HomeMy WebLinkAbout01/05/20214
OR V A
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 5,2021 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator
Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney
Commissioner Susan Adams, District I Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Commissioner Joseph H. Earman, District 3
Commissioner Laura Moss, District 5
This meeting can be attended virtually via Zoom. Instructions can be found at the
end of this agenda and also online at www.ircgov.com.
1. CALL TO ORDER
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.13. INVOCATION
Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan
3.A. CONSTITUTIONAL OFFICERS OATH OF OFFICE
The Honorable David C. Morgan, County Judge, Nineteenth Judicial Circuit Court of
Florida
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Deborah Gee on Her Retirement From the
Indian River County Office. of the Tax Collector With 38 Years and 8 Months of
Service
Attachments: Proclamation
January 5, 2021 Page 1 of 7
6. APPROVAL OF MINUTES
6.A. Final Budget Hearing of September 23, 2020
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. Order PSC -2020 -0448 -TRF -EI approving FPL's COVID-19 small business
assistance program
Attachments: FPSC Doc No 13371-2020
7.B. Florida Public Service Commission Consummating Order PSC -2020 -0508 -TRF -EI
approving FPL's petition for proposed disposition of voluntary solar partnership
rider and approving revised tariff
7.C. Order PSC -2020 -0512 -TRF -EI granting FPL's proposed optional vehicle public
charging pilot tariffs, effective 1/1/21
7.D. Appointment of New District 1 Representative to Children's Services Advisory
Committee (CSAC)
Attachments: Commissioner's Memo
7.E. St. Johns River Water Management District (SJRWMD) 2021 Governing Board
Meeting Schedule
Attachments: SJRWMD 2021 meeting schedule
7.F. Notice of Amendment No. 2 - Florida Department of Environmental Protection,
Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh
Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ219
Attachments: Staff Report
Amendment Number 2 to Agreement No. CZ219
7.G. Indian River County Venue Event Calendar Review
Attachments: Event Calendar
7.H. Update on Brightline Trains Expenses
Attachments: Staff Report
Brightline Trains Expenses
7.I. 2021 Treasure Coast Regional Planning Council Comprehensive Economic
Development Strategy Committee (TCRPC CEDS) District Appointment Member
Listing
Attachments: Commissioner's Memo
2020-2021 CEDS Appointments
7.1 Children's Services Advisory Committee - District 5 Appointment
Attachments: Staff Report
January 5, 2021 Page 2 of 7
8. CONSENT AGENDA
8.A. Checks and Electronic Payments December 4, 2020 to December 10, 2020
Attachments: Finance Department Staff Report
8.B. Checks and Electronic Payments December 11, 2020 to December 17, 2020
Attachments: Finance Department Staff Report
8.C. Public Official Bond for Eric S. Flowers as Sheriff
Attachments: Public Official Bond Memo - Flowers
Public Official Bond for Sheriff Eric S. Flowers
8.D. Request by Catherine Mary Blum and Brendon R. Blum for release of an easement
located at 4531 7th Place SW
Attachments: Staff Report
Location Map
Resolution
8.E. Request by 63rd Street Group, LLC for release of an easement located at 4400
77th Street
Attachments: Staff Report
Location Map
Proposed Resolution
8.F. Resolutions Cancelling Taxes on Properties Purchased for Public Purpose:
Right -Of -Way for 66th Avenue from Marsha A. Kinchen, an Unmarried Woman and
Marvin Kenneth Kinchen, an Unmarried Man; and Kinchen Groves, Inc., a Florida
Corporation
Attachments: Staff Report
Resolution (Marsha and Marvin Kinchen)
Resolution (Kinchen Groves, Inc.)
&G. Professional Roof Design and Evaluation Consulting Services, RFQ No. 2020031
Attachments: Staff Report
Sample Agreement
Rate Schedules - Exhibit A
8.H. Work Order No. 15 - Morgan & Eklund, Inc. 2021 Beach Profile Monitoring
Surveys (WINTER)
Attachments: Staff Report
Morgan and Eklund WO No. 15
Work Order No 15 Agreement
January 5, 2021 Page 3 of 7
N
8.I. Work Order No. 16 - Morgan & Eklund, Inc. 2021 Beach Profile Monitoring
Surveys (SUMMER)
Attachments: Staff Report
Morgan and Eklund WO No. 16
Work Order No. 16 Agreement
8.J. Approval of FY 2020/2021 and FY 2021/2022 Radiological Emergency
Preparedness Agreement (REP Grant)
Attachments: Staff Report
FPL Agreement
Grant Form
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of
Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River
County, Codifying and Publishing the Ordinances to Readopt the Code up to and
Including Supplement 137 - LEGISLATIVE
Attachments: Staff Report
Proposed Ordinance
10.A.2. Amending Section 401.07 (The Indian River County Wind Borne Debris Region
and Basic Wind Speed Map) of Part I (Standard Codes Generally) of Chapter
401 (Building Codes) of the Code of Indian River County, to Adopt an Amended
Wind Speed Map - LEGISLATIVE
Attachments: Staff Report
Current—Exhibit 1 -IRC Wind Speed Map Risk Categories 1-4
New—Exhibit 1 -IRC Wind Speeds Risk Categories 1 - 3 Map
New -Exhibit 2 -IRC Wind Speeds Risk Category 4 Map
Proposed Ordinance
B. PUBLIC DISCUSSION ITEMS
10.13.1. Request to Speak from Deborah Cooney Re: Settlement,Offer
Attachments: Public Discussion Request Cooney
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. Provide Update Regarding COVID-19 Vaccinations
January 5, 2021
Page 4 of 7
11.B. CARES Act 2.0 - Proposed Spending Plan
Attachments: Staff Report CARES Act 2.0
IRC CARES Act $28M Spending Plan
Extension to CARES ACT Agreement - Cleveland Clinic
Extension to CARES ACT Agreement - IRSC
Extension to CARES ACT Agreement - SRA
Extension to City of Fellsmere CARES Act Agreement
Extension to City of Sebastian CARES Act Agreement
Extension to COVB CARES Act Agreement
Extension to Health Department CARES Act Agreement
Extension to Town of Indian River Shores CARES Act Agreement
Extension to Town of Orchid CARES Act Agreement
Extension to Treasure Coast Food Bank CARES Act Agreement
Amendment to CARES ACT Agreement - SRA
Amendment to City of Fellsmere CARES Act Agreement (2nd)
Amendment to City of Sebastian CARES Act Agreement - Second
Amendment to COVB CARES Act Agreement (Second) (002)
Amendment to Town of Orchid CARES Act Agreement - Second
Amendment to Treasure Coast Food Bank CARES Act Agreement
Amendment to United Way CARES Act Agreement (Second)
Extension to United Way CARES Act Agreement
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
12.B.1. Approval of Renewal of the 800 MHz Communications System Master Service
Agreement with Communications International, Inc.
Attachments: Staff Report
Contract FY2021--Master Service agreement
CPI Letter
12.B.2. Approval of Extension of the Public Safety Communications System FX
Software Services Agreement
Attachments: Staff Report
FX Software Quote FY 20-21
FX Software Services Agreement
FX Software Agreement Extension Letter
C. General Services
January 5, 2021 Page 5 of 7
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
12.H.1. Sole Source for Aqua Aerobic Systems Inc.
Attachments: Staff Report
Aqua Aerobic Systems Inc Service Proposal #159824
Sole Source Letter Aqua Aerobic Systems Equipment
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Peter D. O'Bryan, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph H. Earman
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
January 5, 2021 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.ircizov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12: 00 Noon to 5:00 p.m.
January 5, 2021 Page 7 of 7
�4
PROCLAMATION
HONORING DEBORAH GEE ON HER RETIREMENT
FROM THE INDIAN RIVER COUNTY OFFICE OF THE TAX COLLECTOR
WITH 38 YEARS AND 8 MONTHS OF SERVICE
WHEREAS, Debbie retired from the Indian River County Tax Collector's Office effective June 30, 2020; and
WHEREAS, she was employed with Tax Collector's Office since October 21, 1981, starting her career as a
switchboard operator and finishing as Director of Taxes and Licenses; and
WHEREAS, Debbie has served the County, the State, and the public with distinction, dedication, and
selflessness, earning praise from both current and former Tax Collectors and her co-workers; and
WHEREAS, Debbie has been praised by Tax Collector Carole Jean Jordan, who stated, "Debbie Gee is
everything for which a resident visiting our office could hope -- patient, kind, knowledgeable, and experienced.
She is a talented leader with a love of service to humanity. Her signature combination of warmth and decades of
experience uniquely positioned her to be an asset to our office and community. Her retirement leaves a void in
our office that cannot be replaced"; and
WHEREAS, Debbie has been praised by Clerk of the Circuit Court Jeff Smith, who stated, "I congratulate Debbie
on a spectacular career. She has been the rock for four tax collectors and one pain -in -the -butt Assistant Tax
Collector (that would be me). Her tax knowledge and constant regard for the taxpayers define the phrase "public
servant." She has the admiration of her staff and respect from her supervisors. She has consistently given her all
for our residents; it's an honor to have worked with her and call her a friend"; and
WHEREAS, Debbie has been praised by former Tax Collector Charles Sembler, who stated, "Debbie Gee, by
far, is one of the best, most intelligent, hard-working public servants I've had the honor and privilege to work with.
She has always conducted herself with dignity and grace, and sincerely feels empathy for the public that she has
served so well. Indian River County is a better place because of her'; and
WHEREAS, Debbie was praised by former Tax Collector Karl Zimmerman, who stated, "Debbie is extremely tax -
knowledgeable from both a technical and historical prospective. Debbie was always a team player and
respected manager. She only disappointed once, when she declined to run as my replacement!"
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the Board applauds her efforts, expresses its appreciation for the
dedicated service she has given to Indian River County for the last 38 years and 8 months, and extends
heartfelt wishes for success in her future endeavors!
Adopted this 5th day of January, 2021.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph E. Flescher, Chairman
1
DOCUMENT NO. 13371-2021
jfPSC -:COMMISSION CLERI
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of a COVID-19 DOCKET NO. 20200227 -EI
small business assistance program, by Florida ORDER NO. PSC -2020 -0488 -TRF -EI
Power & Lig t Company. ISSUED: December 11, 2020
The following Commissioners participated in the disposition of this matter:
GARY F. CLARK, Chairman
ART GRAHAM
JULIE I. BROWN
DONALD J. POLMANN
ANDREW GILES FAY
ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S
COVID-19 SMALL BUSINESS ASSISTANCE PROGRAM
BY THE COMMISSION:
On October 15, 2020, Florida Power & Light Company (FPL or utility) filed a petition
requesting approval of its Main Street Recovery Credit Program Rider (MSR). The proposed
tariff is designed to provide financial assistance to small business customers impacted by the
COVID-19 global pandemic. Specifically, the proposed tariff would allow qualifying General
Service,. General Service Time of Use, and General Service Constant Usage customers to receive
a 10 percent credit toward their monthly bill through December 31, 2021. FPL is requesting our
consideration on an expedited basis to allow the tariff to be effective for eligible customers the
month following our approval.
On October 16, 2020, FPL filed a revised tariff sheet No. 8.010, Index of Rate Schedules,
to correct a scrivener's error in its initial filing. The proposed Tariff Sheet Nos. 8.010 and 8.805
in legislative format are shown in Attachment A to this order. During the review of this petition,
Commission staff issued a data request to FPL for which responses were received on November
4, 2020: We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and
366.06, Florida Statutes (F.S.).
DECISION
The impact of the COVID-19 pandemic on Florida's economy has been broad and far-
reaching. In response to the economic challenges resulting from recent events, FPL has taken
various actions to assist customers affected by the pandemic and its impact on the economy.
FPL stated that it took many measures and initiatives at the onset of the pandemic to address the
needs of its customers and continues to evaluate opportunities to provide additional support.
The utility noted that certain segments of its small business customer population,
especially those in underserved and lower income communities, have been impacted by the
COVID-19 pandemic due to required long-term closures and reductions of in-person patronage.
In an effort to provide financial assistance to its small business customers, FPL proposed a new
initiative, the Main Street Recovery Credit program. FPL stated that this new program would
2
ORDER NO. PSC -2020 -0488 -TRF -EI
DOCKET NO. 20200227 -EI
PAGE 2
provide assistance to small businesses that may be most impacted by the economic effects of the
pandemic. In addition, this program is designed to augment the objectives of the utility's current
economic development tariffs, which are designed for its medium -to -large business customers.
This program will offer qualifying customers a 10 percent energy charge credit on their
bill each month through December 2021. To qualify, a customer must receive service under the
General Service, General Service Time of Use, or General Service Constant Usage rate schedule;
not exceed a monthly demand of 21 kilowatts; and meet one of the following criteria:
• The customer resumes business operations in a space that was previously
inoperative for a minimum of six months; or
• The customer is a new business account; or
• The customer is located in an "Opportunity Zone," as defined by the U.S.
Department of the Treasury.
FPL considered several factors when developing the qualification criteria for the
program. In determining the closure impact qualification, the utility noted that most small
businesses were required to shut down in the March/April time -frame and remained closed until
at least September, demonstrating an approximate six-month closure period. We find that FPL's
six-month approach is reasonable given the impact of the pandemic; however, the utility stated that it
is not opposed to considering additional time parameters.' In addition, the utility believes the
economic impact of the pandemic has increased the challenges of opening new small businesses,
and allowing new customers to qualify for the program would support their development and
expansion.
Additionally, FPL noted that Opportunity Zones are designated by the U.S. Department
of the Treasury, pursuant to the Opportunity Zone Program, which was created by the Federal
Tax Cuts and Jobs Act of 2017. This program is designed to encourage businesses, developers
and financial institutions to invest long-term capital in low-income census tract areas. FPL
stated that there are approximately 170,000 qualifying customers operating in Opportunity Zones
within its service territory.3
To enroll in the program, a qualifying customer would submit an application request at
any point prior to December 2021. FPL would notify potential customers about the program
through its traditional communication protocol, which includes e -newsletters, social media and
its website. In addition, the utility would execute targeted communications to small businesses
in its Opportunity Zones.
Once enrolled, each month's bill credit would be calculated using the customer's prior
month Base Energy Charge multiplied by the percentage discount. For new businesses, the first
month's credit will be estimated based on previous service, premise size, and estimated energy
usage for similar businesses. The credit would be applied to a customer's bill as a separate,
program -specific line credit. Under this program, FPL anticipates approximately $16 million in
I FPL's Response to StafFs First Data Request, Question 2.
2 FPL's Response to StafFs First Data Request, Question 3.
3 FPL's Response to StafFs First Data Request, Question 1.
3
ORDER NO. PSC -2020 -0488 -TRF -EI
DOCKET NO. 20200227 -EI
PAGE 3
credits would be issued to patticipating customers over the term of the program.4 The utility
stated that it does not "intend to track or account for the lost revenues associated with the credit
for purposes of recovery between rate cases or in FPL's next rate case." 5
Having reviewed the petition and the responses to Commission staff s data request, we
find that the proposed tariff will provide assistance to qualifying small businesses impacted by
the economic challenges resulting from the COVID-19 pandemic. Therefore we approve FPL's
proposed MSR Tariff Sheet Nos. 8.010 and 8.805, as shown in Attachment A. effective January
1, 2021. The proposed MSR tariff allows qualifying small business customers the opportunity to
receive a 10 percent monthly energy credit through December 31, 2021.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Florida Power & Light
Company's petition for approval of its Main Street Recovery Credit Program Rider, Tariff Sheet
Numbers 8.010 and 8.805, is hereby approved. It is further
ORDERED that Tariff Sheet Numbers 8.010 and 8.805 shall be effective January 1,
2021. It is further
ORDERED that if a protest is filed within 21 days of issuance of this order, the tariff
shall remain in effect pending resolution of the protest. It if further
ORDERED that if no timely protest is filed, this docket should be closed upon the
issuance of a consummating order.
By ORDER of the Florida Public Service Commission this 1 Ith day of December, 2020.
ADAM J.. EIT N
Commission Clerk
Florida Public Service Commission
2540 Shtunard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies famished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
SBr
FPL's Response to Stan's First Data Request, Question 5.
s FPL's Response to Staffs First Data Request, Question 4.
4
ORDER NO. PSC -2020 -0488 -TRF -EI
DOCKET NO. 20200227 -El
PAGE 4
Chairman Gary F. Clark dissents without opinion.
NOTICE OF FURTHER PROCEEDINGS
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The Commission's decision on this tariff is interim in nature and will become final, unless
a person whose substantial interests are affected by the proposed action files a petition for a
formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850, by the close of business on January 4, 2021.
In the absence of such a petition, this Order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this docket before the issuance date of this order is
considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.
k
ORDER NO. PSC-2020-0488-T'RF-EI
DOCKET NO. 20200227 -EI
PAGE 5
ATTACHMENT A
Sixty Sacenj Third Revised Sheet No. 8.1110
POWER & LIGHT COMPANY Cancels Sixty -Second kRevlsed Sheet No. B010
INDEX OF RATE SCHEDULES
RATE SCHEDULE
DESCRIPTION
SHEET N0.
BA
M11irg Adjustmc nm
8.030
Sc..Storm
Ozge
8.040
GS -.l
General Service_- Non Demand (0-26 kW)
8.101
GST -1.
GenemlService-Non Demand -Time of Use (0-20kW)
8.I03
OSD:I
Oeneral Spice Demand (71-499 kW)
8.105
GSUI=1
General Service Dowd - Time of Use (21d99kv)
8.107
BOC
General Service Load.Management argon
8.109
NSM,R
Non -Standard Meter Rider .
8.120
GSCU-1.
General Service Ontzat Uiage
8.122
RS -1
Residential Service
&"I
RTR I
Reoider"Time'ofUseRider
8203
CU
Cominon Use Facilities Rider
.821 I
ROC
Residential LoadMaaagemeni Piogwn
8.217
GSLb-1
Gi-e SrnieelargeDem end (500.1999kW)
9.310
GSLDrr-i
OencralS'erviceL-s ;Depend-TimeofUse(500.19WkW)
8.320
CSI
C\utailaMosetvice(500•I999kNV),
8.330
CST -1
Chat Ie5erviceTimeofUae(500IMkW)
8340
GSLD-2,
General Service Large Demand 02000 kW +)
8Al2
OSLDtf-2
Genal ServiceLarge Demand .-Tune ofUsa (2000 kW +)
8.420
HLFT
High Load Factor - Time ofUsa
8.425
CS -2
Ca t ibbla Service (20M kW +)
8.432
C'St-2
cueQ leble Service -Tema of Use (4000 kW+)
8,440
CST -3
'Custd ble Service-Timo of Use (69 kV or above)
U42
CS -3
0nrmrlabloservice(69kV ordove)
8.545
OSLD -3
General Service Largo Demend (69 kV orabove)
8.551
OSLDr-3
General5erviceLarge Demand- Time ofUse(69kVorabove)
8.552
OS -2
Sporm Feld Service
8.602
MET
Me4mpolirmn Thnsit Seri ice
SAW
CILC-I
Commerd&bd% tdd Load Cool Program (posed Schedde)
8.650
CDR-
Commercid 4ndastdal Demand Reduction Rider
8.680
SLA
Sbwtli$Wg
8.715
SLAM
S-Ligbwg Metered Service
8.718'
PLl
Prernima Lightir{g
8.720
OLI
Outdoor liamng
8.725
SL -2
Traffic Signer) Service
8.730
SL2M
Traffic Signal Metered Service
8.731
LT -1
LEDL9glmng
8.735
RL -1
Recreational ligtdng
8.743
SST -1
Standby end SuW=cnrJ Service
8.750
ISST 1
IntmupdbleSWftand Sbyplemental Service
8.760
EDR
ecim&r k Development.Rider
8.800
T`1$Ll
FPLMainStreet RocosrrvCmdifprosrern RidQ
g.SpS
DSMAR
Demand Side Management Adjoebnent Rider
8310
TR
Transformation Ride
8.820
SDTR
S easanal Demand -Tune of Use Rider
8830
OSP-1
Sopptementnl PowerServices Rider Pilot
8.845
EFEDR
EnoatingFutilityEemwmic 0.wloprnerd Rids
89M
CISR
CorunercnaW&%;trlal Service Rider
8910
VSP
Vohuic yySolarPartnerotuplllotRagram
8930
STR
FPL So(arTbsether Rider
8.932
Issued by: Tiffany Cohen, 'Senior Direetor, Regulatory Rates, Cost of Service and Svstetns BErweter 2steseweL�ovi4Fs-
F1Tective: Agapelt 3j2020
6
ORDER NO. PSC -2020 -0488 -TRF -EI
DOCKET NO. 20200227 -EI
PAGE 6
ATTACHMENT A
FLORIDA POWER & LIGHT.COMPANY Original Sheet No. 8.805
FPL MAIN STREET RECOVERY CREDir PROGRAM RMrR
AVATT.ABI:Ii:
In all territory served.
In order to provide assistance to certain small businesses that have been impacted by the .COVID-19
global pandernic, an energy charge credit of 10% (M -MainStreet -Recovery Credit) that is based on
the applicant's qualifying hill is available underlhis Ridctfor toad associated with: (1) a small business
customer that resumes business operations in -a space that was previously inoperative for a.rninimuin of
six rnontirs; (2)'itutial peimagcnt service to new small•business establishments; and (3) small businesses
located in "Opportunity Zmics," as:defined by the Florida Department of Economic Opportunity or the
United: Statcs.Dcpamnent.oi'Ticasury;.11io FPL Main Street Recovery .Crcditavailable under this Rider
is limitcd'to Customers'who makc;an application to Nie.Campany no earlier than die of%cdvo date of
Us Rider and rio later than the. expiration of this•Rider.. The load eligible to receive the FPL lvfain Street
Recovery Credit may not cxceed.21. M ata single delivery point.
