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10/06/2020
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 6, 2020 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman Susan Adams Jason E. Brown, County Administrator Vice Chairman Joseph E. Flescher Dylan Reingold, County Attorney Commissioner Tim Zorc Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Peter D. O'Bryan Commissioner Bob Solari This meeting can be attended virtually via Zoom. Instructions can be found 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.B. INVOCATION Chaplain William Mead, Indian River Estates East 3. PLEDGE OF ALLEGIANCE Dylan, Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Indian River County Community Needs Assessment by Jeffrey R. Pickering, President and CEO, Indian River Community Foundation 5.B. Presentation of Proclamation Recognizing the Month of October, 2020, as National Domestic Violence Awareness Month Attachments: Proclamation October 6, 2020 Page 1 of 7 S.C. Presentation of Proclamation Designating October, 2020, As Manufacturing Month In Indian River County, Florida Attachments: Proclamation S.D. Presentation of Proclamation In Recognition Of Fire Prevention Week 2020, October 4-10 Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Honoring Timothy Eric Martin on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services Fire Rescue Division with Thirty Years of Service Attachments: Proclamation 7.B. Proclamation Honoring Kenneth Henshaw on His Retirement From Indian River County Board of County Commissioners Department of General Services Sandridge Golf Club with Seventeen Years of Service Attachments: Proclamation 7.C. Sebastian City Council Update to Committee Liaisons Attachments: Sebastian Updated Committee Assignments 7.D. Update on Brightline Trains Expenses Attachments: Staff Report Brightline Trains Expenses 7.E. Indian River County Venue Event Calendar Review Attachments: Event Calendar 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 11, 2020 to September 17, 2020 Attachments: Finance Department Staff Report 8.11. Subrecipient Award Contracts Attachments: Finance Department Staff Report SubRecipient Grant Agreement 2020 8.C. Approval of Renewal for a Class "E1" Certificate of Public Convenience and Necessity for Stellar Transport, Inc. Attachments: Staff Report Stellar Renewal Application October 6, 2020 Page 2 of 7 8.D. Approval of Resolution Adopting the 2020 Indian River County Comprehensive Emergency Management Plan Attachments: Staff Report Resolution APPROVED CEMP Compliance Letter 8.E. Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance Attachments: Staff Report 8.F. Recommendation of Final Payment and Approval of Change Order No. 1 for Work Order 3 with GK Environmental for Exotic Control at Egret Marsh Stormwater Park and Nature Preserve Attachments: Staff Report GKE Change Order #1 to WO#3 8.G. 66th Avenue Phase IB - Amendment No. 8 (IRC -1505) Attachments: Staff Report Amendment No. 8 8.H. Amendment No. 1 to Work Order No. 16, Kimley-Horn and Associates, Inc., Bridge Repairs for CR -512 Bridges over the St. Sebastian River (IRC -1727) Attachments: Staff Report Amendment No. 1 to Work Order No. 16 8.I. South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Improvements with Kimley-Horn and Associates- Amendment No.l to Work Order No. 1 Attachments: Staff Report Amendment No. 1 to WO No.1 with KHA 8.J. Request to Approve the First Four Bids for CDBG Housing Rehabilitation Attachments: Staff Report Round 1 Bid Tabulation 8.K. Request by Seacoast Development, Inc., for Release of an Easement Located at 3755 9th Street SW Attachments: Staff Report Survey Resolution October 6, 2020 Page 3 of 7 8.L. CARES Act Funding Agreement Amendment No. 1 Attachments: Staff Report Amendment No.1 to IRC CARES Act Agreement 8.M. Award of Bid# 2020057 - Interior Renovation of the Indian River County Building and Fire Departments Attachments: Staff Report Sample Agreement 8.N. Addendum to E911 PSAP Services Agreement between Indian River County (IRC) and AT&T Attachments: Staff Report Addendum 8.0. Blanket Travel Authorization for Commissioners, County Officers and Staff for Fiscal Year 2020/2021 Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration to Adopt an Ordinance Amending County Code Chapter 308, Indian River County Local Housing Assistance Program, and to Adopt an Updated Resolution Regarding Affordable Housing Advisory Committee Membership (Legislative) Attachments: Staff Report Portion of HB 1339 Proposed Ordinance Proposed Resolution 10.A.2. Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) Attachments: Staff Report BCC 3/3/2020 Staff Report and Meeting Minutes Proposed Ordinance Florida Right to Farm Act (F.S. 823.14) BCC 04-07-2020 Meeting Minutes BCC 7-14-2020 Draft Meeting Minutes B. PUBLIC DISCUSSION ITEMS October 6, 2020 Page 4 of 7 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Proposed Schedule Board of County Commission 2021 Meeting Dates Attachments: Staff Report Proposed BCC Meeting Dates 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of Amendment 1 to Coronavirus Relief Fund (CRF) Agreement with Florida Housing Finance Corporation (FHFC) Attachments: Staff Report Amendment 1 to CRF Agreement B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. Reclaimed Water Agreement between Indian River County and Sea Oaks Property Owners Association Attachments: Staff Report 1989 Sea Oaks Irrigation Agreement Reclaimed Water Agreement 12.11.2. Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other Charges Attachments: Staff Report Attachment A Rates Attachment B Rate Resolution Attachment C Rate Comparison 13. COUNTY ATTORNEY MATTERS 13.A. City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement Attachments: Staff Report Water Wastewater Agreement October 6, 2020 Page 5 of 7 13.B. Indian River County Hospital District and Indian River County Right -of -Way Dedication Agreement Attachments: Staff Report Hospital District 11th Drive Agreement revised Sketch and Legal 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 14.E.1. A Conservation Lands Referendum to Fund the Capital and Land Purchases Necessary to Conserve and Restore the IR Lagoon and County Conservation Lands Attachments: Commissioner's Memo 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT October 6, 2020 Page 6 of 7 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda 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.irceov.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 6:00p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until5:00p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to S: 00 p.m. October 6, 2.020 Page 7 of 7 Indian River County Community Needs Assessment A Presentation to C, ORIn� October 6, 2020 INDIAN RIVE C©MMUNITY FOUNDATION WHAT SPARKS YOUR GENEROSITY? A ILI, A FAMILY TRADITION? AN IMPORTANT CAUSE? A DESIRE TO LEAVE A LEGACY? INDI_A� NN RMIVEE C©MMUNITY FOUNDATION 10/06/2020 5.A. Open a Donor Advised Fund or an Endowment DONATE TO YOUR FUND AND RECEIVE ATAX DEDUCTION 0 YOUR DONORADVISED FUND GMNT TO 507(C)(3) PUBLIC CHARITIES AT YOUR CONVENIENCE 00000 5EN U LNSTRUTNNIS CAUSE$ Cumulative Grantmaking 2008 —2020 $70 Million 8,700 Grants • Animals — 2% • Arts — 6% • ChildrenNouth — 4% • Education — 20% • Environment — 17% • Health —14% • Human Services —14% • Public Benefit — 20% • Religious Related — 3% 10/06/2020 5.A. n 2c�, Developing/Sharing Community Knowledge IRCF Nonprofit Search t'.0 R'. af�Ea / �. Sexsh C•'�wtG::e., COMMUNITY FOUNDATION i r- k'AUT' GNiYG CQi1NCS N2�FESRA"iA1 An'.'.56fd FE50'JSLES £FtYCFGVihGPIOC '- � Nonprofit Search USR UItitYtri[M fMitrwhrd.l'_"tT t�NLanC gAl:olftS SOIKM%rmaraaz<rkru«t1>o+�sriyateraMcnMhmSanaMcreo Yry„ra.cr�anzsKrsrot _ I �SISU [iv u^,frst< `. Xk Gta.`%C M C.Ywi:X rerQ - Find. learn. Give. 67 resiAti found W oa r Wahtiner7arkinsa+ksaaiaum a'. IRC W i kE t,•w•bAk�ra,y uypa I , re,: H.vs i,f r�5»i9 e2��+�Ex. 'sav„.er^wJ".•«f`I Developing/Sharing Community Knowledge Vero Beach Magazine Guide to Better Giving 10/06/2020 S.A. 3 k -9 Bequests You maybe looking for away to make a significant gift to help further our mission. A bequest is a gift made through your wil I or trust. It is one of the most popular and flexible ways that you can support our cause. Learn More n RA Rollover Gifts An IRA rollover allows people age 70112 and older to reduce their taxable income by making a gift directly from their IRA Learn More . Planning Guide COM.�;UNITh Developing/Sharing Community Knowledge Summary • 12 -month project • Independent research consultant • 6 funders, 50 charities, 12 focus groups, 1,400 surveys • Domains: • Children EXECUTIVE SUMMARY • Economic Opportunity and Employment • Health4. a • Housing • Seniors GOHNVNr[T �y�rynyyM '� �`pj 10/06/2020 S.A. 4 -P Developing/Sharing Community Knowledge Key Insights: • Aging, diversifying population • Increasing wealth disparity • Some progress • Persistent problems • Charity helps, philanthropy matters, public dollars essential i 4h �., Aging, Diversifying Population • 336% o4f_population • Hispanics/Latinos, fastest growing minority group. • 18% o _population by 204 COMMTN17 10/06/2020 5.A. Increasing Wealth Disparity • IRC is one of top 10 richest counties in Florida. • IRC has 10th largest income gap between top 1 percent and bottom 99 percent of earners out of 3,061 counties in US. • 50% of County households live in poverty or one paycheck away. • Family of 4 • COL = $63,145 • Average = $43,373 Some Progress • Infant mortality has decreased. • Kindergarten readiness and grade level reading has improved. • More access to mental health and substance abuse recovery services. Assessment EXECUTIVE SUMMARY w Indian River county er W Healthy Start A� • V- , ray frattePateetlth Capt M 10/06/2020 S.A. R! Persistent Problems Too many: • Poor families, unable to secure living -wage employment, affordable, safe housing. • Children not ready for kindergarten, not reading by 3rd grade. • Teens vaping, pregnant, missing school, not graduating. Children and adults lack EXEMCUTWE SUMMARY MMARY affordable health, dental and mental health care. 8' Low-income seniors live alone, socially -isolated, smoking, heavy = drinking, at risk of adverse health r incidents.,�m, Persistent Problems Too many: • Poor families, unable to secure living -wage employment, affordable, safe housing. "Just speaking about living wages, 1 am desperately trying to find a job in the area. Anything I get, the average amount, $12 an hour, $11 an hour, with the child support 1 get for my oldest son, I still don't qualify for the income restricted housing. I'm a single mom, three children, so its technically a family of four. I wouldn't get into the Palms, Indian River apartments, what have you. I'm one step away from living in my van." 10/06/2020 5.A. 7 h 1 _� Persistent Problems Too many: • Children not ready for kindergarten, not reading by 3rd grade. "While scores from Florida Kindergarten Readiness Screener (FLKRS) has improved for IRC in recent years, moving from 50% to 54%, and for 3rd grade English language arts proficiency, moving from 50% to 60%, there is more work to be done before our children fall behind." Persistent Problems Too many: • Teens vaping, pregnant, missing school, not graduating. • 23% of youth currently use cigarettes, vaping, etc. Increasing in IRC, and higher than state average. • 16% of births to teen mothers, which has declined over the years but still higher than state average. • Higher levels of chronic absenteeism, high school drop out rates among Black and Hispanic students, which is higher than state average. J n n+ AVA COYMU,N u....M \ N.p WtlfUnSYM t �y,i✓ 45 �;�g►.{ OOMMUN� TW 10/06/2020 5.A. M, Persistent Problems Too many: • Children and adults lack affordable health, dental and mental health care. • IRC healthcare insurance coverage rates are better than state average but remain lower among Black and Hispanic populations. • Lower PCP and MHP than state average. • IRC dental insurance coverage rates are low, averaging 52% among all residents. • Perceived cost as a barrier. • Overall housing cost burden and low food accessibility in certain census tracts contribute. Persistent Problems Too many: • Low-income seniors live alone, socially -isolated. • 68% of low-income seniors who live alone are women. • Low-income seniors smoking, drinking, at risk of adverse health incidents. • Rates of smoking, heavy drinking among IRC adults 65 and older more than twice state average. 10/06/2020 5.A. 9 � • f5 Charity helps, philanthropy matters, public dollars are essential. 557 501(c) 3 charities in7-7777 77 Indian River County • $220M donated annually • 77% from individuals • 112 revenue > $50K annually • 10% > 12 months savings Household Giving (AGI) • 6% IRC vs. 3% USA Charity helps, philanthropy ma public dollars are essential. • Bring new ideas to the table. G Y A C Gifford Youth Achievement Center • Build promising practices. R E SU R C E 5 • Sustain organizations and programs we love through planned gifts to endowments. 0 Alma Lee Loy LEGACY SOCIETY 10/06/2020 S.A. 10 RN Charity helps, philanthropy matters, public dollars are essential. • Indian River County Hospital District • $13 million in annual financial support to organizations providing health care services to IRC residents in need. School District of Indian River County • Upcoming Renewal =$9-11M • Dedicated Millage for 4 years beginning in 2021. • Approx. $100/year/household. • Teacher recruitment/retention, social/emotional wellness initiatives, technology. • On August 18 ballot. • Children's Services in Indian River County • Current = $21VI, IRC General Fund • Proposed = Increase to $4.51VI • Dedicated Millage for 6 years beginning in 2023. • Approx. $50/year/household. • Deferred to 2022 ballot. For More Information Contact www.ircommunityfoundation.org 772.492.1407 infoCa)-ircommunityfoundation.org 10/06/2020 5.A. COMMUNITY F 0 U N D A T 1 0 N United Way of Indian River County lc)l&120 5A Indian River County 1fiaan River C1�6 V fye`�d �g b�a5 I�cart • � �_ 1 Everyone, meet an aging, diversifying population. With a population of approximately 150,000, Indian River County encompasses 503 square miles and is centrally located on the East coast of Florida in an area known as the Treasure Coast. The County seat is located in Vero Beach. Overall, the population of Indian River County is growing, with adults over the age of 65 representing the fastest growing age group. In addition, the population is becoming more racially and ethni- cally diverse, with Hispanics/Latinos representing the fastest growing minority group. Rich and retired, meet the working poor. Indian River County is one of the top] 0 richest counties in Florida. At the time of the Community Needs Assessment, the County's economy was healthier, and unemployment was lower than in previous years. Even with this progress, fully one-half of the County's households were severely financially stressed, living either in poverty or one paycheck away from it. At least 1 percent of the County's total population in 2019 was homeless, including more than 150 children. Indian River County has the 10th largest income gap be- tween the top 1 percent and bottom 99 percent of earners out of 3,061 counties nation - Indian River County wide. Annually, the top 1 has the 10th largest percent earn an average income gap between of $2.9 million, and the the top 1 percent and bottom 99 percent earn an bottom 99 percent of average of $43,373. Yet, it earners out of 3,061 costs $63,145 for a family of counties nationwide. four to afford to live in our community. In 2019, typical jobs for low-income individuals and families were service-ori- ented and paid lower than other communities in Florida. This includes housekeepers, waiters, landscapers and laborers. It also includes many of the County's 3,000 teachers that earn an average annual salary of $43,094. Unfortunately, the 10 -year job growth projections for our area have tended to be highest in these lower paying categories, a trend that favors single indi- viduals but does not do much to help working families striving to get ahead. Big problems, meet some solutions. The Community Needs Assessment documents hard-earned progress in many areas especially in the last 3 to 5 years. Here are a few worth highlighting. • Infant mortality decreased. • Collaborative efforts such as the community's literacy initia- tive, the Moonshot Moment, better prepared children for grade -level reading. Kindergarten readiness improved but more improvements are needed. • Access to mental health and substance abuse recovery services were increased through a collaborative effort of agencies and health care professionals. A 2, Bigger problems, meet again next year, and the year after that, and the year after that. Nonetheless, perennial systemic challenges persist. Stark gaps between wages paid in the most common professions in the county and the substantially increased cost of living here, especially health care, child care and housing costs, offset gains in many areas. As a result, much remains to be done to improve the quality of living for many residents. • Too many of the County's families cannot secure employ- ment that supplies them a living wage, or the ability to afford safe, quality housing. • Too many of the County's children are not prepared for kin- dergarten and do not finish high school. E -cigarette use, teen pregnancy, untreated mental illness and chronic absenteeism among teens are troubling contributing factors. • Too many of the County's residents lack affordable medical and dental care. • Too many of the County's residents cannot obtain the mental health or substance abuse recovery services they need. • Too many of the County's senior citizens live alone or are isolated from essential social interaction that would enliven their later years with rich emotional experiences. Smoking and heavy drinking among this population are at rates nearly double the State average, complicating many of the health, social and emotional challenges that come with age. More challenges are down the road. Longer range planning must anticipate the special needs and circumstances of the fast- est growing demographic groups. Senior citizens, who already make up 32 percent of the population, are expected to grow to 36 percent if current trends continue. Racial and ethnic change should also shape planning, as the minority population contin- ues to grow. Programs must be fashioned toward the particular needs of these groups. Charity helps, philanthropy matters, but public dollars are essential. As the Community Needs Assessment details, there is . reason for optimism. Indian River County is fortunate to have a community of both small and large donors, generous with their volunteer time and financial support. Included among them are some of the highest income residents in Florida, many of whom are committed to meeting Indian River County �;' the needs of vulnerable is fortunate to have ' individuals and families a community of both through annual charitable small and large do- gifts or improving the com- nors, generous with I' munity through long-term their volunteer time �', philanthropic investments. and financial support. Many of our community's best ideas and promising practices are the result of this generosity. On the other hand, the spread between higher and lower income residents is pronounced, and the County has one of the highest income inequality profiles in the entire country. Poverty levels appear intractable; more middle-class households are finding they are no longer able to provide the fundamental needs that they were accustomed to provide themselves. County residents are fortunate to have dedicated public fund- ing for education, health and other essential services. However, more will be required if all the best ideas and promising prac- tices that can improve our community quality of life are going to have a chance at scaling up. R Seek first to understand. This Community Needs Assessment should function as a snapshot of current and anticipated conditions that need urgent attention and as a guidepost for donors — it is not a catalogue of solutions. The donor community, nonprofit experts, govern- ment agencies and creative citizens will review this document, discuss with each other and Stimulating discussion come up with their own and creative thinking, varied approaches — both launching more ef- refinements of successful fective programs and ongoing programs and encouraging all mem- innovations. Stimulating bers of the community discussion and creative to support them is the thinking, launching more goal of this Communi- effective programs and ty Needs Assessment. encouraging all members of the community to support them is the goal of this Community Needs Assessment. Highlights for some of the more significant conclusions in the five areas examined in the Community Needs Assessment include the following. Children • Gains are being made in children's early learning reading levels and English proficiency but school absentee rates for older children remain high. • Infant mortality is decreasing, although progress is uneven across demographic groups. • Fewer of the youngest children have access to health insur- ance, with the greatest discrepancy in lower income families due to the structure of the programs or the ability to access these resources. Access to mental health services and dental services is especially of concern. • More availability of quality pre-school and quality after school programs is needed for both student achievement and healthy socialization, and for parents' employment security. Economic opportunity and employment • Employment rates are historically high but wage increases for the most common employment categories substantially lag cost of living increases, especially in the housing and health care categories. • The household poverty rate appears to resist all efforts at reduction. An increasing number of families are employed but asset -poor. Short-term debt levels greatly exceed available cash and liquid assets, leaving them with no financial cushion to handle the costs of unexpected events, for example, auto. repairs, medical bills, job loss or short term job transition. Households in these categories together make up more than half the County's households. Wit.. Health • The overall health of County residents is above that of Florida residents in general. • The ratios of pediatricians and primary care providers to residents and mental health care providers to residents is less favorable than state and national averages. The relative un- availability of mental health care providers is especially prob- lematic with regard to specific groups, including children. • Almost half of all residents lack dental insurance.. • Specific demographic groups are more likely to lack health insurance and have more limited access to health care, for example, young adults and others in low -paid, low benefit jobs. • Alcohol use and smoking by adults, and vaping by young people, are high and increasing. These and other unhealthy activities are associated with increases in mortality rates due to lung cancer and liver disease. However, cancer and heart disease continue to be the leading causes of death. • For many diseases, rates are substantially worse for certain racial, ethnic, and economic income groups. For example, black residents have higher death rates from cancer, heart disease, stroke, and bacterial sexually transmitted disease. Hispanics have a higher rate of HIV/AIDS. • Inability to obtain insurance, limited transportation options, poor access to and limited understanding of good nutrition, are among the factors driving discrepancies in health out- comes by demographic and socio-economic groups: Housing • Housing is a major cost component of total household ex- pense, and it is rising faster than wages. • One-third of the County's households, over 20,000, pay more than 30 percent of total income on housing. Another 2 percent are homeless or on waiting lists for government supported housing. • Insecure housing circumstances have a major negative effect on residents' well-being and accomplishment, for example, when forced mobility— being forced to move— causes school reassignments or child homelessness. Seniors • Almost one-third of the County's residents are seniors. Se- niors are also the fastest growing age segment. • About 25 percent of seniors live alone, with women making up three-fourths of those living alone. • Due to the percentage living alone, and the growth rate, spe- cial attention should be paid to elderly living arrangements, such as extended care facilities or innovative ways to live alone within a social group. • Although Seniors are more likely to have health insurance and be healthier than some other demographic groups, they are inclined to an increase of risky behaviors—smoking and alcohol use. k-5 PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER, 2020 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America, four women are murdered by their intimate partners; and WHEREAS, each day in America, an average of twenty people every minute are abused by their intimate partners; and WHEREAS, one -in -three American women and one -in -four men have experienced some form of intimate partner violence; and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence -free; and WHEREAS, in Indian River County, SafeSpace, Incorporated, joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens to fight domestic violence and provide all domestic violence victims a safe place where they can live with respect, resources, restoration, and justice; together, their commitment and compassion help to ensure that our community steps forward to support domestic violence victims in need. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes the month of October, 2020, as National Domestic Violence Awareness Month; advocates for relationships rooted in trust, respect, and equality; and expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 6th day of October, 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 PROCLAMATION DESIGNATING OCTOBER, 2020, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, October 2, 2020, is National Manufacturing Day, the kick-off to Manufacturing Month, recognizing the manufacturing industry as vital to the health of our County, the State of Florida, and our entire nation; and WHEREAS, manufacturing is one of the cornerstones of our local economy, helping to sustain our quality of life as well as foster a solid and diversified tax base in Indian River County; and WHEREAS, as our local, state and national economies begin to recover from the devastating effects of the COVID-19 pandemic, a healthy and sustainable economy is crucial to these efforts; and WHEREAS, manufacturing provides over 2,300 high -wage and high -skill jobs in Indian River County, with 129 manufacturing firms paying an average annual wage of $54,000, higher than our current average wage of $44,900; and WHEREAS, we join the Indian River County Chamber of Commerce; the Treasure Coast Manufacturers Association, local educators and the many volunteers in supporting the Manufacturing Boot Camp program, encouraging students to consider manufacturing as a career pathway; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2020, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY and the Board encourages all residents to take time to acknowledge Indian River County manufacturers, and their employees, for the positive economic impact they have in our county, the State of Florida, and our nation. Adopted this 6th day of October, 2020. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 2 0 4) PROCLAMATION IN RECOGNITION OF FIRE PREVENTION WEEK 2020, OCTOBER 4-10 WHEREAS, The Indian River County Board of County Commissioners is committed to ensuring the safety and .security of all Indian River County residents and visitors; and Indian River County's first responders are dedicated to reducing the occurrence of home fires and home fire injury through prevention and education; and WHEREAS, fire is a serious public safety concern both locally and nationally, and home fires killed more than 2,630 people in the United States in 2017, according to the National Fire Protection Association® with fire departments in the United States responding to 357,000 home fires; and WHEREAS, two of every five home fires start in the kitchen, mostly from unattended cooking; and Indian River County's residents should observe safe cooking practices by staying in the kitchen when cooking, keeping a three-foot. kid -free zone around cooking areas and keeping anything flammable away from cooking surfaces; and WHEREAS, residents who have planned and practiced a home fire escape plan and have working smoke alarms are more prepared and more likely to survive a fire; and Indian River County's residents are responsive to public education measures and can take steps to increase their safety from fire, especially in their homes; and WHEREAS, the 2020 Fire Prevention Week theme TM, "Serve Up Fire Safety in the Kitchen!" effectively serves to remind us to stay alert and use caution when cooking, to reduce the risk of kitchen fires. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board does hereby proclaim October 4-10, 2020, as Fire Prevention Week throughout this county, and we urge all the people of Indian River County to check their kitchens for fire hazards, to use safe cooking practices, and to support the many public safety activities and efforts of the Indian River County Fire and Rescue services. Adopted this 6 t day of October, 2020. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 3 7A PROCLAMATION HONORING TIMOTHY (ERIC) MARTIN ON HIS RETIREMENT FROM THE INDJAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES FIRE RESCUE DIVISION WHEREAS, Eric Martin retires from the Indian River County Department of Emergency Services Fire Rescue Division effective September 30,2020; and WHEREAS, Eric began his career as a Firefighter with Indian River County on October 3, 1990 was promoted to Driver/Engineer in 1992 and by 2004 had achieved the rank of Lieutenant in which capacity he served our community until his retirement; and WHEREAS, Eric's passion for the life of a first. responder was evident as early as 1992 after a daring and heroic rescue at the Sebastian Inlet that resulted with his saving two lives and the honor of being Fire Rescue's 1993 Firefighter of the Year, and, WHEREAS, his drive to learn everything he could to perform his job on land or sea led to his mastering of Fire Science subjects such as Aerial Operations and Maintenance, Structural Collapse/Trench and Excavation Operations, Hazmat and attaining expert ratings as a Dive Rescue Specialist and; WHEREAS, Eric's admirable work ethic and sincere commitment to his brothers and sisters of the fire service have been greatly appreciated by his employer, citizens and co- workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OFINDIANRIVER COUNTY, FLORIDA, that the Board applauds Eric Martin's efforts on behalf of the County, and the Board wishes to express their appreciation for the exemplary service he has given to Indian River County for the last thirty years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 6th day of October, 2020. BOARD OF COUNTY COMMISSIONERS INDJANRIVER COUNTY, FLORIDA Susan Adams, Chairman 4 PROCLAMATION HONORING KENNETH HENSHA W ON HIS RETIREMENT FR OM INDIAN RI VER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES SANDRIDGE GOLF CLUB WHEREAS, Kenneth Henshaw has announced his retirement from the Sandridge Golf Club and Indian River County Board of County Commissioners effective September 3, 2020, and WHEREAS, Kenneth Henshaw began his employment with Indian River County on November 7, 2003 as an Outside Operations Attendant and held the position to the present; and WHEREAS, Kenneth Henshaw has worked diligently and will be sorely missed by customers and fellow employees; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDJAN RIVER COUNTY, FLORIDA, that the Board applauds the tremendous efforts of Kenneth Henshaw on behalf of this County, and the Board wishes to express their appreciation to Kenneth Henshaw for his dedication and exemplary service to Indian River County. BE IT FURTHER PROCLAIMED that the Board wishes Ken the very best in his future endeavors. Adopted this 6' day of October, 2020. BOARD OF COUNTY COMMISSIONERS. INDIANRIVER COUNTY, FLORIDA Susan Adams, .Chairman 7C SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2020 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Council Member Christopher Nunn Location: IRC County Admin Building - Room B1-501 Time: 9:30 am Frequency: Twice per year as scheduled — 3rd Wednesday Secretary: Meighan Alexander - 226-1440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Council Member Fred Jones Alternate: Vice Mayor Jim Hill Location: IRC Admin Building B Vero Beach - Room B1-501 Time: 3rd Monday of Each Month — 3 pm Secretary: Ed Offutt - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: City Manager Paul Carlisle Location: 1836 14th Ave, Vero Beach, FL 32960 Time: last Thursday of each month — 9 am Executive Director: Aimee Hill ECONOMIC DEVELOPMENT COUNCIL (Indian River County) Current Member: Council Memlier Fred Jones _� Alternate: Vice Mayor Jim Hill Location: IRC Administration Building B - Vero Beach — Rm B1-501 Time: 3rd Tuesday of Each Month — 3:30 pm Secretary: Meighan Alexander - 226-1440 Location: Time: Mayor Dodd & Council Member MCFartFa— Viice Mayor Jim Hill IRC Administration Building.B - Vero Beach - Rm B1-501 2nd Wednesday of each month - 10:00 am MPO Citizen Adv. Comm. Bruce Hoffman.0), Deryl Seemayer (2) Amber Cerda (alt) (1). Judy Bewersdorf (alt) (2) 1st Tuesday of month - 2 pm MPO Tech. Adv. Comm. Lisa Frazier - Planning Position: Paul Carlisle - Engineering Position; Scott Baker - Airport Position 4th Friday of month - 10:00 am MPO Bikepath Comm. Secretary/agenda packet: Resident Chris McCarthy Quarterly — 2:00 pm Patti Johnson - 226-1672 T ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Mayor Dodd Recording Secretary: Ed Offutt 226-1992 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B Time: Meets Annually — 2"d Week in July CITIZENS OVERSIGHT COMMITTEE (COC) (Indian River County) Member: Shannon Davis Norvig Recording Secretary: 226-1919 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B — Room B1-501 Time: Meets annually in April PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSWG) & SCHOOL PLANNING TECHNICAL ADVISORY COMMITTEE (SPTAC) Staff Working Group: Current Member: Dorri Bosworth, Planner Location: County Administration Building Time: 1st week of February and 3`d week of March Recording Secretary: Lisa Hill 226-1919 Agenda: Maria Bowdren 226-1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth Location: County Administration Building Time: as needed Recording Secretary: 226-1919 Agenda: Maria Bowdren 226-1242 TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Membe_r_Christopher Nunn Alternate: Mayor Ed Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly — 3`d Wednesday — 2:00 pm Secretary: Kim Moirano - 226-1919 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Mayor Ed Dodd Alternate Member: Vice Mayor Jim Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1' Wednesday of Month - 10:00 a.m. Chair: Port St. Lucie Councilwoman Stephanie Morgan Secretary: Christina Flores 7 TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties — Sponsored by FLC) (was formerly Council of Public .Officials) Current Member: or Ed Dodd Alternate Member: Council Member Bob McPartlan Location: (changes location - local restaurants) Time: Meets every other month — usually 3`d Wednesday Executive Director: Pat Christensen TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: City of Vero Beach Alternate: Mayor Ed Dodd Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month -.9:30 A.M. (call ahead for any changes) Contact: Phone: 772-22.1-4060 Fax: 772-221-4067 E -Mail: admin@tcrpc.org MS -IRC and REG BOARDS 3 fAj INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 28, 2020 FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: UPDATE ON BRIGHTLINE TRAINS EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for Brightline Trains. Please see the attached document for expenses incurred as of 9/28/20. ATTACHED: • Brightline Trains Expenses through 9/28/20 spreadsheet. i Brightline Trains Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 authorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 In addition to prior authorization 10/2/2018 Board approved additional $92,500 11/20/2018 Board approved additional $1 million (Budget Amendment) 3/17/2020 County Attornev's Office received S200.000 from citizens (Budeet Amendment) 10 Acctt#00110214-033110-15023 Legal services ..or Note 9/25/2020 Murphy & Walker -Arnount $2,719.00 Fees for Legal Services August 2020 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 Subtotal Expenses FY 19/20 $275,626.25 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 LLP $7,161.12 Fees for Legal Services August 2019 9/18/2019 Bryan Cave LLP $107,257.70 Fees for Legal Services July 2019 9/11/2019 Murphy & Walker $18,912.00 Fees for Legal Services -Aug 2019 8/13/2019 Murphy & Walker $6,487.00 Fees for Legal Services lune & 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 2019 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 -4/18-0/20/18 7/17/2018 Bryan Cave LLP $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 LLP $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/S/18 5/15/2018 Bryan Cave LLP $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 $634,725.58 - 9/30/2017 McDermot,Will & Emery LLP $10,033.78 Fees for Legal Services -Aug & Sept 9/30/2017 McDermot,Will & Emery LLP $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 10 .. 9/27/2017 _ Bryan Cave LLP $13,195.60 _ Fees for Legal Services-July 2017 8/15/2017 Bryan Cave LLP $5,893.00 Fees for Legal Services-June 2017 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $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 LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services-Nov 2016 1/17/2017 Bryan Cave LLP $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 LLP $3,457.13 Fees for Legal Services-July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services-June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services-June 2016 7/27/2016 Shubin & Bass PAS - $17,550.50 Fees for Legal Services -lune 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 Servlces-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 LLP $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 LLP $1,245.06 Fees for Legal Services-Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 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 -lune 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -lune 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services-April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services-April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA -$250.00 Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $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 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 11 *Split between Acct#00110214-033190-15023 Other Professional Services Other Professional Services Date 5/19/2020 Vendor Atlantic Coastal Land Title Amount $85.00 Note Title Search 11/4/2019 Advanced Data Solutions $1,115.00 Document Scanning $97.32 Subtotal Expenses FY 19/20 $1,200.00 $111.32 11/27/2018 Scripps $92.40 Legal Advertising 11/21/2018 Gail E. Flinn $350.00 Transcription Services $174.90 Subtotal Expenses FY 18/19 $442.40 $373.60 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 9/11/2018 Subtotal Expenses FY 17/18 $198.64 9/11/2018 4/28/2017 Martin County 50-A reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consultants $13,396.11 Kate P. Cotner -Capital Hill All Aboard FL Mtg 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Jet Blue -Dylan Reingold Subtotal Expenses FY 16/17 $18,779.15 The Llason Capitol Hill Hotel -Dylan Reingold 9/30/2016 GK Environmental $5,580.00 $2,420.00 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 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 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 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 Tim 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 Tim 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 Llason 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 12 Dit—eVin—dor Vendor Amount Note 9/30/2017 Jet Blue $25.00 Work Order 10 EIS 9/30/2017 Bob Solari -travel to Washington DC $869.98 with OMB,Senator & Congressman & FDOT 1/02/15 Acct#00110214-034020-15023 $2,122.50 All Travel 9/30/2017 Kate Cotner -travel to Washington DC $768.02 Work Order 10 EIS 9/30/2017 Dylan Reingold-travel to Washington DC $753.49 Work Order 13 Noise Monitoring 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa 9/30/14 Subtotal Expenses FY 16/17 $3,029.76 Work Order 13 Noise Monitoring 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 Subtotal Expenses FY 14/15 $341.26 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 Total Board Subtotal Expenses FY 14/15 $44,740.70 $45,825.80 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 Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 19/20 $276,826.25 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 9/28/2020 $3,758,814.12 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 $420,606.63 13 LAVER co 7F, �LORNQ' Indian River County Venue Event Calendar Review For more information go to www.ircgoy.com - Event Calendar. "Virtually"Twisted Wednesdays! www.ircrec.com/programs Oct 7 @ ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom. for a Socially -Distanced Game of Twister! FREE! Home Show by Patriot Productions www•patriotproductions.com Oct 10-11 @ IRC Fairgrounds: • 10am-5pm, SAT & SUN: FREE Admission & Parking. FREE Covid-19 Testing, by; TCCH (Treasure Coast Community Health) Oct 5-28 @ IRC Fairgrounds: • 8:30 -loam, Mon. & Wed. ONLY — Limited tests available. No appt. needed. "Virtually"Jumpin Jenga Thursdays! www.ircrec.com/programs Oct 15 @ ONLINE - with Parks and Recreation: 6:30pm- Join us on Zoom for a Socially -Distanced Game of Jenga! FREE! Community Office Hours Event Oct 15 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams. Coastal Cleanup Volunteer Event! Oct 17 @ Wabasso Beach / Wabasso Causeway: www•coastal-connections.org • 9-11 am- Must Register in Advance. Tending to Wabasso Bch & Wabasso Cswy Park FREE Drive-in Movie &Trunk erTreat Event! - Featuring SONIC The Hedgehog! Oct 24 @ iG Center & Wiggins Field: www.ircrec.com/programs • 6pm- Trunk er Treat • 7:15pm Movie. Must register for Trunk Booth and Movie. Adult Softball Begins www.ircrec.com/programs Oct 26 @ Fran B. Adams N. County Park / Dick Bird S. County Park • Men's League & Co-ed, Manager's Meeting: Oct 7th IRCYLA - Battle on the Beach Prospect Show www.IRCYLH.com Oct 31 -Nov 1 @ IRC Fairgrounds Ag. Pavilion: • All Day Event both days: Steer, Heifer & Bull Prospect Show. *Entry Feesppply. Eric Flowers for Sheriff Event Nov 3 @ IRC Fairgrounds: • 6-1lpm- Details to come! "Virtually"Twisted Wednesdays! www.ircrec.com/programs Nov 4 @ ONLINE - with Parks and Recreation: 6:30pm- Join us on Zoom for a Socially-Distanced Game of Twister! FREE! Vero Beach Gun Show by Patriot Productions www.patriotproductions.com Nov 6-8 @ IRC Fairgrounds: • 9am-5pm Sat - 10am-4pm Sun. IRCYLA - Prospect Show www.IRCYLH.com Nov 8 @ IRC Fairgrounds Ag Pavilion: • All Day Event. "Virtually"Jumpin JengaThursdays! www.ircrec.com/programs Nov 12 @ ONLINE - with Parks and Recreation: • 6:30pm- Join us on Zoom for a Socially-Distanced Game of Jenga! FREE! Community Office Hours Event Nov 19 @ North IRC Library: • l Dam- One on one with Commissioner Susan Adams. Home Show by Patriot Productions www.patriotproductions.com Nov 21-22 @ IRC Fairgrounds: • l Dam-5pm, SAT & SUN: FREE Admission & Parking. 