a plan for a Pollution Prevention (P2) project for FDEP's approval. Option 3:Accept the FDEP offer and submit a plan for an In-Kind project for FDEP's approval. Option 4:Do not accept the FDEP offer,and contest the FDEP's actions. 611 As part of the consent order, FDEP has offered, in lieu of civil penalties,a P2 project or an In-Kind penalty project.Both options will have to be approved by the FDEP,and the timelines for implementation of these projects are specifically outlined in the consent order. The County is currently considering a P2 project in the form of replacing two old A/C units with more energy efficient units in order to reduce electricity consumption and ultimately reduce greenhouse gas emissions. Funding: Note that if the FDEP accepts the County's P2 project,then the civil penalties of$6,000.00 will be waived, but the County will still be liable to FDEP for$500.00 in administrative fees.Funding for this project is derived from Utilities operating funds.Utilities operating fund revenues are generated from water and sewer sales. Account Name Account Number Amount Other Equipment 471-166002 $13,040.00 Other Professional Services 47121836-033190 $ 500.00 Recommendation: Staff recommends the acceptance of the Florida Department of Environmental Protection's (FDEP)offer with Option 2(Accept the FDEP offer and submit a plan for a Pollution Prevention(P2) project for FDEP's review and approval),and the Board of County Commissioners to authorize the Chairman to execute the consent order or delegate authority to the Director of Utility Services to execute the same,as presented. Attachment(s): Department of Environmental Protection v.IRCUD Central Gifford WWTF—Consent Order(14 Pages) 612 O0�OPDEPARtMP,y� FLORIDA DEPARTMENT OF R°"G°�""$ overnor Environmental Protection Jeanette Norm '" z Lt.Governor z o Poti� ` Southeast District Office NoahValensfiefn ENTAL P 3301 Gun Club Road,MSC 7210-1 Secretary West Palm Beach, FL 33406 561-681-6600 July 31, 2020 IRCUD Central Gifford WWTF Vincent Burke,Utilities Director 1801 27th Street Vero Beach, Florida 32960-6303 VBurke@IRCgov.com SUBJECT: Department of Environmental Protection v. IRCUD Central Gifford WWTF, OGC File No.: #20-0891 Facility ID: FLA010431 Mr.Burke: The State of Florida Department of Environmental Protection("Department")finds that IRCUD Central Gifford WWTF ("Respondent")had an unauthorized discharge of 1,200,000 gallons of untreated wastewater,in violation of Rule 62-604.130,Florida Administrative Code(F.A.C.). Although there are no actions required to correct the violation,the Respondent remains subject to civil penalties as a result of the violation. The Respondent is also responsible for costs incurred by the Department during the investigation of this matter. The Department's Offer Based on the violation incurred by the unauthorized discharge described above, the Department is seeking$6,000.00 in civil penalties and$500.00 for costs and expenses the Department has incurred in investigating this matter,which amounts to a total of$6,500.00. In lieu of making cash payment of$6,500.00 in civil penalties and Department costs,Respondent may elect to off-set the civil penalty amount of$6,000.00 by implementing a Pollution Prevention(P2)Project,which must be approved by the Department. P2 is a process improvement that reduces the amount of pollution that enters the environment;by conserving resource(including water,raw materials,chemicals,and energy)use, or by minimizing waste generation(including domestic and industrial wastewater,solid and hazardous waste,and air emissions). A P2 Project must reduce pollution or waste within the process beyond what is required by Federal,state,or local law, in order to be eligible for civil penalty off-set under this Order. If Respondent chooses to implement a P2 project,Respondent shall notify the Department of its election within 15 days of the effective date of this Order. 613 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 2 of 14 If Respondent elects to implement a P2 Project,Respondent shall submit a completed P2 Project Plan(Plan)within 30 days of the effective date of this Order. The Plan must be completed using Exhibit A, P2 Project Template. In the event the Department requires additional information to process the Plan, Respondent shall provide a modified Plan containing the information requested by the Department within 15 days of the date of the request. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty,Respondent shall pay the difference within 30 days of written notification by the Department to Respondent that the balance is due. Also, in lieu of making cash payment of$6,000 in civil penalties or electing to implement a P2 Project as set forth above, Respondent may elect to off-set this amount by implementing an In- Kind Penalty project,which must be approved by the Department. An in-kind project must be either an environmental enhancement,environmental restoration or a capital/facility improvement project and may not be a corrective action requirement of the Order or otherwise required by law. The Department may also consider the donation of environmentally sensitive land as an in-kind project. The value of the in-kind penalty project shall be one and a half times the civil penalty off-set amount,which in this case is the equivalent of at least$9,000.00. If Respondent chooses to implement an in-kind project as provided in this paragraph,Respondent shall notify the Department of its election by email within 15 days of the effective date of this Consent Order. Notwithstanding the election to implement an in-kind project,payment of the remaining$500 in costs must be paid within 30 days of the effective date of the Consent Order. If Respondent elects to implement an in-kind project as set forth above, then Respondent shall comply with all the requirements and time frames in Exhibit B, In-Kind Projects. Respondent's Acceptance If you wish to accept this offer and fully resolve the enforcement matter pending against the Respondent,within 30 calendar days of the mailing date of this Order,please sign this letter and return it to the Department at SED.Wastewater@a,FloridaDEP.gov or at 3301 Gun Club Rd. MSC 7210-1, West Palm Beach, Florida 33406. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk, it will constitute a final order of the Department pursuant to Section 120.52(7),F.S. and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120, F.S. and the attached Notice of Rights. By accepting this offer you, Mr.Vincent Burke: (1) certify that you are authorized and empowered to negotiate,enter into,and accept the terms of this offer in the name and on behalf of the Respondent; (2) acknowledge and waive the Respondent's right to an administrative hearing pursuant to Sections 120.569 and 120.57,F.S., on the terms of this offer,once final; 614 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 3 of 14 (3) acknowledge and waive the Respondent's right to an appeal pursuant to Section 120.68, F.S.; and (4) acknowledge that payment of the above amount does not constitute a waiver of the Department's right,if any,to recover emergency response related costs and expenses for this matter. The Department acknowledges that the Respondent's acceptance of this offer does not constitute an admission of liability for the violation(s)referenced above. Respondent's Performance After signing and returning this document to the Department, (1) If elected,Respondent shall implement an approved P2 Project within 90 days of the effective date of this Order and shall submit a P2 Project Final Report within 270 days of the effective date of this Order. Your failure to timely start or complete the P2 Project,or timely provide the Department with the Final Report,will cause the P2 Project option to be forfeited and the civil penalty which is $6,000.00 shall be due within 10 days of notice from the Department. Similarly,if Respondent fails to timely notify the Department of intent to implement a P2, the full civil penalty shall be due within 10 days of notice from the Department. (2) If elected,Respondent shall implement an approved In-Kind Penalty Project within the submitted and approved schedule as set forth in the attached Exhibit B. Your failure to timely start or complete the In-Kind Project,or timely provide the Department with the Final Report,will cause the In-Kind Project option to be forfeited and the civil penalty which is$6,000.00 shall be due within 10 days of notice from the Department. Similarly, if Respondent fails to timely notify the Department of intent to implement an In-Kind Penalty Project,the full civil penalty shall be due within 10 days of notice from the Department. (3) Respondent must pay $500.00 for the Department costs within 30 calendar days of the effective date of this Order. (4) Respondent shall make all payments required by this Order by cashier's check, money order or on-line payment. Cashier's check or money order shall be made payable to the "Department of Environmental Protection"and shall include both the OGC number assigned to this Order and the notation"Water Quality Assurance Trust Fund." Online payments by e-check can be made by going to the DEP Business Portal at: http://www.fldepportal.com/go/pay/.It will take a number of days after this order is final, effective and filed with the Clerk of the Department before ability to make online payment is available. The Department may enforce the terms of this document, once final,and seek to collect monies owed pursuant to Sections 120.69 and 403.121, F.S. 615 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 4 of 14 Until clerked by the Department,this letter is only a settlement offer and not a final agency action. Consequently,neither the Respondent nor any other party may request an administrative hearing to contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order of the Department,as explained above, the attached Notice of Rights will apply to parties,other than the Respondent,whose interests will be substantially affected. Electronic signatures or other versions of the parties' signatures,such as .pdf or facsimile,shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing,executed by both Respondent and the Department,and filed with the clerk of the Department. Please be aware that if the Respondent declines to respond to the Department's offer,the Department will assume that the Respondent is not interested in resolving the matter and will proceed accordingly. If you have any questions,please contact Zara Mansoor at(561) 681-6659 or at Zara.Mansoor@FloridaDEP.gov. Sincerely, Jason Andreotta Director,Southeast District FOR THE RESPONDENT: I, [Type or Print Name],HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE. By: Date: [Signature] Title: [Type or Print] 616 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 5 of 14 FOR DEPARTMENT USE ONLY DONE AND ORDERED this day of , 2020, in County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Jason Andreotta Director,Southeast District Filed,on this date,pursuant to section 120.52, F.S.,with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Attachments: Notice of Rights Exhibit A, P2 Project Template Exhibit B, In-Kind Projects Final clerked copy furnished to: Lea Crandall,Agency Clerk(lea.crandall(a,dep.state.fl.us) 617 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 6 of 14 NOTICE OF RIGHTS Persons who are not parties to this Order,but whose substantial interests are affected by it,have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes.Because the administrative hearing process is designed to formulate final agency action,the filing of a petition concerning this Order means that the Department's final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information: a) The OGC Number assigned to this Order; b) The name,address,and telephone number of each petitioner;the name,address,and telephone number of the petitioner's representative,if any,which shall be the address for service purposes during the course of the proceeding; c) An explanation of how the petitioner's substantial interests will be affected by the Order; d) A statement of when and how the petitioner received notice of the Order; e) Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts; f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Order; g) A statement of the rules or statutes the petitioner contends require reversal or modification of the Order; and h) A statement of the relief sought by the petitioner,stating precisely the action petitioner wishes the Department to take with respect to the Order. The petition must be filed(received)at the Department's Office of General Counsel, 3900 Commonwealth Boulevard,MS# 35,Tallahassee,Florida 32399-3000 or received via electronic correspondence at Agency Clerk@floridadep.gov,within 21 days of receipt of this notice.A copy of the petition must also be mailed at the time of filing to the District Office at the address indicated above. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57,Florida Statutes.Mediation under Section 120.573, Florida Statutes,is not available in this proceeding. 618 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 7 of 14 • Exhibit A P2 Project Template A. Project Description: (Summarize P2 Projects selected. Describe the processes or operations to be modified,and the specific changes to be made. Include details such as the specific equipment to be installed,materials to be substituted,and the actual changes to be made to processes or operations. Include manufacturer or vendor information,and specifications.) B. Environmental and Economic Benefits: (Explain why and how each Project proposed constitutes P2. Specify how each material,chemical,water and energy is saved,and from which processes or operations. Specify how each solid and hazardous waste, industrial wastewater and air emissions is generated,the waste type,and from which processes or operations. Describe generally in paragraph format. Estimate the annual savings in resources-raw materials,chemicals,water,and energy at the process or operation front end. Estimate the annual reductions in wastes- solid and hazardous waste, wastewater,and air emission reductions at the process or operation back end. Figures quoted should represent weights or volumes annually,and should be equalized for production rate changes. Associated cost savings should be included. Describe specifically using the tables provided. Complete the first table for each Project individually. Add or average corresponding figures from each Project table to complete the Summary table,for multiple Projects.) 619 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 8 of 14 (Project Name) Annual Resource Consumption Comparison Quantity Used(gal/lb/kwh-specify) Purchasing Cost ($) Percent Item Before After Reduction Before After Reduction (%) Reduction Water Chemicals Materials • Energy Total Annual Cost Savings= Annual Waste Generation Comparison Quantity Generated(gal/lb/tons-specify) Disposal Cost ($) Percent Item Before After Reduction Before After Reduction (%) Reduction Hazardous Waste Industrial Wastewater Solid Waste Air Emissions Total Annual Cost Savings= Total Annual Avoided Cost Savings= Summary ofAll P2 Projects Annual Resource Consumption Comparison Quantity Used(gal/lb/kwh-specify) Purchasing Cost ($) Percent Item (%) Before After Reduction Before After Reduction Reduction Water Chemicals Materials Energy Total Annual Cost Savings= Annual Waste Generation Comparison Quantity Generated(gal/lb/tons-specify) Disposal Cost($) Percent Item Before After Reduction Before After Reduction (%) Reduction Hazardous Waste _ Industrial Wastewater Solid Waste 620 1 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 9 of 14 Air Emissions Total Annual Cost Savings= Total Annual Avoided Cost Savings= C. Project Cost: (Include per Project the itemized,subtotal and Project total costs. A projected payback period in months or years needs to be included. Provide a grand total cost for all Projects and an averaged projected payback period,for multiple Projects. Use list or table format for all.) D. Project Reporting: 1. Within 30 days of completing the P2 Project,the Respondent shall submit to the Department a P2 Project Final Report that includes the following: a. A confirmation that the information presented in Sections A-C of the Summary is unchanged, or an updated version with the sections changed appropriately. A statement that the Project(s)was/were implemented successfully. An explanation of any problems encountered and corrections applied. A statement indicating the date the Project was started and also the date completed. b. Attached expense reports,receipts,purchasing instruments and other documents itemizing costs expended on preparing and implementing the Project. 2 The Department shall review the Final Report and determine: a. Whether the project was properly implemented;and b. Which expenses apply toward pollution prevention credits. 3. A$1.00 pollution prevention credit for each$1.00 spent on applicable costs will be applied against the portion of the civil penalty that can be offset. a. The following costs are applicable as P2 credits toward the civil penalty offset amount: i. Preparation of the P2 Project; ii.Design of the P2 Project; iii.Installation of equipment for the P2 Project; iv. Construction of the P2 Project; v. Testing of the P2 Project; vi. Training of staff concerning the implementation of the P2 Project; and vii. Capital equipment needed for the P2 Project. b. The following costs shall not apply as P2 credits toward the civil penalty offset amount: i. Costs incurred in conducting a waste audit; ii.Maintenance and operation costs involved in implementing the P2 Project; iii.Monitoring and reporting costs; iv. Salaries of employees who perform their job duties; v. Costs expended to bring the facility into compliance with current law, rules and regulations; 621 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 10 of 14 vi. Costs associated with a P2 Project that is not implemented; vii.Costs associated with a P2 Project that has not been approved by the Department;and viii.Legal costs. c. If any balance remains after the entire P2 credit is applied to the allowable portion of the civil penalty,Respondent shall pay the difference within 30 days of written notification by the Department to the Respondent that the balance is due. 4. The Department may terminate the P2 Project at any time during the development or implementation of it,if the Respondent fails to comply with the requirements in this document,act in good faith in preparing and implementing the project,or develop and implement the P2 Project in a timely manner. The Respondent may terminate the P2 Project at any time during its development or implementation. 5. If the P2 Project is terminated for any reason,Respondent shall pay the full balance of the allowable portion of the civil penalty within 10 days of written demand by the Department. 622 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 11 of 14 Exhibit B In-Kind Projects Introduction Proposal a. Within 60 days of the effective date of this Consent Order,Respondent shall submit,by certified mail,a detailed in-kind project proposal to the Department for evaluation. The proposal shall include a summary of benefits,proposed schedule for implementation and documentation of the estimated costs which are expected to be incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the in-kind project. Proposal Certification Form b. The proposal shall also include a Certification by notarized affidavit from a senior management official for (insert name of Respondent)who shall testify as follows: My name is (print or type name of senior management official) and do hereby testify under penalty of law that: A. I am a person with management responsibilities for (print or type name of Respondent)budget and finances.During the eighteenth month period prior to the effective date of Consent Order OGC Case No.: there has not been any transfer or use of funds obtained by the (print or type name of Respondent) from the collection of sewer rates for any purpose not related to the management, operation,or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me,by means of❑ physical presence or El online notarization,this day of , 20 by 623 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 12 of 14 Personally, known or by Production of the following Identification Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/Serial No.: Annual Certification Form My name is (print or type name of senior management official)and do hereby testify under penalty of law that: A. I am a person with management responsibilities for (print or type name of Respondent)budget and finances. During the twelve month period immediately preceding the notary date on this Certification,there has not been any transfer or use of funds obtained by the (print or type name of Respondent)from the collection of sewer rates for any purpose not related to the management,operation,or maintenance of the Sewer System or to any capital improvement needs of the Sewer System. B. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowingly submitting false information in this certification. Sworn to and subscribed before me,by means of 0 physical presence or 0 online notarization,this day of , 20 by Personally,known or by Production of the following Identification Notary Public, State of Florida Printed/typed or stamped name: My Commission Expires: Commission/Serial No.: c. If the Department requests additional information or clarification due to a partially incomplete in-kind proj ect proposal or requests modifications due to deficiencies with Department guidelines,Respondent shall submit,by certified mail,all requested additional information,clarification,and modifications within 15 days of receipts of written notice. d. If upon review of the in-kind project proposal,the Department determines that the project cannot be accepted due to a substantially incomplete proposal or due to substantial deficiencies with minimum Department guidelines;Respondent shall be 624 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 13 of 14 notified,in writing,of the reason(s)which prevent the acceptance of the proposal. Respondent shall correct and redress all the matters at issue and submit,by certified mail, a new proposal within 30 days of receipt of written notice. In the event that the revised proposal is not approved by the Department,Respondent shall make cash payment of the civil penalties as set forth above,within 30 days of Department notice. e. Within 120 days of the effective date of this Consent Order, or, of the Department's notification that applying stipulated penalties to an in-kind project is acceptable,Respondent shall obtain approval for an in-kind project from the Department. If an in-kind project proposal is not approved by the Department within 120 days of the effective date of this Consent Order, or, of the Department's notification that applying stipulated penalties to an in-kind project is acceptable then Respondent shall make cash payment of the civil penalties as set forth above,within 30 days of Department notice. f. Within 180 days of obtaining Department approval for the in-kind proposal or in accordance with the approved schedule submitted,Respondent shall complete the entire in-kind project. g. During the implementation of the in-kind project,Respondent shall place appropriate sign(s)at the project site indicating that Respondent's involvement with the project is the result of a Department enforcement action. Respondent may remove the sign(s)after the project has been completed. However, after the project has been completed Respondent shall not post any sign(s)at the site indicating that the reason for the project was anything other than a Department enforcement action. h. In the event,Respondent fails to timely submit any requested information to the Department,fails to complete implementation of the in-kind project or otherwise fails to comply with any provision of this paragraph,the in-kind penalty project option shall be forfeited,and the entire amount of civil penalties shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely remits the$6,000 penalty,no additional penalties shall be assessed for failure to complete the requirement of this paragraph. i. Within 15 days of completing the in-kind project,Respondent shall notify the Department,by certified mail,of the project completion and request a verification letter from the Department. Respondent shall submit supporting information verifying that the project was completed in accordance with the approved proposal and documentation showing the actual costs incurred to complete the project. These costs shall not include those incurred in developing the proposal or obtaining approval from the Department for the project. j. If upon review of the notification of completion,the Department determines that the project cannot be accepted due to a substantially incomplete notification of completion or due to substantial deviations from the approved in-kind project; Respondent shall be notified,in writing,of the reason(s)which prevent the acceptance of the project. Respondent shall correct and redress all the matters at issue and submit,by certified mail,a new notification of completion within 15 days of receipt of the Department's notice. If upon review of the new submittal,the Department determines that the in-kind project is still incomplete or not in accordance with the approved proposal,the in-kind penalty project option shall be forfeited,and the entire amount of civil penalty shall be due from the Respondent to the Department within 30 days of Department notice. If the in-kind penalty project is terminated and Respondent timely 625 DEP v. IRCUD Central Gifford WWTF OGC No. 20-0891 Page 14 of 14 remits the$6,000, no additional penalties shall be assessed for failure to complete the requirements of this paragraph. 626 Indian River County,Florida Department of Utility Services Board Memorandum Date: July 24,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard,Operations Manager, Utility Services Richard Meckes,Wastewater Superintendent Subject: Chemtrade Price Changes Background/Analysis: On September 11, 2018, the Indian River County Board of County Commissioners (BCC) approved the award for Bid 2019003 for the Annual Bid for Liquid Aluminum Sulfate. We have been purchasing liquid aluminum sulfate (alum) under this agreement since October 1, 2018. The approved bid award for Fiscal Year(FY) 2018/2019 was awarded at the price of$0.5672 per gallon. Section 2. C of the agreement states that the bid award may renewed, by mutual agreement,for two(2)additional ONE(1)YEAR periods up to a cumulative total of THREE (3) YEARS at the same prices, terms and conditions. Any change in price, terms, or conditions shall be accomplished by written amendment to this award with final approval requiring BCC action. Previously on April 9, 2019 the BCC authorized an increase in the unit price from $0.5672 to the current price of$0.6618. Chemtrade Chemicals US LLC (Chemtrade) has submitted correspondence and a request to increase their current pricing.Chemtrade has listed the following reasons for their request: 1. Higher cost of raw materials. 2. Additional freight costs due to carriers' need to retain responsible, qualified, and safe drivers, and to maintain trucks. Chemtrade is requesting that the current price of$0.6618 per gallon be increased to$0.6890 per gallon due to the conditions listed above. All other terms and conditions of the agreement will remain the same with the exception of the increased price per gallon. The approved FY 2019/2020 budget for the purchase of alum for the wastewater treatment facilities (WWTF), 47121836-035230, is $47,000.00, and the approved budget for the biosolids operations department, 47125736-035230, is $23,000.00. Current year-to-date spending listed in the chart below indicates that the requested increase will not require any additional funding this fiscal year. An email of updated pricing is available from the Purchasing Division upon request. 627 ACCT NO ENC SPENT REMAINING 47121836-035230 $47,000.00 $29,185.21 $ 17,814.79 47125736-035230 $ 23,000.00 $ 19,886.80 $ 3,113.20 Funding: Funds for alum are in the chemicals budget for both the WWTF and biosolids divisions,which are part of the Utilities operating funds budgets.The proposed budget for FY 2020/2021 includes the funding listed below. Staff believes the proposed budgets include enough funding to absorb the price increase as listed. Utilities operating funds are generated from water and sewer sales. Additional Cost Description Account Number Total Budget due to price increase Chemicals Wastewater Treatment 47121836-035230 $ 71,000 $1,900 Chemicals Biosolids 47125736-035230 $ 29,000 $ 940 Recommendation: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve the Chemtrade Chemicals US LLC request of a price increase for the Fiscal Year 2020/2021 starting October 1, 2020, for the purchase of liquid aluminum sulfate, and authorize the final extension.Staff recommends that the contract be rebid for the Fiscal Year 2021/2022 budget. 628 Addition to Agenda August 18,2020 3. A CONSENT AGENDA INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: August 14,2020 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management&Budget SUBJECT: Single Source Purchase of Tyler Technologies E-Procurement, Bid Management, and Accounts Payable Workflow modules DESCRIPTION AND CONDITIONS Indian River County currently utilizes the Tyler Technologies financial software package known as MUNIS which includes general ledger, budget, accounts payable, accounts receivable, purchasing, capital assets, human resources and payroll modules. Staff is now seeking the single source purchase and implementation of the E-Procurement (including Vendor Self Service), Bid Management and Accounts Payable Workflow modules of MUNIS. These modules will facilitate the following processes to be conducted electronically and promote teleworking: invoice submission from vendors, invoice processing and approval by departments, vendor communication and updates, invoice payment status verifications, online department purchasing through vendor websites, bid management and streamlined quote requests. In addition, the Vendor Self Service program will promote electronic access for outside vendors by allowing them to electronically submit invoices, transmit updated documentation, and allow for mass email communication. Adding these modules to our existing Munis software provides for a seamless integration with our current modules. Under the Federal guidelines, this non-competitive procurement is authorized, due to the proprietary nature of the Tyler Technologies financial software package, and is considered a single source purchase(referred to as sole source in the Purchasing Manual). FUNDING Funding for the additional modules in the amount of$85,250 will be provided by the CARES Act funding appropriated for Board of County Commissioner expenses. Account Description Account Number Amount CARES Act Fund/Information Systems 13924113-066490 $76,710 CARES Act Fund/Information Systems 13924113-035290 $8,540 Board of Commissioners Page 2 of 2 August 14, 2020 RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a Purchase Order for the E-Procurement, Bid Management, and Accounts Payable Workflow modules. ATTACHMENT Tyler Technologies Quote a2�Z -4- Q.) o 0 0 0 0 0 a0 0 o 0 � I O O O O O O 0 O O O co N 0 M LOC) T.O V fl": COON 0 a) CO O h Cr) oo Lq N R d- h N O _ C cTo ER 64 69 .4-- d04 69 69 CO E 3 a) w 8 O O 2o } O 3 To 0 0 0 0 0 0 0 0 0 w ~ CDOCOOOEl3 -N O O O O ... 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U v, CA v) oO yN U 5 ,n CU "0 'O 7 0U a, 23 �� � cd N ce a) c' y O 0. 0 U N a) o g GL a) ti >, C o F, 0 En y a) y Na) 0 e a) . � TEL .o O a) > 1 ' y N >, 0 - >,o ; >' o ›' ' 0U E-, "0 - S - Eo PEE- A E (0264 Attachment A As a Federally Qualified Health Center,Treasure Coast Community Health (TCCH) is qualified to provide safe medical primary care to all people who have been impacted by the public health emergency of COVID-19 in 2020. TCCH will provide the following services related to Covid-19 testing and treatment: • PCR Testing(the "Gold Standard" in testing), using nasal swabs o In conjunction with LabCorp or Quest Laboratories o Utilizing drive through locations (according to volume of patients/supplies) or o At one of their 7 medical sites (located in Fellsmere, Sebastian, Gifford, United Against Poverty, 787 37th Street, Central Vero or Oslo Road) o For all ages, races and ethnicities regardless of symptoms o Positive results reported to Florida Department of Health and person tested • Rapid (Screening)Testing o Upon availability of equipment and testing supplies • Antibody Testing o Blood test; will be drawn at TCCH Medical sites and processed through LabCorp or Quest laboratories, and reported by TCCH. • Vaccinations o Upon approval from the Food & Drug Administration, and subsequent availability o Will likely necessitate a medical on-site visit for administration. • Clinical evaluations by Physicians/APRNs of individuals with Covid symptoms h alth issues o Mitigation of symptoms and monitoring of concurrent e l l uzs.� , MAI MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 30, 2020 SUBJECT: Escambia County Housing Finance Authority Multifamily Housing Revenue Bonds (Orange Blossom Village Apartments) BACKGROUND. On November 6, 2018, the Indian River County Board of County Commissioners (the "Board") adopted Resolution 2018-108, in which the Board granted to the Escambia County Housing Finance Authority(the "Escambia Authority") area of operation authority, pursuant to Section 159.603, Florida Statutes, to operate within Indian River County for the purpose of financing or refinancing the costs of acquiring, upgrading, reconditioning, rehabilitating, improving and beautification by Orange Blossom Village, LLLP, a Florida limited liability limited partnership, or its affiliate or subordinate non-profit corporation (as applicable, the "Company"), or a limited liability company of which the Company is the managing member or a limited partnership of which the Company is the general partner (as applicable, the "Borrower"), of an existing multifamily rental housing facility presently containing 80 units to be known as the Orange Blossom Apartments, located at Orange Blossom Village Apartments, located at 3050, 3055, 3155, 3250, 3255, 3300, 3301, 3310, 3311, and 3329 12th Court, Indian River County, Florida 32960 (the "Apartments"), to provide residential rental housing facilities for persons of very low, low, middle, and moderate income. Escambia Authority has informed Indian River County that the Company has submitted an application for up to $15,000,000 in tax exempt multifamily housing revenue bonds for the Apartments. The tax-exempt bond financing will allow the Company to make improvements and enhancements to the Apartments. The Company advises that it expects that the current tenants will not be significantly inconvenienced by the renovation process, though temporary relocation to other units within the complex might be required in limited instances for the safety and convenience of the tenant. On August 9, 2020, a notice of a Tax Equity and Fiscal Responsibility (TEFRA) Public Hearing was published in the Indian River Press Journal advising the citizens of the hearing for the purpose of receiving public comment. 629 Board of County Commissioners July 30, 2020 Page Two Thus,the chair should open the public hearing and take any input from the public and then have the Board vote as to whether to approve the resolution authorizing the plan of finance for the issuance of up to $15,000,000 in multifamily housing revenue bonds by the Escambia Authority to be used to finance or refinance improvements to the Apartments. FUNDING: No funding is required from Indian River County for this item. The bonds are to be obligations of the Escambia Authority and will not be a debt, liability or obligation of or pledge of the faith and credit of Indian River County. RECOMMENDATION: The County Attorney's Office recommends that the chair open the public hearing and take any input from the public and then have the Board vote as to whether to approve the resolution authorizing the plan of finance for the issuance of up to $15,000,000 in multifamily housing revenue bonds by the Escambia Authority to be used to finance or refinance improvements to the Apartments. ATTACHMENT(S) Proposed Resolution 630 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE ISSUANCE BY THE ESCAMBIA COUNTY HOUSING FINANCE AUTHORITY OF ITS NOT TO EXCEED$15,000,000 MULTIFAMILY HOUSING REVENUE BONDS (ORANGE BLOSSOM APARTMENTS), SERIES [TO BE DETERMINED] FOR THE BENEFIT OF ORANGE BLOSSOM VILLAGE, LLLP, OR ITS AFFILIATE, TO PROVIDE FUNDS TO FINANCE OR REFINANCE A MULTIFAMILY RESIDENTIAL RENTAL PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Escambia County Housing Finance Authority (the "Authority") is a public body corporate and politic, duly organized and existing under the provisions of Chapter 159, Part IV, Florida Statutes, as amended and supplemented, which has been granted by Resolution 2018-108 adopted by the Board of County Commissioners on November 6, 2018 "area of operation" authority within Indian River County with respect to the financing of the Orange Blossom Village Apartments, a multifamily residential rental facility development (as hereinafter identified); and WHEREAS, Orange Blossom Village, LLLP, a Florida limited liability limited partnership, or one of its affiliates (the "Borrower"), has requested the Authority to issue its Multifamily Housing Revenue Bonds (Orange Blossom Village Apartments) (the"Bonds"), the proceeds of which would be used to (i) pay or reimburse the Borrower for the cost of acquiring, upgrading, reconditioning, rehabilitating, improving and beautification of an existing multifamily residential rental apartment project known as Orange Blossom Village Apartments (the "Orange Blossom Apartments Development"), which will consist of 80 residential units, at least 40% of such units are to be occupied by elderly persons of low and moderate income, whose income does not exceed 60%of the area median income, located at 3050, 3055, 3155, 3250, 3250, 3255, 3300, 3301, 3310, 3311 and 3329 12th Court, Indian River County, Florida (the "Project Location"); (ii) fund a debt service reserve fund for the Bonds, if required; and (iii) pay a portion of the costs of issuance of the Bonds; and WHEREAS, the County Commission conducted a public hearing on August 18, 2020, notice of which hearing was published on August 9, 2020, in the Indian River Press Journal (a copy of which notice is attached hereto as Exhibit "A" and incorporated herein), for the purpose of considering the issuance of the Bonds by the Authority, in accordance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"). Said public hearing disclosed no reason why the Bonds should not be issued; and WHEREAS, Section 147(f)of the Code requires approval of the issuance of the Bonds by the Board of County Commissioners of Indian River County, Florida (the "Board"), as the "applicable elected representative" under Section 147(f) after a public hearing following reasonable public notice, 631 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board, pursuant to, and in accordance with, the requirements set forth in Section 147(f) of the Code, hereby approves the issuance of the Bonds by the Authority, in one or more series at one or more times in a principal amount not exceeding $15,000,000. 2. The Bonds shall not constitute a debt, liability or obligation of the County, the State of Florida (the "State") or any political subdivision or agency thereof other than the Authority, or a pledge of the faith and credit of the Authority, the County, the State or of any political subdivision or agency thereof, and neither the Authority, the County, the State nor any political subdivision or agency thereof will be liable on the Bonds, nor will the Bonds be payable out of any funds other than those pledged and assigned under the Indentures and the Loan Agreements. 3. The approval given herein is solely for the purpose of satisfying the requirements of Section 147(f) of the Code and shall not be construed as an approval of any necessary rezoning application or any regulatory permits required in connection with the issuance of the Bonds or the construction of the Project, and this Board shall not be construed by virtue of its adoption of this Resolution to have waived, or be estopped from asserting, any rights or responsibilities it may have in that regard. 4. The approval given herein is solely for the purpose of approving the project described above, the plan of finance, and the bonds herein described. The Board reserves the right to consent to any additional project to be financed within the jurisdictional limits of the County upon such terms as it shall deem appropriate and to adopt and amend policies applicable to obtaining such consents. 5. It is a condition of the approval given herein that a Land Use Restriction Agreement with a Qualified Project Period of not less than thirty-five years be executed and delivered in connection with the issuance of the bonds described herein. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice-Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 632 The Chairman thereupon declared the Resolution duly passed and adopted this 18th day of August, 2020. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By: By: Susan Adams,, Chairman Deputy Clerk (SEAL) Approved as to form and legal sufficiency: Dylan Reingold County Attorney 633 NOTICE OF PUBLIC HEARING For the purpose of Section 147(f)of the Internal Revenue Code of 1986,as amended,notice is hereby given that the Board of County Commissioners of Indian River County, Florida (the "County"), will hold a public hearing at 9:05 a.m. on Tuesday, August 18, 2020, or as soon thereafter as the matter may be heard, in the County Commission Chambers located at 1801 27th Street, Vero Beach, Florida 32960, to consider a plan of finance for the issuance of a series of bonds by the Escambia County Housing Finance Authority (the "Authority"), 700 S. Palafox Street, Suite 310, Pensacola,FL 32502, for the following purpose: The Authority proposes to issue not exceeding$15,000,000 in aggregate principal amount of its revenue bonds (the "Bonds"), in one or more installments or series and loan the proceeds of such Bonds to Orange Blossom Village, LLLP, a Florida limited liability limited partnership, whose principal place of business is 200 S.Biscayne Boulevard(GJC), Suite 4100,Miami,Florida 33131, or its affiliate (the "Borrower") for the purpose of financing or refinancing the costs of acquiring,upgrading,reconditioning,rehabilitating,improving and beautification by the Borrower of an existing multifamily rental housing facility presently containing 80 units known as Orange Blossom Village Apartments, located at 3050, 3055, 3155, 3250, 3255, 3300, 3301, 3310, 3311, and 3329 12th Court,Indian River County,Florida 32960(the"Project"),to provide rental housing facilities for elderly persons of low, very low, middle, and moderate income. The Project will be owned and operated by the Borrower. The Bonds,when issued,will be special,limited obligations of the Authority payable solely out of the revenues derived from a financing agreement with the Borrower. The Bonds and interest thereon shall never pledge the taxing power, or constitute the debt or indebtedness of the County, the Authority, Escambia County, Florida, the State or any other political subdivision, public agency or municipality thereof within the meaning of any constitutional or statutory prohibition. The Authority has no taxing power. At the time and place fixed for said public hearing all who appear will be given an opportunity to express their views for or against the proposal to approve said Bonds and the plan of finance, including the Project listed above. Prior to said public hearing,written comments may be delivered to County Administrator, Indian River County Administrative Office, 1801 27th Street, Vero Beach, Florida 32960. All persons are advised that, if they decide to appeal any decision made by the County with respect to any matter considered at this meeting,they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. All interested persons are invited to present their comments at the time and place set forth above. Pursuant to the Americans with Disabilities Act,persons needing special accommodation to attend the hearing must contact the County at (772) 226-1223 at least five (5) business days prior to the hearing. Indian River County, Florida August 9, 2020 634 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: August 11, 2020 SUBJECT: Request from Skytop Transportation, Inc. for a Class El Certificate of Public Convenience and Necessity to provide Wheelchair transports originating from Indian River County. It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. Background: Chapter 304 of the Indian River County Code of Ordinance (the "Code") governs certificates of public convenience and necessity in Indian River County for various uses, including wheelchair vehicle services. Per section 304.07 of the Code, after an application has been received by Indian River County,the EMS director makes an investigation and a determination of the public need for the proposed service in the geographical area requested. As part of this investigation, the EMS director contact the medical director,all other service providers in the county,and any municipality in which the applicant desires to provide service. The EMS director also is required to schedule a public hearing before the Board with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing, the Board shall consider the EMS director's recommendation and any input from other service providers,municipalities,or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. 