TERMS OF SERVICE:
For new businesses, .the first month's credit will 'be basedon previous service; premise size, and
estimated kWh consumption.for similar businesses. •For.ricw businesses thereafter, and for all existing
businesses, including small businesses located in Opportunity Zones, the Credit will be based on the
customer's prior month's consumption. Upon.approval of the application, Nie credit amount will be
applied -each month to the customer's"montlity bill for the remainder of the program. All approved
applicaats will receive the credit until Decembei2011, regardless ofwhenthe applicationwas submitted.
The program terminates Decernber9l, 2021,
RULES AND REGULATIONS:
Service under this.sclicdule is subject to ortiers of governmental bodies having jurisdiction and to the
currently. effective "General Rules and Regulations for Electiic'Service'on file wide Nie Florida Public
Service Commission. In case of conflict between any provision oftlss schedule and said ".General Rules
and Regulations for Electric Service" the provision of this schedule, shall apply.
Issued by: Tiffany Cohen, Seniar'Director, Regulatory Rates,:Cost of Service and Systems
Effective -
7
FILED 12/18/2020
DOCUMENT NO. 13627-2020
FPSC - COMMISSION CLERK
r
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of proposed DOCKET NO. 20200209-EI
disposition of voluntary solar partnership rider ORDER NO. PSC-2020-0508-TRF-EI
and program,by Florida Power&Light ISSUED: December 18,2020
Company.
The following Commissioners participated in the disposition of this matter:
GARY F. CLARK, Chairman
ART GRAHAM
JULIE I. BROWN
DONALD J. POLMANN
ANDREW GILES FAY
ORDER GRANTING FLORIDA POWER AND LIGHT COMPANY'S PETITION FOR
PROPOSED DISPOSITION OF VOLUNTARY SOLAR PARTNERSHIP RIDER
AND APPROVING TARIFF
BY THE COMMISSION:
I. Background
On September 4, 2020, Florida Power & Light Company (FPL or utility) filed a petition
for approval of proposed disposition of its Voluntary Solar Partnership Rider and Program
(SolarNow or program). SolarNow was first approved in 2014 (2014 Order) as a three-year pilot
with a termination date of December 31, 2017.1 The program offers FPL customers an
opportunity, for $9 per month, to participate in a voluntary program designed to fully-fund the
construction and operation of solar photovoltaic generation facilities and support programs to
educate customers on solar energy. These solar facilities are located in communities throughout
FPL's service territory. Customers may enroll or cancel their enrollment at any time.
In 2017, we approved a one-year extension to allow FPL to gather additional data
regarding the durability of customer interest over a more substantial period? In 2018, we
approved an additional one-year extension to allow FPL to complete and evaluate research
regarding how the SolarNow pilot program and a planned new shared solar program,
SolarTogether, would impact each other.3 In December 2019, we approved an additional one-
year extension to allow FPL to further assess the potential overlap of the SolarNow pilot
I Order No.PSC-14-0468-TRF-EI,issued August 29,2014,in Docket No.20140070-EI,In re:Petition for approval
of voluntary solar partnership pilot program and tares by Florida Power&Light Company.
2 Order No. PSC-2017-0499-TRF-EI, issued December 29, 2017, in Docket No. 20170212-EI,In re: Petition for
one-year extension of voluntary solar partnership rider and program, by Florida Power&Light Company.
3 Order No.PSC-2018-0581-TRF-EI,issued December 17,2018,in Docket No.20180160-EI,In re:Petition for 12-
month extension of voluntary solar partnership rider and program, by Florida Power&Light Company.
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 2
program and the pending SolarTogether petition.4 On March 20, 2020, we approved the optional
SolarTogether program and tariffs The SolarTogether program allows FPL customers to
subscribe to a portion of new solar capacity built through the program and to receive a credit on
their bill based on a portion of the system savings produced by that solar capacity.
In this instant petition, FPL proposed to extend SolarNow until December 31, 2025,
while ceasing construction of additional SolarNow assets in 2021, which is discussed in Issue 1
of the recommendation. Additionally, FPL has proposed to accelerate depreciation of all
SolarNow assets over a five-year period from 2021 to 2025, to coincide with the program's
expiration, which is discussed below. FPL's proposal to accelerate the depreciation of the
SolarNow assets is designed to align with the proposed termination of the program in December
2025. Under the proposed tariff language, the program would remain open to current and new
participants. FPL's proposed SolarNow tariff revision, as shown in Attachment A, extends the
termination date for service under the program from December 31, 2020 to December 31, 2025,
and removes language to provide greater clarity on the SolarNow expiration.
On September 9, 2020, FPL waived the 60-day file and suspend provision of Section
366.06(3), Florida Statutes (F.S.), until the December 1, 2020 Agenda Conference. We have
jurisdiction over this matter pursuant to Sections 366.05, 366.06,and 366.075,F.S.
II. Decision
The Current SolarNow Program
SolarNow was designed to be fully-funded by participating customers who voluntarily
contribute to the program. Participants contribute to the revenue requirement associated with
constructing and operating solar structures and the funding of educational outreach events hosted
by the utility. The revenue requirement includes a return, depreciation, operations and
maintenance expenses, and other costs such as property taxes and insurance. As required by the
2014 Order, marketing and administrative expenses are capped at 20 percent of participant
contributions. FPL has met this requirement each year since SolarNow's inception.
Since 2016, FPL has demonstrated that the revenues received under SolarNow exceed the
revenue requirement of the solar facilities. FPL projects that the customer contributions for 2020
will total $5,658,000 by year end, while the 2020 revenue requirement for the program will total
$5,386,000 by year end.6 The electricity generated by the solar facilities displaces fuel that
otherwise would have been used for generation, resulting in avoided fuel costs. FPL calculated
the 2020 fuel savings to be $67,000, resulting in an estimated positive net impact to all customers
of$340,000.
Order No. PSC-2019-0544-TRF-EI, issued December 20, 2019, in Docket No. 20190190-EI,In re: Petition for
approval of twelve-month extension of voluntary solar partnership rider and program, by Florida Power& Light
Company.
5 Order No.PSC-2020-0084-S-EI,issued March 20,2020,in Docket No. 20190061-EI,In re: Petition for approval
of FPL SolarTogether program and tariffby Florida Power&Light Company.
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 3
As of August 2020, SolarNow had 51,049 total participants. Participation over the
lifetime of the program has exceeded FPL's expectations, with enrollment peaking at 58,000
participants, over 4 times the "high participation" case presented in the original 2014 filing.
When evaluating the potential market overlap between SolarTogether and SolarNow, FPL found
that the introduction of SolarTogether had minimal impact on the SolarNow's participation. On
Page 7 of the petition, FPL stated that although 420 residential customers left the program in
favor of SolarTogether, 1,799 residential customers maintain dual enrollment, or approximately
3.4 percent of SolarNow participants.
In its petition, FPL discussed several reasons why it proposed ending the program,
despite exceeding the utility's expectations. In 2014,opportunities for customers to participate in
solar programs were narrow and customer awareness of solar generation was likewise limited.
However, in the six years since the program's inception, cost-effective, large-scale solar has
become far more prevalent. The lessons learned from SolarNow have allowed FPL to initiate its
SolarTogether initiative. As such, customers now have the opportunity to participate in a
program which shares the economic benefits of solar with both participants and non-participants.
Construction of New Assets
As directed by our 2014 Order, FPL is required to size construction of SolarNow's solar
projects based on the level of participation, so that participant contributions will approximate the
project's revenue requirement net of estimated avoided fuel and emissions costs. FPL stated that
it would not install any additional solar structures after approximately March 21, 2021, but
would continue to enhance existing sites.?FPL stated that the final asset to be constructed is still
under negotiation; as a result, there is still uncertainty regarding the asset's completion date. FPL
also stated that if the project does not come to fruition, the utility intends to replace it with a
comparable project. In addition, once construction of new assets has ended, the contributions
from participants would be used to pay for the depreciation of existing assets at an accelerated
rate, as discussed in Issue 2. FPL agreed that if at the end of SolarNow there is a revenue
requirement shortfall,the utility and its shareholders would absorb these costs, as directed by our
2014 Order.8
Program Participation
In its petition, FPL stated that the tariff would remain open to new participants after FPL
ceases construction of new assets, as other program benefits would still be available to
participants. Specifically, the utility asserts that the solar assets would continue to provide
renewable generation, promote awareness and community engagement, and education. FPL
plans to continue to partner with various host sites to offer benefits, as well as expand
educational outreach about solar generation.
FPL filed a list of all SolarNow projects that are either planned or currently under construction. Document No.
11292-2020.
Order No. PSC-14-0468-TRF-EI, states "FPL explained that should SolarNow be terminated after the three-year
trial period, and in the event that participant contributions and avoided/fuel emission benefits do not cover the
remaining revenue requirements,FPL and its shareholders will absorb the difference below-the-line."
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 4
FPL stated that after construction of new assets ends, communication to participants
would no longer reference the construction of new solar facilities and would instead focus on the
program's education and community activities. The utility agreed to provide any future
communication and marketing materials to participants for our review to ensure that the
materials accurately reflect that any voluntary contributions would contribute towards the
maintenance and enhancement of the solar facilities and educational activities, and not further
construction. Furthermore, as discussed in our 2014 Order, the utility stated that through the
NextEra Energy Foundation, it would continue contributing $200,000 in annual charitable
contributions during the remaining life of SolarNow.
Once construction of new assets has ended, the SolarNow tariff should reflect that the
program will be designed to maintain and enhance the solar assets and provide educational
activities and that no further construction will occur. On November 9, 2020, FPL submitted a
draft revised SolarNow tariff that removed the reference regarding the construction of facilities.
The revised tariff accurately addresses the period during which the new assets will no longer be
constructed under the SolarNow Program. At that time, FPL shall file the revised tariff for
administrative approval of the revised SolarNow tariff to reflect the removal of the reference to
construction of solar facilities.
After a detailed examination of the entire record, we hereby approve FPL's proposed
extension and revisions to the SolarNow tariff, Tariff Sheet No. 8.930. FPL's proposed revisions
to the tariff would extend service under the SolarNow pilot program through December 31, 2025,
and would provide clarity regarding the program's expiration. This tariff shall remain open to
new participants through its expiration. The revised tariff, as shown in Attachment A, shall be
effective January 1, 2021 through December 31, 2025. Once construction of new assets has
ended, FPL shall file for administrative approval of a revised SolarNow tariff to reflect the
removal of the reference to construction of solar facilities.
Acceleration of the Depreciation of SolarNow Assets
In its petition, FPL requested accelerated depreciation for its assets related to the
SolarNow program.9 FPL explained that the reason for accelerating the depreciation of these
assets is to coordinate the end of the SolarNow program with the recovery of the net book value
of the assets related to the program.10 The utility proposes to depreciate the remaining net book
value of all assets in the SolarNow program over the remaining five years of the program (2021-
2025). The utility explained that this would achieve FPL's objective of having the customer
contributions fund the SolarNow program's costs.11 The projected net book value of the
SolarNow assets as of December 31, 2020 is $24,293,852.
The goal of depreciation is to spread the recovery of an asset's costs over the useful life
of the asset. The current depreciation rates applicable to most of FPL's SolarNow assets are
9 Document No.06079-2020,Petition by Florida Power&Light Company for Approval of Proposed Disposition of
Voluntary Solar Partnership Rider and Program,p.9.
'°Id.
"Id.
(Pq. ��
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 5
based on an anticipated 30-year life. Use of accelerated depreciation is appropriate in instances
where an asset has become obsolete or not cost-effective to maintain. However, obsolescence is
not the reason for accelerating the depreciation in this case insofar as these assets would not be
retired early but are expected to be in service, on average, an additional 17 years after program
termination.12
We considered two reasons why it may be appropriate for these assets to be depreciated
on an accelerated basis as proposed by FPL. First, accelerated depreciation would reduce the
likelihood of non-participant rate impacts during this program extension if FPL's participant
attrition rates are reasonably accurate. The total participant contributions associated with the
program over its 11 year period (2014-2025), based on the $9 monthly charge and FPL's
anticipated customer attrition rates of 2-3 percent per month, are sufficient to allow the recovery
of all program costs incurred over the period from the program participants, including full
recovery of the SolarNow assets. Achieving full recovery of the SolarNow assets prior to the
program's conclusion protects the general body of ratepayers by removing any future
depreciation expense and return on rate base that could potentially be transferred to them.
Second, the primary purposes of the assets placed in service for the SolarNow pilot program are
expected to be realized by the end of the program in 2025. Those purposes include offering
FPL's customers an opportunity to contribute to new solar photovoltaic generation facilities and
to promote customer education and solar awareness objectives as the solar market developed.
FPL's recently approved SolarTogether program provides customers with an opportunity to
contribute to solar development.
FPL provided a calculation of the depreciation expense at current rates and the proposed
accelerated rates.13 Those calculations reflect an annual increase in depreciation expense of
$3,960,140 for the final five years of the program.14 The utility also provided a calculation
showing that the increased revenue requirement, due to the accelerated depreciation, would
exceed the customer contributions and system savings for the remaining years of the program.ls
However, according to FPL, the program produced a surplus of revenue from previous years.
This surplus would largely offset the revenue shortfall through the end of the program, if the
utility's participant attrition rates are accurate.
We find that FPL's forecast of the SolarNow expenses through 2025 have a relatively
high degree of certainty,while the forecast of program revenues based on customer contributions
is much less certain. In its petition, the utility projects a participant attrition rate of 2-3 percent
per month over the final five years of the program. This attrition rate could be partially offset by •
new participants joining the program. However, if the utility's planned cessation of new solar
construction for purposes of this program or any other factors cause that attrition rate to be
higher than anticipated, the utility's projected revenue surplus at the conclusion of the program
may not materialize and may in fact result in a revenue shortfall. We agree with FPL that it is
12 Document No. 11292-2020.
13 Id.
14 Increase in depreciation expense for 2021 equals $4,843,915 - $883,775 and for 2022-2025 equals $4,834,459 -
$874,319.
'Document No. 11292-2020.
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 6
important to ensure that any potential revenue shortfall is not borne by the general body of
ratepayers.
The 2014 Order requires that at the conclusion of the program, any revenue requirement
exceeding revenue was to be recorded below-the-line, and absorbed by the utility's
shareholders.16 To date,the program has had a surplus of revenues;therefore,the general body of
ratepayers has not borne any of the costs associated with this program. However, certain
regulatory actions are necessary to protect the general ratepayers from any potential revenue
shortfalls which may be realized through 2025 resulting from the proposed accelerated
depreciation rates combined with potentially higher than estimated attrition rates. According to
FPL's projections, a program revenue shortfall begins to occur in 2021, and is projected to grow
each year thereafter until the end of the SolarNow program.17 These shortfalls, without the
additional measures detailed below, might otherwise be included in the utility's next rate
proceeding, and ultimately affect the base rates of the general body of ratepayers.
In compliance with the 2014 Order, FPL shall move the SolarNow program below the
line in its next rate case. To this end, the utility shall make adjustments to its MFRs when it files
its next general rate case impacting 2021 through 2025 customer rates.'8 These MFR adjustments
shall remove all revenues, expenses,plant in service, and accumulated depreciation related to the
SolarNow program. By adjusting the MFRs in this manner, any revenue shortfall will be borne
by FPL's shareholders rather than FPL's general body of ratepayers, as originally intended by
the utility, and mandated by our 2014 Order. At the same time, if any surplus remains after final
disposition of the program,the shareholders may donate these funds to STEAM-related charities,
as referenced on page 10 of the Petition.
III. Conclusion
We find that the accelerated depreciation of SolarNow assets as proposed by FPL, with
the MFR adjustments detailed above, is appropriate given that the purpose of the assets in this
voluntary program is achieved within the period of the program. The regulatory treatment
identified herein will also protect the general body of ratepayers from financial harm, both
during the period of the program and after the program's conclusion. Therefore, we hereby
approve FPL's request for accelerated depreciation, with the condition the utility removes all
revenues, expenses,plant in service, and accumulated depreciation associated with the SolarNow
program from its MFRs in any rate proceeding the utility may file which impacts 2021 through
2025 customer rates.
16 Order No. PSC-14-0468-TRF-EI, issued in Docket No. 140070-EI, on August 29, 2014, In re: Petition for
approval of voluntary solar partnership pilot program and tariff by Florida Power&Light Company.
'' Document No. 11838-2020, Letter dated 11/9/20, with attached additional information regarding the SolarNow
program.
18 Order No. PSC-2020-0312-PAA-EI, issued in Docket No. 20200182-EI, on September 15, 2020, In re: Joint
petition for declaratory statement regarding application of MFR requirements in Rule 25-6.043(1), F.A.C. or, in the
alternative,petition for variance, by Florida Power&Light Company and Gulf Power Company.
?()
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 7
Based on the foregoing, it is
ORDERED by the Florida Public Service that FPL's proposed extension and revisions to
the SolarNow tariff, Tariff Sheet No. 8.930, are approved. We approve FPL's proposed revisions
to the tariff to extend service under the SolarNow pilot program through December 31,2025, and
provide clarity regarding the program's expiration. It is further
ORDERED that the revised tariff, as shown in Attachment A, is effective January 1, 2021
through December 31, 2025, and shall remain open to existing and new participants through its
expiration. It is further
ORDERED that once construction of new assets has ended, FPL shall a revised
SolarNow tariff for administrative approval, to reflect the removal of the reference to
construction of solar facilities. It is further
ORDERED that FPL's request to use accelerated depreciation related to its SolarNow
assets is approved, on the condition that the utility remove all revenues, expenses, plant in
service, and accumulated depreciation associated with the SolarNow Program from its Minimum
Filings Requirements in any rate proceeding the utility may file which impacts 2021 through
2025 customer rates. It is further
ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff
shall remain in effect with any revenues held subject to refund pending resolution of the protest.
It is further
ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance
of a Consummating Order.
ORDER NO. PSC-2020-0508-TRF-EI
DOCKET NO. 20200209-EI
PAGE 8
By ORDER of the Florida Public Service Commission this 18th day of December,2020.
.//%
ADAM J. T. Z N
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
WLT
NOTICE OF FURTHER PROCEEDINGS
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in.the relief sought.
Mediation may be available on a case-by-case basis. If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The Commission's decision on this tariff is interim in nature and will become final,unless
a person whose substantial interests are affected by the proposed action files a petition for a
formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This
•
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850,by the close of business on January 8. 2021.
In the absence of such a petition, this Order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this docket before the issuance date of this order is
considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.
(Pq • �7-6
ORDER NO.PSC-2020-0508-TRF-EI ATTACHMENT A
DOCKET NO. 20200209-EI
PAGE 9
Tldtit-Fourth Revised Sheet No.8.930
FLORIDA POWER&LIGHT COMPANY Cancels Third tiouwad-Revtsed Sheet No.8.930
VOLUNTARY SOLAR PARTNERSHIP RIDER
(OPTIONAL PILOT PROGRAM)
RATE SCHEDULE:VSP
AVAILABLE:
In all territory served by FPL("the Company)to customers receiving service under any FPL metered rate schedule. This
voluntary solar partnership pilot program("VSP Program","the Pilot")provides customers an opportunity to participate in
a program designed to construct and operate commercial-scale,distributed solar photovoltaic facilities located in
communities throughout FPL's service territory.Service under this rider shall terminate December 31,02025.
nal
APPLICATION:
Available upon request to all customers in conjunction with the otherwise applicable metered rate schedule.
LIMITATION OF SERVICE:
Any customer under a metered rate schedule who has no delinquent balances with the Company is eligible to elect the VSP
Program.A customer may terminate participation in the VSP Program at any time and may be terminated from the Pilot by
the Company if the customer becomes subject to collection action ort the customer's service account.
CI LARGES:
Each voluntary participant shall agree to make a monthly contribution of$9.00.in addition to charges applied under the
otherwise applicable metered rate schedule.Cusomer billing will start on the next scheduled billing date upon notification
of service request.The VSP Program contribution will not he prorated if the billing period is for less than a full month.
Upon participant's notice of termination.no VSP Program contribution will be assessed in the billing period in which
participation is terminated.
TEltkl OF SERVICE:
Not less than one(I t billing period.
SPECIAL PROVISIONS:
Upon customer request,program participation may continue at a new service address if the customer moves within FPI.'s
service territory.
RULES AND REGULATIONS:
Service under this rider is subject to orders of governmental bodies having jurisdiction and to the currently effective
"General Rules and Regulations for Electric Service"on file with the Florida Public Service Commission.In case of
conflict between any provisions of this schedule and said"General Rules and Regulations for Electric Service"the
provisions of this rider shall apply.
kiwi by:Iblbsy Cob"61nda,Rates and Tariffs)fie: 40160
("?Q `�-�
.
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Petition for approval of optional electric DOCKET NO. 20200170-EI
vehicle public charging pilot tariffs,by Florida ORDER NO. PSC-2020-0512-TRF-EI
Power& Light Company. ISSUED: December 21, 2020
The following Commissioners participated in the disposition of this matter:
GARY F. CLARK, Chairman
ART GRAHAM
JULIE I. BROWN
DONALD J. POLMANN
ANDREW GILES FAY
ORDER GRANTING PETITION FOR APPROVAL OF OPTIONAL
VEHICLE PUBLIC CHARGING PILOT TARIFFS
BY FLORIDA POWER& LIGHT COMPANY
BY THE COMMISSION:
Background
On June 19, 2020, Florida Power & Light Company (FPL or utility) filed a petition
requesting approval of three optional electric vehicle (EV) public charging pilot tariffs. The first
tariff, Utility-Owned Public Charging for Electric Vehicles (Rate Schedule UEV), would
establish a charging rate for utility-owned fast charging stations. The second set of tariffs,
Electric Vehicle Charging Infrastructure Riders for General Service Demand and General
Service Large Demand (Rate Schedules GSD-1EV and GSLD-1EV) tariffs, would establish a
tariff for third-party public charging stations operating in FPL's service area. The tariffs and
associated rates would limit the demand cost associated with general service demand rates billed
to the charging stations. The utility requests that the three proposed tariffs take effect in January
2021 and remain in effect for a period of five years, unless extended by order of this Commission
or terminated early by FPL following notice to us. FPL's proposed tariffs are appended to this
Order as Attachment A.