15 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 180127' Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 17, 2020 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 11, 2020 to September 17, 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 September 11, 2020 to September 17, 2020. 16 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 399311 09/17/2020 COMMUNICATIONS INTERNATIONAL 42,094.35 399312 09/17/2020 COMMUNICATIONS INTERNATIONAL 70,151.79 399313 09/17/2020 COMMUNICATIONS INTERNATIONAL 895,352.52 399314 09/17/2020 TEN -8 FIRE EQUIPMENT INC 4,581.29 399315 09/17/2020 RANGER CONSTRUCTION IND INC 1,263.80 399316 09/17/2020 VERO CHEMICAL DISTRIBUTORS INC 331.83 399317 09/17/2020 RICOH USA INC 9.07 399318 09/17/2020 TESCO SOUTH INCORPORATED 268.45 399319 09/17/2020 DATA FLOW SYSTEMS INC 5,182.00 399320 09/17/2020 GRAINGER 283.90 399321 09/17/2020 REPUBLIC SERVICES INC 18,660.50 399322 09/17/2020 HACH CO 337.11 399323 09/17/2020 AVERY DENNISON CORPORATION 959.00 399324 09/17/2020 BOUND TREE MEDICAL LLC 3,266.21 399325 09/17/2020 EXPRESS REEL GRINDING INC 2,450.00 399326 09/17/2020 TIRESOLES OF BROWARD INC 623.50 399327 09/17/2020 CARTER ASSOCIATES INC 6,825.00 399328 09/17/2020 DELL MARKETING LP 408.00 399329 09/17/2020 BAKER & TAYLOR INC 2,554.81 399330 09/17/2020 MIDWEST TAPE LLC 3,907.60 399331 09/17/2020 PING INC 315.54 399332 09/17/2020 CLERK OF CIRCUIT COURT 34.96 399333 09/17/2020 CLERK OF CIRCUIT COURT 1,915.70 399334 09/17/2020 CITY OF VERO BEACH 1,951.83 399335 09/17/2020 CITY OF VERO BEACH 100.00 399336 09/17/2020 JANITORIAL DEPOT OF AMERICA INC 497.45 399337 09/17/2020 OMR CORP 1,350.00 399338 09/17/2020 PUBLIX SUPERMARKETS 32.82 399339 09/17/2020 TYLER TECHNOLOGIES INC 17,224.00 399340 09/17/2020 TIMOTHY ROSE CONTRACTING INC 20,587.87 399341 09/17/2020 CALLAWAY GOLF SALES COMPANY 489.93 399342 09/17/2020 FLORIDA POWER AND LIGHT 39,167.92 399343 09/17/2020 FLORIDA POWER AND LIGHT 2,308.38 399344 09/17/2020 PUBLIC DEFENDER 8,481.07 399345 09/17/2020 VNA HEALTH SERVICES 2,495.31 399346 09/17/2020 GIFFORD YOUTH ACHIEVEMENT CENTER INC 8,600.72 399347 09/17/2020 STATE ATTORNEY 18,821.35 399348 09/17/2020 PRISON REHABILITATIVE IND & DIV ENT INC 1,302.50 399349 09/17/2020 KENNETH CAMPBELL SENIOR 125.00 399350 09/17/2020 WASTE MANAGEMENT INC 2,000.00 399351 09/17/2020 STRUNK FUNERAL HOMES & CREMATORY 425.00 399352 09/17/2020 PROFESSIONAL GROUTING INC 100.00 399353 09/17/2020 TREASURE COAST SPORTS COMMISSION INC 6,062.03 399354 09/17/2020 ARNOLD AIR CONDITONING INC 230.50 399355 09/17/2020 G K ENVIRONMENTAL INC 1,800.00 399356 09/17/2020 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 168.48 399357 09/17/2020 CHILDRENS HOME SOCIETY OF FL 1,000.00 399358 09/17/2020 KEEP INDIAN RIVER BEAUTIFUL INC 9,473.65 399359 09/17/2020 DONADIO AND ASSOCIATES ARCHITECTS PA 2,290.94 399360 09/17/2020 CAPE PUBLICATIONS INC 662.06 399361 09/17/2020 GLOBAL EQUIPMENT CO INC 1,003.99 399362 09/17/2020 THE AVANTI COMPANY INC 5,364.00 399363 09/17/2020 CELICO PARTNERSHIP 2,856.36 399364 09/17/2020 CINTAS CORPORATION NO 2 195.94 399365 09/17/2020 FLORIDA DEPT OF JUVENILE JUSTICE 30,532.00 399366 09/17/2020 SOUTHERN JANITOR SUPPLY INC 4,916.96 399367 09/17/2020 JACKS COMPLETE TREE SERVICE INC 950.00 399368 09/17/2020 MBV ENGINEERING INC 12,015.00 17 TRANS NBR DATE VENDOR AMOUNT 399369 09/17/2020 MASTELLER & MOLER INC 2,920.00 399370 09/17/2020 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 5,753.94 399371 09/17/2020 SUNBELT RENTALS INC 29,560.00 399372 09/17/2020 JOHNNY B SMITH 125.00 399373 09/17/2020 SUMMERLINS MARINE CONST LLC 3,000.00 399374 09/17/2020 FISHER & PHILLIPS LLP 1,403.00 399375 09/17/2020 SOUTHEAST SECURE SHREDDING 251.72 399376 09/17/2020 KWACKS INC 1,305.00 399377 09/17/2020 MAUI RIPPERS INC 81.84 399378 09/17/2020 NICOLACE MARKETING INC 7,617.00 399379 09/17/2020 EQ THE ENVIRONMENTAL QUALITY COMPANY 11,966.36 399380 09/17/2020 JOSEPH G POLLARD CO INC 239.75 399381 09/17/2020 TREASURE COAST ENGINEERING 2,500.00 399382 09/17/2020 RODRIGO PENALOZA 2,600.00 399383 09/17/2020 FLORIDA ARMATURE WORKS INC 24,631.81 399384 09/17/2020 KEITH GROCHOLL 100.00 399385 09/17/2020 MOORE MOTORS INC 449.45 399386 09/17/2020 REPROGRAPHIC SOLUTIONS INC 27.90 399387 09/17/2020 MUNICIPAL EMERGENCY SERVICES INC 11,205.95 399388 09/17/2020 ALEX MIKLO 125.00 399389 09/17/2020 SOUTHWIDE INDUSTRIES INC 64,379.03 399390 09/17/2020 STRAIGHT OAK LLC 688.85 399391 09/17/2020 CALDWELL PACETTI EDWARDS 1,665.00 399392 09/17/2020 SOUTHERN MANAGEMENT LLC 7,179.65 399393' 09/17/2020 SAMBA HOLDINGS INC 1,402.00 399394 09/17/2020 MARKETING SPECIALTIES OF GEORGIA LLC 9,135.00 399395 09/17/2020 FUTURE HORIZONS INC 1,743.00 399396 09/17/2020 K -LOG INC 561.50 399397 09/17/2020 PIERCE GOODWIN ALEXANDER & LINVILLE INC 2,361.75 399398 09/17/2020 MASCHMEYER CONCRETE COMPANY OF FLORIDA 951.00 399399 09/17/2020 SYLIVIA MILLER 396.00 399400 09/17/2020 HAWKINS INC 1,290.50 399401 09/17/2020 THE TRANSIT GROUP INC 3,075.10 399402 09/17/2020 RICHARD SZPYRKA 59.00 399403 09/17/2020 ANDERSEN ANDRE CONSULTING ENGINEERS INC 6,035.00 399404 09/17/2020 CATHEDRAL CORPORATION 21,726.39 399405 09/17/2020 A GREAT FENCE LLC 2,900.00 399406 09/17/2020 UNIFIRST CORPORATION 659.41 399407 09/17/2020 TAMI GAY 150.00 399408 09/17/2020 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 998.58 399409 09/17/2020 GOTTA GO GREEN ENTERPISES INC 213.36 399410 09/17/2020 ADVANCE STORES COMPANY INCORPORATED 288.61 399411 09/17/2020 CROSSOVER MISSION 500.00 399412 09/17/2020 FLORIDA EAST COAST HOLDINGS CORP 88,038.84 399413 09/17/2020 FREEDOM ROOFERS LLC 600.00 399414 09/17/2020 EDWARD ILLIDGE 50.00 399415 09/17/2020 ALL WEBBS ENTERPRISES INC 335,956.43 399416 09/17/2020 CDW LLC 657.78 399417 09/17/2020 COVERALL NORTH AMERICA INC 215.00 399418 09/17/2020 MATHESON TRI -GAS INC 10,449.49 399419 09/17/2020 ROBERT O RICHARDSON 111 50.00 399420 09/17/2020 COLE AUTO SUPPLY INC 160.29 399421 09/17/2020 PRP CONSTRUCTION GROUP LLC 96,053.85 399422 09/17/2020 KONICA MINOLTA BUSINESS SOLUTIONS 322.71 399423 09/17/2020 ADVANCED ROOFING INC 34,060.50 399424 09/17/2020 PADDLES BY THE SEA LLC 5,000.00 399425 09/17/2020 RELX INC 410.00 399426 09/17/2020 ENVIRONMENTAL OPERATING SOLUTION INC 7,971.25 399427 09/17/2020 CORE & MAIN LP 64,748.57 399428 09/17/2020 JOE PAYNE INC 31,537.35 In TRANS NBR DATE VENDOR AMOUNT 399429 09/17/2020 LEXINGTON PLACE POA 150.00 399430 09/17/2020 AMAZON CAPITAL SERVICES INC 1,648.48- 399431 09/17/2020 PIRATE PEST CONTROL LLC 9.00 399432 09/17/2020 CALITEN LLC 36.61 399433 09/17/2020 AMERIGAS PROPANE LP 613.21 399434 09/17/2020 HOPPING GREEN & SAMS PA 4,959.52 399435 09/17/2020 METROPOLITAN COMMUNICATION SERVICES INC 446.75 399436 09/17/2020 INDIAN RIVER CLUB COMMUNITY ASSOCIATION INC 498.79 399437 09/17/2020 JORDAN POWER EQUIPMENT CORP 986.55 399438 09/17/2020 DEANGELO BROTHERS LLC 402.00 399439 09/17/2020 CIVICPLUS LLC 24,734.96 399440 09/17/2020 ECONOLITE SYSTEMS INC 14,580.00 399441 09/17/2020 FERGUSON US HOLDINGS INC 14,845.85 399442 09/17/2020 BLUE GOOSE CONSTRUCTION LLC 3,058.05 399443 09/17/2020 ORCHARD GROVE VENTURE LLC 235.00 399444 09/17/2020 STAPLES INC 656.67 399445 09/17/2020 LOWES COMPANIES INC 3,879.67 399446 09/17/2020 PEOPLEREADY INC 9,825.74 399447 09/17/2020 NAUTICAL OUTFITTERS CORP 18,258.00 399448 09/17/2020 CHRIS ZAVESKY 50.00 399449 09/17/2020 PLAYCORE WISCONSIN INC 83,974.16 399450 09/17/2020 LUMENEST LIGHTING INC OF FLORIDA 16,470.00 399451 09/17/2020 THEODORE SEMI 100.00 399452 09/17/2020 US21INC 13,170.00 399453 09/17/2020 CARLON INC 138.00 399454 09/17/2020 BRITTON INDUSTRIES INC 490.66 399455 09/17/2020 SAFE SPACE SCAN TECHNOLOGY 44,550.90 399456 09/17/2020 WILDAR INC 6,304.50 399457 09/17/2020 TIKVAT MASHIACH 680.00 399458 09/17/2020 RESTORATION WORLD OUTREACH 480.00 399459 09/17/2020 UP ON TOP VOLLEYBALL ACADEMY INC 500.00 399460 09/17/2020 DEAN STATLER 125.00 399461 09/17/2020 SERENOA HOA INC 508.91 399462 09/17/2020 RANDSTAD NORTH AMERICA INC 596.61 399463 09/17/2020 SOMMERS DEVELOPMENT GROUP LLC 16,433.33 399464 09/17/2020 VERO BOWL LLC 5,000.00 399465 09/17/2020 JESSE ALEXANDER 5,000.00 399466 09/17/2020 FROSTING LLC 5,000.00 399467 09/17/2020 OPEN HOUSE COMMUNICATIONS 5,000.00 399468 09/17/2020 UTIL REFUNDS 18.88 399469 09/17/2020 UTIL REFUNDS 57.89 399470 09/17/2020 UTIL REFUNDS 59.39 399471 09/17/2020 UTIL REFUNDS 55.04 399472 09/17/2020 UTIL REFUNDS 39.78 399473 09/17/2020 UTIL REFUNDS 34.58 399474 09/17/2020 UTIL REFUNDS 77.84 399475 09/17/2020 UTIL REFUNDS 49.89 399476 09/17/2020 UTIL REFUNDS 88.82 399477 09/17/2020 UTIL REFUNDS 71.20 399478 09/17/2020 UTIL REFUNDS 555.97 399479 09/17/2020 UTIL REFUNDS 75.06 399480 09/17/2020 UTIL REFUNDS 37.38 399481 09/17/2020 UTIL REFUNDS 37.05 399482 09/17/2020 UTIL REFUNDS 227.57 399483 09/17/2020 UTIL REFUNDS 71.20 399484 09/17/2020 UTIL REFUNDS 73.68 399485 09/17/2020 UTIL REFUNDS 39.46 399486 09/17/2020 UTIL REFUNDS 115.88 399487 09/17/2020 UTIL REFUNDS 38.85 399488 09/17/2020 UTIL REFUNDS 17.43 19 TRANS NBR DATE VENDOR AMOUNT 399489 09/17/2020 UTIL REFUNDS 64.64 399490 09/17/2020 UTIL REFUNDS 243.10 399491 09/17/2020 UTII, REFUNDS 197.80 399492 09/17/2020 UTIL REFUNDS 67.34 399493 09/17/2020 UTIL REFUNDS 77.87 399494 09/17/2020 UTIL REFUNDS 421.31 399495 09/17/2020 UTIL REFUNDS 74.01 399496 09/17/2020 UTIL REFUNDS 10.33 399497 09/17/2020 UTIL REFUNDS 77.43 399498 09/17/2020 UTIL REFUNDS 54.94 399499 09/17/2020 UTIL REFUNDS 88.82 399500 09/17/2020 UTIL REFUNDS 68.86 399501 09/17/2020 UTIL REFUNDS 42.65 399502 09/17/2020 SUB AQUATICS INC 1,402.95 399503 09/17/2020 FLORIDA SHORE & BEACH PRESERVATION 300.00 Grand Total: 2,487,296.31 20 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 900750 09/17/2020 900751 09/17/2020 900752 09/17/2020 Grand Total: VENDOR ORCHARD GROVE VENTURE LLC STAPLES INC SREIT LEXINGTON CLUB LLC AMOUNT 1,312.00 487.79 1,079.00 2,878.79 21 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1017114 09/11/2020 WASTE MANAGEMENT INC OF FLORIDA 3,446.24 1017115 09/16/2020 AT&T CORP 2,114.60 1017116 09/16/2020 OFFICE DEPOT INC 2,165.68 1017117 09/16/2020 POLYDYNE INC 2,576.00 1017118 09/16/2020 WASTE MANAGEMENT INC OF FLORIDA 9,715.09 1017119 09/17/2020 METAL CULVERTS INC 1,926.00 1017120 09/17/2020 INDIAN RIVER BATTERY 1,251.75 1017121 09/17/2020 INDIAN RIVER OXYGEN INC 3,457.50 1017122 09/17/2020 GALLS LLC 257.15 1017123 09/17/2020 MEEKS PLUMBING INC 659.90 1017124 09/17/2020 ALLIED UNIVERSAL CORP 16,760.80 1017125 09/17/2020 IRRIGATION CONSULTANTS UNLIMITED INC 3.92 1017126 09/17/2020 GROVE WELDERS INC 39.17 1017127 09/17/2020 SOUTHERN COMPUTER WAREHOUSE INC 382.90 1017128 09/17/2020 FIRST HOSPITAL LABORATORIES INC 154.00 1017129 09/17/2020 HD SUPPLY FACILITIES MAINTENANCE LTD 74.71 1017130 09/17/2020 COMO OIL COMPANY OF FLORIDA 113.05 1017131 09/17/2020 STRYKER SALES CORP 92,580.15 1017132 09/17/2020 RECHTIEN INTERNATIONAL TRUCKS 278.30 1017133 09/17/2020 CUMMINS INC 531.50 1017134 09/17/2020 SPINNAKER VERO INC 383.61 1017135 09/17/2020 L&L DISTRIBUTORS 372.64 1017136 09/17/2020 WRIGHT FASTENER COMPANY LLC 658.00 1017137 09/17/2020 HORIZON DISTRIBUTORS INC 991.80 1017138 09/17/2020 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1017139 09/17/2020 GUARDIAN ALARM OF FLORIDA LLC 85.00 1017140 09/17/2020 NEXAIR LLC 1,161.12 1017141 09/17/2020 EFE INC 1,287.99 1017142 09/17/2020 PACE ANALYTICAL SERVICES LLC 10,005.50 1017143 09/17/2020 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 446.17 Grand Total: 153,965.24 OX ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 7936 09/11/2020 FLORIDA DEPARTMENT OF REVENUE 12,975.95 7937 09/11/2020 FLORIDA DEPARTMENT OF REVENUE 2,299.71 7938 09/11/2020 FLORIDA DEPARTMENT OF REVENUE 377.72 7939 09/11/2020 FLORIDA DEPARTMENT OF REVENUE 654.38 7940 09/11/2020 VEROTOWN LLC 312,613.11 7941 09/11/2020 RX BENEFITS INC 2,138.42 7942 09/14/2020 CITY OF SEBASTIAN 15,977.40 7943 09/14/2020 CITY OF SEBASTIAN 19,428.84 7944 09/15/2020 SAVE ON SP LLC 10,124.50 7945 09/16/2020 UNITED WAY OF INDIAN RIVER COUNTY 243,750.00 7946 09/16/2020 IRS -PAYROLL TAXES 14,241.60 7947 09/17/2020 KIMLEY HORN & ASSOC INC 9,223.40 7948 09/17/2020 HUMANE SOCIETY 36,000.00 7949 09/17/2020 CITY OF SEBASTIAN 20,887.82 7950 09/17/2020 TOWN OF INDIAN RIVER SHORES 14,051.89 7951 09/17/2020 SCHOOL DISTRICT OF I R COUNTY 136,823.00 7952 09/17/2020 WRIGHT EXPRESS FSC 19,497.90 7953 09/17/2020 CHARD SNYDER & ASSOCIATES INC 323.60 7954 09/17/2020 WEST HEALTH ADVOCATE SOLUTIONS INC 1,516.35 7955 09/17/2020 NATIONAL METERING SERVICES INC 49,854.33 Grand Total: 922,759.92 23 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: September 23, 2020 SUBJECT: Subrecipient Award Contracts As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Award, (commonly known as the Uniform Grant Guidance), subrecipient agreements must be entered into and approved by the Board of County Commissioners for any new grants or updates to current grants. Based on the classification of grant recipients, the Senior Resource Association (SRA) is classified as a grant subrecipient. During fiscal year 2020, the Board was awarded grants and/or increases to existing grants. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with SRA that encompasses the newly approved grants and any modifications to existing grants. RECOMMENDATION Approve the Indian River County Grant Subrecipient Award agreement with the SRA and execute any related documents. 24 Indian River County Grant Contract Subrecipient Award This Grant Contract (Contract) entered into effective this 6th day of October 2020, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 (County) and Senior Resource Association- SRA (Subrecipient), 694 14th Street, Vero Beach, FL, 32960,167981612, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received the award (Exhibit A) from the Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) on the Award Date (Exhibit A). B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Catalog of Federal Domestic Assistance (CFDA) Number and Catalog of State Domestic Assistance (CFSA) Number for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $7,670,591. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money (Grant) for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (Exhibit B). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A (Grant Period). M 5. Grant Funds and Payment: The approved Grant for the Grant Period is $7.670.591. (Exhibit A). The amount of federal funds obligated under this Contract by the County to the Subrecipient is $6,639,774 (Exhibit A). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with_ all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 26 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Requirements: Subrecipient shall, no later than October 1, 2020, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 27 7.7 Indemnification: The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records: The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and 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. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 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(a-IRCGOV.COM Indian River County of the.County Attorney 180127' Street Vero Beach, FL 32960 8. Termination: This Contract may be terminated by either party, without cause, upon thirty (30) days prior written. notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: 28 County: Kristin Daniels, .Budget Director Indian River County 1801 2Th Street. Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 14th Street Vero Beach, FL 32960 10. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County .and Subrecipient have entered into this Contracton the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Susan Adams, Chairman Attest: Jeffrey R Smith, Clerk of. Courts & Comptroller By: Deputy Clerk Approved: Jason Brown, County Administrator SUBRECIPI NT: By:j�gD2 = _ (::::) Agency ame: SeniorResource Association Karen Deigl, President/CEO Approved as to form and legal sufficiency: Dylan Reingold, County Attorney 29 5 I 'o N It N Q N N N N N N L •` r r r O O d CO C � IL N N co M C C .. O -00 _ orn_ o 0 U " 0 LD m fn fn n U) _6 04 CN U c c Q (' O co I N t cu r N N r r O LL LL U N cor r CSOizz r r O r r 0 0 O O Zw r+ OO OOO N N }' t4 N LL � N � \ N N R •+ N N N LL LL Li H H m CO r r c 3 Q O r r O O O Il_ ti CO r LO r 00000 �OCLO lOti C M 0 to V) 000 M �� M ti d'0O NMW w QO r f0 �D ti Efl to Vf EA 46 CN CD cn U O O O O O U? U� U? LO V (U.,� LO N N N O p— O •� , LO O Co O� O Q Q LL LL J O• CN w NU LL - 0 M m U Q N N L ca U C � U U C C C7 cu cu C: Y N N U " 0 LD m fn fn n U) C C U c c Q E LB IF, N cu O 5 C O LL LL U N > N N it r r O Zw U U O G1 �_ 'a Q N 7 �C C� W LL fn N N }' t4 N LL O dHH +•+ppciv CO OOQR d 400 R •+ LLLLLLLL N LL LL Li H H 0 M m EXHIBIT B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.00002 PUBLIC TRANSPORTATION sTRATEcI DEVELOPMENTT GRANT AGREEMENT EXHIBITS Occ 02n0 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): the provision of operating funds for a paratransit transition pilot B. Project Location (limits, city, county, map): Indian River County, FL C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): "Service Development Projects specifically include projects involving the use of new technologies, services, routes, or vehicle frequencies; the purchase of special transportation services, and other such techniques for increasing service to the riding public as are applicable to specific localities and transit user groups. Projects involving the application of new technologies or methods for improving operations, maintenance, and marketing in public transit systems can be funded through the Service Development program, Eligible capital costs are any costs that would be defined as capital costs by the Federal Transit Administration. Examples would include, but not be limited to: the acquisition of buses for fleet and service expansions; transfer facilities; intermodal terminals and park and ride facilities; and passenger amenities, such as passenger shelters and bus stop signs. Eligible net operating costs are all operating costs of a project; less any federal funds, fares, or other sources of income.to the project." D. Deliverable(s): transit service The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency, E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting -cards, lobbying, personal cell phone, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts, flowers, or promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 31 17 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OOc02M EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund .FLAIR State Object CSFAt CSFA/CFDA Title or Funding ProjectType $0 Category Fiscal Code CFDA Funding Source Description Amount Number $450,000 $0 Year Travel Number $0 $0 443922-1-84-01 DPTO 088774 2019 751000 55.012 Public Transit Service Development $450,000 $0 Local I I I $450,000.$0 1 1 $450,000 Total Financial Assistance $900,000 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) . State Local ' Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $450,000 1 $450,000 $0 $900.000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $450,000 $450,000.$0 $900,000 ' Budget category amounts are estimates and can be snnted between nems witnout amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Jayne A. Pietrowski Department Grant Manager Name Signature Date 32 8 18 of 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION . Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 06119 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): To Provide block grant funding for operating assistance to Indian River County for its urbanized area public transportation. B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): To Provide block grant funding for operating assistance to Indian River County for its urbanized area public transportation. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below. Passenger Trips Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours. Service is Available Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year 5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip,com 33 17 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000.°2 PUBLIC TRANSPORTATION STRATEGIC ..,... DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC06f9 6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a copy of invoice to TransC.IP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made,, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, .decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 34 10 18 of 24. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION DEVELOPMENT STRATEGIC GRANT AGREEMENT EXHIBITS OGC06t12 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial State FLAIR State Object CSFA/ -CSFA/CFDA Title $551,533 Project Fund Type Category Fiscal Code CFDA or Funding Source Funding Amount Number $0 $0 Year Travel Number Description $0 407190-5-84- Other Direct Costs $1,829 $1;829 $0 $3,658 Public Transit Block $0 01 DPTO 088774 2020 751000 55.010 Grant Program $580,817 407190-5-84- LF 088774 2020 751000 55.010 Public Transit Block $580,817 01 Grant Program Total Financial Assistance $1;x61 634. B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only)' State focal .Federal Total Salaries $551;533 $551,533 $0 $1,103,066 Fringe Benefits $27,455 $27,455 $0 $54,910 Contractual Services $0 $0 $0 $0 Travel $0 1 $0 1 $0 $0 Other Direct Costs $1,829 $1;829 $0 $3,658 Indirect Costs $0 $0 $0 $0 Totals $580,817 $580,817 $0 $1,161,634: Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a.- - :_ Monthly X Quarterly _ Other. basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 35 11 19 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form :25-000.02 PUBLIC TRANSPORTATION sTRArecr DEVELOPMENTT GRANT AGREEMENT EXHIBITS occ 05119 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): 5311 funding for operating assistance to Indian River County BOCC for its non -urbanized area public transportation. B. Project Location (limits, city, county, map): Indian River County MPONero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1. Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip.com. 2. Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. 3. The Agency shall upload the annual farebox report to TransCIP under the Library tab to the Agency's Fare Box Documents. 4. The Agency shall submit DBE reports via TransCIP semiannually. 5. Funds shall be used for public transit service in non -urbanized areas. For agencies whose service areas include both urbanized and non -urbanized areas, special care shall be taken to ensure funding is not inappropriately applied to urbanized area service. Agencies must develop a method of allocating costs between urbanized and non -urbanized area service. This can be based on passengers, route maps, or other records or methods. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of 36 12 17 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 726.000-02 .PUBLIC TRANSPORTATION STRATEGIC - DEVELOPMENT GRANT AGREEMENT EXHIBITS OG`Owl 9 incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. 37 13 18 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc Owls EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) * State. FLAIR Federal Object Salaries CSFA/CFDA Title $0 Financial Fund Category State Code CSFA/ or Contractual Services Project Type $76.178 Fiscal Travel CFDA Funding Source Funding Amount Number Other Direct Costs $0 Year. $0 Number Description $0 407182-3-84- $0 $0 Totals $0 $76,1781 Formula Grants for S152,356 01 DU 088774 2020 780000 20.509 Rural Areas 576,178 407182-3-84- LF 088774 2020 780000 20.509 Formula Grants for $76,178 01 1 1 1 Rural Areas `Total Financial Assistance $152:356 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) * State. Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $76,178 $76.178 $152,356 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 . Indirect Costs $0 $0 $0 $0 Totals $0 $76,1781 576,178 S152,356 ' Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Sianature Date 38 14 19 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGco2/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): provision of CARES Act 5311 funding for COVID-19 related operating assistance to Indian River County BOCC for its non -urbanized area public transportation. B. Project Location (limits, city, county, map): Indian River County MPONero Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeiine, project schedule, project size): The CARES Act provides funds to agencies to prevent, prepare for, and respond to COVID-19. This project will support non -urbanized public transportation services related to preventing, preparing for, and responding to COVID-19. Eligible COVID-19 related expenses incurred on or after January 20, 2020 are billable towards this agreement. D. Deliverable(s): 1) Refer to Exhibit E and Exhibit F of PTCA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area, 4) Certification verifying adoption of a System Safety Program Plan. 5), Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) Ensure that funds are used to prevent, prepare for, and respond to COVID-19. 8) If the Grantee does not show a steady use of the funds, the Department will consider closing the PTGA and reallocating the amount available for the Grantee's use. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, .decorations, greeting cards, lobbying, personal cell phones, office parties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): 39 15 17 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.00042 PUBLIC TRANSPORTATION DEsTRArEGt - VELOPMENTT GRANT AGREEMENT. EXHIBITS OGc 02M Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deiiverables for Transit Operating Grants, 40 16 18 of 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC u2l20 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFAI CSFAICFDA-Tit{e or .Funding Project Type- t Caegory . Fiscal Code C.FDA Funding Source Description Amount Number .. $0 $246.951 Year Travel Number. $0 $0 407182-3-84-01 DUCA 088774 2020 780000 20.509 Formula Grants for Rural Areas $246,951 $0 $0 Total Financial Assistance $246;951 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only') " State Local Federal - Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $0 $246.951 $246,951 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $0 $246,951 :. $246,951 ' Budget category amounts are estimates and can be shored between items witnout amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGETlCOST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentationis on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature I 17 Date 41 19 of 25 U.S. Department of Transportation Application so Federal Transit Administration Federal Award identification Number 5630-2020-2 (FAIN) Temporary Application Number 5630-2020-2 Application Name CARES Act 5307 Operating; Sebastian -Vero Beach LIZA Application :Status In -Progress Application Budget Number 0 Deriod of Performance Start Date N/A 3riginal Period of 'Performance End Date N/A :urrent Period of Performance End Date N/A Revision #: N/A Part 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient OST Recipient Alias Recipient ID Type DUNS 5630 CountyA INDIAN RIVER COUNTY BOARD OF COUNTY 079208989 Agency y COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH St Bldg B Vero Beach FL 32960 Physical Address 1800 27TH ST BLDG B VERO BEACH FL 32960 Mailing Address 180127TH STREET VERO BEACH FL 32960 Union Information There are no union contacts for this application Part 2: Application Information 42 18 Title: CARES Act 5307 Operating; Sebastian -Vero Beach UZA FAIN Application Application Date Last Updated From Status Type Created Date TEAM? 5630-2020- In -Progress Grant 6/8/2020 6/8/2020 No 2 Application Executive Summary This FY 2020 5307 grant provides operating assistance from the CARES Act for public transportation in Indian River County, which consists of the GoLine fixed route system and the Community Coach demand response service. The total eligible cost is $6,316,645, of which the federal share is $6,316,645. Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports .(FFR) No Selection Made Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is directly allocated these funds and is eligible to apply for and receive these funds directly. Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Application Point of Contact Information First Name Last Name Title E-mail Address Phone Brian Freeman Senior Transportation Planner bfreeman@ircgov.com 772-226-1990 Application Budget Control Totals Funding Source Section of Statute CFDA Number Amount 5307 - Urbanized Area Formula Grants (CARES Act) 5307-6 20507 $6,316,645 Local SO Local/In-Kind 50 State $0 43 19 State/In-Kind $0 :Other Federal $0 Transportation Development Credit $0 Adjustment $0 Total Eligible Cost $6,316,645 Application Budget Project Number Budget Item FTA Amount Non- Total Eligible FTA Amount Amount Quantity 1.14- 5630-2020=2- '00 BUS: SUPPORT EQUIP $63,166.00 $0.00 $63,166.00 0 P1 {114- AND FACILITIES ACQUIRE - 5630-2020-2- 11.42.09 MOBILE $63,166.00 $0.00 $63,166.00 0 P1 SURV/SECURITY EQUIP 300- 5630-2020-2- P1 00 OPERATING ASSISTANCE {300- $6,253,479.00 $0.00 $6,253,479.00 0 EMER RELIEF - 5630-2020-2- OPERATING 30.09.08 $6,253,479.00 $0.00 $6,253,479.00 0 P1 ASSIST -100% Fed Share 44 20 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may notbe reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per. Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary. 45 21 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly,. it is agreed that no deviation from the terms hereof shall be predicated upon any prior representationsor agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 46 22 1Z CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Baskins, Staff Assistant IV Department of Emergency Services DATE: . September 16, 2020 SUBJECT: Approval of Renewal for a Class "E1" Certificate of Public Convenience And Necessity for Stellar Transport, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On September 11, 2018, the Indian River County Board of County Commissioners approved a renewal Class `B1" Certificate of Public Convenience and Necessity for Stellar Transport, Inc. to provide Wheelchair and Non -Emergency Stretcher transport service originating within Indian River County. This certificate was necessary in order to comply with Indian River County Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire on October 18, 2020. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate.. An application for the renewal of the Class "E1" certificate has been submitted by Stellar Transport, Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There is no funding required for this item. 47 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B1" Certificate of Public Convenience and Necessity for Stellar Transport, Inc., to be effective for a period of two (2) years from October 18, 2020 to October 18, 2022. ATTACHMENTS: 1. Renewal Application from Stellar Transport, Inc. 48 Pr.M.ENr INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES 0 T g 4N � �FNCY SSP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Stellar Transport I nC. DATE: 7/15/2020 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ❑✓ This is a renewal of our present COPCN. ❑ This is a renewal of our present COCPN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ DBLS DOLS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ DBLS DALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ DBLS []ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ DWheelchair ❑ Wheelchair/StretcherIIAmbulatory 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 E1 ® II✓ ,Wheelchair ZI Wheelchair/Stretcher ZAmbulatory 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. 49 II. COMPANY DETAILS 1. NAME OF AMBULANCE SERVICE: Stellar Transport Inc. MAILING ADDRESS: 221 W. Hibiscus Blvd #238 cITyMelbourne COUNTYBrevard ZIP CODE: 32901 BUSINESS PHONE: 321-222-6222 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Private Corporation 3. MANAGER'S NAME: Lu is Govantes ADDRESS: 745 Puesta Del Sol Plaza PHONE #: 321-777-9993 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 Luis G ova n to s 745 Puesta Del Sol Plaza, Indialantic FL 32903 P re s i d e n t John O n e i l 820 Malibu Lane, Indialantic FL 32903 Vi ce- P res i d e n t 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# Health South Treasure Coast 1600 37th Ave Vero Beach FL 32960772-778-2100 Consulate Health Care 1310 37th St. Vero Beach FI 32960 772-569-5107 Palm Garden 1755 37th St. Vero Beach FL 32960 772-567-2443 50 6. FUNDING SOURCE: Private 7. RATE SCHEDULE ATTACHED? YES IZ NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 301 W Hibiscus Blvd, Melbourne FL 32901 601 21st St, Suite 300, Vero Beach FL 32960 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Tablets 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION N/A N/A 51 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Including: Service Type, Base Rate, Mileage, Waiting and Special Charges 52 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, Luis G ova n to s , the representative of Applicant Name Stellar Transport Inc. —,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. APPLICANT SIGNATURE DATE Before me personally appeared the said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this day of ,201—. My commission expires: NOTARY PUBLIC 53 ou INDIAN RIVER COUNTY, FLORIDA CONSENT DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: September 30, 2020 SUBJECT: Approval of Resolution Adopting the 2020 Indian River County Comprehensive Emergency Management Plan. On May 17, 2016, the Board of County Commissioners last approved the updated Indian River County Comprehensive Emergency Management Plan (CEMP) which provides policies and procedures for disaster events. Per Rule 27P-6.006 of the Florida Administrative Code, county CEMPs are required to be updated and reviewed by the Florida Division of Emergency Management at a minimum of every four years. The Emergency Management Division has completed the required 2020 updates for the CEMP; and, in a letter dated May 15, 2020, was notified by the Florida Division of Emergency Management that their review team has determined that Indian River County's plan meets the CEMP compliance criteria. The modifications to the CEMP provide the best response and recovery to Indian River County residents and streamline efforts to obtain Presidential Disaster Declarations for financial aid after disasters. The 2020 Comprehensive Emergency Management Plan will supersede all previously distributed versions of this plan. FUNDING: This plan is a requirement of the EMPA Grant scope of work included in the 001-238 approved FY 2020/2021 budget. RECOMMENDATION: Staff recommends approval and adoption of the updated 2020 Comprehensive Emergency Management Plan by resolution and the appointment of Tad Stone as the Plan Manager for Indian River County. ATTACHMENTS: 1. Resolution approving the 2020 Indian River County Comprehensive Emergency Management. 2. Approval letter from the Florida Division of Emergency Management dated May 15, 2020. **Because of the size of the plan, the 2020 Plan is on file at the Department of Emergency Services and the Board of County Commission Office. ** 54 RESOLUTION 2020 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, BY AND THROUGH ITS BOARD OF COUNTY COMMISSIONERS ADOPTING A COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR INDIAN RIVER COUNTY WHEREAS, Chapter 252, Florida Statutes, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and WHEREAS, Chapter 252, F.S., assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and WHEREAS, Chapter 252, F.S., requires each county to develop a county emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the 2020 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP), as approved by the DIVISION, is hereby adopted. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Susan Adams Joseph E. Flescher Tim Zorc Peter D. O'Bryan Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of '2020. APPROVED AS TO FORM BOARD OF COUNTY COMMISSIONERS AND LEGAL SUFFICIENCY INDIAN RIVER COUNTY, FLORIDA BY BY William K. DeBraal Deputy County Attorney ATTEST: Susan Adams, Chairman APPROVED Jeffrey R. Smith Jason E. Brown, County Administrator Clerk of Court and Comptroller 55 Kfle •��Cb YT�• STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Jared Moskowitz Governor Director May 15, 2020 Tad Stone, Director Indian River County Emergency Management 4225 43rd Ave, Vero Beach, FL 32967 CERTIFIED MAIL — RETURN RECEIPT REQUESTED Dear Director Stone: In accordance with the provisions of Rule Chapter 27P-6 Florida Administrative Code (FAC), the Florida Division of Emergency Management (FDEM) has completed its review of the Indian River County Comprehensive Emergency Management Plan (CEMP). The review team has determined that your plan meets the CEMP compliance criteria. We hope that the comments and discussions the review team had with you and your staff during the review will assist you in future planning efforts and enhance the update of your CEMP. The approved plan must now be adopted by resolution by the governing body of the jurisdiction within 90 days in accordance with Rule 27P-6.006(11) FAC. You must forward a copy of the adoption resolution and anelectronic copy of the adopted plan to FDEM to complete compliance. Failure to adopt the plan by resolution within 90 days will result in a letter of non-compliance unless an adoption extension is requested in accordance with Rule 27P-6.006(11) FAC.. D I V I S I O N H E A D Q U A R T E R S Tel: 850-413-9969 - Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www_FloiidaDisaster.org 2702 Directors Row 56 Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 Dir. Tad Stone May 15, 2020 Page Two If you have any questions or need additional information regarding the plan's approval, please contact your review team leader, Glen Hammers, at (850) 591-9947 or by email: Glen.Hammers@em.myflorida.com. Sincerely, Dlgltally signed by Lock, Ryan DN: do=org, dc=fleo4.ou=DEM_Wers, Lock Rya n�au=Preparedness,ou=Planning, cn=Lock Lock,Rya Date: 2020.05.15 1436:24 -04'00' Ryan Lock Planning Manager RL/gh/ cc: Chairman Bob Solari., Indian River County BOCC Jim Roberts, DEM Regional Coordination Team Manager Claudia Baker, DEM Regional Coordinator Kate Boer, RPC Representative Allison Mcleary, DEM - Recovery Miles Anderson, DEM - Mitigation Ryan Lock, DEM — Plans Manager Glen Hammers, DEM — CEMP Planner 57 �rvER Office of the �z INDIAN RIVER COUNTY ADMINISTRATOR LOR19 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: September 29, 2020 SUBJECT: Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance In the County Administrator's approved. budget for the 2020-2021 Fiscal Year, the Board approved the Administrator's request to attend the Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association Annual Conference, the Florida Government Finance Officers Association School of Governmental Finance and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. The County Administrator is hereby confirming authorization to attend the 2020 FGFOA School of Governmental Finance; the 2021 GFOA Annual Conference; the 2021 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the. Florida Government Finance Officers Association. Funding was included and approved in the 2020/2021 FY budget in General Fund/County Administrator/All Travel acct# 00120112-034020 and General Fund/County Administrator/ Tuition/Registration acct# 00120112-035430. 