635 In making his recommendation,the EMS director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non-emergency medical transport service. (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the EMS director. Analysis: On May 28, 2020, Skytop Transportation, Inc. submitted an application for Class El Certificate of Public Convenience and Necessity to provide Wheelchair transport service originating within Indian River County. Pursuant to the Code, staff initiated an investigation to be made regarding the application. There are seven (7)other providers who hold a Class El certificate in the County as follows: All County Ambulance American Ambulance ETS Experience Transportation Services iTransit, LLC MCT Express, Inc. Stellar Transport We Care of the Treasure Coast Several attempts were made for all current providers, municipalities, interested groups and the Medical Director to attend an informal meeting for the purpose of receiving information about the proposed service and discuss the need for additional service in the County.None of the providers attended the meeting and none of the providers raised any concerns. Recommendation: Staff recommends that the Board approve and grant a Class "El" COPCN to Skytop Transportation, Inc. for a period of two (2)years. Attachments: 1. Application for Certificate of Public Convenience and Necessity for Skytop Transportation, Inc. 636 "4")-'0 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES c�FN�Y SSP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: SKYTOP TRANSPORTATION, INC I DATE 5/28/20 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. 8 This is a new application; fee is attached. ❑ This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 nBLS T1ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 10 DBLS ❑ALS Agencies that provide non-emergency ambulance inter-facility medical transport at the ALS/BLS level. Class C ® ❑BLS LALS Agencies that provide non-emergency ambulance inter-facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS ❑ALS Agencies that provide non-emergency ambulance medical transports limited to out of county transfers. Class E ® 111Wheelchair L Wheelchair/Stretcher [l Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 ZWheelchair i• i Wheelchair/Stretcher nAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. 637 II. COMPANY DETAILS 1. NAME OF AGENCY: SKYTOP TRANSPORTATION, INC MAILING ADDRESS: 6947 NW DAFFODIL LANE CITY PORT ST. LUCIECOUNTYST. LUCIE ZIP CODE: 34983 BUSINESS PHONE: 772-353-5628 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): CORPORATION 3. MANAGER'S NAME:JORGE MUNOZ ADDRESS: 6947 NW DAFFODIL LN, PSL, FL 34983 PHONE #: 786-372-3836 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION JORGE MUNOZ SAME AS ABOVE PRESIDENT JAVIER SUAREZ 5240 NW NEWARK LANE VICE-PRESIDENT ALMA IRIZAR SAME AS ABOVE EXECUTIVE SECRETARY 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# LINDA MCGINNIS VERO BEACH 321-205-7594 JADELL MENDEZ PORT ST LUCIE 786-355-7132 CHAD COOLEY VERO BEACH 772-563-3443 638 6. FUNDING SOURCE: PRIVATE PAY 7. RATE SCHEDULE ATTACHED? YES NO 0 N/Ac 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB-STATIONS: 6947 NW DAFFODIL LANE, PSL, FL 34983 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: TWO-WAY VOICE COMMUNICATION 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) N/A NON - EMERGENCY SERVICE UTILIZE: CELL PHONES, CAMERAS AND TABLET APP MOUNTED TO EACH VEH. 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION N/A SEE ABOVE 639 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS FOR CLASSES A-D NEED ONLY#'s 4 -9' RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY#'s 6 9 n1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand.and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. n2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. n3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 ❑✓ 4. Copy of Standard Operating Procedures. F7 5. Copy of Medical Protocols. 1 6. Copy of your insurance policy— must show coverage limits— ❑✓ 7. Vehicle Information. For each vehicle provide the following: a.. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A-D classification) Q✓ 8. Personnel Roster. For each employee provide the following: a. Name— Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A-D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. ❑✓ 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges 640 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS? I, (Original application with signatures, the representative of Applicant Name on file at EOC ) , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A-D APPLICANTS' I, ,the representative of Applicant Name , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7-day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. ON FILE AT EOC APPLICANT SIGNATURE DATE Before me personally appeared the said ON FILE AT EOC who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of , 201_. My commission expires: NOTARY PUBLIC 641 8c5 -20 /0 4-,2 F e UrekCo NeWS a rs :l �PART-0FT}-IE USAvTOD1Y-N£TWORK Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION AUG 1 1 2020 INDIAN RIVER COUNTY ATTORNEYS OFFIC COUNTY u'y`,ey `€�s� �"S 1801 27TH ST OFFIC! NOTICE OF PUBLIC HEARING VERO BEACH, FL 32960-3388 NOTICE IS HEREBY GIVEN that STATE OF WISCONSIN the Board of County Commis- sioners of Indian River County, COUNTY OF BROWN Florida, will conduct a Public Hearing to consider the fol- lowing:ned authoritypersonallyappeared, Before the undersigned said AN APPLICATION FOR A legal clerk, who on oath says"that he/she is a legal clerk of the CLASS "Et" CERTIFICATE OF Indian River Press Journal, a daily newspaper published at Vero PUBLIC CONVENIENCE AND Beach in Indian River County, Florida: that the attached copy of NECESSITY , INC, T - PORTATION, INC., TO PRO- advertisement was published in the Indian River Press Journal VIDE WHEELCHAIR, STRETCH- in the following issues below. Affiant further says that the said TRANSPORTATION AMBUSERVLATICESORY , Indian River Press Journal is a newspaper published in Vero AS DEFINED IN AND PUR- Beach in said Indian River County, Florida, and that said INDIA To CHAPTER 304, INDIAN RIVER COUNTY CODE. newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River The g held onPublic TuesdayHearinA , ugwillust 18be, County, Florida, for a period of one year next preceding the first 2020 at 9:05 a.m., or as soon publication of the attached copy of advertisement; and affiant bthereafeheardter as the tee County matter Commay , in - further says that she has neither paid or promised any person, mission Chambers located on firm or corporation any discount, rebate, commission or refund tthhee first floorCounty of Building AAdministrative of for the purpose of securing this advertisement for publication in Complex, 1801 27th Street, the said newspaper. The Indian River Press Journal has been V , Florida , whichero timeBeachinterested32960parties entered as Periodical Matter at the Post Offices in Vero Beach, may be heard with respect to Indian River County, Florida and has been for a period of one the application. year next preceding the first publication of the attached copy of Any proposed documents may advertisement. be ascertained, by the public during regular business hours (8:30 a.m. to 5:00 p.m., Mon- 08/06/2020 day through Friday) at the De- partment of Emergency Serv- ices, located at 4225 43rd Ave- nue, Vero Beach, Florida c....— =1 32967. Anyone who may wish to ap- peal any decision which may Subscribed and sworn to before on August 6,2020: be made at this meeting will need to ensure that a verba- tim record of the proceedings ,5 G7.i"Cz_hit_OY\. -�_TJt_A is made, which includes testi- mony and evidence upon which the appeal is based. Anyone who ea sp accommodationnefords this meet- ecial Notary,State of WI, County of Brown ing must contact the County's Americans With Disabilities TA R A M O N L7 L_O C I i Act(ADA) Coordinator at 772- I 226-1223 at least 48 hours in Notary P b l i c advance of the meeting. State of Wisconsin INDIAN RIVER COUNTY BOARD OF COUNTY COMMIS- SIONERS SUSAN ADAMS,CHAIRMAN Pub:Aug.6,2020 TCN4311685 My commission expires August 6,2021 Publication Cost: $114.57 Ad No:0004311685 Customer No: 1310775 PO#: #of Affidavits 1 ' l — \ 1 ' rn INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION • REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless • additional time is granted by the commission 1 NAME OF INDIVIDUAL OR Steven Hellyer for Treasure Coast Community Health ORGANIZATION: I ADDRESS: 1555 indian river blvd PHONE: 772-257-8224 SUBJECT MATTER FOR DISCUSSION: TCCH/IRC REC DEPT COVID-19 Testing , IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? YES x NO IS THIS AN APPEAL OF A DECISION YES x NO WHAT RESOLUTION ARE YOU Just an update and words of appreciation or the collaboration with REQUESTING OF THE COMMISSION? IRC Rec dept and staff ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES x NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form COUNTY ADMINISTRATOR: Jason E.Brown E-Mail Hand Delivered MEETING DATE: 8/18/2020 Phone F:\Cowry Admin\ExecAsst\AGENDA\Public Discussion Items Formdoc 642 /0C,.i MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold -County Attorney DATE: August 10, 2020 RE: Public Notice of Public Hearing Scheduled for September 15, 2020 to Consider the Adoption of an Ordinance with regard to Face Covering Requirements The Board of County Commissioners will hold a Public Hearing on Tuesday, September 15, 2020, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street,Vero Beach, Florida 32960. /nhm 643 Ifo -�wER Office of the INDIAN RIVER COUNTY *,�LoRI�� ADMINISTRATOR Jason E.Brown,County Administrator Michael C.Zito,Assistant County Administrator MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: Michael Zito,Assistant County Administrator DATE: August 10,2020 SUBJECT: Collective Bargaining Agreement between Indian River County and Teamsters, Local Union 769—FY 20/21 General Wage Increase The collective bargaining agreement between Indian River County and the Teamsters Local Union No. 769 provides for a wage reopener to negotiate a general wage adjustment in the second year ' of the agreement(FY2020/2021). The parties met and negotiated a wage adjustment for FY 2020/2021. Tentative agreement was reached on July 21, 2020 to provide a 3% general wage increase effective the first full pay period in October. This wage adjustment would increase the minimum and maximum of the pay plan for each position represented by the Teamsters. The proposed agreement was submitted to the Teamsters membership and ratified by the Union on August 4, 2020. The 3% wage increase is being presented to the Board of County Commissioners for approval. A 3% general wage increase would also be provided to eligible non-union employees the first full pay period in October 2020. The wage adjustment would increase the minimum and maximum of the pay plan for each non-union position. FUNDING: Funds are budgeted and available in the FY20/21 budget to provide for the recommended wage increase. RECOMMENDATION: Staff respectfully recommends approval of 3% general wage increase for employees represented by the Teamsters Local Union No. 769 and for non-union employees effective the first full pay period in October 2020 and requests the Board authorize Chairman to sign the amendment to Article 33— Wages of the collective bargaining agreement providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 33—Wages of the Agreement between Indian River County and the Teamsters Local Union No. 769 and Exhibit A. 644 FIRST AMENDMENT TO OCTOBER 1,2019 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the"County",and the TEAMSTERS UNION LOCAL NO.769, hereinafter referred to as the"Union". WHEREAS,effective October 1, 2019,the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2019 through and including September 30, 2022;and, WHEREAS, Article 33, Wages, provides for bargaining unit employees to receive general wage increases, anniversary increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW,THEREFORE, in consideration of the mutual promises contained herein,the parties agree to amend the Agreement as follows: 1. Article 33,Wages,shall be amended as set forth in Exhibit"A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY TEAMSTERS UNION LOCAL NO. 769 BOARD OF COUNTY COMMISSIONERS By By Susan Adams,Chairman Steve Myers,Jr., Business Representative Date Ratified by the Union on the day of August 2020 Attest: Jason E. Brown,County Administrator Jeffrey R. Smith Clerk of the Court and Approved as to form and legal sufficiency: Comptroller By: Deputy Clerk Dylan T. Reingold, County Attorney 645 ARTICLE 33 WAGES 33.1 For fiscal years, FY 2019/2020, 2020/2021, and 2021/22 employees will receive a 2.5% anniversary increase, or the same increase as non-union employees under the County Administrator's purview if greater than 2.5%, not to exceed the top of the employee's pay range. Bargaining unit employees who are topped out in their pay range shall receive a lump sum anniversary amount in the amount of $1200 for FY2019/2020, 2020/2021, and 2021/2022 (prorated for part-time employees), or the same amount as non-union employees under the County Administrator's purview if greater than the stated amounts not added to their base upon successful evaluation. Employees within the established lump sum payment amount (prorated for part-timers) of the maximum of the range shall receive an increase in base pay up to the maximum of the range and shall receive the difference between that amount and the established lump sum payment in a lump sum payment. Any anniversary increases or lump sum increases after the expiration of this Agreement shall be subject to collective bargaining. 33.2 For fiscal year 2019/2020, bargaining unit employees will receive a 3% general wage increase effective the first full pay period in October 2019, or the same general wage increase as employees under the County Administrator's purview for fiscal year 2019/2020 if greater than 3%. For fiscal year 2020/2021, bargaining unit employees will receive a 3% general wage increase effective the first full pay period in October 2020, or the same general wage increase as employees under the County Administrator's purview for fiscal year 2020/2021 if greater than 3% . For fiscal year 2021/2022, the parties mutually agree to reopen this section and collectively bargain future general wage increases. Any general wage increases after the expiration of this agreement shall be subject to collective bargaining. 33.3 For the life of this Agreement the promotion probation pay increase shall be 5%. 33.4 Full-time employees who actually work established full-time shifts(8 hours, 10 hours, etc.) that start at or after 1:00 p.m. or before 4:oo a.m. will be eligible for shift differential at a rate of 5% of the regular hourly rate for the shift worked. Any shift beginning between 4:oo a.m. and i:oo p.m. is excluded. Shift differential is automatically added to the regular hourly rate for the purpose of computing overtime pay. Any employees receiving shift differential,whose established shift is outside the stated guidelines,will no longer receive it. 33.5 For the life of this Agreement, if the County identifies a bonifide recruitment and retention issue for a bargaining unit position, the parties may meet to discuss and present practical solutions to address the concern. Nothing herein is intended to expand the rights and privileges extended to the Union pursuant to Article 33.2 of this 646 Agreement with respect to wage reopening and collective bargaining process for FY 2020/2021, and FY2021/2022. 33.6 The parties agree to upgrade the below classifications effective October 11, 2019. Employees in these classifications shall receive a 2%wage increase or the minimum of the new pay grade whichever is greater effective October 11, 2019 after the FY2o19/2o2o general wage increase is provided. The increase will not affect the employees'anniversary date for anniversary pay increases. Electrician-from L16 to L17 Lift Station Mechanic-from L14 to L15 Plant Mechanic-from L14 to L15 Signal Technician I -from L10 to L12 • 647 IQ. NvERc , .. oo Office of the RI� 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: August 5, 2020 SUBJECT: Recommended IRC Code of Ordinance Changes Please find attached draft amendments to Indian River County Code sections 102.01 and 102.04,which outline procedures for Board of County Commission meetings and agendas. The following changes are recommended: 102.01: Add reference to the web-based system, Granicus, which is now used to generate agendas; previously the process was only paper-based. ' 102.04: Md"A moment of silent reflection"to the opening of the meeting. Add the new department, "Information Technology." Remove "Human Services," "Sandridge Golf Course," and "Recreation" from the ordinance and from the agenda. These divisions do fall under General Services, but it.is not necessary for each to hold a section on the agenda. RECOMMENDATION Approve the recommended changes and request the County Attorney to draft an ordinance to bring back to the BCC for approval. • 648 • • ,Section 102.01.-Board of county commissioners meetings and procedures. 1. Time. The county commission shall generally hold regular meetings on Tuesday beginning at 9:00 a.m.There shall be no commission meeting on the last Tuesday of each month. . _. __ Formatted:Strikethrough 2. Place. All meetings of the commission shall be held in the Commission Chambers, County Administration Building A, 1801 27th Street, Vero Beach, Florida, unless otherwise decided by the commission. 3. Quorum.A majority of the commission shall constitute a quorum. .4. Agenda.All matters to be placed on the agenda for a regular meeting shall be delivered uploaded to Formatted:Strikethrough Granicus, allowing for approval chain to reach the county administrator-on or before noon of the Wednesday before the commission meeting at which the matter is to be heard. The county administrator shall then compile an agenda kit arranged according to the order of business and furnish each member of the commission,and the county attorney with a kit on or before Friday noon preceding the commission meeting. An agenda kit shall be kept for inspection by the public. Electronically,the agenda shall be emailed to the public and posted on www.ircgov.com.Once the agenda kits have been distributed no additional matters shall be presented to the county commission except with the unanimous approval of the commission. 5. Special meetings. Special meetings may be held at the call of the chairman, or, in his absence, at ' the call of the vice chairman,or at the request of a majority of the commissioners; and, whenever practicable,shall provide for not less than twelve(12)hours notice to each member and the public. • (Ord.No.90-19,§1,9-18-90;Ord.No.2000-002,§ 1,2-1-00;Ord.No.2004-023,7-20-04; Ord.No.2005-026,§ 1,8-16-05;Memo of 11-22-13;Ord.No.2014-005,§2,4-1-14) • • 649 Section 102.04.-Order of business. The order of business shall appear on the agenda as follows: 1. Call to order. 2.a—Moment of Silent Reflection Iavesation- 2.b. Invocation. 3. Pledge of Allegiance. 4. Additions or deletions to the agenda/emergency items. 5. Proclamations and presentations. 6. Approval of minutes. 7. Information items from staff or commissioners not requiring board action. 8. Consent agenda. 9. Constitutional officers and governmental agencies. 10. Public items: a. Public hearings; b. Public discussion items -- - - _ - -••. •- ••••-- - —�Formatted:Strikethrough • ou h c. Public notice items. 11. County aAdministrator matters. 12. Departmental matters: a. Community 4Development; b. Emergency sServices; • c. General sServices: Formatted:Strikethrough (.4) - --- l Commented[TC1]:Eliminate division of General d. Human;Resources; Services on the Agenda.This will match the other departments. e. Information Technoloqv Formatted:Strikethrough el. Office of a+Management and bBudget; tg. Public wWorks; gh. Utilities sServices. 13. County aAttorney matters. 14. Commissioners matters. 15. Special districts and boards. a. Emergency Services District; b. Solid Waste Disposal District; c. Environmental Control Board. 16. Adjournment. 650 (Ord.No.90-19,§ 1,9-18-90;Ord.No.94-32,§ I,11-22-94;Ord.No.97-20,§ 1,6-17-97;Ord. 'No.2000-002,§2,2-1-00;Ord.No.2003-020,§ 1,7-8-03;Ord.No.2008-006,§ 1,3-11-08; Ord.No.2014-005,§3,4-1-14) 651 o Office of the '.lt `, INDIAN RIVER COUNTY PtOADMINISTRATOR 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: August 11, 2020 SUBJECT: CARES Act Spending Plan Revisions and Updates BACKGROUND: On July 14th, the Board of County Commissioners approved the initial CARES Act Spending Plan for the 25% allocation received by Indian River County. This item provides additional details regarding County staff's actions pursuant to Board direction while providing an update on recommended revisions to the initial plan. ANALYSIS: The table below details the initial spending plan for the$6,976,333 allocation. Preliminary Preliminary Funding Funding Type of Expense Percentage Amount Municipalities 27.1% $1,900,000 COVID-19 Response: Constitutional Officers 12.9% $900,000 BCC Expenses 20.0% $1,400,000 Health Department 7.1% $500,000 Other Healthcare Providers 2.9% $200,000 State Agencies 1.4% $100,000 652 Community Assistance: Economic Development 7.1% $500,000 Community Support 21.5% $1,500,000 Total 100% $7,000,000 Municipalities The Board approved an initial allocation to municipalities as detailed in the table below (approximately 27%, or $1,900,000) based upon the formula used by the State to allocate sales tax revenues. The County has entered into grant agreements with each municipality, and approved their spending plans for CARES Act dollars. The Town of Indian River Shores has indicated that they anticipate CARES Act expenses will not exceed $40,000 and have executed an agreement for that amount. This leaves an additional $117,916 available for reallocation to other areas of need. The new allocations will be detailed in the appropriate section below. , Constitutional Officers The Board approved an initial allocation of $900,000(13%) to the Constitutional Officers for COVID-19 related expenses through September 30th, 2020. This category does not require the execution of subrecipient agreements, as the Constitutional Officers are part of the County's financial operations. Any necessary allocations to Constitutional Officers will be made via budget amendments as necessary. Since the initial allocation,the Sheriff and the Clerk of the Court have identified additional expenses of$162,370. Additional expenses are anticipated after September 30th and will be addressed in the future(75%) allocation. Health Department ' County staff has worked with the Health Department to execute a CARES Act agreement to provide $400,000 for COVID-19 related expenses. This is less than the initial allocation ($500,000) as the Health Department did receive some additional funding from the State for a portion of their COVID-19 related costs, which was anticipated but not certain at the time of the July 14th meeting. This funding will be utilized for Testing, Contact Tracers, Health Educators, and Information Clerks. Other Healthcare Providers ' An allocation of $200,000 was approved for similar healthcare expenses associated with COVID-19 such as COVID-19 testing, serological testing, PPE, etc. provided by other local healthcare organizations. Cleveland Clinic was allocated $100,000 of this funding to provide ' additional rapid testing for first responders and essential infrastructure workers. Staff is recommending that the County allocate the remaining $100,000 to Treasure Coast Community Health (TCCH) for community testing needs. 653 State Agencies The plan includes an allocation of$100,000 for State Agencies. Staff has coordinated with the various agencies to identify their COVID-19 related expenses that may be eligible for CARES Act dollars. The Court System primarily has identified the need for PPE supplies in their response. The Medical Examiner is requesting approximately $5,000 to fund a temporary staff position to assist in processing paperwork associated with COVID-19 patients. Any such allocations will be accomplished via budget amendment. Community Assistance The Board approved an allocation of$2,000,000 or approximately 28.6%of the initial allocation towards programs benefiting the local community and small businesses. Economic Development The Board approved an allocation of$500,000 out of the total $2 million from the Community Assistance Category to Economic Development. Staff proposes to allocate these funds as • detailed below. • Small Business COVID-19 Recovery Grant- County staff has worked with the Small Business Development Center (SBDC) at IRSC to implement this program to provide one-time grants of up to $5,000 to qualifying small businesses (no more than 25 full time equivalent positions) that serve the hospitality industry, tourism and travel. Businesses must be locally or independently owned, occupy commercial space in Indian River County, along with other minimum requirements. One minor change is the allowance of qualified home based businesses (e.g. wedding photographer), which was not included in the initial proposal. The City of Vero Beach has also allocated $120,000 to this same program to supplement the County allocation. The City of Sebastian has implemented a separate small business assistance program. We have excluded businesses that have received a grant from an Indian River County municipality. Sebastian has also limited their program to disallow for any "double dipping", and we are sharing approved applicants on a periodic basis to prevent a business from receiving both grants. • o COVID-19 Workforce Development Program —Funding was initially provided to Career Source Research Coast for an On the Job Training Program, Layoff Aversion/Rapid Response Program, and Layoff Aversion/Incumbent Worker Training Program in the total amount of $250,000. Due to challenges implementing this program, County staff is coordinating with other partner agencies to assist small businesses and workers through a similar program. Once details are worked out, this will be submitted to the Board for approval at a future meeting. Community Support The Board has approved an allocation of $1.5 million for general community support to help residents negatively impacted economically by COVID-19. Staff has worked with the various agencies to implement the proposed programs as detailed below: 654 • United Way (UWIRC) Funding Allocation - $975,000 total to be utilized primarily for programs detailed below. Due to restrictions regarding United Way's use of other contribution funds, they are unable to provide these services on a reimbursement basis. Staff has agreed to provide an initial allocation of 25% that would be supported by documented costs prior to release of additional funds. Please see a copy of the revised agreement attached. o Expenses to provide mental health service support for residents impacted by COVID-19, particularly telemedicine, cost of mental health visits, cost of behavioral health prescriptions, etc. o Support for broadband and other technology needs to assist with distance learning and teleworking particularly in rural areas (e.g. Fellsmere) for families and nonprofits. o Other programs as detailed in the Schedule A (attached) to this item including; rental and mortgage assistance, special supports for children and veterans, childcare scholarships for those returning to work. • Food Support—Allocation of$400,000 to the Treasure Coast Food Bank to serve as the coordinating agency for food support to residents impacted by COVID-19. The County has executed an agreement with the Treasure Coast Food Bank to provide this support. • Senior Resource Association (SRA) — Allocation of $125,000 to provide support for food delivery service to residents, including senior citizens and other vulnerable populations through existing programs such as meals on wheels and the grocery shopping assistance program implemented for COVID-19. The County has executed an agreement with SRA to provide these services. • PPE and Supply Distribution — County staff has been working to provide COVID- 19 supplies for local businesses and County residents through our nonprofit partners. An allocation of$75,000 has been made to provide supplies such as; cloth and surgical masks, hand sanitizer,gloves,signage and cleaning supplies throughout the County. Staff plans to begin distribution at various sites during the week of August 17th. Summary The adjustments as detailed above are shown in the revised spending plan below. It is important I to note that there may be a need to make future adjustments as well. Any such changes will be presented to the Board of County Commissioners at a future meeting. Preliminary Revised Funding Funding Type of Expense Amount Amount Change Municipalities $1,917,912 $1,799,996 ($117,916) COVID-19 Response: Constitutional Officers $900,000 $1,000,000 $100,000 BCC Expenses $1,400,000 $1,401,337 $1,337 Health Department $500,000 $400,000 ($100,000) Other Healthcare Providers $200,000 $200,000 $0 655 State Agencies $100,000 $100,000 $0 Community Assistance: Economic Development $500,000 $500,000 $0 Community Support $1,500,000 $1,575,000 $75,000 Total $7,017,912 $6,976,333 ($41,579) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the revisions to the CARES Act Allocations as discussed in this item and as specifically detailed below: • Approve the revised spending plan shown in the table above. • Ratify the agreement(attached)with the United Way of Indian River County. • Approve the allocation of$100,000 to TCCH and authorize the Chair to execute a sub- recipient agreement. • Approve the PPE and Supply Distribution along with the allocation of$75,000 for the purchase of supplies. • 656 INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida, 32960 (hereinafter referred to as the"Recipient"), and United Way of Indian River County, Inc. a Florida not-for-profit corporation, whose .address is 1836 14th Ave., Vero Beach, FL 32960(hereinafter referred to as the"Subrecipient"). This agreement is entered into based on the following representations: A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the purposes identified herein; and B. The Recipient has received these funds from the State of Florida,.who received those funds from the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient. upon the terms and conditions below;and C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund (CRF)and provided Florida with$8,328,221,072;55%of which was allocated to the State of Florida and 45%was allocated to counties. D. The United States Department of the Treasury disbursed$2,472,413,692 of these funds directly to counties with a population in excess of 500,000. E. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local government allocation, for the State to disburse to counties with populations less than 500,000. F. Per the Recipient's agreement with the State of Florida, counties should provide funding to municipalities within their jurisdiction upon request for eligible expenditures under the CARES Act, however, counties are responsible for r the repayment of funds for expenditures that the Federal government determines are ineligible under the CARES Act. Therefore, the Recipient and the Subrecipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards." b. As required by section 215.971(1), Florida Statutes, this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the • Recipient is required to perform, Attachment A. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Recipient before payment or reimbursement. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Subrecipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Subrecipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. v. A.provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Recipient. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Recipient. c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment B. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (2) CONTACT a. The Recipient's Program Manager will be responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Recipient's liaison with the Subrecipient. As part of his/her duties, the Program Manager for the Recipient will monitor and document Subrecipient performance. 657 b. The Recipient's Program Manager and Representative for this Agreement is: Kristin Daniels.CGFO Director-Office of Management& Budget Indian River County Phone. 772-226-1214 e-mail kdanielsAircgov.com c. In the event that a different representative or representatives or addresses are designated by Recipientafter execution of this Agreement, notice of the name, title. and address of the new representative will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be takenas an original. (5) MODIFICATION This agreement may not be modified. (6) PERIOD OF AGREEMENT This Agreement shall be effective on March 1.2020 and shall end on December 30, 2Q2Q, unless terminated earlier in accordance with the provisions of Paragraph (15)TERMINATION. In accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during the specific agreement period." (7) FUNDING a. The Recipient's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes and the Florida Constitution. b. This is a modified reimbursement agreement. The State will make an initial disbursement to the Recipient of 25% of the total amount allocated to the Recipient according to the United States Department of the Treasury.Any additional amounts will be disbursed on a reimbursement basis. c. Subrecipients may use payments for any expenses eligible under section 601(d) of the Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US Treasury Guidance. Payments are not required to be used as the source of funding of last resort. d. The Recipient's Program Manager shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Subrecipient. e. For the purposes of this Agreement, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. f. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. g. Reserved. h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used to cover expenses that— i. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease,2019 (COVID-19); ii. were not accounted for in the budget most recently approved as of March 27,2658 (the date of enactment of the CARES Act)for the State or government; and iii. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Funds transferred to Subrecipient must, qualify as a necessary expenditure incurred due to the public health emergency and meet the other criteria of section 601(d) of the Social Security Act. Such funds would be subject to recoupment by the Treasury Department if the funds have not been used in a manner consistent with section 601(d) of the Social Security Act. i. Examples of Eligible Expenses include, but are not limited to: i. Medical expenses ii. Public health expenses iii. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency. iv. Expenses of actions to facilitate compliance with COVID-19 related public health measures. v. Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency. vi. Any other COVID-19 related expenses reasonably necessary to the function of government that satisfy the fund's'eligibility criteria. (8) INVOICING a. In order to obtain reimbursement for expenditures, in excess of the initial 25% disbursement from the State of Florida to Recipient, the Subrecipient must file with the Recipient Grant Manager its request for reimbursement and any other information required to justify and support the payment request. Payment requests must include a certification, signed by an official who is authorized to legally bind the Subrecipient, which reads as follows: By signing this report,.I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). b. Reimbursements will only be made for expenditures that the Recipient provisionally determines are eligible under the CARES Act. However,the Recipient's provisional determination that an expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for any expenditures that are later determined by the Recipient,the State of Florida or the Federal government to be ineligible. (9) RECORDS a. As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6)(c)and 215.97(5)(b), Florida Statutes, the Recipient,the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Subrecipient which are pertinent to this Agreement, in order to make audits,examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Subrecipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Subrecipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-managementlgeneral-records- schedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provi gg the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424, • publicrecords W.ircQOv.com, Indian River County Office of the County Attorney, 1801 27th Street, Vero Beach, FL 32960 (10)AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Subrecipient's performance under this Agreement, the Recipient must use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of and strict compliance with this Agreement, the Subrecipient will be held liable for reimbursement to the Recipient of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty(30)days after the Recipient has notified the Subrecipient of such non-compliance. d. The Subrecipient must have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter473."The independent auditor must state that the audit complied with the applicable provisions noted above. The audits must be received by the Recipient no later than nine months from the end of the Subrecipient's fiscal year. e. The Subrecipient must send copies of reporting packages required under this paragraph directly to each of the Program Manager. f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act and the related provisions of the Uniform Guidance. (11)REPORTS a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report. These reports must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the Recipient. b. Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter of the program year and must be sent each quarter until submission of the administra6,60 close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30, 2020. c. The close-out report is due sixty (60) days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement,whichever occurs first. d. If all required reports and copies are not sent to the Recipient or are not completed in a manner acceptable to the Recipient, the Recipient may withhold further payments until they are completed or may take other action as stated in Paragraph (15) REMEDIES. "Acceptable to theRecipient"p ecipient means that the work product was completed in accordance with the Budget and Scope of Work. e. The Subrecipient must provide additional program updates or information that may be required by the Recipient. (12)MONITORING In addition to reviews of audits conducted in accordance with paragraph(10)AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Recipient staff, limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Recipient. In the event that the Recipient determines that a limited scope audit of the Subrecipient is appropriate, the Subrecipient agrees to comply with any additional instructions provided by the Recipient to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the. Recipient will monitor the performance and financial management by the Subrecipient throughout the period of agreement to ensure timely completion of all tasks. (13)LIABILITY Any Subrecipient which is a state agency or subdivision, as defined in section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Recipient, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity applies. Nothing herein will be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. (14)DEFAULT a. If any of the following events occur("Events of Default"), all obligations on the part of the Recipient to make further payment of funds will, if the Recipient elects, terminate and the Recipient has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Recipient may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment. b. If any warranty or representation made by the Subrecipient in this Agreement or any previous agreement with the Recipient is or becomes false or misleading in any respect, or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Recipient and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement. c. If material adverse changes occur in the financial condition of the Subrecipient at any time during the period of agreement, and the Subrecipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Recipient. d. If any reports required by this Agreement have not been submitted to the Recipient or have been submitted with incorrect, incomplete or insufficient information; e. If the Subrecipient has failed to perform and complete on time any of its obligations under this Agreement. (15) REMEDIES 661 If an Event of Default occurs, then the Recipient may, after thirty(30)calendar days written notice to the the Subrecipient and upon p t e Subrecipient's failure to cure within those thirty(30)days,exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Subrecipient is given at least thirty(30)days prior written notice of the termination. The notice shall be effective when placed in the United States,first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address in paragraph (2)CONTACT herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Subrecipient refund to the Recipient any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: i. request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question, or iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred for any items determined to be ineligible, or f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Recipient from pursuing any other remedies in this Agreement or provided at law or in equity. If the Recipient waives any right or remedy in this Agreement or fails to insist on strict performance by the Subrecipient, it will not affect,extend or waive any other right or remedy of the Recipient,or affect the later exercise of the same right or remedy by the Recipient for any other default by the Subrecipient. (16)TERMINATION a. The Recipient may terminate this Agreement for cause after thirty(30)days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time,andrefusal by the Subrecipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Recipient of Emergency Management Statutes, as amended. b. The Recipient may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Subrecipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations for the terminated portion of this Agreement after they have received the notification of termination. The Subrecipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient will not be relieved of liability to the Recipient because of any breach of this Agreement by the Subrecipient.The Recipient may,to the extent authorized by law,withhold payments to the Subrecipient for the purpose of set-off until the exact amount of damages due the Recipient from the Subrecipient is determined. (17)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments will control, but only to the extent of the conflict or inconsistency. (18) PAYMENTS a. The Recipient will make a total disbursement to Subrecipient of up to$975,000,which spg, be made in four separate disbursements of $243,750. Recipient will make an ini i disbursement of $243,750 to Subrecipient within 14 days of the final execution of this Agreement. In order to receive.additional disbursements, the Subrecipient must file.with the Recipient Grant Manager its request forreimbursement along with documentation that the disbursement had been fully spent and how the disbursement was used. Upon verification and approval by Recipient,the next disbursement will be made to Subrecipient. (19)REPAYMENTS a. All refunds, return of improper payments, or repayments due to the Recipient under this Agreement are to be made payable to the order of "Indian River County," and mailed directly to the following address: 1801 27th Street Vero Beach, Florida 32960 b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (20)MANDATED CONDITIONS AND OTHER LAWS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a Recipient request, or in any submission or response to fulfill the requirements of this Agreement.All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes will, at the option of the Recipient and with thirty(30) days written notice to the Subrecipient, cause the termination of this Agreement and the release of the Recipient from all its obligations to the Subrecipient. b. This Agreement must be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement will be in the Circuit Court of Indian River County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision is null and void to the extent of the conflict, and is severable, but does not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Recipient under the terms of this Agreement will survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of thirty-six(36). months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. g. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. h. All bills for fees or other compensation for services or expenses shall be submitted in detail 1 sufficient for a proper pre-audit and post-audit thereof. i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida Statutes. j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient refuses to allow public access to all documents, papers, letters or other material subject 9g the provisions of Chapter 119, Florida Statutes,which the Subrecipient created or receiA143 under this Agreement. ( k. If the Subrecipient is allowed to temporarily invest any advances of funds under this Agreement, they must use the interest earned or other proceeds of these investments only to cover expenditures incurred in accordance with section 601(d)of the Social Security Act and the Guidance on eligible expenses. If a government deposits CRF payments in a government's general account, it may use those funds to meet immediate cash management needs provided that the full amount of the payment is used to cover necessary expenditures. Fund payments are not subject to the Cash Management Improvement Act of 1.990, as amended. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA')]. The Recipient shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment provisions contained in Section 274A(e) of the INA will be grounds for unilateral cancellation of this Agreement by the Recipient. I. The Subrecipient is subject to Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes)with respect to the meetings of the Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. All of these meetings must be publicly noticed, open to the public, and the minutes of all the meetings will be public records, available to the public in accordance with Chapter 119, Florida Statutes. m. All expenditures of state or federal financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. n. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. o. Any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the. Recipient. p. If the purchase of the asset was consistent with the limitations on the eligible use of funds provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset. If such assets are disposed of prior to December 30, 2020, the proceeds would be subject to the restrictions on the eligible use of payments from the Fund provided by section 601(d) of the Social Security Act. (21)LOBBYING PROHIBTION a. Section 216,347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." b. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." e. No funds or other resources received from the Recipient under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. i. The Subrecipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 644 awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. (25)COPELAND ANTI-KICKBACK ACT a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontraVs5 with all of these contract clauses. extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Subrecipient must complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities." iv. The Subrecipient must require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Subrecipient s shall certify and disclose. v. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. (22)LEGAL AUTHORIZATION The Subrecipient certifies that it has the legal authority to receive, the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. (23)ASSURANCES The Subrecipient must comply with any Statement of Assurances incorporated as Attachment C. (24) EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex,sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employe l6 applicant or another employee or applicant. This provision shall not apptr instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's iii. Breach.A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (26)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (27)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: i. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (28)SUSPENSION AND DEBARMENT a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Recipient. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (29)BYRD ANTI-LOBBYING AMENDMENT } a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: i. Byrd Anti-Lobbying Amendment, 31 U.S.C.§ 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not us-. Federal appropriated funds to pay any person or organization for influencin•'•' attempting to influence an officer or employee of any agency, a member of 3 Congress, officer or employee of Congress, or an employee of a member of Congress in connection with o i gobtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Subrecipient. (30)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; v. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Subrecipient must take; the requirements do not preclude the Subrecipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Subrecipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (31)SCOPE OF WORK. The Sub recipient shall perform the tasks as identified and set forth in the Scope of Work, which is Attachment A. 668 IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date first written above. SUBRECIPIENT NAME: (..3‘1Z CC'�" U--- 4 bC- ZC-, \---•-"-:_cs:Caz.-0 ..;*./"L. Signature of Authorized Officer MW -k J L- \2T C Authorized Officer(Print Name and Title) Date N.0.&-.45\ 2-Q2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Date approved: July 14. 2020 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk App . -. Jason . F. n County •. 'inistrator Approved as to form and leo al sufficiency: t 9, an Reingold County Attorney 669 IN WITNESS WHEREOF the parties hereto have executed this Extension as of the date first written above. SUBRECIPIENT NAME:LX - l CC 17 1-$341 O �C Signature of Authorized Officer J� � 4 C—Et Authorized Officer(Print.Name and Title) Date V.S 2-62.4) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Date approved: July 14, 2020 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Appr. -. vid Jason ..Br.wn Count Ad- inistrator Approved as to form and legal sufficiency: ylargold County Attorney 670 P.O.Box 1960 Attachment A Vero Beach.FL 32961.1960 LIVE UNITED tel:772.567.8900 UnitedWaylRC.org United t VoIunteerIndianRiverCountv.or s Way 4b,' August 7,2020 united way Center United Way of 1836 24th Avenue Vero Beach,FL 32960 Indian River County TO: Jason Brown, Administrator Indian River County FROM: Michael Kint, CEO United Way of IRC RE: REVISION 2 Schedule A—UWIRC CARES Act Agreement Should United Way become a sub-grantee to manage a portion of the CARES Act funds to the community,the following are areas of need that could receive funding. Each area of funding would be associated with a need that has arisen as a direct result of COVID-19. • Broadband and other technology needs for families and nonprofits to provide and enhance distance learning&teleworking(e.g.—families with multiple children need multiple devices for schooling,nonprofits&volunteers mentoring children,etc.) • Mental Health needs are beginning to skyrocket. Areas of need include: expanding& enhancing telemedicine, cost of mental health visits, additions of mental health professionals,costs of behavioral health prescriptions, etc. • Legal assistance to renters and homeowners about to be displaced by landlords and financial institutions. • Upgrading and retrofitting facilities to more fully prevent the spread of COVID-19. Since mid-March,United Way's COVID-19 Community Response Fund has focused its funding in the following most critical areas(not an all-inclusive list). CARES Act funds will be used for these critical needs when our COVID-19 Fund monies are exhausted. • Food Supports(food banks&pantries, food delivery to seniors, emergency Meals on Wheels,food for the homeless and other food insecure populations,etc.) • Rental & mortgage assistance • Utility assistance • Special supports for children • Special supports for veterans • Child Care Scholarships for up to 2 months for those returning to work (150%to 300% of poverty) . United Way will receive a 3%administrative fee for managing these CARES Act funds. NOTE: UWIRC would utilize an Unmet Needs Committee structure to research and prioritize needs, be part of the decision making process and review reports from those receiving CARES Act funding. • 671 Attachment B PROGRAM STATUTES AND REGULATIONS 42 USC 601(d)..CARES Act Creation of the Coronavirus,Relief:Fund(CRE) Section 215.422,Florida Statutes Payments, warrants, and invoices; processing time limits; dispute limitation;agency or judicial branch compliance Section 21.5.971, Florida Statutes Agreements funded with federal and state assistance Section 216.347,Florida Statutes Disbursement of grant and aids appropriations for lobbying prohibited CFO MEMORANDUM NO. 04 (2005-06) Compliance Requirements for Agreements 19 672 Attachment•C Intentionally Left Blank 673 Attachment A As a Federally Qualified Health Center, Treasure Coast Community Health (TCCH) is qualified to provide safe medical primary care to all people who have been impacted by the public health emergency of COVID-19 in 2020. TCCH will provide the following services related to Covid-19 testing and treatment: • PCR Testing (the "Gold Standard" in testing), using nasal swabs o In conjunction with LabCorp or Quest Laboratories o Utilizing drive through locations (according to volume of patients/supplies) or o At one of their 7 medical sites (located in Fellsmere, Sebastian, Gifford, United Against Poverty, 787 37th Street, Central Vero or Oslo Road) o For all ages, races and ethnicities regardless of symptoms o Positive results reported to Florida Department of Health and person tested • Rapid (Screening)Testing o Upon availability of equipment and testing supplies • Antibody Testing o Blood test; will be drawn at TCCH Medical sites and processed through LabCorp or Quest laboratories, and reported by TCCH. • Vaccinations o Upon approval from the Food & Drug Administration, and subsequent availability o Will likely necessitate a medical on-site visit for administration. • Clinical evaluations by Physicians/APRNs of individuals with Covid symptoms o Mitigation of symptoms and monitoring of concurrent health issues - IS 2v l). C . Attachment A As a Federally Qualified Health Center, Treasure Coast Community Health (TCCH) is qualified to provide safe medical primary care to all people who have been impacted by the public health emergency of COVID-19 in 2020. TCCH will provide the following services related to Covid-19 testing and treatment: • PCR Testing (the "Gold Standard" in testing), using nasal swabs o In conjunction with LabCorp or Quest Laboratories o Utilizing drive through locations (according to volume of patients/supplies) or o At one of their 7 medical sites (located in Fellsmere, Sebastian, Gifford, United Against Poverty, 787 37th Street, Central Vero or Oslo Road) o For all ages, races and ethnicities regardless of symptoms o Positive results reported to Florida Department of Health and person tested • Rapid (Screening)Testing o Upon availability of equipment and testing supplies • Antibody Testing o Blood test; will be drawn at TCCH Medical sites and processed through LabCorp or Quest laboratories, and reported by TCCH. • Vaccinations o Upon approval from the Food & Drug Administration, and subsequent availability o Will likely necessitate a medical on-site visit for administration. • Clinical evaluations by Physicians/APRNs of individuals with Covid symptoms o Mitigation of symptoms and monitoring of concurrent health issues 1/131— A) vavER c, o, ,-k°� Office of the a y. zI I , INDIAN RIVER COUNTYoR�o� ADMINISTRATOR Jason E.Brown,County Administrator Michael C.Zito,Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Brian Sullivan Legislative Affairs & Communications Manager DATE: August 18, 2020 SUBJECT: Resolution in Support of the Pedestrian Safety Study Act Introduced by Congressmen Posey and Mast BACKGROUND All Aboard Florida/Brightline/Virgin Trains ("Brightline") intends to operate a higher speed passenger rail system from Miami to Orlando International Airport by way of the Florida East Coast Railway corridor. The Brightline higher speed passenger rail system will bring multiple passenger trains through populated areas of Indian River County,including Vero Beach,Sebastian, and the communities of Gifford, Wabsasso, and Winter Beach, each day, at maximum speed of 110 miles per hour. Indian River County has significant safety concerns about Brightline trains traversing at such high speeds along an open railroad corridor and across 31 highway-railroad grade crossings. Between 2018 and 2020, there have been 50 pedestrian deaths and 74 total deaths involving all rail operations on the shared Florida East Coast Railway corridor. During the same timeframe, there have been 25 pedestrian deaths and 43 total deaths on the corridor involving only Brightline higher-speed passenger rail operations. In July of 2020,United States Congressmen Bill Posey(R-FL) and Brian Mast(R-FL) introduced the Pedestrian Safety Study Act("the Act"). The Act directs the Federal Railroad Administration (FRA) and the Federal Highway Administration (FHWA)to study motorist and pedestrian safety along the proposed Brightline corridor. If passed by the United States House of Representatives and United States Senate and signed into law by the President,the Act would require the FRA and 674 FHWA to complete the study and provide a report to the United States House of Representatives, the United States Senate,and the Florida Department of Transportation(FDOT)within two years. In July of 2020, during consideration of House Resolution 76167, the Fiscal Year 2021 Appropriations Act,Congressmen Posey and Mast offered an amendment to include the Act within the larger piece of legislation. The Act was amended onto House Resolution 76167 with bipartisan support and House Resolution 76167 ultimately passed the United States House of Representatives. At this time, the United States Senate has neither taken up House Resolution 76167 or its own version of a Fiscal Year 2021 Appropriations Act. FUNDING N/A RECOMMENDATION County staff recommends the Board of County Commissioners of Indian River County, Florida pass a Resolution in support of the Posey-Mast Pedestrian Safety Study Act and respectfully request United States Senators Rubio and Scott to include the Pedestrian Safety Study Act within any forthcoming appropriations legislation which may be considered by the United States Senate. 675 RESOLUTION NO.2020- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN SUPPORT OF THE PEDESTRIAN SAFETY STUDY ACT INTRODUCED BY CONGRESSMEN POSEY AND MAST WHEREAS,the All Aboard Florida/Brightline/Virgin Trains higher speed passenger rail system proposes to travel from Miami to Orlando International Airport by way of the Florida East Coast Railway corridor; and WHEREAS,All Aboard Florida/Brightline/Virgin Trains intends to operate 34 passenger trains at a maximum speed of 110 miles per hour on the Florida East Coast Railway corridor through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso, and Winter Beach; and WHEREAS, Indian River County has significant safety concerns about All Aboard Florida/Brightline/Virgin Trains traversing at such high speeds along an open railroad corridor and across 31 highway-railroad grade crossings; and WHEREAS, between 2018 and 2020, there have been 50 pedestrian deaths and 74 total deaths involving all rail operations on the shared Florida East Coast Railway corridor; WHEREAS, between 2018 and 2020, there have been 25 pedestrian deaths and 43 total deaths involving only All Aboard Florida/Brightline/Virgin Trains higher-speed passenger rail operations on the Florida East Coast Railway corridor; and WHEREAS, in July of 2020,U.S.. Representatives Bill Posey(R-FL) and Brian Mast(R- FL) introduced the Pedestrian Safety Study Act to direct the Federal Railroad Administration (FRA) and the Federal Highway Administration (FHWA)to study motorist and pedestrian safety along the proposed All Aboard FloridaBrightline/Virgin Trains higher-speed train corridor; and WHEREAS, upon the Pedestrian Safety Study Act becoming federal law, the FRA and FHWA would be required to complete the Pedestrian Safety Study and provide a report to the United States House of Representatives, the United States Senate, and the Florida Department of Transportation within two years. WHEREAS, an amendment offered by Representatives Posey and Mast to include the Pedestrian Safety Study Act within House Resolution 76167,the Fiscal Year 2021 Appropriations Act, was adopted with bi-partisan support by the United States House of Representatives on July 31, 2020; and 676 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY • COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners of Indian River County supports the Posey-Mast Pedestrian Safety Study Act and respectfully requests the United States Senate include the Pedestrian Safety Study Act within any forthcoming appropriations legislation which may be considered by the United States Senate. Section 3. A certified copy of this resolution shall be provided to United States , Congressmen Bill Posey and Brian Mast, United States Senators Marco Rubio and Rick Scott, Florida Transportation Secretary Kevin Thibault, Florida State Senator Debbie Mayfield, and Florida State Representative Erin Grall. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joe Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this 18th day of August, 2020. ATTEST: Jeffrey R. Smith,Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY,FLORIDA By: By: Clerk Susan Adams, Chairman Approved as to form and legal sufficiency: By: Dylan Reingold,County Attorney 677 1 . a INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson,AICP; Community Development Director THROUGH: Bill Schutt,AICP; Chief, Long-Range Planning FROM: Matt Kalap; Planner,Long-Range Planning DATE: August 10, 2020 RE: Revolving Loan Fund Grant Application To Economic Development Administration From Treasure Coast Regional Planning Council It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 18, 2020. DESCRIPTION AND CONDITIONS The Treasure Coast Regional Planning Council(TCRPC)is an applicant for a competitive Economic Development Administration (EDA) grant under the "Fiscal Year 2020 EDA Public Works and Economic Adjustment Assistance Programs including CARES Act Funding". This is a funding opportunity to create a Revolving Loan Fund (RLF)within Martin County, St. Lucie County, and Indian River County to assist small and medium size businesses in recovery from economic damages caused by the COVID-19 Pandemic. The TCRPC is seeking to create an RLF with a value of$1,000,000 with an additional$40,000 for administrative expenses.The TCRPC does not currently operate an RLF and proposes working with the South Florida Regional Planning Council (SFRPC)to operate this RLF.Under the application rules, a local (non-federal) match of 20% of the project budget of$1,040,000 must be provided. Therefore, a total match of$208,000 is needed. Apportioning this match between Indian River County, St.Lucie County,and Martin County based on county populations results in a commitment of$52,000 from Indian River County. In July of 2020,both the Martin County Board of County Commissioners and the St.Lucie County Board of County Commissioners approved participation in the RLF program and committed to providing matching funds for the program. 678 ANALYSIS The retention and growth of small and medium sized businesses can be constrained by a lack of access to capital. This situation has been compounded by the economic damage caused by the COVID-19 Pandemic and the restrictions implemented in order to limit the spread of COVID-19. The proposed RLF will provide a means to put capital in the hands of small businesses within Martin,St.Lucie,and Indian River Counties that might not otherwise be able to obtain loans.While set up with CARES Act funding,the RLF has the opportunity to have a lasting impact on the region for years to come.As loans are repaid,the funds will be loaned out again to new borrowers allowing the program to continue and expand.As noted in the attachment provided by the TCRPC,the SFRPC has a successful track record operating a RLF through the United States Department of Commerce, EDA. That program provides low interest loans ranging from $25,000 to $500,000 to small and medium size businesses. Since 2002, the SFRPC RLF has serviced more than 410 loans, totaling over $37,000,000 that has helped fund projects totaling over $112,000,000. As a result of these investments, more than 8,000 jobs have been created or saved. As proposed,the RLF will operate with the same loan parameters as the SFRPC RLF.Under those parameters loans could vary between$25,000 and$500,000 each,with no guarantee on the number of loans that will be provided and no ability to designate/reserve loans for use in each jurisdiction. CONCLUSION The total project budget for the RLF is $1,040,000 which includes $40,000 for administrative expenses. 80% of the proposed project's budget($832,000) will be funded through a competitive EDA grant which the TCRPC is applying for.20%of the proposed project's($208,000)budget will be funded through a local (non-federal) match that will be apportioned to Martin, St. Lucie and Indian River Counties based on population. Under the grant application rules to establish the $1,000,000 RLF, Martin and Indian River Counties would each need to contribute 25%($52,000) and St.Lucie County would need to contribute 50%($104,000)of the local(non-federal)match on a one-time basis after which,the loan program would continue to operate without additional funding being required. In accordance with EDA regulations, the matching funds shall not be restricted in any way and, therefore, the total loan funds must be made available across the 3-county lending area. Thus, the TCRPC will not be able to apportion the amount of loans made relative to the amount of match contributed by each of the counties.Also,the number of loans could range between 2 and 40. At the August 18,2020 Board of County Commissioners meeting,Mr.Tom Lanahan,Director of the TCRPC will be present to answer questions about the program. 679 FISCAL IMPACT The total amount of local match proposed by the TCRPC from Indian River County is$52,000(see attachment 1). Funding in the amount of$52,000 will be provided via budget amendment from General Fund/Cash Forward-Oct 1. RECOMMENDATION Staff recommends that the Board of County Commissioners consider the TCRPC request,direct any questions to Tom Lanahan and,provide the TCRPC with a recommendation regarding participation in the program. ATTACHMENTS 1. Revolving Loan Fund match request from TCRPC F:\Community Development\COVID-19\CRF\staffreport on RLF.doc 680 TRE-ASIjRE COAST-r_REGIONAL ? LANN rNG ICIO UNCIL IN_DTAN' R`IVE'R ST LUCIE IVIA-R.T'IN — PAL=M $,E-A_CH June 19, 2020 Jason Brown, County Administrator Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 RE: Revolving Loan Fund Grant Application to EDA—Request for Matching Funds Dear Mr. Brown: Treasure Coast Regional Planning Council is the applicant for a competitive EDA grant under the "FY 2020 EDA Public Works and Economic Adjustment Assistance Programs including CARES Act Funding" funding opportunity for creation of a Revolving Loan Fund (RLF) to assist small and medium size businesses in recovery from the economic damage caused by the Coronavirus Pandemic. The grant request proposes the creation of a $1,000,000 loan fund, with an additional $40,000 for administrative expenses, to be operated for the benefit of Martin, St. Lucie, and Indian River counties in cooperation with the South Florida Regional Planning Council's existing RLF program.A more detailed description of the concept is attached. Under the application rules, a local (non-federal) match of 20% of the project budget of $1,040,000 must be provided, therefore a total match of $208,000 is needed. Apportioning this match between Martin, St. Lucie, and Indian River counties based on the respective county populations means that Indian River County's requested commitment of matching funds is $52,000. We look forward to the Board of County Commissioners' approval of this request in order to bring this important program to Indian River County. If you have any questions, please contact me at 772-221-4060 or tlanahan@tcrpc.org. Sincerely yours, Thomas J. Lanahan Executive Director "Bringing Communities Together" • Est.1976 421 SW Camden Avenue - Stuart, Florida 34994 Phone (772) 221-4060 - Fax (772) 221-4067 - www.tcrpc.org 681 Attachment 1 TREASURE COAST REGIONAL PLANNING COUNCIL REVOLVING LOAN FUND SERVICE AREA AND FUNDING EXPANSION JUNE 19, 2020 REDUCED SIZE CONCEPT - REVISED Purpose and Background The retention and growth of small- and medium- size businesses can be constrained by a lack of access to capital. This situation has been exacerbated by the economic damage caused by the Coronavirus Pandemic and the activity restrictions and business closures necessary to restrain the spread of the virus. Revolving Loan Funds provide a means to put capital in the hands of small businesses that might not otherwise be able to obtain loans. As loans are repaid, the funds are loaned out again to new borrowers allowing the program to continue and expand its reach into the community. The South Florida Regional Planning Council (SFRPC) currently operates a Revolving Loan Fund (RLF) through the U.S. Department of Commerce, Economic Development Administration (EDA), which provides low interest loans ranging from $25,000 to $500,000 to small- and medium- size businesses. Since 2002, the SFRPC RLF program has serviced more than 410 loans, totaling more than $37 million, and helping fund projects totaling over $112 million. As a result of these investments, more than 8,000 jobs have been created or saved. These projects were funded with RLF money because conventional funding was not available. The original lending area was. Monroe, Miami-Dade, and Broward counties in the SFRPC region but was expanded in 2018 to include Palm Beach County in the Treasure Coast region. At the time, there was no new capital available to invest into the RLF so the service area expansion was limited to just part of the Treasure Coast region due to the limited loan funds on hand. Through the CARES Act of 2020, additional funding was provided to existing RLFs for new loans to address the impacts of the Coronavirus Pandemic. Also as part of the CARES Act, the EDA is making new grant funds available on a competitive basis to, among other things, establish or expand Revolving Loan Funds to help address economic damage from the Coronavirus Pandemic. Proposed Project Council does not currently operate an EDA RLF and it will be faster and more efficient to bring these services to the rest of the Treasure Coast region (Martin, St. Lucie, and Indian River counties) by partnering with the existing RLF operated by the SFRPC, especially considering that Palm Beach County is already within the SFRPC RLF service area. Council, therefore, would like to request funding from EDA to create a new RLF administered by the SFRPC RLF covering the northern three counties in the TCRPC region. Considering that the existing 4 county lending area was provided with $5.38 million in additional loan funds by the EDA based on doubling the amount in the existing loan fund, there is $8.07 million in total RLF funding. The basis of that award was the amount of the existing loan pool developed when the lending area was only 3 counties (Monroe, Miami-Dade, and Broward) and the population related to that $8.07 million is approximately 4,797,115 people. This equates to $1.68 per capita. Considering that the population of the 3 counties Treasure Coast region without an RLF is 620,753 people, at $1.68 per capita, this equates to $1,042,865 or $1.04 million for clarity. Assuming 4% to manage the program, this would make $1 million available for loans. 682 Attachment 1 If our application to the EDA is successful, the $1.04 million requested will be allocated to a CARES Act RLF for loans within Martin, St. Lucie, and Indian River counties in the TCRPC region, using parameters similar to the existing SFRPC RLF with some underwriting flexibility to address Coronavirus Pandemic impacts. As a partnership with the existing SFRPC RLF program, it is expected that the existing SFRPC staff which administers their RLF will help administer the new RLF. TCRPC staff will assist in promoting the RLF and identifying potential applicants along with our partners in the economic development organizations in each county. SFRPC staff will make themselves available in the region as necessary to meet with potential applicants and otherwise administer the loans. Funding The U.S. Economic Development Administration has made new funding available to communities for potential projects that prevent, prepare for, and respond to coronavirus, including for necessary expenses for responding to economic injury as a result of coronavirus. This funding can be used to help communities catalyze public-private partnerships that will support economic recovery. The EDA CARES Act funding requires a 20% match (compared to the usual EDA 50% match), therefore to bring this new funding to the region, the newly served areas would need to provide 20% of the loan funds matched by 80% in EDA funds. These amounts would be $208,000 in local (non-federal) match funds and $832,000 in EDA (federal) funds. Using population to apportion this money, Martin and Indian River counties would each need to contribute 25% (i.e. $52,000) and St. Lucie County would need to contribute 50% (i.e. $104,000) on a one-time basis after which the loan program would continue to operate without further funding being necessary. In accord with EDA regulations, the matching funds shall not be restricted in any way and, therefore, the total loan funds must be made available across the 3-county lending area. Thus, we will not be able to apportion the amount of loans made relative to the amount of match contribution provided by each of the counties. Comprehensive Economic Development Strategy (CEDS) Plan Consistency Innovation & Economic Development Objective: Promote innovation and competitiveness, preparing the region for growth and success in the worldwide economy. Business Climate & Competitiveness Objective: Create a business climate supportive of existing industries and welcoming of new ones. 683 Attachment 1 /Qiia INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Bill Schutt,AICP; Chief, Long-Range Planning DATE: August 9, 2020 RE: Consideration of Coronavirus Relief Fund(CRF)Agreement with Florida Housing Finance Corporation (FHFC), Consideration of Local Parameters for Fund Utilization,and Consideration of County Staffing and Outside Agency Assistance to Administer the Program It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of August 18, 2020. BACKGROUND In response to the COVID-19 pandemic,the Coronavirus Aid,Relief,and Economic Securities Act (CARES Act) established the $150 billion Coronavirus Relief Fund. These funds are intended to assist governments with navigating the impact of the COVID-19 outbreak. The United States Department of the Treasury made direct payments to States and Counties with populations in excess of 500,000. The.State of Florida has planned to disburse nearly $1.3 billion to Counties with populations of less than 500,000 that did not receive a direct allocation.Funding is being disbursed by the state through various agencies, including the Florida Division of Emergency Management (FDEM), and through the Florida Housing Finance Corporation (FHFC). Each applicable state agency is responsible for coordinating with local governments and rolling out their portion of the funding. On July 14, 2020,the BCC considered the first$6.97 million allocation from the FDEM's overall proposed $27.9 million allocation to Indian River County. At that time the BCC allocated FDEM CARES Act funding to various activities, area municipalities,and outside agencies for COVED-19 response. This staff report will focus on a more recent and separate allocation specific to housing assistance announced by the FHFC. The FHFC was allocated $250 million by the State from the Coronavirus Relief Fund (CRF), of which $120 million may be used for rent and mortgage assistance, related expenses, and housing 684 rehabilitation by State Housing Initiative Partnership(SHIP)jurisdictions.The FHFC has chosen to release the$120 million in funds in two rounds.The first round is$75 million,and the second round is the remaining$45 million. Of the$75 million from the first round,Indian River County has been awarded an initial allocation of$572,301,up to 10%of which may be used to cover administration costs.These funds will be paid in one lump sum payment,and will be audited to ensure compliance with program eligibility. Disbursement will occur after the County executes a Sub-recipient agreement with the State(Attachment 1).The second round of allocations from the state will occur no later than October 15t 2020.Disbursement amounts will be based upon updated re-employment figures and local government performance in spending the first allocation. Similar to the FDEM funds,the FHFC funds must be fully expended by the County by no later than December 30,2020. At this time,it is requested that the BCC review and consider the proposed agreement with the state, consider general parameters for disbursement of funds to homeowners and renters within Indian River County and cities within the County,and consider options for utilizing staff from the County and outside agencies to administer the program. ANALYSIS Agreement with FHFC The proposed agreement with the FHFC provides a list of pre-approved activities that the County may select from to implement and outlines the general parameters for disbursing those funds. The County may choose to modify how it chooses to disburse the funds based on the general parameters. Key parameters are reviewed below along with recommendations from staff. Eligible Pre-approved Activities Per the agreement,the County may choose to disburse funds for any or all of the following activities: 1. Rental assistance payments (including back rent, deposits and utility payments); 2. Mortgage payments and buydowns; 3. Emergency repair of housing; 4. Assistance to homeowners to pay insurance deductibles; 5. Housing re-entry assistance, such as security deposits, utility deposits, and temporary storage of household furnishings; 6. Foreclosure or eviction prevention, including monthly rent and associated fees; and 7. Homeownership counseling. Given the limited amount of funding allocated to the County and the complexities of administering multiple activities in a short time frame, staff recommends that the BCC direct staff to focus on mortgage and rental payments,including deposits for housing re-entry assistance,and back payments and current monthly payments. For mortgage payments, escrowed insurance and taxes may be 685 included with principal and interest payment to a lender. Maximum Household Assistance Amount Neither Federal rules nor thea agreement from the state set a for the maximum amount of �' cap assistance that may be awarded for any given household.Because of limited funds and an anticipated high demand for the funds,staff recommends that the County establish a cap of no more than$1,500 in assistance per household per month for 3 months (no more than $4,500 in total assistance per household). Based on this assistance level,a minimum of 114 households could be assisted with the ' first round of funding from the FHFC (see tables 1 and 2 below). Additional households could be assisted if all households do not need the full $1,500 per month and if a second round of funding is received from the FHFC. Table 1 Calculation of Funds Available for Households After Administration Funds Are Deducted Award Amount 10% Administration Funds Remaining for Disbursement $572,301 $57,230.10 $515,070.90 Table 2 Estimated Minimum Number of Households to be Assisted Grant Funds Available After Maximum Award per Potential Number of Admin. Funds Household Households to Assist $515,070.90 $4,500 114 Period of Performance The term of the agreement is from the Effective Date through March 31,2021. The County has until December 30,2020 to expend the funds. The County may utilize funds for eligible activities going back to March 1, 2020. Income Eligibility Per the agreement,the county may assist households with incomes below 120%of Area Median Income(AMI). The County may also choose to set a household assistance cap at any point below 120%of AMI. Based on research completed this past year by the County's Affordable Housing Advisory Committee(AHAC), and the limited funds available, staff recommends that the County set a household assistant cap of 80%of AMI. Advertisement for Applicants 686 The proposed agreement establishes advertisement requirements for announcing the availability of funds. Per the agreement, the County is required to publish an ad in the newspaper and where available to advertise in periodicals serving racially,ethnically and income diverse neighborhoods,at least 10 days before the beginning of the application period. Since creating the agreements, the FHFC has issued guidance modifying this requirement to allow local governments to use their website and social media accounts available to the public. Staffproposes to follow the FHFC's most recent guidance and advertise on the County website and issue a press release. Staffing/Administration Since the FHFC CRF's are being channeled through the State's existing SHIP network, staff from each community's SHIP program are being asked to take the lead with disbursing the funds and administering the program. In reaching out to other communities, County staff has found that those communities have or are substantially gearing up staff levels to handle initial phone calls, develop application intake processes,reviewing applications for completeness, working with applicants to submit appropriate back-up documentation to verify need and eligibility, working with applicants to properly complete applications, and working with mortgage companies, lenders, and landlords to obtain proper documentation for staff to then issue payments. In addition,monthly reports will need to be prepared and provided to the state, and spreadsheets will need to be developed and maintained to track activities and payments. In the longer term, state and federal rules require that files for every applicant be kept and maintained for 5 fiscal years after funds have been expended or 5 years after the expiration date of a use restriction. Staff will need to be available and have the files available for any future audits. Currently,the County's SHIP program is minimally staffed by a SHIP Administrator that handles many other roles/responsibilities at the County(Chief of Long Range Planning). While staff is in the process of working with County Human Resources to hire a temporary staff person to work with the program(to be paid with CRF funds), staff recommends that the County Administrator be authorized to enter into an agreement with one or more outside agencies to assist with processing applications, awarding funds, and preparing payment requests.Alternatively, additional County staff may be pulled in from other departments/sections to assist. Agreement with Sub-recipient(s) In anticipation that SHIP communities will need assistance from outside agencies, the FHFC prepared a template sub-recipient agreement for communities to use (Attachment 2). Should additional assistance be needed to process applications,award funds,and prepare payment requests, staff recommends that the BCC authorize the County Administrator to use the template sub-recipient agreement,as may be adjusted to meet local conditions and requirements,and authorize the County Administrator to allocate allowable CRF Grant Administration funds to those agencies. FUNDING 687 The proposed program will be funded through the grant agreement with the FHFC.No additional funding is proposed. ALTERNATIVES With respect to the proposed FHFC Agreement, the Board of County Commissioners has two alternatives. These are: 1. To approve the agreement as proposed; and 2. To reject the proposed agreement. Staff supports alternative 1. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the CRF Agreement with the FHFC; 2. Approve the parameters of the program as outlined in the agreement and this staff report; 3. Authorize the County Administrator or his designee to make adjustments to the program activities to address needs of the community; 4. Authorize staff to proceed with the program for any additional funding that is received from the state(including a second anticipated round of funding,and any potential future allocation from the state); and 5. Authorize the County Administrator to negotiate sub-grantee agreements with any interested partner agencies using the template agreement from the FHFC and authorize the County Administrator to allocate allowable CRF Grant Administration funds to those agencies. ATTACHMENTS 1.) Coronavirus Relief Fund(CRF)Agreement with Florida Housing Finance Corporation 2.) Template Sub-Grantee Agreement F:\Community Development\COVID-19\CRF\bcc agenda item-CRF SHIP Agreement v2.doc 688 CORONAVIRUS RELIEF FUND(CRF) SUBRECIPIENT AGREEMENT THIS FUNDING AGREEMENT ("Agreement") is entered into by and among INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS("Subrecipient"), a local government that meets the State Housing Initiatives Partnership ("SHIP") Program eligibility requirements, and FLORIDA HOUSING FINANCE CORPORATION ("Florida Housing"), a public body corporate and politic duly created and existing under thelawsof the State of Florida. Upon execution byboth parties,this Contract shall become effective as of p the date the last party signs ("Effective Date"). WITNESSETH: WHEREAS,the Coronavirus(COVID-19)emergency has caused disruption in Florida's economy leading to high rates of unemployment and business closures; WHEREAS, Many Floridians are in need of assistance with rental payments, mortgage payments and home repairs; WHEREAS, the State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act,as amended by section 5001 of the Coronavirus Aid,Relief,and Economic Security(CARES) Act, Pub. L. No. 116-136,div.A,Title V(Mar. 27,2020); WHEREAS,a portion of the CARES Act Funds(designated the"Coronavirus Relief Funds or CRF funds") will be distributed by Florida Housing to and administered by Eligible Local Governments (as defined herein) and expended only for purposes authorized by this Agreement; WHEREAS,the Subrecipient and Florida Housing wish to enter into this Agreement which will govern the disbursement and expenditure of CRF funds; NOW,THEREFORE, in consideration of the foregoing,the parties hereto agree as follows: A. Recitals:The recitals stated above are true and correct, are incorporated herein,and form an integral part of this Agreement. B. Definitions: 1. "Administrative Expenditures" means funds, not to exceed 10% of the allocation, expended by Subrecipient to carry out the activities of CRF. This expense may include salaries and benefits of staff,office supplies and equipment, required travel,advertising, recordingcosts. 2. "Annual income".means annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R.part 5;annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes.. 3. "Eligible Housing" means any real and personal property located within the county or eligible municipality which is designed and intended for the primary purpose of providing decent, 689 safe, and sanitary residential units that are designed to meet the standards of the Florida Building Code or previous building codes adopted under Chapter 553, Fla. Stat., or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the Department of Highway Safety and Motor Vehicles,for home ownership or rental for Eligible Persons as designated by Subrecipient. 4. "Eligible Local Government"means a local government in Florida that meets the SHIP Program eligibility requirements. 5. "Eligible Persons" or "Households" means one or more natural persons or a family determined by Subrecipient to be earning not more than 120% of the area median income according to the income limits adjusted to family size published annually by Florida Housing. 6. "Eligible Sponsor" means a person or a private or public for-profit or not-for-profit entity that applies for an award under CRF for the purpose of providing Eligible Housing for Eligible Persons. 7. "Expended" means the affordable housing activity is complete. 8. "Program Income" means proceeds derived from interest earned on or investment of the funds, proceeds from loan repayments,recycled funds,and all other income derived from use of CRF funds. 9. "Project Delivery Costs" means those costs related to the delivery of housing related services to an eligible applicant that are not included as part of Administrative Expenditures. 10. "Sub-Grantee" means a person or organization contracted by a Subrecipient that is compensated with CRF funds to provide administration of any portion of the CRF. C. Allocation and Use of Funds: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is:$572,301. 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item C.4., below. Funds will be disbursed in up to two payments,the amount of each to be determined by Florida Housing.The first payment for the full amount In Item C.1. above will occur upon execution of this Agreement. Subject to the terms of this paragraph, a second payment may be disbursed no later than October 1, 2020. If Florida Housing determines that the Subrecipient has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement,the funds representing the second payment may be withheld by Florida Housing pending resolution of the issues giving rise to the lack of progress or failure to perform satisfactory to Florida Housing which may include a written plan to address the issues prepared by the Subrecipient and submitted to Florida Housing for approval. 690 3. Establishment of CRF Trust Fund: Subrecipient must establish and maintain a CRF trust fund oraooled account where CRF funds are clearlydesignated. P g 4. Expenditure of Funds by Subrecipient: CRF funds shall be Expended by Subrecipient for the following: a. Direct CRF Administrative Expenditures and Project Delivery Costs incurred on or after March 1,2020 in an amount no more than a cumulative 10 percent of CRF funds incurred by Subrecipient,a consultant to Subrecipient,and/or a Sub-Grantee. CRF funds shall not be used to pay for Administrative Expenditures and Project Delivery Costs incurred prior to March 1,2020. b. Housing counseling services,direct rental assistance,relocation costs and awards to assist Eligible Housing for Eligible Persons or Households or Eligible Sponsors. c. CRF funds may be used for the following pre-approved program purposes or activities: i. Rental assistance payments (including back rent,deposits and utility payments); ii. Mortgage payments and buydowns; iii. Emergency repair of housing; iv. Assistance to homeowners to pay insurance deductibles; v. Housing re-entry assistance,such as security deposits, utility deposits, and temporary storage of household furnishings; vi. Foreclosure or eviction prevention, including monthly rent and associated fees; and vii. Homeownership counseling. All other activities must be presented in writing to Florida Housing and approved in writing prior to implementation. 