By Order No. PSC-2020-0398-PCO-EI, issued October 26, 2020, we suspended the 60-
day file and suspend provision pursuant to Section 366.06(3), Florida Statutes (F.S.). There are
sixteen interested persons in this docket.1 Comments were filed by Advanced Energy Economy
(AEE); Tesla, Inc. (Tesla); Electrify America; EVgo Services (EVgo), LLC; Drive Electric
Florida; the Edison Electric Institute; Greenlots; and the Florida Petroleum Marketers
The interested persons are: Walmart, Inc.; Tesla, Inc.; Southern Alliance for Clean Energy; Sierra Club; Corey
Ershow and Coley Girouard; the Office of Public Counsel; Florida Solar Energy Center; EVgo; Electrify America,
LLC; Drive Electric Florida; Central Florida Clean Cities Coalition; Charge Point; Edison Electric Institute;
Greenlots;Advanced Energy Economy;and the Florida Petroleum Marketers Association,Inc.
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 2
Association, Inc. These comments have been placed in the docket file. In addition, an email
objecting to the proposed UEV rate as being too high has been placed in the docket file.2
In support of its petition for the proposed pilot tariffs, FPL lists several benefits of EVs
and cites Section 339.287(1)(f), F.S., that states that "ensuring the prompt installation of
adequate, reliable charging stations is in the public interest." Furthermore, Section 339.287(2),
F.S., directs the Florida Department of Transportation, in consultation with the Commission and
the Florida Office of Energy, to develop a master plan for electric vehicle charging infrastructure
and submit the master plan to the Governor by July 1, 2021.
FPL began voluntarily implementing in 2019 an EV infrastructure pilot called FPL
EVolution. Under the EVolution pilot, as of June 2020, FPL has installed 166 Level 2 (4-6 hours
to full charge) charging stations at 27 locations with plans to install more than 1,000 additional
charging stations over an approximate three-year period. The additional charging stations FPL
plans to install will include Level 2 and fast charging stations at locations such as public parks,
malls, companies that wish to install charging stations for public and employee use, high-traffic
areas along highways such as the Florida Turnpike, Interstate-95, or Interstate-75, and along
evacuation routes. Specifically, FPL estimates that it will install 1,150 Level 2 chargers and 218
fast charging stations. FPL stated that the average cost to install a single Level 2 charger is
approximately $5,500 and for a fast charger approximately $80,000; however, actual cost could
vary based on location and technology.
FPL contends that the EVolution pilot will help the state expand the number of EV
charging stations and allow FPL to conduct research in areas such as: (1) FPL-owned charging
stations, (2) partnering with commercial customers who wish to offer EV charging services on
their premises, (3) rate structures, and (4) the effects of charging stations on system load and the
electric distribution system.
FPL states that the utility intends to request base rate recovery of the EVolution
infrastructure as part of its next base rate proceeding. FPL anticipates the total investment in the
FPL EVolution pilot to be $30 million through the end of 2022; however, a portion of this
investment will be offset by any revenues received under the proposed UEV tariff. FPL reflects
the revenues, operating expenses, capital additions, and depreciation associated with the current
and planned Level 2 and fast charging stations as above-the-line items on the Earnings
Surveillance Reports filed with the Commission.
Under its general grant of authority3 and the flexibility afforded by the Florida Supreme
Court in construing and applying these statutes,4 we have previously approved several EV pilot
programs. In 1995, we approved an electric vehicle tariff for Tampa Electric Company.5 More
recently, in 2017, we addressed EV charging stations owned by utilities in two rate case
2 Document No.04130-2020 in Correspondence Section of Docket file.
3 Section 366.02(2), F.S., provides that "electric utility" means any investor-owned electric utility which owns,
maintains,or operates an electric generation,transmission,or distribution system within the state.
4 City of Tallahassee v. Florida Pub.Serv. Com'n,433 So.2d 505(Fla. 1983)
5 Order No.PSC-95-0853-FOF-EG,issued July 17, 1995,in Docket No.950517-EG,In Re:Petition for Approval of
New Experimental Electric Vehicle Targby Tampa Electric Company.
( .q4
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 3
settlements. In Gulf Power Company's rate case settlement, we permitted the utility to provide
EV charging stations on a revenue neutral basis as a pilot program and stated that we "retain[]
the ability to review and make a determination regarding the appropriate regulatory jurisdiction
and regulatory treatment of EV charging stations."6 In Duke Energy Florida, LLC's (DEF) rate
case settlement, we authorized the utility to purchase, install, own, and support Electric Vehicle
Service Equipment as part of a five-year pilot program and the agreement provided that DEF
may incur up to $8 million plus reasonable operating expenses.
In last year's session, the Legislature enacted Section 339.287, F.S. This statute
recognizes the emerging importance of EV charging stations and the important role of utilities in
this effort. We also note that several public utility commissions in other states have approved
utilities' provision of EV charging to the public.8
We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and
366.06, F.S.
Decision
Proposed Optional Utility-Owned Public Charging for Electric Vehicles Pilot Tariff
The proposed UEV tariff would apply to customers charging electric vehicles that
purchase charging services directly from FPL at certain FPL-owned public fast charging stations.
Fast charging stations provide electricity at high voltage (the UEV tariff requires power to be
delivered at 50 kilowatts or greater) which results in a charging time of approximately 30
minutes. FPL stated that the determination of which charging stations would use the proposed
tariff would be made on a site by site basis and based on the site host's preference. If the UEV
tariff is not used, the site host would provide the charging services and pay FPL's otherwise
applicable commercial rates and retain the revenues collected for providing charging services.
The user of a utility-owned fast charging station must register an account with FPL's
mobile application, including payment information,prior to charging the EV. FPL currently does
not have a tariff to charge customers who use charging stations the utility owns and operates
under its EVolution pilot and, therefore, FPL is currently not charging drivers for charging
services. Currently, the site host for each station is the customer of record and pays FPL standard
rates for the electricity delivered to the site. The EV charging services are provided for free by
the site host or the site host may charge a fee directly to the EV drivers.
FPL's proposed volumetric rate is $0.30 per kilowatt-hour (kWh). FPL explained that the
rate was chosen based on a comparison of various automotive fuel alternatives available to
6 Order No.PSC-17-0178-S-EI,issued May 16,2017,in Docket No. 160170-EI,In re:Petition for approval of 2016
depreciation and dismantlement studies, approval of proposed depreciation rates and annual dismantlement
accruals and Plant Smith Units 1 and 2 regulatory asset amortization, by Gulf Power Company.
Order No. PSC-2017-0451-AS-EU, issued November 20, 2019, in Docket No. 20170183-EI, In re:Application
for limited proceeding to approve 2017 second revised and restated settlement agreement, including certain rate
adjustments, by Duke Energy Florida,LLC.
s Examples include Vermont,District of Columbia,California,Ohio,Nevada,and Oregon.
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 4
customers. Specifically, FPL stated that when comparing the average mileage efficiency of
electric vehicles to gasoline-powered vehicles, the electricity price that equates to the same cost
per mile is $0.31 per kWh. Furthermore, public fast charging prices in Florida offered by other
providers, such as Tesla, EVgo, and Electrify America, average at $0.35 per kWh. However,
FPL explained that the utility gave more consideration to the Tesla charging rate of $0.28 per
kWh, because at the time the utility did the calculation, Tesla was the only EV provider charging
on a per-kWh basis. EVgo and Electrify America offered per-minute charging rates and due to
varying charging speeds may present a level of uncertainty when converting to a price per kWh.9
FPL asserts that the proposed $0.30 per kWh rate is reasonable compared to the equivalent cost
per mile for gasoline-powered vehicles and the EV pricing options offered by non-utility
providers.
The proposed $0.30 per kWh rate is not cost-based. FPL stated that the utility currently
does not have data regarding actual sales volumes and operating costs of utility-owned public
charging stations and, therefore, developing cost-based rates would be conjectural at this time.
To support the proposed "market-based" rates, FPL referred to a decision by the Washington
Utilities and Transportation Commission, which approved a pilot tariff for fast charging rate that
is comparable to rates being charged by other public charging facilities.
Greenlots, the Edison Electric Institute, and Drive Electric in written comments support
FPL's proposed UEV tariff. AEE filed comments in the docket on June 19, 2020. AEE explained
that it represents a diverse set of businesses and supports the creation of beneficial EV-specific
rates. However, AEE expressed concern that FPL's proposed rate of$0.30 per kWh is 15 percent
lower than the average rate of$0.35 per kWh offered by non-utility providers, or third parties.
AEE asserts that, based on a review of their members, there is "concern that the price differential
could inadvertently create a tilted playing field that challenges third-party charging infrastructure
development over time."
Tesla filed comments on June 23, 2020. In its comments, Tesla suggests that the
calculation of the FPL proposed rate should not include the price Tesla charges, or in the
alternative the rate should be set on FPL's expected costs of providing charging services. As
shown in Chart 1 on page 10 of FPL's petition, FPL included a Tesla charging rate of$0.28 per
kWh in its calculation of the average charging rate of $0.35 per kWh offered by non-utility
charging stations. Tesla asserts its business model for its charging network is "unique and not
necessarily replicable by other charging operators."
Electrify America, in its comments filed on August 14, 2020, advocated a shared-
responsibility model for utility investment that can encourage third-party infrastructure
development while limiting ratepayer risk. Electrify America states that it operates the nation's
largest public fast charging network, including 110 chargers in Florida and several more projects
currently under construction. Electrify America states that several jurisdictions have encouraged
investment in public charging through the shared-responsibility model. Electrify America did not
address the proposed$0.30 per kWh rate.
9 FPL stated that in October 2020,Electrify America announced a$0.43/kWh fast charging rate for Guest and Pass
members and a$0.31/kWh rate for Pass+members.
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 5
EVgo, a competitive supplier of EV charging infrastructure, filed comments on October
5, 2020. EVgo contends that FPL's petition is premature as there has been no forum in Florida to
discuss the appropriate role of utilities in owning and operating EV infrastructure. EVgo stated
that, given that the role of the utility in owning and operating fast charging infrastructure has not
been debated, FPL's proposed UEV tariff should be evaluated in FPL's next rate case. Finally,
EVgo states that the proposed $0.30 per kWh rate creates an uneven playing field if the utility is
granted the ability to recover costs of its public charging infrastructure.
The Florida Petroleum Marketers Association, Inc. (FPMA) filed comments on
November 10, 2020, objecting to FPL's petition. Specifically, the FPMA states that the
Commission does not have the authority to approve pilot programs and does not have authority
to permit tariffs for EV charging stations by public utilities. Furthermore, the FPMA asserts that
the Commission should not adopt rates that are unfair and biased and that all ratepayers should
not have to subsidize the EV infrastructure used by on a small minority of EV owners.
FPL asserts that one of the goals of its petition is to learn more about EV driver needs and
gather more specific usage and cost data to allow FPL to develop cost-based rates for EV
charging services. The proposed UEV tariff is not cost-based, but based on a"market-rate." Fast
charging rates vary by provider, by location, and the level of charging offered. We find FPL's
calculation of the proposed UEV rate to be appropriate for the limited purpose of this pilot and
that traditional cost-of-service based rates can not be accurately calculated at this early stage of
utility-involvement in the EV market. We find that FPL's proposed market-based rate is
reasonable in the limited context of approving pilot tariffs with the specific goal to collect cost
and usage data for utility-owned fast charging stations.
Section 339.287(2)(c)1, F.S., emphasizes the Legislature's intent for an adequate supply
of reliable EV charging stations to support and encourage a competitive market. The proposed
UEV tariff appears to be consistent with the legislative objectives of Section 339.287, F.S.
Allowing FPL to participate in the EV infrastructure build-out in Florida by offering a utility-
based rate as an option to EV customers during this nascent stage of EV adoption and the EV
charging market development, promotes the public interest and should provide value to EV
customers. We find that FPL's proposed tariff will facilitate the development of the competitive
EV charging market by allowing the utility, together with other providers, to offer fast charging
EV services. The increased availability of EV chargers will remove a barrier to adoption of
electric vehicles in Florida.
FPL is not seeking approval of the costs associated with the EVolution pilot in the instant
docket. We are not prejudging recovery of the EVolution investment and we retain full discretion
to evaluate FPL's request in the next rate case for recovery of its EVolution investment and its
impact on the general body of ratepayers, including the benefits, if any, to the general body of
ratepayers.
FPL explained that the utility will work with the site hosts to determine which fast
charging stations installed by FPL under the EVolution pilot will utilize the proposed UEV tariff.
Any revenues collected pursuant to UEV tariff would be used by FPL to offset the revenue
requirement associated with the EVolution facilities. For any FPL EVolution fast charging
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 6
stations that will not take service under the proposed UEV tariff, the revenue requirement would
be recovered from the general body of ratepayers, if approved by us in the next rate case.
Conclusion
Based on the above, we approve FPL's proposed optional UEV pilot tariff, effective
January 1, 2021. As detailed below, FPL shall file annual reports by January 30, with the first
report due January 30, 2022, for the reporting period of January through December 2021, to
allow us to monitor the reasonableness of the UEV rate. The tariff shall remain in effect for a
period of five years, unless extended, modified, or terminated by order of this Commission or
terminated early by FPL upon notice to us. Not later than September 1, 2025, FPL shall file a
petition to extend,modify, or terminate the UEV pilot tariff.
Reporting Requirements
This is the first request by a Florida utility for an EV charging rate applicable to utility-
owned fast charging stations. During the pilot period, FPL shall file annual reports by January 30
providing capital and operating costs, revenue requirements, revenues collected, and energy sales
of its utility-owned fast charging stations. FPL shall also collect data regarding charging times to
measure time of use and demand for its utility-owned fast charging stations and shall include this
information in the annual report. The first annual report is due January 30, 2022, for the
reporting period January through December 2021. In addition, FPL shall evaluate and provide
any updates to the market rates, i.e., rates charged by non-utility EV charging providers, to
maintain consistency with the market rates. The information collected by FPL will allow our
staff, and interested parties, to monitor the development of the EV charging under the UEV
tariff and ultimately determine a cost-based rate. If FPL and/or Commission staff determine that
the UEV rate should be modified during the five-year term of the pilot program, based on the
data collected by the utility, staff will open a docket for Commission consideration. The annual
reports are to be filed in this docket.
Proposed GSD-1EV and GSLD-1EV Pilot Tariffs
The proposed optional pilot tariffs would apply to customers that operate public fast
charging stations and would remain in effect for five years. In response to a data request from
Commission staff, FPL clarified that the tariff would apply to existing and new charging stations.
Since the fast charging stations are typically commercial customers, they are billed on FPL's
standard commercial General Service Demand (GSD) or General Service Large Demand
(GLSD) rate schedules. The GSD and GSLD rate schedules are comprised of an energy charge
(based on the amount of energy, or kWh, consumed) and a dollar per kilowatt (kW) demand
charge. The demand charge is billed on the highest usage, or demand, over a specified time
interval (30 minutes). This peak usage determines the demand charge for the billing month.
FPL states that the current rate design poses a challenge to the economics of the public
fast charging stations that experience a high demand and low levels of kWh energy sales, or
utilization. At low levels of utilization, the electric bills incurred by the charging stations result
in demand charges being spread over a relatively low volume of energy sales. This is referred to
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 7
as a low load factor customer. Charging stations with higher kWh sales, i.e., high load factor
customers are able to spread the billed demand cost over more energy sales and are, therefore,
more likely to recover their costs.
FPL asserts that the demand charge included in standard demand rate schedules creates a
barrier to entry during the early years of the EV market. FPL further states that fast charging
providers and potential public charging site hosts have expressed concerns over their ability to
recover costs in the early years of the EV market adoption.
To address the challenges FPL identified for public fast charging stations, the utility
proposed tariffs that include a demand limiter mechanism. Under the tariffs, the amount of
demand billed to the customer would be the lesser of the measured demand or the limited
demand as calculated by dividing the kWh sales by a fixed constant of 75 hours. Mathematically,
applying the 75 hours constant to the kWh sales results in a reduction in the demand billed to a
customer with a load factor of less than ten percent. Customers with a load factor above ten
percent would pay the standard demand charges contained in the GSD and GSLD rate schedules
and would not receive a reduction in the electric bill.
Greenlots, the Edison Electric Institute, and Drive Electric in written comments support
FPL's proposed GSD-1EV and GSLD-1EV tariffs. EVgo Services supports FPL's proposal;
however, EVgo suggests increasing the demand limiter of 75 hours to a limiter of 100 to 200
hours and increasing the term of the pilot program from five to ten years. Tesla, Electrify
America, and AEE also stated that increasing the demand limiters would help improve fast
charging stations' finances. Several interested persons referred to other states that have approved
demand limiters of 100 or 200 hours, tariffs that reduce or eliminate demand charges, or no
demand charges.
The proposed tariffs are not-cost based as FPL will not fully recover its demand-related,
or fixed, costs from customers with low load factor fast charging stations. The demand limiter is
designed to provide rate relief that will facilitate and encourage the development of EV fast
charging infrastructure during this nascent stage of EV adoption and EV charging market
development. We find that the proposed demand limiter pilot tariffs represent a balanced
approach to encourage third-party market development at these early market stages, while
limiting ratepayer risk. We find that this also aligns with the legislative intent to encourage the
installation of EV infrastructure.
The proposed tariff could have an impact on the general body of ratepayers. Based on
2019 usage data of 41 fast charging stations, FPL estimated the annual lost revenues to be
approximately $157,000. However, FPL asserts that if the proposed tariffs are successful in
accelerating the adoption of EV use, any additional revenues will contribute to the recovery of
fixed costs, reducing the impact on the general body of ratepayers.
As discussed above, some interested persons expressed a desire for a larger reduction in
the demand charges. However, a larger incentive would have the potential of shifting more costs
to the general body of ratepayers. We find that FPL's proposed demand limiter balances the
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 8
interests of low load factor fast charging stations and the general body of ratepayers that could be
impacted by the associated revenue loss when base rates are reset in FPL's next rate case.
Conclusion and Reporting Requirements
The proposed GSD-1EV and GSLD-1EV tariffs are designed to mitigate the impact of
demand charges on fast charging stations with low utilization levels. Fast charging stations with
a load factor over ten percent will pay the traditional tariffed rates. While the discount on the
demand charges could cause a potential impact on the general body of ratepayers, we find that
the impact would be minor. Additionally, the proposed pilot tariffs could facilitate the growth of
the EV infrastructure in Florida and additional revenues could mitigate any adverse impact on
the general body of ratepayers.
Based on the above, the proposed GSD-1EV and GSLD-1EV pilot tariffs are approved.
Similarly to the reports for the UEV tariff, FPL shall file annual reports by January 30 reporting
the number of fast charging stations taking service under the tariffs, the number of fast charging
stations that received the benefit of mitigated demand charges, and the annual revenue loss
resulting from the reduction in demand-related revenues from fast charging customers. The first
annual report is due January 30, 2022, for the reporting period of January through December
2021, and the annual reports are to be filed in this docket. The GSD-1EV and GSLD-1EV pilot
tariffs shall remain in effect for a period of five years, unless extended, modified, or terminated
by order of this Commission. Not later than September 1, 2025, FPL shall file a petition to
extend, modify, or terminate the tariffs.
Based on the foregoing, it is
ORDERED by the Florida Public Service Commission that Florida Power & Light
Company's proposed optional UEV pilot tariff is approved, effective January 1, 2021. It is
further
ORDERED that FPL shall file annual reports by January 30, with the first report due
January 30, 2022, for the reporting period of January through December 2021. The reports shall
provide capital and operating costs, revenue requirements, revenues collected, and energy sales
of its utility-owned fast charging stations, together with updated market rates, to allow us to
monitor the reasonableness of the UEV rate. FPL shall also collect data regarding charging times
to measure time of use and demand for its utility-owned fast charging stations and shall include
this information in the annual report. It is further
ORDERED that the UEV pilot tariff shall remain in effect for a period of five years,
unless extended, modified, or terminated by order of this Commission or terminated early by
FPL upon notice to us. Not later than September 1, 2025, FPL shall file no later than September
1, 2025, a petition to extend,modify, or terminate the UEV pilot tariff. It is further
1, f7- I9
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 9
ORDERED by the Florida Public Service Commission that Florida Power & Light
Company's proposed GSD-1EV and GSLD-1EV pilot tariffs are approved, effective January 1,
2021. It is further
ORDERED that FPL shall file annual reports by January 30 reporting the number of fast
charging stations taking service under the tariffs, the number of fast charging stations that
received the benefit of mitigated demand charges, data regarding charging times to measure time
of use and demand, and the annual revenue loss resulting from the reduction in demand-related
revenues from fast charging customers. The first annual report is due January 30, 2022, for the
reporting period of January through December 2021. It is further
ORDERED that the GSD-1EV and GSLD-1EV pilot tariffs shall remain in effect for a
period of five years, unless extended, modified, or terminated by order of this Commission. Not
later than September 1, 2025, FPL shall file a petition to extend, modify, or terminate the tariffs.
It is further
ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariff
shall remain in effect with any charges held subject to refund pending resolution of the protest.
It is further
ORDERED that if no timely protest is filed, this docket shall be placed in monitoring
status upon the issuance of a consummating order so that the utility can file its reports in this
docket.
By ORDER of the Florida Public Service Commission this 21st day of December, 2020.
/s/Adam J. Teitzman
ADAM J. TEITZMAN
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850)413-6770
www.floridapsc.com
Copies furnished: A copy of this document is
provided to the parties of record at the time of
issuance and, if applicable, interested persons.
SPS
(q, �lyl8
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200170-EI
PAGE 10
NOTICE OF FURTHER PROCEEDINGS
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Mediation may be available on a case-by-case basis. If mediation is conducted, it does
not affect a substantially interested person's right to a hearing.
The Commission's decision on this tariff is interim in nature and will become final,unless
a person whose substantial interests are affected by the proposed action files a petition for a
formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This
petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard,
Tallahassee, Florida 32399-0850,by the close of business on January 11, 2021.