58 F • 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 OW SUBJECT: Recommendation of Final Payment and Approval of Change Order No. 1 for Work Order 3 with GK Environmental for Exotic Control at Egret Marsh Stormwater Park and Nature Preserve DATE: September 29, 2020 DESCRIPTION AND CONDITIONS In late summer of 2019, GK Environmental, Inc. was awarded Work Order #3 for exotic control at Egret Marsh Stormwater Park and Nature Preserve. The Work Order Amount is $25,120 and it included 12 maintenance events at $1,750 per event. An additional exotic control event was needed due to this summer's heavy rainfalls that caused excessive exotic growth at the facility. The purpose of this . Agenda Item is to request final payment for the twelve scheduled exotic control events and to request payment for one additional exotic control event via Change Order No. 1 for $1,750.00. Change Order No. 1 and the final invoice for $8,750 are included as attachments. All Work Order #3 tasks are complete. FUNDING Funding is budgeted and available from Other Contractual Services — Egret Marsh Stormwater account. Account Name Account NumberAmount Other Contractual Services - Egret Marsh Stormwater 11128138-033490- 05057 $8,750.00 RECOMMENDATION Staff recommends the Board approve the Final Invoice in the amount of $8,750.00 and Change Order No. 1 in the amount of $1,750.00. ATTACHMENTS Attachments: GKE Final Invoice No. 327 (Final) and Change Order No. 1 DISTRIBUTION Jennifer Hyde, Purchasing Division Kristin Daniels, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR October 6, 2020 59 DATE OF ISSUANCE: Sept. 15, 2020 EFFECTIVE DATE: Sept. 15, 2020 OWNER: Indian River County CONSULTANT/CONTRACTOR: G.K. Environmental, Inc. Project: Work Order No. 3 for EGRET MARSH STORMWATER PARK ENGINEER: Indian River County Stormwater Division The following items are included in Change Order No. 1: 1. Perform one exotic control event at Egret Marsh per requirements contained in Work Order No. 3 — Exotic Control at Egret Marsh Stormwater Park and Nature Preserve ADDITION TO THE CONTRACT PRICE = $1,750.00 ******************************************************** CHANGE IN CONTRACT PRICE Description Amount Contract Price $25,120.00 -Original Net change from previous Change Orders: $0.00 Contract Price prior to this Change Order: $25,120.00 Net increase of this Change Order: $1,750.00 Contract Price with all approved Change Orders: $26,870.00 ACCEPTED: By: CONSULTANT (Signature) G.K. Environmental, Inc. George R. Kulczycki, President Date: RECOMMENDED By: ENGINEER (Signature) Keith McCully, P.E., Indian River County Stormwater Engineering Division Date: APPROVED: By: OWNER: Susan Adams, Chairman, Board of County Commissioners Date: 60 OP • 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: Kirstin Leiendecker, P.E., Roadway Production Manager SUBJECT: 66th Avenue Phase IB - Amendment No. 8 (IRC -1505) DATE: September 23, 2020 DESCRIPTION AND CONDITIONS In 1995, the widening of 66th Avenue, from 2 -lanes to a 4 -lane divided roadway, was added to the Indian River County Long Range Transportation Plan. In 2005, the Board of County Commissioners approved an Engineering/Land Surveying Services Agreement with Kimley-Horn & Associates, Inc. Seven (7) amendments have been approved to date. Amendment No. 8 is to include improvement to the intersection at 66th Avenue and 57th Street. The improvement will include the installation of mast arm traffic signals, pedestrian crosswalks and curb ramps, sidewalk ramps and landings and associated signage and pavement markings. Amendment No. 8 is for a lump sum amount of $48,105.00. FUNDING Funding in the amount of $48,105.00 will be programmed into the following account when formulating the upcoming 2020/2021 CIE. Traffic Impact Fees/District 2/ Account No. 10215141-066510-07806 66th Avenue (49th Street to 69th Street) $48,105.00 RECOMMENDATION Staff recommends approval of Amendment No. 8 to Kimley-Horn & Associates, Inc., and requests the Board authorize the Chairman to execute Amendment No. 8 on their behalf for a lump sum amount of $48,105.00. ATTACHMENT Amendment No. 8 AGENDA ITEM FOR OCTOBER 6.2020 61 INDIAN RIVER COUNTY 66th Avenue Phase 113, 491h to 69th Roadway Widening Project Number: IRC -1505 AMENDMENT NO. 8 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated February 22"d, 2005 between Kimley-Horn and Associates, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section III - Scope of Services", "Section V - Compensation" and "Section XVI -Duration of Agreement" of the AGREEMENT. Amendment Description "SECTION III -SCOPE OF SERVICES" is being modified to incorporate the following: 66th Avenue Phase IB — 661h Avenue and 57th Street —Traffic Signalization The COUNTY desires to improve the intersection by installation of a mast arm traffic signal, pedestrian crosswalks and curb ramps, including sidewalk ramps and landings, associated signage and miscellaneous pavement markings as needed. It is understood that the CONSULTANT will provide the geotechnical investigation findings necessary to support the foundation design calculations and digital geometric roadway design files. A. Geotechnical Investieation: The geotechnical investigation will include four (4) Standard Penetration Test (SPT) borings to a depth of 35 feet using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586. The SPT borings will be drilled at the four corners of the intersection in accessible locations as close as possible to the proposed mast arm foundations. The SPT borings will be sampled at 18 -inch or 24 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. 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. For the purposes of this proposal, we have assumed that maintenance -of -traffic (MOT) will not be required to perform the soil borings. LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., sieve analysis, Atterberg limits and organic contents). All laboratory tests will be performed in general 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 provide the soil parameters listed above for structural verification of the standard FDOT mast arm pole design. 62 B. Signalization Plans: The COUNTY desires to prepare traffic signalization plans associated with the 66th Avenue/ 57th Street intersection. It is understood that the proposed signalization improvements will consist of a mast arm traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and mast arm assemblies' data tables. The set of plans shall consist of the following: Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 63 40% 80% 100% Cover Sheet P S F General Notes/ Legend P S F Tabulation of Quantities/ General P S F Roadway Plan Sheets P S F Signing & Pavement Marking Plans P S F Signalization and Pay Item Notes P S F Signalization Plans P S F Fiber Optic Plan P S F Standard Mast Arm Tabulation P S F Standard Mast Arm Assemblies Data Table P S F Sign Details P S F Construction Cost Estimate and Quantities P S F Notes: (P) -Preliminary, (S) -Substantially Complete, (F) -Final The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, General Notes Sheet, Plan Sheets, Cross Section Sheets, Erosion Control Sheets, Signalization Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 63 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.- Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 7. All quantities shall reference FDOT Pay Item Numbers. 8. All details shall reference FDOT Index Numbers, where applicable. 9. All specifications shall reference the FDOT Specifications for Road and Bridge Construction. Any deviations or. special specifications not included in FDOT Specifications will be provided in the Technical Specifications. 10. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: L Three (3) Sets Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. The Consultant will be responsible for producing an opinion of probable cost (OPC) estimate and reviewing and updating the OPC when scope changes occur and/or at designated milestones of the project. A Summary of Pay Items sheet shall be prepared with all required Initial (40%), Interim (80%) and Final Plan (100%) submittals. The Final Plans will be provided signed and sealed. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. The Final Plans will be provided in Autodesk Civil 3D format. C. SijzninR and Pavement Markine Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, key map, quantities (including signing and pavement marking quantity), tabulation of quantities, and detail of major signs. Plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form. 64 D. Franchise Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Franchise utility adjustments, designed by the respective franchise utility, will be requested by the Consultant and reflected within the prepared construction documents. The Consultant will coordinate with the electrical service provider relative to the location and infrastructure required to accommodate the proposed power supply location. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 65 "SECTION V — COMPENSATION" IS BEING MODIFIED TO INCORPORATE THE FOLLOWING: The COUNTY agrees to pay and the ENGINEER 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 Geotechnical Investigation $ 4,165 Signalization Plans $ 34,450 Signing and Marking Plans $ 5,670 Franchise Utility Coordination $ 3,820 Amendment Total $48,105 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 66 "SECTION XVI — DURATION OF AGREEMENT" is being modified to incorporate the following: The time for completion for the scope of services detailed in this amendment will be three (3) months following receipt of the notice to proceed from the COUNTY. NTP Initial Submittal (40% Design Drawings) Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) contingent upon BOCC approval 1 months following NTP 2 months following NTP 3 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 67 The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 8 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2020. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: By: Brian Good, 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: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney W INDIAN RIVER COUNTY, FLORIDA • MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis, P.E.; PMP, Assistant Public Works Director SUBJECT: Amendment No. 1 to Work Order No. 16, Kimley-Horn and Associates, Inc. Bridge Repairs for CR -512 Bridges over the St. Sebastian River IRC -1727 DATE: September 23, 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. On July 2, 2019 Work Order No. 16 was approved by the Board of County Commissioners in the amount of $23,905.00 for the design services, including permitting & bidding for structural and non-structural repair plans to both CR -512 Bridges over the Sebastian River. The purpose of Amendment No.1 to Work Order No. 16 is to provide for post -design & construction review services for a Not -to -Exceed amount of $15,000.00, bringing the total for Work Order No. 16 to $38,905.00 FUNDING Funding in the amount of $15,000.00 is available from Secondary Roads and Bridges/Maintenance- Bridges/Account No. 10921441-035330. Account Name Account Number Secondary Roads and Bridges/Maintenance-Bridges 10921441-035330 RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. 16 with Kimley-Horn and Associates, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 1 to Work Order No. 16 on their behalf for a Not -to -Exceed amount of $15,000. ATTACHMENT Kimley-Horn and Associates, Inc. Amendment No. 1 to Work Order No. 16 APPROVED AGENDA ITEM FOR OCTOBER 6, 2020 69 AMENDMENT 1 TO WORK ORDER 16 Bridge Repairs for C.R. 512 bridges over the St. Sebastian River Project Number: IRC -1727 This Amendment 1 Work Order Number 16 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 16• Effective Date July 2, 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. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 70 EXHIBIT A — SCOPE OF WORK CR 512 Bridge Repairs The COUNTY desires the Consultant to provide post design services to support the structural and roadway repairs associated with the CR 512 bridges over the Sebastian River. A. Post Design Services: During the Construction Phase, the Consultant will assist the COUNTY to provide design clarifications and design field changes, as necessary. The scope of services contemplated to be provided within the Construction Phase Services consists of the following: • Attend pre -construction meeting. • At the request of the County, the Project Engineer will be onsite to observe the construction by the Contractor. During site visits, the Consultant will notify the COUNTY with any observed discrepancies between the design intent and the contractor's activities. • The Consultant will provide Contract Document interpretation and address RFPs from the Contractor. • The Consultant will review the Contractor's Shop Drawings for approval (or rejection.). • The Consultant will review Change Orders, provide Field Orders and Work Orders, as determined necessary. • The Consultant will perform substantial completion inspection and one final inspection of the construction project. The substantial completion inspection will include preparation of a substantial completion form with an attached punch list of items to be completed prior to final completion • Once construction is substantially complete and the contractor has submitted as -built construction drawings, The Consultant will review and prepare Record Drawings based on the contractor's as -built drawings to indicate field changes made by the contractor and shown on the as -built drawings and will follow County's requirements. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 71 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: Hourly Not -to -Exceed Components Task Post Design Services Labor Fee (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) $ 15,000 72 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, it is anticipated that the bridge rehabilitation improvements will be completed within four (4) months from the County issued contractor's Notice to Proceed (NTP). (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 73 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT,,,._ . By: Print Name: Brian Good Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller ministrator f County Attorney 74 tc CONSENT AGENDA Indian River Countyj Florida Department of Utility Services Board Memorandum Date: September 24, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, -Director of Utility Services Prepared By: Dwight Fulton, PE, Capital Projects Manager Subject: South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP) Improvements with Kimley-Horn and Associates- Amendment No.1 to Work Order No. 1 Descriptions and Conditions: On September 17, 2019, the Indian River County Board of County Commissioners (BCC) approved the final ranking for Request for Qualifications (RFQ) 2019070 to assist the Indian River County Department of Utility Services (IRCDUS) with the planning, engineering, design, permitting and construction phase services anticipated with two water treatment plants and directed staff to start negotiations with the top ranked firm, Kimley-Horn and Associates, Inc. (KHA). On November 5, 2019, the BCC Chairman signed the agreement for professional services. On December 17, 2019, the BCC approved Work Order No.1 to KHA for preliminary evaluation, preparation of design documents, permitting, and bidding phase assistance on the SCRO WTP, which is currently rated for 8.57 million gallons per day (MGD). As part of the preliminary evaluation phase, KHA submitted a basis of design report dated April, 2020, which identified the condition on the major process components in need of replacement and rehabilitation, evaluated improvements necessary for up to 2 MGD RO train treatment capacity and provided recommendations for redundancy and resiliency at the SCRO WTP. Some of the items identified in the design report were not included in the original work order No.1. Analysis: Staff requested KHA prepare a proposal to provide professional services to address the additional items based on the design report and discussions with staff. Those items are as follows: • New high service pumps (HSP) 4 & 5 (2 - 3 dwgs) • Reverse Osmosis (RO) permeate and concentrate lines (4 dwgs) • . HSP Suction and tank outlet piping (4 dwgs) • Additional CO2 storage and feed system (3 dwgs) • Additional Sulfuric Acid pump skid (1 dwg) • Additional bulk caustic tank in existing containment (2 dwgs) • . Uprating of the WTP from 8.57 to 9.0 MGD treatment capacity • Modification to existing Demineralization Concentrate (DC) disposal permit • Separation of SCADA & PLC Improvements to standalone project The Amendment No.1 to Work Order No.1 will be provided in accordance with the Agreement f75 C:\Users\legistar\AppData\local\Temp\BCL Tech nologies\easyPDF 8\@BCL@740E6031\@BCL@74OE603l.docx Professional Services for Water Plant and Water Resources Engineering Services-RFQ 2019070 dated November 5, 2019. The scope is more specifically described in the attached Exhibit A, Amendment No.1 to Work Order No. 1. The total negotiated cost for the SCRO WTP improvements in Amendment No. 1 to Work Order No. 1 is a lump sum amount of $127,252, which would bring the total sum amount for Work Order No.1 to $695,501.00. Funding: Funds for this project are derived from the other professional services account in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount S RO Membranes & Retrofit 47121936-044699-19503 $127,252.00 Recommendation: Staff recommends approval of the Agreement for Professional Services for Water Plant and Water Resources Engineering Services Request for Qualifications 2019070, Amendment No.1 to Work Order No. 1, and requests that the Board of County Commissioners authorize the Chairman to execute the Amendment No.1 to Work Order No.1 on their behalf to engage the services of Kimley-Horn and Associates, Inc., for a sum amount of $127,252. Attachment: Amendment No.1 to Work Order No.1 with KHA. (7 Pages) 76 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ 2019070 WORK ORDER 1 South Oslo Rd Water Treatment Plant Improvements This Amendment to Work Order Number _ is entered into as of this _ day of 202J pursuant to that certain Agreement for Professional Services for Water Plant and Water Resources Engineering Services entered into as of this 5th day of November, 2019 (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 , Effective Date 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 1.5 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: Print Name: Title: By: , Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney77 EXHIBIT #A South Oslo Rd Water Treatment Plant Improvements Amendment No. 1 to Work Order No. 1 PROJECT UNDERSTANDING Kimley-Horn and Associates, Inc. was authorized under Work Order #1 to provide design, permitting, and bidding phase services on December 17, 2019. Following completion of task 1 of this scope including the preliminary evaluation, the following additional items were determined to be necessary improvements as part of the overall p oject; • New high service pumps (HSP) 4 & 5 (2 - 3 dwgs) ( \` • Reverse Osmosis (RO) permeate and concentrate,lines (4 dwg • HSP Suction and tank outlet piping (4 dwgsVy • Additional CO2 storage and feed systemr(3:dwgs) • Additional Sulfuric Acid pump skid (14wwg)� • Additional bulk caustic tank in existing con tainment(2 dwgs) • Uprating of the WTP from 8.5.7 to 9.0 MGD treatment capacity • Modification to existing Demineralization Concentrat\e\(DC) disposal permit • Separation of SCADA & PLC Improvements to stan&lo/en project Consultant will improvements 1 Task 1— Task ide design; Scope phase services for the Consultant will prepare design drawings and specifications for two additional high service pumps, including supply and discharge piping as outlined in the preliminary design report and 60% submittal. The design will consist of two new vertical turbine pumps located outdoors of the existmg,building due to limited indoor space. The pumps will be designed to match the existingpuinp performance and include variable frequency drives (VFDs) on each of the pumps. The design will also consist of redundant suction and discharge piping and incorporate dual distribution flow meters as described in the previous scope of services. Consultant will prepare design drawings for a new dual permeate pipe and replacement concentrate pipeline. The dual permeate pipe will allow phasing of the RO train installation and provide additional hydraulic capacity to the RO system to provide 9.0 MGD. The additional concentrate line is necessary as a replacement to the existing fiberglass reinforced plastic (FRP) pipe concentrate line that is susceptible to failures. Both pipelines will be 78 constructed of HDPE. Consultant will prepare drawings to add a second suction header pipe between the ground storage tanks. The existing 14 -inch header is undersized at the existing WTP rated capacity and will require an additional parallel pipe to accommodate the high service pump improvements and WTP capacity increase. Consultant will prepare design for additional suction pipe penetration into each of the two (2) ground storage tanks. Consultant will prepare design drawings and specifications for a new liquid carbon dioxide (CO2) storage tank and components, consisting of slab, tank, gas feed and vaporizer system and cabinet, and electrical power feed. The new tank will provide redundant and additional supply to the existing carbonic solution pressurized solution feed (PSF) systems. Consultant will design grading improvements adjacent to the a fisting and proposed bulk CO2 storage tanks. Consultant will prepare design drawings and specifications for a 2°a bulk,sodium hydroxide tank to be located in an existing containment structure. Additional bulk storage is needed for deliveries of full load of sodium hydroxide and.anttiicipated increase in usage for alkalinity improvements with reduction in Cal-Flo,lime slurry usage. Consultant will prepare design drawing` a d,specificati�\,an additional sulfuric acid feed pump skid. This additional skid will'be,dedicated to feedwater acidification whereas the existing skid will be dedicated to permeate andar w.water blend acidification. Consultant will prepare,spe�f cations for lot®r/re�l�ace f two (2) transfer pumps. The replacement motors will be,ofthe same electrical size and will be totally enclosed fan - cooled (TEFL) in<lieu�of the WP -1, motors currently, installed and improve resiliency of the post-treatment system from in� driven rain. instrumentation diagrams (P&IDs) for each of the Consultant will prepare electrical drawings and specifications, consisting of single line diagrams, network drawings, electrical schematics and details. C&W Engineering will provide the electrical des ign,;services. It is estimated that an additional 16 - 17 drawings will be included and be incorporated into the project set of bid documents. The documents will be prepared and be used in advertising for bids. Consultant will prepare design drawings, specifications, and opinion of probable construction costs (OPCC) at the 60%, 90%, and bidding phase design intervals for these additional system components. Specifications will be provided in the 16 -division format as defined by the Construction Specifications Institute (CSI). 79 Task 3 — Permitting — Additional Scope Modification to the existing concentrate disposal permit, Industrial Wastewater Permit No. FL0037940-009 (Minor), is necessary to accommodate the change in water quality with the increase in RO plant capacity and recovery, as well as address the ADF and MDF stipulations, in the current permit. Consultant will assimilate historical data and prepare a letter requesting a minor modification to the existing permit to include a change in the average daily flow requirement, and demonstrate a negligible impact to overall water quality of the Algal Turf Scrubber (ATS) influent and treated effluent. ,7 Consultant will prepare supporting documents, consisting,of,drawings, specifications, projections, and calculations supporting the minor letter mo� fication. Consultant will respond to one round of reasonable` requests for additional information from FDEP permitting agency requests for clavi ic tion. Consultant will prepare an Uprating Evaluation to determine omponents/processes in need of expansion/replacement to accomplish 9 MGD oftreatment capacity. Consultant will identify improvements in Uprating Evaluation and implement said improvements into the construction plans. Consultant will prepare permit application'package to incre sa e capacity of the WTP from 8.57 to 9 MGD. Applicata no wil-1 include the Uprating Evaluation in addition to the final plans and specifications It is assumed Indian\River County will produce the permit application fee in the -amount of !$12,500 per F�k_62-4.050 (n) La. Task 4 — Due to -failing and antiquated PLC hardware, IRC desires to advance the SCADA system improvements aspect of`this'project. As such, Consultant will prepare.standalone bid documentsfor�SCADA and PLC improvements at Oslo. These documents will be prepared at the 90 and 100% design intervals. Work under this task includes the additional effort associated with developing a standalone set of bid documents for the SCADA/PLC improvement aspect of -,this project, in addition to the process/piping improvements previously scoped. .` j It is assumed that the Oslo SCADA/PLC improvements will be combined with the Hobart PLC improvements project. This will provide the County with the ability to standardize panel design with consistent fabricator for both WTPs and will also reduce on overall construction costs through economies of scale. 80 TIME SCHEDULE Consultant will include these additional services with the approved Work Order #1 and anticipates an additional 8-12 weeks will be necessary to complete. FEESCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services — RFQ 2019070, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a -political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates; Inc., ("Consultant"). The Consultant will provide professional services for Task/1""through Task 4 on a lump sum fee basis as follows: Task No. Task Work Order 1` Amendment 1 `,,,Updated \Total� Task 1 Preliminary Design $ 46,214 �, , $ QjA $ 46,714 Task 2 Prepare Documents $491,644 $'94 030. $585 674 Task 3 Permitting.$ 11,206 "$,26,928 $ 37,234 Task 4 Bidding `$ 119175 $ 7,194, $26,146 Total Lump Sum Fee = $\568,249 $127;252 % $695,501 The following servic be required dependir. Additional services i • Sit -e plate rining s not: • construction phase, as a separate work4 • Permit application f(• New permit applicat in theScope of Services for this project, but may that m y arise during the execution of this project. be limited to the following: but can -be provided after bidding phase. io-Oncluded under this task order, but will be prepared >r uprating of the WTP for DC disposal at Osprey Marsh 81 82 ESTIMATE FOR ENGINEERING SERVICES PROJECT: South WTPR&R - Oslo WTP I I I I I I 1 1 11125.19 CLIENT: Indian River County Utilities 1 1 1 1 I 1 1 I 1 ESTIMATOR: MDM DESCRIPTION: J DIRECT LABOR MAN -HOURS I I 1 I Water Plant heatmentrehabilitation REC LINE Preparation of Drawings, Pertrl fling, & Bidd ng_ LPF0IN PRINCF PROF DES PROF I/2 CLK EXP SUB TOTAL Amendment # 1 mdm nb SS a dot c/a NO TASK 1 PRELIM EVALUATION Animdrent Task 1 Total $0 $46224 $46224 2 PREPARE DOCUMENTS High Service Pump Selection & Design 2 16 j —_1 $3,004 .HighService Pump Plan 2 4 12 [ $2,932 High Service Pump Spec 2 2 24 8/ , \ $4,496 Dual Permeate Pipe Design 61 1 16 1/ \ �_ $3,956 Dual Permeate Pipe Plan 4 6 12 \ \ $3,72 Dual Permeate Pipe Spec 1 2 30 8 t $5,0261 1 GST Supply P' Design 6 16 /.rte\ \$3,956 GST Supply Pipe Plans 2 6 12 / / \ 53;248 GST Supply Pipe Spec 1 2 / 28 8 \S4,770 CO2 Tank Design 16 — . �_ \ Sj',956 CO2 Tank Plan 11 8 12 \ ', _\ $3,32 CO2 Tank Spec 1 2 `36 \/8' $5,7 NaOH Design 4 12 $2,848 NaOH Plan 2 f•8 12 \ $3 NaOH Spec 1 \6 30 t8 \ $5,65 H2SO4 Desi 4 ,- \ \ ^ $632 H2SO4 Plan 6 � !10 \ / S2,468 H2SO4 Spec 2 �_ 281_ 8 )/1 $4,532 Transfer Pump Motor Spec 2 6 //-, \ ` $1,42 PID Plans (+4 sheets) 4— 12 16 30 \ / $9,12 Electrical Drawings / 2 \_ 16 _ ' %/8 3,000 $6,6361 SCADA /J 2 \ 6 12 6,000 $8,960 } $94,030 $497,644 $585,674 3 PERMITTING 1 DC Permit Letter Mod Request Idl, /4 12 } / 4 55,472 DC Data Assimilation to support request \4/, -. _ 12 �_ �/ 12 1 $4,394 Uvrating Re rt ��� 12 1'24 _ 12 $8,184 Uprating Permit A lication Packa e—_ 4 \ 4 , 24 16 4 S7,9881 $26,028 $11,2061 $37,234 4 BIDDING PHASE Finalize PLC/SCADABid'Docs 1 /6 8 $1,81 Coordination w/ IRC P4chasin Det '2 .} J/ 8 4 $2,056 Pre-bid Meeting SCADA)\. \ 1 } 8 2 $1,660 Answer Questions \ \ I f 8 2 S1,660 $19,1-75}—$213-69 1 TOTALHOURS \ 186 81 2761 961 2591-80 $D $9000 $127 52 $127252 $568249 $695,501 LABOR "O 238 220 1 1581 1521 1281 79 $0 SUBTOTALI :20468 1760 43608 13072 33024 6320 0 $118,252 82 RE INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THRU: Phillip J. Matson, AICP, Community Development Director Bill Schutt, AICP, Chief, Long -Range Planning FROM: Matt Kalap, Planner, Long -Range Planning DATE: September 29, 2020 SUBJECT: REQUEST TO APPROVE THE FIRST FOUR BIDS FOR CDBG HOUSING REHABILITATION It is requested that the following information be given formal consideration by the. Board of County Commissioners at its regular meeting of October 6, 2020. DESCRIPTION AND CONDITIONS On June 19, 2018, the Board of County Commissioners (BCC), at an advertised public hearing, directed staff to prepare an application for a $750,000 Community Development Block Grant (CDBG) in the Housing Rehabilitation category and also authorized staff to issue a Request for Proposals (RFP) to select a consultant to administer the grant, if awarded. At a second .public hearing on July 10, 2018, the BCC reviewed the proposed CDBG application, authorized a County match of $50,000 in State Housing Initiative Partnership (SHIP) funds to support the County's grant application, and authorized its submittal to the state. The County subsequently hired a consultant to assist in the administration of the grant. Since then, a $750,000 CDBG was awarded to the county, and the consultant has worked with county staff to undertake the required steps to proceed with grant implementation. These steps included soliciting and obtaining intake application forms from homeowners, and initiating the procurement process to obtain services from abstractors, lead-based paint inspectors and general contractors. Based on the criteria in the CDBG Local Housing Assistance Plan, the consultant ranked all the applicant intake applications and then worked with the applicants to obtain income, asset, ownership, and residency information. On January 10, 2020, the CDBG Citizen's Advisory Task Force (CATF) reviewed the final list of CDBG applicants. At that meeting, the CATF recommended that the Board of County 84 Commissioners approve the applicant list, and determined the members of the CATF have no conflicts of interest with any of the applicants. Subsequently, staff brought an item to the BCC on February 18, 2020 so that any conflicts of interest could be acknowledged. At that meeting, the BCC members indicated they do not have any conflicts of interest with the applicants. On August 4th, staff coordinated with the consultant and County Purchasing Division staff and issued invitations to bid for four housing units in accordance with the procedures and requirements outlined in the County's Local Housing Assistance Plan (HAP). Subsequently on August 14, 2020, eight contractors attended the first walk-through inspection with the consultant, Guardian Community Resource Management. By the September 4th deadline for submittal, seven contractors submitted sealed bids for the firstfour homes. Now, the Board is to consider approving the first group of contractors' bids as recommended by the County's CDBG administration consultant. ANALYSIS The County's CDBG HAP requires submitted bids to be ranked by price and that bids be awarded to the lowest responsible bidder within plus or minus fifteen percent (15%) of the pre-bid cost estimates. For two of the four projects (1166 15th Avenue and 4190 391h Drive), the CDBG consultant recommends the County approve the lowest responsible bidder. For the third and fourth projects (4200 46th Place and 7866 104th Avenue) the consultant is recommending the bids be awarded to a contractor that did not submit the lowest bid. Consistent with the HAP requirements, the county gives a 10% bid reduction for calculation purposes to Women Owned .Business Enterprises and/or Minority Owned Business Enterprises (WBE/MBE) in order to provide an incentive to WBE/MBE firms. In both cases the bid reductions place De La Hoz Builders Inc, in the first ranked position. A complete bid tabulation is included as Attachment 1. Outlined in the table below are the consultant's recommendations for bid approval and amounts to be utilized from CDBG funds. Applicant Name and Address Total Bid CDBG funds Contractor Theda Holland 1166 151 Ave. SW, 32962 $52,362.00 100% Patriot Response Group, LLC Gwendolyn McNeal 4200 46th Place, 32966 $42,790.00 100% De La Hoz Builders, Inc. Nickey Mills 4190 391` Drive, 32967 $49,700.00 100% TC Enterprises of the Treasure Coast, Inc. Sharon Schalm 7866 104' Ave. 32967 $37,917.00 1 100% De La Hoz Builders, Inc. FUNDING Funding in the amount of $182,769 for all four properties will be made available in the CDBG Fund/Housing Rehabilitation/Other Contractual Services— Rehab account 12913854-033490-09129 via roll-over budget amendment. 2 RECOMMENDATION Staff recommends that the BCC review the attached Bid Tabulation and approve the following bids: 1. Theda Holland (1166 15th Ave. SW, 32962) to Patriot Response Group, LLC for the bid amount of $52,362 2. Gwendolyn McNeal (4200 46th Place, 32966) to De La Hoz Builders, Inc. for the bid amount of $42,790. 3. Nickey Mills (4190 39th Drive, 32967) to TC Enterprises of the Treasure Coast, Inc for the bid amount of $49,700. 4. Sharon Schalm (7866 104th Ave. 32967) to De La Hoz Builders, Inc. for the Bid amount of $37,917. ATTACHMENT 1) Round 1 Bid Tabulation F:\Community Development\CDBG\2017-18 CDBG\BCC Items\BCC APPROVAL OF BIDS.doc 86 , J w Z C C a> ti 0 el 00 a 2 L r po c °o °o o o Cl) _M p O o O o ( IEuaS) any iPtoI 998 O c z N Io M M a M a o c vii v�� 40 SO<rs cz ►� Q in co O i Ile O = O v O O O O O � O c � (p@NaW) Id tl9b ooab q o M o 0 o, o- o b d of O �* N o00i of � a o x � w } A 0 o - O O O O a O O O0 (SLIM) -I(j Ip6£ 061t, O ' ° 0 � M z p 0 .o o 9 s� F EU U') rL� V � 0 O 0 0 0 O a N M N M p0 00 p0to O ° N N (PULMOH) MS any II�SI 991I CO \0 r0� �n �n 00 Ln C4 ol Lo tn M 4G* a w V ;u ,R .o c ►-a c E•M a O 0 O .. Q N G a c•� Q� CJ r W N •/�P/�) t i O �w�1i1 vI FSI z ^Q a U W ,d to co � o V cn cn - L C O o G z o A ,�, w a , J w Z C C a> ti 0 el 00 a 2 Portion of Indian River County's CDBG Housing Rehab Housing Assistance Plan (Pages 38 - 40) H. Bidding Bidding of potential CDBG and DRI units is conducted by the HRS in conjunction with the County Procurement/Purchasing Department. Applicants review the pre - approved list of eligible contractors before their cases are sent out for bids. Applicants have the right to remove any contractor(s) from the list of prospective bidders for their unit, as long as the removal request is based on non- discriminatory, non -bias, or other non -subjective reasoning and at least three (3) eligible contractors are allowed to bid. The Applicant must be willing to justify the removal of contractor(s) from the bidding list. Applicants may also request additional contractors as bidders. If these Applicant -requested contractors submit the Contractor Application and are approved by the PA and are otherwise eligible, they may be added to the bidders list and bid on the housing rehabilitation work. The HRS will make maximum effort to ensure participation by minority and/or Section 3 owned contracting firms. Under CDBG and DRI, the HRS shall qualify and recommend all contractors and other necessary vendors (lead based paint, asbestos, title search, mold, appraisal, land survey, environmental, etc.) for work the HRS recommends or the program requires on eligible units. In these cases, the County policies shall govern the qualifying and award process, including this HAP. No housing unit owner, occupant, or immediate relative of the same, either personally or corporately, shall serve as a contractor or sub -contractor to be paid with CDBG funds for the rehabilitation of said building, nor shall they be paid for their own labor with CDBG funds for the rehabilitation of said building. A notice is sent via email, fax or U.S. Mail to each eligible bidder to inform them of the job. Bidding notices will be posted at primary governmental buildings to the maximum practical extent. Advertising for individual jobs will be conducted as necessary but will not exempt contractors form the requirement that they must be pre -qualified. 1. Notification to Bidders (NTB): The HRS or assigned Housing Staff will notify previous program approved Contractors of the availability of the work order and establish a date for the pre-bid conference and bid submission deadline. Bids are opened in the public at the designated time and bid tabulation is prepared. 2. Pre -Construction Meeting: An onsite meeting will be arranged between the homeowner, the approved Contractors and the HRS to review the scope of work and site considerations. This meeting will also serve to allow for Attachmentgk Contractor and homeowner introductions and questions. Any questions that arise from the onsite meeting must be submitted in writing to the HRS who is required to answer the question in writing and submit it to all approved present Contractors. Questions may not be answered less than seventy-two (72) hours prior to the established bid submission date. Each contractor MUST attend this pre-bid conference held at the approved unit to be rehabilitated or inspect the house under the Applicant's supervision. Failure to do so will result in automatic rejection of his/her bid(s) for the unit(s). 3. Bid Submission and Award Recommendations: Bids will be submitted on the date and time established in the Notification to Bidders advertisement and awarded in compliance with the HAP requirements and the terms set forth in the NTB advertisements. Sealed bids will be opened at a public bid opening. The HRS will generally recommend that the contract be awarded to the lowest responsible bidder within plus or minus fifteen percent (15 %) of the cost estimate. Bidding procedures will adhere to County purchasing policy. Bids below the fifteen percent (15%) threshold will be reviewed and are not automatically disqualified. minus ten percent (10%) contingency will be assessed for all Section 3,_ id/or W/MBE firms at the bid opening to provide incentive, opportunity ar icourage the participation of such established business types in accorda th HUD requirements. All bid awards will be made available to the- irticipatina Contractors and homeowners. The PA reserves the right to reject any and all bids and to award in the best interest of the Applicant and the County. The Applicant must approve the bid award prior to signing contracts. No contractor will be allowed to have more than two (2) jobs per bid round , with a maximum award of three (3) jobs under construction at one time without consent of the PA unless: a. The anticipated date of commencement is after the scheduled and estimated date of completion of current jobs; or b. The contractor has demonstrated, through past performance, his/her ability to satisfactorily complete multiple contracts in a timely manner thereby causing no impact on project and program completions. This rule may be waived by the County Commission if it is determined that there is an inadequate pool of qualified bidders, if the other bids are excessive, or if other extenuating circumstances arise. 4. Contracts: Preparation of Contract Documents: The HRS or approved staff prepares Applicant homeowner/County and Applicant homeowner/contractor agreements and sets a time to meet with the Applicant homeowner and AttachmentO contractor to execute the documents and mark the start of construction. These agreements at a minimum should consist of the following: 1. Voluntary Participation and Final SOW Approval. 2. Final Income Certification and Affidavit. 3. Truth in Lending Statement. 4. Program Mortgage/DPL and Note. 5. Rehabilitation Agreement/Rehabilitation Contract. 6. Notice to Proceed. 7. Notice of Commencement. 8. Color/Style Selection Sheet. 9. Temporary Relocation Statement (where applicable). 10. Three (3) Day Recession Notification. Attachment9h 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: 9/28/2020 RE: Request by Seacoast Development, Inc., for Release of an Easement Located at 3755 9`h Street SW It is requested that the Board of County Commissioners formally consider the following information at its regular meeting of October 6, 2020. DESCRIPTION AND CONDITIONS The County has been petitioned by Seacoast Development, Inc., owner of a property located at 3755 9th Street SW, for release of a five (5) foot limited access easement. The purpose of the easement release is to allow for construction of access improvements to the property associated with proposed development of the property. ANALYSIS The request has been reviewed by the Indian River County Public Works Department, and the Indian River County Community Development Department. Based on these reviews, it is staff's position that the requested easement release would not adversely impact the subject property or any adjacent properties. RECOMMENDATION Staff recommends that the Board, through adoption of the proposed resolution, approve release of the limited access easement described in the resolution. Attachments: 1. Property Survey Depicting Easement Proposed for Release 2. Proposed County Resolution Releasing Easement ease.bccmemo proj./appl. no. 98020175/87968 oil i °�°4 fll 1 ►..a�aie.e�.4a,�i,;:,-„.�_� a � a��� g�g$ E 6 S °I 4 , -; .>�raid aSJsma n.aa.^'°�-_ @io. 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N a� RESOLUTION NO. 2020 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT LOCATED AT 3755 91h STREET SW WHEREAS, Indian River County has an interest in an easement located at 3755 9`h Street SW; and WHEREAS, Seacoast Development, Inc.; 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, 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): THE SOUTH FIVE (5) FEET OF INDIAN RIVER FARMS COMPANYSID PBS 2 - 25 SEC 27 TWP 33 RNG 39 TR 3 MORE PART DESC AS BEING THE E HALF OF THE N HALF OF THE W 20 AC OF TR 3 LESS CANAL ROW. 