5. Term: The period of performance for this grant is March 1, 2020— December 30, 2020. In executing this Agreement, Subrecipient is certifying that all CRF funds will be Expended by December 30,2020.The term of this agreement will be from the Effective Date through March 31,2021. 6. Advertisement of Availability of Funds: U CRF funding availability shall be advertised by Subrecipient in both a newspaper of general circulation and, where available, periodicals serving racially, ethnically and income diverse neighborhoods, at least 10 days before the beginning of the application period. This 10-day period does not prevent assistance to applicants that have already applied and been determined eligible prior to the application period.At a minimum,the advertisement shall contain: a. The amount of funds projected to be received from the state for the fiscal year(s). b. The beginning and ending date of the application period; c. The name of the contact person and other pertinent information where applicants may apply for assistance(phone number, address, email,and hours of operation); 7. Repayments: a. The Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the eligible period of performance. The Subrecipient shall ensure that its contractors,subcontractors,and consultants only 691 expend funding under this Agreement for allowable costs resulting from obligations incurred during the period of performance. b. The Subrecipient shall refund to Florida Housing any unobligated funds which have been advanced or paid to the Subrecipient upon termination of this Agreement. c. Any unexpended funds under this Agreement, including unexpended program income earned, must be returned to Florida Housing upon termination of this Agreement. d. Upon termination of this Agreement, or upon any determination made indicating such, the Subrecipient shall refund to Florida Housing any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement. e. The Subrecipient shall refund to Florida Housing any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to Florida Housing within 30 calendar days from Subrecipient's receipt of notification of such non-compliance. f. The Subrecipient's obligations under this section will survive the termination of the Agreement. 8. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards." 9. Single Audit Act: Funds payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance. The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform Guidance, if it expends more than $750,000 or more in Federal awards from all sources during its fiscal year.The Catalog of Federal Domestic Assistance(CFDA) number for these funds is 21.019. D. Application for CRF Eligible Person or Household Assistance:Subrecipient shall establish criteria for CRF assistance and develop an application for CRF eligibility. a. The application for assistance should contain all the necessary information to determine whether an applicant household is potentially eligible for CRF assistance. In accordance with the provisions of Sections 760.20-760.37, Fla.Stat., it is unlawful to discriminate on the basis of race, religion, color, sex, familial status, national origin, or handicap in the award application process for Eligible Housing. b. At a minimum, an application for program assistance should contain the following items for each household members: i. The number of people residing in the household including name,age,relationship to head of household,current address and home phone number; ii. Name and address of employer(s), work phone number(s), position title and number of years on job with employer; iii. Sources of annual income,including earned,unearned and asset income,and a statement signed by all of the adults who reside in the household consenting to the disclosure of information for the purpose of verifying income and assets for determining income eligibility for program assistance. iv. A signed statement indicating that the applicant understands that all information provided is subject to Florida's public records laws. 692 v. A statement that it is a first-degree misdemeanor to falsify information for the purpose of obtaining assistance. E. Allowable Rental Assistance(Subsidies):Assistance may be provided as direct rental assistance to Eligible Persons in any of the following manners: 1. Security and utility deposit assistance to secure temporary or permanent rental housing;or 2. Eviction prevention not to exceed 10 months' rent;or 3. A rent subsidy program for income eligible households that are displaced from rental units that are uninhabitable;or F. Allowable Mortgage Payments: Mortgage payment assistance may be awarded to eligible applicants. This may include principle and interest, insurance, and homeowner association fees. Real Estate taxes paid to a government entity are not eligible. G. Income Categories:All households assisted must be at or below 120%of the area median income. H. CRF Eligible Person Award Terms: CRF funds awarded directly to Eligible Persons must be in the form of a grant,deferred loan or hard pay loan. I. Reporting Requirements: The Subrecipient must provide Florida Housing with monthly reports beginning on October 1, 2020 and a closeout report by February 15, 2021. These funds must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by Florida Housing.All funds must be accounted for on the CRF Data Upload Form as provided by Florida Housing.Quarterly reports are due to Florida Housing no later than 15 days after the end of each quarter. The first quarterly report due pursuant to this agreement is due for the quarter ending September 30,2020. J. Program Compliance 1. File Management and Record Retention relating to CRF Eligible Persons or Sponsors: Subrecipient must maintain a separate file for every applicant, Eligible Person, Sub-Grantee or Sponsor, regardless of whether the request was approved or denied. a. Contents of File: Each file must contain sufficient and legible documentation.Documents must be secured within the file and must be organized systematically. b. Record and File Retention: Local governments are required to retain records and other relevant documentation for each applicant, Eligible Person, Sub-Grantee or Sponsor for five fiscal years after funds have been expended or five years after the expiration of a use restriction agreement. and accounted for and/or satisfaction of loans,whichever is later, provided applicable audits have been released. i. The minimum requirements for documentation of award depend upon the type of assistance awarded and the funding sources.Every file should contain a section of notes and a file checklist, which tracks the efforts and progress of obtaining necessary documents.The checklist is a useful tool for all persons who must have access to the file. However, this checklist may be modified to accommodate a local government's need for additional documentation. 693 ii. Eligible Sponsors(developers)who are awarded funds have the responsibility for maintaining clear and accurate files on project recipients and activities. Subrecipient must monitor the Eligible Sponsors files on a regular basis to ensure that all information is collected that will be needed for reporting. Subrecipient's housing administrator must also review the file documentation to ensure that assistance is awarded to Eligible Persons and that all project activities conform to program requirements. iii. In cases where a Sub-Grantee is used to administer CRF,Subrecipient is ultimately responsible for program compliance. iv. All other records that document the award or expenditure of CRF funds must be retained for five fiscal years after the funds have been expended or five years after the expiration of a use restriction agreement and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted Subrecipient must retain all records no less than five years after the loan has been satisfied,provided audits have been released,whichever is later. Housing records of this type include, but are not limited to: 1) applications; • 2) program and set-aside records; 3) housing agreements; 4) income verifications and 5) other records as required by Florida Housing or federal,state and local law or regulations. v. Records must be retained in electronic form. The standards used must comply with the Florida Administrative Code. Local record retention requirements may be stricter than the State. c. Access to Files: Florida Housing or any duly authorized representative shall be permitted to inspect any files relating to CRF Eligible Person or Sponsors including but not limited to advertisements, applications, income verifications and certifications, plan participation contracts, financial records, tracking system records, construction cost verification including receipts and contracts, rental development annual reviews, Eligible Sponsor reviews, Eligible Sponsor award lists, CRF fund recipient lists, and any other applicable documents at any reasonable time with or without notice. Such records shall be maintained within the participating county or eligible municipality at a place accessible to the Corporation staff or its designated monitoring agent. 2. Files Management and Record Retention relating to Subrecipient and Administration of this Agreement: a. The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by Florida Housing under this Agreement. b. Contents of the Files:Subrecipient must maintain files containing documentation to verify all compensation to Subrecipient in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Subrecipient in connection with this Agreement. Subrecipient must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement. 694 c. Record and File Retention:Subrecipient must maintain these files for five years after the end of the applicable fiscal year,except that,if any litigation,claim or audit is commenced with respect to the transactions documented by such files before the end of the aforementioned five-year period and extends beyond the expiration of the five-year period, these files must be retained until all litigation, claims, or audit findings involving the files have been resolved. d. Access to the Files:As a condition of receiving state or federal financial assistance,and as required by sections 20.055(6) and 215.97(5), Fla. Stat., Florida Housing, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives shall enjoy the right to access any documents, financial statements, papers, or other records of the Subrecipient that are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Upon reasonable notice, Subrecipient and its employees shall allow Florida Housing or its agent(s) access to its files and personnel for interview purposes during normal business hours,9:00 a.m.to 5:00 p.m.,Monday through Friday,provided such day is not a holiday. e. Return of the Files: In the event this Agreement is terminated, all finished or unfinished documents, data, studies,computer files, correspondence, and other products prepared by or for Subrecipient under this Agreement must be submitted to Florida Housing within 15 days of such termination at the expense of Subrecipient. 3. Compliance Monitoring: Subrecipient must be subject to compliance monitoring during the period of performance in which funds are Expended and up to three years following the closeout of all funds. In order to assure that the program can be adequately monitored,the following is required of Subrecipient: a. Subrecipient must maintain a financial tracking system provided by Florida Housing that ensures that CRF funds are Expended in accordance with the set-aside requirements, deadlines,and other requirements in this agreement. b. Subrecipient must maintain records on all awards to Eligible Persons or Sponsors. These records must include, but are not limited to: i. Proof of income compliance; ii. Proof of homeownership; iii. Proof of use of FEMA proceeds; iv. Documentation of all required inspections including mold remediation and wood destroying organisms; v. Documentation of any required remediation; vi. Certificate of Occupancy; vii. Placed in Service documentation; viii. Proof of contract or eligibility; ix. Documentation of payments made on the award;and x. Documentation of the value/sales price of the unit, as applicable. 4. Cooperation with Inspector General: Subrecipient understands its duty, pursuant to Section 20.055(5), Fla. Stat., to cooperate with Florida Housing's Inspector General in any investigation, audit, inspection, review, or hearing. Subrecipient will comply with this duty and ensure that any contracts issued under this Agreement impose this requirement, in writing,on its subcontractors. 695 5. Technical Assistance:Training and technical assistance is available to Subrecipient to assist in the development and implementation of the CRF.This technical assistance shall be provided by Florida Housing staff and Florida Housing's Catalyst contractor. 6. Program Income: Program Income realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, funds realized as Program Income must be returned to Florida Housing. 7. Recaptured Funds: Recaptured Funds realized by Subrecipient prior to the final closeout of CRF must be deposited and used for eligible. CRF activities. After final closeout of CRF, Recaptured Funds must be returned to Florida Housing. K. Contacts 1. Florida Housing's contract administrator for this Agreement is: Contract Administrator Florida Housing Finance Corporation 227 North Bronough St.,Suite 5000 Tallahassee, Florida 32301-1329 Phone:850.488.4197 E-mail:Contract.Admin@floridahousing.org 2. The Florida Housing program contact for this Contract is: Robert Dearduff,Assistant Director of Special Programs Florida Housing Finance Corporation 227 North Bronough St.,Suite 5000 Tallahassee, Florida 32301-1329 Phone:850.488.4197 E-mail: Robert.Dearduff@floridahousing.org or the designated successor. 3. The Grantee's contract administrator for this Contract is: William Schutt,SHIP Administrator 1801 27th Street Vero Beach, Florida 32960 Phone:772.226.1250 E-mail: bschutt@ircgov.com or the designated successor. L. 2 CFR Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards-In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A)Contracts for more than the simplified acquisition threshold currently set at$150,000,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council(Councils)as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach 696 contract terms, and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C.3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the 697 substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C.7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C.7401-7671q)and the Federal Water Pollution Control Act as amended 33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H)Debarment and Suspension(Executive Orders 12549 and 12689)-A contract award(see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) -Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. (J)See§200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26, 2013,as amended at 79 FR 75888, Dec. 19, 2014] M. Default and Remedies 1. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of Florida Housing to continue doing business with Subrecipient or assign any future transaction to Subrecipient shall, if Florida Housing so elects,terminate and Florida Housing may, at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, Florida Housing may continue doing business with the Subrecipient as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Subrecipient in the transaction or any future transaction. 2. The Events of Default shall include, but not be limited to,the following: a. If any report,information or representation provided by Subrecipient in this Contract is inaccurate,false or misleading in any respect; 698 b. If any warranty or representation made by Subrecipient in this Contract or any other outstanding agreement with Florida Housing is deemed by Florida Housing to be inaccurate,false or misleading in any respect; c. If Subrecipient fails to keep,observe,or perform any of the terms or covenants contained in this Contract,or is unable or unwilling to meet its obligations as defined in this Contract; • d. If,in the sole discretion of Florida Housing,Subrecipient has failed to perform or complete any of the services identified in the attachments; e. If Subrecipient has not complied with all Florida laws,federal laws, Florida Housing rules • or Florida Housing policies applicable to the work; f. If Subrecipient has discriminated on the grounds of race, color, religion, sex, national origin,or disability in performing any service identified in the attachments; g. If Subrecipient does not comply with the terms and conditions set forth in Section 420.512(5), Fla.Stat.; h. If Subrecipient commits fraud in the performance of its obligations under this Contract; or i. If Subrecipient refuses to permit public access to any document, paper, letter, computer files,or other material subject to disclosure under Florida's Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2.above, Florida Housing will provide written notice of the Default detailing the grounds that constitute the Event of Default. 3. Upon the occurrence of any Event of Default listed in subparagraph 2.above, Florida Housing may provide Subrecipient a reasonable period of time to cure the Event of Default (Cure Period). If Florida Housing provides a Cure Period,Florida Housing will notify the Subrecipient of the length of the Cure Period in the Notice of Default. 4. If Florida Housing provides a Cure Period and if the Subrecipient is unable or unwilling to cure the Event of Default within the Cure Period, Florida Housing may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude Florida Housing from pursuing any other remedies contained herein or otherwise provided at law or in equity.The remedies include, but are not limited to the following: a. Florida Housing may terminate the Contract on the 10th day after Subrecipient receives the Notice of Default or upon the conclusion of any applicable Cure Period,whichever is later; b. Florida Housing may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; c. Florida Housing may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Subrecipient to determine the reasons for or 699 the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Subrecipient to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Subrecipient to reimburse Florida Housing for the amount of costs incurred;or d. Florida Housing may exercise any other rights or remedies that may be otherwise available under law. N. Termination 1. Florida Housing may terminate the Agreement, without cause, at any time upon 24-hour written notice delivered by courier service or electronic mail to the Subrecipient, from the date sent from Florida Housing. 2. The Subrecipient may terminate this Agreement, without cause, at any time upon 10 days written notice delivered by courier service or electronic mail to Florida Housing at the physical or electronic address, as applicable, of Florida Housing's Contract Administrator, Contract.Admin@floridahousing.org.The Subrecipient shall be responsible for all costs arising from the resignation of the Subrecipient. 3. Upon expiration or termination of this Agreement, the Subrecipient shall transfer to Florida Housing any CRF funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CRF funds. 0. General Provisions 1. Compliance with all Applicable Laws and Regulations: Subrecipient must comply with all applicable federal, state and local laws, rules, regulations, and ordinances in administering CRF under this Agreement. Subrecipient acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state, and local health and safety rules and regulations. Subrecipient further agrees to include this provision in all contracts with • Eligible Persons,Sub-Grantees,Sponsors or subcontracts issued as a result of this Agreement. Subrecipient's failure to comply with any part of this provision is material and must be grounds for termination of this Agreement for cause by Florida Housing. 2. Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by • either party of any protections under sovereign immunity,Section 768.28 Florida Statutes,or any other similar provision of law. Nothing contained herein must be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement • or any other contract. 3. Insurance: Subrecipient agrees to carry liability and other appropriate forms of insurance. Florida Housing shall have no liability except as specifically provided in this Agreement. 4. Severability: If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 700 5. Entire Agreement: This Agreement, and all exhibits annexed hereto which are incorporated herein by reference,collectively represent the entire agreement of the parties and the same supersedes any and all previous agreements of any kind.Any alterations,variations,changes, modifications, or waivers of provisions of this Agreement shall be valid only if reduced to writing,duly signed by all of the parties hereto,and attached to the original of this Agreement. 6. Lobbying: In accordance with Section 216.347, Fla. Stat., Subrecipient is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature,the judicial branch or a state agency. Further, in accordance with Section 11.062, Fla. Stat., no state funds,exclusive of salaries,travel expenses,and per diem,appropriated to,or otherwise available for use by,any executive,judicial,or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. 7. Files Subiect to Florida's Public Records Law: Any file, report,record,document,paper,letter, or other material received,generated,maintained or sent by Subrecipient in connection with this agreement is subject to the provisions of Section 119.01-.15, Fla. Stat., as may be amended from time to time (Florida's Public Records Law). Subrecipient represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. If Subrecipient has questions regarding the application of Chapter 119, Florida Statutes, to Subrecipient's duty to provide public records relating to this contract, contact the Corporation Clerk at: Corporation Clerk 227 N. Bronough Street, Suite 5000 Tallahassee, Florida 32301-1329 Phone: 850.488.4197 E-mail: Corporation.Clerk@floridahousing.org 8. Personally Identifiable Information (PII);Security: a. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement,Subrecipient must provide for the security of such Pll, in a form acceptable to Florida Housing, without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption,data transmission encryption,security inspections and audits.Subrecipient shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors and shall hold Florida Housing harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. b. If Subrecipient or any of its subcontractors may or will create, receive, store or transmit PII under the terms of this Agreement, Subrecipient shall provide Florida Housing with insurance information for stand-alone cyber liability coverage, including the limits available and retention levels. If Subrecipient does not carry stand-alone cyber liability coverage,Subrecipient agrees to indemnify costs related to notification, legal fees, 701 judgments,settlements,forensic experts,public relations efforts,and loss of any business income related to this Agreement. c. Subrecipient agrees to maintain written policies and procedures for PII and/or data classification. This plan must include disciplinary processes for employees that violate these guidelines. d. Subrecipient agrees at all times to maintain reasonable network security that, at a minimum, includes a network firewall. e. Subrecipient agrees to protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority(e.g.Microsoft notifications, Common Vulnerabilities and Exposures (CVE) database, etc.) Subrecipient agrees that PII shall be appropriately destroyed based on the format stored upon the expiration of any applicable retention schedules. f. Subrecipient agrees that any and all transmission or exchange of system application data with Florida Housing and/or any other parties shall take place via secure Advanced Encryption Standards (AES), e.g. HTTPS, FTPS, SFTP or equivalent means. All data stored as a part of backup and recovery processes shall be encrypted, using AES. g. If Subrecipient reasonably suspects that a cybersecurity event or breach of security has occurred,they must notify Florida Housing's Contract Administrator within 48 hours. h. In the event of a breach of PII or other sensitive data, Subrecipient must abide by provisions set forth in Section 501.171, Fla. Stat. Additionally, Subrecipient must immediately notify Florida Housing in writing of the breach and any actions taken in response to such a breach. As the information becomes available the statement must include, at a minimum, the date(s) and number of records affected by unauthorized access,distribution,use,modification or disclosure of PII;Subrecipient's corrective action plan;and the timelines associated with the corrective action plan. 9. Other Provisions: a. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. b. No waiver by Florida Housing of any right or remedy granted hereunder or failure to insist on strict performance by Subrecipient shall affect or extend or act as a waiver of any other right or remedy of Florida Housing hereunder or affect the subsequent exercise of the same right or remedy by Florida Housing for any further or subsequent default by Subrecipient.A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. c. Any power of approval or disapproval granted to Florida Housing under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. d. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. 702 IN WITNESS WHEREOF,the parties have executed this Agreement Number 064-2020,each through a duly authorized representative,effective on the Effective Date. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Name/Title: Date: FEIN: FLORIDA HOUSING FINANCE CORPORATION By: Name/Title: Date: i I 703 CORONAVIRUS RELIEF FUND(CRF) SUB-GRANTEE AGREEMENT THIS FUNDING AGREEMENT("Agreement") is entered between ("Sub-Grantee"), a public/private non-profit/for-profit corporation operating under the laws of the State of Florida, whose corporate headquarters' mailing address is , and ("LG"), a political subdivision organized under the laws of the State of Florida. Upon execution by both parties, this Contract shall become effective as of the date the last party signs ("Effective Date"). WITNESSETH: WHEREAS,the Coronavirus(COVID-19)emergency has caused disruption in Florida's economy leading to high rates of unemployment and business closures; WHEREAS, Many Floridians are in need of assistance with rental payments, mortgage payments and home repairs; WHEREAS, the State of Florida has been awarded funds pursuant to, section 601(d) of the Social Security Act,as amended by section 5001 of the Coronavirus Aid,Relief,and Economic Security(CARES) Act, Pub. L. No. 116-136,div.A,Title V(Mar.27, 2020); WHEREAS,a portion of the CARES Act Funds(designated the"Coronavirus Relief Funds"or"CRF funds") has been distributed to the City/County under a written Subrecipient Agreement with the Florida Housing Finance Corporation; WHEREAS,the Sub-grantee has legal authority to enter into this agreement and possesses the experience and ability necessary to conduct and perform the services which is the subject of this Agreement and agrees to use such experience and ability in its execution and completion of this Agreement for the benefit of the City/County and has been selected as a qualified Sub-Grantee to carry out the scope of work identified in this agreement; WHEREAS, the Sub-Grantee and City/County wish to enter into this Agreement which will govern the disbursement and expenditure of CRF funds; NOW,THEREFORE,in consideration of the foregoing,the parties hereto agree as follows: A. Recitals: The recitals stated above are true and correct, are incorporated herein, and form an integral part of this Agreement. B. Definitions: 1. "Administrative Expenditures" means funds, not to exceed of the contract award, expended by Sub-Grantee to carry out the activities of CRF. This expense may include salaries and benefits of staff, office supplies and equipment, required travel, advertising, recording costs. 2. "Annual income" means annual income as defined under the Section 8 housing assistance 704 payments programs in 24 C.F.R.part 5. 3. "Eligible Housing" means any real and personal property located within the county or eligible municipality which is designed and intended for the primary purpose of providing decent, safe, and sanitary residential units that are designed to meet the standards of the Florida Building Code or previous building codes adopted under Chapter 553, Fla. Stat., or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the Department of Highway Safety and Motor Vehicles. Properties that receive rehabilitation or repair under this program must meet the definition of eligible housing. 4. "Eligible Persons" or "Households" means one or more natural persons or a family determined by Sub-Grantee to be earning not more than 120% of the area median income according to the income limits adjusted to family size published annually by Florida Housing. 5. "Eligible Sponsor" means a person or a private or public for-profit or not-for-profit entity that applies for an award under CRF for the purpose of providing Eligible Housing for Eligible Persons. 6. "Expended" means the affordable housing activity is complete. 7. "Program Income" means proceeds derived from interest earned on or investment of the funds, proceeds from loan repayments, recycled funds,and all other income derived from use of CRF funds that must be returned to the local government by the Sub-Grantee or sponsor. 8. "Project Delivery Costs" means those costs related to the delivery of housing related services to an eligible applicant that are not included as part of Administrative Expenditures. 9. "Sub-Grantee" means a person or organization contracted by the City/County that is compensated with CRF funds to provide administration of any portion of the CRF. 3. Allocation and Use of Funds: a. Amount of Funds Available to Sub-Grantee: The total funds made available to Sub-Grantee under this Agreement is:$ b. Disbursement of Funds to Sub-Grantee: The available funds will be disbursed to Sub- Grantee for activities described in Item 3.d., below. Funds will be disbursed on a reimbursement basis.50%of the funds provided must be expended by and 100% of the funds provided must be expended no later than . If the local government determines that the Sub-Grantee has failed to make satisfactory progress in meeting the requirements of this Agreement or has otherwise failed to satisfactorily perform under the terms of this Agreement, the local government may terminate this agreement providing 10 days written notice to the Sub-Grantee for failure to comply with the terms of the agreement and/or the projected accomplishments defined in Attachment A. The Sub-Grantee, at the discretion of the City/County may provide a written plan to address the issues prepared by the Sub-Grantee and submitted to City/County for approval. 705 c. Establishment of CRF Trust Fund: Sub-Grantee must establish and maintain a CRF trust fund or a pooled account where CRF funds are clearly designated. d. Expenditure of Funds by Sub-Grantee: CRF funds shall be Expended by Sub-Grantee for the following: i. Direct CRF Administrative Expenditures and Project Delivery Costs incurred on or after March 1,2020 in an amount no more than a cumulative percent of CRF funds incurred by Sub-Grantee, a consultant to Sub-Grantee, and/or a Sponsor. CRF funds shall not be used to pay for Administrative Expenditures and Project Delivery Costs incurred prior to March 1,2020. ii. Housing counseling services, direct rental assistance, relocation costs and awards to assist Eligible Housing for Eligible Persons or Households or Eligible Sponsors. iii. CRF funds may be used for the following pre-approved program purposes or activities: 1.Rental assistance payments(including back rent,deposits and utility payments); 2.Mortgage payments and buydowns; 3.Emergency repair of housing; 4.Assistance to homeowners to pay insurance deductibles; 5.Housing re-entry assistance,such as security deposits, utility deposits, and temporary storage of household furnishings; 6.Foreclosure or eviction prevention, including mortgage payments,monthly rent and associated fees; and 7.Homeownership,foreclosure and eviction prevention counseling. All other activities must be presented in writing to the City/County and approved in writing prior to implementation. e. Term: The period of performance for this grant is March 1, 2020 — December 30, 2020. In executing this Agreement, Sub-Grantee is certifying that all CRF funds will be Expended by December 30, 2020. The term of this agreement will be from the Effective Date through March 31,2021. f. Advertisement of Availability of Funds:CRF funding availability shall be advertised by Sub- Grantee in newspaper,website, Facebook,flyers or other method with outreach to as many eligible persons as possible reaching racially, ethnically and income diverse neighborhoods, at least 10 days before the beginning of the application period.This 10-day period does not prevent assistance to applicants that have already applied and been determined eligible prior to the application period.At a minimum,the advertisement shall contain: I. The amount of funds projected to be received from the state for the fiscal year(s). II. The beginning and ending date of the application period; Ill. The name of the contact person and other pertinent information where applicants may apply for assistance(phone number,address,email,and hours of operation); IV. Copies of all outreach shall be retained and provided the City/County upon request. g. Repayments: 706 i. The Sub-Grantee shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the eligible period of performance. The Sub- Grantee shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the period of performance. ii. The Sub-Grantee shall refund to the City/County any unobligated funds which have been advanced or paid to the Sub-Grantee upon termination of this Agreement. iii. Any unexpended funds under this Agreement, including unexpended program income earned, must be returned to the City/County upon termination of this Agreement. iv. Upon termination of this Agreement, or upon any determination made indicating such, the Sub-Grantee shall refund to City/County any funds paid in excess of the amount to which the Sub-Grantee or its contractors, subcontractors, or consultants are entitled under the terms and conditions of this Agreement. v. The Sub-Grantee shall refund to the City/County any funds not spent in accordance with the conditions of this Agreement or applicable law.Such reimbursement shall be sent to the City/County within 15 calendar days from Sub-Grantee's receipt of notification of such non-compliance. vi. The Sub-Grantee's obligations under this section will survive the termination of the Agreement. h. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards." i. Single Audit Act: Funds payments are considered to be federal financial assistance subject to the Single Audit Act (31 U.S.C. §§ 7501-7507) and the related provisions of the Uniform Guidance. The Sub-Grantee shall conduct a single or program-specific audit in accordance with the provisions of 2 C.F.R. Part 200 and the related provisions of the Uniform Guidance, if it expends more than $750,000 or more in Federal awards from all sources during its fiscal year.The Catalog of Federal Domestic Assistance(CFDA)number for these funds is 21.019. 4. Application for CRF Eligible Person or Household Assistance: Sub-Grantee shall establish criteria for CRF assistance and develop an application for CRF eligibility. a. The application for assistance should contain all the necessary information to determine whether an applicant household is potentially eligible for CRF assistance. In accordance with the provisions of Sections 760.20-760.37, Fla. Stat., it is unlawful to discriminate on the basis of race, religion, color, sex, familial status, national origin, or handicap in the award application process for Eligible Housing. b. At a minimum, an application for program assistance should contain the following items for each household members: i. The number of people residing in the household including name,age,relationship to head of household,current address and home phone number; ii. Name and address of employer(s), work phone number(s), position title and number of years on job with employer; 707 iii. Sources of annual income,including earned, unearned and asset income,and a statement signed byall of the adults who reside in the household consenting to the disclosure of information for the purpose of verifying income and assets for determining income eligibility for program assistance. iv. A signed statement indicating that the applicant understands that all information provided is subject to Florida's public records laws. v. A statement that it is a first-degree misdemeanor to falsify information for the purpose of obtaining assistance. 5. Allowable Rental Assistance (Subsidies):Assistance may be provided as direct rental assistance to Eligible Persons in any of the following manners: a. Security and utility deposit assistance to secure temporary or permanent rental housing;or b. Eviction prevention not to exceed 10 months' rent;or c. A rent subsidy program for income eligible households that are displaced from rental units that are uninhabitable. 6. Allowable Mortgage Payments: Mortgage payment assistance may be awarded to eligible applicants. This may include principle and interest, insurance, and homeowner association fees. Real Estate taxes can be part of PITI to the lender. 7. Income Categories:All households assisted must be at or below 120%of the area median income. 8. CRF Eligible Person Award Terms: CRF funds awarded directly to Eligible Persons must be in the form of a grant,deferred loan or hard pay loan. 9. Reporting Requirements: The Sub-Grantee must provide City/County with monthly reports beginning on September 15, 2020 and a closeout report by February 5, 2021. These funds must include the current status and progress of the expenditure of funds under this Agreement, in addition to any other information requested by the City/County. All funds must be accounted for on the CRF Data Upload Form as provided by City/County.Quarterly reports are due to City/County no later than 10 days after the end of each quarter. The first quarterly report due pursuant to this agreement is due for the quarter ending September 15, 2020. 10. Program Compliance a. File Management and Record Retention relating to CRF Eligible Persons or Sponsors: Sub- Grantee must maintain a separate file for every applicant, Eligible Person, subrecipient or Sponsor, regardless of whether the request was approved or denied. i. Contents of File: Each file must contain sufficient and legible documentation.Documents must be secured within the file and must be organized systematically. ii. Record and File Retention: The Sub-Grantee is required to retain records and other relevant documentation for each applicant, Eligible Person, Subrecipient or Sponsor for five fiscal years after funds have been expended or five years after the expiration of a use restriction agreement. and accounted for and/or satisfaction of loans,whichever is later, provided applicable audits have been released. 708 1. The minimum requirements for documentation of award depends upon the type of assistance awarded and the funding sources. Every file should contain a section of notes and a file checklist, which tracks the efforts and progress of obtaining necessary documents.The checklist is a useful tool for all persons who must have access to the file. However, this checklist may be modified to accommodate the need for additional documentation. 2. Eligible Sponsors(developers)who are awarded funds have the responsibility for maintaining clear and accurate files on project recipients and activities. Sub- Grantee must monitor the Eligible Sponsors files on a regular basis to ensure that all information is collected that will be needed for reporting. Sub-Grantee's housing administrator must also review the file documentation to ensure that assistance is awarded to Eligible Persons and that all project activities conform to program requirements. 3. In cases where a Sub-Grantee is used to administer CRF,Sub-Grantee is ultimately responsible for program compliance. 4. All other records that document the award or expenditure of CRF funds must be retained for five fiscal years after the funds have been expended or five years after the expiration of a use restriction agreement and accounted for and/or satisfaction of loans, whichever is later, provided applicable audits have been released. This means that for cases that were assisted Sub-Grantee must retain all records no less than five years after the loan has been satisfied, provided audits have been released, whichever is later. Housing records of this type include, but are not limited to: a. applications; b. program and set-aside records; c. housingagreements; d. income verifications and e. other records as required by the City/County, Florida Housing or federal, state and local law or regulations. 5. Records must be retained in electronic form. The standards used must comply with the Florida Administrative Code. Local record retention requirements may be stricter than the State. iii. Access to Files: Florida Housing Finance Corporation, the City/County or any duly authorized representative shall be permitted to inspect any files relating to CRF Eligible Person or Sponsors including but not limited to advertisements, applications, income verifications and certifications, plan participation contracts, financial records, tracking system records, construction cost verification including receipts and contracts, rental development annual reviews, Eligible Sponsor reviews, Eligible Sponsor award lists, CRF fund recipient lists, and any other applicable documents at any reasonable time with or without notice. Such records shall be maintained within the participating county or eligible municipality at a place accessible to the City/County staff or its designated monitoring agent. b. Files Management and Record Retention relating to Sub-Grantee and Administration of this Agreement: i. The Sub-Grantee shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the City/County under this Agreement. 709 ii. Contents of the Files: Sub-Grantee must maintain files containing documentation to verify all compensation to Sub-Grantee in connection with this Agreement, as well as reports, records, documents, papers, letters, computer files, or other material received, generated, maintained or filed by Sub-Grantee in connection with this Agreement. Sub- Grantee must also keep files, records, computer files, and reports that reflect any compensation it receives or will receive in connection with this Agreement. iii. Record and File Retention: Sub-Grantee must maintain these files for five years after the end of the applicable fiscal year,except that,if any litigation,claim or audit is commenced with respect to the transactions documented by such files before the end of the aforementioned five-year period and extends beyond the expiration of the five-year period, these files must be retained until all litigation, claims, or audit findings involving the files have been resolved. iv. Access to the Files: As a condition of receiving state or federal financial assistance, and as required by sections 20.055(6) and 215.97(5), Fla. Stat., the City/County, Florida Housing, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives shall enjoy the right to access any documents, financial statements, papers, or other records of the Sub-Grantee that are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Upon reasonable notice, Sub-Grantee and its employees shall allow t h e City/County,Florida Housing or its agent(s)access to its files and personnel for interview purposes during normal business hours, 9:00 a.m.to 5:00 p.m., Monday through Friday, provided such day is not a holiday. v. Return of the Files: In the event this Agreement is terminated, all finished or unfinished documents, data, studies, computer files, correspondence, and other products prepared by or for Sub-Grantee under this Agreement must be submitted to the City/County within 10 days of such termination at the expense of Sub-Grantee. c. Compliance Monitoring: Sub-Grantee must be subject to compliance monitoring during the period of performance in which funds are Expended and up to three years following the closeout of all funds. In order to assure that the program can be adequately monitored, the following is required of Sub-Grantee: i. Sub-Grantee must maintain a financial tracking system provided by City/County that ensures that CRF funds are Expended in accordance with program requirements, deadlines,and other requirements in this agreement. ii. Sub-Grantee must maintain records on all awards to Eligible Persons or Sponsors. These records must include,if applicable, but are not limited to: 1. Proof of income compliance; 2. Proof of homeownership; 3. Proof of use of FEMA proceeds; 4. Documentation of all required inspections including mold remediation and wood destroying organisms; 5. Documentation of any required remediation; 6. Certificate of Occupancy; 7. Placed in Service documentation; 8. Proof of contract or eligibility; 9. Documentation of payments made on the award; and 10. Documentation of the value/sales price of the unit,as applicable. 