In the absence of such a petition, this Order shall become final and effective upon the
issuance of a Consummating Order.
Any objection or protest filed in this docket before the issuance date of this order is
considered abandoned unless it satisfies the foregoing conditions and is renewed within the
specified protest period.
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200176-EI Attachment A
PAGE 11
FLORIDA POWER&LIGHT COMPANY Original Sheet No.8.936
UTILITY-OWNED PUBLIC CHARGING FOR ELECTRIC VEHICLES(EVs'
(PILOT PROGRAM')
RATE SCHEDULE:UEV
AVAILABLE:
Available to customers charging electric vehicles at certain FPL("the Company")owned public EV fast charging
stations("the stations")with output power of 50kW or greater where FPL provides charging service and direct
billing to the station user.
APPLICATION:
The stations may be accessed by any person("user")who resides either within or outside the Company's service
territory. EV charging service will be available at the Company-owned stations installed at Company or Host
locations.The stations will be accessible to the public for charging.Service under this tariff shall terminate five
years from the effective date of the tariff,unless extended by order of the Florida Public Service Commission
("FPSC"),or terminated earlier by the Company upon notice to the FPSC.
LIMITATION OF SERVICE:
The user must register an account with the Company's mobile application or network provider,including payment
information,prior to charging the EV.
BILLLNG AND PAYMENT TERMS:
The current rate is set at$0.30/kWh. Charging network fees as determined by the charging station network provider
may apply at certain stations.Vehicle idling fees at a rate up to of$0.40 per minute following a ten-minute grace
period may apply at certain stations located in close proximity to highway corridors or other highly trafficked areas.
The rates applicable to the specific station including the rate per kWh,taxes and charging network provider and idle
fees will be visible to the users via the app and/or display.Users will be notified when the charging session is
complete via the display located at the charging dispenser and through the Company's mobile application and will
have the ability to obtain a detailed receipt of the charge session.
RULES AND REGULATIONS:
Service under this rider is subject to orders of governmental bodies having jurisdiction and to the currently effective
"General Rules and Regulations for Electric Service"on file with the Florida Public Service Commission. In case of
conflict between any provisions of this schedule and said"General Rules and Regulations for Electric Service"the
provisions of this rider shall apply.
Issued by: Tiffany Cohen,Director,Rates and Tariffs
Effective:
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200176-EI Attachment A
PAGE 12
FLORIDA POWER&LIGHT COMPANY Original Sheet No.8.106
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE RIDER TO GENERAL SERVICE DEMAND
(OPTIONAL PILOT PROGRAM)
RATE SCHEDULE: GSD-IEV
AVAILABLE:
In all territory served.Service under this rider shall terminate five years from the effective date of the tariff unless extended by order of
the Florida Public Service Commission(`FPSC"),or temuinated earlier by the Company upon notice to the FPSC.
APPLICATION:
For electric service required for the purpose of commercial or industrial public electric vehicle charging with a measured Demand in
excess of 20 kW and less than 500 kW, Eligible charging installations must be accessible to the public for commercial or general use
SERVICE:
Single or three phase,60 hertz and at any available standard distribution voltage. All service required on premises for electric vehicle
charging will be furnished through a dedicated meter.
MONTHLY RATE:
All rates and charges under Rate Schedule GSD-1 shall apply.
DEMAND:
The Demand is the kW to the nearest whole kW,as determined from the Company's thermal type meter or,at the Company's option,
integrating type meter for the 30-minute period of Customer's greatest use during the month as adjusted for power factor.In no month
shall the billed demand be greater than the value in kW determined by dividing the kWh sales for the billing month by 75 hours per
month
TERM OF SERVICE:
Not less than one year.
RULES AND REGULATIONS:
Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently effective"General Rules
and Regulations for Electric Service"on file with the Florida Public Service Commission. In case of conflict between any provision of
this schedule and said"General Rules and Regulations for Electric Service"the provision of this schedule shall apply.
Issued by: Tiffany Cohen,I)irectnr,Rates and Tariffs
Effective:
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200176-EI Attachment A
PAGE 13
FLORIDA POWER&LIGHT COMPANY Original Sheet No.8311
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE RIDER TO GENERAL SERVICE LARGE DEMAND
(OPTIONAL PILOT PROGRAM)
RATE SCHEDULE: GSLD-IEV
AVAILABLE:
In all territory served. Service under this rider shall terminate five years from the effective date of the tariff unless extended by order of
the Florida Public Service Commission("FPSC"),or terminated earlier by the Company upon notice to the FPSC.
APPLICATION:
For electric service required for the purpose of commercial or industrial public electric vehicle charging with a measured demand of 500
kW and less than 2,000 kW. Eligible charging installations must be accessible to the public for commercial or general use.
SERVICE:
Single or three phase,60 hertz and at any available standard distribution voltage. All service required on premises for electric vehicle
charging will be furnished through a dedicated meter.
MONTHLY RATE:
All rates and charges under Rate Schedule GSLD-1 shall apply.
DEMAND:
The Demand is the kW to the nearest whole kW,as determined from the Company's thermal type meter or.at the Company's option
integrating type meter for the 30-minute period of Customer's greatest use during the month as adjusted for power factor. In no months
shall the billed demand be greater than the value in kW determined by dividing the kWh sales for the billing month by 75 hours per
month,
TERM OF SERVICE:
Not less than one year.
RULES AND REGULATIONS:
Service under this schedule is subject to orders of governmental bodies having jurisdiction and to the currently effective"General Rules
and Regulations for Electric Service"on file with the Florida Public Service Commission. In case of conflict between any provision of
this schedule and said"General Rules and Regulations for Electric Service"the provision of this schedule shall apply.
Issued by: Tiffany Cohen,Director,Rates and Tariffs
Effective:
ORDER NO. PSC-2020-0512-TRF-EI
DOCKET NO. 20200176-EI Attachment A
PAGE 14
Sixty First Second Revised Sheet No.8.010
FLORIDA POWER&LIGHT COMPANY Cancels Sixtv-FirstSi-xtieth Revised Sheet No.8.010
INDEX OF RATE SCHEDULES
RATE SCHEDULE DESCRIPTION SHEET NO.
BA Billing Adjustments 8.030
SC Storni Charge 8.040
GS-1 General Service-Non Demand(0-20 kW) 8.101
GST-1 General Service-Non Demand-Time of Use(0-20 kW) 8.103
GSD-1 General Service Demand(21-499 kW) 8.105
GSD-1 EV Electric Vehicle Charging Infrastructure Rider Pilot 8.106
GSDT-1 General Service Demand-Time of Use(21-499 kW) 8.107
GSL General Service Load Management Program 8.109
NSMR Non-Standard Meter Rider 8.120
GSCU-1 General Service Constant Usage 8.122
RS-1 Residential Service 8.201
RTR-1 Residential Time of Use Rider 8.203
CU Common Use Facilities Rider 8.211
RLP Residential Load Control Program 8.217
GSLD-1 General Service Large Demand(500-1999 kW) 8.310
GSLD-I EV Electric Vehicle Charging Infrastructure Rider Pilot 8.311
GSLDT-1 General Service Large Demand-Time of Use(500-1999kW) 8.320
CS-1 Curtailable Service(500-1999 kW) 8330
CST-1 Curtailable Service-Time of Use(500-1999 kW) 8340
GSLD-2 General Service Large Demand(2000 kW+) 8.412
GSLDT-2 General Service Large Demand-Time of Use(2000 kW+) 8.420
HEFT High Load Factor-Time of Use 8.425
CS-2 Curtailable Service(2000 kW+) 8.432
CST-2 Curtailable Service-Time of Use(2000 kW+) 8.440
CST-3 Curtailable Service-Time of Use(69 kV or above) 8.542
CS-3 Curtailable Service(69 kV or above) 8.545
GSLD-3 General Service Large Demand(69 kV orabove) 8.551
GSLDT-3 General Service Large Demand-Time of Use(69 kV or above) 8.552
OS-2 Sports Field Service 8.602
MET Metropolitan Transit Service 8.610
CILC-1 Commercial/Industrial Load Control Program(Closed 8.650
CDR Commercial/Industrial Demand Reduction Rider 8.680
SL-1 Street Lighting 8.715
SLIM Street Lighting Metered Service 8.718
PL-1 Premium Lighting 8.720
OL-1 Outdoor Lighting 8.725
SL-2 Traffic Signal Service 8.730
SL-2M Traffic Signal Metered Service 8.731
LT-1 LED Lighting 8.735
RL-1 Recreational Lighting 8.743
SST-1 Standby and Supplemental Service 8.750
ISST-1 Interruptible Standby and Supplemental Service 8.760
EDR Economic Development Rider 8.800
DSMAR Demand Side Management Adjustment Rider 8.810
TR Transfom ration Rider 8.820
SDR Seasonal Demand-Time of Use Rider 8.830
OSP-1 Supplemental Power Services Rider Pilot 8.845
EFEDR Existing Facility Economic Development Rider 8.900
CI SR Commercial/Industrial Service Rider 8.910
VSP Voluntary Solar Partnership Pilot Program 8.930
STR FPL SolarTogether Rider 8.932
UEV Utility-Owned Public Charging for Electric Vehicles Pilot $.936
Issued by:Tiffany Cohen,Director,Rates and Tariffs
Effective:
January 5, 2021
ITEM 76
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 21, 2020
SUBJECT: Appointment of New District 1 Representative to Children's Services
Advisory Committee (CSAC)
FROM: Susan Adams
Commissioner, District 1
I would like to inform the Board that I am electing to replace Mr. Paul Reeves on Children's
Services Advisory Committee (CSAC). I appreciate his service on the committee in the
past. The new representative will be Kerry Bartlett.
7E
Ill
St. Johns River
,. Water Management District
Ann B. Shortelle, Ph.D., Executive Director
4049 Reid Street • RO. Box 1429 • Palatka, FL 32178-1429 • 386-329-4500 • www.sjrwmd.com
DATE: December 10, 2020
TO: Board of County Commissioners
Attention: Recording Secretary
FROM: Andrea Dzioba, Sr. Administrative Assistant
SUBJECT: 2021 Governing Board Meeting Schedule
2021 meeting schedule announced for the St. Johns
River Water Management District's Governing Board
Meetings of the Governing Board of the St. Johns River Water Management District are
open to the public for input in the governance process. As required by Florida law
(189.417 Florida Statutes), this notice is given so that the public has an opportunity to
attend meetings that may be of interest. Governing Board meetings are held at District
Headquarters, 4049 Reid Street (Hwy. 100 west), Palatka, Florida. Date, time and
location are subject to change at the discretion of the Governing Board. For additional
information about the District, its Board and meeting dates, visit www.sjrwmd.com.
YEAR 2021
MONTH
DATE
JANUARY
112
FEBRUARY
9
MARCH - - -
19 -
-1_3
} APRIL
_
MAY
11
JUNE
8
JULY - -
13
AUGUST
10
SEPTEMBER
14 Tentative Budget Hearing 5:05 p.m..
SEPTEMBER
28 Final Budget Hearing 5:05 p.m.
OCTOBER
12
NOVEMBER 19
DECEMBER 1,14
GOVERNING BOARD
Douglas Bumett, cKw" Rob Bradley, vice owrwm Susan Dolan, sECRETAw Ron Howse, neA&aR
ST. AUGUSTINE FLEMING ISLAND SANFORD OOCOA
Doug Boumique Cole Offver J. Avis Peterson Janet Prim 9VEROBEACH MERRITT ISI AND WINTFAPARK FERNANDINAeEACH
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Department of General Services /
Parks & Recreation Division — Conservation Resources
Date: December 22, 2020
To: The Honorable Board of County Commissioners
Thru: Michael C. Zito, Assistant County Administrator
Kevin M. Kirwin, Director Parks & Recreation
From: Beth Powell, Asst. Director Parks & Conservation Resources
Subject: Notice of Amendment No. 2 - Florida Department of Environmental
Protection, Coastal Partnership Initiative for the Jones' Pier Conservation
Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant
Agreement Number CZ219
On September 17, 2019, the Board County Commissioners approved a Standard Grant Agreement
with The State of Florida, Department of Environmental Protection (DEP) for a grant through the
Coastal Partnership Initiative for the Jones' Pier Conservation Area. Task 1 is to construct the
Saltmarsh wetland and Task 2 is to complete the restoration of the Hydric Hammock. The grant
agreement with Indian River County provides a $50,000 federal reimbursement with a County cash
match of $50,000. The term of the agreement was through June 30, 2020. On June 18, 2020, the
County Administrator executed Amendment Number 1 to extend the grant term through December
31, 2020.
Staff has requested a second no cost grant extension from DEP to extend the completion date to
February 28, 2021. DEP staff provided an amendment to the agreement after review. Amendment
Number 2 to the grant agreement was executed by the County Administrator and was subsequently
provided to DEP on December 14, 2020.
FUNDING:
There are no changes to funding. Below is a summary of the grant allocations.
RECOMMENDATION:
This is an informational item and no Board action is required.
Attachments:
Amendment Number 2 To Agreement No. CZ219 between Florida Department of
Environmental Protection and Indian River County Board of County Commissioners
APPROVED AGENDA ITEM FOR JANUARY 5, 2021
10
I�
County
CPI
Total
Task 1: Construction of Salt Marsh
$20,000.00
$20,000.00
$40,000.00
Task 2: Construction of Hydric Hammock Restoration
$30,000.00
$30,000.00
$60,000.00
Total:
$50,000.00 '
$50,000.00
$100,000.00
RECOMMENDATION:
This is an informational item and no Board action is required.
Attachments:
Amendment Number 2 To Agreement No. CZ219 between Florida Department of
Environmental Protection and Indian River County Board of County Commissioners
APPROVED AGENDA ITEM FOR JANUARY 5, 2021
10
I�
AMENDMENT NO.2
TO AGREEMENT NO. CZ219
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
This Amendment to Agreement No. CZ219 (Agreement) is. made by and between the. Department of
Environmental Protection (Department), an agency of the State of Florida, and Indian River County Board of County
Commissioners, 1801 27"' Street, Vero Beach, Florida 32960 (Grantee), on the.date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for Jones' Pier Conservation Area
Wetland and Hammock Restoration Project effective September 30, 2019; and
WHEREAS, the parties wish to extend the Agreement as set forth herein due delays cause by the
COVID-19 Pandemic.
NOW THEREFORE, the parties agree as follows:
The Agreement is extended until February 28, 2021. The Department and the Grantee shall continue to perform their
respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement.
2) Attachment 3A, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3B, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3A shall hereinafter refer to Attachment 313, Revised Grant Work Plan.
3) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
The: parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Indian River County Boa
Commissionym
as
Date:
Florida Department of
EnvironmentaProtect' n
By:, 4, ":7
Date: l Zll�/2�
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Tyne Letter/Number Description
Attachment 3B Revised Grant Work Plan (3 pages)
Agreement No.: CZ219 Amendment No.: 2
1 of 1
Rev. 10/8/18
11
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
DEP AGREEMENT NO.: CZ219-A2
ATTACHMENT 3-B
Proiect Title: Jones'. Pier Conservation Area Wetland and Hammock Restoration Project
Grantee Contact Information:
Organization Name: Indian River County Board of County Commissioners
Chief Elected Official or Agency Head: Michael Zito
Title: Assistant County Administrator
Address: 1801 27`h Street
City: Vero Beach
Zip Code: 32960
Area Code and Telephone Number: (772) 226-1410
Area Code and Facsimile Machine Telephone Number: (772) 589-6119
E -Mail Address: mzito@ircgov.com
Grant Manner Contact Information:
Organization Name: Indian River County Board of County Commissioners
Name: Beth Powell
Address: 5500 771h Street
City: Vero Beach
Zip Code: 32967
Area Code and Telephone Number: (772) 226-1873
Area Code and Facsimile Machine Telephone Number: (772) 589-6119
E -Mail Address: bpowell@ircgov.com
Fiscal Aaent Contact Information:
Organization Name: Indian River County Board of County Commissioners
Name: Elissa Nagy, Finance Director
Address: 180127 1h Street
City: Vero Beach
Zip Code: 32960
Area Code and Telephone Number: (772) 226-1570
Area Code and Facsimile Machine Telephone Number: (772)770-5331
E -Mail Address: enagy@clerk.indian-river.org
FE1D No.: 59-6000674 DUNS No.: 079208989
Attachment 3, DEP Agreement #: CZ219-A2
1 of 3
Rev. 6/14/2019
12
LOCATION: 7770 Jungle Trail, Vero Beach, FL 32963
PROJECT BACKGROUND: This property was acquired by the County in 2008 with assistance from
Florida Communities Trust. A management plan (recently updated) outlines various public access
facilities to be incorporated into the site design. Proposed amenities include parking, restroom, pavilion,
walking trails, boardwalks, and ecological enhancement projects. This grant will assistthe County with
the construction of a 4 -acre high marsh community and transitional hammock that will provide diverse
habitat, increased biodiversity, improved wildlife habitat, and will adapt to the changing environment.
PROJECT DESCRIPTION: The project includes construction of a 4 -acre salt marsh that will receive pumped
Lagoon waters and circulating these waters through an estuarine system that will remove nutrients,
suspended solids, and other pollutants prior to discharge back into the Lagoon. Adjacent to this salt marsh
the County is restoring a hammock that was heavily invaded by exotic species. The hammock/flow-way
marsh :community to be restored: will provide filtration (where feasible) of untreated stormwater from an
existing perimeter ditch that currently discharges directly into the lagoon. Through this habitat
enhancement project, the County envisions a:mulit-faceted project that improves local water quality in the
Lagoon, provides foraging and roosting areas for a variety of listed and non -listed species, creates nursery
habitat for fish, improves shoreline conditions, and provides passive recreation and educational
opportunities for the public.
TASKS and DELIVERABLES:
Task #1: Construction of Salt Marsh
Task Description: This task will involve site clearing, excavation/grading, and planting of a 4 -acre salt marsh.
Influent and effluent structures under Jungle Trail, as well as fish friendly pump will be installed to maintain
hydrology. A water control structure will be constructed at the discharge point from the wetland into an adjacent
ditch (which drains into the Lagoon).
Deliverables: Executed contract for the construction, signed acceptance of the completed work by the Grantee and
certified by the Engineer of record. Before, during and after photos of the construction of the Salt Marsh.
Task #2: Construction of Hydric Hammock Restoration
Task Description: This task will involve excavation/grading, and.planting ofthe hydric hammock. Influent and
effluent structures will be installed to maintain hydrology.
Deliverables: Executed contract for construction and signed acceptance of the completed work by the Grantee and
certified by the Engineer of record. Before, during and after photos of the hammock restoration project.
Performance Standard: The Department's Grant Manager will review the deliverables to verify that they meet the
specifications in the Grant Work Plari'and this task description. Upon review and written acceptance by the
Department's Grant Manager of all deliverables under this task, the Grantee may proceed with payment request
submittal.
Payment Request Schedule: Grantee may submit a payment request for cost reimbursement upon completion of
the task and Department approval of all associated task deliverables.
Attachment 3-A, DEP Agreement #: CZ219-A2
2 of 3
Rev. 4/30/2018
13
PROJECT TIMELINE: The tasks must be completed by the corresponding task end date and all deliverables
must be received by the designated due date.
Task No.
Task or Deliverable Title
Deliverable
Due Date -
1
Construction of Salt Marsh
2/28/21
2
Construction of Hammock restoration
2/28/21
BUDGET DETAIL BY TASK:
Categories
Task 1
Task
Totals
Contractual Services
$20,000
$30,000
$509000
Match Total
$20,000
$30,000
S50,006
Total
$40 000$60
--t
000
$1001000
PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the
project as indicated below. Match funding shall be provided in the categories indicated below.
Grant Funding, '
Category Totals Match Funding, $
Total Project
Not to Exceed, $
Funding
Contractual Services Total $50,000 $50,000
_ _ $100,000
Total: $50,000 $50,000
$100,000
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Attachment 3-A, DEP Agreement #: CZ219-A2
3 of 3
Rev. 4/30/2018
14
Indian River County Venue Event Calendar Review
For more information go to www.ircgov.co.m - Event Calendar
FREE Covid-19 Testing, by: TCCH (Treasure Coast Community Health)
Jan 4-29 @ IRC Fairgrounds & iG Center Parking Lot:
8:30-10:30am, Mon Fairgrounds • 8-10 am, Wed & 2:30-4:30pm, Fri at iG Center.
"Virtually"Jumpin JengaThursdays! www.ircrec.com/programs
Jan 7 @ ONLINE - with Parks and Recreation:.
• 6:30pm- Join us on Zoom for a Socially -Distanced Game of.Jenga! FREE!
Oslo Riverfront Conservation Area/Oslo Boat Ramp Coastal Cleanup
Jan 9 @ IRC Conservation Lands Program: www.ircgov.com/conservation
• Contact Beth Powell at bpowell@ircgov.com to register.
Vero Beach Coastal Classic - Maximum Velocity Gymnastics
Jan 9-10 @ iG Center: www.maximumvelocitygym.com
• 9am-6pm, Sat & Sun Gymnastics Tournament
Home Show by Patriot Productions www.patriotproductions.com
Jan 9-10 @ IRC Fairgrounds:
• 1Oam-5pm, SAT & l0am-4pm SUN: FREE Admission & Parking.
"Virtually" Pumped Up Pictionary! wwwJrcrec.com/programs
Jan 12 @ ONLINE - with Parks and Recreation:
• 6:30pm- Join us on Zoom for a Socially -Distanced Game of Pictionary! FREE!
UP ON TOP Volleyball is back at the iG!
Jan 12 @ iG Center: www.upontopvolleyball.com
• 6-8pm, Tuesdays & Thursdays.
RAD For Seniors! - Self Defense Program
Jan 13 -Mar 17 @ iG Center: www.ircig.com
• 9-1 lam, Wednesdays. (10) Session program taught by IRCSO
Vero Beach Gun Show by Patriot Productions www.patriotproductions.com
Jan 16-17 @ IRC Fairgrounds:
• 9am-5pm Sat - 10am-4pm Sun.