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 resolution duly 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 Deputy Clerk RESOLUTION NO. 2020 - APPROVED AS TO LEGAL FORM: County Attorney 93 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: September 25, 2020 THROUGH: Jason E. Brown, County Administrator FROM: Kristin Daniels, Director, Management & Budget SUBJECT: CARES Act Funding Agreement Amendment No. 1 DESCRIPTION AND CONDITIONS On July 7, 2020, the Board approved the first CARES Act Funding Agreement with the State of Florida, Division of Emergency Management (FDEM) which awarded Indian River County $6,976,333, or 25% of the total $27,905,330 allocation. FDEM has issued the CARES Act Funding Agreement Amendment No. 1 to address the remaining allocation of $20,928,997. Although not detailed in the amendment, FDEM is awarding an additional 20% advance which totals $5,581,066 for Indian River County. In order to access these funds, the County must execute the amendment, spend the entire first round of funding totaling $6,976,333, and present a spending plan to address the funds being requested, up to the 20% threshold of $5,581,066. Any funds requested beyond the second round of funding will be on a reimbursement basis only. Staff plans to submit the September 22, 2020 Board approved, round two spending plan for an additional $4,922,600 in funding after the first allocation of $6,976,333 has been exhausted. Any additional funds requested beyond the Board's approved spending plan will be brought forth on a subsequent agenda for approval. FUNDING Funding for the round two allocation will be appropriated via budget amendment to fund the additional $4,922,600 spending plan as approved by the Board on September 22, 2020. RECOMMENDATION Staff recommends that the Board authorize the Chairman to electronically sign the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENT Amendment No. 1 to IRC CARES Act Agreement 94 Cares Act Funding Agreement Amendment 1 CARES ACT FUNDING AGREEMENT Amendment No. 1 This Amendment to Agreement No. (the "Agreement") is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division, "FDEM," or "Recipient"), and Indian River County, (hereinafter referred to as the "County" or Recipient"). This Amendment Is hereby incorporated into the Agreement. All terms and conditions of the Agreement remain in full force and effect except as otherwise expressly set forth herein. The effective date of this Amendment is September 22,2020. THEREFORE, the Parties agree to amend the Agreement language as set forth: (18)PAYMENTS The State of. Florida, through the Division, will make disbursements, whether as a reimbursement or Advance from each County government's allocation as identified by the attached allotment schedule. Funding for Indian River County shall not exceed $27.905.330.00 IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their duly authorized representatives on the dates noted below. SUB -RECIPIENT: Indian River County By: Name and title: Date: FID# 596000674 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title Date 95 rX 1 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 28, 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# 2020057 — Interior Renovation of the Indian River County Building and Fire Departments BACKGROUND: On behalf of the Community Development Department, sealed bids were requested for the interior renovation of the Building and Fire Department areas of the Community Development office, including expansion into the former cafe. The customer service areas in the Building and Fire Prevention Divisions on the first floor of County Administration Building "A" are functionally obsolete with respect to adequately serving the needs of the development community and the public in Indian River County. These areas have been in need of additional work areas and stations for some time, as evidenced by long lines, crowded waiting areas, internal work flow impendences, circuitous routing of plans and permits, and other barriers to efficiency. The proposed renovation takes into account the work flow of the permitting process which the original design did not accomplish very well. The Building and Fire Prevention Divisions are also in need of reorganizing the operation and functions of their processes in order to prepare for moving forward into the electronic permitting age of conducting business and providing enhanced customer service. The County has recently undertaken a number of IT efficiency and security improvements and the current configuration lacks adequate IT infrastructure to accommodate these needs while also lacking sufficient space for information entry, download, and processing personnel and equipment. The proposed renovation also takes into account addressing many security, health, and safety deficiencies, the demand for which is increasing as was evidenced during the recent COVID-19 pandemic. O BID RESULTS: Advertising Date: August 23, 2020 Bid Opening Date: September 23, 2020 Broadcast to: 393 Vendors Bid Documents Downloaded by: 31 Vendors Replies: 4 Vendors Firm Location Bid Price Hedrick Brothers Construction Co., Inc. Melbourne $694,038.00 Barth Construction, Inc. Vero Beach $715,844.00 Bill Bryant & Associates, Inc. Vero Beach $768,848.52 HDAI Construction, Inc. Delray Beach DQ* HDAI Construction's bid was determined non-responsive as no Power of Attorney was submitted with their bid security. ANALYSIS: The Project Architect, Donadio and Associates, Architects, PA ("Donadio"), and the Building Official have reviewed the. bids received and determined Hedrick Brothers Construction Co., Inc. ("Hedrick") to be the lowest, responsive and responsible bidder. The Building Official contacted the municipal references provided by Hedrick and received highly favorable reviews. In addition to the bid renovation costs, additional expenditures are required for modular furnishings (both new and breakdown and relocation of existing). American Business Interiors ("ABI") is anticipated to provide these services, including new furnishings, under a State of Florida Alternate Contract. ABI was the original contractor for the furnishings when the Administration Buildings were constructed, and has continued to provide services as upgrades and moves have taken place. Their staff has taken detailed inventory of furnishings currently in the project areas to determine what can be reused to save costs. As the work will be completed in phases, storage for temporarily removed as well as new furniture must be provided. The department anticipates the rental of three storage containers will most appropriately facilitate this storage. ABI has provided a quote for budgetary purposes, which is not part of the State of Florida Contract. Finally, tie ins to the existing security and fiber systems were excluded from the bid and will need to be completed by vendors familiar with our specific systems. Completion of work under both of these systems will be coordinated thorough the Public Works Department, but funded from this project account. Due to the many divisions of the project, staff recommends the addition of a 10% contingency for these expenses to ensure full funding is available. Contingency will only be authorized by the Building Official after confirmation by the architect and the Public Works Director that additional work is necessary for successful completion of the project. 97 Item Bid / Estimate Total Budget (including 10% contingency) Construction - Hedrick Brothers Construction Co., Inc. $694,038 $763,442 Furnishings/Materials/Installation (ABI) $191,962 $211,158 Storage Container Rental $8,000 $8,800 Security $1,200 $1,320 Fiber $2,500 $2,750 Total $897,700 $987,470 SOURCE OF FUNDS: Funding for the renovation was approved in the FY 19/20 CIE in the amount of $1,000,000. Costs were to be split, with the Building Division funding 75% or $750,000 and Optional Sales Tax funding the remaining 25% or $250,000 in costs. The Optional Sales Tax allocation was intended to cover the portion of the renovation benefiting Community Development and Fire Prevention. However, the final renovation plans to do not include additional square footage for Community Development or Fire Prevention, but do include plans to redesign the space and improve the layout of office furniture to encourage better workflow. The amount of the project to be funded from Optional Sales Tax is $60,216 with the remaining $927,254 being charged to the Building Division. Funding for the additional Building Division costs totaling $177,254 will be derived from Building Division fund balance. Account Description Amount Optional Sales Tax/Facilities Management/Building Division Expansion $62,216 31522019-066510-20019 County Building Division/Building Division Expansion 441-169000-20019 $927,254 RECOMMENDATION: Staff recommends that the Board award bid 2020057 to Hedrick Brothers Construction Co., Inc. in the amount of $763,442, with all change orders to be presented to the Board prior to final payment. Staff also recommends the Board 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 and bond, and after the contractor has become registered with the Building Division. Attachment: Sample Agreement 98 SECTION 00520 - Agreement TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER........................................................................................................................2 ARTICLE 4 - CONTRACT TIMES......................................................................................................... 2 ARTICLE 5 - CONTRACT PRICE..........................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES............................................................................................. 3 ARTICLE 7 - INDEMNIFICATION........................................................................................................ 5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS..................................................................... 5 ARTICLE 9 - CONTRACT DOCUMENTS............................................................................................ 6 ARTICLE 10 - MISCELLANEOUS......................................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 99 SECTION 00520 - 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 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Complete interior renovation of the Building and Fire Department areas of the Community Development office, including expansion into the existing cafe area. Modifications to provide better function and flow, add working space, security and employee protection. Demolition, new walls, ceilings, finishes and mechanical, electrical and plumbing work. Project will need to be conducted in phases in order to keep the office functions running during regular business hours and will require night and weekend work to facilitate phasing and continuity of operations. ARTICLE 2 - THE PROJECT 2.01 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: Interior Renovation of the Indian River County Building and Fire Departments Bid Number: 2020057 Project Address: 1801 27t' Street, Vero Beach, FL 32960 ARTICLE 3 — ENGINEER 3.01 The Indian River County Building Official 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 completion of 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 100 A. The Work will be substantially completed on or before the 210th 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 14.07 of the General Conditions on or before the 240th 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 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 $1,148.00 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 thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, incorporated by reference. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ 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, 101 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 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 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; 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), 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. 6.04 Paragraphs 6.02 and 6.03 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. 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. 102 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, 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 carefully studied all: (1) reports 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 or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 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 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 F. 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. 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. 103 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: 1. This Agreement (pages 00520-1 to 520-9, inclusive); 2. Notice to Proceed; 3. Public Construction Bond; 4. Certificate(s) of Liability Insurance; 5. Contractor's Application for Payment; 6. Certificate of Substantial Completion; 7. Contractor's Final Certification of the Work; 8. General Conditions (pages 00700-1 to 00700-43, inclusive); 9. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 10. Specifications as listed in Division 1 (General Requirements), Division 2 (Technical Provisions), and Architectural Project Manual; 11. Drawings consisting of a cover sheet and sheets numbered A0.10 through P3.1, inclusive, with each sheet bearing the following general title: Indian River Administration Complex Alterations to Building "A" for Building and Fire Departments; 12. Addenda 1-4; 13. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 14. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 15. Bid Bond (page 00430-1); 16. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 17. List of Subcontractors (page 00458-1); 18. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 104 19. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 20. 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 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings 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 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 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 105 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 Pubiicrecords(&-!rcgov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 106 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 October 6, 2020 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). G]n1�:7� INDIAN RIVER COUNTY A Susan Adams, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Scott P. McAdam, CBO, MCP Title: Building Official 1801 27th Street Vero Beach, Florida 32960 (772) 226-1268 Facsimile: (772) 770-5333 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: .Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 107 INDIAN RIVER COUNTY, FLORIDA �rtV MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Dan Russell, Information Technology Director From: Manuel Cabo, Telecommunications Manager SUBJECT: Addendum to E911 PSAP Services Agreement between Indian River County (IRC) and AT&T DATE: September 20, 2020 BACKGROUND: On February 16, 2010, the IRC Board of County Commissioners approved a new contract service agreement with AT&T, for E911 PSAP (Public Safety Answering Point) services, among other AT&T services agreements, also approved on that date. On May 8th, 2018 this contract agreement was extended for two years. The agreement is now due to be amended / extended in order to maintain current AT&T pricing structures. IRC Telecommunications is submitting a proposed addendum to extend the existing AT&T E911 PSAP services contract, covering 911 ANI (Automatic Number Identification) services, and 911 ALI (Automatic Location Information) services. These AT&T services allow IRC 911 Call Centers to quickly identify the AT&T telephone number from which a 911 call is originating, as well as the street address where the AT&T telephone line is located. This allows emergency services to be dispatched to the correct address, in the event the caller cannot speak, or the 911 call is interrupted. ANALYSIS The new AT&T contract addendum extends these E911 services for a 12 month term, with an option for two additional one year renewals, at the discounted rate structure that is currently in place. The extension of this agreement maintains this discount and shields the County against Telecommunications services rate increases. AT&T is the only Telecommunications area service provider available that can provide the necessary services for the IRC PBX telephone systems, and for the new AT&T VoIP telephone systems, currently utilized by the County. FUNDING This AT&T services agreement extension will apply to all telephone lines in use by all offices under the Board of County Commissioners and all IRC Constitutional Offices; including the IRC Supervisor of Elections office, and the IRC Sheriff's office. There are a multitude of individual accounts that will be served through this agreement. The extension of this agreement will ensure that there will be no change to the existing pricing schedules. There is no cost associated with the extension of the AT&T E911 PSAP services agreements. 108 Page 2 BCC Agenda Item: Extension of 911 PSAP services agreement between Indian River Count (IRC) and AT&T September 20, 2020. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the AT&T E911 contract addendum, in order to maintain the current reduced pricing structure for AT&T E911 PSAP Service rates and authorize the Chairman to execute the addendum. ATTACHMENTS Contract Addendum for AT&T E911 PSAP Services, Case Number FL20-0234-02 DISTRIBUTION AT&T Business Solutions 109 AT&T MA Reference No. 139535ua CUSTOMER "Customer" AT&T "AT&T" Indian River County 911 For purposes of this Pricing Schedule, AT&T means the Service Street Address: 1800 27 St Provider specifically identified herein. City: Vero Beach State: FL Zip Code: 32960 - Billing Address Street Address: 1800 27 St City: Vero Beach State: FL Zip Code: 32960 - CUSTOMER Contact (for. Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Name: Darren Light Title: Telecommunications Manager Title: Application Sales Executive 3 Telephone: 772-226-1318 Fax: - Telephone: 407-455-1643 Fax: - - Email: mcabo@ircgov.com Email: dl4389@att.com Street Address: 1800 27 St Attention: Assistant Vice President City: Vero Beach Street Address: 2180 Lake Blvd., 7th Floor State: FL Zip Code: 32960- City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast att.com This Pricing Schedule Addendum ("Addendum") for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer requests that its identity be kept confidential and not be publicly disclosed by AT&T or by any regulatory commission, unless required by law. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County 911 ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6847-03. This Addendum is based upon the following terms and conditions as well as any Attachments) affixed and the appropriate lawfully filed and approved Guidebooks which are by this reference incorporated herein. 110 This Agreement signed by AT&T.first, is effective upon Customer signature provided that such fully signed Agreement is returned to AT&T not more than forty-five (45) days after AT&T's signature date. Any change made to this document renders the Agreement null and void, except for changes expressly authorized by the terms of this Agreement. Offer Expiration: This offer shall expire on: 12/3/2020. Customer (by its authorized representative) AT&T b its.authorized representative) B: B: Printed or Typed Name: Susan Adams Printed or Typed Name: Title: Chairman Title: Date: Date: 111 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA M Susan Adams, Chairman Approved by BCC, Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator 112 Service description: SERVICE: This Addendum extends the service period of the existing E911 Public Safety Answering Point (PSAP) equipment and software. TERM: This Addendum to Pricing Schedule FL09-6847-03 extends the service period for an additional twelve (12) months. Upon mutual agreement of the parties, this Pricing Schedule may be extended for two (2) additional one-year renewals. All terms and conditions of Pricing Schedule FL09-6847-03 apply to this Addendum unless modified herein. Upon mutual agreement of the parties, Customer may renew this Pricing Schedule to provide for an upgrade of the E911 equipment/service. An Upgrade is defined as a replacement of existing equipment to available newer technology at the time of the request. 113 Rate Elements 1 E911, Automatic Number ID Non -Recurring Monthly Rate USOC $.00 $47.00 9UK3X 2 E911, Auto Loc ID-Sel Routing $.00 3 E911 Automatic Number ID & $.00 Selective Routing 4 E911, Selective Routing Provided $.00 for/by Other Company 5 E911 Automatic Number ID, Location $.00 ID & Selective Routing 6 Combined Automatic Number, $.00 Location ID -Selective Routing $120.00 9UL3X $100.00 9UN3X $82.00 9UR3X $130.00 9US3X $100.00 E8Z 114 RATES AND CHARGES NOTES: The 'NOTES' Section of the 'RATES AND CHARGES' pages of the existing Pricing Schedule is replaced in its entirety with the following: 1. The Customer must subscribe to additional elements set forth in this Agreement within the first twelve (12) months of acceptance of the Agreement. The addition of elements after the initial twelve (12) month period will require a new Special Service Arrangement. 2. Rates and charges herein are in addition to any applicable tariff rates and charges. Rules and regulations of the General Subscriber Services Tariff apply. 3. This Agreement does not cover the following: - damages caused by disasters such as fire, flood, wind, lightning, or earthquake. - damages caused by unauthorized disconnects or de -powering of the equipment. - damages caused by power surges, under voltage, over voltage, brownouts, or ground faults caused by commercial AC power and/or Customer provided generators. - damages caused by modifications to the equipment, unauthorized attachments, alterations, modification or relocation of the equipment by an unauthorized person. - damage during shipment other than original shipment to the Customer. - damage caused by consumables or spilled liquids, impact with other objects. damage caused by any other abuse, misuse, mishandling, misapplication. damage caused by software viruses, however introduced. This Agreement does not include hardware or software replacement that may be required by the introduction of software viruses or lost data regardless of the cause. Company or its supporting vendors may assist in the repair or recovery efforts at current time and materials rates. Except as provided in Note 4 below, in addition, in the case of damage, loss, theft or destruction of the equipment or software not due to ordinary wear and tear, the Customer shall be required to pay the expense incurred by the Company in connection with the replacement of the equipment damaged, lost, stolen or destroyed or the expense incurred in restoring it to its original condition. 4. Hardware not provided by the Company will not be repaired, replaced or maintained by the Company even though interconnected or integral to the Service. All Customer -provided equipment must be clearly marked and listed on a separate worksheet. The Customer also agrees to obtain prior written approval from the Company before additional software is added to the Service and agrees to pay current time and material charges for problems attributable to non -approved software. 5. Customer acknowledges that software installation is limited to the applications sold under this or other AT&T agreements. 6. Customer acknowledges that it has reviewed the proposed configuration and represents storage sizing is adequate for the current site operations. Future operational changes or additional storage requirements may necessitate additional equipment which will be billable to the Customer. 115 7. SPECIAL TERMS AND CONDITIONS FOR PSAP — LAN CONFIGURATIONS OR INSTALLATIONS CUSTOMER WARRANTS TO AT&T AND ALL 911 EMERGENCY SERVICE USERS THAT THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER, OR PREVIOUSLY SUPPLIED BY AT&T, IS NOT CONNECTED AND WILL NOT BE CONNECTED TO ANY LOCAL AREA NETWORK ("LAN") OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CRIME INFORMATION CENTER NETWORK ("CIC") OR SIMILAR NETWORK; PROVIDED, HOWEVER, THAT CUSTOMER MAY CONNECT SAID EQUIPMENT AND/OR SERVICES TO THE CIC OR SIMILAR NETWORK IF AND ONLY IF SUCH CONNECTION IS EXPRESSLY APPROVED IN WRITING BY AT&T, WHICH APPROVAL SHALL BE IN AT&T'S SOLE DISCRETION. AT&T RELIES ON THIS REPRESENTATION BY CUSTOMER IN AGREEING TO INSTALL AND/OR MAINTAIN SAID EQUIPMENT AND ALL SERVICES THEREON. AT&T MAINTAINS A STRICT POLICY ("PSAP NETWORK SECURITY POLICY") THAT IT WILL INSTALL 911 EQUIPMENT ONLY IN A SECURE PSAP LAN, AND ONLY WHERE SUCH LANS ARE NOT CONNECTED TO ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL. AT&T WILL NOT INSTALL OR TERMINATE A PSAP LAN TO A FIREWALL. AT&T WILL IDENTIFY THE DEMARCATION POINT FOR THE PSAP LAN, BEYOND WHICH CUSTOMER AGREES THAT AT&T IS NOT RESPONSIBLE. IN THE EVENT CUSTOMER CONNECTS ITS PSAP LAN TO ANY OTHER COMPUTER NETWORK, CONTRARY TO AT&T'S EXPRESS PSAP NETWORK SECURITY POLICY (WHICH CUSTOMER ACKNOWLEDGES IT HAS RECEIVED AND READ), AND THE PSAP LAN IS INFECTED OR DAMAGED AS A RESULT OF SUCH ACTIONS, THEN ALL WARRANTIES, AND MAINTENANCE AND SERVICE PROVISIONS OF THIS AGREEMENT SHALL BE NULL AND VOID AND AT&T DISCLAIMS ANY LIABILITY WHATSOEVER RELATING TO ANY PSAP LAN WHICH CUSTOMER OR ITS AGENTS CONNECT TO ANY OTHER COMPUTER NETWORK CONTRARY TO THE PSAP NETWORK SECURITY POLICY. UNDER SUCH CIRCUMSTANCES, AT&T WILL PROVIDE REPAIR SERVICES FOR THE PSAP LAN AT CUSTOMER'S REQUEST, WHICH WILL BE BILLED ON A TIME AND MATERIALS BASIS AT AT&T'S THEN -PREVAILING SERVICES RATES. CUSTOMER FURTHER AGREES TO INDEMNIFY AND HOLD AT&T HARMLESS FOR ANY DAMAGES TO OR CLAIMS BY ANY THIRD PARTY AGAINST AT&T WHICH ARISE IN WHOLE OR IN PART FROM CUSTOMER'S CONNECTION OF THE 911 EQUIPMENT AND/OR SERVICES BEING PROVIDED HEREUNDER TO ANY LAN OR ANY OTHER COMPUTER NETWORK OUTSIDE OF AT&T'S CONTROL, INCLUDING WITHOUT LIMITATION THE NATIONAL CIC. 8. In the event that all or any part of this Agreement is terminated at the Customer's request prior to the expiration of the Agreement term, the Customer will be required to pay the applicable termination charge as stated in this Agreement. The Agreement provisions concerning termination liability shall be inapplicable to any state, county, parish, or municipal governmental entity when there is in effect, as a result of action by such entity and through a duly constituted legislative, administrative, or executive body: 1. a statute; 2. an ordinance; 3. a policy directive; or 4. a constitutional provision which restricts or prohibits an additional contractual payment for early termination of a contract by any such entity, or agency thereof, due to an unavailability of funding. When service is being provided and funding to the governmental entity for such service becomes unavailable, the governmental entity may cancel the service without additional payment obligation. Absent any official statute, ordinance, policy directive, or constitutional provision, the Customer shall be responsible for the termination charge. There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. All trademarks or service marks contained herein are the property of the respective owners. END OF ARRANGEMENT AGREEMENT OPTION 1 116 ?a. October 6, 2020 ITEM 8 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 25, 2020 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2020/2021 (October 1, 2020 through September 30, 2021) FROM: Kimberly Moirano, Commissioner's Assistant DESCRIPTION AND CONDITIONS: Presently, Commissioners sit on committees for which out of county travel may be required to attend assigned committee meetings (example: Treasure Coast Regional Planning Council). Additionally, Commissioners, County Officers, and Staff may need to attend legislative conferences, policy conferences, and meetings scheduled by Florida Association of Counties, National Association of Counties and local or regional legislative programs. There are also occasions when it is necessary for Commissioners, County Officers, and Staff to travel to Tallahassee or other locations in the State to meet with State Representatives, State Senators, and State Agencies such as the Department of Environmental Protection, Department of Transportations, and others. Commissioners, County Officers, and Staff may also need to travel out of County in relation to lobbying efforts for the County's various projects, grants, and legislative priorities or other proposed legislation. In addition, Commissioners, County Officers, and Staff may need to attend meetings or hearings related to All Aboard Florida/BrightlineNirgin Trains. FUNDING: Funding for this travel has been included in the Fiscal Year 2020/2021 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out of county for current and future assigned committee meetings; Florida Association of Counties, National Association of Counties, and local or regional legislative conferences or programs; approved lobbying efforts including travel to Tallahassee when necessary; and All Aboard Florida/BrightlineNirgin Trains meetings or hearings during the 2020/2021 Fiscal Year. 117 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM C)c+, / , dO a C) TO: Jason E. Brown, County Administrator CONSENT E FROM: Dan Russell, Information Technology Director SUBJECT: Extension to Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation Agreement between Indian River County (IRC) and Gerelcom, Inc. DATE: October 1, 2020 BACKGROUND: On October 1, 2017, the IRC Board of County Commissioners approved a new contract service agreement for Telecommunications Systems professional services including equipment, material, supplies, maintenance and installation services. The initial term of the contract was for one year beginning on October 1, 2017. The contract included a provision for (2) optional one-year extensions. The first extension option was exercised on October 1, 2018 and the second extension option was exercised on October 1, 2019. ANALYSIS Indian River County has issued a invitation to bid for a new Telecommunications Systems Equipment, Material, Supplies, Maintenance, and Installation contract and anticipates bring a new contract to the Board for approval in early November, 2020. In order to prevent a gap in services staff recommends a third limited extension to the original agreement at the same terms and pricing. The recommend term for this extension is October 1, 2020 through November 30, 2020. FUNDING The funding for work performed under this extension is included in the Telecommunications Division FY20/21 Budget under GL 50523420-33190. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the contract extension, in order to maintain the current pricing structure and avoid a gap in service. ATTACHMENTS Gerelcom, Inc. Contract Extension. DISTRIBUTION Gerelcom, Inc. C:\Users\tcournoyer\AppData\Local\Microsoft\Windows\I NetCache\Content.Outlook\R K7PG NZ4\Telecommunications Systems Agreement Extension - Gerelcom-10-01-20 - Staff Report.docx THIRD EXTENSION TO TELECOMMUNICATIONS SYSTEMS EQUIPMENT, MATERIAL, SUPPLIES, MAINTENANCE, AND INSTALLATION AGREEMENT BETWEEN INDIAN RIVER COUNTY AND GERELCOM, INC. THIS THIRD EXTENSION of the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement is entered into by and between Indian River County, a Political Subdivision of the State of Florida, (hereinafter called IRC) and Gerelcom, Inc., (hereinafter called CONTRACTOR). IRC and CONTRACTOR, (the Parties) agree as follows: RECITALS WHEREAS, on August 15, 2017, the Parties entered into the Telecommunication Systems Equipment, Material, Supplies, Maintenance and Installation Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for one year, beginning on October 1, 2017, and allowed for two one-year extensions; and WHEREAS, the First Extension to the Agreement was for one year, beginning on October 1, 2018, and expires on September 30, 2019; and WHEREAS, the Second Extension to the Agreement was for one year, beginning on October 1, 2019, and expired on September 30, 2020; and WHEREAS, the Parties desire to execute a Third Extension to the Agreement to prevent a gap in services. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the Parties agree as follows: The term of the agreement is extended at the same terms and pricing for the period of October 1, 2020 through November 30, 2020. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, IRC and CONTRACTOR have executed this Third Extension this _ day of , 2020. OWNER: CONTRACTOR: INDIAN RIVER COUNTY, FLORIDA, BOARD Gerelcom, Inc. OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Dylan Reingold, County Attorney By: Printed Name: Title: Witness: Approved: 0 (CORPORATE SEAL) Jason E. Brown, County Administrator 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: September 27, 2020 SUBJECT: Consideration to Adopt an Ordinance Amending County Code Chapter 308, Indian River County Local Housing Assistance Program, and to Adopt an Updated Resolution Regarding Affordable Housing Advisory Committee Membership (Legislative) It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of October 6, 2020. DESCRIPTION AND CONDITIONS During the 2020 Florida Legislative session the Florida Legislature approved and the Governor ultimately signed into law HB 1339 (Attachment 1) which modifies the directives/responsibilities and membership requirements of Affordable Housing Advisory Committees (AHAC) as listed in Florida Statutes Section 420.9076. Those modifications include the requirement that: 1. One local elected official for the jurisdiction with a State Housing Initiative Partnership (SHIP) program be on the AHAC. 2. The local elected official attend bi-annual regional workshops through the State Affordable Housing Catalyst Program. 3. The AHAC annually (instead of triennially) review local policies, procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. 4. The AHAC annually (instead of triennially) submit a report to the Board of County Commissioners and designated State Housing training provider that includes recommendations on the implementation of affordable housing incentives (See Attachment 1 for list of incentives). This agenda item addresses item one, three, and four above. 118 Chapter 308 of the Indian River County Code lists the membership requirements for the County's AHAC, as well as the roles and responsibilities of the AHAC. Under current County Code, one BCC member is required to serve as a non-voting liaison to the AHAC. Based on HB 1339 and recent interpretive guidance from the state, the BCC member can no longer be a non-voting liaison but must be a voting member of the AHAC (even if the liaison is an active participant at AHAC meetings). With respect to studying affordable housing and recommending specific actions in an annual report to the BCC, Chapter 308 also needs to be amended to change the timing of those activities from triennially to annually. Consistent with the state's directive, this staff report provides for BCC consideration proposed AHAC membership revisions, and AHAC reporting time frame revisions to County Code Chapter 308 (Attachment 2). This report also provides a proposed updated AHAC membership Resolution (Attachment 3). ANALYSIS As structured, both the proposed revisions to County Code Chapter 308 and the proposed AHAC resolution will modify the County's current AHAC membership size and composition to be consistent with recently amended state statute and will modify the time frame/period for the AHAC to analyze and prepare reports with affordable housing incentive recommendations for BCC consideration. AIIACMembership Requirements HB 1339 maintains the requirement that the Affordable Housing Advisory Committee must contain between eight and eleven members, and at least six of the members must be selected from housing, finance, business, citizen, and planning related categories (Attachment 1). HB 1339 did, however, impact the remaining five (5) members of the eleven (11) member board. Currently, Indian River County's AHAC membership includes the minimum six members selected from the state mandated categories plus one member from each of the five (5) towns and cities in the County. Combining the six (6) previously mandated categories with the County's five (5) city and town members gets the County's AHAC membership to eleven (11) members. To meet the new HB 1339 requirement to have one (1) BCC member on the AHAC requires the removal of one (1) city/town representative from the AHAC so as to not exceed the state mandated cap of eleven (11) AHAC members. To reduce the City/Town membership number on the AHAC, County staff coordinated with the Town of Orchid City Manager to see if the Town of Orchid due to its small size and relative lack of issues such as homelessness, would graciously agree to revise its status as a voting member to meet the new state mandate. After The Town Manager for the Town of Orchid agreed, an Ordinance was advertised for BCC consideration to include the proposed State mandated AHAC membership changes and State mandated changes to timing for analyzing affordable housing and preparing reports for BCC consideration. A membership resolution was also drafted for BCC consideration. In both documents, it is proposed that the Town of Orchid continue to participate in AHAC meetings as a non-voting member. If needed, Orchid can also serve as an alternate voting 119 member for the Town of Indian River Shores (2nd smallest town in the County) in the event its member cannot attend an AHAC meeting. Analyzing Local Laws and Regulations and Developing an Actionable Report HB 1339, changed the requirement of the AHAC from triennially to annually to review the county's established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The proposed ordinance amendment incorporates this change. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Take public comment at the public hearing; 2. Approve the proposed amendment to County Code Chapter 308 by adopting the attached ordinance; and 3. Adopt the proposed AHAC resolution. ATTACHMENTS 1) Portion of HB 1339, 2020 Florida Legislative Session 2) Proposed Ordinance Amending IRC Chapter 308 3) Proposed Resolution Revising Membership of the County's Affordable Housing Advisory Committee F:\Community Development\SHIP\AHAC\Resolutions and Ordinances\2020 Resolutionand Ordinance Revisions\BCC Agenda Item - HB 1339 and County Ordinance and Resolution Revision - October 6 2020 v2.docx 120 ENROLLED CS/CS/CS/HB 1339, Engrossed 3 2020 Legislature 16� section 420.9075, Florida Statutes, to read: 77' 420.9075 Local housing assistance plans; partnerships.— ?8i (10) Each county or eligible municipality shall submit to s 79' the corporation by September 15 of each year a report of its i 80- affordable housing programs and accomplishments through June 30 81' immediately preceding submittal of the report. The report shall 821 be certified as accurate and complete by the local government's 83, chief elected official or his or her designee. Transmittal of 84 the annual report by a county's or eligible municipality's chief 85i elected official, or his or her designee, certifies that the i 861 local housing incentive strategies, or, if applicable, the local 87' housing incentive pian, have been implemented or are in the 88' process of being implemented pursuant to the adopted schedule 89' for implementation. The report must include, but is not limited 90! to: 91; (;) The number of affordable housing applications 92submitted, the number approved, and the number denied. 931 Section 19. Subsections (2) and (4) of section 420.9076, t 94 Florida Statutes, are amended, and. subsection (10) is added to 951 that section, to read: 996 420.9076 Adoption of affordable housing incentive 997 strategies; committees. - 998 (2) The governing board of a county or municipality shall 999. appoint the members of the affordable housing advisory 1000 committee. Pursuant to the terms of any interlocal agreement, a Page 40 of 79 CODING: Words Gtkkea are deletions; words underlined are additions. 121 Attachment 1 ENROLLED CS/CS/CSMB 1339, Engrossed 3 2020 Legislature 1001 county and municipality may create and jointly appoint an 1002 advisory committee. The local action adopted pursuant to s. 1003 420.9072 which creates the advisory committee and appoints the 1004 advisory committee members must name at least 8 but not more 1005 than 11 committee members and specify their terms. Effective 106 October 1, 2020, the committee must consist of one locally 1 elected official from each county or municipality participating 1008 in the State Housing Initiatives Partnership Program and one 1009 representative from at least six of the categories below: 1010 (a) A citizen who is actively engaged in the residential 1011 home building industry in connection with affordable housing. 1012 (b) A citizen who is actively engaged in the banking or 1013. mortgage banking industry in connection with affordable housing. 1014 (c) A citizen who is a representative of those areas of 1015 labor actively engaged in home building in connection with 1016 affordable housing. 1017 (d) A citizen who is actively engaged as an advocate for 1018 low-income persons in connection with affordable housing. 1019 (e) A citizen .who is actively engaged as a for-profit 1020 provider of affordable housing. 1021 (f) A citizen who is actively engaged as a not-for-profit 1022 provider of affordable housing. 1023 (g) A citizen who is actively engaged as a real estate 1024 professional in connection with affordable housing. 1025 (.h) A citizen who actively serves on the local planning Page 41 of 79 CODING: Words stf+ElFen are deletions; words underlined are additions. 122 Attachment 1 ENROLLED CS/CS/CS/HB 1339, Engrossed 3 2020 Legislature 1026 agency pursuant to s. 163.3174. If the local planning agency is 1027comprised of the governing board of the county or municipality, 1028 the governing board may appoint a designee who is knowledgeable 1029 in the local.planning process. 1030 (i) A citizen who resides within the jurisdiction of the 1031 local governing body making the appointments. 1032 (j) A citizen who represents employers within the 1033 jurisdiction. 1034 (k) A citizen who represents essential services personnel, 1035 as defined in the local housing assistance plan. (4 ) Annually Tr-ien _ lmlry, the advisory committee shall 1037 review the established policies and procedures, ordinances, land 1038 development regulations, and .adopted local government 1039 comprehensive plan of the appointing local government and shall 1040 recommend specific actions or d nitiatives to encourage or 1041 facilitate affordable housing while protecting the ability of 1042 the property to appreciate in value. The recommendations may 1043 include the modification or repeal of existing policies, 1044 procedures, ordinances., regulations, or plan provisions; the 1045 creation of exceptions applicable to affordable housing; or the 1046 adoption of new policies, procedures, regulations, ordinances, 1047 or plan provisions, including recommendations to amend the local 1048 government comprehensive plan and corresponding regulations, 1049. ordinances, and other policies. At a minimum, each advisory committee shall submit an annual a report to the local governing .Page 42 of 79 CODING: Words epee are deletions; words underlined are additions. 