710 d. Cooperation with Inspector General: Sub-Grantee understands its duty, pursuant to Section 20.055(5), Fla. Stat., to cooperate with the City/County, Florida Housing's Inspector General in any investigation, audit, inspection, review, or hearing. Sub-Grantee will comply with this duty and ensure that any contracts issued under this Agreement impose this requirement, in writing,on its subcontractors. e. Technical Assistance:Training and technical assistance is available to Sub-Grantee to assist in the development and implementation of the CRF.This technical assistance shall be provided by City/County staff and Florida Housing's Catalyst contractor. f. Program Income: Program Income realized by Sub-Grantee prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, funds realized as Program Income must be returned to the City/County. g. Recaptured Funds: Recaptured Funds realized by Sub-Grantee prior to the final closeout of CRF must be deposited and used for eligible CRF activities. After final closeout of CRF, Recaptured Funds must be returned to the City/County. 11. Contacts City Sub-Grantee 12. 2 CFR Appendix II to Part 200-Contract Provisions for Non-Federal Entity Contracts Under Federal Awards- In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following,as applicable. (A)Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B)All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60- 1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards 711 Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or Sub-Grantee must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or Sub-Grantee wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub-Grantee must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (F) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (G)Debarment and Suspension (Executive Orders 12549 and 12689)-A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 712 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (H) Byrd Anti-Lobbying Amendment. (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (I) See§200.322 Procurement of recovered materials. [78 FR 78608, Dec. 26,2013,as amended at 79 FR 75888, Dec. 19, 2014] 13. Default and Remedies a. If any of the events listed in subparagraph 2. of this section occur, all obligations on the part of City/County to continue doing business with Sub-Grantee or assign any future transaction to Sub-Grantee shall, if City/County so elects, terminate and City/County may,at its option, exercise any of its remedies set forth herein, or as otherwise provided by law. However, the City/County may continue doing business with the Sub-Grantee as a participant after the happening of any event listed in subparagraph 2. of this section without waiving the right to exercise such remedies, without constituting a course of dealing, and without becoming liable to include the Sub-Grantee in the transaction or any future transaction. b. The Events of Default shall include, but not be limited to,the following: i. If any report, information or representation provided by Sub-Grantee in this Contract is inaccurate,false or misleading in any respect; ii. If any warranty or representation made by Sub-Grantee in this Contract or any other outstanding agreement with City/County is deemed by City/County to be inaccurate, false or misleading in any respect; iii. If Sub-Grantee fails to keep,observe,or perform any of the terms or covenants contained in this Contract,or is unable or unwilling to meet its obligations as defined in this Contract; iv. If,in the sole discretion of City/County,Sub-Grantee has failed to perform or complete any of the services identified in the attachments; v. If Sub-Grantee has not complied with all Florida laws,federal laws, City/County rules or City/County policies applicable to the work; vi. If Sub-Grantee has discriminated on the grounds of race, color, religion, sex, national origin,or disability in performing any service identified in the attachments; vii. If Sub-Grantee does not comply with the terms and conditions set forth in Section 713 420.512(5), Fla.Stat.; viii. If Sub-Grantee commits fraud in the performance of its obligations under this Contract; or ix. If Sub-Grantee refuses to permit public access to any document, paper, letter, computer files,or other material subject to disclosure under Florida's Public Records Law. Upon the occurrence of any Event of Default listed in subparagraph 2. above,City/County will provide written notice of the Default detailing the grounds that constitute the Event of Default. c. Upon the occurrence of any Event of Default listed in subparagraph 2.above,City/County may provide Sub-Grantee a reasonable period of time to cure the Event of Default (Cure Period). If City/County provides a Cure Period,City/County will notify the Sub-Grantee of the length of the Cure Period in the Notice of Default. d. If City/County provides a Cure Period and if the Sub-Grantee is unable or unwilling to cure the Event of Default within the Cure Period, City/County may exercise any remedy permitted by law. The pursuit of any one of the following remedies shall not preclude City/County from pursuing any other remedies contained herein or otherwise provided at law or in equity. The remedies include, but are not limited to the following: i. City/County may terminate the Contract on the 10th day after Sub-Grantee receives the Notice of Default or upon the conclusion of any applicable Cure Period,whichever is later; ii. City/County may commence an appropriate legal or equitable action to enforce performance of the terms and conditions of this Contract; City/County may exercise any corrective or remedial actions including, but not limited to, requesting additional information from Sub-Grantee to determine the reasons for or the extent of non-compliance or lack of performance,issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Sub- Grantee to suspend, discontinue or refrain from incurring fees or costs for any activities in question or requiring the Sub-Grantee to reimburse City/County for the amount of costs incurred;or iii. City/County may exercise any other rights or remedies that may be otherwise available under law. 14. Termination a. City/County may terminate the Agreement, without cause, at any time upon 24-hour written notice delivered by courier service or electronic mail to the Sub-Grantee, from the date sent from City/County. b. The Sub-Grantee may terminate this Agreement, without cause; at any time upon 10 days written notice delivered by courier service or electronic mail to City/County at the physical or electronic address, as applicable, of 714 The Sub-Grantee shall be responsible for all costs arising from the resignation of the Sub-Grantee. c. Upon expiration or termination of this Agreement,the Sub-Grantee shall transfer to City/County any CRF funds on hand at the time of expiration or termination, and any accounts receivable attributable to the use of CRF funds. 15. General Provisions a. Compliance with all Applicable Laws and Regulations: Sub-Grantee must comply with all applicable federal, state and local laws, rules, regulations, and ordinances in administering CRF under this Agreement. Sub-Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal,state, and local health and safety rules and regulations. Sub-Grantee further agrees to include this provision in all contracts with Eligible Persons,Subrecipients,Sponsors or subcontracts issued as a result of this Agreement. Sub-Grantee's failure to comply with any part of this provision is material and must be grounds for termination of this Agreement for cause by City/County. b. Indemnification: Nothing contained in this Agreement shall be construed to be a waiver by either party of any protections under sovereign immunity, Section 768.28 Florida Statutes,or any other similar provision of law. Nothing contained herein must be construed to be a consent by either party to be sued by third parties in any matter arising out of this Agreement or any other contract. c. Insurance: Sub-Grantee agrees to carry liability and other appropriate forms of insurance. City/County shall have no liability except as specifically provided in this Agreement. d. Severability: If a court deems any provision of this Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. e. Entire Agreement: This Agreement, and all exhibits annexed hereto which are incorporated herein by reference,collectively represent the entire agreement of the parties and the same supersedes any and all previous agreements of any kind. Any alterations,variations, changes, modifications, or waivers of provisions of this Agreement shall be valid only if reduced to writing,duly signed by all of the parties hereto,and attached to the original of this Agreement. f. Lobbying: In accordance with Section 216.347, Fla. Stat., Sub-Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, Fla. Stat., no state funds,exclusive of salaries, travel expenses,and per diem,appropriated to,or otherwise available for use by, any executive, judicial, or quasi-judicial department shall be used by any state employee or other person for lobbying purposes. g. Files Subject to Florida's Public Records Law: Any file, report, record, document, 715 paper, letter, or other material received,generated, maintained or sent by Sub- Grantee in connection with this agreement is subject to the provisions of Section 119.01-.15, Fla. Stat., as may be amended from time to time (Florida's Public Records Law).Sub-Grantee represents and acknowledges that it has read and understands Florida's Public Records Law and agrees to comply with Florida's Public Records Law. h. If Sub-Grantee has questions regarding the application of Chapter 119, Florida Statutes,to Sub-Grantee's duty to provide public records relating to this contract,contact i. Personally Identifiable Information (PII);Security: 1. If Sub-Grantee or any of its subcontractors may or will create, receive,store or transmit PII under the terms of this Agreement, Sub-Grantee must provide for the security of such PII, in a form acceptable to City/County , without limitation, non-disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. Sub-Grantee shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors and shall hold City/County harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. 2. If Sub-Grantee or any of its subcontractors may or will create, receive,store or transmit PII under the terms of this Agreement, Sub-Grantee shall provide City/County with insurance information for stand-alone cyber liability coverage, including the limits available and retention levels. If Sub-Grantee does not carry stand-alone cyber liability coverage, Sub-Grantee agrees to indemnify costs related to notification, legal fees, judgments,settlements,forensic experts,public relations efforts, and loss of any business income related to this Agreement. 3. Sub-Grantee agrees to maintain written policies and procedures for PII and/or data classification. This plan must include disciplinary processes for employees that violate these guidelines. 4. Sub-Grantee agrees at all times to maintain reasonable network security that,at a minimum, includes a network firewall. 5. Sub-Grantee agrees to protect and maintain the security of data with protection security measures that include maintaining secure environments that are patched and up to date with all appropriate security updates as designated by a relevant authority (e.g. Microsoft notifications, Common Vulnerabilities and Exposures (CVE) database, etc.) Sub-Grantee agrees that PII shall be appropriately destroyed based on the format stored upon the expiration of any applicable retention schedules. 6. Sub-Grantee agrees that any and all transmission or exchange of 716 system application data with City/County and/or any other parties shall take place via secure Advanced Encryption Standards (AES), e.g. HTTPS, FTPS, SFTP or equivalent means. All data stored as a part of backup and recovery processes shall be encrypted, using AES. 7. If Sub-Grantee reasonably suspects that a cybersecurity event or breach of security has occurred, they must notify City/County Contract Administrator within 48 hours. 8. In the event of a breach of PII or other sensitive data, Sub- Grantee must abide by provisions set forth in Section 501.171, Fla. Stat. Additionally, Sub-Grantee must immediately notify City/County in writing of the breach and any actions taken in response to such a breach. As the information becomes available the statement must include, at a minimum, the date(s) and number of records affected by unauthorized access, distribution, use, modification or disclosure of PII; Sub- Grantee's corrective action plan; and the timelines associated with the corrective action plan. J.Other Provisions: 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in County. 2. No waiver by City/County of any right or remedy granted hereunder or failure to insist on strict performance by Sub-Grantee shall affect or extend or act as a waiver of any other right or remedy of City/County hereunder or affect the subsequent exercise of the same right or remedy by City/County for any further or subsequent default by Sub-Grantee.A waiver or release with reference to any one event shall not be construed as continuing or as constituting a course of dealing. 3. Any power of approval or disapproval granted to City/County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 4. The Agreement may be executed in any number of counterparts,any one of which may be taken as an original. IN WITNESS WHEREOF,the parties have executed this Agreement,each through a duly authorized representative,effective on the Effective Date. City/County By: Name/Title: Date: FEIN: 717 Sub-Grantee By: Name/Title: 718 ATTACHMENTA PROJECT INFORMATION, DESCRIPTION AND SCOPE OF WORK PROJECTED ACCOMPLISHMENTS ACTIVITY NUMBER OF PROJECT ENCUMBERED NUMBER OF PROJECTED END DATE HOUSEHOLDS ENCUMBERED END DATE HOUSEHOLDS EXPENDED ENCUMBERED AMOUNTS EXPENDED AMOUNTS Rent Mortgage Utilities TOTAL This following chart demonstrates the goals of program expenditures by month. Per the Agreement, if the Sub-grantee fails to meet these goals,the City/County may terminate the Agreement and exercise any legal action authorized by the Agreement. MONTH TOTAL RENTERS HOMEOWNERS TOTAL RENTAL MORTGAGE NUMBER OF ASSISTED ASSISTED AMOUNT ASSISTANCE ASSISTANCE HOUSEHOLDS EXPENDED PROVIDED PROVIDED ASSISTED ($) ($) ($) August 2020 September 2020 October 2020 November 2020 December 2020 SECTION 1—Project. A. Subject to the terms of this Agreement,the City/County shall pay to the Sub-grantee a sum of money not to exceed$ hereinafter referred to as a GRANT of which $ shall be used by the Sub-grantee to provide Rental Assistance,to eligible and qualified persons. B. Rental Assistance Program: In this subsection, list the terms of the program. Include items such as income eligibility, amount paid per applicant, grant terms,prioritizationof funds(if any), and other items. For example, renters at %or below AMI will be eligible for a grant not to exceed$ for a period of months. C. Mortgage Assistance Program 719 D. Additional activities to be performed shall include: 1. Accept and process applications,verify income and assets in accordance with 24 CFR Part 5.609. Staff is encouraged to view pre-recorded webinars on determining income eligibility and income certification provided by the Florida Housing Coalition on their website www.flhousing.org and attend free training as may be available from time to time. 2. Create a file for each eligible applicant and maintain all applicant documentation related to client eligibility, agreements,and closeout documents. 3. Submit a complete file including the application (ATTACHMENT D),file checklist(ATTACHMENT E), income and assets documentation or self certification,for each eligible applicant to the [City/County for approval of file. 4. Submit copy of tenant lease or other proof of tenancy, if applicable. 5. Submit proof of COVID impact. 6. Submit proof on unemployment or underemployment. 7. Submit proof of rent paid. 8. Submit proof of utilities paid. 9. Submit monthly and quarterly reports(see Agreement for reporting requirement details)on the progress of each case including client name,address,status, income category, household size, expenditures and comments. 10. Identify what steps are to be taken in each case to mitigate any problem(s)detected. 11. The City/County will monitor the progress of the Sub-grantee on a monthly and quarterly basis to ensure that the agency is encumbering and expending funds and complying with set aside requirements. The City/County has a right to review all files, conduct monitoring visits and request documents associated with the file during review. Reviews can be remote or on site. SECTION 2—GRANT PAYMENT PROCEDURES In this subsection,specify additional grant payment procedures, if any additional items are not included elsewhere in the Agreement. 720 ATTACHMENT B REQUEST FOR PAYMENT Sub-grantee Name Sub-grantee Address Sub-grantee Contact Name Sub-grantee Contact e- mail Sub-grantee contact phone Activity COVID-19 Disaster Assistance Funding Source CRF FY Total Grant Awarded Payments Request to date Amount of this request Balance of Grant as of this invoice Applicant Name Applicant Address File No Activity Type Amount paid to date for this file Contract Amount Total case budget Total Paid to date Balance Payment Request Number Amount of request Activity 721 ATTACHMENT C INSURANCE REQUIREMENTS ATTACHMENT D APPLICATION ATTACHMENT E FILE CHECKLIST ATTACHMENT F INCOME CERTIFICATION 722 12.A.2. 08/18/2020 Board of County Commissioners August 18, 2020 Consideration of Coronavirus Relief Fund (CRF) Agreement with Florida Housing Finance Corporation (FHFC), Consideration of Local Parameters for Fund Utilization, and Consideration of County Staffing and Outside Agency Assistance to Administer the Program Overview • Florida Housing Finance Corporation (FHFC) allocated $250 million from the Coronavirus Relief Fund (CRF) • $120 million may be used for rent and mortgage assistance, related expenses, and housing rehabilitation by State Housing Initiative Partnership(SHIP)jurisdictions. • First Round: $75 million Statewide; $572,301 to Indian River County (upon signing agreement) • Second Round: $45 million Statewide; Indian River County portion TBD • Will occur no later than October 15th 2020. • Based upon updated re-employment figures and local government performance in spending. • Up to 10%of which may be used to cover Administration Costs ($57,230.10). • Must be fully expended by no later than December 30, 2020. 12V1 12.A.2. 08/18/2020 Activities Options Per FHFC - County may select from the following list: 1. Rental assistance payments (including back rent, deposits and utility payments); 2. Mortgage payments and buydowns; 3. Emergency repair of housing; 4.Assistance to homeowners to pay insurance deductibles; 5. Housing re-entry assistance, such as security deposits, utility deposits, & temporary storage of household furnishings; 6. Foreclosure or eviction prevention, including monthly rent and associated fees; and 7. Homeownership counseling. Staff Recommendation Focus on mortgage and rental payments, including deposits for housing re-entry assistance, and back payments and current monthly payments. • Limited amount of funding • Complexities of administering multiple activities in a short time frame Maximum Household Assistance • No capset byagreement or federal rules(local decision) g • Limited amount of funding • Anticipated high demand Staff Recommendation • Rental and Mortgage Assistance: Establish a cap of no more than $1,500 in assistance per household per month for 3 months (no more than $4,500 in total assistance per household). • Minimum of 114 households could be assisted with the first round of funding $515,070.90/$4,500= 114 Households • Additional households could be assisted with 2nd round of funding 112 - 2 • . 12.A.2. 08/18/2020 • • Other Program Detait - . . ,. . .• . . . .. .. - . Household Income Eligibility ii :Agreement/Federal_iRules ' Sets4 cap for assistance for;households:earning up to;120%;of:Area°Median'Income...(AMI) _• County,imayaarget•lower;rncomegroups StaffRecommendation . •=Based ::on..research„,co:mp.leted—thi i .............................................:.Affo.rdable...l usin Adviso..y . , g:.. ry :: Committee :(A''HAC);:::and the;:limited:°funds.iavailable;:-staff:recommends°:thatli the:County .set€.a. ' . .household:`assistant caps[of SOWbf:AM I. ' Advertisement - _ €Agreement/:Federal'Rules+andStaffRecommendation Staff:pro:poses to:.follow:::;the FHF..C's..most:rece:nt guidance::and:;advertise::[on the;:Co:untywebsite; . .. issue apress release €andswo.rk:directly.with wait lists of:clients.and_partner:programs . Tasks , - . . . ... - , . . . , . , . . , . , , . . . , . . • °°Handle initial'phone callis.::.:.:.:::::": :'::.:...:i Work :with mortgage companies; lenders;:and:'Iandlor:ds toobtain proper.:: Developapplicationntake . :idocumentation:forpayments • rocesses' automated. • R ° evf iew applications or :Prepare:monthly reports for:state . completeness .. . Wo:rkwith:'applicants to:pr..op:erly. •..°D:evelop:sp:readsheets tomaintain and..... complete applications trackactivities:and:payments . Assistapp:licants insubm: itting Retainrrecords.fo:r 5.years appropriateback=up , documentation ; • • • 122`s . 12.A.2. 08/18/2020 Staffing/Admin . County Staffing/Administration: • SHIP Administrator(Chief of Long Range Planning) • One Temporary Staff(former SHIP employee) • Possible Staff from other departments/sections(Rental Assistance Section,Others) Outside Agency Assistance: • Florida Housing Finance Corporation Anticipated the need—Prepared template sub-grantee agreement • Some discussions with potential partners Recommendation Staff recommends that the BCC: 1. Approve the CRF Agreement with the FHFC; 2. Approve the parameters of the program outlined in the agreement and staff report; 3. Authorize the County Administrator or his designee to make adjustments to the program activities to address needs of the community; 4. Authorize staff to proceed with the program for any additional funding that is received from the state (including a second anticipated round of funding, and any potential future allocation from the state); and 5. Authorize the County Administrator to negotiate sub-grantee agreements with any interested partner agencies using the template agreement from the FHFC and authorize the County Administrator to allocate allowable CRF Grant Administration funds to those agencies. �l Z2-04 t1 DEPARTMENTAL INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E.Brown, County Administrator THROUGH: Richard B. Szpyrka P.E.,Public Works Director FROM: Keith McCully, P.E. Stormwater Engineer HtAA SUBJECT: Recommendation Regarding Construction Bids for Moorhen Marsh Low Energy Aquatic Plant System (Bid#2020030) DATE: August 11,2020 DESCRIPTION AND CONDITIONS In early 2016, the Board of County Commissioners authorized staff to conduct a yearlong pilot plant study in the Indian River Farms Water Control District's North Relief Canal, to determine if it was feasible to construct a regional stormwater and canal water pollution removal system adjacent to the canal, west of 58th Avenue. The completed pilot plant study indicated that a pollutant removal system incorporating water lettuce plants as its main treatment mechanism could remove a notable amount of dissolved nitrogen and phosphorus from the canal water, aiding the County's efforts to meet upcoming pollutant loading criteria to be established by Florida Department of Environmental Protection (FDEP) regarding flows into the Indian River Lagoon. Subsequently, the County purchased approximately eighteen acres abutting the North Relief Canal at the northeast corner of the intersection of 53rd Street and 66th Avenue. Stormwater Division staff then proceeded to design the Moorhen Marsh Low Energy Aquatic Plant System (Moorhen Marsh). The Moorhen Marsh design represents a realistic utilization of the County's 18.03-acre project site and maximizes yearly nitrogen and phosphorus removal on a per square foot of available property basis. Final design is complete and all major permits secured. The project was bid for construction on June 1, 2020. Bids were received on July 14, 2020. Four bids were received and all four had math errors in the bid form although none of the errors affected mathematical ranking. Bid totals with corrected amounts are: Bidder Corrected Bid Amount Prime Construction Group, Inc. $11,966,000.00—apparent low bid Allen Concrete&Masonry, Inc. $12,455,633.86 WPC Industrial Contractors, LLC $13,969,291.39 West Construction, Inc. $15,484,093.56 A bid protest was filed on July 21, 2020, by Allen Concrete & Masonry, Inc., claiming Prime Construction Group, Inc. (PRIME) is not a qualified bidder. A copy of the protest letter and the Purchasing Manager's response are included as Attachments A and B, respectfully. 723 The Engineer's Estimate of Probable Construction Cost was $10,000,000 which was believed to be conservative. Unfortunately, the construction bids were much higher than anticipated, with the low bid being twenty percent greater than the conservative estimate. This prompted Stormwater Division staff to investigate if other water treatment options or a combination of options, are available that might yield nutrient removal results similar to Moorhen Marsh. Three alternatives were compared to Moorhen Marsh and the analysis is presented in Attachment C and summarized below. Summary of Moorhen Marsh Alternatives Analysis Three alternatives (options)were compared to Moorhen Marsh: • Option 1 — Use a super long reach excavator to harvest water lettuce directly from specific locations in the North and South Relief Canals. • Option 2 — Construct a basic water lettuce scrubber system on the Moorhen Marsh property. • Option 3—Combine Options 1 and 2. Table 1 ranks Moorhen Marsh and the options with respect to estimated yearly total nitrogen (TN) and total phosphorus (TP)removal and Table 2 ranks them with respect to yearly estimated costs to remove the nutrients. Table 1 —Nutrient Removal Rankings Yearly Nutrient Removal Ranking Total Nitrogen Total Phosphorus #1 (Greatest Option 3 Option 3 Removal) 10,700 pounds/year 1,530 pounds/year Moorhen Marsh Moorhen Marsh #2 7,600 pounds/year 1,200 pounds/year Option 1 Option 2 #3 6,000 pounds/year 800 pounds/year #4 (Lowest Option 2 Option 1 Removal) 4,700 pounds/year 730 pounds/year Table 2—Nutrient Removal Cost Rankings Yearly Nutrient Removal Cost Ranking Total Nitrogen Total Phosphorus #1 (Lowest Cost) Option 1 Option 1 $22.13 $181.91 #2 O Option 3 tion 3 P P $34.82 $243.52 #3 Option 2 Option 2 $46.91 $275.57 #4 (Highest Cost) Moorhen Marsh Moorhen Marsh $51.66 $327.21 724 Note that using a super long reach excavator (long reach) to harvest water lettuce directly from the North and South Relief Canals only considered the locations listed in Attachment C. It is likely that discussions with IRFWCD can result in identification of additional locations where the long reach excavators could be used in conjunction with IRFWCD's current dragline- oriented canal water lettuce harvesting program. If so, long reach nutrient removal quantities will increase and long reach nutrient costs per pound removed will decrease. FUNDING Funding in the amount of $10,200,000 for Moorhen Marsh is allocated in FY 19/20 and FY 20/21 of the Capital Improvement Element in Acct #31524338-066510-16018, Optional Sales Tax/Public Works/Moorhen Marsh-PC North as allocated in the following: Funding Source Amount Optional Sales Tax/Public Works/CIP-Moorhen Marsh-PC North $8,050,000 Legislative Grant $ 650,000 SJRWMD-Cost Share Grant $1,500,000 Additional funding of$2,255,633.86 will be required to fund the Moorhen Marsh project if the Board so desires. The preliminary estimate for the construction of the Basic Water Lettuce Scrubber is $5,500,000. There is currently sufficient funding allocated in FY 19/20 and FY 20/21 of the Capital Improvement Element to fund construction if the Board so desires. Funding for purchasing a super long reach excavator ($280,000) and dump truck ($180,600) is not currently budgeted. These expenditures can be funded by a budget amendment from Transportation Fund/Cash Forward-Oct 1" to Transportation Fund/Stormwater/Heavy Equipment-Wheel Track, Acct# 11128138-066430 and Transportation Fund/Stormwater/Other Machinery&Equipment,Acct#11128138-066490. RECOMMENDATION Reject all bids and implement Option 3: (1) Purchase a super long reach excavator and dump truck funded by stormwater and begin in situ canal water lettuce harvesting with the excavator (Option 1), and (2) authorize design by staff of a basic water lettuce treatment system on the Moorhen Marsh site, followed by its construction (Option 2). Staff also requests authorization to terminate the existing SJRWMD Grant for the project as requested by SJRWMD staff and apply for a new IRL Grant. This recommendation is based on the following considerations: • The Moorhen Marsh construction bids are 20 to 25 percent ($2 million to $2.5 million dollars) higher than anticipated and staff cannot justify expenditure of such a large amount of capital funds for the project. • The super long reach excavator can be utilized by IRC Road and Bridge Division when not being used for nutrient removal. This will result in a reduction of nutrient removal 725 related operation and maintenance costs and therefore, lower the cost per pound of nutrients removed. • IRC staff discussed with SJRWMD the reallocation of the existing $1.5 million SJRWMD Cost-Share Grant to the Basic Water Lettuce Scrubber project. SJRWMD staff responded that they would not be able to modify the exist Grant Scope and reallocate the funding for the redesigned project. They requested that the County request to terminate the existing Grant with the District and apply for a new Grant under the IRL Grant Program for the redesign of the project. • Staff is currently preparing an IRL Grant Program application for submission to SRJWMD under the currently open Grant application process. We believe that due to the higher estimated yearly nutrient removals and lower capital costs provided by Option 3 we will rank high in the Grant application review process. • By implementing Option 2 as part of Option 3, the 18.03-acre Moorhen Marsh site will still be utilized in a very beneficial manner. • The estimated Option 3 nitrogen and phosphorus removals exceed the anticipated Moorhen Marsh nutrient removals. • The capital costs for Option 3 will be significantly lower than the Moorhen Marsh capital costs. • The existing Moorhen Marsh headworks structure and North Relief Canal discharge designs along with other portions of the existing design can be utilized for a basic water lettuce system,reducing the basic system's total design time. ATTACHMENTS 1. Attachment A—Allen Concrete &Masonry, Inc. Protest Letter 2. Attachment B—County Purchasing Manager Letter 3. Attachment C—Alternatives Analysis DISTRIBUTION Public Works Stormwater Division County Attorney Office Purchasing Division APPROVED AGENDA ITEM FOR AUGUST 18,2020 726 ATTACHMENT A MHM MARK H. MULLER, P.A. ATTORNEY AT LAW 5150 TAMIAMt TRAIL N.,SUITE 303 NAPLES,FLORIDA 34103 TEL 239-774-1432 FAx 239-774-3426 www.MutLERLAwNAPLES.COM July 21, 2020 VIA CERTIFIED UNITED STATES MAIL AND ELECTRONIC MAIL TO: ihvde(a,ircaov.com Jennifer Hyde, Purchasing Manager Indian River County Purchasing Department Administration Building B, Room B1-301 1800 271h Street Vero Beach,FL 32960 Re: Moorhen Marsh Low Energy Aquatic Plant System Bid Number 2020030;Project Number SW-2020-001 Bid Protest by Allen Concrete& Masonry,Inc. Bid Opening Date:July 14,2020 Dear Ms. Hyde: This law firm represents Allen Concrete & Masonry, Inc. ("Allen Concrete"). Pursuant to section 7.1 of the Indian River County Purchasing Policies & Procedures (the "PP&P Manual), please accept this letter as Allen Concrete's formal written protest of the bid submitted by Prime Construction Group, Inc. for the Project described below. The Bidding Documents for the Moorhen Marsh Low Energy Aquatic Plant System (the "Project") dated June of 2020 contain detailed specifications for the Project. This bid protest concerns Section 3.01, which specifies the required qualifications for all bidders (the "Required Qualifications"). Section 3.01 states that: Because of the nature of this project, the BIDDER shall (1) be a Florida Certified General Contractor; (2) be known and recognized in the industry by its peers as a concrete construction contractor, skilled and experienced in the installation of concrete flatwork as well as concrete structures such as large pump stations,weirs, tanks, etc.; and (3) guarantee that a minimum of fifty-one (51) percent of the total billed work performed on the Project will be performed by BIDDER's bona fide employees. The bid of any BIDDER who does not meet these requirements shall be rejected. (Bold in original.) 727 A002.001 Jennifer Hyde, Purchasing Manager Indian River County Purchasing Department July 21,2020 Page 2 On July 14, 2020 the bids for the Project were opened. The lowest total bid was submitted by Prime Construction Group, Inc. ("Prime Construction") at $11,965,000.00. The second lowest total bid was submitted by Allen Concrete at $12,456,498.11. Allen Concrete believes that Prime Construction does not meet the requirements of Section 3.01 and its bid must therefore be rejected. Allen Concrete is submitting this bid protest now — even before the County has determined that Prime Construction is qualified and will be awarded the contract for the Project — in order to ensure that it has complied with the seven day time requirement in Section 7.01 of the PP&P Manual. All bidders on the Project are required to be certified general contractors. But because the primary component of the Project is the construction of large specialized concrete structures, all bidders are required to "be known and recognized in the industry by its peers as a concrete construction contractor, skilled and experienced in the installation of concrete flatwork as well as concrete structures such as large pump stations, weirs, tanks, etc." (Bold in original.) This requirement effectively splits general contractors into two categories: those that are recognized in the industry for self-performing the type of concrete work that the County is contracting for, and those that are known for merely subcontracting that type of concrete work to others. The County has gone even further with the Required Qualifications. The contractor must not only be "known and recognized"for self-performing this type of concrete work. It also must guarantee that at least 51% of the total work that is billed on the Project will be self-performed by the bidder's bona fide employees. Allen Concrete believes that Prime Construction does not meet two of the three Required Qualifications and that the County is required to reject Prime Construction's bid. First, Prime Construction is not "known and recognized in the industry by its peers as a concrete construction contractor, skilled and experienced in the installation of concrete flatwork as well as concrete structures such as large pump stations, weirs, tanks, etc." It is clear from the Required Qualifications that the County is requiring all bidders to come to the Project as skilled and experienced concrete contractors and to already employ a skilled and experienced concrete labor force. After-the-fact hiring to fill that void or to create skill and experience is obviously prohibited. Prime Construction is primarily a site work and road contractor, not a concrete contractor. It may be skilled and experienced in constructing water and wastewater treatment facilities, but Allen Concrete does not believe that Prime Construction self-performs the concrete work on those projects. Instead, Allen Concrete believes that Prime Construction generally subcontracts the concrete work to skilled and experienced concrete contractors. That is not what the County is requiring from bidders. 728 A002.001 Jennifer Hyde,Purchasing Manager Indian River County Purchasing Department July 21,2020 Page 3. Second, the bidder must guarantee that it will self-perform at least 51% of the total work to be billed. It will be virtually impossible for any bidder to comply with this requirement if it does not self-perform the concrete work on the Project. Prime Construction's bid is $11,965,000. Because that bid has not yet been released to the public or other bidders, Allen Concrete does not know the breakdown of Prime Construction's bid. However, Allen Concrete knows its own bid of$12,456,498.11. It knows that it estimated the concrete work on the Project at over$5,850,000. That is approximately 47% of Allen Concrete's total bid. The same should be true for Prime Construction's bid. The supply and installation of the Geosynthetic Clay Liner on the Project is required to be performed by a specialized subcontractor. The concrete work and GCL work alone clearly exceed 50% of the total work to be billed. In addition to the foregoing, Prime Construction asked Allen Concrete to submit a subcontractor bid to Prime Construction for the concrete scope of work on the Project. Prime Construction also verbally told Allen Concrete that it was going to subcontract the concrete scope of work on the Project. While Allen Concrete did not ultimately give Prime Construction a bid for the concrete scope of work, it is patently obvious that Prime Construction is not and cannot self-perform at least 51%of the work. The Project is primarily a concrete construction project. The Bidding Requirements make it clear that the County wants—and in fact expressly requires that all bidders come to the table as skilled and experienced self-perform concrete contractors and guarantee that they will self-perform at least 51% of the work. Because the concrete work is approximately 50% of the work, it is obvious that the Bidding Requirements implicitly require all bidders to self-perform the concrete work. Allen Concrete believes that Prime Construction does not, and cannot,satisfy the Bidding Requirements. If Allen Concrete is correct, the County is required to reject Prime Construction's bid. Allen Concrete is willing to provide the County with any additional information that the County believes is relevant to its review of the bids. Sincerely, MARK H. HULLER,P.A. Mark H. Muller cc: Christopher L. Allen Zachary Allen Andrew Rieke Benjamin Roberts 729 A002.001 ATTACHMENT B BOARD OF COUNTY COMMISSIONERS \ R10RIn�/ August 10, 2020 Mr. Mark. H. Muller, P.A. On Behalf of Allen Concrete& Masonry, Inc. mark@mullerlawnaples.com Reference:Response to Bid Protest by Allen Concrete&Masonry,Inc.,Bid 2020030 Moorhen Marsh Low Energy Aquatic Plant System Dear Mr. Muller: We are in receipt of your July 21,2020"protest of the bid submitted by Prime Construction Group. Inc."for the subject bid,on behalf of Allen Concrete& Masonry, Inc. ("Allen Concrete"). Background Bids for the subject project were opened on July 14,2020. Four bids were received and determined to be initially responsive. The apparent low bid of$11,965,000 was submitted by Prime Construction Group, Inc., ("Prime Construction") and the second low bid of$12,456,498.11 was submitted by Allen Concrete. Your memo asserts that"Prime Construction does not,and cannot,satisfy the Bidding Requirements"as detailed in Section 3.01 of the Instructions to Bidders, and goes on to detail the requirements and the reasons Allen Concrete believes Prime Construction does not meet them. Your memo also asks that the County"reject Prime Construction's Bid." Discussion Your protest is directed at the bid submitted by another contractor, and not of any action or inaction by the county. Further,the protest was submitted before the county had begun to evaluate the full responsiveness and responsibility of the bids received. Your memo was not shared with the department, as it would have provided influence over the evaluation process and prevented an equitable review of the bids received. The department has now completed its internal review of the bids received, and has determined that Prime Construction does not meet the requirements of section 3.01 of the instructions to bidders.Their bid has been rejected. Conclusion The department reached the conclusion you stated in your memo, and Prime Construction's bid has been rejected. As such, I do not believe any further action is necessary in regards to your memo. As a reminder, the cone of silence remains in effect, and will remain in effect until the Board of County Commissioners meets to consider an award or rejection of the subject procurement or an appeal regarding this decision. Per the cone of silence policy,you and your agents shall not communicate in any way with the Board Office of Management and Budget •Purchasing Division 1800 27th Street,Vero Beach,Florida 32960•(772)226-1416•Fax:(772)770-5140 730 E-mail:purchasing@ircgov.com Response to Allen Concrete Protest of County Commissioners,County Administrator or any County staff other than Purchasing personnel until that time. Please feel free to contact me at(772) 226-1575 or by email at jhyde@ircgov.com if you have any questions. Sincerely, 9/114T4k4i/Lg Jennifer de Purchasing Manager Encl: Mark H. Muller, P.A. Memo dated July 21,2020 Cc: Charles Brackett, President/CEO, Prime Construction Group, Inc. Christopher Allen, President,Allen Concrete&Masonry, Inc. Martha Morgan, President,West Construction, Inc. Jonathan Belloit, President, President,WPC Industrial Contractors, LLC Stephen Polk,Vice President, Randall Environmental,Inc. 731 ATTACHMENT C MOORHEN MARSH LOW ENERGY AQUATIC PLANT SYSTEM ALTERNATIVES ANALYSIS ALTERNATIVES ANALYSIS SUMMARY Three alternatives were compared to Moorhen Marsh and they are discussed herein along with pertinent Moorhen Marsh information. The three alternatives (options) are generally summarized below and a detailed description of each follows this Section. • Option 1 — Use a super long reach excavator to harvest water lettuce directly from specific locations in the North and South Relief Canals. • Option 2—Construct a basic water lettuce scrubber system on the Moorhen Marsh property. • Option 3—Combine Options 1 and 2. In the alternatives analysis,yearlynutrient removalquantities were estimated for each option and were Y , p compared with each other and with Moorhen Marsh's anticipated yearly removals. The results are shown in Table 1. Table 1—Estimated Yearly Nitrogen and Phosphorus Removals Option 1—Long Option 2—Basic Moorhen Marsh Reach Excavator Water Lettuce System Option 3—Combined (as bid) Harvesting Canals _ on Existing Site Option 1 and Option 2 TN Removed (pounds/year) 7,600 6,000 4,700 10,700 TP Removed (pounds/year) 1,200 730 800 1,530 As seen in Table 1, Option 3 has the greatest estimated yearly nitrogen and phosphorus removals, followed by Moorhen Marsh, Option 1, and Option 2 for nitrogen. Option 3 is followed by Moorhen Marsh,Option 2,and Option 1 for phosphorus removal. Using a simplified economic analysis that estimates the cost per pound to remove total nitrogen(TN)and total phosphorus(TP)from the canal water,the estimated yearly cost to achieve the nutrient reductions were compared with each other and with Moorhen Marsh's estimated yearly costs. The analysis spreadsheets are presented in Exhibit C-1 and results are summarized in Table 2. [the remainder of this page was left blank intentionally] 732 Table 2-Simplified Economic Analysis Results:Cost per Pound of Nutrient Removed Option 1—Long Option 2-Basic Moorhen Marsh Reach Excavator Water Lettuce System Option 3—Combined (as bid) Harvesting Canals on Existing Site Option 1 and Option 2 TN Removal Cost($/year) 51.66 22:13 46.91 34.82 TP Removal Cost($/year) 327.21 181.91 275.57 243.52 Table 2 indicates that Option 1 has the lowest yearly estimated nitrogen removal cost and Option 2 has the lowest yearly estimated phosphorus removal cost. Moorhen Marsh has the highest nitrogen removal cost and the second lowest phosphorus removal cost. Note that Options 2 and 3 are predicated on a pre- design Option 2 construction cost estimate of$5 million. As construction costs decrease,the dollars per pound of nutrient removed will decrease. For example, if the actual Option 2 cost were$4,000,000 then the estimated removal cost for Option 2 reduces to $42.65/pound for nitrogen and $250.57/pound for phosphorus. Likewise,Option 3's removal costs reduce to$32.95/pound for nitrogen and$230.45/pound for phosphorus. DISCUSSION OF OPTIONS AND ESTIMATED OPERATIONAL COSTS OPTION 1 — USE A SUPER LONG REACH EXCAVATOR TO HARVEST WATER LETTUCE FROM IRFWCD'S NORTH AND SOUTH RELIEF CANALS In this alternative,which can be quickly implemented with minimal design and permitting effort,a super long reach excavator will be used to remove water lettuce from certain locations in IRFWCD's North and South Relief Canals. To accomplish this,floating debris booms will be strung across the canals, trapping water lettuce as it is carried downstream by canal flow. When a sufficient quantity of water lettuce has been captured, perhaps sixty to seventy percent of it will be removed by the super long reach excavator (long reach), loaded into a dump truck and transported to the County landfill for disposal. The remaining water lettuce will be used as a "mother crop"to grow new water lettuce plants to be harvested later,for continual canal water nutrient removal. The long reach can be stationed at the Moorhen Marsh property. Harvest times are estimated to be at least once per week in the rainy season and perhaps every two to three weeks in the slower growing dry season. If not being used for harvesting water lettuce, the long reach machine may also be utilized by Road & Bridge Division. Per a conversation with IRFWCD Superintendent Mr. David Gunter, we can expect to remove approximately 2,000 wet tons of water lettuce each year from the North and South Relief Canals (estimated removal for both canals ^ 1,000 wet tons per location). The most appropriate removal locations are: • North Relief Canal—just west of the 58th Avenue bridge with the long reach located on the south side of the canal bank; • North Relief Canal—a short distance west of the northeast corner of the County Moorhen Marsh property, harvesting from the south side of the canal bank;and 733 • South Relief Canal—just west of the 43`d Avenue bridge with the long reach located on the south side of the canal bank. It is advantageous to provide two canal water lettuce harvesting locations along the NRC between 66th Avenue and 58'Avenue. This will allow alternate harvesting between the two locations,wherein sixty to seventy percent of the water lettuce at each location is harvested every other week during the wet season, allowing the non-harvested location two week's growing time between harvests. In the dry season, the harvesting may be alternated every three to four weeks. This operational scenario will provide for more efficient nutrient removal as opposed to harvesting in a single location, and also result in greater water lettuce reproduction. Pounds of Nutrients represented by 2,000 wet tons (4,000,000 pounds) of water lettuce based on the year-long Moorhen Marsh pilot plant study are estimated to be approximately': • Total Nitrogen Removed: ^'6,000 pounds/year • Total Phosphorus Removed: ^'730 pounds/year Additional nutrients can be removed if passive sediment traps are constructed across the canal bottoms slightly upstream of the floating boom systems. These installations would be rectangular earthen bottom traps constructed with steel sheet piling,perhaps twenty feet wide and reaching from toe-of-slope to toe- of-slope with the interior dug to an eight-foot to six-foot depth. When the basins are full, a long reach will remove the collected sediment and debris to the design depth, and the material transported to the landfill for disposal unless IRFWCD wishes to reuse it on its property. The sediment will be analyzed for its nutrient load which will be included in yearly removal totals. Required Equipment and Personnel: One super long reach excavator Two sets of TuffBooms, 10 booms per set One dump truck One long reach operator One dump truck operator Estimated Capital Costs: (2)Sets of TuffBooms, 10 booms per set=$48,000 Estimated Equipment Costs: Super Long Reach Excavator=$280,000 Eighteen cubic yard dump truck=$180,600 Total Equipment Cost=$460,600 ' From the Moorhen Marsh year-long pilot study report (Pilot Plant Study for Full-Scale Managed Aquatic Plant Pollutant Removal System—Final Project Report for Stages 1,2 and 3,Van Ert,Nemoto and Associates,LLC,February 8, 2018), page 22,water lettuce has an average of 5.70 percent dry solids. From Table 2.2, page 23,the dry solids are comprised of 2.63 percent nitrogen and 0.32 percent phosphorus. These numbers represent average water lettuce values taken over a one-year period. For 2,000 tons of water lettuce,this corresponds to 228,000 pounds dry weight,which equals approximately 6,000 pounds nitrogen and 730 pounds of phosphorus. Note this does not include nitrogen and phosphorus present in the precipitate from the water lettuce root system, which will not be present in water lettuce harvested with a super long reach excavator. 