Community Office Hours Event
Jan 21 @ North IRC Library: 15
• l Dam- One on one with Commissioner Susan Adams.
FREE - Screen On The Green Featuring "Onward" www.ircrec.com/programs
Jan 22 @ Victor Hart Community Enhancement Center on Wilson/Chisolm Field:
• 6:30-8:30pm- Enjoy a socially distant 10 x 10 space on the field with your family.
Puchstein Antique Show
Jan 22-24 @ IRC Fairgrounds:
• Fri 12-5. Sat 9-5. Sun 10-4.
Baseball Registration Begins www.ircrec.com/programs
Jan 25 @ IRC Parks & Recreation:
• Now Register ONLINE! www.ircrec.com. Click on the GO button. $45 per child.
SpringBreak Camp Registration Begins www.ircrec.com/programs
Jan 25 @ IRC Parks & Recreation:
• Now Register ONLINE! www.ircrec.com. Click on the GO button. $75 per child.
Gala of the Royal Horses!
Jan 31 @ IRC Fairgrounds:
• $10-15 for Tickets. Details to come!
St. Helen's Girl's Volleyball Games
Feb 4, 11, 18, 25 @ iG Center:
• 4-6pm inside the iG Gym
Sue Bonnett Sue Quilt Show
Feb 12-14 @ IRC Fairgrounds:
• Fri & Sat loam - 5pm. Sun loam - 4pm
FREE - Screen On The Green Featuring'Jumanji" www.ircrec.com/programs
Feb 12 @ Richard N. Bird South County Regional Park:
• 6:30-8:30pm- Enjoy a socially distant 10 x 10 space on the field with your family.
Cabin Fever Light Show
Feb 18-21 @ IRC Fairgrounds:
•Details to come
Community Office Hours Event
Feb 18 @ North IRC Library:
• 1 Oam- One on one with Commissioner Susan Adams.
Thunder on the Beach Pow Wow
Feb 19-22 @ IRC Fairgrounds;
• Fri 3-9pm. Sat 10-9:30p m. Sun 10am - 5:30pm
Micro Wrestling
Feb 20 @ IRC Fairgrounds:
• 8-10pm
Vero Beach Gun Show by Patriot Productions www.patriotproductions.��m
Feb 27-28 @ IRC Fairgrounds:
• 9am-5pm Sat - 10am-4pm Sun.
7�l
INFORMATIONAL
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: December 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 12/28/20.
ATTACHED:
• Brightline Trains Expenses through 12/28/20 spreadsheet.
17
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 Countv Attornev's Office received 5200.000 from citizens (Budvet Amendmentl
18
Acct#00110214-033110-15023
Legal Services
_
Date
11/6/2020
Vendor
Murphy & Walker
Amount
$319.00
Note
Fees for Legal Services October 2020
Subtotal Expenses FY 20/21
$319.00
9/30/2020
Murphy & Walker
$1,073.00
Fees for Legal Services September 2020
9/25/2020
Murphy & Walker
$2,719.60
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
$276,699.85
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 June & July 2019
7/10/2019
Murphy & Walker
$13,868.00
Fees for Legal Services June 2019'
6/24/2019
Bryan Cave LLP
$1,244.00
Fees for Legal Services May 2019
6/12/2019
Murphy & Walker
$7,939.10
Fees for Legal Services May 2019
5/29/2019
Bryan Cave LLP
$65,848.60
Fees for Legal Services April 2019
5/15/2019
Murphy & Walker
$2,656.50
Fees for Legal Services April 2019
5/14/2019
Bryan Cave LLP
$75,490.34
Fees for Legal Services March 2019
4/4/2019
Murphy & Walker
$8,042.00
Fees for Legal Services March 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 -4/18-4/20/18
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 -2/27-4/5/18
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
18
D. -te-
9/30/2017
Vrn6r
McDermot,Will & Emery LLP
Amount
$10,000.00
Note
IRC Legislative Advocacy Matters
9/30/2017
Bryan Cave LLP
$2,995.50
Fees for Legal Services-Sept 2017
9/30/2017
Bryan Cave LLP
$1,119.00
Fees for Legal Services-Aug 2017
9/27/2017
Bryan Cave LLP
$13,195.60
Fees for Legal Services-July 2017
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 LegalServices-Sept 2016
9/28/2016
Shubin & Bass PAS
$22,949.40
Fees for LegalServices-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 Services-April 2016
6/14/2016
Bryan Cave LLP
$386.10
Fees for Legal Services-April 2016-private activity bonds
5/24/2016
Shubin & Bass PAS
$29,983.35
Fees for Legal Services-April 2016
5/3/2016
Shubin & Bass PAS
$21,968.25
Fees for Legal Services-March 2016
4/19/2016
Bryan Cave LLP
$19,845.75
Fees for Legal Services-March 2016
4/19/2016
Bryan Cave LLP
$128,696.58
Fees for Legal Services-March 2016-private activity bonds
4/6/2016
Bryan Cave LLP
$112,572.86
Fees for Legal Services-Feb 2016-private activity bonds
4/6/2016
Nabors & Giblin
$150.00
Fees for Legal Services-August 2015
3/30/2016
Shubin & Bass PAS
$7,575.75
Fees for Legal Services-Feb 2016
3/16/2016
Bryan Cave LLP
$31,795.61
Fees for Legal Service-Jan 2016-private activity bonds
3/16/2016
Bryan Cave LLP
$22,207.65
Fees for Legal Services-Jan 2016
2/9/2016
Bryan Cave LLP
$16,410.09
Fees for Legal Service -Dec 2015 private activity bonds
2/9/2016
Bryan Cave 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
5ubtotalExpenses 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-June 2015 private activity bonds
8/12/2015
Bryan Cave LLP
$37,687.25
Fees for Legal Services-June 2015
7/1/2015
Bryan Cave LLP
$178,503.50
Fees for Legal Services -May 2015 private activity bonds
7/1/2015
Bryan Cave 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
19
'Split between St.Lucie, Indian River, and Martin Counties
..
Acct#00110.214-033190-15023
ohm
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
3/13/2019
Subtotal Expenses FY 13/14
$28,551.80
'Split between St.Lucie, Indian River, and Martin Counties
..
Acct#00110.214-033190-15023
All Travel
Other Professional Services
5/19/2020
Atlantic Coastal Land Title
$85.00
Title Search
11/4/2019
Advanced Data Solutions
$1,115.00
Document Scanning
3/13/2019
Subtotal Expenses FY 19/20
$1,200.00
3/13/2019
11/27/2018
Scripps
$92.40
Legal Advertising
11/21/2018
Gail E. Flinn
$350.00
Transcription Services
12/4/2018
Subtotal Expenses FY 18/19
$442.40
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
Kate Cotner -FL Dev Finance Corp Mtg-Orlando
Subtotal Expenses FY 17/18
$198.64
Dylan Reingold-FL Dev Finance Corp Mtg-Orlando
4/28/2017
Martin County 50°kreimbursement
-$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
$271.64
12/1/2016
VB Court Reporters
$300.00
St Johns Admin Hearing
12/1/2016
Scripps
$95.70
Legal Advertising
$128.20
Subtotal Expenses FY 16/17
$18,779.15
$548.74
9/30/2016
GK Environmental
$5,580.00
9/30/2017
9/30/2016
Triad Railroad Consultants
$24,758.59
Review AAF 90%& plans
9/30/2016
Atkins North America,lnc. -
$20,782.50
Drainage Reports & calculations
9/30/2016
Federal Express
$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
20
Acct#00110214-034020-15023
All Travel
..
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 Uason 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
20
Date—Vendor
9/30/2017
Jet Blue
—
Amount
$25.00
—
Note
9/30/2017
Bob Solari -travel to Washington DC
$869.98
with OMB,Senator & Congressman & FOOT
1/02/15
Acct#00110111-034020-15023
$6,973.40
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 10 EIS
6/28/2017
Kate Cotner -Tag Meeting
$60.07
mileage to Cocoa
Subtotal Expenses FY 16/17
$3,029.76
4/20/2016
Dylan Reingold
$106.26
Hearing
4/6/2016
Aloft Hotel
$109.00
MHG Tallahassee AL P -Dylan Reingold
12/16/2015
Kimberly Graham
$901.76
Fed Railway Assoc. Mtg-Washington DC
12/2/2015
Kate Cotner -FAC Legislative Conference
$19.44
Work Order 10 EIS
-
Subtotal Expenses FY 15/16
$1,136.46
9/8/2015
Doubletree Orlando
$271.36
Orlando -Travel -Fl. 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
Total Expenses 20/21
Acct#11124319-033190
Total Expenses 19/20
Other Professional Services
Date
.7/02/15
Vendor -
CDM Smith Inc
-
Amount
$23,454.00
Notes
Work Order 10 EIS
1/02/15
CDM Smith Inc
$6,973.40
Work Order 13 Noise Monitoring
1/02/15
CDM Smith Inc
$2,122.50
Work Order 10 EIS
11/26/14
CDM Smith Inc
$5,605.00
Work Order 10 EIS
11/21/14
CDM Smith Inc
$6,585.80
Work Order 13 Noise Monitoring
Subtotal Expenses FY 14/15
$44,740.70
9/30/14
CDM Smith Inc
$1,937.00
Work Order 13 Noise Monitoring
9/30/14
CDM Smith Inc
$8,077.00
Work Order 10 EIS
8/29/14
CDM Smith Inc
$4,135.00
Work Order 10 EIS
8/08/14
CDM Smith Inc
$3,125.00
Work Order 10 EIS
Subtotal Expenses FY 13/14
$17,274.00
Total Expenses 20/21
$319.00
Total Expenses 19/20
$277,899.85
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 12/28/2020
$3,760,206.72
Total Board authorized budget for FY 20/21 $419,533.15
Total Board authorized budget for FY 19/20'
$277,899.85
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
$4,179,420.87
'Includes $200,000 donation from citizens
Remaining Balance $419,214.15
21
January 5, 2021
INFORMATIONAL ITEM T!
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 29, 2020
SUBJECT: 2021 Treasure Coast Regional Planning Council Comprehensive
Economic Development Strategy Committee (TCRPC CEDS) District
Appointment Member Listing
FROM: Kimberly K. Moirano, Commissioner Assistant
The Indian River County Board of County Commissioners have determined the District
appointed members to the TCRPC Comprehensive Economic Development Strategy
(CEDS). The attached letter from the Chairman was sent to the Treasure Coast Regional
Planning Council (TCRPC) to notify the TCRPC of the District appointments.
Attachment
22
Susan Adams
Chairman
District 1
Joseph E. Flescher
Vice Chairman
District 2
December 29, 2020
Stephanie Heidt, AICP
Economic Development and Intergovernmental
Programs Director
Treasure Coast Regional Planning Council
421 SW Camden Avenue
Stuart, FL 34994
Tim Zorc
District 3
Peter D. O'Bryan
District 4
Bob Solari
District 5
Re: Appointment of Comprehensive Economic Development Strategy Committee Members
Dear Ms. Heidt:
The Commissioner assignments for Indian River County for the Comprehensive Economic
Development Strategy (CEDS) Committee for Indian River County areas follows:
District 1 — Mark D. Mathes, City Manager, City of Fellsmere
Alternate - Nicholas Rojas, Planner, City of Fellsmere
District 2 — Vacant
District 3 — Helene Caseltine
District 4 — Vacant
District 5 -- Vacant
This appointment will be for a one-year term commencing January 2021 continuing through
December 2021.
Please contact me at 772-226-1919 should you have any questions.
Sincerely,
Joseph E. Flescher
Chairman
1801 27,h Street, Building A
Vero Beach, FL 32960
(772) 226-1490
23
1T
January 05, 2021
ITEM 7.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: December 29, 2020
SUBJECT: Children's Services Advisory Committee - Appointment
FROM:. Laura Moss
Commissioner, District 5
Please be advised that Ms. Molly Steinwald has elected to retire from her appointment
as the District 5 Representative to Children's Services Advisory Committee (CSAC).
shall take this opportunity to thank her for her dedication and service to our community.
It is with great pleasure that I announce the appointment of Ms. Hope B. Woodhouse as
the new District 5 Representative to Children's Services Advisory Committee (CSAC)
effective immediately.
24
JEFFREY R. SMITH,
Clerk of Circuit Court & Comptroller
Finance Department
1801271 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: December 10, 2020
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
December 4, 2020 to December 10, 2020
compp.
Fk COUNT{F�
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 December 4, 2020 to December 10, 2020.
25
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
402251
12/04/2020
ECOTECH CONSULTANTS INC
2,674.00
402252
12/04/2020
CALIBER HOME LOANS INC
2,454.57
402253
12/04/2020
EDDIE HUDSON
2,475.00
402254
12/04/2020
ELIZABETH GIBBONS
66.36
402255
12/04/2020
DONALD TRUMP FOR PRESIDENT INC
139.40
402256
12/04/2020
ROBIN M RAIFF PA
250.00
402257
12/04/2020
JEFF ROMANO
48.71
402258
12/04/2020
STEVEN CRAIG LONG
170.02
402259
12/04/2020
JANICE TAYLOR
40.00
402260
12/04/2020
MONICAANDERSON
379.00
402261
12/10/2020
FLORIDA WATER & POLLUTION CONTROL
160.00
402262
12/10/2020
JOSEPH EARMAN
244.79
402263
12/10/2020
MICHAEL ZITO
195.99
402264
12/10/2020
LESLIE N MUNROE
150.00
402265
12/10/2020
UTIL REFUNDS
88.54
402266
12/10/2020
UTIL REFUNDS
189.59
402267
12/10/2020
UTIL REFUNDS
84.19
402268
12/10/2020
UTIL REFUNDS
47.86
402269
12/10/2020
UTIL REFUNDS
15.63
402270
12/10/2020
UTIL REFUNDS
76.78
402271
12/10/2020
UTIL REFUNDS
86.36
402272
12/10/2020
UTIL REFUNDS
67.82
402273
12/10/2020
UTIL REFUNDS
38.03
402274
12/10/2020
UTIL REFUNDS
11.54
402275
12/10/2020
UTIL REFUNDS
59.33
402276
12/10/2020
UTIL REFUNDS
84.17
402277
12/10/2020
UTIL REFUNDS
75.11
402278
12/10/2020
UTIL REFUNDS
44.67
402279
12/10/2020
UTIL REFUNDS
17.11
402280
12/10/2020
UTIL REFUNDS
85.61
402281
12/10/2020
UTIL REFUNDS
451.16
402282
12/10/2020
UTIL REFUNDS
47.81
402283
12/10/2020
UTIL REFUNDS
63.01
402284
12/10/2020
UTIL REFUNDS
52.70
402285
12/10/2020
UTIL REFUNDS
41.12
402286
12/10/2020
UTIL REFUNDS
36.63
402287
12/10/2020
UTIL REFUNDS
45.38
402288
12/10/2020
UTIL REFUNDS
22.00
402289
12/10/2020
UTIL REFUNDS
38.58
402290
12/10/2020
UTIL REFUNDS
10.34
402291
12/10/2020
UTIL REFUNDS
69.03
402292
12/10/2020
UTIL REFUNDS
70.56
402293
12/10/2020
UTIL REFUNDS
15.84
402294
12/10/2020
UTIL REFUNDS
86.69
402295
12/10/2020
UTIL REFUNDS
33.03
402296
12/10/2020
UTIL REFUNDS
78.16
402297
12/10/2020
UTIL REFUNDS
89.09
402298
12/10/2020
UTIL REFUNDS
37.36
402299
12/10/2020
UTIL REFUNDS
63.22
402300
12/10/2020
UTIL REFUNDS
27.91
402301
12/10/2020
UTIL REFUNDS
12.32
402302
12/10/2020
UTIL REFUNDS
39.82
402303
12/10/2020
UTILREFUNDS
43.41
402304
12/10/2020
UTIL REFUNDS
47.08
402305
12/10/2020
UTIL REFUNDS
43.59
402306
12/10/2020
UTIL REFUNDS
10.62
402307
12/10/2020
UTIL REFUNDS
44.67
402308
12/10/2020
UTIL REFUNDS
2.61
26
TRANS NBR
DATE
VENDOR
AMOUNT
402309
12/10/2020
UTIL REFUNDS
71.63
402310
12/10/2020
UTIL REFUNDS
5.58
402311
12/10/2020
UTIL REFUNDS
47.81
402312
12/10/2020
UTIL REFUNDS
40.66
402313
12/10/2020
UTIL REFUNDS
81.65
402314
12/10/2020
UTIL REFUNDS
54.08
402315
12/10/2020
UTIL REFUNDS
44.03
402316
12/10/2020
UTIL REFUNDS
42.78
402317
12/10/2020
UTIL REFUNDS
75.55
402318
12/10/2020
UTIL REFUNDS
41.25
402319
12/10/2020
UTIL REFUNDS
59.82
402320
12/10/2020
UTIL REFUNDS
108.32
402321
12/10/2020
UTIL REFUNDS
42.87
402322
12/10/2020
UTIL REFUNDS
63.76
402323
12/10/2020
UTIL REFUNDS
117.65
402324
12/10/2020
UTIL REFUNDS
175.25
402325
12/10/2020
UTIL REFUNDS
78.51
402326
12/10/2020
UTIL REFUNDS
152.87
402327
12/10/2020
UTIL REFUNDS
42.22
402328
12/10/2020
UTIL REFUNDS
39.89
402329
12/10/2020
UTIL REFUNDS
27.11
402330
12/10/2020
UTIL REFUNDS
39.13
402331
12/10/2020
UTIL REFUNDS
22.92
402332
12/10/2020
UTIL REFUNDS
41.84
402333
12/10/2020
UTIL REFUNDS
86.02
402334
12/10/2020
UTIL REFUNDS
48.02
402335
12/10/2020
UTIL REFUNDS
65.51
402336
12/10/2020
UTIL REFUNDS
28.00
402337
12/10/2020
UTIL REFUNDS
88.02
402338
12/10/2020
UTIL REFUNDS
2.23
402339
12/10/2020