123 Attachment 1 ENROLLED CS/CS/CS/HB 1339, Engrossed 3 2020 Legislature 1051 body and to the entity providing statewide training and technical assistance for the Affordable Housina Catalvst Proaram 1053 which t=I-ta�c- includes recommendations on, and'-icienn y 1054 thereafter evaluates the implementation of, affordable housing 1055 incentives in the following areas: 1056 (a) The processing of approvals of development orders or 1057 permits for affordable housing projects is expedited to a 1058 greater degree than other projects, as provided in s. 1059 163.3177 (6) (f) 3. 1 CNJ (b) All allowable fee waivers provided The fft_d_f-_a}-_n =f 1(Orl impaet —fee-requir-eftents, lne-lttetiffg reeluetl$ner wal-ifer of fees 1062 aR-alternative fftetheEisef fee payfftent for the development or 1063 construction of affordable housing. 1064 (c) The allowance of flexibility in densities for 1065 affordable housing. 1066 (d) The reservation of infrastructure capacity for housing 1067 for very -low-income persons, low-income persons, and.moderate- 1068 income persons. 1069 (e) T-halewanee-ef Affordable accessory residential 1070 units in resielential Eening -' stE ets 1071 (f) The reduction of parking and setback requirements for 1072 affordable housing. 1073 (g) The allowance of .flexible lot configurations, 1074 including zero -lot -line configurations for affordable housing. 1075 (h) The modification of street requirements for affordable Page 43 of 79 CODING: Words StFiskee are deletions; words underlined are additions. 124 Attachment 1 ENROLLED CS/CS/CS/HB 1339, Engrossed 3 2020 Legislature 107.6 housing. 1077 (i) The.establishment of a process by which a local 1078 government considers, before adoption, policies, procedures, 1079 ordinances, regulations, or plan provisions that increase the 1080 cost of housing. 1081 (j) The preparation of a printed inventory of locally 1082 owned public lands suitable for affordable housing. 1083 (k) The support of development near transportation hubs 1084 and major employment centers and mixed-use developments. 1085 1086 The advisory committee recommendations may also include other 1087 affordable housing incentives identified by the advisory 1088 committee. Local governments that receive the minimum allocation 1089 under the State Housing Initiatives Partnership Program shall 1090 perform an t -he initial review but may elect to not perform the 1091 annual review. 72 (10) The locally elected official serving on an advisory 3 committee, ora locally elected designee, must attend biannual 1094 regional workshops convened and administered under the 1095 Affordable Housing Catalyst Program as provided in s. 1096 420.531(2). If the locally elected official or a locally elected 1097 designee fails to attend three consecutive regional workshops, 1098 the corporation may withhold funds pending the person's 1099 attendance at the next regularly scheduled biannual meeting. 110-01 Sectim 20. Subsection (18) of section .553.791., Florida. Page 44 of 79 CODING: Words mea are deletions; words underlined are additions. 125 Attachment 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 308.07 (CREATION OF THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE) OF CHAPTER 308 (INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM) OF THE CODE OF INDIAN RIVER COUNTY, TO MODIFY THE DIRECTIVES/RESPONSIBILITIES AND MEMBERSHIP REQUIREMENTS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE TO BE CONSISTENT WITH RECENT STATE STATUTE MODIFICATIONS; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. WHEREAS, the Indian River County Board of County Commissioners adopted Chapter 308 of the Code of Ordinances of Indian River County on April 6, 1993, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, as part of the establishment of the County Local Housing Assistance Program, an Affordable Housing Advisory Committee was created that performed and completed tasks outlined in state statutes, and such Committee was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised section 420.9076, Florida Statutes, to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, the 2020 Florida Legislature, as part of HB 1339, revised section 420.9076, Florida Statutes, to change the requirement to prepare a report every three years, to prepare a report every year, that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, HB 1339 also modified Affordable Housing Advisory Committee membership requirements to require that the Committee include a member of the Board of County Commissioners; and WHEREAS, Chapter 308 must be updated or revised to be consistent with the amended state requirements, 126 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 308.07 (Creation of the Indian River County Affordable Housing Advisory Committee) of Chapter 308 (Indian River County Local Housing Assistance Program) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Section 308.07 (Creation of the Indian River County Affordable Housing Advisory Committee) of Chapter 308 (Indian River County Local Housing Assistance Program) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 308. — INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM Section. 308.07. — Creation of the Indian River County Affordable Housing Advisory Committee. (1) The Indian River County Affordable Housing Advisory Committee is hereby created and established pursuant to the requirements of F.S. § 420.9076(2). The members of the advisory committee shall be appointed by resolution of the board of county commissioners. (2) The resolution appointing the Indian River County Affordable Housing Advisory Committee shall define affordable housing as applicable to the county in a way that is consistent with the adopted local comprehensive plan. (3) The affordable housing advisory committee shall consist of eleven (11) voting members. Six (6) of those voting members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations and undertake other informal activities if duly noticed. (a) The Indian River County Board of County Commissioners shall appoint the six (6) voting members of the affordable housing advisory committee selected from 127 six (6) of the following eleven (11) categories in conformance with the following representational criteria: 1. One (1) citizen who is actively engaged in the residential building industry. 2. One (1) citizen who is actively engaged in the banking or mortgage industry. 3. One (1) citizen who is a representative of those areas of labor engaged in home building. 4. One (1) citizen who is designated as an advocate for low-income persons. 5. One (1) citizen who is actively engaged as a for-profit a provider of affordable housing. 6. One (1) citizen who is actively engaged as a not-for-profit provider of affordable housing. 7. One (1) citizen who is a real estate professional. 8. One (1) citizen who actively serves on the county's local planning agency (planning and zoning commission). 9. One (1) citizen who resides within the county. 10. One (1) citizen who represents employers within the county. 11. One (1) citizen who represents essential service personnel. (b) The City of Fellsmere, Gity of Sebastian, Town of Indian River Shores, Town efAFra#id, City of Sebastian and City of Vero Beach each shall appoint one member representative (members seven (7) - eleven (11) ten M0 ). The Town of Orchid shall appoint an alternate to serve as a member in the event the Town of Indian River Shores representative cannot attend an Affordable Housing Advisory Committee meeting, while able to participate in a non-voting capacity at regular meetings when the Town of Indian River Shores member is present. (c) The Indian River County Board of County Commissioners shall appoint one member of the Indian River County Board of County Commissioners as a -;on to the affordable housing advisory committee. (4) The following terms of membership shall apply to members of the committee: (a) Voting members shall serve for two-year terms and may be reappointed for subsequent terms. 128 (b) Non-voting members shall serve for one-year terms and may be reappointed for subsequent terms. (5) Meetings shall be held as needed. (6) The Indian River County Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in F.S. § 420.9076. Minutes of all meetings shall be kept. (7) The Indian River County Affordable Housing Advisory Committee shall annually elect a chairperson and a vice -chairperson, and such other offices as it deems necessary. (8) Staff, administrative and facility support for the Indian River County Affordable Housing Advisory Committee shall be provided by the board of county commissioners. (9) T"°� r.enniariT Annually, consistent with requirements of F.S. § 420.9076 and Rule A7-27 FAC the advisory committee shall review the county's established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. Section 3. Codification. It is the intention of the Board of County Commissioners that the provision of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of September, 2020, for a public hearing to be held on the 6th day of October, 2020, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: 129 Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this 6th day of October, 2020. ATTEST: Jeffrey R. Smith, Clerk and Comptroller 0 Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 0 Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of October, 2020. F:\Community Development\SHIP\AHAC\Resolutions and Ordinances\2020 Resolutionand Ordinance Revisions\Ordinance\Attachment 2 - Proposed Ordinance Amending Chapter 308 -October 2020 Revisions- 1 alternate for cities v2.docx 130 A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE INDIAN RIVER COUNTY AFFORDABLE HOUSING ADVISORY COMMITTEE MEMBERSHIP AND RESTATING ITS TASKS, POWERS, AND DUTIES WHEREAS, Indian River County adopted Ordinance No. 93 — 13, establishing the Indian River County Local Housing Assistance Program; and WHEREAS, Ordinance No. 93 - 13 was codified as Chapter 308 of the Indian River County Ordinance Code; and WHEREAS, an Affordable Housing Advisory Committee was appointed in May 18, 1993 to perform and complete the duties and functions set forth in Section 420.9076, Florida Statutes, and Section 308.07 of the Indian River County Ordinance Code; and WHEREAS, the 1993 Affordable Housing Advisory Committee performed and completed all tasks referenced above and was eventually dissolved on November 4, 2003; and WHEREAS, the 2007 Florida Legislature, as part of HB 1375, revised Section 420.9076 Florida Statutes to require all counties in the state to establish Affordable Housing Advisory Committees and to prepare a report every three years that reviews local established policies and procedures, ordinances, land development regulations and comprehensive plan and recommend specific actions or initiatives to encourage or facilitate affordable housing, while protecting the ability of the property to appreciate in value; and WHEREAS, on March 18, 2008, the Indian River County Board of County Commissioners adopted resolution 2008-038 establishing a new Affordable Housing Advisory Committee as directed by the state to fulfill the requirements of HB 1375; and WHEREAS, as part of resolution 2008-038, the Board of County Commissioners appointed a total of seventeen members to the Affordable Housing Advisory Committee, consisting of eleven voting members from categories outlined in state statute, five additional voting members consisting of a representative appointed by each of the towns and cities in the County, and one non-voting Board 131 of County Commissioners liaison; and WHEREAS, the Affordable Housing Advisory Committee created and approved the County's first Affordable Housing Advisory Committee Report on November 18, 2008, which was subsequently approved by the Board of County Commissioners on December 9, 2008 and submitted to the Florida Housing Finance Corporation; and WHEREAS, since approval of that report, three additional Affordable Housing Advisory Committee reports were prepared, recommended for approval by Affordable Housing Advisory Committee, approved by the Board of County Commissioners, and submitted to the Florida Housing Finance Corporation; one in 2011, one in 2014, and the other in 2017; and WHEREAS, the current Affordable Housing Advisory Committee has eleven members plus a Board of County Commissioners liaison; and WHEREAS, the 2020 Florida Legislature, as part of HB 1339, revised section 420.9076, Florida Statutes, to require the Affordable Housing Advisory Committee membership to include a member of the Board of County Commissioners; and WHEREAS, the state has advised that the Board of County Commissioner member must be a voting member of the Affordable Housing Advisory Committee and cannot be a liaison; and WHEREAS, adding the Board of County Commissioners member as a voting member to the County's currently established Affordable Housing Advisory Committee would place its membership at twelve (12), which is one (1) member more than the statutorily mandated cap of eleven (11) members; and WHEREAS, to meet the statutory cap of eleven (11) members, the Town of Orchid, which is the smallest town in the County, has graciously agreed to serve as an alternate for the Town of Indian River Shores when that member cannot attend, while able to participate in a non-voting capacity at regular meetings when the Town of Indian River Shores member is present; and WHEREAS, in all cases, the Town of Orchid alternate is welcome to attend Affordable 132 Housing Advisory Committee meetings and provide input. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Affordable Housing Advisory Committee voting membership shall be modified as identified in Exhibit "A" attached to this resolution, adding one (1) Board of County Commissioner as a member and removing the one (1) representative from the Town of Orchid. 2. Vacancies in membership shall be filled as noted in Exhibit "A". The foregoing resolution was offered by Commissioner and seconded by Commissioner , and, being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Tim Zorc, Commissioner Peter D. O'Bryan, Commissioner Bob Solari, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of 2020. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST BY: Jeffrey Smith, Clerk Of Circuit Court and Comptroller 133 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 134 EXHIBIT "A" Voting Members 1. A representative appointed by the City of Fellsmere 2. A representative appointed by the City of Vero Beach 3. A representative appointed by the City of Sebastian 4. A representative appointed by the Town of Indian River Shores* * A representative appointed by the Town of Orchid to serve as an alternate in the absence of the Town of Indian River Shores representative In addition to the four municipal representatives listed above, the Board of County Commissioners shall appoint one (1) member from the Board of County Commissioners and appoint/select six members from the list below (as required by Section 420.9076(2) Florida Statutes and County Policy). • A citizen who is actively engaged in the residential home building industry in connection with affordable housing. • A citizen who is actively engaged in the banking or mortgage industry in connection with affordable housing. • A citizen who is a representative of those areas of labor engaged in home building in connection with affordable housing. • A citizen who is actively engaged as an advocate for low-income persons in connection with affordable housing. • A citizen who is actively engaged as a for-profit provider of affordable housing. • A citizen who is actively engaged as a not-for-profit provider of affordable housing. • A citizen who is actively engaged as a real estate professional in connection with affordable housing. • A citizen who actively serves on the County's local planning agency (Planning and Zoning Commission) pursuant to Section 163.3147 Florida Statutes. • A citizen who resides within the county. 135 • A citizen who represents employers within the county. • A citizen who represents essential services personnel, as defined in the .Local Housing Assistance plan. F:\Community Development\SHIPUHAC\Resolutions and Ordinances\2020 Resolutionand Ordinance Revisions\Resolution\AHAC MEMBERSHIP RESOLUTION - 2020 Attachment 3.docx 136 Treasure Coast Newspapers PART OF THE USA TODAY NETWORK St Lucie News Tribune 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION INDIAN RIVER CO BD O F CTY COMM 1800 27 TH ST VERO BEACH, FL 32960-3833 STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned authority personally appeared, said legal clerk, who on oath says that he/she is a legal clerk of the St Lucie News Tribune, a daily newspaper published at Fort Pierce in Sl. Lucie County, Florida: that the attached copy of advertisement was published in the St Lucie News Tribune in the following issues below. Affiant further says that the said St Lucie News Tribune is a newspaper published in Fort Pierce in said St. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said St. Lucie County, Florida, daily and distributed in St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The St Lucie News Tribune has been entered as Periodical Matter at the Post Offices in Fort Pierce, St. Lucie County, Florida and has been for a period of one year next preceding the first publication of the attached copy of adverlisement. 09111/2020 Subscribed and sworn to before on September 22, 2020: Notary, State of WL County of Brown TAAA MONE)LOC1-i Notary F'Liblic "tate of Wisconsin My commission expires August 6, 2021 Publication Cost: $184.68 Ad No:0004371045 Customer No: 1310776 PO #! # of Affidavits- 1 NOTICE OF INTENT- PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, will conduct a Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 308.07 (CREATION OF THE INDIAN RIVER COUNTY AFFORDA- BLE HOUSING ADVISORY COMMITTEE) OF CHAPTER 308 (INDIAN RIVER COUNTY .LOCAL HOUSING ASSISTANCE PRO- GRAM) OF THE CODE OF INDIAN RIVER COUNTY, TO MODIFY THE DIRECTIVES/RESPONSIBILITIES AND MEMBERSHIP REQUIRE- MENTS OF THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE TO BE CONSISTENT WITH RECENT STATE STATUTE MODIFI- CATIONS; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE .DATE OF THE OR- DINANCE. The POblic Hearing will be held 4n Tuesday, October 6, 2020 at 9:05 a.rri:, or.as.soon thereafter as the mater .may be heard, in the County .Commission ;Chambers located on. the first floor,of Building A af,the •Countyy. Administration Cotnplek, 1801 271h Street ',Vero Beach,.Morida 32960, at which tiliielnferested par- ties may appear at the meeting and be heard with respect to the proposed ordinance. A copy of the proposed ordinance is available at the Planning Division office located at the'County. Administration Building; 1801 27th Street, hero Beads, Florida: The proposed ordinanEd may aiso' be inspected by the public during regular business hours (8 30:a m to '5;00 p.m., ,Monday through ,Friday) at the Office of the Clerk:. to the Board of'County 'Cornmimioners.Io: tated'oh the 2nd floor of 'Building A o_f the County' Administra= tive Complex, 1801 27th Street, Vero Beach, Florida: The pro- posed:ordinance may also be inspected at www.ircSiov.com. Anyone `who may wish to appeal any ileiision whitli may be made at this meeting will need to. ensure that a'Verbatim re- cord of the proceedings Is mattes which includes testimony and evlcl&ice upon which the appeal Is based; Anyone .who needs a special., accommgdation for this meeting must contact the:County's Americans with bisabilities ActCoor-, dinator av(772) 226.1223, a least'48 hours in`adyancc of the meeting. Indian River County Board of County Commissioners By: -s- Susan Adams, Chairman Publish: Sept. 20, 2020 TCN4371045 130-11 W- INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator FROM: Phil Matson, AICP Community Development Director DATE: September 28, 2020 SUBJECT: Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 6, 2020. BACKGROUND Over the past year, the Board of County Commissioners (BCC), the Agriculture Advisory Committee (AAC), and the Planning and Zoning Commission (PZC) have held public meetings and have considered four alternative proposals to amend County land development regulations (LDRs) to address accessory off-site landscaping services businesses in agricultural zoning districts. The four alternative LDR amendment proposals are summarized as follows: • Staff "1St Alternative" LDR Amendment (presented to the BCC on 6/18/19): further define off-site landscaping services and allow the use, subject to criteria (e.g., buffering, minimum parcel size, setbacks); uses meeting the definition and criteria not subject to permit approval. • Staff "2" Alternative" LDR Amendment (recommended by the AAC and PZC): define the use and establish criteria (similar to Staff "1 It Alternative") but require administrative permit site plan approval and PZC approval. • Hendrix Proposed LDR Amendment: make off-site landscaping services in agricultural zoning districts a "special exception" use, subject to specific criteria and public hearings before the PZC and BCC, with notice to surrounding property owners. • Simmons/Campbell Proposed LDR Amendment: eliminate the allowance of off-site accessory landscaping services in agricultural zoning districts (re: commercial use, not an agricultural use, more appropriate in commercial districts). At a public hearing on March 3, 2020, after public input and consideration of recommendations by the AAC and PZC, the Board voted to direct staff to draft an ordinance that prohibits lawn care businesses in agricultural zoning districts, while still allowing certain landscaping services protected under the Florida Right to Farm Act (Florida Statutes Section 823.14). [See 3/3/2020 BCC minutes, Attachment 1 to this report.] C:\Users\legistar\AppData\Local\Temp\BCL Technolo ies\eas PDF 8\ BCL E80EF54B\ BC1E80EF54B.doc 137 1 Staff has since drafted an ordinance reflecting the Board's direction and is now bringing it before the Board for approval consideration (see proposed ordinance, Attachment 2 to this report). Requirement of Two Advertised Public Hearings The proposed ordinance, if adopted, will change the list of permitted, conditional, or prohibited uses within agricultural zoning districts. In such cases where a proposed ordinance changes the list ofuses within a zoning category, Florida Statutes Section 125.66 requires that the Board hold two advertised public hearings, with at least one hearing held after 5 p.m. on a weekday, unless the Board, by a majority plus one vote, elects to conduct that hearing at another time of day. On April 7, 2020, the County opened the first of the two required advertised public hearings. In light of the ongoing COVID-19 pandemic, the BCC immediately adopted a motion to continue the Public Hearing on July 14th, 2020 (Attachment 4). On July 14, 2020, in light of continuing pandemic concerns, the BCC again adopted a motion to continue the Public Hearing to October 6, 2020 (Attachment 5). ANALYSIS Of the four alternative LDR amendments previously considered by the Board, the now -proposed ordinance most closely reflects the Simmons/Campbell proposal, which calls for the elimination of off-site landscaping services as a component of nurseries and greenhouses in agricultural zoning districts. A distinction between the now -proposed ordinance and the Simmons/Campbell proposal, however, is that the proposed ordinance more specifically prohibits commercial or residential lawn care services, while allowing landscaping services (not including lawn care) ancillary to bona fide wholesale nurseries and greenhouses to continue as protected under the Florida Right to Farm Act (F.S. Section 823.14; see Attachment 3). The Hendrix proposal and staff's "1 sl Alternative" and "2nd Alternative" proposals, previously considered by the Board, the AAC, and PZC, contain criteria (e.g., buffering, minimum parcel size, setbacks) that are not included in the current proposed ordinance. Notwithstanding, a main concern expressed at previous meetings is that lawn care, in particular, is not an agricultural activity, either as a principal use or as accessory to a bona fide farm operation. The now -proposed ordinance eliminates lawn care, either as a principal use or as an accessory use to agricultural operations in agricultural zoning districts.[Note: although not explicit in the proposed amendment, lawn care authorized under a valid home occupation permit, incidental to a residence and limited as such, would be not be prohibited under the proposal.] Grandfathering of Existing Legally Conforming Landscaping Services Uses As staff reported to the Board at the March 3, 2020 hearing, it is important to note that any LDR amendment would affect landscaping businesses with lawn care components "going forward" and would not eliminate existing off-site landscaping business in compliance with county regulations at the time of establishment. Such businesses (or certain aspects of the businesses) would become "legal nonconformities" as 'regulated under County LDR Chapter 904 (Nonconformities) and would be allowed to continue as "grandfathered" uses (but with certain limitations on expansion or increase in the nonconformity, with potential loss of grandfather status if discontinued for more than one year, as set forth in LDR Chapter 904). RECOMMENDATION It is anticipated that the County will acquire greater telecommunications capabilities in the near future that will enable more robust public participation at Commission public hearings through electronic means. Therefore, staff recommends that the Board of County Commissioners: . 138 C:\Users\legistar\AppData\Local\Temp\BCL Technolo es\eas PDF 8\ BC E80EF54B\ BCL E80EF54B.doc 2 1. Direct staff to make any changes necessary to the proposed ordinance (Attachment 2); and 2. By a vote of 4 or 5 members set the second, final adoption hearing for the regular BCC meeting of October 20, 2020 which is to begin at 9:00 AM. ATTACHMENTS 1. BCC 3/3/2020 Staff Report and Meeting Minutes 2. Proposed Ordinance. 3. Florida Right to Farm Act (F.S. 823.14) 4. BCC 4/7/2020 Meeting Minutes. 5. BCC 7/14/2020 Draft Meeting Minutes. 13 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E80EF54B\@BCL@E80EF54B.doe 3 3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Phil Matson, AICP Community Development Director FROM: Roland M. DeBlois, AICP Planning Director DATE: February 20, 2020 SUBJECT: Consideration of Alternative Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off-site Accessory Landscaping Services in Agricultural Zoning Districts It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of March 3, 2020. BACKGROUND In April 2018, Brian and Kelley Stolze, owners of Caribbean Lawn and Landscaping, Inc. ("Caribbean"), submitted a "Verification of Exemption Affidavit" to the County Building Division to construct a nonresidential agricultural building at 7120 3711' Street. The +10 acre subject property, owned by Caribbean, is zoned A-1, Agriculture District (up to 1 unit per 5 acres). The exemption affidavit is a form that Building staff requests applicants to fill out when claiming an agricultural exemption from needing a building permit. In the affidavit, the Stolzes described a proposed +8,000 square foot agricultural building as being for agricultural equipment storage and agricultural office space. As described in an attachment to the affidavit, the overall property was to be used as a nursery operation, with a container nursery; pesticide storage building; pole barn; mechanical shop; shade house; production beds; recycling pond; and office space (see affidavit, Attachment 1). The Stolzes also provided staff with a site plan sketch (Attachment 2). Ultimately, staff accepted the affidavit, under the premise that the building met the agricultural exemption criteria as accessory to a principal tree farm/nursery use being established on the property. In December 2018, code enforcement staff received a complaint that the Stolzes had completed construction of the +8,000 square foot agricultural building and were operating a commercial off-site lawn and landscaping business from the property, without there being a principal tree farm/nursery established on the site. Consequently, staff cited the Stolzes/Caribbean for operating an accessory landscaping service without an on- site principal agricultural use (i.e., tree farm/nursery). ote: the Stolzes eventually planted an on-site tree farm/nursery with an aerial extent greater than the area of the building and associated parking, and the code enforcement case was closed as of August 26, 2019.] On March 5, 2019, the Board of County Commissioners (BCC) heard a request to speak from Spencer Simmons.and Tim Campbell, who expressed concerns about Caribbean's operation. Mr. Simmons and Mr. Campbell, who each live on the segment of 371 Street where the business is located, indicated that they were 140 following the active code case (at that time) against Caribbean for establishing the accessory landscaping services business ahead of establishing a wholesale nursery on the site. Both expressed concerns about traffic, effects on neighborhood character and property values, and the precedent for future similar situations on other agriculturally zoned properties. At the March 5, 2019 BCC meeting, Board members acknowledged Right to Farm Act protections and the code enforcement process but also expressed concern that, under current procedures and code interpretation, a landscaping services business could "game the system" by minimally establishing a wholesale nursery in order to have an out -of -scale commercial business in an agricultural area. Ultimately, the Board acknowledged that the code enforcement case would proceed on its own track, and by consensus directed staff to research possible modifications to the .land development regulations (LDRs) to balance the needs of agriculture and commercial business in agricultural areas with respect to landscaping services operations (see BCC 3/5/19 minutes, Attachment 3). Staff ("1St Alternative") LDR Amendment On June 18, 2019, staff went back to the BCC with a proposed LDR amendment that would further define accessory off-site landscaping services and allow but limit the use subject to certain criteria (see staff report and draft ordinance, Attachment 4). Under the proposed amendment, an allowed accessory landscaping services use would: 1. Include installation and mowing/trimming maintenance services involving a broad range of landscape material, including grass (lawns), consistent with the code's existing Chapter 901 definition of "landscaping." 2. Not include pest control services. 3. Not include (and consequently, would not further regulate) services authorized and conducted in compliance with a home occupation permit. 4. Be associated with a legally established nursery. 5. Be located on an agriculturally zoned. site of at least 400,000 sq. ft.. (9.183 acres). 6. Be set back (total parking/driveway/building area) at least 50 ft. from property lines. 7. Be limited (total parking/driveway/building area) to no more than 50% of the nursery area located on site (total area under cultivation including outdoor cultivation,green houses, grow houses, shade houses, and similar structures). 8. Be visually screened (parking area) from adjacent properties and streets. 9. Not include or allow for burning, mulching, or dumping off-site debris on the nursery/ landscaping services site. At the June 18, 2019 BCC meeting, after discussion and input from staff and from members of the public, the BCC voted to direct the County's Agriculture Advisory Committee (AAC) to review staff's proposed draft ordinance, including all agricultural land conflicts and uses, and to offer its recommendations on the issue (see BCC 6/18/19 minutes, Attachment 5). The AAC has since considered the matter and has made recommendations (as later explained in this memorandum). 141 In addition to reviewing staff's recommended ordinance amendment, the AAC also reviewed two related LDR amendment applications to change regulation of accessory off-site landscaping services (the "Hendrix proposed LDR amendment" and the "Simmons/Campbell proposed LDR amendment"), as hereinafter described. Hendrix Proposed LDR Amendment Notwithstanding staff's proposed LDR amendment, in June 2019, Ken and Pamela Hendrix of 62201 st Street SW submitted an LDR amendment application to change the County's accessory off -.site landscaping services regulations for such uses in agricultural zoning districts (see Attachment 6). Mr. and Mrs. Hendrix reside (in the A-1 agricultural zoning district) next to Tropical Property Management, an off-site accessory landscaping services business at 6300 1 I Street SW, and have expressed concerns to county staff as to the compatibility of the use nearby to rural residences. Under the Hendrix proposed LDR amendment, off-site landscaping services would become a "special exception" use. Per County Code Section 971.05(2), special exception uses "are those types of uses that would not generally be appropriate throughout a particular zoning district. However, when special exception uses are carefully controlled as to number, area, location, and/or relationship to the vicinity, such uses would not adversely impact the public health, safety, comfort, good order, appearance, convenience, morals and general welfare and as such would be compatible with permitted uses within the particular zoning district." As such, special exception uses are not "a given," and are subject to a public hearing process before the PZC and BCC, with public notice of the hearings mailed to all property owners within 300 feet of the proposed use. Uses classified as special exceptions are subject to specific land use criteria contained in LDR Chapter 971. Under the Hendrix proposed LDR amendment, three criteria are proposed for off-site landscaping services: 1. Indoor facilities shall maintain a 50 foot setback from adjacent properties and 500 feet from the nearest residence, with outdoor improvements (parking, storage, roads, paths, and travel -ways a minimum of 50 feet from adjacent properties; conditions may be imposed to mitigate or attenuate noise impacts. 2. No on-site or off-site landscaping service facilities shall be located on an agriculturally zoned site that abuts a property on which a residence is located, other than a residence on the subject property, on an agriculturally designated property having a parcel size less than 400,000 square feet. 3. Off-site and on-site landscaping employees and personnel shall be supervised by management staff when on site and while entering and leaving the premises. In January 2020, Mr. Hendrix submitted an email and legal opinion letter from his attorney, Brian Stephens of Dean Mead, concerning the neighboring business (Tropical Property Management) and the County's ability and prerogative to regulate the business (see Attachment 6). In the legal opinion letter, Mr. Hendrix's attorney contends that the neighboring landscaping services business is not a bona fide farming operation and is not exempt from County regulation under the Florida Right to Farm Act (FRFA). Simmons/Campbell Proposed LDR Amendment In addition to staff's proposed LDR amendment and the Hendrix proposed amendment, in August 2019, Mr. Simmons and Mr. Campbell submitted an LDR amendment application relating to accessory off-site landscaping service businesses in agricultural zoning districts. Under the Simmons/Campbell proposed LDR amendment, the allowance of off-site accessory landscaping services under County Code Section 911.06(4)(d) would be eliminated, for reasons explained in the application (see Attachment 7). 142 AAC Review and Recommendations The AAC, at public meetings held on October 30, 2019 and December 11, 2019 (see meeting minutes, Attachment 8), reviewed staff's proposed draft LDR amendment presented to the BCC on June 18, 2019, as well as the Hendrix and Simmons/Campbell proposed LDR amendments, and recommended that the County adopted a "staff proposed alternative (2nd Alternative") LDR amendment," summarized as follows. Staff Proposed "2nd Alternative" LDR Amendment Different from the staff proposed," I It Alternative" LDR amendment presented to the Board of County Commissioners on June 18, 2019, the "2" d Alternative" staff proposed amendment (Attachment 10) makes off- site accessory landscaping services in agricultural zoning districts an Administrative Permit use, whereby such a use would now be subject to site plan approval. As recommended by the AAC, site plan approval would be subject to PZC approval (i.e., not staff -level approval). Under the alternative staff amendment, the following criteria would apply: 1. The off-site landscaping services must be accessory to a legally established wholesale nursery on agriculturally zoned property at least 400,000 square feet (9.18 acres) in size; 2. The total parking/driveway/building area associated with the landscaping services must be set back at least fifty (50) feet from all property lines and limited to less than fifty (50) percent of the nursery site area under cultivation; 3. The total parking/driveway/building area associated with the landscaping services use must be visually screened from adjacent properties and streets by means of a 6 foot opaque feature (such as a fence, wall, berm, preserved or planted vegetation, or combination thereof); and 4. No burning of material brought in from off-site, stockpiling of organic material, or dumping of debris brought in from off-site is allowed on the wholesale nursery/landscaping services site. Planning and Zoning Commission Recommendation At a public hearing on January 23, 2020, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board of County Commissioners adopt staff's proposed alternative ("2nd Alternative") LDR amendment, requiring that off-site accessory landscaping services in agricultural zoning districts be subject to certain criteria specified in the amendment and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC (see PZC minutes, Attachment 9). The Board of County Commissioners is now to consider the alternative Land Development Regulation (LDR) amendment proposals described herein and adopt, or adopt with modifications, one of the proposed alternative amendments (or deny all of the alternative amendments). ANALYSIS Staff s report (and attachments) considered by the BCC on June 18 (see Attachment 4) provides a detailed analysis and summary of` • Land use conflicts in agricultural areas, with county LDRs accommodating a wide and eclectic range of large and small scale agricultural uses, conditional uses, and low density "residential estate" uses historically and currently existing in agriculturally designated areas; 143 • State pre-emptions and protections of agricultural uses; • Current County regulation of landscaping services; • Regulation of landscaping services in agricultural districts in other counties; and • Existing landscaping services in Indian River County agricultural areas. For reasons explained in that staff report, staff drafted its proposed (1St Alternative") LDR amendment (presented to the BCC on June 18, 2019) to continue the allowance of accessory landscaping businesses in agricultural zoning districts, but with conditions and clarifications tied to a carefully defined term of "off-site accessory landscaping services." Under staff's "1St Alternative" approach, such a use would not be subject to the special exception public hearings process (the Hendrix amendment proposal) or eliminated completely in agricultural areas (the Simmons/Campbell amendment proposal), but would be allowed albeit with limitations to address off-site compatibility issues. The AAC supported staff alternative (2nd Alternative") LDR amendment contains criteria similar to the June 18 staff "I" Alternative" amendment, but would make the use subject to site plan review and PCZ approval as an Administrative Permit use. In drafting the proposed staff "2nd Alternative" LDR amendment (supported by the AAC), staff considered issues that the AAC directed staff to review. Following is a summary of staff s analysis of those issues. 