734 Estimated Yearly Operating Costs: Super Long Reach Excavator Maintenance=$3,2002 Super Long Reach Excavator Fuel and Lubricants=$5,4723 Dump Truck Maintenance=$2,000 Dump Truck Fuel and Lubricants=$3,000 Total Equipment Operating Costs=$13,672^'14,000/year OPTION 2 —CONSTRUCT A BASIC WATER LETTUCE SCRUBBER SYSTEM ON THE MOORHEN MARSH PROPERTY This option consists of constructing and operating a very basic(low-tech)water lettuce scrubber system on the Moorhen Marsh property. It will be much less complex than the Moorhen Marsh design but will remove fewer pounds of nitrogen and phosphorus per year. However, operation and maintenance will be much simpler. This basic water lettuce scrubber system will incorporate the currently designed Moorhen Marsh headworks screening and pumping station, followed by several parallel high-density polyethylene (HDPE) lined water lettuce scrubber systems, each capable of collecting a precipitate from microorganisms growing on water lettuce roots.4 The water lettuce scrubbers will be followed by a simple reoxygenation area flowing into a lined channel that returns the treated water to the NRC. Captured precipitate will be pumped to a designated area for dewatering and landfill disposal or perhaps beneficially recycled as a soil amendment. Because this system is not designed, presentation of an estimated cost may be premature. However,the system's low-tech concept means that except for the headworks structure, most of the construction can be performed by a standard earth-moving type contractor, with the additional exception of a specialty company for HDPE installation. The design will contain only a small fraction of the concrete structures included in the very concrete intense Moorhen Marsh design, which represents a tremendous cost savings. Nor will the basic design have Moorhen Marsh's settling basins or wetland systems, various flumes, complex buried piping systems, or other "hard" appurtenances; the deletion of these all representing another significant cost reduction. It is reasonable to assume a conservative construction cost for this facility will be$5,000,000 and perhaps less. An estimated$5,000,000 construction cost was used in the simplified economic analysis to compare the various options. The portion of the site not used for treatment processes will contain a pole barn for equipment storage and perhaps a large compost pad to compost harvested water lettuce along with harvested algae from the County's two large algal treatment systems. The property will also be the stationing point for the long reach. This long reach will also be used to harvest the water lettuce in the scrubbers, negating the need to purchase other expensive harvesting equipment, resulting in a much more efficient use of the long reach machine. The site could also serve as a research facility and perhaps generate cash flow through the receipt of research grants from the state or universities. These are just a few of its potential benefits. 2 Caterpillar publication 3 Assume equipment operates for 38 weeks/year: 4 gallons/hour(from Caterpillar publication) * 6 hours/day * 2 days/week*38 weeks/year*$3/gallon 4 During its year-long Moorhen Marsh pilot plant study,Van Ert, Nemoto and Associated discovered a precipitate originating from organisms growing on water lettuce roots. The study found that the precipitate accounted for significant amounts of the nitrogen and phosphorus removed in the pilot plant's water lettuce scrubber units. 735 Major equipment required for system operation and other mechanical costs are assumed to be the same as for Moorhen Marsh. Assume only one laborer and facilities manager are required due to less intense treatment system. Based on data from the Moorhen Marsh pilot plant, estimated predesign removals for a basic water lettuce treatment system are:5 • Total Nitrogen Removed: 4,700 pounds/year • Total Phosphorus Removed: —800 pounds/year OPTION 3 — USE A SUPER LONG REACH EXCAVATOR TO HARVEST WATER LETTUCE FROM IRFWCD'S NORTH AND SOUTH RELIEF CANALS AND CONSTRUCT A BASIC WATER LETTUCE SCRUBBER SYSTEM ON THE MOORHEN MARSH PROPERTY(COMBINE OPTIONS 1 AND 2) Combining a basic water lettuce scrubber system constructed on Moorhen Marsh property (Option 2) with the in situ long reach canal harvesting system (Option 1), should exceed projected Moorhen Marsh nutrient removals. The long reach canal harvesting system can be implemented quickly,followed about two years later with an operating basic water lettuce scrubber system. If Options 1 and 2 are combined,the total estimated removals when both options are operational are: • Total Nitrogen Removed: 10,700 pounds/year • Total Phosphorus Removed: 1,530 pounds/year ESTIMATED NUTRIENTS REMOVED PER YEAR BY MOORHEN MARSH LOW ENERGY AQUATIC PLANT SYSTEM AND ESTIMATED OPERATIONAL COSTS From prior design work based on the year-long Moorhen Marsh pilot plant study; Moorhen Marsh is estimated to remove 7,600 pounds of Total Nitrogen and 1,200 pounds of Total Phosphorus per year from the North Relief Canal. Construction bids for Moorhen Marsh were received on July 14, 2020 and the apparent low bid is $11,966,000. Major Equipment Costs: Water Lettuce grinder/compactor(if the water lettuce is composted onsite)=$100,000 (2)Tractors=2*$25,000=$50,000 (1) Compact Loader(existing)=$83,000 (1) Dump Trailer=$7,500 Total Major Equipment Cost=$240,500 Estimated Yearly Operating Costs: Dump Trailer Maintenance=$80 Dump Trailer Fuel and Lubricants=$300 TN and TP removals are based on the assumption that the combined water surface areas of the proposed basic water lettuce system will be approximately 4 acres. 736 Tractor Maintenance=2*$1,000=$2,000 Tractor Fuel and Lubricants=2*$1,340=$2,680 Tractor Tubes and Tires=2*$800=$1,600 Compact Loader Maintenance=$1,000 Compact Loader Fuel and Lubricants=$1,200 Compact Loader Tires=$800 Electricity=$10,8006 Total Operating Costs=$20,460/year See Exhibit C-1 for the spreadsheet economic analysis regarding estimated yearly costs for nutrient removals. 6 Assume Moorhen Marsh's yearly electric pump costs are 1/2 of Egret Marsh's yearly pump electric cost. 737 EXHIBIT C-1 SIMPLIFIED ECONOMIC ANALYSIS Blue=Automatically Calculated ESTIMATED NUTRIENT REMOVAL COSTS($/Pound)FOR MOORHEN MARSH LEAPS INPUT DATA AND ASSUMPTIONS - 7/17/2020 1 Date facility placed into service= 7/17/2020 2 END DATE FOR THIS ANALYSIS= C7/17/2021� 3 This input item deleted 4 Number of years the facility has been operating= 1.00 years 5 Use Straight Une Depreciation 6 Assume the Capital Costs are spread over a period of 1_50_1 years(=Design Life) 7 Estimated Total Nitrogen Removed from startup through date of this analysis= 7,600 j pounds 8 Average TN removed per year= 7,600 pounds 9- Estimated Total Phosphorus Removed removed during total operational period= _1,200 I pounds • 10 Average TP removed per year= 1,200 pounds 11 Assume estimated average yearly labor costs have been consistent throughout the operational period CAPITAL COST(Grant money not Included) Period Cost Construction Bid 11,966,000.00 Apparent low bid TOTAL CAPITAL COST 11,966,000.00 ESTIMATED AVERAGE STAFF YEARLY LABOR COST Staff Member Hours/Week dry season Hours/Week wet season Amount Facilities Operations Manager 25 25 47,814.00$36.78/hour Maintenance Worker 1 30 30 32,869.20$21.07/hour including benefits Maintenance Worker 2 30 30 32,869.20$21.07/hour including benefits 0.00 TOTAL LABOR 113,552.40 MAJOR EQUIPMENT COSTS Assume replacement cost=original cost•1.06 Age of Original Number of Replacement Remaining Item Description Date Placed into Equipment Equipment Life Life Span Replacements Original Cost Salvage Cost(not Total Cost in Cost per Year Service at Time of Span(years) During Facility's Value including Design Life Analysis (Years) Design Life salvage value) (Years) 1 Dump Trailer 7/17/2020 1.00 10 9.00 4.10 7,500.00 0.00 8,000.00 40,300.00 806.00 2 Two Tractors 7/17/2020 1.00 10 9.00 4.10 50,000.00 0.00 53,000.00 267,300.00 5,346.00 3 Compact Loader 7/17/2020 1.00 15 14.00 2.40 83,000.00 0.00 88,000.00 294,200.00 5,884.00 4 Water lettuce grinder/compactor 7/17/2020 1.00 15 14.00 2.40 100,000.00 0.00 110,000.00 364,000.00 7,280.00 5 N/A N/A N/A N/A 0.00 0.00 6 N/A N/A N/A N/A 0.00 0.00 7 N/A -N/A N/A N/A 0.00 0.00 8 - N/A N/A N/A N/A• 0.00 0.00 9 - N/A N/A N/A N/A 0.00 0.00 10 N/A N/A N/A N/A 0.00 0.00 TOTAL 965,800.00 19,316.00 AVERAGE YEARLY OPERATION AND MAINTENANCE COSTS (Does not include labor) Fiscal Year Cost O&M Cost Count • Yearly Costs from Attachment C 20,460.00 1 0 0 0 0 0 0 • 0 0 TOTAL 20,460.00 1 AVERAGE COST PER YEAR 20,460.00 Item Cost per Year - - Capital Costs 239,320.00 Staff Labor Costs _ 113,552.40 Major Equipment Costs 19,316.00 Operation and Maintenance Costs 20,460.00 TOTAL COST PER YEAR 392,648.40 COST PER POUND OF NUTRIENT REMOVED Nitrogen Removal= $51.66 per pound Phosphorus Removal= $327.21 per pound 738 EXHIBIT C-1-OPTION 1 SIMPLIFIED ECONOMIC ANALYSIS Blue=Automatically Calculated ESTIMATED NUTRIENT REMOVAL COSTS(S/Pound)FOR LONG REACH HARVESTING CANALS INPUT DATA AND ASSUMPTIONS 1 Date facility placed into service= 7/17/2020 2 END DATE FOR THIS ANALYSIS= L7/17/2021� 3 Number of years the facility has been operating= 1.00 years 4 Use Straight Line Depreciation 5 Assume the Capital Costs are spread over a period of 50 years(=Design Life) 6 Estimated Total Nitrogen Removed from startup through date of this analysis= L6,000J pounds 7 Average TN removed per year= 6,000 pounds 8 Estimated Total Phosphorus Removed removed during total operational period= 1_7_30_1 pounds 9 Average TP removed per year= 730 pounds 10 Assume estimated average yearly labor costs have been consistent throughout the operational perioc CAPITAL COST Item Cost Two TuffBoom Systems Estimate 48,000.00 TOTAL CAPITAL COST 48,000.00 ESTIMATED AVERAGE STAFF YEARLY LABOR COST Assume 38 weeks harvesting/year at 8 hrs/day 5 days/week=1,520 hour! Staff Member Hours/Year Amount Super Long Reach Operator 1520 $32.450/hour Dump Truck Operator 1520 $31.156/hour TOTAL LABOR 96,681.00 per year MAJOR EQUIPMENT COSTS Assume replacement cost=original cost•1.06 Age of Original Remaining Number of Replacement Date Placed into Equipment Equipment Life Replacements Salvage Cost(not Total Cost in Item DescriptionService at Time of Span(years) Life Span During Facility's Original Cost Value including Design Life Cost per year Analysis (Years) Design Life salvage value) (Years) 1 Super long reach excavator 7/17/2020 1.00 25 24.00 1.04 280,000.00 0.00 290,000.00 581,600.00 11,632.00 3 18 c.y.Dump Truck 7/17/2020 1.00 20 19.00 1.55 180,600.00 0.00 190,600.00 476,030.00 9,520.60 5 N/A _ N/A N/A N/A 0.00 0.00 6 _ N/A N/A N/A N/A 0.00 0.00 7 N/A N/A N/A N/A _ 0.00 0.00 8 N/A N/A N/A N/A 0.00 0.00 9 • N/A N/A N/A N/A 0.00 0.00 10 N/A N/A N/A N/A 0.00 0.00 TOTAL 1,057,630.00 21,152.60 AVERAGE YEARLY OPERATION AND MAINTENANCE COSTS Fiscal Year Costs O&M Cost Count Yearly Costs From Attachment C 14,000.00 1 0 0 0 0 0 0 0 0 0 0 0 TOTAL 14,000.00 1 AVERAGE COST PER YEAR I 14,000.00 TOTAL COSTS ON A YEARLY BASIS Item Cost per Year Capital Costs' 960.00 Staff Labor Costs 96,681.00 Major Equipment Costs 21,152.60 Operation and Maintenance Costs 14,000.00 TOTAL COST PER YEAR 132,793.60 COST PER POUND OF NUTRIENT REMOVED Nitrogen Removal= $22.13 per pound Phosphorus Removal= $181.91 per pound 739 • • EXHIBIT C-1-OPTION 2 SIMPLIFIED ECONOMIC ANALYSIS Blue=Automatically Calculated • ESTIMATED NUTRIENT REMOVAL COSTS($/Pound)FOR BASIC WATER LETTUCE SYSTEM ONSITE INPUT DATA AND ASSUMPTIONS 7/17/2020 1 Date facility placed into service= 7/17/2020 2• END DATE FOR THIS ANALYSIS e • L7/17/2021 3 This input item deleted 4 Number of years the facility has been operating= 1.00 years 5 Use Straight Line Depreciation 6 Assume the Capital Costs are spread over a period of 1_50 'years(=Design Life) •_ 7 Estimated Total Nitrogen Removed from startup through date of this analysis= 4,700 pounds. 8 Average TN removed per year= 4,700 pounds 9 Estimated Total Phosphorus Removed removed during total operational period= 1 800 ,pounds 10 Average TP removed per year= 800 pounds 11 Assume estimated average yearly labor costs have been consistent throughout the operational period CAPITAL COST(Grant money not included) • • • Item Cost Construction Estimate 5,000,000.00 • • • • • TOTAL CAPITAL COST 5,000,000.00 ESTIMATED AVERAGE STAFF YEARLY LABOR COST Staff Member Hours/Week dry season Hours/Week wet season Amount Facilities Operations'Manager 25 - 25 47,814.00 536.78/hour • Maintenance Worker 1 30 30 32,869.20$21.07/hour including benefits 0.00$21.07/hour including benefits 0.00 TOTAL LABOR 80,683.20 MAJOR EQUIPMENT COSTS Assume replacement cost=original cost'1.06 • Age of Original Number of Replacement Remaining Date Placed into Equipment Equipment Life Replacements Salvage Cost(not Total Cost in • Item Description Service at Time of Span(years) Life Span During Facility's Value Cost Value including Design Life Cost per Year Analysis (years) Design Life salvage value) (Years) 1 Dump Trailer . 7/17/2020 1.00 10 9.00 4.10 7,500.00 0.00 8,000.00 40,300.00 806.00 • 2 Two Tractors 7/17/2020 1.00 10 9.00 4.10. 50,000.00 0.00 53,000.00 267,300.00 5,346.00 3 Compact Loader 7/17/2020 _ 1.00 15 14.00 2.40 83,000.00 0.00 88,000.00 294,200.00 5,884.00 4 Water lettuce grinder/compactor 7/17/2020 1.00 15 14.00 2.40 100,000.00 0.00 110,000.00 364,000.00 7,280.00 5 N/A _ N/A N/A N/A 0.00 0.00 6 N/A N/A N/A N/A • 0.00 • 0.00 7 N/A - N/A N/A N/A 0.00 0.00 8 N/A N/A N/A N/A 0.00 0.00 9 N/A N/A N/A N/A 0.00 0.00 10 N/A N/A N/A N/A 0.00 0.00 • TOTAL 965,800.00 19,316.00 AVERAGE YEARLY OPERATION AND MAINTENANCE COSTS (Does not include labor) Fiscal Year Costs O&M Cost Count Yearly Costs from Attachment C 20,460.00 1 0 0 0 0 0 • 0 • 0 •0 TOTAL 20,460.00 1 AVERAGE COST PER YEAR 20,460.00 Item Cost per Year • Capital Costs 100,000.00 Staff Labor Costs 80,683.20 Major Equipment Costs 19,316.00 Operation and Maintenance Costs - 20,460.00 TOTAL COST PER YEAR - 220,459.20 • COST PER POUND OF NUTRIENT REMOVED • Nitrogen Removal= $46.91 per pound Phosphorus Removal= $275.57 per pound • 740 • • • • EXHIBIT C-1-OPTION 3 SIMPLIFIED ECONOMIC ANALYSIS - Blue=Automatically Calculated ESTIMATED NUTRIENT REMOVAL COSTS($/Pound)FOR BASIC WL SYSTEM&LONG REACH HARVESTING CANALS INPUT DATA AND ASSUMPTIONS • 1 Date facility placed into service= r - 2 END DATE FOR THIS ANALYSIS= l 3 Number of years the facility has been operating= 1.00 years 4 Use Straight Line Depreciation 5 Assume the Capital Costs are spread over a period of =years(=Design Life) • 6 Estimated Total Nitrogen Removed from startup through date of this analysis= L,19,700:pounds 7 Average TN removed per year= 10,700 pounds • . 8 Estimated Total Phosphorus Removed removed during total operational period= 1530 pounds 9 Average TP removed per year= 1530 pounds 10 Assume estimated average yearly labor costs have been consistent throughout the operational perioc • • CAPITAL COST Item Cost Two Tuff Boom Systems Estimate 48,000.00 • • Construct Basic WL System onsite 5,000,000.00 • • • • • TOTAL CAPITAL COST 5,048,000.00 • • ESTIMATED AVERAGE STAFF YEARLY LABOR COST Staff Member Hours/Week 'Amount One Super Long Reach Operator(canals) 1,520 hours/year 49,324.00 One Dump Truck Operator(canals) 1,520 hours/year 47,357.00 One Super Long Reach Operator(WL • System) 304 hours/year - 9,864.80 $32.450/hour • One Dump Truck Operator(WL System). 304 Hours/year 9,471.42 31.156/hour Facilities Operations Manager 25 47,814.00 SW Maintenance Worker 30 32,869.00 • TOTAL LABOR 196,700.22 per year •1,520 hours/year for canals and 1 day/week for 38 weeks at 8 hours/day for water lettuce system harvesting(for one machine and truck) MAJOR EQUIPMENT COSTS • Assume replacement cost=original cost•1.06 Age of • Original Number of Replacement Date Placed foto Equipment Equipment LifeRemaining e Replacements Salvage Cost plot Total Cost in Item Description Service at Time of • Span(years) Life Span During Facility's Original Cost Value including Design Life Cost per Year • • Analysis (Years) Design Life salvage value) (Years) • 1 Super long reach excavator 7/17/2020 1.00 25 24.00 1.04 280,000.00 0.00 290,000.00 581,600.00 11,632.00 • 3 18c.y.Dump Truck 7/17/2020 1.00 20 19.00 1.55 180,600.00 0.00 190,600.00 476,030.00 9,520.60 5 Dump Trailer 7/17/2020 1.00 10 9.00 4.10 7,500.00 0.00 8,000.00 40,300.00 806.00 6 Two Tractors 7/17/2020 1.00 10 9.00 4.10 50,000.00 0.00 53,000.00 267,300.00 5,346.00 7 Compact Loader 7/17/2020 1.00 15 14.00 2.40 83,000.00 0.00 88,000.00 294,200.00 5,884.00 8 ,Water lettuce grinder/compactor 7/17/2020 1.00 15 14.00 2.40 100,000.00 0.00 110,000.00 364,000.00 7,280.00 9 N/A N/A N/A N/A 0.00 0.00 10 N/A N/A. N/A N/A 0.00 0.00 . TOTAL 2,023,430.00 40,468.60 • AVERAGE YEARLY OPERATION AND MAINTENANCE COSTS • 14,000 long reach r 20,460 basic water lettuce system • Fiscal Year Costs -'O&M Cost Count Estimated yearly costs 34,460.00 1 0 0 • O • 0 0 • 0 • 0 0 O. O. 0 • TOTAL .34,460.00 1 AVERAGE COST PER YEAR • 34,460.00 • • Item Cost per Year • • Capital Costs 100,960.00 • Staff Labor Costs 196,700.22 • Major Equipment Costs -40,468.60 Operation and Maintenance Costs 34,460.00 • TOTAL COST PER YEAR 372,588.82 • • • • COST PER POUND OF NUTRIENT REMOVED • Nitrogen Removal.= $34.82 per pound Phosphorus Removal a $243.52 per pound • • • 741 12.F.1. 08/18/2020 MOORHEN MARSH LOW ENERGY AQUATIC PLANT SYSTEM 2016 North 2017 County June 2020 Canal Pilot purchased 18 Project bid for July 2020 Bids Project acre property construction received • H 1 12.F.1. 08/18/2020 Bidder Corrected Bid Amount Prime.Construction:Group, Inc. 1$11,966,000.00—apparent low bid Allen Concrete &Masonry, Inc. $12,455,633.86 I WPC Industrial Contractors, LLC jj$13,969,291.39 i West Construction, Inc. $15,484,093.56 �� 1 *A bid protest was filed on July 21,2020,by Allen Concrete&Masonry,Inc.,claiming Prime Construction Group,Inc.(PRIME)is not a qualified bidder. • Engineer's Estimate of Probable Construction: $10,000,000 (conservative) • Lowest Bid still 20% greater than conservative estimate • Three alternatives (options) were compared to Moorhen Marsh: • Option 1 - Use a super long reach excavator to harvest water lettuce directly from specific locations in the North and South Relief Canals. • Option 2 - Construct a basic water lettuce scrubber system on the Moorhen Marsh property _ • Option 3- Combine Option' 1 and 2. � - � .-� _� l• �. ��= �`` otri ' ':�1•�'. � � � �,� -�--- "`�:,<-r- • max-....s.� • � I 7 2 12.F.1. 08/18/2020 1... , _R �••i . tr ` Y r -' ri ry `7• .'...'7 .,,:,'.4r! ri�1.�.'r�.. _ ._.. . s -F y�{.'f,A'yPl.itac-+Y„^�". y�."'^ry I I �dArR•iC>tM'h<NiI.W++u,FSWeN N3Vi)1!Q' . fie, r i. tw d ♦. �q at, I, 4' ` , M 'r• 4. 't \ .-t .. .. . +�,.Y�..YwM•r..,. !!!lee t.' .,� ,R ' o•` •Z .. {1{� 'FIs.. ` \. :0,1 . I.rl e. _ * •(4•$.% Y '-.1$, • ',- r ;t+,V��- '�`�._._..-m.r-��..��.k."Y••�.'2�s. e+"'s��• y'ka I.'S s� ' „� .. ` •,. -. �I�L. • S.�' •e.6 .f°16..x.uF .t t f4^_- • , �.1.,,,. \.� .. 1 1 Table 1 - Nutrient Removal Rankings Table 2- Nutrient Removal Cost Rankings Yearly Nutrient Removal Ranking Yearly Nutrient Removal Cost Total Nitrogen Total Phosphorus I Rankin• _ Total Nitrogen rTotal Phosphorus #1 (Greatest Option 3 Option 3 — .1..._ Removal) 10,700 1,530 Option 1 Option 1 pounds/year pounds/year #1 (Lowest Cost) $22.13 $181.91 Moorhen Marsh . Moorhen Marsh 1 Option 3Option 3 #2 7,600 1,200 I #2 $34.82 $243.52 pounds/year `pounds/year ) . . .. _ .__ __.___ __ ..,EEE __ _ . . . . 111 Option 1 Option 2 Option 2 Option 2 #3 6,000 800 pounds/year #3 $46.91 $275.57 • pounds/year Option 2 Option 1 #4 lowest Moorhen Marsh Moorhen Marsh ( #4(Highest Cost) $51.66 $327.21 Removal) 4,700 730 pounds/year pounds/year —120J 3 12.F.1. 08/18/2020 Yearly Nutrient Removal Rates Construction Yearly Nutrient Removal Cost Rates Park I Total NitrogeniTotal:Phosphorus] Cost ! Total Nitrogen j Total Phosphorus 1 Egret Marsh* 13,5601bs. 3,000 lbs. $7,600,000 $29.46/lb. $131.63/lb. PC Main* 1,680 lbs. 480 lbs. $5,500,000.. $142.27/lb. $523.99/lb., E i f 1 :*Marsh Spoonbill 5,700 lbs. 240 lbs. $4,200,000 li $69.70/lb. i $906.76/lb. p II Osprey.Marsh** 6;120 lbs. 6001bs. $6200;000' $68.27/lb. $518.89/lb. i Osprey Acres* 3,700 lbs.*** 315 lbs.*** $7,400,000 11 $87/lb.(estimated) $1,020/Ib. (estimated) *Operated by Stormwater Division **Operated by Utility Services ***Estimated Removals used for Legislative and Water Quality Grants e $10,200,000 for Moorhen Marsh is allocated in FY 19/20 and FY 20/21 Funding Source Amount Optional Sales Tax/Public Works/CIP-MoorhenY$8;050,000' , Marsh-PC North i Legislative Grant $ 650,000 1' ''' SJRWMD-Cost Share Grant x$1,50.0,000. ii i4I. 4 12.F.1. 08/18/2020 ■ Reject all bids. ■ Implement Option 3: ■ Purchase a super long reach excavator ($280,000) and dump truck ($180,600) funded by Stormwater and begin in situ canal water lettuce harvesting ■ Authorize design by staff of basic water lettuce scrubber on the Moorhen Marsh site, followed by its construction (estimated construction $5,500,000) ■ Authorize Termination of the existing SJRWMD Grant as requested by SRJWMD Staff ■ Authorize Staff to apply for a new IRL Grant as suggested by SRJWMD Staff 1 � 5 f t 1 N R cz _, T— -111 , .1'.i 4". . ? ., -;,:a ,..,,.,,....10: 4...,.,,, f.f.:.,,,:... ,.:r.. , . 4 1 t j. i',,,, , ,.;1'''', :!' —i )1 it + «• 1 ri a iff L � a - se *, snr IA. S -v Y ; a I ti_ I' jn. ,. d -141 -(e • MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 10, 2020 SUBJECT: City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement Update. BACKGROUND. In April 2011, the Indian River County Board of County Commissioners (the "Board") gave notice to the City of Vero Beach (the "City") of its intention not to renew the water or wastewater franchises that were set to expire on March 4,2017. Since that time the City has continued to serve those unincorporated areas of Indian River County that were served by the City prior to the expiration of the franchises. On July 14, 2020, the Board authorized the County Attorney to attend the July 21st City Council meeting to discuss with the City Council the proposed water, wastewater and reclaimed water franchise agreement. The County Attorney would like to update the Board on the status of the proposed water, wastewater and reclaimed water franchise agreement. 742 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: August 11,2020 SUBJECT: Jill Jaynes Litigation BACKGROUND. In August 2018, an arrest warrant was issued for Jill Hollis Jaynes, which included five felony counts relating to the billing practices of her acupuncture practice in Vero Beach. On July 28, 2020, that case came to a close as she pled no contest to one felony count of insurance fraud greater than $100,000. She was adjudicated guilty of that count and ordered to serve two years under community control, one year of probation confined to home and work, followed by two years of standard probation. She also was required to surrender her acupuncture license as of September 1, 2020 and ordered to pay restitution to Indian River County of $173,007.28, plus pay the costs of the investigation and prosecution and court costs. Records in the case indicate that the damages to Indian River County caused by Jill Jaynes's billing practices exceeded a million dollars. The County Attorney's Office recommends that the Indian River County Board of County Commissioners (the "Board") authorize the County Attorney's Office to seek further legal recourse against Ms. Jaynes and her business in order to recoup the losses sustained by her fraudulent billing practices. The County Attorney's Office has already begun research of the State Attorney's Office files and has requested files from the Division of Investigative & Forensic Services, Bureau of Insurance Fraud. As this matter will more than likely involve in depth discovery, the County Attorney's Office recommends that the Board authorize the County Attorney's Office to hire outside counsel to assist in the matter. Please know that there may be an issue as to collectability in this case. FUNDING Depending on the extent of discovery necessary in the case, the County Attorney's Office anticipates outside counsel could cost as much as $150,000. Funding for this expense will be provided by a budget amendment from General Fund/Cash Forward Oct 1St. Per section 772.104, Florida Statutes, Indian River County can recoup its reasonable attorneys' fees and costs if successful. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize the County Attorney's Office to seek further legal recourse against Ms. Jaynes and her business in order to recoup the losses sustained by her fraudulent billing practices. As this matter will more than likely involve in depth discovery, the County Attorney's Office recommends that the Board authorize the County Attorney's Office to hire outside counsel to assist in the matter. 743 %3C., MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 12, 2020 SUBJECT: Quit Claim Deed to James W. Steil, Inc. I. INTRODUCTION In 1925, the plat of Rosedale Gardens was recorded in Indian River County. A copy of the plat is attached to this memo. The boundaries of the plat are the railroad tracts to the west, 12th Street to the north (then called Church Street), 10th Street to the south and what was then Palm Avenue to the east. Commerce Avenue bisected the plat. The plat dedicated "to the use of the Public the streets shown on this plat" and was approved by the City Council of the City of Vero Beach. Sometime after the plat was recorded, part of the plat was annexed into the County and U.S. Highway 1 was constructed which partially replaced Palm Avenue but not entirely. James W. Steil, Inc. (Steil, Inc.) purchased, Lots 6 and 7 of Block 4 of Rosedale Gardens in the 1990s and has run Steil Oil gas station on the site since that time. Recent title and surveying work performed on the property has revealed a remnant of Palm Avenue that remains between Lot 6 and the sidewalk along U.S Highway 1. This remnant is highlighted on the attached sketch. Title and surveying work do not show any current ownership of the remnant property. Staff contacted the Florida Department of Transportation (FDOT) and they do not claim ownership of the remnant property nor do they recognize it as right-of-way. Improvements within the remnant include the sign for Steil Oil, a grass strip, landscaping, pavement and parking. Attorney Doug Vitunac represents Steil, Inc. He has prepared a draft complaint to quiet title to the remnant on behalf of his client and provided a courtesy copy to the County Attorney's Office. The lawsuit seeks to quiet title in the name of Steil, Inc. County staff has contacted FDOT and they claim there are no future plans to widen U.S. Highway 1 in the area near the remnant. The Public Works division has no use for the remnant but seeks to reserve an easement for underground utilities for future use. No records of County maintenance on the remnant can be found. The title company claims this remnant is a cloud on the property's title and will not issue a policy of insurance on the remnant unless a Quit Claim Deed is received from the County. Steil Inc. avers that one prospective purchaser has cancelled a contract for purchase of the property due to the outstanding remnant. In order to resolve the threatened litigation, Steil Inc. will accept a Quit Claim Deed to the remnant from the County. 744 FUNDING: There is no funding associated with this matter. RECOMMENDATION: Staff recommends that the Board approve settlement of the threatened litigation by directing the County Attorney's Office to finalize a Quit Claim Deed to the remnant property to James W. Steil, Inc., and authorize the Chairman to execute the deed on behalf of the Board. Attachments: Aerial photo of the parent parcel, sketch of remnant and quit claim deed to James W. Steil, Inc. Copy to Douglas Vitunac, Esq. via email 745 8/6/2020 Indian River County,Florida Property Appraiser-Printer Friendly Map Print 1 $ack Indian River County,Florida Property Appraiser fi`''r ti` 1 + .,on pi 1 1 1,_ 3.�+i .I V 0,.. ,..,,_ . 0 10 • 414,•Ir '''' N.At 4 11.4‘ , 7 _ ' .: , ...34.,„_,. 1 1 r t "• f ' a ...� • t „ -+t y t $�\ ; 1• : sketch \ \ \-- _______ _I \ \ OLD P/W PALM AVENUE I"' 70.00' \ \ \ "ROSEDALE GARDENS S/b'� \ \. LOT 8 ( I SET/4 REBAR W . \ . STAMPED'CAR R CAP ASSOG' POLING J/4'IRON PIPESET j4 REBAR W/CAP LEANING 0.41'EAST I STAMPED'CARTER ASSOC.' \ 1, •c t•. 'O." i - 40.00' \ 15,00 114.76' >X ,l 40.00' \ Q '/ \) \ ` \ f� c CSPNALT ORM'kP I \ LOT 6 -`. ji \ \\\ ,, , \ I 1i i 1 \ \ \() rtk4s___ 2.: .... 1..:,_:.... .:. ift \Kiw, 1 : ..\is*• _• • , ; • ,'CAS PUMPS I I• ' . \1._ I in 4 t IA n \\ \ I "77,'i i-c \ \,a„ ;.; ;~`. �I �.g o 5T`G\9� "�+ \ \‘ CO.S\.� • CAS 10 p Z H ‘t11 J iiir:Am LOT 7.c_j � , �'t •` � STNUCE 1 d � LEGEND: \ . \ ,\.;.- m u • m 0 a LIGHT POLE \ , • j •*� ` '_ POWER POLE ��• �V .—m¢— : OVERHEAD ELECTRIC \\ ` '�'' p —j GUY LEAD ' �, I �- SIGN � �� ' 4I R/W RIGHT-OF-WAY \ , 70.00' I SAD a SW301VISION \ `� \ R. I t. v t••• I \ • I SET$4 REBAR W/CAP i I I! STAMPED CARTER ASSOC.' �a .�..+ I'' if -2.f4• _ 40.00' L_ i 35.04 S 89.01'37" E i gks. SET PK NI ` STAMPED /'� IN CONCR& 10TH STREET I L..P,.E,..evr� • — i 1 ) \ . 1 I 2.2lea/1 S.lr, I 747 This document was prepared by and should be returned to: Indian River County Attorney's Office 1801 27th Street Vero Beach,FL 32960 (772)226-1425 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED, executed this day of August, 2020, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960 ("Grantor") to JAMES W. STEIL, INC., a Florida corporation, whose mailing address is, Post Office Box 2707, Vero Beach FL 32961-2707 ("Grantee"). WITNESSETH : That Grantor, for and in consideration of the sum of One Dollar ($1.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, and other good and valuable consideration, does hereby quit-claim unto Grantee, their successorsand assigns forever, all the right, title, interest, claim and demand which Grantor has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River, State of Florida, to-wit: Legal Description: To be determined IN WITNESS WHEREOF, Grantor has signed and sealed these presents the day and year first above written. INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller By: Susan Adams, Chairman Deputy Clerk Board of County Commissioners APPROVED Date Approved: Jason E. Brown County Administrator STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of August, 2020, by Susan Adams, Chairman of the Board of County Commissioners, who is personally known to me. NOTARY PUBLIC Approved as to form and legal sufficiency sign: printed name: William K. DeBraal Commission No.: Deputy County Attorney Commission Expiration: 748 /L/C-1 August 18, 2020 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 3, 2020 SUBJECT: Discussion on Pine Tree Park Storm Water Drainage FROM: Tim Zorc Commissioner, District 3 Discussion Item: I'd like to discuss having the staff complete an in-depth study of the Pine Tree Park (PTP) drainage situation. The study would include data and drainage elevations from the IR Farms Water Control District and how those elevations partially dictate how we can drain PTP. 749 Pltrf BCC AGENDA COMMISSIONERS MATTERS INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners SUBJECT: Commissioners Open Dialogue At the request of the Board of County Commissioners, an Open Dialogue section will be added to the agenda on a monthly basis. This section will be an opportunity for Commissioners to provide updates and/or reports on progress, meetings, or activities related to topics of interest to the Commission and Public. This is. for the purpose of sharing information only; action will not be taken by the Board on matters discussed under Commissioners Open Dialogue section. 750 i 541 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com 4,tr—VEI?'e's 0 —414. 77-I- —A-,.:::' ORI04' Emergency Services District Meeting Minutes - Draft Tuesday, March 10, 2020 Commission Chambers Board of 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 Rhonda D.Zirkle, Deputy Clerk 751 Board of Commissioners ESD Meeting Minutes-Draft March 10,2020 The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District The minutes will be approved at an upcoming Emergency Services District meeting. A. Emergency Services District 15.A.1. 20-1384 . Interlocal Agreement with the City of Fellsmere Regarding Fire Marshal Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve and authorize the chair to execute the interlocal agreement. Attachments: Staff Report Proposed Interlocal Agreement (Clerk's Note: This item was heard prior to Item 14.E1. Commissioners Open Dialogue, and is placed here for continuity) There was no discussion on this item. A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve staffs recommendation. The motion carried by the following vote: Aye: 4- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Nay: 1 - Commissioner Solari Indian River County Florida 75ge 1 /544, Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www ircgov.com SOVER Co .-...Jek 6. fir. . , *\!.TQi)‘.-i \\ * Emergency Services District Meeting Minutes - Draft Tuesday, April 21, 2020 This meeting can be attended virtually by accessing YouTube Live. Instructions can be found on the back of this agenda and also online at www.ircqov.com. Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. ()Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Terri Collins-Lister, Deputy Clerk 753 Board of Commissioners ESD Meeting Minutes.-Draft April 21,2020 15. SPECIAL DISTRICTS AND BOARDS The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. A. Emergency Services District A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve the Minutes Meeting of November 19,2019, December 3, 2019,and December.17,2019. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.A.1. 20-1407 Approval of Minutes Meeting November 19, 2019 Recommended Action: Approve Attachments: 11192019ESD Draft Approved 15.A.2. 20-1415 Approval of Minutes MeetingDecember 2 1 pp 03, 0 9 Recommended Action: Approve Attachments: 12032019 E S D Approved 15.A.3. 20-1440 Approval of Minutes Meeting December 17, 2019 Recommended Action: Approve Attachments: 12172019ESD Draft Approved 15.A.4. 20-1505 Approval of Purchase for New EMS Report Writing Software Recommended Action: Staff recommends the Board waive the requirement for bids for the purchase of new report writing software from ESO Solutions and authorize the Purchasing Division to issue purchase orders to ESO Solutions for the initial purchase, annual subscription,and maintenance and upgrade fees,as funds are approved by the Budget Department. Indian River County Florida 75ge 1 Board of Commissioners ESD Meeting Minutes-Draft April 21,2020 Attachments: Staff Report ESO Contract There was no discussion regarding this item. A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan,and Commissioner Solari Indian River County Florida 75ge 2 1543 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com "WI?% * ViI itoRIOl' Emergency Services District Meeting Minutes - Draft Tuesday, June 9, 2020 Commission Chambers This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. Board of 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 Rhonda D.Zirkle, Deputy Clerk 756 Board of Commissioners ESD Meeting Minutes-Draft June 9,2020 A. Emergency Services District (Clerk's Note: The Emergency Services District items were heard following Item 8. Consent Agenda, and are placed here for continuity.) The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. 20-1622 Approval of Minutes Meeting of February 18, 2020 Recommended Action: Approve Attachments: 02182020ESD Draft A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve the Emergency Services District Meeting Minutes of February 18, 2020. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.A.2. 20-1626 Purchase of Parcel of Property for New Location of Station 7 Recommended ecom ended Action: Staff recommends the Board approve the Commercial Contract to purchase the 1.99 acres from Vero West for the amount of$430,000 with the existing contract contingencies and authorize the Chairman to sign on behalf of the Board. Attachments: Staff Report Commercial Contract Commissioner Zorc discussed site improvements that would be necessary for the parcel of land at 1855 98th Avenue. He recommended directing Public Works Director Rich Szpyrka to return to the Board during the due-diligence period with an estimate of the site-improvement costs. County Attorney Dylan Reingold clarified that the 15-day due-diligence period, stated in the Commercial Contract,would give the buyer the opportunity to decide if the property would be suitable for their needs. Commissioner Zorc then mentioned that the property was sold to the current owner in March of 2020. Emergency Services Director Tad Stone stated that he had looked at the property when the parcel was on the market previously,but there was not access to 18th Street,as the access easement was not available to be purchased at the time. County Administrator Jason Brown provided background related to the prior sale of the property. He made mention that water and sewer were readily available at the location being discussed,and he spoke in favor of the purchase. Indian River County Florida 75ge 1 Board of Commissioners ESD Meeting Minutes-Draft June 9,2020 Discussion ensued among Commissioner O'Bryan, Commissioner Zorc, and Chief Stone related to the limited availability of parcels of land in the area. Commissioner O'Bryan did not feel it was necessary to direct staff to return with site-improvement costs prior to the close of the due-diligence period. A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve staff's recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Indian River County Florida 75ge 2 1 iso Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com /e0 <( CC)di 4 7)e-* �ORI��' Kos\‘`y* Emergency Services District Meeting Minutes - Draft Tuesday, June 16, 2020 This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. Commission Chambers Board of Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. ()Bryan Commissioner Bob Solari Jason E. Brown,County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Terri Collins-Lister, Deputy Clerk 759 Board of Commissioners ESD Meeting Minutes-Draft June 16,2020 A. Emergency Services District [Clerk's Note: These items were heard following Item 10.A.4., and placed here for continuity.] The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. 20-1623 Approval of Minutes Meeting March 03, 2020 Recommended Action: Approve Attachments: 03032020ESD Draft A motion was made by Vice Chairman Flescher,seconded by Commissioner O'Bryan,to approve the Minutes Meeting of March 3,2020. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan,and Commissioner Solari 15.A.2. 20-1631 Sole Source Purchase of Five (5) Stryker Lucas v3.1 CPR Compression Devices Recommended Action: Staff recommends the Board approve the sole source purchase of five(5) Stryker Lucas v3.1 CPR Compression Devices Attachments: Staff Report LUCAS3 QTY 4 QUOTE LUCAS3 QTY 1 QUOTE Sole-Source Letter 2020 There was no discussion regarding this item. A motion was made by Vice Chairman Flescher,seconded by Commissioner Zorc,to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan,and Commissioner Solari The Board of Commissioners of the Emergency Services District reconvened as the Board of County Commissioners, and the regular meeting resumed with Item 12.D.1. Indian River County Florida 7 60g 1 1545 DISTRICT INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: July 31, 2020 SUBJECT: Approval of Second Amendment and Renewal of Property Lease for Temporary Location of Fire Station#7 It is respectfully requested that the information contained herein be given formal consideration by the County Administrator. DESCRIPTION: On June 23,2015,Joseph G.Miller and Indian River County entered into a lease agreement for the use of the property located at 1893 90th Avenue,Vero Beach,Florida to serve as a short term location for modular Fire-Rescue Station#7. On May 2, 2017, an Amendment to the Lease Agreement was approved reflecting St.Lucie County Battery and Tire Company as the Lessor on the agreement.The initial term on the lease agreement was 24 months with the option to renew for 3 additional one(1) year terms. On June 11, 2019, the County utilized the final one (1) year extension and the lease expired on June 23, 2020. At this time, staff is requesting to amend the current lease agreement so it can be extended for an additional one(1)year term with the option to extend the lease for an additional three(3),one year terms. The monthly lease amount proposed is $1,060.90 ($12,730.80/annually), which is a 3% increase from the current monthly lease amount. FUNDING: Funding for the property lease is budgeted and available from the Emergency Services District Funds as follows: ITEM Amount Account Number Fire Rescue Station#7 Property Lease $12,730.80 11412022-034410 RECOMMENDATION: Staff recommends approval of the amendment and renewal of property lease. ATTACHMENTS: Two Copies of the Lease 761 SECOND AMENDMENT AND RENEWAL OF LEASE AGREEMENT THIS AMENDMENT AND RENEWAL OF RENEWAL OF LEASE AGREEMENT ("Renewal")is entered into as of the day of August,2020 by and between St. Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a political subdivision of the State of Florida(the"Lessee"): RECITALS WHEREAS,on June 23,2015,Joseph G.Miller and Lessee entered into a lease agreement (the "Lease Agreement") for the use of the property located at 1893 90th Avenue, Vero Beach, Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station#7; and WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to Lessor; and WHEREAS, on May 2, 2017, Lessor and Lessee entered into an Amendment to Lease Agreement,reflecting St. Lucie Battery and Tire Company as the Lessor on the Lease Agreement; and WHEREAS,the Lease Agreement allows the Lessee to renew the Lease Agreement, at its sole discretion, for 3 additional one(1) year terms; arid WHEREAS, on June 19, 2018, the Lessor and Lessee renewed the Lease Agreement for the second one (1) year term; and WHEREAS, on June 19, 2019,the Lessor and Lessee renewed the Lease Agreement for the third one(1) year term; WHEREAS, it is the intent of the Lessor and the Lessee that the Lease Agreement be amended so it can be extended for an additional one (1) year term with the option to extend the lease for an additional three(3), one year terms; 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. Amendment. The Lease Agreement is hereby amended to provide for an additional term of one year from June 19,2020 to June 18,2021. Following the additional term,the Lessee shall have the right to renew the Lease Agreement for three(3) additional one year terms, provided however, that the Lessee informs the Lessor one hundred twenty (120) days before the expiration of the lease of the Lessee's desire to exercise its right to the additional Page 1 of 2 762 one-year term. Be it further amended that the rental rate paid to the Lessor by the Lessee be increased by 3%to$1,060.90 per month or$12,730.80 annually. The rent shall increase by 3% each successive year the Lease Agreement is renewed by Lessee. 