UTIL REFUNDS
26.93
402340
12/10/2020
UTIL REFUNDS
90.35
402341
12/10/2020
UTIL REFUNDS
605.24
402342
12/10/2020
UTIL REFUNDS
27.93
402343
12/10/2020
UTIL REFUNDS
87.60
402344
12/10/2020
UTIL REFUNDS
8.92
402345
12/10/2020
UTIL REFUNDS
28.44
402346
12/10/2020
UTIL REFUNDS
69.87
402347
12/10/2020
UTIL REFUNDS
86.90
402348
12/10/2020
UTIL REFUNDS
94.07
402349
12/10/2020
UTIL REFUNDS
26.92
402350
12/10/2020
UTIL REFUNDS
74.32
402351
12/10/2020
UTIL REFUNDS
41.21
402352
12/10/2020
UTIL REFUNDS
65.18
402353
12/10/2020
UTIL REFUNDS
46.42
402354
12/10/2020
PORT CONSOLIDATED INC
471.34
402355
12/10/2020
STURGIS LUMBER & PLYWOOD CO
4.00
402356
12/10/2020
COMMUNICATIONS INTERNATIONAL
318,168.60
402357
12/10/2020
SSES INC
1,446.54
402358
12/10/2020
RANGER CONSTRUCTION IND INC
2,335.90
402359
12/10/2020
VERO CHEMICAL DISTRIBUTORS INC
377.70
402360
12/10/2020
RICOH USA INC
135.72
402361
12/10/2020
RICOH USA INC
583.02
402362
12/10/2020
SAFETY PRODUCTS INC
2,627.38
402363
12/10/2020
DATA FLOW SYSTEMS INC
4,436.61
402364
12/10/2020
SEWELL HARDWARE CO INC
18.19
402365
12/10/2020
GRAINGER
287.61
402366
12/10/2020
GRAYBAR ELECTRIC
423.18
402367
12/10/2020
HACH CO
3,676.98
402368
12/10/2020
LFI FORT PIERCE INC
1,573.60
21
TRANS NBR
DATE
VENDOR
AMOUNT
402369
12/10/2020
BOUND TREE MEDICAL LLC
19.86
402370
12/10/2020
PETES CONCRETE
5,900.00
402371
12/10/2020
CITY ELECTRIC SUPPLY COMPANY
16.57
402372
12/10/2020
BAKER & TAYLOR INC
3,125.84
402373
12/10/2020
MIDWEST TAPE LLC
3,690.12
402374
12/10/2020
PRIZE POSSESSIONS
315.83
402375
12/10/2020
K & M ELECTRIC SUPPLY
30.66
402376
12/10/2020
JIMMYS AIR & REFRIGERATION INC
1,650.00
402377
12/10/2020
PC WEATHER PRODUCTS INC
1,980.00
402378
12/10/2020
CLERK OF CIRCUIT COURT
400.05
402379
12/10/2020
ROGER J NICOSIA
320.00
402380
12/10/2020
CITY OF VERO BEACH
750.63
402381
12/10/2020
MATTHEW BENDER & CO INC
205.30
402382
12/10/2020
JANITORIAL DEPOT OF AMERICA INC
1,738.06
402383
12/10/2020
ROGER CLEVELAND GOLF INC
172.80
402384
12/10/2020
ACUSHNET COMPANY
2,953.06
402385
12/10/2020
FLORIDA WATER & POLLUTION CONTROL
60.00
402386
12/10/2020
GEOSYNTEC CONSULTANTS INC
2,701.18
402387
12/10/2020
ST JOHNS RIVER WATER MGMT DISTRICT
1,190.00
402388
12/10/2020
TYLER TECHNOLOGIES INC
9,087.00
402389
12/10/2020
FAMOSO INC
2,667.11
402390
12/10/2020
SOUTHEAST DESALTING ASSOCIATION
40.00
402391
12/10/2020
CALLAWAY GOLF SALES COMPANY
8,041.53
402392
12/10/2020
FLORIDA POWER AND LIGHT
44,670.81
402393
12/10/2020
FLORIDA POWER AND LIGHT
5,166.75
402394
12/10/2020
FLORIDA POWER AND LIGHT
1,392.57
402395
12/10/2020
STATE ATTORNEY
11,413.56
402396
12/10/2020
US KIDS GOLF LLC
197.49
402397
12/10/2020
GLOBAL GOLF SALES INC
60.50
402398
12/10/2020
WASTE MANAGEMENT INC
202,836.76
402399
12/10/2020
BE SAFE SECURITY ALARMS INC
450.00
402400
12/10/2020
INDIAN RIVER FARMS WATER CNTRL DIST
395.00
402401
12/10/2020
INDIAN RIVER FARMS WATER CNTRL DIST
520.00
402402
12/10/2020
JOHN BROWN & SONS INC
6,750.00
402403
12/10/2020
WESTSIDE REPROGRAPHICS OF VERO BEACH INC
463.00
402404
12/10/2020
ELXSI INC
1,187.15
402405
12/10/2020
ARCADIS U S INC
7,212.25
402406
12/10/2020
THE PALMS AT VERO BEACH
2,802.00
402407
12/10/2020
HULETT ENVIRONMENTAL SERVICES
160.00
402408
12/10/2020
CELICO PARTNERSHIP
214.56
402409
12/10/2020
U S BANK NATIONAL ASSOCIATION
3,151.47
402410
12/10/2020
THE SHERWIN WILLIAMS CO
66.79
402411
12/10/2020
COASTAL TECHNOLOGY CORPORATION
131,641.58
402412
12/10/2020
FRANK BLAKE
1,875.00
402413
12/10/2020
SOUTHERN JANITOR SUPPLY INC
931.37
402414
12/10/2020
OCLC ONLINE COMPUTER LIBRARY CENTER
470.40
402415
12/10/2020
MBV ENGINEERING INC
15,600.00
402416
12/10/2020
GERELCOM INC
17,890.98
402417
12/10/2020
CHUAN V MAI
5,000.00
402418
12/10/2020
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
840.47
402419
12/10/2020
PAK MAIL
172.25
402420
12/10/2020
GLOBALSTAR USA
196.20
402421
12/10/2020
JOHN A SAMMARTANO
3,500.00
402422
12/10/2020
LAZY J LLC
1,200.00
402423
12/10/2020
TREASURE COAST FOOD BANK INC
215.78
402424
12/10/2020
KWACKS INC
18,340.08
402425
12/10/2020
WELLS FARGO BANK NA
2,834.82
402426
12/10/2020
EQ THE ENVIRONMENTAL QUALITY COMPANY
24,350.42
402427
12/10/2020
JP MORGAN CHASE BANK NA
1,523.31
402428
12/10/2020
FORTY FOURTH ASSOCIATES, LLC
2,940.00
TRANS NBR
DATE
VENDOR
AMOUNT
402429
12/10/2020
HIGHERGROUND INC
1,393.65
402430
12/10/2020
MURPHY & WALKER P L
4,287.75
402431
12/10/2020
FLORIDA ARMATURE WORKS INC
6,888.90
402432
12/10/2020
OVERDRIVE INC
539.40
402433
12/10/2020
REHMANN GROUP LLC
40,000.00
402434
12/10/2020
CLEAN SWEEP & VAC LLC
700.00
402435
12/10/2020
BURNETT LIME CO INC
16,657.14
402436
12/10/2020
ATLANTIC ROOFING II OF VERO BEACH INC
55,726.23
402437
12/10/2020
PENGUIN RANDOM HOUSE LLC
605.25
402438
12/10/2020
W S BADCOCK CORPORATION
12,140.79
402439
12/10/2020
SOUTHERN MANAGEMENT LLC
11,277.50
402440
12/10/2020
CHEMTRADE CHEMICALS CORPORTATION
11,925.95
402441-
12/10/2020
SUMMIT CONSTRUCTION OF VERO BEACH LLC
29,000.00
402442
12/10/2020
THE LAW OFFICES OF
901.00
402443
12/10/2020
SYLIVIA MILLER
130.00
402444
12/10/2020
HAWKINS INC
688.75
402445
12/10/2020
CAREFREE RANCH
1,500.00
402446
12/10/2020
CATHEDRAL CORPORATION
16,500.00
402447
12/10/2020
UNIFIRST CORPORATION
2,178.70
402448
12/10/2020
CDA SOLUTIONS INC
760.00
402449
12/10/2020
WILSON SPORTING GOODS CO
103.68
402450
12/10/2020
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC
231.78
402451
12/10/2020
GOTTA GO GREEN ENTERPISES INC
213.36
402452
12/10/2020
ADVANCE STORES COMPANY INCORPORATED
255.86
402453
12/10/2020
PATRIOT PRODUCTIONS LLC
250.00
402454
12/10/2020
COVERALL NORTH AMERICA INC
215.00
402455
12/10/2020
MATHESON TRI-GAS INC
6,016.86
402456
12/10/2020
ROBERT O RICHARDSON III
50.00
402457
12/10/2020
AQSEPTENCE GROUP INC
1,135.65
402458
12/10/2020
COLE AUTO SUPPLY INC
314.65
402459
12/10/2020
RHOADES AIR & HEAT
13,040.00
402460
12/10/2020
BOWMAN CONSULTING GROUP LTD
1,650.00
402461
12/10/2020
NESTLE WATERS NORTH AMERICA
112.84
402462
12/10/2020
SSE ASSOCIATES INC
1,050.00
402463
12/10/2020
ENVIRONMENTAL OPERATING SOLUTION INC
8,043.00
402464
12/10/2020
STUART RUBBER STAMP & SIGN CO INC
298.91
402465
12/10/2020
4206 TWENTIETH ASSOCIATES LLC
4,200.00
402466
12/10/2020
CORE & MAIN LP
18,215.04
402467
12/10/2020
PACIFIC RIM VENTURES INC
1,764.00
402468
12/10/2020
WOERNER AGRIBUSINESS LLC
508.00
402469
12/10/2020
HINTERLAND GROUP INC
48,665.00
402470
12/10/2020
STATE OF FLORIDA
8,438.30
402471
12/10/2020
AMAZON CAPITAL SERVICES INC
5,672.55
402472
12/10/2020
TREASURE COAST PLUMBING LLC
187.00
402473
12/10/2020
PIRATE PEST CONTROL LLC
107.00
402474
12/10/2020
CALITEN LLC
40.27
402475
12/10/2020
AMERIGAS PROPANE LP
3,906.77
402476
12/10/2020
BANYAN RECYCLING INC
420.00
402477
12/10/2020
JORDAN POWER EQUIPMENT CORP
610.45
402478
12/10/2020
CK CONTRACTORS & DEVELOPMENT LLC
49,306.22
402479
12/10/2020
DEANGELO BROTHERS LLC
215.00
402480
12/10/2020
LIBERTY TIRE RECYCLING LLC
8,190.64
402481
12/10/2020
JUDITH A BURLEY
32.50
402482
12/10/2020
APTIM CORP
1,875.11
402483
12/10/2020
POLYWRAP RECYCLING LLC
88.66
402484
12/10/2020
WITT O'BRIEN'S LLC
19,139.75
402485
12/10/2020
FERGUSON US HOLDINGS INC
14,586.60
402486
12/10/2020
BLUE GOOSE CONSTRUCTION LLC
1,628.01
402487
12/10/2020
STAPLES INC
411.14
402488
12/10/2020
LOWES COMPANIES INC
1,600.66
29
TRANS NBR
DATE
VENDOR
AMOUNT
402489
12/10/2020
PEOPLEREADY INC
312.00
402490
12/10/2020
HOLLINGER METAL EDGE
321.60
402491
12/10/2020
SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC
1,900.00
402492
12/10/2020
REBECCA SIPLAK
28.00
402493
12/10/2020
TRILLIUM PUMPS USA INC
50,086.00
402494
12/10/2020
SOURCE MOLECULAR CORPORATION
1,260.00
402495
12/10/2020
CARLON INC
315.84
402496
12/10/2020
BRITTON INDUSTRIES INC
705.18
402497
12/10/2020
OHL USA
176,627.50
402498
12/10/2020
KMG FENCE LLC
42,485.17
402499
12/10/2020
RANDSTAD NORTH AMERICA INC
1,760.01
402500
12/10/2020
CRIQUETAPPAREL
1,199.50
402501
12/10/2020
PEOPLE READY FLORIDA INC
1,746.24
402502
12/10/2020
MR COOPER GROUP INC
2,096.55
402503
12/10/2020
ELMDALE PROPERTY MANAGEMENT LLC
4,200.00
402504
12/10/2020
SUPERIOR FENCE & RAIL OF BREVARD COUNTY INC
75.00
402505
12/10/2020
RANSOM P CLARK
4,500.00
402506
12/10/2020
EDISSON VASQUEZ
8,809.18
402507
12/10/2020
JUDITH L CARNEVALE
2,071.11
402508
12/10/2020
JUAN SANCHEZ
500.00
402509
12/10/2020
FIRAS ALSAYED
100.00
402510
12/10/2020
AUDREE LEZNIEWICZ
5,000.00
402511
12/10/2020
SCOTT FINNEY
5,000.00
402512
12/10/2020
ANDY YEN NGUYEN
5,000.00
402513
12/10/2020
DUY K NGUYEN
5,000.00
402514
12/10/2020
B & R JEWELERS INC
5,000.00
402515
12/10/2020
TIP TOP NAILS OF SUMMER INC
5,000.00
402516
12/10/2020
LESTER TYSON
5,000.00
402517
12/10/2020
DALEL SALEH
5,000.00
402518
12/10/2020
JOSEPH A NUTT
5,000.00
402519
12/10/2020
BRIDAL SUITE INC
5,000.00
402520
12/10/2020
TROPICAL SMOOTHIE OF INDIAN RIVER COUNTY
5,000.00
402521
12/10/2020
PROTEUS CONSULTING INC
5,000.00
402522
12/10/2020
GALLERY 14 LLC
5,000.00
402523
12/10/2020
SWEET KISS ICE CREAM INC
5,000.00
402524
12/10/2020
SMILEY RILEYS ICE CREAM LLC
5,000.00
402525
12/10/2020
ARNALDO VIGOA
4,050.00
402526
12/10/2020
BEVERLY DILLON
37.36
402527
12/10/2020
SELENE BETTENCOURT
3,900.00
402528
12/10/2020
JARED MALDONADO
4,500.00
402529
12/10/2020
YOUSTINA GAD
4,500.00
402530
12/10/2020
WILLIAM MICHAEL BIEBESHEIMER
3,000.00
402531
12/10/2020
UTIL REFUNDS
193.50
402532
12/10/2020
UTIL REFUNDS
45.45
402533
12/10/2020
UTIL REFUNDS
36.63
402534
12/10/2020
UTIL REFUNDS
450.89
402535
12/10/2020
UTIL REFUNDS
22.65
402536
12/10/2020
UTIL REFUNDS
82.28
402537
12/10/2020
UTIL REFUNDS
32.31
402538
12/10/2020
UTIL REFUNDS
39.21
402539
12/10/2020
UTIL REFUNDS
151.96
402540
12/10/2020
UTIL REFUNDS
6.18
402541
12/10/2020
UTIL REFUNDS
76.30
402542
12/10/2020
UTIL REFUNDS
75.15
402543
12/10/2020
UTIL REFUNDS
31.53
402544
12/10/2020
UTIL REFUNDS
14.27
402545
12/10/2020
UTIL REFUNDS
27.41
402546
12/10/2020
UTIL REFUNDS
67.68
402547
12/10/2020
UTIL REFUNDS
67.26
402548
12/10/2020
UTIL REFUNDS
65.40
30
TRANS NBR
DATE
VENDOR
AMOUNT
402549
12/10/2020
UTIL REFUNDS
52.47
402550
12/10/2020
UTIL REFUNDS
98.71
402551
12/10/2020
UTIL REFUNDS
116.06
402552
12/10/2020
UTIL REFUNDS
45.60
402553
12/10/2020
UTIL REFUNDS
152.77
402554
12/10/2020
UTIL REFUNDS
28.52
402555
12/10/2020
UTIL REFUNDS
30.11
402556
12/10/2020
UTIL REFUNDS
94.09
402557
12/10/2020
UTIL REFUNDS
44.14
402558
12/10/2020
UTIL REFUNDS
40.04
402559
12/10/2020
UTIL REFUNDS
46.41
402560
12/10/2020
UTIL REFUNDS
86.77
402561
12/10/2020
UTIL REFUNDS
2.59
402562
12/10/2020
UTIL REFUNDS
72.67
402563
12/10/2020
UTIL REFUNDS
87.78
402564
12/10/2020
UTIL REFUNDS
43.88
402565
12/10/2020
UTIL REFUNDS
43.55
402566
12/10/2020
UTIL REFUNDS
5.71
402567
12/10/2020
UTIL REFUNDS
23.56
402568
12/10/2020
UTIL REFUNDS
48.38
402569
12/10/2020
UTIL REFUNDS
57.32
402570
12/10/2020
UTIL REFUNDS
31.65
402571
12/10/2020
UTIL REFUNDS
81.10
402572
12/10/2020
UTIL REFUNDS
16.36
402573
12/10/2020
UTIL REFUNDS
93.28
402574
12/10/2020
UTIL REFUNDS
8.91
402575
12/10/2020
UTIL REFUNDS
21.19
402576
12/10/2020
UTIL REFUNDS
38.73
Grand Total:
1,753,290.41
31
RENTAL ASSISTANCE CHECKS WRITTEN
TRANS NBR DATE VENDOR AMOUNT
900936 12/10/2020 CREATIVE CHOICE HOMES XVI LTD 471.00
Grand Total: 471.00
32
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1017468
12/08/2020
AT&T CORP
989.00
1017469
12/08/2020
OFFICE DEPOT INC
1,406.52
1017470
12/08/2020
COMCAST
27.96
1017471
12/08/2020
POLYDYNE INC
2,645.00
1017472
12/08/2020
WASTE MANAGEMENT INC OF FLORIDA
10,390.03
1017473
12/09/2020
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
6,750.00
1017474
12/09/2020
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
6,900.00
1017475
12/09/2020
FLORIDA DEPT OF ENVIRONMENTAL PROTECTION
6,900.00
1017476
12/10/2020
PARKS RENTAL & SALES INC
474.82
1017477
12/10/2020
NORTH SOUTH SUPPLY INC
157.98
1017478
12/10/2020
COLD AIR DISTRIBUTORS WAREHOUSE
224.13
1017479
12/10/2020
INDIAN RIVER BATTERY
2,978.25
1017480
12/10/2020
INDIAN RIVER OXYGEN INC
3,914.95
1017481
12/10/2020
APPLE INDUSTRIAL SUPPLY CO
484.59
1017482
12/10/2020
GALLS LLC
10.12
1017483
12/10/2020
MEEKS PLUMBING INC
1,006.00
1017484
12/10/2020
ABCO GARAGE DOOR CO INC
4,898.00
1017485
12/10/2020
AIR COMPRESSOR WORKS INC
2,575.88
1017486
12/10/2020
ALLIED UNIVERSAL CORP
26,872.62
1017487
12/10/2020
IRRIGATION CONSULTANTS UNLIMITED INC
73.53
1017488
12/10/2020
SOUTHERN COMPUTER WAREHOUSE INC
44.37
1017489
12/10/2020
APPLE MACHINE & SUPPLY CO
95.31
1017490
12/10/2020
HD SUPPLY FACILITIES MAINTENANCE LTD
755.14
1017491
12/10/2020
COMO OIL COMPANY OF FLORIDA
70.00
1017492
12/10/2020
COMPLETE ELECTRIC INC
5,885.00
1017493
12/10/2020
SPINNAKER VERO INC
504.28
1017494
12/10/2020
SIMS CRANE & EQUIPMENT CO
674.10
1017495
12/10/2020
AUTO PARTNERS LLC
247.00
1017496
12/10/2020
HYDRA SERVICE (S) INC
7,789.00
1017497
12/10/2020
ALLIED DIVERSIFIED OF VERO BEACH LLC
925.00
1017498
12/10/2020
EFE INC
1,856.80
1017499
12/10/2020
PACE ANALYTICAL SERVICES .LLC
1,814.00
1017500
12/10/2020
TOSHIBA AMERICA BUSINESS SOLUTIONS INC
175.04
1017501
12/10/2020
AT&T CORP
51.57
1017502
12/10/2020
WASTE MANAGEMENT INC OF FLORIDA
2,680.57
Grand Total:
103,246.56
33
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
8173
12/04/2020
KIMLEY HORN & ASSOC INC
65,783.06
8174
12/04/2020
AMERICAN FAMILY LIFE ASSURANCE CO
21,661.78
8175
12/04/2020
FL RETIREMENT SYSTEM
779,140.55
8176
12/04/2020
IRS -PAYROLL TAXES
302.86
8177
12/07/2020
KIMLEY HORN & ASSOC INC
47,857.50
8178
12/07/2020
CDM SMITH INC
54,284.35
8179
12/07/2020
RX BENEFITS INC
202,879.13
8180
12/07/2020
ATLAS ORGANICS INDIAN RIVER LLC
125,531.38
8181
12/08/2020
BLUE CROSS & BLUE SHIELD OF FLORIDA INC
39,962.00
8182
12/08/2020
ALLSTATE
146.66
8183
12/08/2020
HIGHMARK STOP LOSS
93,043.23
8184
12/08/2020
CHARD SNYDER & ASSOCIATES INC
329.60
8185
12/08/2020
FIDELITY SECURITY LIFE INSURANCE COMPANY
4,346.80
8186
12/08/2020
WEST HEALTH ADVOCATE SOLUTIONS INC
2,007.60
8187
12/08/2020
WEST HEALTH ADVOCATE SOLUTIONS INC
1,519.65
8188
12/09/2020
KIMLEY HORN & ASSOC INC
158,893.11
8189
12/09/2020
IRS -PAYROLL TAXES
12,150.52
8190
12/09/2020
SUPREME TITLE VERO BEACH
20,000.00
8191
12/10/2020
MUTUAL OF OMAHA
8,023.64
Grand Total:
1,637,863.42
34
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
180127 1h Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: ELISSA NAGY, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: December 17, 2020
comp o e
<<
9 O
SFR COUNT{
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
December 11, 2020 to December 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 December 11, 2020 to December 17, 2020.