50 Foot Setback for Driveways At the October 30, 2019 AAC meeting, it was pointed out that certain agriculturally zoned parcels with a "flag lot" configuration could not meet a 50 -foot setback requirement for a driveway. That is because on flag lots, the "flag pole' portion of the lot is standardly 60 feet wide for driveway access, which does not allow for a 50 foot driveway setback from a side property line. In reviewing this matter, staff found that flag lot configurations are most commonly associated with 5 -acre parcels in the A-1 (1 unit per 5 acres) agricultural district. Since staff's proposed amendment would only allow off-site accessory landscaping services on 400,000 square foot (9.18 acre) or larger parcels, the potential for conflict of a 50 -foot driveway setback requirement on a flag lot (common to 5 -acre parcels) is minimal. Given that flag lots over 5 acres are not common, and the daily coming and going of landscaping services vehicles on a driveways closer than 50 feet to a property line is a potential nuisance to an adjacent property, a 50 -foot setback is justified and should be a requirement, and as such is included in staff's alternative amendment proposal. Incidental Pesticide Use vs. Stand -Alone Pesticide Business To address the issue of distinguishing pesticide use incidental to a bona.fide nursery operation from a stand- alone off-site pesticide business, staff modified the proposed definition of "off-site accessory landscaping services" to indicate that such services do not include stand-alone pest control services (see Attachment 9). Similarly, staff also revised the off-site landscaping services definition to specify that stand-alone lawn mowing services are not included as well. Appropriateness of 50% Areal Coverage Threshold (Accessory Use vs. Principal Use) At the October 30 AAC meeting, concerned was expressed that an up to 50% areal coverage for an accessory use (i.e., for an off-site accessory landscaping service) is questionable as an appropriate scale for such a use. In reviewing this issue, staff notes that the current definition of accessory use in the County Code is as follows: `Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; 144 (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use." Under this definition, an accessory use is "subordinate in purpose, area and extent to the principal use..." Staff interprets this as requiring an accessory use to have an areal coverage "subordinate" to the principal use, which by definition must be less coverage (i.e., less than 50/50) in comparison to the principal use coverage. To address concerns that that ratio (up to/less than 50/50) is not an appropriate scale for an accessory landscaping service, staff drafted its alternative amendment to require that total parking/driveway/building area associated with the accessory landscaping services use be limited to less than 50% of the nursery site under cultivation. (Example: if 6 acres of a 10 -acre nursery site is under cultivation, the accessory landscaping services component could not exceed/must be less than 3 acres in areal coverage). Administrative Permit Use vs. Permitted Use As previously explained in this report, staff's proposed alternative ("2nd Alternative") amendment would make off-site accessory landscaping services in agricultural zoning districts an Administrative Permit use, subject to site plan approval with conditions as set forth in the proposed amendment. Per the AAC's recommendation, the Administrative Permit use would be subject to PZC approval (not just staff -level approval). Grandfathering of Existing Legally Conforming Landscaping Services Uses In considering the proposed LDR amendment alternatives relating to off-site accessory landscaping services in agricultural zoning districts, it is important to note that any LDR amendment would affect landscaping businesses "going forward" and would not eliminate existing off-site landscaping business in compliance with county regulations at the time of establishment. Such businesses (or certain aspects of the businesses) would become "legal nonconformities" as regulated under County LDR Chapter 904 (Nonconformities) and would be allowed to continue as "grandfathered" uses (but with certain limitations on expansion or increase in the nonconformity, with potential loss of grandfather status if discontinued for more than one year, as set forth in LDR Chapter 904). Also, by eliminating uses currently allowed or by changing the use classification, the County must take into consideration the protection of private property rights and potential loss of real property value without compensation, as protected under state law (i.e., under the Bert J. Harris, Jr., Private Property Rights Protection Act, F.S. 70.001). RECOMMENDATION Staff recommends that the Board of County Commissioners adopt staffs proposed alternative (2nd Alternative") LDR amendment, requiring that off --site accessory landscaping services in agricultural zoning districts be subject to certain criteria specified in the amendment and be subject to PZC approval as an Administrative Permit use, as recommended by the AAC and the PZC. ATTACHMENTS 1. Stolze/Caribbean Lawn and Landscaping Exemption Affidavit 2. Stolze/Caribbean site plan sketch 3. BCC 3/5/19 meeting minutes 4. Staff report for BCC 6/18/19 meeting (including attachments) 5. BCC 6/18/19 meeting minutes 6. Hendrix proposed LDR amendment (including attorney opinion letter) 145 7. Simmons/Campbell proposed LDR amendment 8. AAC meeting minutes (10/30/19 and 12/11/19 meetings) 9. PZC 1/23/2020 meeting minutes 10. Staff proposed alternative ("2nd Alternative") LDR amendment 146 Board of County Commissioners Meeting Minutes 4 March 3, 2020 There being no further speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to adopt Ordinance 2020-004, enacting Chapter 106 (Real Property Disposition Procedures) of the Code of Indian River County; Florida in order to establish alternative procedures for the Disposition of Real Property; and providing for codification, severability, repeal of conflicting provisions, and an effective date. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman:Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 10.A.2. Consideration of Alternative Land Development Regulation (LDR) Amendment Proposals to Define, Regulate and Establish Criteria for Off-site Accessory Landscaping Services in Agricultural Zoning Districts Director of Planning. Roland DeBlois utilized PowerPoint slides to present the proposed Land Development Regulation (LDR) Amendments related to off-site accessory landscaping services on agriculturally zoned (A-1) land. Background was presented, beginning with the March 5, 2019 Commission meeting wherein residents expressed concerns regarding Caribbean Lawn and Landscaping's business model, which they felt violated existing zoning regulations. The Board directed staff to reassess zoning requirements to better balance the needs of agriculture and commercial business. The issue returned at the June 18, 2019 Commission meeting, where staff presented a proposed LDR amendment (1st Alternative) defining allowable accessory services on A-1 zoned land; the Board. directed the Agriculture Advisory Committee (AAC) to review the proposal and return with recommendations. The presentation continued pursuant to AAC discussions. Director DeBlois then provided details of staff s:refined LDR proposal (2nd Alternative), which would allow off-site accessory landscaping businesses subject to certain criteria and approval by the Planning and Zoning Commission under an administrative permit review. Additionally, two publicly submitted LDR amendment proposals had been filed and were being presented for the Board's consideration: the Hendrix proposal suggested criteria for special exception use; the Simmons/Campbell proposal would eliminate off-site accessory landscaping services in A-1 zones. It was noted that any LDR amendment would apply to future businesses, and existing businesses would be grandfathered -in under LDR Chapter 904 regulations. During discussion, Commissioner O'Bryan expressed his concerns regarding staff s 2nd Alternative proposal and the attempt to quantify an accessory use business. Chairman Adams was disinclined to pass regulations that were too limiting to the mixed-use nature of A-1 zoned )and. Additional discussion Indian River County Florida 1 4PAge 5 Board of County Commissioners Meeting Minutes 4 March 3, 2020 continued between Commissioners and staff regarding the .LDR proposals, balanced regulations, and hypothetical scenarios. The Chairman opened the Public Hearing. The following people spoke before the Board: Ken Hendrix, 6220 1st Street SW; detailed his LDR proposal, though he now supported the Simmons/Campbell proposal. He provided historic information on the area to support his comments. John Terry, 37th Street, disagreed with the ruling that allowed this type of commercial business in an agricultural area, and supported the Simmons/Campbell amendment. The Chairman called a recess at 10:48 a.m., and reconvened the meeting at 10:55 a.m., with all Board members present. Spencer Simmons, 7350 37th Street, clarified his initial complaint to the Board. He presented his LDR proposal's rationale for eliminating off-site lawn mowing service businesses on agricultural land, and spoke against grandfathering existing businesses. Jodi Velde, 6300 1st Street SW, representing Tropical Property Management, informed that landscape debris was recognized as an agricultural product by the State of Florida. Tim Campbell,, 7330 37th Street, posited that commercial businesses were being established on agricultural land in order to pay less tax, and displayed supporting documents. Marilyn C. Ingram, 6985 37th Street, voiced concern that a precedent had been set, opening the door to future commercialization of the neighborhood. Amy Simmons, 7350 37th Street, expressed that the permitting process was flawed. There being no further speakers; the Chairman closed the Public. Hearing. Discussion resumed with Commissioners and staff providing input on the three Indian River County Florida 1 40ge 6 Board of County Commissioners Meeting Minutes 4 March 3, 2020 proposals to amend existing LDRs. County Attorney Dylan Reingold provided guidance on the LDR amendment process, grandfathering existing businesses, and freezing new businesses under the Pending Ordinance Doctrine. A motion was made by. Commissioner Solari, seconded by Vice Chairman Flescher, to deny staff's 2nd Alternative Ordinance amendment's presented to the Board. Additionally; the Board requested that staff return with a new Ordinance which included language eliminating'off-site commercial landscaping businesses, particularly entailing lawn maintenance, from operating on agricultuiallyzoned landi while grandfathering existing businesses. The motion carried by the following vote: Aye: 4 - Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari Nay: 1- Chairman Adams The Chairman called a recess at 11:49 a.m., and reconvened the meeting at 11:55 a.m., with all Board members present. 10.A.3. Public Hearing for the Citrus Hideaway Subdivision Water Assessment Project, Resolution 1III.(Legislative) Director of Utility Services Vmcent Bi rke utilized a PowerPoint presentation to recap the events that led to the final Public Hearing for the Citrus Hideaway Subdivision Water Assessment Project. His presentation continued with a proposed"timeline, funding sources, and a request for a utility easement. The Chairman opened the Public Hearing. There being no speakers, the Chairman closed. -the Public Hearing. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve: 1) Resolution 2020-022, confirming the Special Assessments in connection with a water main extension from CR -510 along 75th Court to owners of certain properties, within Citrus Hideaway Subdivision and property abutting 75th Court, located within unincorporated Indian River County, Florida; and providing for Special Assessment Liens to be made of record; and 2) Resolution 2020-023, formally accepting an easement for utility purposes only, over, across and under the 60 -foot private road right-of-way of 75th Court, located in unincorporated Indian River County, Florida. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari B. PUBLIC DISCUSSION ITEMS 10.13.1. Request to Speak from Railside LLC: Illegal dumping of Indian River County Indian River County Florida 1ge 7 ID'A.z. ORDINANCE 2020- AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); AMENDING SECTION 911.06(4), AGRICULTURAL AND RURAL DISTRICT USES, OF CHAPTER 911, ZONING, BY PROHIBITING COMMERCIAL OR RESIDENTIAL LAWN CARE SERVICES BUSINESSES IN AGRICULTURAL DISTRICTS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 911, ZONING, BE AMENDED AS FOLLOWS: SECTION #1: Amend the "Agricultural Uses" .portion of the use table from LDR Section 911.06(4), to read as follows: II District Uses A-1 A-2 A-3 RFD RS -1 Agricultural General farming P P P - - Dairy farming A A A - - Livestock and poultry raising P P P - - Stables (noncommercial) P P P A A Stable (commercial) P P P - - Sludge spreading A A . A - - Tree farms P P P - - Kennel and animal boarding places Commercial A A A - - NoncommercialP P P P A Fruit and vegetable juice extractions and packing houses A A A - - Small animal specialty farms A A A - - Tenant dwelling S S S - - Residential migrant housing facility S S S Nursery and greenhouses Noncommercial P P P A A Commercial wholesale nurseries and greenhouses, including cultivation, wholesaling, ancillary retail and landscaping services P P P - - that are a part of farm operations as protected under Florida Statutes Section 823.14; does not include or allow commercial or residential lawn care services ^,Riva.,^. whelesa4ing and eff site 1.,.,.1s...,..in setwiees allowed; ., ,ford s les allowed E. _s4ol Bold Underline: Additions to Ordinance1 c'- Deleted Text from Existing Ordinance 1 ` R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020-_ Off-site Landscape Sery in Ag for BCC 4-7-2020.doc ORDINANCE 2020 - Agricultural businesses, excluding wholesaling and processing S I S I S - - Agricultural industries S S S - - Fish farms and water dependent plant and/or animal production A A A - - Agricultural research facilities A A A - - Aquaculture A A A A A Fruit spreading (subject to subsection 917.06(15)) P P Editor's note: all other portions of the LDR Section 911.06(4) use table to remain as is, unamended. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of this Ordinance may be re -numbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of I , 2020, for a public hearing to be held on the day of , 2020, and on the day of , 2020 for a second public hearing to be held on the day of , 2020, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc Commissioner Peter D. O'Bryan Bold Underline: Additions to Ordinance 2 StFike t4eugh, Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020-_ Off-site Landscape Sery in Ag for BCC 4-7-2020.doc ' �� ORDINANCE 2020 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2020. Susan Adams, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller M. Deputy Clerk This ordinance was fled with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phil Matson, AICP; Community Development Director Bold Underline: Additions to Ordinance 3 c._.jEe thf ...gh. Deleted Text from Existing Ordinance R:\LDRs\Accessory off-site landscaping in Ag\Revised Ord 2020-_ Off-site Landscape Sery in Ag for BCC 4-7-2020.doc 152- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY - The Chairman there upon declared the ordinance duly passed and adopted this day of 2020. I Susan Adams; Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phil Matson, AICP; Community Development Director 153 9/29/2020 Chapter 823 Section 14 - 2011 Florida Statutes - The Florida Senate The Florida Senate 2011 Florida Statutes Title XLUI:Chapter 823 SECTION 14 CRIMES PUBLIC NUISANCES Florida Right to Farm Act. •: Entire Chapter 823.14 Florida Right to Farm Act.— (1) SHORT TITLE.—This section shall be known and maybe cited as the "Florida Right to Farm Act." (2) LEGISLATIVE FINDINGS AND PURPOSE.—The Legislature finds that agricultural production is a major contributor to the economy of the state; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of agricultural activities preserves the landscape and environmental resources of the state, contributes to the increase of tourism, and furthers the economic self-sufficiency of the people of the state; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the state. The Legislature further finds that agricultural activities conducted on farm land in urbanizing areas are potentially subject to lawsuits based on the theory of nuisance and that these suits encourage and even force the premature removal of the farm land from agricultural use. It is the purpose of this act to protect reasonable agricultural activities conducted on farm land from nuisance suits. (3) DEFINITIONS.—As used in this section: (a) "Farm" means the land, buildings, support facilities, machinery, and other appurtenances used in the production of farm or aquaculture products. (b) "Farm operation" means all conditions or activities by the owner, lessee, agent, independent contractor, and supplier which occur on a farm in connection with the production of farm products and includes, but is not limited to, the marketing of produce at roadside stands or farm markets; the operation of machinery and irrigation pumps; the generation of noise, odors, dust, and fumes; ground or aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and the employment and use of labor. (c) "Farm product" means any plant, as defined ins. 581.011, or animal useful to humans and includes, but is not limited to, any product derived therefrom. (d) "Established date of operation" means the date the farm operation commenced. If the farm operation is subsequently expanded within the original boundaries of the farm land, the established date of operation of the expansion shall also be considered as the date the original farm operation commenced. If the land boundaries of the farm are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent established date of operation. The expanded operation shall not divest the farm operation of a previous established date of operation. (4) FARM OPERATION NOT TO BE OR BECOME A NUISANCE.— (a) No farm operation which has been in operation for 1 year or more since its established date of operation and which was not a nuisance at the time of its established date of operation shall be a public or private nuisance if the farm operation conforms to generally accepted agricultural and management practices, except that the following conditions shall constitute evidence of a nuisance: 1. The presence of untreated or improperly treated human waste, garbage, offal, dead animals, dangerous waste materials, or gases which are harmful to human or animal life. 2. The presence of improperly built or improperly maintained septic tanks, water closets, or privies. 3. The keeping of diseased animals which are dangerous to human health, unless such animals are kept in accordance with a current state or federal disease control program. 4. The presence of unsanitary places where animals are slaughtered, which may give rise to diseases which are harmful to human or animal life. (b) No farm operation shall become a public or private nuisance as a result of a change in ownership, a change in the type of farm product being produced, a change in conditions in or around the locality of the farm, or a chanJ54 https://www.fisenate.gov/laws/statutes/2011/823.14 1/2 9/29/2020 Chapter 823 Section 14 - 2011 Florida Statutes - The Florida Senate brought about to comply with Best Management Practices adopted by local, state, or federal agencies if such farm has been in operation for 1 year or more since its established date of operation and if it was not a nuisance at the time of its established date of operation. (5) WHEN EXPANSION OF OPERATION NOT PERMITTED.—This act shall not be construed to permit an existing farm operation to change to a more excessive farm operation with regard to noise, odor, dust, or fumes where the existing farm operation is adjacent to an established homestead or business on March 15, 1982. (6) LIMITATION ON DUPLICATION OF GOVERNMENT REGULATION.—It is the intent of the Legislature to eliminate duplication of regulatory authority over farm operations as expressed in this subsection. Except as otherwise provided for in this section and s. 487.051(2), and notwithstanding any other provision of law, a local government may not adopt any ordinance, regulation, rule, or policy to prohibit, restrict, regulate, or otherwise limit an activity of a bona fide farm operation on land classified as agricultural land pursuant to s. 193.461, where such activity is regulated through implemented best management practices or interim measures developed by the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or water management districts and adopted under chapter 120 as part of a statewide or regional program. When an activity of a farm operation takes place within a wellfield protection area as defined in any wellfield protection ordinance adopted by a local government, and the adopted best management practice or interim measure does not specifically address wellfield protection, a local government may regulate that activity pursuant to such ordinance. This subsection does not limit the powers and duties provided for in s. 373.4592 or limit the powers and duties of any local government to address an emergency as provided for in chapter 252. History.—s. 1, ch. 79-61; ss. 1, 2, ch. 82-24; s. 9, ch. 87-367; s. 75, ch. 93-206; s. 1279, ch. 97-102; s. 25, ch. 99-391; s. 39, ch. 2000-308. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2020 State of Florida. 155 https://www.fisenate.gov/laws/statutes/2011/823.14 2/2 Board of County Commissioners Meeting Minutes April 7, 2020 10.A.3. Public Hearing: Modification to County Code Sections 201.64 and 201.65 (Legislative) Vincent Burke, :Director of Utility Services, provided the rationale for the request to prohibit discharge of hazardous waste pharmaceuticals from healthcare facilities and reverse distributors. Chairman Adams opened the Public Hearing. There being no comments or discussion, the Chairman closed the Public Hearing. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to: 1) Approve staffs recommendation, and 2) Adopt Ordinance 2020-006, amending Sections 201.64 (Definitions; construction and interpretation) and 201.65 (Prohibited discharge standards) of Part III (the Indian River County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County Water and Sewer Services) of the Code of Indian River County, Florida establishing the prohibition of the discharge of hazardous waste pharmaceuticals from healthcare facilities and reverse distributors; and providing for codification, severability, repeal of conflicting provisions, and an effective date. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1 - Commissioner Solari 10.A.4. Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) County Attorney Dylan Reingold recommended postponing the Public Hearing for at least two weeks due to social distancing constraints. Chairman Adams opened the Public Hearing. Commissioner O'Bryan suggested a later date of July 14, 2020 to allow for any unforeseen extension of the restrictions. County Administrator Jason Brown agreed, noting that there were many people interesting in appearing to speak on this matter. There being no further comments, the Chairman noted that the Public Hearing would remain open until the July 14th continuation. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to continue the Public Hearing on July 14, 2020. The motion carried by the following vote: Aye: 4- Chairman Adams; Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1 - Commissioner Solari Indian River County Florida 1 56ge 8 Board of County Commissioners Meeting Minutes - Draft July 14, 2020 A. PUBLIC HEARINGS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 20-1602 Consideration of Amendment to Land Development Regulations Changing the List of Uses in Agricultural Zoning Districts to Prohibit Commercial or Residential Lawn Care Services (first of two required public hearings) LEGISLATIVE. Recommended Action: Staff recommends that the Board of County Commissioners: 1. Open and continue the public hearing on the proposed ordinance until August 18th, 2020 (Attachment 2); and 2. Authorize staff, when timely, to advertise a second public hearing on the matter. Attachments: Staff Report BCC 3/3/2020 Meetinq Minutes Proposed Ordinance Florida Right to Farm Act F.S. 823.14 BCC 4/7/2020 Meeting Minutes County Administrator Jason Brown provided the previous dates this item had been presented to the Board, and he requested the Board open and continue the first of two required public hearings until August 18, 2020, due to the COVID-19 pandemic. Chairman Adams confirmed with Community Development Director Phil Matson that the interested parties had been notified of staffs recommendation to continue the first public hearing. Commissioner O'Bryan suggested continuing the public hearing until October 6, 2020 due to his feeling that COVID-19 would still be a factor within the community in mid-August. Administrator Brown agreed with the date change, and he noted that the pending ordinance would remain in place until a new ordinance was adopted. Chairman Adams opened the public hearing. Charles Kennon Hendrix, 6220 1 st Street SW, was not in favor of continuing the public hearing. Brett Paul, 7080 57th Street, spoke in support of continuing the public hearing. Director Matson was appreciative of the residents who were present, and he reiterated that all involved parties had been notified of staffs intent to continue the first public hearing. 157 Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Draft July 14, 2020 There being no further discussion, Chairman Adams continued the public hearing. A motion was made by Commissioner O'Bryan, seconded by Commissioner •„ ,...,—.- ..,fp- .e,.........,,..a ,.:,......:.ti �., .,....,.,w...,,....:,at the first public arried by the Commissioner 158 Page 2 10/06/2020 10.A.2. Background ►55.1 r r Background ►55.1 10/06/2020 10.A.2. SUMMARY OF FOUR ALTERNATIVE PROPOSALS - March 3, 2020` BCC Hearing 10/06/2020 10.A.2. .. ........... New Proposed Ordinance Amendment::::::.:::..:.:.::.:::.::::.:... District Nursery and greenhouses Noncommercial xy, A Commercial wholesale nurseries and greenhouses, includinq cultivation, wholesaling ancillary retail And landscaping services that are a part ot farm .operations as protected under Florida Statutes 'O Section 823.14: does not include or allow commercial or residential lawn care services nfl-citiz IcInd -AGuitivation, wholesaling, and sf -A 9PMt.--s Q-lln-Wed; nG Fetail sa-les 011AIMOCI J -64e) 3 10/06/2020 10.A.2. } RECOMMENDATION , ;d �tvER Office of the INDIAN RIVER COUNTY *�tORI OP 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: September 25, 2020 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2021 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2021. Staff requests direction from the Board. 159 January 5, 2021 January 12, 2021 January 19, 2021 February 2, 2021 February 9, 2021 February 16, 2021 March 2; 2021 March 9, 2021 March 16, 2021 April 6, 2021 April 13, 2021 April 20, 2021 May 4, 2021 `\ May ll,, -2021 May i,8, 2021 l S, June 8, 2 24` June 15, 202,1 /n June 22, 2021 July 6, 2021¢ July 13; 2021\ � Augu!�1.7, 20211 _-;\Septeml'er_14,_2024 Sep et mbe 2r 1, 2021 r Oct ber 5, 2021 October 12, 2021 October 19, 2021 November 2, 2021 November 9, 2021 November 16, 2021 December 7., 2021 December 14, 2021 160 aiff 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: September 27, 2020 RE: Consideration of Amendment 1 to Coronavirus Relief Fund (CRF) Agreement with Florida Housing Finance Corporation (FHFC) It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of October 6, 2020. BACKGROUND On August 18, 2020, the BCC approved an agreement with the Florida Housing Finance Corporation (FHFC) for the County to receive $572,301 from the Coronavirus Relief Fund (CRF); part of the Coronavirus Aid, Relief, and Economic Securities Act (CARES Act). The CRF funds are limited to certain housing assistance activities for COVID-19 impacted households. In Indian River County the CRF is being used to provide up to $1,500 in assistance per month for up to 3 months to homeowners and renters to pay past due mortgage/rent, insurance and taxes for delinquent mortgages, and late fees and charges for the past due mortgages/rent (maximum assistance per household is $4,500 ($1,500 x 3)). Only the amount necessary per month, up to $1,500 per month may be provided to a household. With the CRF program, homeowners and renters apply to the County for assistance through a web - based application portal. Staff reviews the application(s) to determine if they meet various qualification requirements; including but not limited to loss of income due to COVID-19, household income cannot exceed 80% of Area Median Income, and households cannot have received assistance from other agencies/programs/sources for the same assistance they apply to the county for. If an applicant and his/her application is ultimately determined to be qualified, the county then issues a payment to the mortgage provider (lender/bank) or landlord on behalf of the tenant/homeowner. The program requires various forms and documentation from both the applicants and the lenders/landlords to ensure compliance with program rules and to establish conditions under which the award(s) is/are made. Those forms must be reviewed for accuracy and staff must coordinate with 161 both the applicant and the lenders/landlords for corrections. The County has pulled in existing staff to assist with the program and recently hired and is hiring local/area staff through temp employment agencies. Staff time is being paid for by utilizing up to 10% of the overall grant funds allocated by FHFC. Recently, the Florida Housing Finance Corporation announced a proposed second round allocation for communities through the CRF. To formalize the allocation and acceptance of the allocations, the state sent out proposed grant agreement amendments for review and approval. For Indian River County, the second round allocation is $300,919. A copy of the proposed grant agreement amendment is attached. At this time, it is requested that the BCC review and consider the proposed First Amendment to the agreement with the state. ANALYSIS First Amendment to Agreement with FHFC The proposed First Amendment to the grant agreement with the FHFC would increase the County's total allocation to $873,220 ($572,301 original allocation + $300,919 proposed second allocation). Consistent with CARES Act requirements, both allocations from the state must be spent by no later than December 30, 2020. Out of the total $873,220 in CRFs, up to 10% of actual funds spent (maximum of $87,322) may be utilized to cover grant administration expenses. Spending the maximum of 10% on grant administration would leave $785,898 available for renters/homeowners. If every applicant household were to be awarded the County's maximum housing assistance award of $4,500 ($1,500 per month x 3 months), the County could assist approximately 175 households. With the quick time frame in which this new program was developed, the state has found that there is a need to also amend the County's agreement to incorporate rules and revisions that are being made through technical bulletins issued and posted to the Florida Housing website. As stated in the proposed amendment, the technical bulletins are used to clarify, discuss, interpret, and provide guidance for contract administration issues related to the grant agreement. One of those technical bulletins were issued to provide guidance on alternative methods of advertising the program. The proposed amendment also makes reference to the possibility of additional funding from the state provided satisfactory progress is made with spending the first and second round allocations. Potential additional funding beyond the second round of funding was not referenced in the County's original grant agreement. Should the State allocate additional funding, it is anticipated that a second amendment to the grant agreement will be needed. FUNDING The proposed program will be funded through the grant agreement with the FHFC. No additional funding is proposed. 162 ALTERNATIVES With respect to the proposed First Amendment to the FHFC Agreement, the Board of County Commissioners has two alternatives. These are: 1. To approve the amendment to the agreement as proposed; and 2. To reject the. proposed amendment to the agreement. Staff supports alternative 1. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the First Amendment to the CRF Agreement with the FHFC. ATTACHMENTS l.) First Amendment to the Coronavirus Relief Fund (CRF) Agreement with Florida Housing Finance Corporation F:\Community Development\COVID-19\CRF\bcc agenda item - CRF SHIP Agreement Amendment.doc 163 FIRST AMENDMENT TO AGREEMENT NUMBER 064-2020 THIS FIRST AMENDMENT ("Amendment") to AGREEMENT NUMBER 064- 2020 is entered into and effective as of October 1, 2020, ("Effective Date") by and between FLORIDA HOUSING FINANCE CORPORATION, a public corporation and a public body corporate. and politic ("Florida Housing"), and INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ("Subrecipient"). RECITALS A. Florida Housing and Subrecipient entered into Contract Number 064-2020, dated August 21, 2020, ("Contract") wherein Subrecipient agreed to participate in the Coronavirus Relief Fund Program. As used herein, "Agreement" shall include within its meaning any modification or amendment to the Agreement. B. The term of the Contract began on August 21, 2020 and ends March 31, 2021. C. Section C.2. of the Agreement provides for a potential second disbursement of funds on or before October 1, 2020 for Subrecipients who meet the requirements of this Agreement and are satisfactorily performing. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained in the Contract and this Amendment, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: A. Effective Date; Recitals. Upon its execution by both parties, this Amendment shall be effective as of October 1, 2020. The above recitals are true and correct and form a part of this Amendment. B. Amendments. The Agreement is hereby amended to: 1. Add a defmition for Technical Bulletin as a new Section B.11 11. "Technical Bulletin" or "TB" means any technical assistance document that Florida Housing issues to explain updated processes, provisions. or monitoring requirements as Florida Housing receives updates, clarification and additional guidance with respect to the CRF funds. 2. Delete Section C.1. in its entirety and replace with the following: 1. Amount of Funds Available to Subrecipient: The total funds made available to Subrecipient under this Agreement is up to $873,220.00. 164 Delete Section C.2. in its entirety and replace with the following: 2. Disbursement of Funds to Eligible Subrecipients: The available funds will be disbursed to Subrecipient for activities described in Item CA., below. The Subrecipient received an initial allocation of $572,301.00 upon execution of the Agreement. Upon execution of the First Amendment, an additional $300,919.00 shall be provided to the Subrecipient. Any additional funds will be disbursed in an amount to be determined by Florida Housing. 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, subsequent funds 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. 4. Add a new section C.10., to address Technical Bulletins: 10. TBs will be used to clarify, discuss, interpret, and provide guidance for contract administration issues related to this Agreement. TBs will be both e-mailed and posted at https://www.floridahousing.org/pro rams/special-programs/ship--- state-housing-initiatives-partnership-program/ship-technical-bulletins, and Subrecipient is encouraged to regularly check for TBs. C. General Terms and Conditions. 1. This Amendment shall be construed and enforced according to the laws of the State of Florida and venue for any actions arising hereunder shall lie in Leon County, Florida. 2. This Amendment shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, successors and assigns. 3. This Amendment may be executed in counterpart originals, no one of which needs to contain the signatures of all parties hereto, but all of which together shall constitute one and the same instrument. 4. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable law and are intended to be limited to the extent necessary so that they will not render this Amendment invalid, illegal, or unenforceable under any applicable law. If any term of this Amendment shall be held to be invalid, illegal or unenforceable, the validity of the other terms of this Amendment shall in no way be affected thereby. 165 5. Except as specifically modified by this Amendment, the Contract shall remain in full force and effect, and all of the terms and provisions thereof are hereby ratified and confirmed. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 166 IN WITNESS WHEREOF, the Parties have executed this FIRST AMENDMENT to Agreement Number 064-2020, by a duly authorized representative, effective on October 1, 2020. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Name/Title: Date: FLORIDA HOUSING FINANCE CORPORATION M. Name/Title: Date: 167 /QNI Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 26, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Subject: Reclaimed Water Agreement between Indian River County and Sea Oaks Property Owners Association Background/Analysis: Around September 1989, Indian River County (County) and the Sea Oaks Property Owners Association (SOPO aka SOPOA) entered into an irrigation agreement. At the time the Florida Department of Environmental Regulation (FDER- now known as Florida Department of Environmental Protection (FDEP) had regulatory authority over the reuse and the quality of the highly treated effluent that could be used for beneficial use as irrigation. Attachment 1 is a copy of the irrigation agreement that had the following terms: • The County owned and operated the Sea Oaks Wastewater Treatment Plant, an FDER 210,000 gallon per day (0.21 Million Gallons a Day=MGD) • SOPO was to accept up to 500,000 gallons a day (0.5 MGD) of irrigation water • SOPO had responsibilities for the operation and maintenance of the irrigation equipment such as pumps, timers, irrigation heads, and controls. • The term was for 10 years. Renewals • Rates were billed at county rate' in effect at that time Throughout the years the SOPO/SOPOA has lessened its reliance on the reuse water aka reclaimed water and had been relying on its own groundwater supply to irrigate the property. In later 2019, county staff met with Sea Oaks staff to renew discussions about supplying reuse water to their site. What transpired from those discussions is what is being presented to the Board for review and approval. Attachment 2 is a proposed Reclaimed Water Agreement between Indian River County and Sea Oaks Property Owners Association. Exhibit A of the agreement includes a legal description and aerial map of the areas to be irrigated. The following highlights of the agreement are listed below: • There is a phased approach for supplying water denoted by dates and amounts: o Phase 1: 0.0178 MGD within 3 months of the effective date o Phase 2:0.129 MGD to the East side of A1A within 1 year • Phase 3:0.284 MGD to the West side of A1A within 2 years o Note that these are guidelines and nothing prohibits SOPO/A from using the reuse water on or before these dates Rates billed at those in effect at the time. Currently $0.21/1,000 gal (March 2019 BCC approved rates) There is an incentive to allow SOPO/A to use more than 0.5MGD at no charge 168 Departmental Item • Term: 10 years beginning on the effective date • Cancelation: 180 days' notice • County responsible for complying with its FDEP Permit and associated reclaimed water treatment requirements • This agreement supersedes the 1989 irrigation agreement • Exhibit A shows the legal description and aerial map of the Sea Oaks property to be irrigated Phase Desc. MGY TGD MGD Cost/day cost/yr 1. Tennis Ct 6,500,000.00 17,808.22 0.0178 $3.74 $1,365.00 2 East 46,937,133.00 128,594.88 0.129 $27.00 $9,856.80 3 West 103,519,977.00 283,616.38 0.284 $59.56 $21,739.20 430,019.48 0.4308 $90.30 $32,960.99 Funding: Funds for this project are derived from the Utilities Operating fund. Utilities operating funds are generated from water and sewer sales. Revenues are recognized in the operating fund as well. Description Account Number Amount Reclaimed Water Sales 471034-343530 $32,960.99 Reclaimed Water Expenses 47121836- p 035230/044330/044699 $28'252'28 Recommendation: Staff recommends that the Board of County Commissioners approve the Reclaimed Water Agreement between Indian River County and Sea Oaks Property Owners Association and authorize the Chairman to sign on their behalf after review and approval by the County Attorney. Attachments: 1. 1989 Sea Oaks Irrigation Agreement 2. Reclaimed Water Agreement between Indian River County and Sea Oaks Property Owners Association 169 Attachment 1 7/37/37 U'I': .(C;; Ji�Ea.UI'II) :C.•,� A C 11 E E. M E It T _ .� r 11G�1'WELN �T 04 r V , INDIAN RIvi:n COUNTY, FL40RIDA AND 1 SEA OAKS'PROPERTY OWNERS ASSOCIATION 7RRicATTON Ac13jjnr4T THIS AGREEMENT, made and entered into this qday OC 1989, by and between INDIAN RIVER COUN'T'Y, A political subdivision of the State of Florida, hereinafter referred to as COUNTY and SEA OAKS PROPERTY OWNERS ASSOCIATION, a Florida corporation, hereinafter referred to as S.O.P.o. W I T N E S S E T lI WHEREAS, the FLORIDA DEPARTMENT OF ENVIRONMENTAL % REGULATION (FDER) permit regulations are rigorous in controlling � effluent quality for application to residential areas when limited human contact may occur; and WHEREAS, COUNTY is the owner of a wastewater treatment system with full authority to charge for treatment and operation services; and WHEREAS, specific needs as to irrigation effluent placement and volume are better handled by the S.O.P.O., NOW THEREFORE, in coni;ideration of the premises, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the undersigned, it is hereby agreed as fallows: 1. DEFINITIONS. Responsibility }tiring and p:,yinrj parson(.) with ability to perform the activities, purchasing supplies and materials, and satisfying all requirements of. this Acjreomant. o 6Effluent - Treated sewage with the proper pH, turbidity, and chlorine content pumped at a pressure to operate the irrigation system. Potable Mater - Water purchased from COUNTY's water treatment plant with connection having a suitable "air -gap" or backflow preventer that will provent bauk low contamination. 170 7/27/09 UTI ' (C.^"EAOAKI.OFN):c off-site rri ation S Stam - Distribution mains, zone flow controllers, timers, laterals, spray heads, and all associated 1 fittings. "Jockey"Pum - Small pump dedicated to purpose of testing and adjustment of sprinkler head. This is required to avoid ' damage to irrigation pumps during these operations needing low flows. 2, COUrI Y's RFSPolISTnTGITI�S, COUNTY,or its successors of assigns, shall comply with FDER reg ulations per #0031-177597 and all other applicable federal, state, and local rules and regulations to assure the safe physical composition and quality of effluent for spray irrigation in a residential area as planned and approved by all regulating agencies. COUNTY shall employ the plant operators, certified to comply with FDER regulations, to operate and maintain the treatment plant to provide effluent that meets permitted specifications for pH, turbidity, and.chlorine content. COUNTY shall allow ingress/egress easement; to allow S.O.P.O. to operate and maintain the irrigation system. This easement allows access to irrigation controls and motor controls center also mounted at the plant site. S.O.P.o. shall install a separate service and meter to meter power consumption used by the irrigation system. ] COORDI A ED JOITIT COU TY ANO 3.0 P.O. RES IRONS SIL IES. t 0 se.- COUNTY that ^.o.P.O. will,raccept ^rup ;�'n�i4.s S.O.P.O. guarantees the aVa•��ble� -tcr"re- 500, 000 gallons per day of er eluent, During times when effluent quantities are not sufficient to supply 500,000 gallons during scheduled irrigation, water shall be added to the effluent by COUNTY as needed by S.O.P.O. up to COUt•ITY has the option to supply blended water plant water for irrigation re -use directly from wells, . Quality of effluent w ll processed water, or RO reject water All ' not exceed five hundred parts total dissolved solids (TDs). fre-use shall�4e.„mt;axed,_anc� water so delivered to S.o.P.O.or b;ill. d ;to.;�S=O:.P::O..:at' •thd-coUtITY rate :in : effect_aC he,;•t me-': Qx r3, .. r . the meter. Any COUNTY shall install and maintain UNT ” h'YT rs'�•'=and;:bilhed Cc .r ���� �.Usei�:�'f or°'I:� makeup':�stt. p-i�►, GOONTY.'