3. All provisions of the Lease Agreement, as amended by the Amendment to Lease Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this day of August, 2020, nunc pro tune June 18, 2020. INDIAN RIVER COUNTY,FLORIDA St. Lucie Battery and Tire Company Susan Adams, Chairman By: G. Douglas Miller Board of County Commissioners Title: President Witnessed by: Date Approved: ATTEST: Jeffrey R. Smith signature: Clerk of the Court and Comptroller Printed name: By: signature: Deputy Clerk Printed name: APPROVED AS TO FORM: APPROVED Dylan Reingold, Esq. County Administrator County Attorney Page2of2 763 /Si / Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com I V I 6 * kilil,( * ORIOA . Solid Waste Disposal District Meeting Minutes - Draft Tuesday, May 19, 2020 9:00 AM This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. Commission Chambers Board of 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 Jacqueline Rizzo, Deputy Clerk 764 Board of Commissioners SWDD Meeting Minutes-Draft May 19,2020 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15. B.1. 20-1561 Leachate Pilot Study Results and Final Payment to the Indian River Eco-District and Geosyntec Recommended Action: Solid Waste Disposal District(SWDD)staff recommends that its Board approve the following: a)Approve the final payment to Geosyntec in the amount of$1,824.18; and,b)Approve the final payment to the Indian River Eco-District, LLC (IRED)in the amount of$18,669.96,which includes the approval of additional third party expenses in the amount of$3,211.63. SWDD staff offers the following options for Board approval: a)Waive bid requirements and direct staff to further negotiate with IRED/Heartland on a short-term or long-term leachate treatment project for SWDD Board review at a future meeting, or; b)Direct staff to issue a Request for Proposals for a leachate treatment of 20,000 gallons per day using Evaporation Technology either on the SWDD property or an off-site property using landfill gas or an alternative heat source Attachments: Staff Report Geosyntec Summary Letter Final Invoice from Geosyntec Final Invoice from Indian River Eco-District LLC Director of Utility Services Vincent Burke reviewed the information contained in his memorandum dated May 10, 2020. In his PowerPoint Presentation,Director Burke went over the results from the Leachate Pilot Study, and discussed leachate management options and recommendations. He detailed the pros and cons of a short-term verses long-term solution for the treatment of leachate on either the landfill property or the Indian River Eco District(IRED)property. The Board sought and received information from staff regarding the Pilot Study in regards to the thermal evaporation of leachate, other thermal destruction technology's success rates, cost per gallon for leachate treatment,monitoring emissions from the water vapor, utilizing landfill optimal heat source, and whether the vendor would be able to ramp up from 1,000 gallons per day to 20,000 gallons per day. Indian River County Florida ege 1 Board of Commissioners SWDD Meeting Minutes-Draft May 19,2020 Chairman Adams opened the floor for public comment. Alain Castro,Project Director of the IRED, participated via teleconference, and distinguished between the short-term and long-term solutions. He proposed that the Board go with the short-term solution of leasing the equipment for 12 to 15 months,while integrating into a long-term solution for the treatment of leachate. A discussion followed between the Board and Staff regarding the short-term solution,the time frame to transition into the long-term solution,continuing with the pilot study in the interim while exploring options for a long-term solution,and financing the project. The Board continued discussions, requesting additional information and a recommendation from staff. A motion was made by.Commissioner Solari,seconded by Chairman Adams,to approve: 1)final payments to Geosyntec and Indian River Eco-District, LLC.,and 2) waive the bid requirements, negotiate with Indian River Eco-District and Heartland for a short or long term solution for leachate treatment or a solution which combines both,and bring back both the material on the choices and a clear recommendation for a path forward. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15. B.2. 20-1564 Landfill Gas to Energy Project-Approval for Indian River Eco-District's Request to Change.Commencement Date Recommended Action: Solid Waste Disposal District staff offers the following options for Board approval: a)Approve the request by the Indian River Eco-District,LLC to change the commencement date from July 15,2020,to September 30,2021; and, b)Authorize the County Attorney to prepare an amendment to the Landfill Gas Agreement to include the change in commencement date,the request to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date Attachments: Staff Report Letter from Indian River Eco-District LLC Director of Utility Services Vincent Burke reviewed the information contained in his memorandum dated May 11,2020 regarding the Eco-District's request to change the commencement date for the Landfill Gas to Energy Project Agreement from July 15, 2020 to September 30,2021. Commissioner Solari sought and received clarification from Director Burke regarding the commencement date. Chairman Adams opened the discussion to the public for comments;there was none. Indian River County Florida 76Vge 2 Board of Commissioners SWDD Meeting Minutes-Draft May 19,2020 A motion was made by Commissioner Solari,seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc,Commissioner O'Bryan,and Commissioner Solari 15. B.3. 20-1566 Indian River County Landfill Gas Expansion-Work Order No. 2 to CDM Smith, Inc. Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the following: a)Approve Indian River County Landfill Work Order No. 2 with CDM Smith Inc.in the amount of$199,810 to provide engineering services related to Phase 1 of the Class I Landfill Segment 3 Cell 1 expansion of the landfill gas collection system; and,b)Authorize the Chairman to execute the same,as presented Attachments: Staff Report IRC Landfill Work Order No 2 Director of Utility Services Vincent Burke reviewed the information contained in his memorandum dated May 11, 2020 regarding the Indian River County Landfill Gas Expansion. Chairman Adams open the discussion for public comments;there was none. A motion was made by Commissioner Solari,seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc,Commissioner O'Bryan, and Commissioner Solari 15. B.4. 20-1565 Landfill Gas to Energy Project-Amendment No. 1 to Work Order No. 4 to Tetra Tech,Inc. Recommended Action: Solid Waste.Disposal District staff recommends that its Board approve the following: a)Approve CCNA-2018 Amendment No. 1 to Work Order No. 4 with Tetra Tech,Inc. in the amount of$28,364 to provide professional services related to the Technical Assistance with the Landfill Gas to Energy Project; and,b)Authorize the Chairman to execute the same, as presented Attachments: Staff Report CCNA-2018 Amendment No 1 Director of Utility Services Vincent Burke reviewed the information in his memorandum dated May 8, 2020,regarding continued technical assistance from Tetra Tech,Inc. for the Landfill Gas Energy Project. Chairman Adams open the discussion for public comments;there was none. • A motion was made by Commissioner Solari,seconded by Vice Chairman Indian River County Florida oge 3 Board of Commissioners SWDD Meeting Minutes-Draft May 19,2020 Flescher,to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari C. Environmental Control Board 16. ADJOURNMENT There being no further business,the Chairman adjourned the meeting at 11:04 a.m. Indian River County Florida 7Age 4 LCA, Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www ircgov.com _43tV E R*) i e_Olt- 6‘ 47,'.-,,-;-:, --, * ''.-:-..- '1,0R101" =,0RIO1" Solid Waste Disposal District Meeting Minutes - Draft Tuesday, June 9, 2020 Commission Chambers This meeting can be attended virtually by accessing YouTube Live. Instructions can be found included with this agenda and also online at www.ircgov.com. Board of 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 Rhonda D.Zirkle, Deputy Clerk 769 Board of Commissioners SWDD Meeting Minutes-Draft June 9,2020 B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. A motion was made by Commissioner O'Bryan,seconded by Vice Chairman Flescher,to approve the Solid Waste Disposal District Meeting Minutes of January 21,2020, February 11,2020,and February 18,2020. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan,and Commissioner Solari 15.B.1. 20-1575 Approval of Meeting Minutes January 21,2020 Recommended Action: Approve Attachments: 01212020SWDD Draft Approved 15.B.2. 20-1584 Approval of Minutes Meeting of February 11,2020 Recommended Action: Approve Attachments: 02112020SWDD Draft Approved 15.B.3. 20-1620 Approval of Minutes Meeting of February 18,2020 Recommended Action: Approve Attachments: 02182020SWDD Draft Approved 15.6.4. 20-1615 Request to Purchase Enviro-Blocks from Inter-Block Retaining Systems,Inc. Recommended Action: Solid Waste Disposal District(SWDD) staff recommends that its Board approve the following: a)Waive the requirement for bids for the purchase and installation of the Enviro-Block units from Inter-Block Retaining Systems in the total amount of$246,165.00; and,b)Authorize the Purchasing Manager to issue a purchase order to Inter-Block Retaining Systems for this project,after receipt and approval of the required vendor insurance Attachments: Staff Report Proposal from Inter-Block Retaining Systems Inc Indian River County Florida 77Jge 1 Board of Commissioners SWDD Meeting Minutes-Draft June 9,2020 There was no discussion on this item. A motion was made by Commissioner Solari,seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams,Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari • Indian River County Florida 77ge 2 /56 3 SWDD Item Indian River County Solid Waste Disposal District Board Memorandum Date: August 5,2020 To: Jason E. Brown,County Administrator Through: Vincent Burke, PE, Director of Utility Services From: Himanshu Mehta, Managing Director,Solid Waste Disposal District(SWDD) Prepared By: Ron T.Jones, BSCE,Assistant Managing Director,SWDD Subject: Ratification of Award of Bid 2020027—Old Dixie Highway-Landfill Wetland Mitigation Site Perimeter Fencing Descriptions and Conditions: The project includes the removal of existing hurricane damaged and collapsed fencing, and installation of 3,065 linear feet (LF) of new fencing, which includes two (2) equipment gates and one (1) personnel- gate. Project is located at the intersections of 22ND Street SE and Old Dixie Highway SE to the north and 23RD Street SE and Old Dixie Highway SE to the south. Bid No. 2020027 was advertised on June 16, 2020, and was opened on July 7, 2020. Since time is of the essence,staff requested and received approval on July 31,2020, as authorized under Resolution 2020-054, from the County Administrator to award Bid No. 2020027 (Phase 1) to KMG Fencing, LLC, of Apopka, Florida,as the lowest, responsible, and responsive bidder. The purpose of this agenda item is to request the Solid Waste Disposal District (SWDD) Board to ratify the bid award by the County Administrator and authorize the Chairman to execute the agreement. Analysis: SWDD staff reviewed the bids and routed an interoffice departmental memorandum through the Purchasing Department, the Department of Utility Services,the Budget Department, and the Attorney's Office for final approval by the County Administrator.This procedure was per authorization by the Board of County Commissioners (BCC) on July 7, 2020, in accordance with Resolution No. 2020-054. This resolution grants the County Administrator, or his designee, authorization to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 15, 2020, through and including August 17, 2020, provided that all such documents signed during such interval are brought to the BCC for ratification. Accordingly, please find attached the approved bid award with the corresponding documentation. SWDD Agenda-Ratification of Award of Bid No 2020027 for Fencing at Old Dixie Mitigation Site 772 Page 1 of 2 SWDD Item Funding: This is a lump sum project with the scope and total cost as shown in the table below. Scope of Work Unit Unit Type Amount Price PHASE 1 Remove 3,065 If of hurricane damaged fence,existing gates,rails,posts and barbed wire. Lump Linear PHASE 2 Install 3,065 If of new fence,2 equipment gates and 1 Sum Feet $53,106.46 personnel gate Total Amount $53,106.46 Funding for the SWDD Old Dixie Highway-Landfill Wetland Mitigation Site Perimeter Fencing is available in the SWDD capital improvement account,which is funded from SWDD assessments and user fees. Description Account Number Amount - Capital Outlay—Other Equipment(Fencing) 411-166002 $53,106.46 The backup for the funding is on file with the Department of Utility Services. Recommendation: Staff recommends the Solid Waste Disposal District Board consider the following: 1. Ratify the Award Bid 2020027 to KMG Fencing, LLC, of Apopka, Florida, as the lowest, responsible,and responsive bidder for this project;and, 2. Approve and authorize the Chairman to execute the agreement after receipt and approval of any required bonds and insurance, and after vendor has reactivated its registration with the Building Division, and after final review and approval by the County Attorney as to form and legal sufficiency. Attachment: 1. County Administrator Approval of Award of Bid No. 2020027 (on file with the Department of Utility Services) 2. Agreement with KMG Fencing, LLC of Apopka Florida SWDD Agenda-Ratification of Award of Bid No 2020027 for Fencing at Old Dixie Mitigation Site Page 2 of 2 773 Agreement for Site Perimeter Fencing at the Old Dixie Highway Landfill Wetland Mitigation Site THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER)and KMG Fence, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Old Dixie Highway—Landfill Wetland Mitigation Site Perimeter Fencing ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Old Dixie Highway—Landfill Wetland Mitigation Site Perimeter Fencing Bid Number: 2020027 Project Address: 150 23rd Street SE,Vero Beach, FL 32962 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run or date the Notice to Proceed is issued. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A below: A. For all Work,at the prices stated in CONTRACTOR's Bid: Numerical Amount:$53,106.46 Written Amount: Fifty three thousand one hundred six dollars and forty six cents 774 ARTICLE 5-PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time(Section 218.70, Florida Statutes,et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement or the Invitation to Bid. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER,and its officers and employees,from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state,and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by 775 CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts,errors,ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s)of Liability Insurance; (4) Invitation to Bid 2020027 (5) Addenda(numbers 1 to 2 ,inclusive); (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Bidders Questionnaire; (9)Drug Free Workplace Form; 776 (10)Affidavit of Compliance; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12)Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13)Certification Regarding Lobbying; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be-limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be 777 reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida,or, in the event of a federal jurisdiction,in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street 778 Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s)of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract;and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: 779 (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 780 This Agreement will be effective on ,20_(the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY KMG Fence, LLC By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 781 /Sell Indian River County Solid Waste Disposal District Board Memorandum Date: August 5,2020 To: Jason E. Brown,County Administrator Through: Vincent Burke, PE, Director of Utility Services From: Himanshu Mehta, Managing Director,Solid Waste Disposal District(SWDD) Prepared By: Ron T.Jones, BSCE,Assistant Managing Director,SWDD Subject: Ratification of Award of Bid 2020050(Phase 1)—Installation of New Concrete Pad at IRC Landfill and Ratification of Award of Bid 2020050 (Phase 2) — Demolition of Existing Structures Descriptions and Conditions: The project includes installation of a new concrete pad (Phase 1) and demolition of existing structures (Phase 2)at the Indian River County Landfill located at the 1325 74th Ave SW,Vero Beach, Florida 32968. Bid No. 2020050 was advertised on June 21, 2020,and was opened on July 14, 2020.The bid documents clearly stated that to facilitate completion of the project, Phases 1 and 2 may be awarded entirely to a single contractor,or individually to separate contractors. Since time is of the essence, staff requested and received approval on July 29, 2020,as authorized under Resolution 2020-054, from the County Administrator to award Bid No. 2020050 (Phase 1) to Summit Construction of Vero Beach, LLC, as the lowest, responsible, and responsive bidder for this phase of the project, and approval to award Bid 2020050 (Phase 2) to Timothy Rose Contracting, Inc. as the lowest, responsible,and responsive bidder for this phase of the project. The purpose of this agenda item is to request the Solid Waste Disposal District (SWDD) Board to ratify the bid award by the County Administrator and authorize the Chairman to execute the agreements. Analysis: SWDD staff reviewed the bids and routed an interoffice departmental memorandum through the Purchasing Department, the Department of Utility Services, the Budget Department and the Attorney's Office for final approval by the County Administrator.This procedure was per authorization by the Board of County Commissioners on July 7, 2020, in accordance with Resolution No. 2020-054. This resolution grants the County Administrator, or his designee, authorization to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 15, 2020, through and including August 17, 2020, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. Accordingly, please find attached the approved bid award with the corresponding documentation. 782 Funding: Phase 1—Concrete Pad Scope of Work Area Unit Type Unit Price Annual Amount PHASE 1 Construct 80'x 240'concrete pad for the purpose of collecting and 19,200 Square Feet Lump sum $183,000.00 loading transport trucks Funding for the SWDD Concrete Pad is budgeted and available in the SWDD capital improvement accounts,which are funded from SWDD assessments and user fees.The backup for the funding is on file with the Department of Utility Services. Description Account Number Amount Other Improvements 411-164051 $183,000.00 Phase 2—Demolition Scope of Work Area Unit Type Unit Price Annual Amount PHASE 2 Demolition of existing structure(s) along with concrete foundations and collapsed concrete containment walls. 36,598.92 Square Feet Lump Sum $55,000.00 Backfill, regrade and grass area. Funding for the SWDD Demolition work is budgeted and available in the SWDD capital improvement accounts,which are funded from SWDD assessments and user fees.The backup for the funding is on file with the Department of Utility Services. Description Account Number Amount Landfill Int Roadway/Drainage (Demolition) 411-169000-20031 $55,000.00 Recommendation: Staff recommends the Solid Waste Disposal District Board consider the following: 1. Ratify the Award Bid 2020050 (Phase 1 — Installation of New Concrete Pad) to Summit Construction of Vero Beach, LLC, as the lowest, responsible, and responsive bidder for this phase of the project; 2. Ratify the Award Bid 2020050 (Phase 2 — Demolition of Existing Structures) to Timothy Rose Contracting, Inc., as the lowest, responsible, and responsive bidder for this phase of the project; and 3. Approve and authorize the Chairman to execute the agreements after receipt and approval of any required bonds and insurance, and final review and approval by the County Attorney as to form and legal sufficiency. 783 Attachments: 1. County Administrator Approval of Award of Bid No.2020050(on file in Department of Utility Services) 2. Agreement with Summit Construction of Vero Beach, LLC 3. Agreement with Timothy Rose Contracting, Inc. 784 Agreement for the Installation of New Concrete Pad at IRC Landfill THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summit Construction of Vero Beach, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Phase 1- Installation of New Concrete Pad at IRC Landfill ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Phase 1-Installation of New Concrete Pad at IRC Landfill Bid Number: 2020050 Project Address: 1325 74th Ave SW,Vero Beach, Florida 32968 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B, below: A. For all Work,at the prices stated in CONTRACTOR's Bid: Phase 1-Installation of New Concrete Pad at IRC Landfill: Numerical Amount:$183,000.00 Written Amount: One hundred eighty three thousand dollars and zero cents 785 ARTICLE 5-PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion,the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act,as may be amended from time to time(Section 218.70, Florida Statutes,et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work.Any payment, however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under this Agreement,the Invitation to Bid or the Public Construction Bond. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees,from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees,to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. 786 E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s)of Liability Insurance; (5) Invitation to Bid 2020050; (6) Addenda(numbers 1 to 2 , inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Bidders Questionnaire; (10) Drug Free Workplace Form; (11)Affidavit of Compliance; (12)Sworn Statement Under Section 105.08, Indian River County Code,on Disclosure of Relationships; 787 (13)Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14)Certification Regarding Lobbying; (15)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners,successors, assigns,and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 788 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall:. (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate publicrecords that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; 789 (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 790 OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the.Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 791 This Agreement will be effective on ,20 (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY Summit Construction of Vero Beach,LLC By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E. Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 792 Agreement for Demolition of Existing Structures at IRC Landfill THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Timothy Rose Contracting, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1-WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Phase 2- Demolition of Existing Structures at IRC Landfill ARTICLE 2-THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Phase 2-Demolition of Existing Structures at IRC Landfill Bid Number: 2020050 Project Address: 1325 74th Ave SW,Vero Beach, Florida 32968 ARTICLE 3-CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. ARTICLE 4-CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.B,below: A. For all Work,at the prices stated in CONTRACTOR's Bid: Phase 2-Demolition of Existing Structures: Numerical Amount:$55,000.00 Written Amount: Fifty five thousand dollars and zero cents 793 ARTICLE 5-PAYMENT PROCEDURES 5.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion,the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act,as may be amended from time to time(Section 218.70, Florida Statutes,et seq.). 5.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work.Any payment, however,final or otherwise,shall not release the CONTRACTOR or its sureties from any obligations under this Agreement,the Invitation to Bid. ARTICLE 6-INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees,from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7-CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal,state, and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface,subsurface,and Underground Facilities)at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto. 794 E. CONTRACTOR does not consider that any further examinations, investigations, explorations,tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all additional examinations,investigations,explorations,tests,studies,and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8-CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s)of Liability Insurance; (4) Invitation to Bid 2020050; (5) Addenda(numbers 1 to 2 ,inclusive); (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Bidders Questionnaire; (9) Drug Free Workplace Form; (10)Affidavit of Compliance; (11)Sworn Statement Under Section 105.08, Indian River County Code,on Disclosure of Relationships; (12)Certification Regarding Prohibition Against Contracting with Scrutinized Companies; 795 (13)Certification Regarding Lobbying; (14)The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9-MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners,successors,assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements,and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida,or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance 796 A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contractterm and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost,to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this.Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment,as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon;or 797 (5) if CONTRACTOR abandons the work, is adjudged bankrupt,or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub-Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D.The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria,as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have 798 been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. 799 This Agreement will be effective on ,20 (the date the Agreement is approved by the Indian River County Board of County Commissioners,which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY Timothy Rose Contracting,Inc. By: By: Susan Adams,Chairman (Contractor) By: (CORPORATE SEAL) Jason E.Brown,County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold,County Attorney Address for giving notices: Jeffrey R.Smith,Clerk of Court and Comptroller License No. Attest: (Where applicable) Deputy Clerk (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Address: Title: Phone Address: Email Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 800 / AS Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 7,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Subject: Approval of 2021 CPI Adjustment Request by Republic Services Descriptions and Conditions: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement (Agreement) with Republic Services of Florida, LP (Republic Services).The agreement is for the operation and maintenance of the County's Class 1 landfill as well as non-Class 1 landfill services. The contract began January 1, 2011, with an initial term of seven (7) years with an option for one (1) renewal term of seven (7) years. On February 21, 2017, the SWDD Board approved the Ninth Amendment and extension to contract agreement with Republic Services extending the agreement for another seven (7) years beginning on January 1, 2018 and expiring on December 31, 2024.Section 4 of this renewal agreement includes an Annual Escalation provision allowing 100%change in the Consumer Price Index(CPI)with the maximum rate adjustment set to 3.0%. On July 2, 2019,the SWDD Board approved an annual request by Republic Services for a CPI increase of 1.16%effective January 1,2020.This approval resulted in the Class 1 landfill operations and maintenance including the landfill gas system increasing from a rate of$13.49 per ton for Calendar Year(CY)2019 to a rate of$13.65 per ton for CY 2020.The Fiscal Year(FY) 2019/2020 expenditures to date for the first nine months are $2,046,646.93 out of a total fiscal year budget of$2,791,675.00. For the non-Class 1 landfill services, primarily the operation of the five customer convenience centers,the compensation to Republic Services increased from $3,028,056.48 for CY2019 to $3,063,181.94 for CY2020. The FY 2019/2020 expenditures to date for the first nine months are $2,314,130.16, out of a total fiscal year budget of $3,097,900.00. On May 19, 2020, Republic Services submitted an annual rate adjustment request of 2.276% to be effective January 1, 2021. On June 22, 2020, per approval by the County Administrator, a letter of CPI adjustment disapproval was sent to Republic Services due to the economic hardship of COVID-19 and clarifying that there was a calculation error and the correct CPI adjustment was 2.25%. On June 26, 2020, Republic Services responded acknowledging the 2.25%CPI correction and stated the decision to not award the CPI increase was not reasonable and should be reversed. On July 2, 2020, the County Attorney responded to Republic Services stating that it was reasonable to refuse the request in the CPI increase. At the preliminary budget hearing on July 15, 2020, the SWDD Board directed staff to include the CPI increase in the next fiscal year budget to Republic Services. Therefore, this agenda item is requesting SWDD Board approval for the 2021 CPI adjustment request by Republic Services. 801 Analysis: On March 3, 2020, the SWDD Board approved the 13th Amendment to Republic Services for additional lump sum compensation for the Landfill Gas System Operation and Maintenance (O&M) services. This approval increased the overall payment for the Non-Class 1 Landfill services from $3,063,181.94 per calendar year to $3,104,585.94 per year. On July 14, 2020, the SWDD Board approved the 14th Amendment to Republic Services for additional lump sumcompensation for the Landfill Gas System Operation and Maintenance (O&M) services. This approval increased the overall payment for the Non- Class 1 Landfill services from$3,104,585.94 per calendar year to$3,117,675.94 per year. Staff has reviewed,verified, and recommends the approval of the request by Republic Services of 2.25% of the Class 1 landfill rate and the Non-Class 1 landfill rate. In summary, here are the changes: Services Calendar Year 2020 Rate Calendar Year 2021 Rate Change from Prior Year %Change Class 1 Landfill $13.65 per ton $13.96 per ton $0.31 per ton 2.25% Non-Class 1 Landfill $3,117,675.94 per year $3,187,823.65 per year $70,147.71 2.25% Funding: Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account,and the funding for the SWDD non-Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. Below are the proposed funding allocations for FY20/21,which are expected to be sufficient for the recommended CPI increase: Description Account Number Amount Landfill—Contractual Services 41121734-033489 $3,000,000 Recycling—Contractual Services 41125534-033489 $3,200,000 Recommendation: Solid Waste Disposal District staff recommends the following for Board review and approval: 1. Approve the Calendar Year 2021 request for a 2.25% Consumer Price Index rate adjustment by Republic Services of Florida, LP, to be effective January 1, 2021, and authorize the County Administrator to take any necessary actions to effectuate the change. Attachment: 1. Rate Adjustment Letter Request from Republic Services 802 Auk 3905 Oslo Road,Vero Beach,FL 32960 � AP REPUBLIC 561-719-8638 www.republicservices.com SERVICES June 26, 2020 Indian River County Solid Waste Authority District Attn: Himanshu Mehta P.E. Managing Director 1801 27th Street Vero Beach, FL 32960 Re: Updated 2021 Rate Adjustment/Landfill and Convenience Center Operations. Dear Mr. Mehta,. . It is that time of year when we notify our counties of the.annual Consumer Price Index rate adjustment. This early notification allows you to plan your budget for the next fiscal year. We appreciate the opportunity to provide Solid Waste Operations and Maintenance for the Landfill and Convenience Centers and look forward to our continued partnership with your community. Each year our agreement allows us a rate adjustment to reflect the change in the cost of doing business, as measured by fluctuations in the Consumer Price Index(CPI), South Urban Consumers,All Items,published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment shall be computed as follows: For each subsequent year of the Contract, the net percentage shall be 100 percent of the difference between the CPI as of the immediately preceding January and second preceding January divided by the CPI as of the second preceding January. This year's rate adjustment is 2.25%Therefore as of January 1, 2021,the new adjusted rates will be$13.96 per ton for the Landfill and$3,187,832.55 per year for the Convenience Centers. I have enclosed the necessary documentation for your review. Please feel free to contact me should you have questions. Regards, Joawwe stawte� Joanne Stanley Manager,Municipal Sales Republic Services Cc: Jason Brown- County Administrator Vincent Burke-P.E. Director of Utility Services Brian Lewis- Operations Manager Bryan Risley- Finance Manager N- 0 N CCDD O^0 N- N 00) .- 03N- 0) 0 0 LL f` 0 r` a ca r` C' V a -i � DiriN- oor) o6Cir: 0 2 N N N N CI N N N N 61- N 'V W CMZ O M 0 CO N N O) ' V _W O LL 0) N o CO+) COO (10 ? 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N _ 0 _ N 0 3° in Q 0 9 Q CI) Q N M to-IA jp V d N �O in 7 N N O C 7 CO a A > 'O cc ,_a),_, 3 d (0 T C) O = Q 73 0 y E z m ILI < O T+ C 1' O >.C3 EO 9 A ~ 0 X L \ C m w C 0 O N a h CC 0 w C N En m N 0) f0 E W A o - N CO N CD 1` CO 01'O. g N cc Q U V O to Z to 0) ro 0) 0 0 0 0 0 0 0 0 0 0 o a co LL 0 3 Q '_" m >- NNNNNNNNNNN 0 0 _, 0 0 to /564' Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 9,2020 To: Jason E.Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Himanshu H.Mehta,PE,Managing Director,Solid Waste Disposal District Subject: Indian River County Landfill Amendment No.3 to Work Order No. 1 and Final Pay to CDM Smith, Inc. Descriptions and Conditions: On July 18, 2017, the Solid Waste Disposal District (SWDD) Board approved the Indian River County (IRC) Landfill contract agreement with CDM Smith, Inc. (CDM Smith),in accordance with FS 287.055,Consultant's Competitive Negotiation Act per the Request for Qualification#2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion,and Cell Construction. Also on July 18, 2017, the SWDD Board approved the IRC Landfill Work Order No. 1 to CDM Smith in the amount of $131,820 for Phase 1 to provide professional engineering services for the Class I Landfill, Segment 3, Cell 2 expansion (approximately 10.6 acres in size); the partial closure of Segment 2 (approximately 25 acres in size); and expansion of the landfill gas collection system (Project). Phase I included an evaluation of available information and developing sufficient information to update/revise existing permit design drawings and complete the final design and specifications to be used for procurement. On October 3,2017,the SWDD Board approved IRC Landfill Amendment No. 1 to Work Order No. 1 to CDM Smith in the amount of$558,679 for Phase II of the project, increasing the overall total cost for Work Order No. 1 to $690,499. Phase II engineering services included the preparation of the final design and bid package, permitting/regulatory agency support, opinion of probable construction cost, and bidding assistance. On March 1, 2018, the IRC Purchasing Division received three bids for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and the Landfill Gas System Expansion for Bid No.2018025.On April 10,2018,the SWDD Board awarded the bid to Thalle Construction Company, Inc. in the amount of the base bid of $14,576,600,with a 10%contingency of$1,457,660,for a grand total of$16,034,260. A Notice To Proceed (NTP)was issued on May 9, 2018,with a Substantial Completion for the Closure and Landfill Gas Expansion portion to be done within 180 days(Milestone 1)and with a Substantial Completion for the Cell 2 Expansion portion to be done within 360 days(Milestone 2),followed by a Final Completion within 390 days. 805 Also on April 10, 2018, the SWDD Board approved IRC Landfill Amendment No. 2 to Work Order No. 1 to CDM Smith in the amount of $1,332,150 for Phase III of the project, increasing the overall total cost for Work Order No. 1 to$2,012,649. Phase III of the work was for engineering services during construction. The project has been completed and a final change order, release of retainage,and final payment are being recommended for approval under a separate agenda item. Overall,the project will have resulted in a total of eight(8)change orders to Thalle,and an approved extension of time for Milestone 1 of an additional 304 days and an additional total of 262 days for Milestone 2 and Final Completion. The project utilized the approved contingency funding to process the various change orders,coming in under budget by$1,228.09 and a final project payment to Thalle of$13,373,904.77. However,SWDD was able to utilize direct purchase procedures,which reduced the payment to Thalle by$2,659,127.14 but resulted in the overall construction project costs to SWDD in the amount of$16,033,031.91. Throughout this process, CDM Smith has provided the additional engineering services during construction balancing between the lump sum portion,and time and materials portion of their work order. However,the additional services during construction has resulted in a request for a final change order from CDM Smith in the amount of$23,200, increasing the overall total cost for Work Order No. 1 to$2,035,949. Staff supports this request for a final reconciliation change order. A project completion report and final invoice by CDM Smith is attached. This agenda item requests approval for IRC Landfill Amendment No. 3 to Work Order No. 1 and Final Pay to CDM Smith in the amount of$27,689.55. Analysis: CHANGE ORDER-CDM Smith has provided IRC Landfill Amendment No. 3 to Work Order No. 1, provided in Attachment 1,for engineering construction services detailing the scope of work, budget, and schedule for the project.The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The table below shows the expected completion date and their estimated fees. TASK DESCRIPTION AMOUNT Phase Task 8—Specialty Engineering Services During Construction $23,300 Lump Sum III (Subtask 8.2 Change Order-Amendment No.3 to Work Order No.1) Total $23,300 Staff supports the request by CDM Smith for a final reconciliation request of $23,300 for Task 8.2 for additional engineering services during construction. SUMMARY OF ENGINEERING SERVICES DESCRIPTION APPROVED APPROVED BY FUNDING SOURCE ACTUAL EXPENSED EXPANSION CLOSURE TOTAL EXPANSION CLOSURE TOTAL Phase I July 18,2017 $43,334.00 $88,486.00 $131,820.00 $21,370.38 $40,644.02 $62,014.40 Phase II October 3, $330,964.00 $227,715.00 $558,679.00 $340,682.46 $278,647.14 $619,329.60 2017 Phase III March 1,2018 $570,627.00 $751,523.00 $1,322,150.00 $597,326.51 $724,823.49 $1,322,150.00 Phase III— Pending $10,350.00 $12,950.00 $23,300.00 $10,350.00 $12,950.00 $23,300.00 Change Order Total Engineering Costs $955,275.00 $1,080,674.00 $2,035,949.00 $969,729.35 $1,057,064.65 $2,026,794.00 806 FINAL PAY-CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $27,689.55. After final payment, the total amount paid to CDM Smith will be $2,026,794.00. This represents approximately 12.64%of the overall construction Project costs. Funding: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. The expansion cost is budgeted and funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT AMOUNT Segment 3 Landfill Expansion 411-169000-17025 $12,215.45 Accrued Closure—I, II & Infill 411-239006(Escrow) $15,474.10 Total Construction Services= $27,689.55 Recommendation: Solid Waste Disposal District staff recommends that its Board approve the following: a) Approve Indian River County Landfill Amendment No. 3 to Work Order No. 1 with CDM Smith Inc. in the amount of $23,300 to provide Phase III engineering services related to the Class I Landfill Segment 3 Cell 2 expansion,Segment 2 Partial Closure and Landfill Gas System Expansion. b) Authorize the Chairman to execute the same,as presented. c) Approve CDM Smith's final invoice amount of$27,689.55. Attachments: 1) IRC Landfill Amendment No.3 to Work Order No. 1 2) CDM Smith Final Invoice and Project Completion Report 807 AMENDMENT NUMBER 3 WORK ORDER NUMBER 1 Segment 3 Cell 2 Expansion,Segment 2 Partial Closure And Landfill Gas Collection System Expansion Phase Ill - Engineering Services During Construction This Amendment 3 to Indian River County (IRC) Landfill Work Order Number 1 is entered into as of this _ day of , 201_, in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction, dated July 18, 2017 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith Inc. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 1, Effective Date 7/18/2017. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment,the above-referenced Work Order is amended as set forth in this Amendment. Pursuant to Section 1 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 CDM Smith Inc. OF INDIAN RIVER COUNTY By: By: Chairman Title: BCC Approved Date: Attest:Jeffrey R.Smith,Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown,County Administrator Approved as to form and legal sufficiency: Dylan T. Reingold,County Attorney 808 %i1th 1701 Highway A 1 A Suite 301 Vero Beach,Florida 32963 tel: 772 2314301 fax: 772 2314332 August 10,2020 Mr.Himanshu Mehta,P.E. Managing Director. Solid Waste Disposal District 1325 74th Ave SW Vero Beach,FL 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell 2 Expansion,Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Amendment No.3 to Work Order No. 1 Dear Mr.Mehta: CDM Smith Inc.is pleased to submit this Amendment No.3 to assist Indian River County Solid Waste Disposal District(IRC SWDD)with additional services during construction of the above referenced project.This amendment includes review and preparation of additional change orders to the construction contract to add items as requested by IRC SWDD. We trust the enclosed is sufficient for your review;however,if you need additional information or clarification,please do not hesitate to contact our office. Sincerely, Martin J.Lewis,P.E.,BCEE,PMP Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PL1 6706-228608.05.04 cc: Eric Grotke,CDM Smith Kevin Vann,CDM Smith 1:28419docx Co WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES EXHIBIT A WORK ORDER NO. 1 —AMENDMENT NO.3 INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELL 2 EXPANSION,SEGMENT 2 PARTIAL CLOSURE,AND LANDFILL GAS COLLECTION SYSTEM EXPANSION PHASE III—ENGINEERING SERVICES DURING CONSTRUCTION This Amendment No.3 to Work Order No.1,when executed,shall be incorporated in and become part of the Agreement for Consulting Services between Indian River County Solid Waste Disposal District(SWDD) and CDM Smith Inc., (CONSULTANT),dated July 18,2017 hereafter referred to as the AGREEMENT. PROJECT BACKGROUND The original project duration was for 390 days to final completion.Through change orders an additional 262 days was added to the project.One of the biggest reasons was the structure of the contract where there was$1.4M in contingency on top of the contract price.This contingency was used for material overruns as well as owner requested additional works.These works included repaving the entrance road,placing under drains to capture leachate to prevent contaminating stormwater and additional enhancements to the IRC Landfill.While we were able to manage our resources to prevent a large change order because of this additional time,we did incur additional effort regarding the increase in the number of change orders from the planned three to eight.This represents a significant amount of effort which provided additional value to the client and project. This amendment is a reconciliation change order to complete the project. SCOPE OF SERVICES CONSULTANT has provided engineering services during construction to act as the OWNER's representative during the construction of the project.This Amendment No.3 includes amending Task 8.0 as follow:. TASK 8.0-SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION Activities performed under this task consist of supplementary and special engineering services required during the construction and implementation of the project: Subtask 8.2 This Subtask is amendment to provide services in connection with preparing five additional change orders for a new a total of eight change orders,which add a total of 27 items to the contract as requested by the OWNER. PROJECT SCHEDULE All work was completed by August 6,2020. CDM ■_ A-1 Jj2814_ExhibRA Smithh 810 PAYMENT AND COMPENSATION Compensation for this Amendment No.3 to Work Order No. 1 described herein shall be made in accordance with the Contract between SWDD and CONSULTANT.The lump sum amount of Amendment No.3,for Task 8.2,is$23,300.The amended total amount for Task 8.0 is$107,880.The new not to exceed (NTE) Grand Total Amount of Work Order No. 1 is$2,035,949. For invoice purposes only,the value of Task 8 in this Amendment No.3 is as shown in Table 1. Table 1 TASK VALUE FOR INVOICE PURPOSE—AMENDMENT NO.2 TO WORK ORDER NO. 1 TASK DESCRIPTION VALUE 8.2 Special Engineering Services During Construction(Lump Sum) $23,300 TOTAL AMENDMENT NO.3 TO WORK ORDER NO.1(Lump Sum)= $23,300 TOTAL AMENDMENT NO.2 TO WORK ORDER NO. 1(NTE)= $1,322,150 ORIGINAL WORK ORDER NO. 1 AND AMENDMENT NO.1(NTE)= $690,499 NEW GRAND TOTAL AMOUNT FOR WORK ORDER NO.1(NTE)= $2,035,949 AMENDMENT NO.2 WORK BREAKDOWN FOR FUNDING PURPOSES Segment 3 Cell 2 Expansion Lump Sum= $10,350 Segment 2 Partial Closure and LFG Collection System Expansion Lump Sum $12,950 CORCly `h A-2 - J12814_ExhibitA �7■�.i`■� 811 • • N • rr • O 0 Cb O M M F • • N M 64 N • • • C `f ' • L 0 N . a Ncl, N R N M Ofe 64 N F . • • • z Y 0 7 2 CO M V] o N z CO �. • W •C N . N •O 0.U fD CO • c co C . C/) . C¢7 c • 0 a c-'.N • o 0 N LL N w • z �, o a .ate `. 