35
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
402577
12/11/2020
ADMIN FOR CHILD SUPPORT ENFORCEMENT
233.40
402578
12/11/2020
ADMIN FOR CHILD SUPPORT ENFORCEMENT
39.07
402579
12/11/2020
NORTH CAROLINA CHILD SUPPORT
105.69
402580
12/11/2020
AMERITAS
31,533.48
402581
12/11/2020
TOTAL ADMINISTRATIVE SERVICES CORP
2,152.50
402582
12/11/2020
COMMONWEALTH OF MASSACHUSETTS
154.00
402583
12/11/2020
TX CHILD SUPPORT SDU
163.85
402584
12/14/2020
CREATIVE CHOICE HOMES XVI LTD
2,475.00
402585
12/14/2020
IRC HOUSING AUTHORITY
654.00
402586
12/14/2020
A3J3 INVESTMENTS LLC
3,150.00
402587
12/14/2020
GHOLAMREZA TORKAMAN
3,300.00
402588
12/14/2020
RICHARD PARENT
3,900.00
402589
12/14/2020
VERO BEACH INVESTMENTS LLC
2,793.00
402590
12/14/2020
VERO BEACH LEASED HOUSING ASSOC III LLLP
967.00
402591
12/14/2020
NRZ NBN ISSUER HOLDING LLC
2,447.94
402592
12/14/2020
JIMMIE F KOUNS
1,150.00
402593
12/14/2020
BERNARDO HERNANDEZ LEYVA
4,200.00
402594
12/14/2020
GARY R CALHOUN
4,350.00
402595
12/15/2020
INDIAN RIVER COUNTY HEALTH DEPT
43,618.57
402596
12/15/2020
SALAHEDDINE FEKIH
5,000.00
402597
12/15/2020
CHRISTOHER GRAY
5,000.00
402598
12/15/2020
CLIPPERHANDZ PREMIER CUTS INC
5,000.00
402599
12/15/2020
DAVID SCOTT STEINMAN
5,000.00
402600
12/15/2020
MENS HAIR BY SUETTE LLC
5,000.00
402601
12/15/2020
A DUNBAR SHOP LLC
5,000.00
402602
12/15/2020
ERICKA REARDIN
5,000.00
402603
12/15/2020
IR ONE HURRICANE HOLDING LLC
5,000.00
402604
12/15/2020
THERESA ANN MOODY
5,000.00
402605
12/15/2020
VELOCITY 1 FITNESS INC
5,000.00
402606
12/15/2020
ELIZABETHS CONSIGNMENT LLC
5,000.00
402607
12/15/2020
AIRBOAT WILDERNESS RIDES INC
5,000.00
402608
12/15/2020
VERO BEACH KEYBOARD INC
5,000.00
402609
12/15/2020
FRANCES BREWSTER INC
5,000.00
402610
12/16/2020
SELECT PORTFOLIO SERVICING INC
4,500.00
402611
12/16/2020
DANIEL CORY MARTIN
3,750.00
402612
12/16/2020
TITONE PROPERTIES LLC
2,400.00
402613
12/16/2020
MIDLAND MORTGAGE
2,741.94
402614
12/16/2020
JANICE KING
4,500.00
402615
12/16/2020
COMPUTERSHARE MORTGAGE SERVICES INC
4,398.78
402616
12/16/2020
NORMAN L FASHEK
3,960.00
402617
12/16/2020
CARRINGTON MORTGAGE SERVICES LLC
1,659.72
402618
12/16/2020
STEVE STAHLEY
2,400.00
402619
12/17/2020
FLORIDA WATER & POLLUTION CONTROL
325.00
402620
12/17/2020
FLORIDA WATER & POLLUTION CONTROL
325.00
402621
12/17/2020
FLORIDA PUBLIC EMPLOYER LABOR
375.00
402622
12/17/2020
PETER OBRYAN
217.79
402623
12/17/2020
KEVIN GUENTHER
53.00
402624
12/17/2020
CHRISTOPHER HOFFMAN
53.00
402625
12/17/2020
UTIL REFUNDS
44.59
402626
12/17/2020
UTIL REFUNDS
63.07
402627
12/17/2020
UTIL REFUNDS
100.07
402628
12/17/2020
UTIL REFUNDS
80.44
402629
12/17/2020
UTIL REFUNDS
21.00
402630
12/17/2020
UTIL REFUNDS
31.55
402631
12/17/2020
UTIL REFUNDS
72.16
402632
12/17/2020
UTIL REFUNDS
50.00
402633
12/17/2020
UTIL REFUNDS
21.55
402634
12/17/2020
UTIL REFUNDS
75.55
36
TRANS NBR
DATE
VENDOR
AMOUNT
402635
12/17/2020
UTIL REFUNDS
11.51
402636
12/17/2020
UTIL REFUNDS
34.07
402637
12/17/2020
UTIL REFUNDS
39.38
402638
12/17/2020
UTIL REFUNDS
54.64
402639
12/17/2020
UTIL REFUNDS
38.32
402640
12/17/2020
UTIL REFUNDS
34.37
402641
12/17/2020
UTIL REFUNDS
84.84
402642
12/17/2020
UTIL REFUNDS
36.65
402643
12/17/2020
UTIL REFUNDS
118.34
402644
12/17/2020
UTIL REFUNDS
58.14
402645
12/17/2020
UTIL REFUNDS
65.62
402646
12/17/2020
UTIL REFUNDS
99.25
402647
12/17/2020
UTIL REFUNDS
75.37
402648
12/17/2020
UTIL REFUNDS
67.48
402649
12/17/2020
UTIL REFUNDS
64.29
402650
12/17/2020
UTIL REFUNDS
42.62
402651
12/17/2020
UTIL REFUNDS
64.45
402652
12/17/2020
UTIL REFUNDS
58.34
402653
12/17/2020
UTIL REFUNDS
91.27
402654
12/17/2020
UTIL REFUNDS
109.26
402655
12/17/2020
UTIL REFUNDS
38.43
402656
12/17/2020
UTIL REFUNDS
38.06
402657
12/17/2020
UTIL REFUNDS
64.37
402658
12/17/2020
UTIL REFUNDS
88.12
402659
12/17/2020
UTIL REFUNDS
20.12
402660
12/17/2020
UTIL REFUNDS
29.40
402661
12/17/2020
UTIL REFUNDS
66.75
402662
12/17/2020
UTIL REFUNDS
86.02
402663
12/17/2020
UTIL REFUNDS
49.88
402664
12/17/2020
UTIL REFUNDS
99.12
402665
12/17/2020
UTIL REFUNDS
15.36
402666
12/17/2020
UTIL REFUNDS
81.64
402667
12/17/2020
UTIL REFUNDS
36.25
402668
12/17/2020
UTIL REFUNDS
79.27
402669
12/17/2020
UTIL REFUNDS
94.11
402670
12/17/2020
UTIL REFUNDS
332.82
402671
12/17/2020
UTIL REFUNDS
80.24
402672
12/17/2020
UTIL REFUNDS
62.58
402673
12/17/2020
PORT CONSOLIDATED INC
1,092.13
402674
12/17/2020
ROCKWOOD CORPORATION
97.20
402675
12/17/2020
COMMUNICATIONS INTERNATIONAL
380.50
402676
12/17/2020
LENGEMANN CORP
203.44
402677
12/17/2020
TEN-8 FIRE EQUIPMENT INC
4,538.73
402678
12/17/2020
RANGER CONSTRUCTION IND INC
1,116.12
402679
12/17/2020
VERO CHEMICAL DISTRIBUTORS INC
17.00
402680
12/17/2020
PALMDALE OIL COMPANY INC
39,629.92
402681
12/17/2020
RICOH USA INC
76.64
402682
12/17/2020
HENRY SCHEIN INC
2,139.18
402683
12/17/2020
DATA FLOW SYSTEMS INC
1,716.00
402684
12/17/2020
PARALEE COMPANY INC
600.00
402685
12/17/2020
E-Z BREW COFFEE & BOTTLE WATER SVC
51.44
402686
12/17/2020
GRAINGER
714.89
402687
12/17/2020
KELLY TRACTOR CO
626.41
402688
12/17/2020
VERO MARINE CENTER INC
110.92
402689
12/17/2020
WILD LAND ENTERPRISES INC
588.00
402690
12/17/2020
ST ANDREWS PRODUCTS CO
817.00
402691
12/17/2020
SCHULKE BITTLE & STODDARD LLC
450.00
402692
12/17/2020
PETES CONCRETE
1,150.00
402693
12/17/2020
TIRESOLES OF BROWARD INC
6,563.96
402694
12/17/2020
MYRON L COMPANY
1,185.56
37
TRANS NBR
DATE
VENDOR
AMOUNT
402695
12/17/2020
BLAKESLEE SERVICES INC
777.30
402696
12/17/2020
BAKER & TAYLOR INC
2,631.10
402697
12/17/2020
MIDWEST TAPE LLC
377.15
402698
12/17/2020
MWI CORP
842.87
402699
12/17/2020
HUDSON PUMP & EQUIPMENT
1,086.13
402700
12/17/2020
CENGAGE LEARNING INC
1,658.41
402701
12/17/2020
PALM TRUCK CENTERS INC
889.93
402702
12/17/2020
INDIAN RIVER COUNTY HEALTH DEPT
61,555.83
402703
12/17/2020
VICTIM ASSISTANCE PROGRAM
6,310.58
402704
12/17/2020
ROGER J NICOSIA
1,500.00
402705
12/17/2020
CITY OF VERO BEACH
3,733.77
402706
12/17/2020
CITY OF VERO BEACH
2,230.27
402707
12/17/2020
CITY OF VERO BEACH
11,987.50
402708
12/17/2020
JANITORIAL DEPOT OF AMERICA INC
148.50
402709
12/17/2020
WILLIAM KEITH MCCULLY
88.75
402710
12/17/2020
ROGER CLEVELAND GOLF INC
172.80
402711
12/17/2020
ACUS14NET COMPANY
770.68
402712
12/17/2020
TYLER TECHNOLOGIES INC
2,960.00
402713
12/17/2020
TIMOTHY ROSE CONTRACTING INC
23,121.13
402714
12/17/2020
TIMOTHY ROSE CONTRACTING INC
541,569.51
402715
12/17/2020
CALLAWAY GOLF SALES COMPANY
1,276.39
402716
12/17/2020
FLORIDA POWER AND LIGHT
37,139.83
402717
12/17/2020
PUBLIC DEFENDER
4,161.30
402718
12/17/2020
TAYLOR MADE GOLF CO INC
1,138.28
402719
12/17/2020
PEACE RIVER ELECTRIC COOP INC
230.91
402720
12/17/2020
NEW HORIZONS OF THE TREASURE COAST
26,657.00
402721
12/17/2020
SUNSHINE STATE ONE CALL OF FL INC
1,097.00
402722
12/17/2020
MEDICARE PART B FINANCIAL SERVICES
729.42
402723
12/17/2020
THE ROOF AUTHORITY INC
500.00
402724
12/17/2020
AARP INSURANCE
230.99
402725
12/17/2020
UNITED HEALTH CARE INS COMPANY
1,294.16
402726
12/17/2020
HENRY SMITH
48.00
402727
12/17/2020
PITNEY BOWES INC
117.03
402728
12/17/2020
JOHN BROWN & SONS INC
9,285.00
402729
12/17/2020
WESTSIDE REPROGRAPHICS OF VERO BEACH INC
23.40
402730
12/17/2020
KEEP INDIAN RIVER BEAUTIFUL INC
5,569.01
402731
12/17/2020
MASTER METER INC
4,750.00
402732
12/17/2020
HUMANA
76.04
402733
12/17/2020
DAVCO ELECTRICAL CONTRACTORS CORP
4,173.00
402734
12/17/2020
BRIDGESTONE AMERICAS INC
3,322.86
402735
12/17/2020
ST LUCIE COUNTY BOCC
40,795.83
402736
12/17/2020
THE PALMS AT VERO BEACH
3,950.00
402737
12/17/2020
INDIAN RIVER COUNTY HOSPITAL DISTRICT
-349,210.78
402738
12/17/2020
TRANE US INC
2,287.64
402739
12/17/2020
CELICO PARTNERSHIP
4,393.71
402740
12/17/2020
CINTAS CORPORATION NO 2
266.75
402741
12/17/2020
BENTLEY SYSTEMS INC
4,435.00
402742
12/17/2020
BRIDGESTONE GOLF INC
917.46
402743
12/17/2020
OTC DIRECT INC
56.62
402744
12/17/2020
OTC DIRECT INC
107.47
402745
12/17/2020
THE SHERWIN WILLIAMS CO
220.25
402746
12/17/2020
SOUTHERN JANITOR SUPPLY INC
3,035.89
402747
12/17/2020
PROGRESSIVE INSURANCE
265.20
402748
12/17/2020
MASTELLER & MOLER INC
2,490.00
402749
12/17/2020
HEVERON GROUP INC
2,100.00
402750
12/17/2020
GLOVER OIL COMPANY INC
13,800.10
402751
12/17/2020
SEBASTIAN RIVER AREA CHAMBER OF COMMERCE
4,323.32
402752
12/17/2020
LARRY STEPHENS
60.00
402753
12/17/2020
DOROTHY STRUNK
3,660.00
402754
12/17/2020
THE RAWLINGS CO LLC
383.12
TRANS NBR
DATE
VENDOR
AMOUNT
402755
12/17/2020
ORCHID ISLAND PROPERTY MGMT 11 INC
15,189.00
402756
12/17/2020
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
372.20
402757
12/17/2020
NICKEY SHERREL MILLS
500.00
402758
12/17/2020
JOHNNY B SMITH
375.00
402759
12/17/2020
MENTAL HEALTH ASSOCIATION IRC INC
11,454.33
402760
12/17/2020
CHARLES A WALKER
75.00
402761
12/17/2020
LOST TREE PRESERVE LLLP
57,443.38
402762
12/17/2020
SOUCY, CYNTHIA J & MARC
68.06
402763
12/17/2020
DIANE TYSON
3,900.00
402764
12/17/2020
KWACKS INC
1,859.00
402765
12/17/2020
MAUI RIPPERS INC
234.55
402766
12/17/2020
WINSUPPLY OF VERO BEACH
222.33
402767
12/17/2020
FLORIDA MEDICAID
180.78
402768
12/17/2020
RODRIGO PENALOZA
4,800.00
402769
12/17/2020
FLORIDA COAST EQUIPMENT INC
4,326.65
402770
12/17/2020
OVERDRIVE INC
1,454.23
402771
12/17/2020
DANIEL CORY MARTIN
3,750.00
402772
12/17/2020
PROMATIC INC
330.00
402773
12/17/2020
VERO BEACH PARTNERSHIP
400.00
402774
12/17/2020
VERO BEACH PARTNERSHIP
800.00
402775
12/17/2020
VERO BEACH PARTNERSHIP
800.00
402776
12/17/2020
GFA INTERNATIONAL INC
9,637.50
402777
12/17/2020
MOORE MOTORS INC
143.50
402778
12/17/2020
WILD TURKEY ESTATES OF VERO LLC
5,742.10
402779
12/17/2020
OCEAN RESEARCH & CONSERVATION ASSOCIATION
E 6,797.06
402780
12/17/2020
CARDINAL HEALTH I10 INC
987.61
402781
12/17/2020
MUNICIPAL EMERGENCY SERVICES INC
2,749.58
402782
12/17/2020
CARROT TOP INDUSTRIES INC
388.05
402783
12/17/2020
ALEX MIKLO
200.00
402784
12/17/2020
TREASURE COAST TURF INC
894.00
402785
12/17/2020
W&G MAINTENANCE
13,640.00
402786
12/17/2020
PENGUIN RANDOM HOUSE LLC
75.00
402787
12/17/2020
STRAIGHT OAK LLC
36.00
402788
12/17/2020
PRS
236.35
402789
12/17/2020
SAMBA HOLDINGS INC
1,590.52
402790
12/17/2020
MASCHMEYER CONCRETE COMPANY OF FLORIDA
887.04
402791
12/17/2020
CATHEDRAL CORPORATION
879.37
402792
12/17/2020
UNIFIRST CORPORATION
1,334.40
402793
12/17/2020
CDA SOLUTIONS INC
726.35
402794
12/17/2020
SUNSHINE HEALTH PLAN MEDICAID
90.29
402795
12/17/2020
SITEONE LANDSCAPE SUPPLY HOLDINGS LLC
231.03
402796
12/17/2020
BARSALOU VENTURES LLC
156.00
402797
12/17/2020
WURTH USA INC
58.50
402798
12/17/2020
AC VETERINARY SPECIALTY SERVICES
182.38
402799
12/17/2020
COVERALL NORTH AMERICA INC
2,015.00
402800
12/17/2020
ROBERT O RICHARDSON III
400.00
402801
12/17/2020
COLE AUTO SUPPLY INC
7,675.91
402802
12/17/2020
PRP CONSTRUCTION GROUP LLC
74,410.45
402803
12/17/2020
RHOADES AIR & HEAT
170.00
402804
12/17/2020
KONICA MINOLTA BUSINESS SOLUTIONS
119.14
402805
12/17/2020
M N WORLDWIDE INC
170.00
402806
12/17/2020
THE COACHING COMPANY INC
450.00
402807
12/17/2020
RELX INC
410.00
402808
12/17/2020
NESTLE WATERS NORTH AMERICA
55.41
402809
12/17/2020
CALVIN GIORDANO & ASSOCIATES INC
6,800.00
402810
12/17/2020
JOE PAYNE INC
14,328.08
402811
12/17/2020
DJD EQUIPMENT HOLDINGS LLC
3,225.06
402812
12/17/2020
ABISCOM INC
110.83
402813
12/17/2020
ENGINEERED SERVICES INC
60.00
402814
12/17/2020
ARI PHOENIX INC
2,878.51
39
TRANS NBR
DATE
VENDOR AMOUNT
402815
12/17/2020
STANTEC CONSULTING SERVICES INC
1,105.50
402816
12/17/2020
EMPIRE PIPE ORLANDO LLC
2,270.93
402817
12/17/2020
WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTIO
14,950.00
402818
12/17/2020
AMAZON CAPITAL SERVICES INC
1,486.43
402819
12/17/2020
PREMIER LANDSCAPE SOLUTIONS OF IR LLC
3,480.00
402820
12/17/2020
AMERIGAS PROPANE LP
1,631.54
402821
12/17/2020
METROPOLITAN COMMUNICATION SERVICES INC
395.00
402822
12/17/2020
DAVID MIKE
225.00
402823
12/17/2020
JORDAN POWER EQUIPMENT CORP
1,039.01
402824
12/17/2020
DEANGELO BROTHERS LLC
600.00
402825
12/17/2020
LIBERTY TIRE RECYCLING LLC
3,274.97
402826
12/17/2020
MULLINAX FORD OF VERO BEACH
1,320.43
402827
12/17/2020
R&S RADIO LLC
400.00
402828
12/17/2020
KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC
99.85
402829
12/17/2020
KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC
840.70
402830
12/17/2020
JENNIFER D JAMES
108.00
402831
12/17/2020
BLUE GOOSE CONSTRUCTION LLC
11,842.93
402832
12/17/2020
STAPLES INC
565.50
402833
12/17/2020
LOWES COMPANIES INC
3,595.50
402834
12/17/2020
RARESTEP INC
8,400.00
402835
12/17/2020
CHRIS ZAVESKY
325.00
402836
12/17/2020
DEX IMAGING LLC
25.00
402837
12/17/2020
SONRISE APARTMENT PROPERTIES LLC
2,805.00
402838
12/17/2020
ANATUM GEOMOBILE SOLUTIONS LLC
210.00
402839
12/17/2020
REBECCA SIPLAK
20.00
402840
12/17/2020
THEODORE SEMI
400.00
402841
12/17/2020
VERO BEACH LEASED HOUSING ASSOC III LLLP
500.00
402842
12/17/2020
BERL ENTERPRISES LLC
2,568.00
402843
12/17/2020
J-MAC CLEANING SERVICES INC
4,833.33
402844
12/17/2020
CARLON INC
1,076.40
402845
12/17/2020
PEOPLE READY FLORIDA INC
11,998.40
402846
12/17/2020
MR COOPER GROUP INC
2,083.17
402847
12/17/2020
FLORIDA COMMUNITY CARE
424.63
402848
12/17/2020
STAYWELL
44.72
402849
12/17/2020
LAKEWOOD VILLAGE MHC LLC
500.00
402850
12/17/2020
SHARON MAIN
4,150.00
402851
12/17/2020
VERO BEACH EAGLE DRIVE LLC
1,500.00
402852
12/17/2020
GENCIE LLC
2,437.00
402853
12/17/2020
MARC H MASET
150.00
402854
12/17/2020
GARY C GRASSETT
377.80
402855
12/17/2020
ELIZABETH SMITH
306.38
402856
12/17/2020
EDMUND R DAVIS
67.48
402857
12/17/2020
CITY OF MIAMI EMS SERVICES
220.00
402858
12/17/2020
GEOFFREY KRYSL
91.52
402859
12/17/2020
KATHRYN JOY
98.32
402860
12/17/2020
MARK R TIMBLIN
93.94
402861
12/17/2020
TRAVIS RICHMOND
199.60
402862
12/17/2020
LUMAR BUILDERS
100.00
402863
12/17/2020
FAY SERVICING LLC
2,018.91
402864
12/17/2020
DANUTA DE KLEYN
4,500.00
402865
12/17/2020
UTIL REFUNDS
45.39
402866
12/17/2020
UTIL REFUNDS
21.30
402867
12/17/2020
UTIL REFUNDS
82.65
402868
12/17/2020
UTIL REFUNDS
49.87
402869
12/17/2020
UTIL REFUNDS
66.84
402870
12/17/2020
UTIL REFUNDS
42.47
402871
12/17/2020
UTIL REFUNDS
30.27
402872
12/17/2020
UTIL REFUNDS
68.58
402873
12/17/2020
UTIL REFUNDS
323.41
402874
12/17/2020
UTIL REFUNDS
32.64
40
TRANS NBR
DATE
VENDOR
AMOUNT
402875
12/17/2020
UTIL REFUNDS
8.48
402876
12/17/2020
UTIL REFUNDS
83.67
402877
12/17/2020
UTIL REFUNDS
39.56
402878
12/17/2020
UTIL REFUNDS
11.97
402879
12/17/2020
UTIL REFUNDS
25.82
402880
12/17/2020
UTIL REFUNDS
45.70
402881
12/17/2020
UTIL REFUNDS
68.58
402882
12/17/2020
UTIL REFUNDS
78.16
402883
12/17/2020
UTIL REFUNDS
74.37
402884
12/17/2020
UTIL REFUNDS
22.88
402885
12/17/2020
UTIL REFUNDS
82.32
402886
12/17/2020
UTIL REFUNDS
84.28
402887
12/17/2020
UTIL REFUNDS
71.66
402888
12/17/2020
UTIL REFUNDS
6.34
402889
12/17/2020
UTIL REFUNDS
41.29
402890
12/17/2020
UTIL REFUNDS
67.60
402891
12/17/2020
UTIL REFUNDS
27.11
402892
12/17/2020
UTIL REFUNDS
75.65
402893
12/17/2020
UTIL REFUNDS
95.54
402894
12/17/2020
UTIL REFUNDS
50.86
402895
12/17/2020
UTIL REFUNDS
60.72
402896
12/17/2020
UTIL REFUNDS
62.91
402897
12/17/2020
UTIL REFUNDS
34.92
402898
12/17/2020
UTIL REFUNDS
36.58
402899
12/17/2020
UTIL REFUNDS
69.84
402900
12/17/2020
UTIL REFUNDS
205.01
402901
12/17/2020
UTIL REFUNDS
244.24
402902
12/17/2020
UTIL REFUNDS
24.27
402903
12/17/2020
UTIL REFUNDS
58.08
402904
12/17/2020
UTIL REFUNDS
25.60
402905
12/17/2020
UTIL REFUNDS
151.39
402906
12/17/2020
UTIL REFUNDS
73.78
402907
12/17/2020
UTIL REFUNDS
60.10
402908
12/17/2020
UTIL REFUNDS
85.48
402909
12/17/2020
UTIL REFUNDS
39.23
402910
12/17/2020
UTIL REFUNDS
90.39
Grand Total:
1,853,452.69
41
RENTAL ASSISTANCE CHECKS WRITTEN
TRANS NBR DATE
900937 12/17/2020
Grand Total:
VENDOR
STAPLES INC
AMOUNT
3,333.42
3,333.42
42
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1017503
12/14/2020
AT&T CORP
7,895.23
1017504
12/14/2020
COMCAST
149.95
1017505
12/14/2020
POLYDYNE INC
5,290.00
1017506
12/14/2020
WASTE MANAGEMENT INC OF FLORIDA
1,985.23
1017507
12/15/2020
OFFICE DEPOT INC
2,413.35
1017508
12/17/2020
RING POWER CORPORATION
2,366.71
1017509
12/17/2020
MIKES GARAGE & WRECKER SERVICE INC
130.00
1017510
12/17/2020
SMITH BROTHERS CONTRACTING EQUIP
1,406.60
1017511
12/17/2020
MEEKS PLUMBING INC
1,090.00
1017512
12/17/2020
WIGINTON CORPORATION
886.00
1017513
12/17/2020
HD SUPPLY FACILITIES MAINTENANCE LTD
495.64
1017514
12/17/2020
RECHTIEN INTERNATIONAL TRUCKS
1,006.79
1017515
12/17/2020
SPINNAKER VERO INC
455.50
1017516
12/17/2020
STAT MEDICAL DISPOSAL INC
205.00
1017517
12/17/2020
RADWELL INTERNATIONAL INC
260.21
1017518
12/17/2020
ALLIED DIVERSIFIED OF VERO BEACH LLC
85.00
1017519
12/17/2020
NEXAIR LLC
73.92
1017520
12/17/2020
PACE ANALYTICAL SERVICES LLC
10,591.00
1017521
12/17/2020
TOSHIBA AMERICA BUSINESS SOLUTIONS INC
2,032.63
Grand Total:
38,818.76
43
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
8192
12/11/2020
IRC FIRE FIGHTERS ASSOC
10,310.84
8193
12/11/2020
FL SDU
4,585.46
8194
12/11/2020
MUTUAL OF OMAHA
19,751.62
8195
12/11/2020
NATIONWIDE SOLUTIONS RETIREMENT INC
9,299.57
8196
12/11/2020
NATIONWIDE SOLUTIONS RETIREMENT INC
70,947.86
8197
12/11/2020
TOTAL ADMINISTRATIVE SERVICES CORP
11,838.44
8198
12/11/2020
RX BENEFITS INC
2,751.70
8199
12/14/2020
IRC CHAMBER OF COMMERCE
58,737.02
8200
12/14/2020
VETERANS COUNCIL OF I R C
2,836.76
8201
12/15/2020
CITY OF SEBASTIAN
242,366.69
8202
12/15/2020
FLORIDA DEPARTMENT OF REVENUE
21,964.19
8203
12/15/2020
FLORIDA DEPARTMENT OF REVENUE
607.11
8204
12/15/2020
FLORIDA DEPARTMENT OF REVENUE
2,236.46
8205
12/15/2020
FLORIDA DEPARTMENT OF REVENUE
2,519.58
8206
12/16/2020
CITY OF FELLSMERE
17,755.45
8207
12/16/2020
SCHOOL DISTRICT OF I R COUNTY
182,513.00
8208
12/17/2020
VETERANS COUNCIL OF I R C
4,283.55
8209
12/17/2020
ATLANTIC COASTAL LAND TITLE CO LLC
6,622.50
Grand Total:
671,927.80
r
CLERK OF CIRCUIT COURT
INTEROFFICE MEMORANDUM
To: Honorable Board of County Commissioners
Date: January 5, 2021
Subject: Approval of Public Official Bond for Eric S. Flowers as Sheriff
From: Terri Collins -Lister, Supervisor
Clerk to the Board and VAB
Pursuant to Section 137.01, Florida Statutes, Public Official Bonds must be approved by the Board
of County Commissioners. It is requested that the Board approve the attached Public Official
Bond, effective January 5, 2021 through January 5, 2025, for Eric S. Flowers.