•rate:in;'c�`4e�t at the time of the billing. hall use its bent afforts to use potable water only County as final backup and supply. i A. During times when there is a surplus of effluent, COUNTY shall request that S.O.P.O• adjust the irrigation controls to distribute a designated volume of water to safe zones that can accept that volume. z 171 7/27/39 UT: (CSEAOAKi.OFM):c q, S.O.P.O. RFSPONSIBFLFT;F:s. S.O.P.o. shall be responsible for setting the irrigation control timers., and maintenance of the controls, pump equipment, and irrigation system. Z shall employ and pay the personnel who have knowledge of the system, experience, and expertise to operate and maintain the distribution system. Maintenance of the irrigation system shall be cotrdinated by S.O.P.O. with COUNTY as necessary to prevent problems with those respective systems. v 5, COMPENSATION. Except as described above, neither party shall pay additional compensation to the other for its services rendered hereunder. 6. TERM. This Agreement shall become effective simultaneously with the execution of this Agreement by all of the parties and shall continue in full force and effect for ten (10) years from said execution. The provisions of the original Agreement shall become void with execution of this Agreement. 7, ENTIRE AGREEMENT. This Agreement constitutes the entire. agreement of the parties. Th same may not be amended or modified orally. All understandings and agreements heretofore between the parties with respect to the management of the system are merged into this Agreement, which alone fully and completely expresses their understanding. a. SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors .and assigns. g, FURTHER ASSURANCES. The parties hereto agree to execute any and all further instruments and documents, including the granting of easements and like instruments, and to take all such action as may be reasonably required by either party to effectuate the terms and provisions of this Agreement and the transactions contemplated herein. Further, s.o.P.o. and its shareholders ' shall give full faith and support and will not adversely impede COUNTY Billing Agent in the discharge of his duties as provide herein. 20, LAW This Agreement shall be gcverned in its enforcement and construction and interpretation by the laws of the State of Florida. 11. NOTICES. When either party is required to give notice to ,the other or make any demand upon the other, such notice shall be In writing and delivered by telegram or certified mail, return receipt requested, addressed _to the party to whom it is intended as follows: 172 3 7/27/89 UT' (CSEAOAKI.OFM):c Sea Oaks Property Owners Association Sea Oaks Utilities, Inc. 8765 North A -1-A Vero Beach, Florida 32963 • BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: By: erton Cary C Wheeler, Chairman erftce Board (SEAL) SEA OAKS PROPERTY OWNERS ASSOCIATION By: Witness By: Witness (SEAL) 1nwe Ahn h A01t.vt7 Qale Aa on m I_.: 1 � Deal M�Sh A4Gf Attachment 2 RECLAIMED WATER AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND SEA OAKS PROPERTY OWNERS ASSOCIATION THIS RECLAIMED WATER AGREEMENT ("Agreement") is made this day of , 2020 (the "Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27°i Street, Vero Beach, Florida 32960 (hereinafter the COUNTY) and SEA OAKS PROPERTY OWNERS ASSOCIATION, INC., a Florida Not -For -Profit Corporation, the address of which is 8811 Highway AIA, Vero Beach, Florida 32963 (hereinafter SEA OAKS). WITNESSETH: WHEREAS, the COUNTY operates and maintains publicly owned wastewater treatment facilities which are capable of producing irrigation quality wastewater effluent (hereinafter referred to as "Reclaimed Water"; "Reuse Water" or "IQ Water") as that term is defined by the Florida Department of Environmental Protection (FDEP) for use on grass, woodlands, landscape, pastures, golf courses and other types of approved vegetation; and; WHEREAS; SEA OAKS is the property association for a residential subdivision located at 8811 Highway Al A, in the unincorporated area of Indian River County (the "Property"); and WHEREAS, in 1989, COUNTY and SEA OAKS entered into an Irrigation Agreement; and WHEREAS, the FDEP has already permitted 0.21 millions of gallons per day (MGD) for SEA OAKS at the COUNTY waste water treatment facility; and WHEREAS, COUNTY and SEA OAKS desire to enter into this Agreement in order to supersede the previous Irrigation Agreement; and 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: Section 1. Delivery and Acceptance: (a) The COUNTY will deliver and SEA OAKS agrees to receive non -pressurized reclaimed water at the Property at three mutually agreeable points. SEA OAKS, at its own expense, shall install the necessary reuse facilities from the COUNTY reuse line in the Highway AIA right-of-way to and on the property. The three mutually agreeable points will be installed in a phased approach as follows: Phase 1) Connection with capacity to serve up to 6.5 Million Gallons a Year (MGY) or (0.0178 Million Gallons a Day (MGD) from Highway AIA to SEA OAKS tennis courts system, within 3 months of the Effective Date of this Agreement. Phase 2) Connection with capacity to serve up to 46.9 MGY (0.129 MGD) from the east side of Highway Al A within 1 year of the Effective Date of this Agreement. Phase 3) Connection with capacity to serve up to 103.5 MGY (0.284 MGD) from the west side of Highway AIA with the Effective Date within 24 months from the Effective Date of this agreement. (b) Prior to each connection, SEA OAKS shall install a reclaimed water flow monitoring and recording device (hereinafter referred to as a "reclaimed meter") that. meets County's specifications to monitor the volume of reclaimed water delivered to SEA OAKS at each location. The reclaimed meter will be on a mutually agreed upon location on the Property. The COUNTY shall be granted reasonable access to the reclaimed water system and related appurtenances. The reclaimed water system compol`1174 Page 1 of 6 N9SOPOA\IRRIGATION - Water Usc\RECLAIMED WATER\Sea Oaks Reuse IRCAgreement rev 09_07_2020 FINALAm shall be reviewed and approved by the COUNTY prior to installation. (c) SEA OAKS covenants that it shall not directly discharge reclaimed water into any water body of the State of Florida .other than to the impoundment owned and maintained by SEA OAKS. SEA OAKS shall take reasonable precaution to prevent the use of reclaimed water received as potable water. Signs shall be strategically posted in accordance with the FDEP requirements. SEA OAKS's reclaimed water facilities shall be operated, maintained, and administered in a manner which adheres to the codes, standards, and guidelines established by the COUNTY and the respective regulatory agencies. (d) SEA OAKS shall use the reclaimed water to irrigate the Property in a manner consistent with all Federal, State and local laws and regulations. Section 2. COUNTY's Liability for Failure to Delivery Reclaimed Water: (a) SEA OAKS understands and acknowledges that the COUNTY will not guarantee the.delivery of a set amount of reclaimed water. However, any potential interruption of service, that may or may not be caused through no fault of the COUNTY or if caused by others that affects the ability of COUNTY to provide irrigation quality water to SEA OAKS shall be repaired expeditiously by the COUNTY. (b) SEA OAKS further agrees that the COUNTY shall not be held liable to SEA OAKS for any damages or expenses incurred by SEA OAKS because of the COUNTY's failure to deliver reclaimed water. Section 3. SEA OAKS's Obligations: (a) Unless otherwise noted, SEA OAKS shall prepare at its own expense; plans, specifications, agreements, advertisement and general conditions, hereinafter referred to has the "contract documents" for the lines and facilities necessary to deliver the reclaimed water from the COUNTY's facilities to the reclaimed water meter serving the Property. SEA OAKS must obtain COUNTY approval prior to submittal to the permitting agencies for any plans and specifications. SEA OAKS shall be responsible for all costs associated with the design and permitting and construction of the off-site facilities whether designed, -permitted or constructed by SEA OAKS or the COUNTY. (b) The design; permitting, construction, operation and maintenance of all on-site reclaimed water facilities which are on the Property (including but not limited to reclaimed water meter, transmission lines, pumps, valves, storage facilities, and irrigation equipment) shall be SEA OAKS's sole responsibility and expense. All construction of on-site reclaimed water lines and facilities up to the irrigation system shall be subject to COUNTY review and approval. (c) SEA OAKS shall comply with reasonable requests by the COUNTY concerning on-site operations and maintenance including but not limited to all FDEP and St Johns River Water Management District (SJRWMD) regulations relating to reporting requirements, signs, spraying, and color -coding of reclaimed water equipment. Sign location and color of the posted signs shall be in conformance with FDEP regulations. In addition, exposed reclaimed water piping shall be painted `Pantone Purple 522C'. (d) SEA OAKS shall be deemed in possession of the reclaimed water on SEA OAKS's side of the reclaimed water meter, however SEA OAKS shall not be deemed to own the reclaimed water and may not transfer or sell the reclaimed water to any party for use offsite of the Property without written pennission from the COUNTY. (e) SEA OAKS may change the location of the site or sites where the reclaimed water is applied provided such change does not interrupt nor diminish SEA OAKS's ability to accept all of the reclaimed water and such change remains in compliance with all Federal, State and local regulations and the terms and conditions of this Agreement. (f) SEA OAKS shall convey to the COUNTY a non-exclusive easement for the installation, operation and maintenance of the reclaimed water meter site and the reclaimed water system. In addition, SEA OAKS shall grant to the COUNTY a non-exclusive ingress -egress easement necessary for 117&5 Page 2 of 6 NASOPOAURRIGATION -Water Use\RECLAWED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc COUNTY to install, maintain, operate and monitor the reclaimed water meter and reclaimed water system. (g) SEA OAKS shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use, monitoring and storage of the reclaimed water. (h) After the COUNTY's final inspection of the off-site reclaimed water facilities for conformance with the approved plans and specifications, SEA OAKS shall convey all the offsite facilities to the COUNTY. The conveyance shall include, but not be limited to the following documents, in a form acceptable to the COUNTY: 1) Bill of Sale 2) Grants of Easements 3) Maintenance Bond 4) Record Drawings (hard copy and electronic format - AutoCAD rel. 14.0) Section 4.. Quality of Reclaimed Water: The COUNTY will provide reclaimed water meeting the standards set forth by the FDEP as defined in the COUNTY's Wastewater Treatment Facility (WWTF) Operating Permits Reclaimed Water. Sampling for conformance with reclaimed water quality shall be performed at the location and frequency defined in the FDEP WWTF Operating Permits at no cost to SEA OAKS. Only reclaimed water meeting FDEP water quality standards will be delivered to the Property: Section 5. Property to be Served: SEA OAKS shall use the reclaimed water only on the Property described in Exhibit `A', attached hereto and incorporated by reference. Section 6. Prohibition on Use of Other Water Resources Notwithstanding anything to the contrary, within 6 months of the Phase III transition, herein SEA OAKS shall no longer use groundwater for irrigation except for as a backup source of water. SEA OAKS shall relinquish any rights to such use and transfer such rights to be used as credits by COUNTY as permitted by law. Section 7. Fees and Charges: (a) Upon satisfaction of all of the requirements set forth in section 3 above, SEA OAKS shall begin paying the current established base rate(s) for reclaimed water delivered to the Property up to 0.4308 MGD. Any additional consumption in excess of 0.5 MGD of reclaimed water supplied by COUNTY shall not be charged to SEA OAKS. (b) The COUNTY shall have the sole and exclusive right to set fair and reasonable fees and charges for reclaimed water (usually expressed in terms of dollar amount per thousand gallons). The reclaimed water fees and charges may be changed at any time at the sole discretion of the COUNTY and such charges shall apply to SEA OAKS and this Agreement at the time of such change. (c) SEA OAKS shall be invoiced according to the COUNTY's normal billing practices for water customers. SEA OAKS shall pay interest at the rate in place at the time of any past due amounts from the date the amount came due until the date paid. Written or verbal notice of delinquency is not required for the interest to accrue. Section 8. Volume Allocation: The Previous FDEP permitted allocation of 0.21 MGD will be hereby amended so that the COUNTY will attempt to allocate and Sea Oaks will receive an average daily flow of 0.0178 MGD after connection for the tennis court system, 0.129 MGD after connection to the east side of Highway AIA, and 0.284 MGD after connection to the west side of Highway AIA as outlined in Section]. SEA OAKS shall control the volume of reclaimed water accepted, stored and utilized by SEA OAKS on site. Notwithstanding anything to the contrary, SEA OAKS is not obligated to accept reclaimed water which does not meet FDEP standards. 176 Page 3 of 6 N:tSOPOAQRRIGATION. Water Usc\RECLAIMED WATERI$ea Oafs Reuse IRC Agreement rev 09_07_2020 FINAL.doe Section 9. Term: The term of this Agreement is ten (10) years beginning on the Effective Date; as provided above. This Agreement shall be renewed automatically for successive 10 year terms at the expiration of any preceding term, unless any party notifies the other of cancellation by written notice not less than 180 consecutive calendar days in advance of the expiration date of the preceding term. The Term of this Agreement shall run concurrently with the COUNTY'S Regional Wastewater Treatment Facility FDEP Operating Permit serving the area. Section 10. No Direct Offsite Discharge: Unless expressly authorized by a state or federal agency, SEA OAKS covenants that it shall not directly discharge reclaimed water into any body of water in the State of Florida other than the ponds or lakes (impoundment) owned by SEA OAKS. SEA OAKS will take all reasonable precautions to prevent the use of reclaimed water received as potable water. "Reclaimed Water in Use" warning signs shall be posted in strategic places to prevent consumption of the water. Section 11. Amendment: A written instrument executed by the party or parties to be bound thereby may only amend this Agreement. Section 12. Authority - Each party hereto represents -and warrants to the other that the execution of this agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. Section 13. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. Section 14. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. Section 15. Entire Agreement: This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there is no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. Upon the effective date of this Agreement, the prior Irrigation Agreement shall be null and void. Section 16. Governing Law & Jurisdiction: This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such State and all actions arising out of this Agreement shall be brought in Indian River County. All of the parties to this agreement have participated freely in the negotiation and preparation hereof; accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. Section 17. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. Section 18. Recording o• f Agreement: The Agreement shall be recorded in the public records of Indian River County. The obligations defined in this Agreement shall be a condition, which shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. SEA OAKS shall pay for the cost of recording 177 Page 4 of 6 N9SOPOMIRRIGATION - Nater UseMECLAIMED WATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc Section .19. Severability / Invalid Provision: If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. Section 20. Time of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the United States or the State of Florida, then, in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday. IN WITNESS WHEREOF, the COUNTY and SEA OAKS have accepted, made and executed this Agreement upon the terms and conditions above stated on day and year first above written. SEA OAKS: 6R""- W CoNUIE WGltt—V— ,President Sea Oaks Property Owners Association, Inc. STATE OF FLORIDA COUNTY OF INDIAN RIVER Date: t • t io. ... _ Witness (si nature) A -k 4,1) M CU6U4 rlLjl Printed N e The fore oing instrument was acknowledged before me this �o day of 2020. by _ ft( LL&14 &J who is personally known to me or who has produced as identificati n and who id take an oath. o ry ublic Name: Commission Number:LIAM EHOOPES Commission Expiration: = GG 93 545 (Notary Stamp) P Expires December 5, 2023 '� „�" Bonded Thru Troy Fain Insurance 800.3B5.7019 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Jeffrey Smith, Clerk SUSAN ADAMS, CHAIRMAN 178 Page 5 of 6 NASOPOAURRIGATION - Water Use\RECLAIMED W ATER\Sea Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc Approved as to Form and Legal Sufficiency: Approved by: Dylan Reingold, County Attorney Jason E. Brown, County Administrator 179 Page 6 of 6 N:\SOPOA\IRRIGATION - Water Use\RECLAIIDIED \PATER\Sca Oaks Reuse IRC Agreement rev 09_07_2020 FINAL.doc Exhibit A All of Government Lots 1 and 2 of Section 25, Township 31 South, Range 39 East, together with all of Government Lots 8 and 9, and the South 411.84 feet of Government Lots 5 and 6 of Section 26, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida. Less and excepting therefrom any portion of State Road A -1-A right-of-way and that portion of those lands as described in Official Records Book 813, Page 2476, Of the public records of Indian River County, Florida. 180 C4 4- NCL LL ca • m U) Q f- 02 L Im _4 i W W cog C2 <eu 4mf a f zqa,'frr(� r i —A I 3-• Ll U) M Y64s )ONd ! 'r• q 1 fi` -Z 4 . V�l r r. A! -R. . W :; J- :-f % (D e.0, 0 vs� Y d t ' t '� , V1 4 V1 W-9 -Al 4A. RE E ZE -T L 44•11 LLI IMnk 'zu 00), u f, J. ;: t: tfI J— awig jv) J %-1 .4 !' �,o Fk :`,. v, ro, - e.._.E 'F cr -jw L it �Pl letL Oc--O? cu Iz St NY 00� t L 17- klia rkV, Jul R(;HlU 044, 'ITT V1 0 ep IVA pwr "b + L -VAYi"* 1. /A43 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 16, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of.Utility Services Prepared by: Cindy Corrente, Utilities Finance Manager Subject: Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other Charges Background: On September 23, 2020, the Board of County Commissioners of Indian River County (the "Board") adopted the Fiscal Year 2020/21 Budget. Included in the Utility Department's budget was a rate increase based upon the Consumer Price Index (CPI) for all Urban Consumers as was recommended in the 2018 Comprehensive Utility Rate Study that was performed by Raftellis Financial Consultants, Inc. Analysis: The pertinent CPI is 1.54%. This percentage will be applied to all Utility Rates except the Utility deposits, water and sewer service connections fees, and meter installation fees. The current deposit of $50.00 per ERU is sufficient and applying the 1.54% to it is impractical for day-to-day business purposes. Leaving the deposit at $50.00 allows for ease of computation by utility staff and customers and remains sufficient to cover each ERU. The other three items are.delineated in County Code as requiring public hearing before they can be modified. Staff does not recommend changing these items. Since the bills produced in October will reflect usage for both September and October, staff recommends the effective date for the rate increase to be November 1, 2020. This proposal allows for all usage prior to the new fiscal year to be billed at the current rates. Bills dated November 1 and after will reflect usage that is entirely in the new fiscal year. Thus, it seems logical to enact the rate change at that time. For fiscal year 2020/20201, the :proposed rate increase should result in approximately $450,000 of additional revenue that will be used for utility -related infrastructure reinvestments to maintain required levels of service. The County Attorney has drafted the attached proposed resolution that is presented in Attachment B. Recommendation: Staff recommends that the Board vote to approve the resolution as drafted, thereby adopting the utility rate increase to go into effect beginning November 1, 2020. Attachments: Attachment A - Department of Utility Services Schedule of Water and Sewer Rates, Fees and Other charges 182 Page 1 of 2 Attachment B - Proposed resolution Attachment C - Comparison of existing versus new rates Departmental Item 183 Page 2 of 2 INDIAN RIVER COUNTY 0 �vE� *"ROOM, -N ORI z Department of Utility Services Schedule of Water and Sewer Rates, Fees, and Other Charges As Adopted by Rate Resolution 2020 - Effective November 1, 2020 184 SCHEDULE OF WATER AND SEWER RATES, FEES, AND OTHER CHARGES Water Service Availability Charge: Single -Family and Commercial (per ERU) $ 8.88 Manufactured Home and Multi -Family 0.85 (per ERU) $ . 7.55 Volumetric Charge- Water: 0— 4,000 gallons per month per connection — per 1,000 gallons $ 2.23 4,001— 7,000 gallons per month per connection — per 1,000 gallons $ 2.61 7,001-12,000 gallons per month per connection — per 1,000 gallons $ 5.03 12,001 and over gallons per month per connection — per 1,000 gallons $ 9.90 Sewer Service Availability Charge: Single -Family and Commercial (per ERU) $ 15.84 Manufactured Home and Multi -Family 0.85 (per ERU) $ 13.46 Volumetric Charge- Sewer: 0 —12,000 gallons per month per connection — per 1,000 gallons $ 2.90 12,001 gallons (billed water flow) per 1,000 gallons $ 4.36 Volumetric Charge for Mobile Home or Manufactured Home: $ 8.71 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Volumetric charge for single family homes under 3,500 square feet: $ 20.33 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only.if County water is unavailable Volumetric charge for single family homes over 3,500 square feet: $ 34.85 To be used only for sewer only accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable Excess sewage strength charge: Sewage charge X Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter / 250 185 Bulk Sewer Billing charge — per account per month $ 1.31 Service availability charge — per ERU $ 13.62 Volumetric charge= per 1,000 gallons water meter basis $ 2.67 Volumetric charge —per 1,000 gallons sewer meter basis* $ 3.03 Excess volume surcharge— greater than 7,600 gallons per month —per ERU* $ 4.52 *Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters Excess sewage strength charge Sewage charge X Ratio of total dissolved solids or biochemical oxygen demand in milligrams per liter / 250 Inflow & Infiltration (I&I) I&I per thousand gallons up to 12,000 (per ERU) $ 5.81 I&I per thousand gallons over 12,000 (per ERU) $ 17.42 Non -pressurized Reclaimed Water Per 1,000 gallons $ 0.21 Sludge and Septage Charge per 1,000 gallons (a) $ 63.56 Charge per wet ton (b) $ 15.23 One-time dump fee for recreational vehicle —per dump $ 10.15 (a) Recommended rates assume domestic sludge with solids concentration of between .5 and 2.0 (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc., or additional costs incurred to handle or dispose of wastes with high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes, in addition to the above charges based. on formulas available in the Department of Utility Services. 186 Other Rates, Fees, and Charges Deposits — Except hydrant meter $ 50.00 Required upon opening, transferring or reconnecting service — per ERU Deposits — per hydrant meter $ 345.00 Charge for returned check As per Florida Statute section 832.08 New Account fee (due opening or re -opening an account) $ 25.39 Issuance of duplicate bill $ 1.52 Meter removal fee $ 16.16 Water service connection — 5/8" to 1.5" meter $2,785.00 Water service connection — larger than 1.5" meter Cost plus overhead Sewer service connection —single family $2,895.00 Sewer service connection — commercial Cost plus overhead Unauthorized use of fire hydrants -per occurrence $ 116.77 Unauthorized use of fire hydrants volumetric charge - Indian River County Department of Utility Services (IRCDUS) shall be the sole determinant of usage as per County code Fire Protection (per month) $ 15.39 Meter installation - 5/8" $ 130.00 Meter installation -1" $ 250.00 Meter installation - 1.5" $ 500.00 Meter installation - 2"and larger Cost plus overhead Meter installation -hydrant meter Cost plus overhead Line extension fees - water Cost plus overhead Line extension fees sewer Cost plus overhead Water service disconnection determined by IRCDUS/includes reconnect $ 76.16 187 Customer requested disconnect $ 76.16 Customer requested reconnect $ 76.16 Inspection fee—during inspector'sregular hours $ 76.16 Inspection fee — after Hours — only in unique circumstances Cost plus overhead Service.call—during hours $ 76.16 Service call — after hours $ 96.46 Delinquency Charge $2.00 plus 1.5% per month Meter test 5/8" and 1" — on site $ 76.16 Meter test 5/8" and 1" — off site Cost plus overhead Meter test 1.5" and larger Cost plus overhead Damage repair Cost plus overhead Line location Cost plus overhead Other and extraordinary services Cost plus overhead Utility master plan revision by requested changes to the IRC Comprehensive Plan shall be paid by the applicant requesting the change Cost plus overhead Site plan review $ 150.00 Impact Fees Water— per ERU $ 1,300.00 (Water treatment $676.00/water transmission $624.00) Sewer— per ERU $ 2,796.00 (Wastewater treatment $1,650.00/wastewater transmission $1,146.00) ATTACHMENT B RESOLUTION 2020- A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING REVISED INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES RATE SCHEDULE WHEREAS, the Indian River County Board of County Commissioners, (`Board") has the authority to establish rates and fees pursuant to Florida Statutes Chapter 125; and WHEREAS, the Board desires to modify the IRCDUS rates, fees and charges where appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners adopts the attached Indian River County Department of Utility Services rate schedule (see Exhibit "A"). 2. The effective date of the fees contained in the Indian River County Department of Utility Services fee schedule is November 1, 2020. 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 Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this . day of October , 2020. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and legal sufficiency: RIN Dylan Reingold, County Attorney Susan Adams, Chairman 189 Description Current Rate CPI -U 1.54% Service Availability - Water Service Availability, Water Single Family & Commercial $8.75 $8.88 Service Availability, Water Manufactured Home and Multi -family $7.44 $7.55 Volumetric Water 0-4,000 gallons per ERU per thousand gallons $2.20. $2.23 4,001-7,000 gallons per ERU per thousand gallons $2.57 $2.61 7,001-12,000 gallons per ERU per thousand gallons $4.95 $5.03 12,001 and over gallons per ERU per thousand gallons $9.75 $9.90 Service Availability - Sewer Service Availability, Sewer Single Family & Commercial $15.60 $15.84 Service Availability, Sewer Manufactured Home and Multi -family $13.26 $13.46 Volumetric Sewer 0-12,000 gallons per ERU per thousand gallons $2.86 $2.90 12,001 and over per ERU per thousand gallons $4.29 $4.36 Volumetric charge for Mobile Home or Manufactured Home: To be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $8.58 $8:71 Volumetric charge for Single family homes under 3,500 square feet -to be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $20.02 $20.33 Volumetric charge for Single family homes over 3,500 square feet :To be used for sewer accounts already established as of January 1, 2013 and new accounts after January 1, 2013 only if County water is unavailable $34.32 $34.85 190 Description Current Rate CPI -U 1.54% Excess Sewer Charge Sewer charge x Ratio of total Sewer charge x dissolved Sewer charge solids or dissolved solids x Ratio of total Sewer charge x oxygen dissolved Ratio of total in milligrams solids or dissolved solids liter/250 biochemical or biochemical oxygen oxygen demand demand in in milligrams milligrams per per liter/250 liter/250 Bulk Sewer Billing charge — per account per month $1.29 $1.31 Service availability charge -per ERU $13.41 $13.62 Volumetric charge — per 1,000 gallons water meter basis $2.63 $2.67 Volumetric charge —per 1,000 gallons sewer meter basis $2.98 $3.03 Excess Volume charge - greater than 7,600 gallons per month - per ERU* * Surcharge for bulk users will apply to flow exceeding total capacity $4.45 $4.52 reserved by bulk user in all meters Excess Sewer Charge Sewer charge x Ratio of total Sewer charge x dissolved Ratio of total solids or dissolved solids biochemical or biochemical oxygen oxygen demand demand in in milligrams milligrams per per liter/250 . liter/250 Inflow & Infiltration (I&I) 191 Description Current Rate CPI -U 1.S4% I,&I per thousand gallons up to 12,000 (per ERU) $5.72 I&I per thousand gallons over 12,000 (per ERU) $17.16. $17.42 Non -pressurized Reclaimed Water Per 1,000 gallons $0.21 $0.21 Sludge and Septage Charge per 1,000 gallons (a) $62.55 $63.51 Charge per wet ton (b) $15.00 $15.23 One-time dump fee for recreational vehicle —per dump $10.00 .$10.15 (a) Recommended rates assume domestic sludge with solids concentration of. between .5 and 2.0% (b) Costs incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc., or additional costs incurred to handle or dispose of wastes with high metal concentrations or other non-domestic waste characteristics should be recovered from the users discharging the wastes, in addition to the above charges based on formulas available in the Department of Utility Services. Other Rates, Fees, and Charges Deposits— Except hydrant meter $50.00 $50.00 Required upon opening, transferring or reconnecting service — per ERU Deposits- per hydrant meter $345.00 $345.00 Charge for returned check As per Florida As per Florida Statute Statute section section 832.08 832.08 192 Description New Account fee (due opening or re -opening an account) Issuance of duplicate bill Meter removal fee Water service connection — 5/8" to 1.5" meter Water service connection — larger than 1.5" meter Sewer service connection — single family Sewer service connection — commercial Cost plus overhead Unauthorized use of fire hydrants -per occurrence Unauthorized use of fire hydrants volumetric charge - Indian River County Department of Utility Services (IRCDUS) shall be the sole determinant of usage as per County code Fire Protection - per month Meter installation - 5/8. Meter installation -1" Meter installation -1.5" I Meter installation - 2"and larger Meter installation - hydrant meter Current Rate CPI -U $130.00 1.54% $25.00 $25.39 $1.50 $1.52 $75.00 $76.16 $2,785.00 $2,785.00 Cost plus Cost plus overhead overhead $2,895.00 $2,895.00 Cost plus Cost plus overhead overhead $115.00 $116.77 $15.16 $15.39 $130.00 $130.00 $250.00 $250.00 $500.00 $500.00 Cost plus Cost plus overhead overhead Cost plus Cost plus overhead overhead 193 Description Line extension fees - water Line extension fees — sewer Water service disconnection determined by IRCDUS/includes reconnect Customer requested disconnect Customer requested disconnect Inspection fee — during inspector's regular hours Inspection fee —after hours - only in unique circumstances Service call - during hours Service call — after hours Delinquency Charge Meter test 5/8" and 1" — on site Meter test 5/8" and 1" off site Meter test 1.5" and larger Damage repair I Line location Current Rate Cost plus overhead Cost plus overhead $75.00 $75.00 $75.00 Cost plus overhead $75.00 $95.00 $2.00 plus 1.5% per month $75.00 Cost plus overhead Cost plus overhead Cost plus overhead Cost plus overhead CPI -U 1.54% Cost plus overhead Cost plus overhead $76.16 $76.16 $76.16 Cost plus overhead $76.16 $96.46 $2.00 plus 1.5% per month $76.16 Cost plus overhead Cost plus overhead Cost plus overhead Cost plus overhead 194 Description Other and extraordinary services Current Rate Cost plus overhead Utility master plan revision by requested changes to the IRC Cost plus Comprehensive Plan shall be paid by the applicant requesting the change overhead CPI -U 1.54% Cost plus overhead Cost plus overhead .Site plan review $150.00 $150.00 Impact Fees Water — per ERU (Water treatment $676.00/water transmission $624.00) $1,300.00 $1,300.00 Sewer — per ERU $2,796.00 $2,796.00 (Wastewater, treatment $1,650.00/wastewater transmission $1,146.00) 195 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 28, 2020 SUBJECT: City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement 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. Several years ago, the City began charging Indian River County rates to those customers in the unincorporated areas of Indian River County. The City has been charging Indian River County rates to the customers in the Town of Indian River Shores (the "Town") per the franchise agreement between the two entities, dated October 1, 2012. On September 15, 2020, the City sent to County staff a proposed 30 year franchise agreement, which is attached. County staff has reviewed the proposed franchise agreement and plans to offer formal comments to the City. However, there were two larger issues that County staff wanted to present to the Board before responding to the City, 1) the charging of City rates, and 2) the elimination of the sections proposed by County staff concerning additional customers and boundary changes. The County Administrator, County Attorney and County Utility Director had a conference call with the City Manager, City Attorney, City Utility Director and City's outside counsel on September 24, 2020, to discuss these two key issues. During the discussion, City representatives stated that they could not agree to impact the City's ability to set rates in the future. Moving forward, the City was planning on building a new wastewater plant and that the City could not be locked into the County rate system, which generates roughly the same revenue. They also noted that they may need to increase rates due to requirements of the new Clean Waterways Act. City representatives expressed concerns with the need for potential projects addressing older parts of the system, such as the lines serving the Moorings. County staff noted the inequity of the City charging County rates to those in the Town, while less affluent customers in other parts of the County would be paying possible higher City rates. City representatives stated that the City was justified in charging a different rate in the Town, as the Town owned the facilities within the municipal boundaries. It should be noted that the ownership of facilities in the unincorporated areas is not a settled issue. The City deleted such proposed language in its draft franchise agreement. 196 Board of County Commissioners September 28, 2020 Page 2 With respect to the boundary change issue, City staff did clarify that the intent of the language in the proposed franchise agreement was to maintain the existing boundaries of the City franchise service area as set forth in the 1989 agreements referenced in the recitals. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners discuss the proposed agreement and provide direction to staff on the rate structure being proposed by the City of Vero Beach. ATTACHMENTS City of Vero Beach Proposed Water, Wastewater and Reclaimed water franchise agreement 197 WATER, WASTEWATER, AND RECLAIMED WATER FRANCHISE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH This Agreement (hereafter "Franchise Agreement") is made and entered into this _ day of , 2020, (hereafter "Effective Date") by and between County, Florida, a political subdivision of the State of Florida (hereafter "COUNTY"), and the City of Vero Beach, Florida, a municipal corporation created under the laws of the State of Florida (hereafter "CITY"). 0 *01111 IF -11 I&II 1. The COUNTY is a political subdivision of the State of Florida, with all powers necessary to carry on county government, as set forth generally in Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, and specifically in Chapter 59-1380, Laws of Florida, and, consistent therewith, has the power and authority to execute and deliver this Franchise Agreement and to carry out its respective obligations hereunder. 2. The CITY is a municipal corporation duly incorporated, validly existing, and in good standing under the laws of the State of Florida, with all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions, and render municipal services and, consistent therewith, has the power and authority to execute and deliver this Franchise Agreement and to carry out its respective obligations hereunder. 3. Pursuant to such municipal powers, general law authority such as chapter 180, Florida Statutes, various special acts, the city's charter, the earliest declaration of exclusive service area and acceptance of the duty to serve outside its corporate boundaries, the CITY is in the business of furnishing water, wastewater, and reclaimed water utility services and any component of such services within and without the corporate limits of CITY. 4. The CITY is in the business of furnishing water, wastewater, and reclaimed water utility services and any component of such services within certain unincorporated and incorporated areas of the COUNTY. 5. In recognition thereof, and in order to provide customers with water and wastewater utility services in the most efficient, orderly, and cost-effective manner, the Parties previously established the respective water and wastewater utility service areas for each Party pursuant to that certain "Agreement Between Indian River County and the City of Vero Beach Setting Service Areas for Water and Sewer Service; Memorializing Certain Water and Sewer Allocations; and Repealing Prior Agreements" finally approved September 19, 1989 (the "Service Area Agreement"). 6. Pursuant to said Service Area Agreement, the CITY is responsible for and provides water and wastewater utility services within the boundaries of its service area 198 established therein (the "City Service Area"), which City Service Area includes certain areas of unincorporated Indian River County (the "Unincorporated Service Area") as such Unincorporated Service Area has been modified by expansion and contraction since adoption of the Service Area Agreement. 7. COUNTY Resolutions 87-13 (water) and 87-14 (wastewater), both effective as of March 5, 1987 (collectively the "Franchise Resolutions"), as modified by the Service Area Agreement, provided that the CITY would collect and remit a franchise fee to the COUNTY in return for use of COUNTY rights of way. 8. The Service Area Agreement shall remain unaffected by this Franchise Agreement. 9. The Franchise Resolutions expired March 4, 2017. 10. In anticipation of the expiration of the Franchise Resolutions, the Parties have negotiated in good faith together and have determined it to be appropriate and in the interest of the COUNTY and the CITY to enter into this Franchise Agreement. 11. This Franchise Agreement has been duly authorized by all action and performance of all pre -conditions required to be taken respectively by each party, has been duly executed and delivered by them, and constitutes a valid and binding obligation of each party enforceable in accordance with its terms, NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual benefits to be derived from compliance by the parties with the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows: Section 1. Incorporation of Recitals.. The above Recitals are true and correct, form a material part of this Franchise Agreement, and are incorporated into the Franchise Agreement. Section 2. Conditions Precedent. Notwithstanding anything to the contrary contained herein, this Franchise Agreement shall not become effective until and unless the appropriate franchise ordinance or resolution is formally adopted by both the Board of County Commissioners of COUNTY and the City Council of the CITY approving this Franchise Agreement. Section 3. Franchise Grant. COUNTY hereby grants to CITY, with all rights and privileges attendant thereto, an exclusive Franchise to construct, maintain, and operate water, wastewater, and reclaimed water utility systems within the County Area, to provide water, wastewater, and reclaimed water utility services to customers currently served by CITY within the County Area and to construct, maintain, operate, expand, and replace water, wastewater, and reclaimed water utility systems in, upon, along, across, above, over and under COUNTY rights of way now laid out or dedicated, and all extensions 199 thereof. Such water, wastewater, and reclaimed water utility systems shall consist of all water, wastewater, and reclaimed water facilities (including, pipes, fixtures, mains, valves, meters, tanks, lift stations, etc., and communication and electric lines for water, wastewater, and reclaimed water utility system use) for the purpose of supplying water, wastewater, and reclaimed water utility service to the County Area, the inhabitants thereof, and persons and entities beyond the jurisdiction of COUNTY thereof. Section 4. Initial Franchise Term and Renewal. The initial term of this Franchise Agreement and the Franchise granted hereunder shall be for a period of Thirty (30) years commencing on the Effective Date. This Franchise Agreement and the Franchise granted hereunder shall automatically renew for additional Fifteen (15) year terms unless either party shall send written notice to the other party at least four (4) years prior to the date of expiration of the initial term and thereafter such subsequent term as the case may be. Section 5. Utility Rates and Fees. The rates for water, wastewater, and reclaimed water utility services established and charged by the CITY for customers within the Unincorporated Service Area shall be just and equitable and based on the same factors used in fixing rates, fees, and charges for customers inside the CITY's corporate boundaries, shall be subject to such regulation as may be provided by state law, and shall not exceed the rates charged to customers within the same customer classification within the corporate limits of the CITY. The right to regulate water, wastewater, and reclaimed water utility rates and surcharges (subject to the foregoing), service policies, and other rules and regulations for the construction, installation, maintenance, and operation of the CITY's water, wastewater, and reclaimed water utility systems is reserved to and vested solely in the CITY, consistent with applicable laws of the Federal government or the State of Florida. Nothing contained in this Section is intended to limit or abrogate the CITY's reserved police powers for setting utility rates and fees. Section 6. Developer Agreements. CITY shall have the authority to enter into agreements with developers of real estate projects and other consumers within the County Area. Developer agreements entered into by CITY shall be fair, just, and non- discriminatory, and generally have the same content as developer agreements for projects within the corporate limits of CITY. Such agreements may include but are not limited to provisions relating to: (a) Advance payment of contributions in aid of construction to finance water, wastewater, or reclaimed water utility system expansion and/or extension. (b) Revenue guarantees or other such arrangements as may make the expansion/extension self supporting. (c) Capacity reservation fees. (d) Pro rata allocation of water and wastewater plant expansion/main extension charges between two or more developers. 