1 • � Az wGa • d "' a U Q o 0 0 0 a C . r a` • 5 _,U m p O .a • .co m 111 Q W Q a • • N O N CI W Q N N V) . Z' o N . z r a. I••• W > r; • c7 °' • . W a d • c_ • V • • N .. • N E) • .9 t K m � s ` la ,Ts s • m °D a> s c 8 C L Y 4- L c C V O OD n . ei N o A • m•¢ ~ 11 O. U . O yo + m C EXHIBIT 8-2 BUDGET PROJECT: INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELL 2 EXPANSION,SEGMENT 2 WORK ORDER NO.1-AMENDMENT 3 • DESCRIPTION: As Outlined in the Scope of Services,Exhibit A. REFERENCE: Agreement between Indian River County Solid Waste Disposal District and CDM Smith Inc. Labor Category Hours Rate Total Sr.Officer 2 $240 $480 Assoicate 5 $215 $1,075 Principal . 60 $210 $12,600 Senior Professional 40 • $175 $7,000 Senior Support Services 16 $130 $2,080 Total Hours= 123 Total Labor,Lump Sum $23,235 Labor $23,235 OP $0 • ODC $65 Total $23,300 SUBTOTAL TASK 8 Lump Sum= $23,300 TOTAL= $23,300 • • • • Exhibit B 228808,1ex Exhibit B-2 Budget 8/7/2020 B-2 813 • CDMA Please Remit To: CDM Smith Inc. Still th PO Box 100902 Atlanta GA 30384-0902 621 NW 53rd St.,Suite 265 Boca Raton FL 33487 Tel:+1(561)571-3800 DRAFT INDIAN RIVER COUNTY FLORIDA Account Number: 000200418081 HIMANSHU MEHTA,P.E. Wire Routing: 011000138 1325 74TH AVENUE S.W. Invoice Number: 43 VERO BEACH FL 32960 Invoice Date: 08/08/2020 Project Number: 228608 Amount Due: $27,689.55 SERVICES FROM June 21,2020 TO August 8,2020 In accordance with the agreement for Engineering Consulting Services for Indian River County Landfill ("Agreement"), and Work Order Number 1-Amendment 2,dated July 18, 2017 between Indian River County Solid Waste Disposal District(SWDD), and CDM Smith Inc. ("Consultant"),we are rendering the following invoice for Professional Engineering Services as described below: Task % Total Previously Amount Due Task Amount Complete Invoiced Invoiced This Period TASK 2-PROJECT QUA $108,970.00 100.00% $108,970.00 $108,970.00 $0.00 TASK 7-GENERAL ENG $551,125.00 100.00% $551,125.00 $550,919.98 $205.02 :TASK 8-SPECIAL ENG $84,580.00 118.51% $100,235.85 $80,989.00 $19,246.85 TASK 9.0 RESIDENT SERVICES DURING $577,475.00 101.32% $585,119.15 $576,881.47 $8,237.68 CONSTRUCTION-TA Total $1,322,150.00 $1,345,450.00 $1,317,760.45 AMOUNT DUE THIS PERIOD $27,689.55 814 CDM Please Remit To: Smith DRAFT CDM SmithInc. Po Box loo902soz Atlanta GA 30384-0902 621 NW 53rd St.,Suite 265 Boca Raton FL 33487 Tel:+1(561)571-3800 INDIAN RIVER COUNTY FLORIDA Account Number: 000200418081 HIMANSHU MEHTA, P.E. Wire Routing: 011000138 1325 74TH AVENUE S.W. Invoice Number: 43 VERO BEACH FL 32960 Invoice Date: 08-AUG-2020 Project Number: 228608 Amount Due : $27,689.55 Services from June 21, 2020 to August 8, 2020 In accordance with the agreement for Engineering Consulting Services for Indian River County Landfill ("Agreement"),and Work Order Number 1-Amendment 2,dated July 18, 2017 between Indian River County Solid Waste Disposal District (SWDD), and CDM Smith Inc. ("Consultant"),we are rendering the following invoice for Professional Engineering Services as described below: [PROJECT SUMMARY Description Amount Previously Invoiced $1,317,760.45 Description Amount Invoiced ITD $1,345,450.00 Total Due $27,689.55 Total Contract Amount $1,322,150.00 Balance Remaining ($23,300.00) Percent Complete 101.76% TASK 9.0 RESIDENT SERVICES DURING CONSTRUCTION-TA Outside Professionals SubConsultants Amount SCHULKE,BITTLE,&STODDARD, $8,237.68 LLC. Subtotal Outside Professionals $8,237.68 Total Outside Professionals $8,237.68 Total $8,237.68 Amount Due $8,237.68 • 815 JJOSEPH OSEPH B. ITTLEP.E,P.E SCHULKE; BITTLE & STODDARD, L.L.C. WILLIAM P.STODDARD,Ph.D.,P.E. CIVIL&STRUCTURAL ENGINEERING •LAND PLANNING •ENVIRONMENTAL PERMITTING August 7,2020 18-09619 CDM Smith Order number: 83052 CDM Smith do Marty Lewis 1701 Highway AlA, Suite 301 Vero Beach,FL 32963 NAU-payables@cdmsmith.com Re`. Invoice for Engineering Services Professional Inspection Services—Indian River County Landfill Description of Services: 04/16/20—08/07/20 Phase II-Administration 4.0 Contract Administration and Inspections See attached daily inspection reports Inspector: 106.75 hours x$ 70.00/hour $7,472.50 Inspector(Overtime) 000.00 hours x$105.00/hour $ 0.00 Total Engineering: $7,472.50 Reimbursable Expenses: Prints: 1 print x$2.00/print $ 4.00 Copies: 82 copies x$0.15/copy $ 12.30 Total Reimbursables: $ 16.30 Total Due: $7,488.80 Total Contract amount: $165,540.00 Amount: $ 7, 488 . 80 Total of all previous invoices: $153,658.78 CGarge#: 228608 T&M Task 9 . 01 we#: 542546 P.o.# 83052 This invoice total: $ 7,488.80 Judy Jensen will create the work confirmation Approval: Contract amount remaining: $ 4,392.42 Thank you for your business! 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 TEL 772/770-9622 FAX 772/770-9496 EMAIIL info@sbsengineers.com Certification of Authorization No:00008668 816 CDM Smith 1701 Highway A 1 A Suite 301 Vero Beach,Florida 32963 tel: 772 2314301 fax: 772 2314332 August 11,2020 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Ave SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell 2 Expansion,Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Final Completion Report Dear Mr. Mehta: Transmitted herewith is the project completion report for the above referenced project.This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County(IRC)Solid Waste Disposal District(SWDD)and CDM Smith Inc. (CDM Smith),dated April 10,2018 under Amendment 2 to Work Order No. CCNA2017048-WO No. 1 dated July 18, 2017. This project completion report is to serve as additional information to the final invoice. The SWDD(Owner) requested that CDM Smith provide professional engineering services during construction for the Class I Landfill Segment 3 Cell 2 expansion,Segment 2 Partial Closure,and expansion of the landfill gas (LFG)collection system project.The proposed new cell is Cell 2 of Segment 3 (approximately 10.6 acres in size,Segment 3 Cell 2 is located immediately to the east of the existing Segment 3 Cell 1).Segment 2 Partial Closure(approximately 25 acres in size)includes closure of the Segment 1/Infill vertical expansion area and the final elevations of Segment 2. Expansion of the LFG collection system within Segment 2 was constructed concurrently with the Segment 2 Partial Closure,so that the final components were installed prior to the closure cap being constructed. The bids from the contractors were opened on March 1, 2018.The bidders are listed in Table 1.Thalle Construction was$1,261,147 less than the next lowest bidder West Construction Inc.Thalle was selected and placed under contract with IRC for the construction project. 817 WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES CDMA_ Smith Table 1.—Bids Received Thalle Southeast Bidder Construction West Environmental Company Construction,Inc Contracting,Inc. Base Bid $14,576,600 $15,723,097 $16,858,000 Contingency $1,457,660 $1,572,310 $1,685,800 Bid with Contingency $16,034,260 $17,295,407 $18,543,800 Delta from Low Bidder $0 $1,261,147 $2,509,540 Delta as percentage 0.00% 7.87% 15.65% SCOPE OF SERVICES CDM Smith provided engineering services during construction to act as SWDD's representative during the construction of the project.The Scope of Services included the following tasks: TASK 2.0-PROJECT QUALITY MANAGEMENT Activities performed under this task consisted of those generally administrative functions required to maintain the project on schedule,within budget,and that the quality of the work products defined within this scope is consistent with CDM Smith's standards,SWDD's requirements,and the Florida Department of Environmental Protection's(FDEP) permit requirements. Subtask 2.4 Construction Quality Management—CDM Smith's project manager managed the independent review of CDM Smith's deliverables, monthly project status reviews, and project close-out activities.CDM Smith met with SWDD staff for project planning and coordination,as needed. CDM Smith performed quality technical reviews on the construction phase CDM Smith deliverables such as record drawings and the FDEP Certifications of Construction Completion.The Engineer's Certification of Final completion was submitted to FDEP on February 10,2020. FDEP notified SWDD of their acceptance of the construction project on February 13, 2020. TASK 7.0-GENERAL ENGINEERING SERVICES DURING CONSTRUCTION These services included the following subtasks: Subtask 7.1 After issuance of a Notice of Award by SWDD,CDM Smith prepared for and administered a preconstruction meeting with the Contractor on May 9,2020,which was the date of the Contractor's Notice to Proceed. 818 ;� CDM Smith Subtask 7.2 CDM Smith consulted with and advised SWDD and acted as its representative as provided in the General Conditions of the construction contract.CDM Smith consulted with and advise SWDD as to the acceptability of substitute materials and equipment proposed by the Contractor when substitution is permitted by the Contract Documents. Subtask 7.3 CDM Smith maintained an on-site presence to observe the progress and quality of the executed work of the Contractor.The work was determined to be in general accordance with the Contract Documents. CDM Smith kept SWDD informed of the progress of the work. Subtask 7.4 CDM Smith reviewed and approved shop drawings and samples,the results of laboratory tests and other data,which the contractor is required to submit by the contract documents.There were 60 shop drawing reviews budgeted in WO No. 1. During the project,the actual number of shop drawings reviewed by CDM Smith was 98. CDM Smith inspected deliveries of the materials to confirm compliance with the shop drawings and the project specifications. Subtask 7.5 CDM Smith issued instructions to the Contractor and issued necessary interpretations and clarifications of the Contract Documents. CDM Smith responded to requests for information. There were 10 responses budgeted in WO No. 1. During the project,the actual number of responses provided by CDM Smith to the Contractor was 58.CDM Smith acted as SWDD's representative for special inspection or testing of the work and acted as initial interpreter of the requirements of the Contract Documents regarding the execution and progress of the work. Subtask 7.6 Based on CDM Smith's on-site observations and on review of applications for payment and the accompanying data and schedules,CDM Smith reviewed and determined the amounts owing to the Contractor and recommend in writing, payments to the Contractor in such for a total of 21 pay applications. Subtask 7.7 For each portion of the work(Milestone 1 and Milestone 2),CDM Smith performed an initial walkthrough to develop a preliminary checklist of items to be performed by the Contractor, based upon observations made jointly between the Contractor,SWDD, and CDM Smith. For each portion of the work(Milestone 1 and Milestone 2),CDM Smith performed multiple walkthroughs identifying items that remained to be performed from the initial checklist and to supplement that list as necessary and for the purpose of developing a final punch list.CDM Smith performed the final walkthrough for the lift station on July 31, 2020 in order to close the Utility permit with IRCDUS. Milestone 1 was achieved on August 28, 2019,with SWDD took possession of the new access road which allowed for vehicular traffic to access the top of the landfill. Milestone 2 was 819 ;a CDM Smith achieved on January 8,2020 when the Contractor provided the final test results that could be submitted for the certification of construction completion. Final Completion was achieved on February 20, 2020 when operations in the new cell were allowed after FDEP certification. However, Final Payment was not processed until the Contractor provided the necessary documents to close the Utility permit. Subtask 7.8 CDM Smith assisted the SWDD with project related correspondence to SWDD, Contractor, regulatory agencies,and other parties.We prepared monthly progress meeting minutes;and maintained comprehensive project records and documentation on file.CDM Smith maintained document log and documentation on site during the project. Subtask 7.9 CDM Smith completed and filed daily reports to document the progress of the work. Subtask 7.10 CDM Smith monitored and checked performance tests and reviewed field test reports for conformance with project contract documents. Ninety-two informational submittals were provided by the Contractor and reviewed by the CDM Smith over the duration of the project. Subtask 7.11 CDM Smith arranged for monthly progress meetings to be attended by the Contractor, SWDD, and CDM Smith's representatives.The purpose of these meetings was to review the Contractor's work performed,discuss Contractor's schedule and any construction/field problems. Nineteen monthly meetings were held during the course of the project. TASK 8.0-SPECIAL ENGINEERING SERVICES DURING CONSTRUCTION (No Change.) Activities performed under this task consisted of supplementary and special engineering services required during the construction and implementation of the project: Subtask 8.1 Prepared for SWDD a set of reproducible record drawings,digital copy in AUTOCAD and two Record Drawing prints showing those significant changes made during the construction process based on information furnished to CDM Smith by the Contractor. Subtask 8.2 Provided services in connection with preparing work change directives,change orders to reflect changes to the construction project. Eight total change orders were processed and recommended to the Owner,three were originally planned. Subtask 8.3 CDM Smith prepared final certifications of completion of construction to the regulatory agencies. Final certification document closed the FDEP permits for the cell expansion as 820 Co Smith well as the partial closure cap. CDM Smith provided all documentation required which included detailed drawings of all the liner panel locations, destructive liner test locations and document test weld results, material conformance testing, record drawings,etc. Final certification of completion was performed for the Water Main Extension permit with FDEP on November 22, 2019. FDEP issued the certificate of construction completion for the cell and closure on February 13,2020 TASK 9.0-RESIDENT SERVICES DURING CONSTRUCTION The activities performed under this task consisted of providing a resident project representative (RPR), which was subcontracted to Schulke, Bittle and Stoddard, LLC during the construction and implementation of the project: Subtask 9.1 Activities performed under this task consist of furnishing a full-time RPR during the project construction (278 working day period from Notice to Proceed to Final Completion)to observe the performance of the work of the contractor. Subtask 9.2 CDM Smith provided a RPR which acted as an agent of CDM Smith.The RPR's dealings in matters regarding the on-site work was in general only with CDM Smith and the Contractor. Subtask 9.3 The RPR prepared daily reports,describing the general working conditions,areas of construction activity,tests performed and special and document unusual events. CDM Smith provided support to the RPR for observation of the work performed by the contractor,direct and supervise the RPR, prepared supporting documentation in dealings with the contractor,and manage the documentation, daily reports,and test reports. TASK 10.0-LINER SYSTEM CONSTRUCTION QA/QC Activities performed under this phase consist of furnishing a full-time quality assurance/quality control (QA/QC)field representative during landfill cell liner/leachate system construction.The cell lining/leachate system required CDM Smith to provide experienced field personnel to perform the documentation and verification necessary to close the FDEP certification of construction completion. PROJECT SCHEDULE The project notice to proceed was issued on May 9, 2018.The schedule for Milestone No. 1 was 180 days but was extended for 304 days.The second milestone was for 360 days and final completion was for 390 days, both of which were extended by 262 days each. Milestone 1 was extended due to 821 CDIVI Smith extensive rains that affected the work being performed on the sideslope of the landfill.The duration was also extended to incorporate change order work requested by SWDD.A total of 27 items were modified through change orders.Additional work was added through change orders including paving of the onsite access road,drainage improvements to Segment 2 and Segment 1,and the mitigation of a seepage leak on the north side of Segment 2. PROJECT BUDGET The final Contractor's Change Order No. 8 was for$13,373,904.77 which is$1,228.09 under budget of $13,375,132,86.The original contract amount was$16,034,260 minus the$2,659,127.14 deduction for the Owner direct purchased items. CDM Smith's compensation for Amendment No. 2 to Work Order No. 1 for Tasks 2,7,and 8, is$744,675. The not-to-exceed amount of this Amendment No. 2,for Tasks 9 and 10,is$577,475.Amendment 3 to Work Order No. 1 provided$23,300 for the additional change orders performed in the project.The new not-to-exceed Grand Total Amount of Work Order No. 1 is$2,035,949. CDM Smith appreciates the opportunity to provide these services to the IRC SWDD. If you have any questions or require additional information on the above project, please contact me. Sincerely, Martin J. Lewis, P.E., BCEE, PMP Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PL1 6706-228608.05.04 cc: Ron T.Jones,SWDD Kevin Vann,CDM Smith Amy Hightower, CDM Smith 822 ;� 1567 Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 7,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Himanshu H.Mehta,PE,Managing Director,Solid Waste Disposal District Subject: Change Order No.8,Release of Retainage and Final Pay to Thalle(Bid#2018025) Descriptions and Conditions: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 in the amount of$16,034,260.00 to Thalle Construction Company(Thalle), Inc. of Hillsborough, North Carolina,for the construction of the Landfill Segment 3 Cell 2 Expansion,Segment 2 Partial Closure and Landfill Gas System Expansion project.This funding included a base bid budget of$14,576,600 plus a 10%contingency budget of$1,457,660.A Notice to Proceed (NTP)was issued on May 9,2018.Substantial completion of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 Cell 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3,2019)from the NTP. On September 17,2018,Thalle submitted a request to our engineer,CDM Smith,for a 105-days-in-contract- time extension for Milestone 1,identifying wet conditions as a basis for this request.On November 20,2018, the SWDD Board approved Change Order No. 1 to Thalle extending Milestone 1 to February 18,2019. On February 12,2019,the SWDD Board approved Change Order No.2 to Thalle for a deductive change order in the amount of$2,659,127.14 as a result of direct purchase items,resulting in a revised contract amount of $13,375,132.86. On March 26, 2019, the SWDD Board approved Change Order No. 3 to Thalle to use $12,236.97 from the approved contingency budget into the active project budget as well as adding 27 days in contract time. On June 18,2019,the SWDD Board approved Change Order No.4 to Thalle for approval of$855,955.37 from the approved contingency budget into the active project budget as well as an additional 62 days in contract time. On August 13, 2019, the SWDD Board approved Change Order No. 5 to Thalle to use $530,761.05 from approved contingency budget into the active project budget as well as adding 68 days in contract time.The corresponding Substantial Completion Date for Milestone 1 was changed to July 25, 2019, the Substantial Completion Date for Milestone 2 was changed to October 8, 2019, and the Final Completion Date was 823 changed to November 7,2019.Based on the previous change orders to date,the original contingency budget of$1,457,660 had been reduced to$58,707. On November 5,2019,the SWDD Board approved Change Order No.6 approving the extension in contract time for Milestone 1,Milestone 2,and Final Completion by 42 days to Thalle.The corresponding Substantial Completion Date for Milestone 1 was changed to September 5, 2019,the Substantial Completion Date for Milestone 2 was changed to November 19, 2019, and the Final Completion Date was changed to December 19,2019. On January 21, 2020, the SWDD Board approved Change Order No. 7 approving the extension in contract time for Milestone 2 by 43 days to January 1,2020,and the Final Completion Date by 43 days to January 31, 2020. In addition, the approval included a request for material overruns and reconciliation of material underruns on the project bill of quantities,which was a change for reconciliation of contingency funding and did not affect the overall contract funding. Our project engineer,CDM Smith, has reviewed and recommends for approval Change Order No.8, release of the remaining retainage and a recommendation for final payment to Thalle for completion of the project. Analysis: CDM Smith reviewed the Change Order No.8 request and recommends approval of the request by Thalle for material overruns on the project bill of quantities,as well as for additional work for the jet cleaning of existing leachate piping that was contributing to the seepage of leachate, and the regrading of an existing swale to restore the flow of stormwater.Specifically,the total material overruns equal$1,660, and a total additional work equals$34,453.15, resulting in a net impact of$36,113.5 to the contingency on the project because of this change order.The corresponding impact on time is 20 days to Milestone 2 and Final Completion. Upon approval of this change order,the total contingency remaining on the project is $1,228.09. Similarly, the Substantial Completion Date for Milestone 2 will be changed to January 21, 2020, and the Final Completion Date will be changed to February 20,2020. The actual Substantial Completion Date was January 8,2020,which was 13 days under the due date,and the Final Completion Date was on February 20,2020. In essence, our residents and Republic Services were able to utilize the new cell and the leachate generated from the new cell was routed properly to the new lift station. The reconciliation of the final punch-list items and the closeout of the Indian River County Department of Utility Services(IRCDUS) permit during the COVID-19 pandemic resulted in the delay in bringing this item to the SWDD Board for approval. CDM Smith has received all of the required contractual documents and recommends to release the final retainage and issue final payment to Thalle for$703,002.72.However,staff is recommending approval to the SWDD Board with the specific caveat that Thalle provide the final release of liens from eight(8)subcontractors prior to the issuance of the final check by the Finance Department. 824 Funding: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. The work associated with Change Order No. 8 is covered under the contingency funding and results in the overall project coming in under budget by $1,228.09,with the total project cost of$13,373,904.77. Bid No. 2018025—Thalle Construction Company, Inc. DESCRIPTION ACCOUNT AMOUNT Construction—Segment 3 Cell 2 Expansion 411-169000-17025 $281,601.15 Construction-Segment 2 Closure 411-239006(Escrow) $421,401.57 Release of Retainage and Total Final Payment= $703,002.72 Recommendation: Solid Waste Disposal District staff recommends that its Board: 1. Approve and authorize the Chairman to execute Change Order No. 8 approving the additional work and reconciliation of the project contract contingency as well as an extension in contract time for Milestone 2, and Final Completion by 20 days to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. 2. Approve the release of retainage and final payment in the amount of$703,002.72 and direct the Finance Department to withold the issuance of the check until the final release of liens are received from the eight(8)contractors that are due payment for release of retainage. Attachment: 1. CDM Smith Letter of Recommendation 2. Change Order No.8 and Change in Contract Summary Log 3. Final Pay Application (on file in the Department of Utility Services) 825 CDM Smith 1701 Highway A 1 A Suite 301 Vero Beach,Florida 32963 tel: 772 2314301 fax: 772 2314332 August 6,2020 Mr.Himanshu Mehta,P.E. Managing Director. g g Solid Waste Disposal District 1325 74th Ave SW Vero Beach,FL 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell 2 Expansion,Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Application for Payment No.21 Dear Mr.Mehta: Transmitted herewith are two copies of the Application for Payment No.21 submitted by Thalle Construction Company for the period ending February 20,2020. Table 1.Payment Summary Original Contract Amount $14,576,600.00 Contingency(10 percent) $1,457,660.00 Original Contract Plus Contingency $16,034,260.00 Amount of All Change Orders -$2,659,127.14 Revised Contract Amount $13,375,132.86 Revised Contingency Amount $1.228.09 Revised Contract Plus Contingency $13,373,904.77 Total Earned to Date $13,373,904.77 Less Retainage (Final Payment Released Retainage.) $0.00 Total Due to Date(Earned-Retainage) $13,373,904.77 Previous Applications $12.670,902.05 Total Due Application No.21 $703,002.72 CDM Smith has reviewed these applications and attachments and recommends payment to the Contractor in accordance with the Contract requirements.The Contract was completed$1,228.09 under budget if the final Change Order is ratified by the Board of County Commissioners. 826 0 WATER+ENVIRONMENT+TRANSPORTATION+ENERGY+FACILITIES CDM Smith Mr.Himanshu Mehta,P.E. August 6,2020 Page 2 The cost between the closure and the new landfill cell is broken down in the following table.This follows the contractor's bid form for individual pay items and an allocation of costs for items common to both projects such as Bid Item No.3,Public Construction Bond and Insurance and Bid Item No.4,Mobilization and Demobilization.These costs are allocated on a percentage basis with the closure cost being 55.6 percent of the total project costs and the new cell being 44.4 percent. These percentages were calculated using the total cost of Closure and the total cost of the cell divided by the total cost of the project Table 2.Costs Allocations Closure Cost in this Invoice $8,199,563.17 Retainage for Closure (Released for Final Payment) $.00. Total Due to Date for Closure: $8,199,563.17 Previous Applications $ 7.778.161.60 Total Due for Closure Costs in Application No.21 $421,401.57 Cell Cost in this Invoice $5,174,341.60 Retainage for Cell (Released for Final Payment) $.00 Total Due to Date for Cell: $5,174,341.60 Previous Applications $4.892.740.45 Total Due for Cell Costs in Application No.21 $281,601.15 We trust the enclosed is sufficient for your review;however,if you need additional information or clarification,please do not hesitate to contact our office. Sincerely, Martin J.Lewis,P.E.,BCEE,PMP Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PL1 6706-228608.05.04 cc: Eric Grotke,CDM Smith Kevin Vann,CDM Smith U A 827 i0 ©2018 CDM Smith 6706-221060 All Rights Reserved Issued for Bid/January 2018 CHANGE ORDER No. 08- Final Indian River County Landfill, §@gm@nt 2 WI 2 Exp@n§i@n, §@gm@nt 213@rti I @I@§dF@, @Rd 6@§ PROJECT ev§ttri Exo@r ion DATE OF ISSUANCE August 6, 2020 EFFECTIVE.DATE August 18, 2020. OWNER Indian River County OWNER'S Contract No. IRC Bid No. 2018025 CDM Smith Project No. 6706- 228608 CONTRACTOR Thalle Construction Co., Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description:20 day extension to the Milestone 2 and Final Completion Time Reason for change order:Reconcilliation of Line items material overruns and savings, additional work. Attachments:(List documents supporting change) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price Original Contract Times $ 16,034,260.00 Substantial Completion: 5/4/2019 Ready for final payment: 6/3/2019 Days or dates Net changes from previous Change Orders Net change from previous Change Orders No.1 to No.7 No. 1 to No.7 $_-$2,659,127.14 days Contract Price prior to this Change Order Contract Time prior to this Change Order $ 13,375,132.86 Substantial Completion: January 1, 2020 Ready for final payment: January 31. 2020 Days or dates Net Increase(decrease)in this Change Order Net Increase in this Change Order $($ 1,228.09) Milestones 2+20 days;MS-1 =9/5/19, MS-2+20= 1/21/2020, Final Completion=02/20/2020 days Contract Price with all approved Change Orders Contract Time with all approved Change Orders $ 13,373,904.77 Substantial Completion: January 21. 2020 Ready for final payment: February 20, 2020 Days or dates RECOMMENDED: APPROVED: ACCEPTED: By: By: By: ENGINEER(Authorized Signature)OWNER(Authorized Signature) CONTRACTOR(Authorized Signature) Date: August 6, 2020 Date: Date: August 6, 2020 EJCDC No.C-800 (2007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General CONTRACTORs of America. 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F r .. a u y r o o •=',.._'6 v o c o ai ' o o m o 44 EgE m1132-221'2-2 ,2 t Y2. a 13f,-20 ;.> En E 3 o n oaa ¢c2 a m 9 O - - 5a0 ., ~ " 3gg - t5 ,52g h .N H ` E= oro3 to =w : i 8 S .'. NH a% it AN-041HE mso ,' ,18 ,28 O Oqmmr e„ m 9c = oy nia a SS81ON0 �e E E , . oN E 888P-'824 uc2N cc oNed ¢ eS7 :4i §.72."` e Y 2 m coY o E O u , 240 30E n o eE z o — N - Y en `eu ory , 566Y - - - FRF; " 3 3 3 c L' 7 ¢ 1,2-09-a - 7.11 —_ —= m i' u z u s _ a n n n O z 0 ._ �ry A "ry LLan can LLa' E 8 V E m<N cQ ry e�oo Is c c u ea E p z°z°z°z°z z z z u V z P v v 6 - cavvaavva y d -a; y o .. ry m 0 N 0 eV 2 E o eri •� u o o o o o o o o y c c m m ..°42, 222v c `u8 - 3 ` r A i 10i LW ii o`fiuuuuuuu VN Ic Indian River County,Florida Solid Waste Disposal District Board Memorandum Date: August 7,2020 To: Jason E. Brown,County Administrator From: Vincent Burke,PE,Director of Utility Services Prepared By: Himanshu H.Mehta,PE, Managing Director,Solid Waste Disposal District Subject: Request by Republic Services to bring City of Palm Bay Recyclables Descriptions and Conditions: On August 5, 2020, Republic Services of Florida, LP (Republic Services) submitted the attached letter requesting to bring the City of Palm Bay Recyclables to the Indian River County (IRC) Recycling Transfer Facility starting October 1, 2020. Specifically, Republic Services is requesting approval by the Solid Waste Disposal District (SWDD) of the following terms,subject to a mutually agreeable final contract agreement: • The price per ton for receiving the recyclable material would be$90.00 per ton.The approximate tonnages of recyclable materials from the City of Palm Bay are 8,000 tons annually,which escalate yearly. • Contaminated loads would be assessed at$40.00 per ton and delivered to IRC's landfill, located at 1325 74th Avenue SW,Vero Beach, FL 32968. • The preferred length of the contract would be five years with a five-year bi-lateral renewal to run concurrently with Republic Services' existing 10-year contract with the City of Palm Bay, contingent on an approved amendment between IRC and St. Lucie County. • Republic Services supports the need to upgrade the IRC Transfer Station to a more permanent facility to avoid the loss of materials due to weather. Republic Services is open to discussing some transition cost assistance with the relocation of the existing single stream transfer station. Understanding that the operations of the new facility will require a contract amendment to cover the additional services. The purpose of this agenda item is to request SWDD Board approval on the request by Republic Services. For background purposes, Republic Services currently operates the IRC Recycling Transfer Facility under the Solid Waste Operations and Maintenance Agreement (Agreement) which expires on December 31, 2024. Republic Services transfers the recyclables to St. Lucie County at a current rate of$13.70 per ton under a purchase order that was issued on April 1, 2020. This remains in effect through September 30, 2020 and is renewed annually through September 30, 2025. The recyclables are processed by St. Lucie 830 County through an Interlocal Agreement between SWDD and St. Lucie County with an initial term that expires on September 30, 2025,with an automatic five(5)year extension,unless properly noticed. Analysis: Staff has reached out to St. Lucie County and has obtained written acknowledgement of their willingness to accept the additional tons from the City of Palm Bay via Indian River County at a processing rate of$45 per ton and a mutual approved amendment to the Interlocal Agremeent between SWDD and St. Lucie County.This has the potential to provide St. Lucie County with$360,000 per year in revenue. The following table illustrates the financial impact to SWDD: Source Tons Rate Revenue (per ton) Republic Services via City of Palm Bay 8,000 $90 $720,000 Processing Share to St. Lucie County 8,000 -$45 -$360,000 Transportation Cost to St. Lucie County 8,000 -$13.70 -$109,600 Net Revenue from Republic Services: $250,400 Current Transportation Cost to St. Lucie County 20,000 $13.70 $274,000 Net Revenue from Republic Services -250,400 Reduction in Costs to SWDD: $23,600 Currently, SWDD expends $274,000 to transport recyclables to St. Lucie County.The additional revenue from Republic Services would reduce our cost to$23,600. Staff supports the request by Republic Services (per bullet one and bullet three above) to bring the recyclables from the City of Palm Bay as it would bring additional revenue to SWDD and help offset the transportation costs to St.Lucie County.Additionally,there is an opportunity in a positive market to obtain an increase in revenue from St. Lucie County from the processing of additional tons. In the event that there is a disruption to the recycling operations at the St. Lucie County facility, the agreement by Republic Services to pay a $40 per ton contamination fee (per bullet two above)would be utilized to dispose of the materials into the IRC Landfill. Finally,staff supports the preliminary framework established in bullet four above for Republic Servicesto support the relocation of our existing recycling transfer facility as it is currently in the way of the new household waste/recycling transfer facility that is under design.The specific details are to still in the design phase; however,there could be some additional services that may be required of Republic Services in the new facility and that is why Republic Services referenced a possible future contract amendment to cover these new services. 831 Funding: This is primarily an additional revenue source to SWDD and will overall help reduce our costs;however,from an operating budget perspective,the acceptance of additional tons from the City of Palm Bay will result in an increase in the transportation costs to St. Lucie County. Funding for the SWDD Recycling services is budgeted at $300,000 and available in the SWDD recycling account,which is funded from SWDD assessments and user fees. Description Account Number Amount Other Contractual Services 41125534-033490 $383,600 The approval of a final agreement with Republic Services will request authorization to increase funding in this account. Recommendation: Solid Waste Disposal District(SWDD)staff recommends the following for Board review and approval: 1. Acknowlege the request by Republic Services to bring recyclabies from the City of Palm Bay to the Indian River County Recycling Transfer Facility starting on October 1,2020; 2. Authorize staff to negotiate a formal agreement with Republic Services for SWDD Board approval at a future public meeting;and 3. Authorize staff to negotiate an amendment to the Interlocal Agreement with St. Lucie County for the acceptance of the additional recyclabies at their St. Lucie County Recycling Faciilty. Attachment: 1. Request from Republic Services to bring City of Palm Bay Recyclables 832 August 5, 2020 Himanshu H. Mehta Managing Director 1325 74th Avenue SW, Vero Beach,FL 32968 Dear Himanshu, Republic Services of Florida, LP. ("Republic Services") is pleased to submit this formal request to Indian River County ("IRC") for Republic Services to deliver Recyclable Materials collected within the City of Palm Bay to IRC's Transfer Station located at 1325 74th Avenue SW, Vero Beach, FL 32968. Republic Services would request approval of the following terms, subject to a mutually agreeable final contract: • The price per ton for receiving the Recyclable Material would be $90.00 per ton. The approximate tonnages of Recyclable Materials from the City of Palm Bay are 8,000 tons annually. • Contaminated loads would be assessed at $40.00 per ton and delivered to IRC's landfill, located at 1325 74th Avenue SW, Vero Beach, FL 32968. Contamination percentage would be visually assessed upon delivery and an immediate determination would be made to comply with the current agreement in place between IRC and St. Lucie County. • The preferred length of the contract would be 5 years with a 5-year bi-lateral renewal to run concurrently with Republic Services' existing 10-year contract with the City of Palm Bay. Contingent an approved amendment between IRC and St. Lucie County. • Republic Services supports the need to upgrade the IRC Transfer Station to a more permanent facility to avoid the loss of materials due to weather. Republic Services is open to discussing some transition cost assistance with the relocation of the existing single stream transfer station. Also, understanding that the operations of the new facility will require a contract amendment to cover the additional services. Upon approval, the parties will begin work on the drafting, negotiation, and finalization of a formal contract, executed by both parties, which is expected to be completed by October 1, 2020. Each party will bear its own costs and fees incurred in the drafting and negotiation of the contract. Republic Services would also like to explore the option of delivering single-stream Recyclable Materials to the Fellsmere Customer Convenience Center (CCC) site. With small modifications 833 Page2 needed in order to deliver single-stream Recyclables to the Fellsmere CCC site, Republic Services would request a rate be established now for the IRC transfer station. Thereafter, the parties would explore the use of Fellsmere CCC location. We look forward to working with IRC on the above matters. Please do not hesitate to reach out with anyquestions have. you may REPUBLIC SERVICES OF FLORIDA,LP By: Trey Richardson Its: General Manager Date: August 5, 2020 834 1513? 8/18/2020 SOLID WASTE DISPOSAL DISTRICT --"'"AYE,* Office of 1'4 INDIAN RIVER COUNTY 1Z1 -tilt ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney Susan J.Prado,Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold —County Attorney DATE: August 6,2020 SUBJECT: Bill of Sale of Utility Facilities Indian River County Landfill Segment 3 Cell 2 Expansion,Segment 2 Partial Closure, and Landfill Gas System Expansion In connection with the Indian River County Landfill Segment 3 Cell 2 Expansion,Segment 2 Partial Closure, and Landfill Gas System Expansion project, water and sewer improvements under UCP #3457 were completed within the boundary of the property. To support the completion for the project,a Bill of Sale of Utility Facilities from the Solid Waste Disposal District to Indian River County has been prepared which will act as an aid for accounting purposes as well as an aid for tracking the infrastructure and warranty period,and is presented herewith for consideration. FUNDING The cost of recording the Bill of Sale of Utility Facilities is $35.50. Funds are budgeted and available in SWDD/WIP/Segment 3 Landfill Expansion-Account No.411-169000-17025. RECOMMENDATION Staff recommends approval of the Bill of Sale of Utility Facilities and requests the Board authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. /nhm attachment 835 BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA UPC #3457 KNOW ALL MEN BY THESE PRESENTS, that INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, a special dependent district of Indian River County, Florida, operating by and through its.Board of County Commissioners, having an address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTOR, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, has and does hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this 18th day of August, 2020, the following goods and chattels: EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are associated with the Indian River County Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion,which property is further identified as Tax Parcel No. 33-38-25-00001-0090-00001.0. TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby warrants to the GRANTEE that it has free and unencumbered title to the above-described facilities, and that the GRANTOR has full authority to make this conveyance and will warrant and defend the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. Further, should the above described utility facilities associated with the Indian River County Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion fail or otherwise become defective during a one-year period from August 18, 2020 to August 18, 2021, due to defective materials or workmanship, said utility facilities are under warranty by GRANTOR'S contractor, Thalle Construction Co., Inc., by virtue of a Public Construction Bond (Bond No. 8246-25-61 issued by Federal Insurance Company and Bond No. 015202963 issued by Liberty Mutual Insurance Company), said Public Construction Bond being recorded in Book 3111, Page 1023, of the Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT By: Susan Adams, Chairman Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller BCC approved: By: Deputy Clerk 836 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me, by means of physical presence, this day of August, 2020 by Susan Adams, Chairman of the Board of County Commissioners of Indian River County, Florida, sitting as the Solid Waste Disposal District, a dependent special district of Indian River County, Florida. She is personally known to me. NOTARY PUBLIC: signature: printed name: Commission No.: Commission Expiration: (SEAL) 837 IRC Landfill Segment 3 Cell 2 Utility Cost Estimate For Bill of Sale and 1-Year Maintenance Amount UCP#3457 WATER SYSTEM UNIT QUANTITY UNIT PRICE TOTAL 8"PVC C900 LF 1634 $ 50.00, $ 81,700.00 Directional Drill 8"C900 LF 100 $ 75.00 $ 7,500.00 8"x 8"Tapping Sleeve&Gate Valve EA 1 $ 6,000.00 $ 6,000.00 Fire Hydrant w/Gate Valve EA 1 $ 10,000.00 $ 10,000.00 Single Service 2"service&RPZ EA 1 $ 10,000.00 $ 10,000.00 8"90 Degree MJ Bend EA 2 $ 622.50 $ 1,245.00 8"45 Degree MJ Bend. EA 2 $ 605.00 $ 1,210.00 8"22.5 Degree MJ Bend EA 2 $ 575.00 $ 1,150.00 8"x 6"Tee EA 2 $ 625.00 $ 1,250.00 6"x 2"Reducer EA 1 $ 505.00 $ 505.00 Air Release Valve EA 2 $ 2,320.00 $ 4,640.00 Subtotal $ 125,200.00 LEACHATE DETECTION SYSTEM Wet Well&Hatch&Safety Grate EA 1 $ 60,000.00 $ 60,000.00 Turbine Meter/Totalizer&Control Panel EA 1 $ 60,000.00 $ 60,000.00 1 1.5"Schedule 80 PVC Pipe&Fittings EA 1 $ 30,000.00 $ 30,000.00 j 18'x 13'x 10"Thick Concrete Slab SF 234 $ 25.00 $ 5,850.00 5'Diameter LCS Manhole _ EA 2 $: 20,000.00 $ 40,000.00 Directional Drill 10"SDR 15.5 Gravity Pipe LF 100 $ 100.00 $ 10,000.00 Subtotal $ 205,850.00 LEACHATE FORCEMAINS 2"Dual Contained (in 4")HDPE LF 245 $ 45.00 $ 11,025.00 2"Plug Valve EA 2 $ 2,000.00 $ 4,000.00 4"Solid SDR 11 HDPE Forcemain LF 1,700 $ 30.00 $ 51,000.00 Directional drill 4"SDR 11 HDPE Forcemain LF 100 $ 100.00 $ 10,000.00 4"Plug Valves EA 2 $ 1,500.00 $ 3,000.00 4"x 4"Tapping Sleeve&gate Valve EA 1 $ 5,800.00 $ 5,800.00 Subtotal $ 84,825.00 LEACHATE COLLECTION SYSTEM Wet Well&Pump Station Package LS 1 $ 150,000.00 $ 150,000.00 10"Concrete Slab&Driveway SF 1,400 $ 15.00 $ 21,000.00 5'Diameter Pumpout Manhole EA 1 $ 20,000.00 $ 20,000.00 Subtotal $ 191,000.00 ELECTRICAL&CONTROL PANEL Tower&Antenna EA 1 $ 25,000.00 $ 25,000.00 Panelboard PP-1 EA 1 $ 15,000.00 $ 15,000.00 Main Circuit Breaker EA 1 $ 2,000.00 $ 2,000.00 1 of 2 838 IRC Landfill Segment 3 Cell 2 Utility Cost Estimate For Bill of Sale and 1-Year Maintenance Amount UCP#3457 ATS EA 1 $ 1.1,000.00 $ 11,000.00 TPA-COMP-A EA 1 $ 8,000.00 $ 8,000.00 TPA-LCS-A EA 1 $__ 10,000.00 $ . 10,000.00 Panelboard LP-LDS EA 1 $ 40,000.00 $ 40,000.00 Mounting Racks EA 1_ ._ $ 10,000.00 $ 10,000.00 20KW Deisel Generator EA 1 $ 50,000.00 $ 50,000.00 Subtotal $ 171,000.00 Water System $ 125,200.00 Leachate Detection System $ 205,850.00 Leachate Forcemains $ 84,825.00 Leachate Collection System $ 191,000.00 Electrical Instrumentation&Control Panel $ _171,000.00 TOTAL $ 777,875.00 For Bill of Sale 125% 1 Year 11(I�i�tmance Amount $ 194,468.75 \\\‘�`{HIGH ro1/4`i'/ `\\���•v1GENs� �i .11:%41,177V;4.21,* r This item has been digitally signed and sealed by Amy M.Hightower,Pl.,BCEE,PMP on ,a t�v 7 �7 ,; Y turd copies o document nt aretal Signature. = , l: • — Printed copies o(tbis document art not considered signed and sealed and the signature •,..!4 a ti must be verified an any electronic copies. sy; STATE OF pj` gtc s, ,r a . � Date: Amy Wi Fitt-etx �\ No. � 'IOINAI >> It°�� 2 of 2 839