200 Nothing contained in this Section 6 is intended tolimit or abrogate the CITY's home rule authority to enter into contracts. Section 7. Easements and Other Rights. CITY shall have all rights, authority, privileges, easements, licenses, leaseholds, prescriptive rights, and rights to make all necessary excavations in and use public roads, rights-of-way, highways, streets, and other areas owned, held, and/or used in connection with the construction, reconstruction, installation, maintenance, and operation of the water, wastewater, and reclaimed utility systems (collectively "Easements"). COUNTY will assist CITY in obtaining any such Easements needed by CITY for performance of this Franchise Agreement. Any expense incurred by COUNTY in providing such assistance shall be reimbursed by CITY. Section 8. Consideration. In consideration of the Franchise Agreement and the other rights and privileges granted herein to CITY: (a) CITY shall provide, at its own expense, maintenance, repairs, and replacements of the City's water, wastewater, and reclaimed water utility systems and facilities necessary for the CITY providing water, wastewater, and reclaimed water utility services in the Unincorporated Service Area.. (b) For so long as the COUNTY complies with the terms of this Franchise Agreement and the Service Area Agreement, the CITY waives and shall not add to the rates, fees, and charges for water or wastewater utility service within the Unincorporated Service Area, the "outside city limits surcharge" authorized pursuant to section 180.191, Florida Statutes. (c) CITY shall not charge impact fees, connection charges, capacity charges, assessments, capital recovery charges, or any form thereof to customers within the Unincorporated Service Area that are existing and receiving service from the CITY on the Effective Date. The expense for any capital improvements undertaken by the CITY within the Unincorporated Service Area to serve such existing customers shall be borne solely and completely by the CITY. Notwithstanding the foregoing language to the contrary, such restriction on fees, charges, and other assessments shall not apply to any new connections for any new services or modification to any existing connection or service that results in an increase in service capacity, whether an existing or new customer or service address. (d) Pursuant to section 201.08.1, entitled "Fee -in -lieu -of -franchise fee," of the Indian River County Code of Ordinances, the CITY shall charge customers within the Unincorporated Service Area a fee -in -lieu -of -franchise fee of six percent (6.0%) on the gross revenues received by the CITY from the sale of water and wastewater utility services to such customers. (But specifically excluding sale of reclaimed water service). Such fee shall be shown on customer bills as a separate line item. Such fee is an acceptable, bargained -for fee, which is reasonably related to the value of the benefits given by the COUNTY and received by the CITY, and the expenses incurred by the 201 COUNTY, as a result of this Agreement. The CITY shall remit the fees collected to the COUNTY on a monthly basis. (e) There is no other CITY obligation or consideration for those rights granted under this Franchise Agreement to the COUNTY other than those specified hereinabove. Section 9. Service Standards. CITY shall construct, maintain, and operate all water, wastewater, and reclaimed water facilities and systems in accordance with the applicable regulations of the Federal Government and the State of Florida. The quantity and quality of water delivered shall at all times be and remain not inferior to the applicable standards for public water supply and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. The quantity and quality of wastewater service provided and sold shall at all times be and remain not inferior to the applicable standards for public wastewater service and other applicable rules, regulations and standards now or hereafter adopted by the Federal Government and the State of Florida. Excluding fire line service, the CITY shall supply all water to customers through meters which shall accurately measure the amount of water supplied in accordance with normally accepted utility standards. Section 10. Manner of Service. In providing service to customers within the Unincorporated Service Area, CITY shall: (a) Provide continuous (subject to unavoidable interruptions or outages), adequate, and customary water, wastewater, and reclaimed water utility services to customers contracting for such service. (b) Operate, regularly maintain, and promptly repair when necessary the water, wastewater, and reclaimed water utility facilities and systems in order to continue adequate service. (c) Maintain sufficient water pressure and water mains of sufficient size with fire hydrants and other facilities necessary to allow for fire protection. (d) Maintain wholesale emergency interconnect agreements and interconnects as appropriate in order to continue to provide adequate service in the event of outages, excessive demand, or other related events. (e) Deal with all customers in a manner no less favorable than CITY'S dealings with its customers served inside its own corporate boundaries. Section 11. Location of Facilities. All water, wastewater, and reclaimed water utility system facilities shall be so located and so constructed as to interfere as little as practicable with traffic over the streets, alleys, bridges, and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all such facilities shall be made under the supervision and with the approval of such representatives as the governing body of COUNTY may designate for the purpose, but 202 not so as unreasonably to interfere with the proper construction, maintenance, repair, or operation of the water, wastewater, or reclaimed water utility systems by CITY. When any portion of a street is excavated by CITY in the location or relocation of any utility facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation, be replaced by CITY at its expense, and in as good condition as it was at the time of such excavation. Provided, however, that nothing herein contained shall be construed to make COUNTY liable to CITY for any cost or expense in connection with the construction, reconstruction, repair or relocation of the utility facilities in streets, highways, or other public places made necessary by the widening, grading, paving or otherwise improving by COUNTY of any of the present or future streets, avenues, alleys, bridges, highways, easements, or other public places used or occupied by CITY. Notwithstanding the foregoing, CITY shall be entitled to reimbursement of its costs as may be provided by law, including but not limited to, grants, federal and state funds, leases, and bonds. Section 12. Liability and Indemnification. (a) The COUNTY shall in no way be liable or responsible for any accident or damage that may occur in the construction, installation, maintenance, or operation by CITY of the utility facilities hereunder, and approval of this Agreement by CITY shall be deemed an agreement on the part of CITY to indemnify and hold COUNTY harmless against any and all liability, loss, cost, damage, or expense which may accrue to COUNTY by reason of the negligence or misconduct of CITY in its performance of such construction, installation, maintenance, repair, or operation (but excluding to the extent any such claim is based on the negligence of COUNTY), including but not limited to attorneys' fees, experts' fees, and costs incurred for defending any and all such claims or suits against COUNTY, through trial and all appellate proceedings and proceedings for determination of entitlement to and amount of such fees and costs. Such indemnification obligation of CITY shall survive expiration or termination of this Agreement for any covered claim accruing prior to such expiration or termination. However, such obligation to indemnify COUNTY shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. (b) The CITY shall in no way be liable or responsible for any claim, damage, or suit arising from collection or remittance of any franchise fee or fee -in -lieu -of -franchise fee by the CITY pursuant to this Agreement, and the approval of this Agreement by the COUNTY shall be deemed an agreement on the part of the COUNTY to indemnify and hold the CITY harmless from any claims, damages, or suits resulting directly or indirectly from the collection and remittance of such fees by CITY (but excluding to the extent any such claim is based on the negligence of CITY), including but not limited to attorneys' fees, experts' fees, and costs incurred for defending any and all such claims or suits against CITY, through trial and all appellate proceedings and proceedings for determination of entitlement to and amount of such fees and costs. Such indemnification obligation of COUNTY shall survive expiration or termination of this Agreement. However, such obligation to indemnify the CITY shall be subject to the limitations set forth in section 768.28, Florida Statutes, as may be applicable. 203 Section 12. Assignment. Either Party may -assign this Agreement provided that the assignee assumes in writing all the assigning Party's obligations hereunder and such assignment is approved in writing by the non -assigning Party. Neither Party may unreasonably withhold its approval of an assignment of this Agreement. Section. 13. Time of the Essence. Time is of the essence in the performance of each and every provision of this Franchise Agreement. Section 14. Force Maieu re. Provisions herein to the contrary notwithstanding, CITY shall not be liable for the non-performance or delay in performance of any of its obligations undertaken pursuant to the terms of this Franchise Agreement, where said failure or delay is due to any cause beyond CITY's control including, without limitation, "Acts of God," unavoidable casualties, wars, riots, pandemics, and labor disputes. Section 15. Notices. Any delivery of notice required or permitted to be made hereunder may be made by personal delivery, courier, or mailing a copy thereof addressed to the appropriate Party as follows: If to INDIAN RIVER COUNTY County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 If to VERO BEACH City Manager City of Vero Beach 1053 20th Place Vero Beach, FL 32960-5359 Delivery when made by registered or certified mail shall be deemed complete upon mailing. Section 16. Default and Remedies. Failure on the part of either Party to comply in any material and substantial respect with any of the provisions or conditions of this Agreement shall be grounds for termination if Ninety (90) calendar days after written notice of such default the defaulting Party has failed or refused to correct the noticed noncompliance. However, should there be any dispute as to the validity of the grounds for termination, or should any other dispute arise between the Parties on the subject of this Agreement or its performance, the Parties shall utilize the dispute resolution process set forth in Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act, before availing themselves of any otherwise available legal rights. Notwithstanding the foregoing, the Parties in their own discretion may, but are not required to, grant such additional time to the other Party for compliance based on the circumstances. Section 17. Waiver of Compliance. Any term or condition of this Agreement may be waived by the Party that is entitled to the benefit thereof, but no such waiver shall 204 be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition. Any waiver by any Party of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained herein, in any one or more instances, shall not invalidate this Agreement, nor shall such waiver be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation, or warranty of this Agreement. Except for a written waiver as provided for herein, the failure of a Party to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights. A waiver by a Party of the time for performing any act shall not constitute a waiver of time for performing any other act or the time for performing an identical act required to be performed at a later time. Section 18. No Joint Venture or Agency. Nothing in this Agreement or- any exhibit or attachment hereto creates or is intended to create an association, trust, partnership, joint venture, or other entity or similar legal relationship among or between the Parties, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to the Parties. Neither Party is nor shall be deemed the agent or representative of the other Party in any instance whatsoever. Section 19. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties herein, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Section 20. Binding Affect. All of the provisions of this Franchise Agreement shall be binding upon and inure to the benefit of and be enforceable by the legal representatives, successors, assigns, and nominees of the parties. Section 21. Governing Law; Venue; Waiver of Jury Trial; Attorney Fees. This Agreement shall be construed, governed, and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute arising under this Agreement shall be in Indian River County, Florida. Each of the Parties hereto irrevocably waives its right to a jury trial with respect to any action or claim arising out of any dispute in connection with this Agreement or its performance, or otherwise related to the subject matter of this Agreement. The Parties shall each bear their own attorneys' fees, experts' fees, and costs in any dispute arising under this Agreement, except to the extend such fees or costs are recoverable pursuant to general law, including but not limited to section 57.105 and Chapter 164, Florida Statutes. Section 22. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future law, and if the rights or obligations of any Party under this Agreement will not be materially and adversely affected thereby, such provision shall be fully severable; this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision; the Parties shall negotiate in good faith to restore. insofar as practicable the benefits to each Party that were affected 205 by such ruling and to include as a part of this Agreement a legal, valid, and enforceable provision as similar in terms to such illegal, invalid, or unenforceable provision as possible. Such modified provision shall be adopted by the Parties as provided herein for amendments. Section 23. Entire Agreement; Amendments; Counterparts. This instrument constitutes the entire agreement between the Parties and, except as to the Service Area Agreement referenced herein as subsequently modified, supersedes all previous discussions, understandings, and agreements between the Parties relating to the subject matter of this Agreement. Amendments to the provisions of this Agreement shall be made by the Parties only by written formal amendment which amendments shall require approval by the Board of County Commissioners of the COUNTY and the City Council of the CITY. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. Nothing contained in this Agreement is intended to affect or supersede the terms and conditions of the Service Area Agreement. SIGNATURE PAGE FOLLOWS 206 IN WITNESS THEREOF, the parties have set their hands and seals the date entered below. ATTEST: Tammy K. Bursick, City Clerk (SEAL) Reviewed as to form and legal sufficiency: John Turner City Attorney BY: CITY OF CITY Mayor Tony Young Date: Approved as conforming to municipal policy: Monte K. Falls, P.E. City Manager BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA By: Susan Adams, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney 207 MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 28, 2020 SUBJECT: Indian River County Hospital District and Indian River County Right -of -Way Dedication Agreement BACKGROUND. 37th Street is a vital corridor in Indian River County, as it is the primary point of access to the Cleveland Clinic Indian River Hospital and to a large number of medical -related facilities and businesses. The road is rapidly approaching capacity, and widening 37th Street presents a number of construction and operational challenges. On June 18, 2019, the Indian River County Board of County Commissioners (the "Board") authorized staff to proceed with procurement of design services and right-of-way acquisition activities for Aviation Boulevard Extension, which would connect the intersection of US 1 at Aviation Boulevard directly to 37th Street, along the west perimeter of the hospital campus and extend north of 37th Street to 41 st Street. This project is designed to offset the need to widen 37th Street. In the report presented to the Board for the June 18, 2019 Board meeting, County staff noted that the County had identified available right-of-way on the Indian River County Hospital District (the "District") campus (the existing western perimeter driveway/corridor) and was proposing a slight westward reconfiguration of the intersection of McCrystal Drive and 37th Street to line up with the new roadway north of 37th Street. County staff explained that the remaining right-of-way on McCrystal Drive is owned by the District, which will enter into a dedication agreement with the County once alignment particulars are laid -out and a draft agreement is worked out. Since that Board meeting, County staff has negotiated a right-of-way dedication agreement with the District. Per the agreement, the District will convey fee simple title to the property needed for 11th Drive to the County by December 1, 2020. In exchange, the District will convey 36th Street to the County and County will accept ownership and maintenance responsibility of 36th Street as a public right-of-way. The County acceptance will include the drainage infrastructure located within the right-of-way, however, the ultimate treatment of the drainage from the right-of-way, will remain the responsibility of the District. On September 17, 2020, the District Board approved the right-of-way dedication agreement. 208 Board of County Commissioners September 28, 2020 Page 2 Public Works has evaluated the cost for addressing the current condition of 36th Street. The roadway needs some curbing replaced, the roadway milled and resurfaced, signage replaced and striping installed upon the completion of resurface. The estimated cost to complete the above improvements to 36th Street is approximately $275,000. Also evaluated was the current driveway that connects to 37th Street and continues south to the southern boundary of the Hospital district. While this roadway will be reconstructed as part of the 11th Drive construction project currently under design, it is estimated that $50,000 of maintenance will be necessary to bring the roadway up to minimal standards for a County designated roadway. The total upfront cost for improvements for 11th Drive and 36th Street will be $325,000, with yearly additional on-going maintenance costs. Public Works has also evaluated the right-of-way that the Hospital District will convey to the County. The Hospital District will convey two separate parcels to the County, totaling 2.91 acres, for right-of-way to realign and construct 11th Drive. It is anticipated that 11th Drive will be a north/south collector roadway which will connect to US -1 at Aviation Boulevard in the future. Based on a recent appraisal from the north section of 11th Drive, the per acreage cost is $144,009 which results in a calculated value of $419,006. FUNDING. Funding for improvements to 36th Street and 11th Drive in the amount of $325,000 is available in the Optional Sales Tax Fund/ Aviation Extension to US -I project/ Construction account 31521441-066510- 13009. RECOMMENDATION. The County Attorney's Office recommends the Indian River County Board of County Commissioners approve the right-of-way dedication agreement and authorize the chair to execute the same. ATTACHMENT Indian River County Hospital District and Indian River County Right -of -Way Dedication Agreement 209 Indian River County Hospital District and Indian River County Right -of -Way Dedication Agreement This Right -of -Way Dedication Agreement (hereinafter "Agreement") is made and entered into this day of , 2020, by and between Indian River County Hospital District, an Independent Special District of the State of Florida, County of Indian River (hereinafter "Hospital District"), and Indian River County, Florida, a political subdivision of the State of Florida (hereinafter "County"). Recitals WHEREAS, the Hospital District was established in 1961 by a special act of the Florida Legislature; and WHEREAS, the primary purpose of the Hospital District is to provide funding to healthcare facilities in Indian River County for the benefit of the public, along with indigent residents of Indian River County; and WHEREAS, the Board of County Commissioners of Indian River County has adopted .and updated the Capital Improvement Element to its Comprehensive Plan to include funding for a specific project tentatively called the Aviation Boulevard Extension/11th Drive (hereinafter 11 th Drive") as an extension between US 1 and 41 st Street as part of the alternative to widening 37th Street; and WHEREAS, the proposed 11th Drive goes through Hospital District property; and WHEREAS, the Hospital District also owns 36th Street, which is a private road not maintained by the County; and WHEREAS, the County is willing to accept ownership and maintenance responsibility of 36th Street in exchange the Hospital District conveying the land needed by the County for 11th Drive, NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, Hospital District and the County hereby agree as follows: Section 1. The foregoing recitals are true and incorporated as if fully restated herein. Section 2. Hospital District shall convey fee simple title with no encumbrances to 36th Street and to that property needed for 11th Drive, which property is more particularly described in Exhibit "A" by December 1, 2020. Section 3. After the Hospital District conveys to County that portion of 11th Drive in the time frame set forth above, County shall accept ownership and maintenance responsibility of 36th Street as a public right-of-way. The County acceptance includes the drainage 210 infrastructure located within the right-of-way, however, the ultimate treatment of the drainage from the right-of-way, shall remain the responsibility of the Hospital District. Section 4. Hospital District and the County shall grant each other further assurances and provide such additional documents as may be reasonably required by one another from time to time and fully cooperate with one another, in order to carry out the terms and conditions of this Agreement. Section 5. This Agreement may be executed in any number of duplicate originals and any such duplicate original shall be deemed to constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. INDIAN RIVER COUNTY HOSPITAL DISTRICT Ann Marie Suriano, Executive Director Date: Marybeth Cunningham, Chairwoman Date: INDIAN RIVER COUNTY, FLORIDA in Susan Adams, Chairman Board of County Commissioners Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller an Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Jason E. Brown, County Administrator 211 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description BEING A PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE SOUTH 00'03100" WEST, ALONG THE WEST LINE OF SAID SECTION 36 (SAID LINE ALSO BEING THE EAST LINE OF SECTION 35, TOWNSHIP 32 SOUTH, RANGE 39 EAST) A DISTANCE OF 75.00 FEETTO THE SOUTH RIGHT OF WAY LINE OF 37th STREET (BEING A 130 FOOT WIDE RIGHT OF WAY) AS SHOWN ON THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION'S RIGHT OF WAY MAP, SECTION 88511-2601, LAST REVISION MARCH 02, 1976 AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE NORTH 89"45'46" EAST, ALONG THE SOUTH RIGHT OF WAY LINE OF SAID 37th STREET ( SAID LINE BEING 75.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 36) A DISTANCE OF 90.00 FEET; THENCE DEPARTING SAID SOUTH RIGHT OF WAY LINE, SOUTH 00'03'00" WEST, ALONG A LINE THAT IS 90.00 FEET EAST OF, AND PARALLEL TO, THE WEST LINE OF SAID SECTION 36, A DISTANCE OF 1254.28 FEET TO THE SOUTH LINE OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 36; THENCE SOUTH 89"50'47" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 90.00 TO THE SOUTHWEST CORNER OF THE NORTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 36; THENCE NORTH 00°03'00" EAST, ALONG THE WEST LINE OF SAID SECTION 36, A DISTANCE OF 1254,15 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID 37th STREET AND THE POINT OF BEGINNING. CONTAINING 112,879 SQUARE FEET, (2.59 ACRES) MORE OR LESS Surveyor's Notes 1).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS, WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE NORTH LINE OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST. SAID LINE BEARS NORTH 89°45'46" EAST AND ALL OTHERS ARE RELATIVE THERETO. v� -v INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 06/04/2020 R. INGLETT SCALE: APPROVED BY: N A D.SILON SHEET: OB NO: OF 4 2001. �J-lt Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "A" 212 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY Legend and Abbreviations SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND I.R.F.W.C.D. =INDIAN RIVER FARMS BELIEF. WATER CONTROL DISTRICT L = LENGTH OF ARC I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF (P) = PLAT PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF PBS = PLAT BOOK ST. LUCIE SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, Q=DELTA ANGLE PURS ANT TO SECTION 472.027 FLORIDA STATE STA S. SQ. FT. = SQUARE FEET �r R!W = RIGHT-OF-WAY DAT nFcir,NnTtiRc PROFESSIONAL SURVMR AND MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO. 4864 v� -v INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT. ENGINEERING DIV. DATE: DRAWN BY: 06/04/2020 R. INGLETT SCALE: APPROVED BY: N A D.SILON SHEET: OB NO: OF 4 2001. �J-lt Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "A" 212 Sketch and Legal Description for: INDIAN RIVER COUNTY INDIAN RIVER COUNTY, FL PUBLIC WORKS _-DEPT. ENGINEERING DATE: DRAWN BY: 06/04/2020 R. INGLETT SCALE: APPROVED BY: N/A D.SILON SHEET: POB NO: { L ,A# Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "All 213 RIGHT OF WAY INE Point o f' ��` 2� h SOUTH LINE SECTION 25, TOW NSHIP 32 SOUTH. RANGE 39 EAST Commencement N89 -45.46"E BEARING BASE NORTHWEST CORNER SECTION 36, TOWNSHIP 32 SOUTH. RANGE 39 EAST 35 36 , ORTH UNE SECTION 36, 37th Street TOWNSHIP 32 SOUTH, RANGE 39 EAST SOO'03'00"W - 75.00' SOUTH RIGHT OF WAX_jjNE Point of Beginning W PARCEL 801 20' RIGHT OF WAY O.R.B. 553, PG. 2837 `d" O 10' UTILITY AND DRAINAGE EASEMENT PARCEL 'A" In O O O.R.B. 573, PG. 2081 10' PUBLIC UTILITY EASEMENT 20' UTILITY AND DRAINAGE EASEMENT O.R.B. 573, PG. 2081 CO O.R.B. 586, PG. 2453 V) In �J NORTHWEST 1/4 OF �/<10 w/[C� THE NORTHWEST 1/4 ��Q; o SECTION 36. 32 SOUTH, RANGE 39 EAST > �.. Lj 00 'TOWNSHIP N :" / < N INDIAN RIVER HOSPITAL DISTRICT c14 32-39-36-00000-3000-00001.0 a/ 1000 36th STREET I- 1 M W >O p N 1 NOT TO SCALE M 0) o co N N O Z o Legend and Abbreviations ,sa I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC 3 (P) = PLAT PBS = PLAT BOOK ST. LUCIE d A=DELTA ANGLE O O SQ. FT. = SQUARE FEET In p R = RADIUS RNV = RIGHT-OF-WAY SOUTH LINE OF GROVE 00 PLACE MEDICAL PARK _ SOUTH LINE OF THE N.W 1/4 OF THE N.W. 1/4 SOUTHWEST CORNER OF THE N.W. 1/4 SECTION 36, TOWNSHIP 32 SOUTH, RANGE 39 EAST OF THE N.W. 1/4 SECTION 36, --- TOWNSHIP 32 SOUTH, RANGE 39 EAST This is not a Boundary Survey INDIAN RIVER COUNTY, FL PUBLIC WORKS _-DEPT. ENGINEERING DATE: DRAWN BY: 06/04/2020 R. INGLETT SCALE: APPROVED BY: N/A D.SILON SHEET: POB NO: { L ,A# Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "All 213 Sketch and Legal Description for: INDIAN RIVER COUNTY Legal Description (RIGHT OF WAY ACQUISITION) BEING A PARCEL OF LAND LYING IN SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY FLORIDA, SAID PARCEL ALSO BEING A PORTION OF THOSE LANDS AS DESCRIBED IN OFFICIAL RECORD BOOK 824, PAGE 213, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 25; THENCE NORTH 00°08'33" EAST, ALONG THE WEST LINE OF SAID SECTION 25 (SAID LINE ALSO BEING THE EAST LINE OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST) A DISTANCE OF 55.00 FEET TO THE NORTH RIGHT OF WAY LINE OF 37th STREET (BEING A 130 FOOT WIDE RIGHT OF WAY); THENCE NORTH 89°4546" EAST, ALONG SAID NORTH RIGHT OF WAY LINE (SAID LINE BEING 55.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 25) A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF LOT 2, CGN SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGE 38, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE DEPARTING SAID NORTH RIGHT OF WAY LINE, NORTH 00'08'33" EAST, ALONG THE EAST LINE OF SAID LOT 2 (SAID LINE BEING 30.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF SAID SECTION 25) A DISTANCE OF 373.87 FEET TO A POINT OF CUSP AND THE BEGINNING OF A NON—TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 178.43 FEET, FROM WHICH THE CHORD BEARS SOUTH 13°50'58" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE; THROUGH A CENTRAL ANGLE OF 27°59'02", A DISTANCE OF 87.15 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 249.21 FEET; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 27'59'02", A DISTANCE OF 121.72 FEET TOTHE CURVES END; THENCE SOUTH 00'08'33" WEST, ALONG A LINE THAT IS 80.00 FEET EAST OF AND PARALLEL WITH, THE WEST LINE OF SAID SECTION 25, A DISTANCE OF 172.88 FEET TO THE NORTH RIGHT OF WAY LINE OF SAID 37th STREET; THENCE SOUTH 89°45'46" WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 50.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2 AND THE POINT OF BEGINNING. CONTAINING 13,959 SQUARE FEET, (0.32 ACRES) MORE OR LESS Surveyor's Notes 1).THIS LEGAL DESCRIPTION SHALL NOT BE VALID UNLESS: (A) PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS. WITH SHEET 2 SHOWING THE SKETCH AND LEGAL DESCRIPTION. (B) REPRODUCTIONS OF THE DESCRIPTION AND SKETCH ARE SIGNED AND SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2). THE BEARINGS SHOWN HEREON ARE REFERENCED TO THE SOUTH LINE OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST. SAID LINE BEARS NORTH 89°45'46" EAST AND ALL OTHERS ARE RELATIVE THERETO. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC (P) = PLAT PBS = PLAT BOOK ST. LUCIE O=DELTA ANGLE SQ. FT. = SQUARE FEET R = RADIUS RNV = RIGHT-OF-WAY This is not a Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA P OFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FL C l I ADMINISTRATIVE CODE, PUBS ANT T EON 472.027 FLORIDA STATE STAWAS oA)DATE OF SIGNATUR �/ E AH S 6i PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 4864 INDIAN RIVER COUNTY, FL SUC WORKS DEPT./ENGINEERING DIV. 2020 1 40 R. INGLETT Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "A'► 214 I' 1.0 Sketch and Legal Description for: INDIAN RIVER COUNTY LOT 2 S89'45'46"W 50.00' N89'45'46"E - 30.00 N.00'08'33"E - 55:00' 26 Point of Commencement 35 SOUTHWEST CORNER SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST is not a BOundary Su I Co W tin c ;.� M vii Q 00 00 O '100 M o a �o NOT TO SCALE. ,&=27'59'02" -R=178.43' L=87.15' CB=S 13'50'58"E INDIAN RIVER HOSPITAL DISTRICT A=27059'02" 32-39-2 9 00000 55000-00003.2 TREET /—R=249.21' L=121.72' Legend and Abbreviations 00 C.B. = CHORD BEARING 00 L = LENGTH OF ARC, IW Z JN (P) = PLAT Z W) w A=DELTA ANGLE .J M M IC, Q 1— R = RADIUS M M cV w " I0< LL O �Z LL ©IFM 0z 1=< N'zi O I" W US W V). � ~ s it w� z p WZ) z. p W w O JV �N NO Z. O' V)' Nn 0¢ Wx a. 0 �o 10 CGN Subdivision kz_ (PLAT BOOK 13, PAGE 38) INDIAN RIVER COUNTY 32-39-26-00012-0000-00002.0 1200 37th STREET LOT 2 S89'45'46"W 50.00' N89'45'46"E - 30.00 N.00'08'33"E - 55:00' 26 Point of Commencement 35 SOUTHWEST CORNER SECTION 25, TOWNSHIP 32 SOUTH, RANGE 39 EAST is not a BOundary Su I Co W tin c ;.� M vii Q 00 00 O '100 M o a �o NOT TO SCALE. ,&=27'59'02" -R=178.43' L=87.15' CB=S 13'50'58"E INDIAN RIVER HOSPITAL DISTRICT A=27059'02" 32-39-2 9 00000 55000-00003.2 TREET /—R=249.21' L=121.72' Legend and Abbreviations 00 C.B. = CHORD BEARING 00 L = LENGTH OF ARC, 04 (P) = PLAT PBS = PLAT BOOK ST. LUCIE A=DELTA ANGLE 3 SQ. FT. = SQUARE FEET G R = RADIUS M M RNV = RIGHT -0F --WAY 00 0 0 O N. NORTH RIGHT OF WAY LINE Point Of ' SOUTH LINE SECTION 25. 2C 21 TOWNSHIP 32 SOUTH. RANGE 39 EAST J Be inning ' g N89-45 46"E (BEARING EASE SOUTHEAST COR ER 36 OF LOT 2 - TOWNSHIP LINE SECTION 36. ' ' P 32 SOUTH, RANGE 39 EAST 37th Street INDIAN RIVER COUNTY FL BLIC WORKS DEPLANGINEERING DIV. UAIt: UKAYYN t5T: 06/08/_ 2020 R. INGLETT SCALE: APPROVED BY: EET:�1OB NO: 4 OF 4 j . SCHRYVER• Sketch and Legal Description for: INDIAN RIVER COUNTY EXHIBIT "A" 215 11F, October 6, 2020 Item No. 14. E. 1. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 30, 2020 SUBJECT: A Conservation Lands Referendum to Fund the Capital and Land Purchases Necessary to Conserve and Restore the IR Lagoon and County Conservation Lands. FROM: Bob Solari Commissioner, District 5 Months back some were talking about another Conservation Lands Bond Referendum. With about 30% of the land in the County now conservation lands and off the taxroll, it is debatable whether or not more single purpose conservation lands are necessary. What is necessary' is the work required to stop the damage that has been done to our land and waters and to return them to a healthier state. In short, while we may not need more conservation lands, we need to properly conserve and restore those lands and waters that we do have. This will be an expensive project. Just to return the Lagoon to an exceptable state will cost well over $100,000,000. We cannot wait upon an acceptable BMAP, nor should we take the 20 years possibly allowed by a BMAP to restore the Indian River County portion of the Lagoon. As we have been for well over the past decade, we should continue to be a leader in restoring the Lagoon and other County conservation lands owned by the County to better health. My suggestion is that over the next year, as the BCC continues its work on the Indian River Lagoon Plan and thinks about the future of the County's conservation lands, it considers a conservation bond referendum the proceeds of which to be used for capital projects and the land necessary for them to conserve and restore the Indian River Lagoon to a healthier state and to:better conserve and protect the conservation lands that the County now owns. Thank you, -0 -07 216 The Broken BMAP Process The BMAP Process for the "Central Indian River Lagoon Basin Management Action Plan, known as the BMAP, has been going on for longer than the nearly 12 years that I have been a Commissioner. Given how important the process should be, I have tried to at least gain a high level understanding of it. I want to make clear that I do not know much about the work a day details nor do I have an understanding of the models, which will be mentioned, which determine the allocations of load to the BMAP partners. You will have to get with a much more knowledgeable member of our staff to help you with that. Having difficulty understanding the plan, when visiting FDEP in Tallahassee in 2012 to discuss nutrients, I asked an FDEP staff person if they could put together a BMAP summary specific to the Indian River County portion of the BMAP plan, suitable for an elected official. The result was the "Central Indian River Lagoon Basin Management Plan Fact Sheet for Indian River County" which I found to be understandable and useful, and which I used as a baseline going forward. Some of important points from the Fact Sheet are, First, "The TMDL (Total Maximum Daily Load — the amount of nitrogen and phosphorus that FDEP would allow to go into the Lagoon) requires a reduction in TN loading of 51 percent and a total reduction in TP loading of 47% from the loading generated from year 2000 landuses." (p. 3-4) I'll use the overhead to help explain that. Importantly, "FDEP did not assign specific allocations to partners for the first iteration of the BMAP. (p.4) Unfortunately, as the Fact Sheet states: Agriculture and urban stormwater runoff are managed through best management practices or BMPs. (p.5) Given the Fact Sheet information one could only approximate the total nitrogen reduction that Indian River County would be responsible for. My guestimate, after subtracting possible reductions to be made by our BMAP partners was that IRC would be responsible for a reduction of about 100,000 pounds of nitrogen. Z10 -f /d -(,-,-- 145 ( Time passed. I actually thought we had an actual BMAP in place and that around 2018 the first five year progress report would be do. Meanwhile I knew that IRC was aggressively moving ahead with cutting edge nutrient reduction projects to surpass the requirements of the plan. . I was appointed to the CRC. When that work was done in 2018 1 thought it best to catch up with the BMAP process. Around the summer of 2018 1 asked a staff member for the latest he had from FDEP on the BMAP. What I got was 12/2/15 Draft document, "Water Control District (WCD) Allocation Summary: This document summarizes the difference in load allocations to the Water Control Districts, Improvement District, and counties located within the Central Indian River Lagoon Basin Management Action Plan based on using different WCD boundaries. Water Control District allocations were originally and correctly calculated "using the respective WCD jurisdictional boundaries.". But, "based on conversations with representatives of the WCD's, the Florida Department of Environmental Protection agreed to explore an allocation calculation methodology where the WCD allocation would be based only on their right-of-ways..." This one sided process resulted in a massive shift in responsibility from the IRFWCD to Indian River County from 91,602 pounds of N to 224,100 pounds of N annually— and Indian River County was not part of the conversation. And it was at about this time when I realized that we still actually had no BMAP. Later in 2018 1 was in Tallahassee and discussed water issues with FDEP. At that time, I asked for an update of the 2013 1 R centric Fact Sheet. 1 was told that I would get one. What I received was a not helpful February 2019 Draft of the 2015 Draft with an added paragraph at the start and a couple paragraphs added at the end. This draft did say on the last page: "Brevard County has separately been developing a model called the.Surface Water Iterative Loading (SWIL) Model. Nowhere does it say that the Swil model will be used to determine IRC's allocation, nor that it has been working with IRC on this model. Z[V- l o : f-,5, - ao 14-61 In the penultimate paragraph it does say: "However instead of setting a required reduction for the loading coming from those [WCD] ROWs, the proposed approach is to require each WCD to follow a list cf applicable canal and ROW BMP's." For the Indian River Farms Water Control District this means that their prior 2015 responsibility for an annual load of 129,111 pounds of total nitrogen — has effectively disappeared. And yet, it gets worse. FDEP is now saying it will impose the Brevard County SWIL Model, a model which was not designed for IRC and without IRC's input, on Indian River County. This will raise our allocation by another almost 100,000 pounds of TN annually. Basically, somewhere along the line FDEP's BMAP process broke. FDEP is now trying to ram down a fix by placing almost the entire responsibility on the back of Indian River County. It has done so in an arbitrary and capricious fashion and with little input from Indian River County. The way FDEP has managed the BMAP process is no better than the way it dealt with biosolids, and no better than the way it set up and operated the Biosolids TAC: To anyone who has followed that process down to last Friday morning's biosolids webinar understands that FDEP choose a political solution rather than an environmentally sound solution for the biosolids problem. It's BMAP process has been no better. In light of the flawed process to date, and especially given the September 17, 2020 letter to Rich Szpyrka from FDEP, which states in part, despite IRC's comments and objections to the process, that; "... DEP plans to continue the update to the Central IRL BMAP ... with the goal or adopting the revisions by December 31, 2020.".1 believe that our Staff needs some outside help to insure that Indian River County gets a reasoned, scientifically based and equitable outcome from the BMAP process. I would now like Mr. Szprka to present some additional information. Therefore, I would like to make a motion that we authorize the County Administrator to hire an outside consultant or attorney to help our staff work with the FDEP in order to arrive at scientifically based TN and TP loads for the Indian River County portion of the Indian River Lagoon and to help set equitable and science based or at least reason based removal allocations for all the partners of the BMAP process. 2-1(,,o,-3