In accordance with Ordinance 2012-033, the Public Official Bonds/Renewal Certificates are on
file in the Office of the Clerk to the Board.
Attachment: Public Official Bond — Eric S. Flowers
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Public Official Bond
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KNOW ALL PERSONS BY THESE PRESENTS, That we, Eric S. Flowers
(Officiui's Name)
as Principal, and WESTERN SURETY COMPANY
as Surety, are bound unto the Governor of the State of Florida, and his successors in office, in the sum of
$ 100,000.00 Dollars, we hereby bind ourselves and each of our heirs, executors,
administrators, successors and assigns, jointly and severally.
THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was
elected ® appointed ❑ Sheriff County of Indian River to hold this office for
(Name of Office)
a term beginning January 5, 2021 and ending January 5, 2025 and until his/her
successor is qualified according to the Constitution and Laws of the State of Florida.
NOW, THEREFORE, If the official shall faithfully perform the duties of t it office as pro ' e by law, this obligation is void.
X
(S" nature of Official)
Signed and Sealed this 23rd day of November 2020
101 S. Reid St., Ste. 300
WESTERN SURETY COMPANY Sioux Falls, SD 57103-7046
(Address of Main Surety Company)
Byr"TI"At. ASIA see- FLORIDA SHERIFFS INSURANCE AGENCY, LLC
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Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and
authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey,
New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina,
South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United
States of America, does hereby make, constitute and appoint
Paul T. Bruflat of Sioux Falls
,
State of south Dakota , its regularly elected vice President ,
as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on
its behalf as Surety and as its act and deed, the following bond:
•A • r� • .r. s. i
bond with bond number 72321754
for ERIC S. FLOWERS
as Principal in the penalty amount not to exceed: $100,000.00
Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company
duly adopted and now in force, to -wit:
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate
name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the
Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint
Attomeys-in-Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seat is
not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any
such officer and the corporate seat may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Vice President with the corporate seal affixed this 23rd day of November
2020
ATTEST
• . Nelson, Assistant Secretary
STATE OF SOUTH DAKOTA
COUNTY OF MINNEHAHA ss
W EST5'RN/SURETY-)C0MPANY
By
Paul T. Bgfflat, Vice President
On this 23rd day of November 2020 , before me, a Notary Public, personally appeared
Paul T Brrnflat and L_ Nelson
who, being by me duly swom, acknowledged that they signed the above Power of Attorney as Vice PrPsident
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the
volunta7 act and deed of said Corporation.
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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: 12/15/2020
RE: Request by Catherine Mary Blum and Brendon R. Blum for Release of an Easement
Located at 4531 7th PL SW
It is requested that the Board of County Commissioners formally consider the following information at its
regular meeting of January 5th, 2021.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Catherine Mary Blum and Brendon R. Blum owners of a lot located at
4531 7th PL SW for release of a portion of a landscape buffer easement located across the rear of their
lot. The purpose of the easement release request is to accommodate the construction of a swimming pool
and deck.
ANALYSIS
The request has been reviewed by the County Surveyor, the Indian River County Community
Development Department, the Indian River County Road & Bridge and Engineering Divisions, and the
Arbor Trace Subdivision Home Owners Association. None of the reviewing entities expressed an
objection to the requested release of easement, and as such, it is staff s position that the requested
easement release will have no adverse impact on the subject property or any adjacent properties.
RECOMMENDATION
Staff recommends that the Board, through adoption of the proposed resolution, approve release of the
landscape buffer easement as described in the attached resolution.
Attachments:
1. Map depicting easement proposed for release.
2. Proposed County Resolution Releasing Easement.
ease.bccmemo
proj./appl. no. 2001100158/88234
48
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RESOLUTION NO. 2021 -
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN
EASEMENT LOCATED AT 4531 7TH PL SW, ARBOR TRACE PHASE I PD
WHEREAS, Indian River County has an interest in a landscape buffer easement located on Lot 34,
Arbor Trace Phase I PD; and
WHEREAS, Catherine Mary Blum and Brendon R. Blum, the owners of the property, have made an
application to Indian River County requesting that the County release the easement, or portion thereof,
and
WHEREAS, the retention of the easement, or portion thereof, as described below, serves no 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:
to release the east ten (10) feet of the west twenty-five (25) foot landscape buffer easement of Lot 34, Arbor
Trace Phase I PD, according to the plat thereof, as recorded in Plat Book 16, Page 1 of the Public Records of
Indian River County, Florida.
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 92021,
by the following vote:
Chairman Joseph E. Flescher
Vice -Chairman Peter D. O'Bryan
Commissioner Susan Adams
Commissioner Laura Moss
Commissioner Joe Earman
The Chairman declared the resolution duly passed and adopted this day of , 2021
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Joseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
RIN
Deputy Clerk
50
RESOLUTION NO. 2021 -
APPROVED AS TO LEGAL FORM:
County Attorney
ease.beedoe
proj/apl. no. 2001100158/88234
Cc: Applicant:
CATHERINE MARY BLUM & BRENDON R. BLUM
4531 7TH PL SW
VERO BEACH, FL 32968
51
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: 12/15/2020
RE: Request by 63rd Street Group, LLC for Release of an Easement
Located at 4400 77th Street
It is requested that the Board of County Commissioners formally consider the following information at its
regular meeting of January 5th, 2021.
DESCRIPTION AND CONDITIONS
The County has been petitioned by 63rd Street Group, LLC, owner of a lot located at 4400 77th Street for
release of a drainage easement. The purpose of the easement release is to accommodate site
improvements related to property development.
ANALYSIS
The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services;
the Indian River County Utilities Department; the Indian River County Road & Bridge and Engineering
Divisions; and the County Surveyor. None of the utility providers or reviewing agencies expressed an
objection to the requested release of easement, and as such, it is staff's position that the requested
easement release will have no adverse impacts on the subject property or any adjacent properties.
RECOMMENDATION
Staff recommends that the Board, through adoption of the proposed resolution, approve release of the
easement as described in the attached resolution.
Attachments:
1. Map depicting easement proposed for release
2. Proposed County Resolution Releasing Easement
ease.bccmemo
proj./appl. no. 95120084/83859
52
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RESOLUTION NO. 2021 -
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN
EASEMENT LOCATED AT 4400 77TH STREET, HOBART ESTATES SUBDIVISION
UNIT 1
WHEREAS, Indian River County has an interest in a drainage easement located at 4400 77th Street;
and
WHEREAS, 63rd Street Group, LLC, the owner of the property, has made an application to Indian
.River County requesting that the County release the easement; and
WHEREAS, the retention of the easement as described below serves no 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:
to release the north twenty-five (25) foot surface drainage easement on Lots I through 5, Hobart Estates
Unit No. 1, according to the plat thereof, as recorded in Plat Book 8, Page 20 of the Public Records of Indian River
County, Florida.
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 52021,
by the following vote:
Chairman Joseph E. Flescher
Vice -Chairman Peter D. O'Bryan
Commissioner Susan Adams
Commissioner Laura Moss
Commissioner Joe Earman
The Chairman declared the resolution duly passed and adopted this day of , 2021
Un
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,. FLORIDA
Joseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
IM
Deputy Clerk
6Y■
RESOLUTION NO. 2021 -
APPROVED AS TO LEGAL FORM:
County Attorney
ease.bccdoc
proj/apl. no. 95120084/83859
Cc: Applicant:
63RD STREET GROUP LLC
4125 INDIAN RIVER DR.
VERO BEACH, FL 32963
55
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
Consent Agenda 1/5/2021
Offi of
INDIAN RIVER COUNTY
MEMORANDUM
TO: The Board of County Commissioners
FROM: Susan J. Prado, Assistant County Attorney
DATE: December 11, 2020
ATTORNEY
SUBJECT: Resolutions Cancelling Taxes on Properties Purchased for Public
Purpose: Right -Of -Way for 66th Avenue from Marsha A. Kinchen, an
Unmarried Woman and Marvin Kenneth Kinchen, an Unmarried
Man; and Kinchen Groves, Inc., a Florida Corporation
Resolutions have been prepared for the purpose of earmarking the public use of the
properties and cancelling any delinquent, omitted or current taxes which may exist on the
following properties purchased by Indian River County:
Public Purpose: Right-of-way for 66th Avenue
Location/Description: Portion of Parcel 32-39-06-00001-0010-00007.0
Purchased From: Marsha A. Kinchen, an unmarried woman and Marvin
Kenneth Kinchen, an unmarried man
Instrument: Warranty Deed recorded in O.R. Book 3366, Page
2278
Public Purpose: Right-of-way for 66th Avenue
Location/Description: Portion of Parcel 32-39-06-00001-0010-00001.0
Purchased From: Kinchen Groves, Inc., a Florida corporation
Instrument: Warranty Deed recorded in O.R. Book 3366, Page
2281
FUNDING:
There is no cost associated with this item.
56
RECOMMENDATION:
Authorize the Chairman of the Board of County Commissioners to execute each
Resolution to cancel certain taxes upon the properties purchased by Indian River County
for a public purpose, and the Clerk to send a certified copy of each Resolution to .the Tax
Collector and the Property Appraiser so that any delinquent or current taxes can be
cancelled.
Attachments: Resolutions
cc: Carole Jean Jordan — Tax Collector
Wesley Davis — Property Appraiser
57
purchased:from Marsha A. Kinchen, an unmarried woman and Marvin Kenneth Kinchen, an unmarried man
public purpose: for 66th Avenue right-of-way
part of tax parcel 32-39-06-00001-0010-00007.0
RESOLUTION NO. 2021-
A RESOLUTION OF INDIAN. RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.281
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon. receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
RESOLUTION NO. 2021 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which were purchased by Indian River County from
Marsha A. Kinchen, an unmarried woman and Marvin Kenneth Kinchen, an
unmarried man, for 66th Avenue right-of-way, are hereby cancelled pursuant to
the authority of section 196.28, F.S.
See Warranty Deed describing lands, recorded in
O.R. Book 3366, Page 2278 of the Public Records
of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows
Commissioner Joseph E. Flescher, Chairman
Commissioner Peter D. O'Bryan, Vice Chairman
Commissioner Susan Adams
Commissioner Joseph H. Earman
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and
adopted this day of January, 2021.
59
RESOLUTION NO. 2021 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
Joseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
Deputy Clerk
Tax Certificates Outstanding _ X
Yes No
Current Prorated Tax Received
and Deposited with Tax Collector $ -0-
Approved as to form and
legal sufficiency:
By:
Susan J. Prado
Assistant County Attorney
60
purchased from Kinchen Groves, Inc., a Florida corporation
public purpose: for W Avenue right-of-way
part of tax parcel 32-39-06-00001-0010-00001.0
RESOLUTION NO. 2021-
A RESOLUTION OF INDIAN RIVER
COUNTY, FLORIDA, CANCELLING
CERTAIN TAXES UPON PUBLICLY OWNED
LANDS, PURSUANT TO SECTION 196.28,
FLORIDA STATUTES.
WHEREAS, section 196.28, Florida Statutes, allows the Board of
County Commissioners of each County to cancel and discharge any and all liens
for taxes, delinquent or current, held or owned by the county or the state, upon
lands heretofore or hereafter conveyed to or acquired by any agency,
governmental subdivision, or municipality of the state, or the United States, for
road purposes, defense purposes, recreation, reforestation, or other public use;
and
WHEREAS, such cancellation must be by resolution of the Board of
County Commissioners, duly adopted and entered upon its minutes properly
describing such lands and setting forth the public use to which the same are or
will be devoted; and
WHEREAS, upon receipt of a certified copy of such resolution, proper
officials of the county and of the state are authorized, empowered, and directed
61
RESOLUTION NO. 2021 -
to make proper entries upon the records to accomplish such cancellation and to
do all things necessary to carry out the provisions of section 196.28, F.S.;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF .INDIAN RIVER COUNTY,
FLORIDA, that any and all liens for taxes delinquent or current against the
following described lands which . were purchased by Indian River County from
Kinchen Groves, Inc., a Florida corporation, for 66th Avenue right-of-way, are
hereby cancelled pursuant to the authority of section 196.28, F.S.
See Warranty Deed describing lands, recorded in
O.R. Book 3366, Page 2281 of the Public Records
of Indian River County, Florida.
The resolution was moved for adoption by Commissioner , and
the motion was seconded by Commissioner , and, upon being put to
a vote, the vote was as follows:
Commissioner Joseph E. Flescher, Chairman
Commissioner Peter D., O'Bryan, Vice Chairman
Commissioner Susan Adams
Commissioner Joseph H. Earman
Commissioner Laura Moss
The Chairman thereupon declared the resolution duly passed and
adopted this day of January, 2021.
62
RESOLUTION NO. 2021 -
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
In
Joseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk
of Court and Comptroller
By:
Deputy Clerk
Tax Certificates Outstanding _ X
Yes No
GScj
INDIAN RIVER COUNTY, FLORIDA 00
MEMORANDUM
DATE: December 15, 2020
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
James W. Ennis, P.E. PMP, Assistant Public Works Director
FROM: Michael Heller, Project Specialist
SUBJECT: Professional Roof Design and Evaluation Consulting Services,
RFQ No. 2020031
DESCRIPTION AND CONDITIONS
On February 20, 2020, a Request for Qualifications (RFQ No. 2020031) was advertised for
Professional Roof Design and Evaluation Consulting Services for a variety of future projects that
may be authorized by Indian River County. The professional services may include evaluations of
existing roof conditions, design solutions for remedial work, design solutions for roof replacement,
and preparation of design documents.
All submittal packages are on file in the County Purchasing Division.
A selection committee comprised of Rich Szpyrka, P.E., Public Works Director, Vincent Burke,
P.E., Director of Utilities Services, James Ennis, P.E., Assistant Public Works Director/County
Engineer, Michael Heller, Engineering Project Specialist, and Andy Sobczak, Chief of
Environmental Planning and Code Enforcement independently reviewed the seven (7) qualified
submittal packages and short-listed three (3) firms for interviews in accordance with FS 287.055
and the County Purchasing Manual. On June 25, 2020, the board authorized the Public Works
Department to enter into contract negotiations with the three top ranked firms: Jay Ammon
Architect, Inc., REI Engineers, Inc. and A/R/C Associates, Inc.
FUNDING
Although no funding is directly allocated for these continuing contract services, funds are available
within project specific County Accounts for these services. Following extension of the
Agreements, County Staff will present tasks to the Board as individual Work Orders prior to
commencement.
RECOMMENDATION
Staff recommends the Board approve the sample agreement and submitted rate schedules and
authorize the Chairman to execute the agreements once the County Attorney has approved as to
form and legal sufficiency and Risk Management has approved their required certificates of
insurance.
PAGE TWO
Agenda Item: Professional Roof Design and Evaluation.Consulting Service,
64
RFQ No. 2020031
For BCC Meeting January 5, 2021
ATTACHMENTS
1. Sample Agreement
2. Rate Schedules — Exhibit A
APPROVED AGENDA ITEM FOR JANUARY 5, 2021
65
CONTINUING CONTRACT AGREEMENT for CONTINUING PROFESSIONAL ROOF
DESIGN, EVALUATION, AND CONSTRUCTION OVERSIGHT SERVICES
THIS CONTINUING CONTRACT AGREEMENT for CONTINUING ENGINEERING
SERVICES ("Agreement"), RFQ 2020031 entered into as of this day of
, 2021 by and between INDIAN RIVER COUNTY, a political Subdivision
of the State of Florida, ("COUNTY"), and
("CONSULTANT").
BACKGROUND RECITALS:
/In compliance with the Consultants Competitive Negotiation Act, Se�ction 287.055, Florida
Statutes, the COUNTY has selected the CONSULTANT to provide certai ,> professional
services in the discipline of Geotechnical Engineering.
A. The CONSULTANT is willing and able to perform the Services for the COUNTY on
the terms and conditions set forth below; and
B. The COUNTY and the CONSULTANT., to enter into this Agreement for the
CONSULTANT's Services for various and
oversight projects. f
NOW THEREFORE, in accordance
good and valuable consideration,
acknowledged, the parties agree as
1. GENERAL
1.1 Professional services rovided b the CONSULTANT for the COUNTY � \p ` ,y COU shall
be identified in individualrWork Orders prepared by the COUNTY. Purchase Orders may be
issued by the COUNTY for proposed services that total less than $35,000.00. For proposed
services $35,000.02bd over, Work Orders shall be issued and approved by the County
Administrator -or Indian River -County -Board of County Commissioners, as authorized. For
the purpose-of,this document, Purchase Order shall be defined as a Work Order, however
the amount will be -less tkan.,$35,000.00. Work Orders shall be performed in a timely, efficient,
cost effective -manner, and in;accordance with current professional standards. Work Orders
shall 'include -a description of services to be performed; a statement of fees; a schedule of
deliverable=o-exceed,
schedule for compensation and whether compensation is lump sum,
maximum task based, or any combination of the foregoing; a budget
establishing the -amount of compensation to be paid with sufficient detail so as to identify all
of the various elements of costs; a projected schedule for completion of the work to be
performed by the CONSULTANT; and any other additional instructions or provisions relating
to the specific Services authorized pursuant to each Work Order that does not conflict with
d construction
I covenants herein contained and other
I
nd sufficiency of which are hereby
the terms of thisAgreement.
fi
1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal
document that is dated; serially numbered; and executed by both the COUNTY and the
CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific
services and CONSULTANT indicates a willingness to perform such specific services for the
terms and under the conditions specified in this Agreement. Each Work Order must be fully
executed by the COUNTY prior to issuance of the related Notice -to -Proceed.
1.3 Services related to any individual Work Order which would increase, decrease or
which are otherwise outside the scope of Services or level of effort contemplated by a Work
Order shall be Services for which the CONSULTANT must obtain the prior written approval
of the COUNTY as provided by this Agreement. All terms for theoerformance of such
Services must be agreed upon in a written document prior to anyf eviation from the terms
of a Work Order; and when properly authorized and executed-6y,both the,&ONSULTANT
and the COUNTY, shall become an amendment to the Work Orderjor a new Work Order, at
the sole option of the COUNTY. A separate Notice -to -Proceed may, at,the sole option" -of the
COUNTY, be given for each phase of the services contained in any �Work,Order hereunder.
1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing
requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the
COUNTY, shall be an addendum to this Agreement:.,Nothing contained in any Work Order
7/ Zshall conflict with the terms of this Agreement, and the':lterms�of�th"is;Agreement shall be
deemed to be incorporated into each individual Work./der as if fully'set forth therein.
1.5 A schedule of current hourly billing rates is set forth in Exhibit A attached to this
Agreement and made a, part hereof by` this reference. These hourly billing rates will remain
effective for the initial three-vear term of this�Acireement.
1.6 No representation or guarantee is.,made,by-Indian River County as to the minimum
or maximum dollar value, volume of -work, or type�of work, if any, that CONSULTANT will
receive during the.1term of this Agreements `J
1.7 The Background -Recitals are true and correct and form a material part of this
Agreement. 1 `
2. COU TN Y OBLIGATIONS
2.1 The.COUNTY\will provide the CONSULTANT with a copy of any preliminary data or
reports,available as required ,in connection with the work to be performed under this Agreement,
together with all available drawings, surveys, right-of-way maps, and other documents in the
possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to
accuracy of any data.ptovided. The CONSULTANT is responsible for bringing to the COUNTY's
attention, for the County's resolution, material inconsistencies or errors in such data that come to
the CONSULTANT'S attention.
2.2 The COUNTY shall arrange for access to, and make provisions for the
CONSULTANT to enter upon, public and private property (where required) as necessary for
the CONSULTANT to perform its Services, upon timely written request &CONSULTANT to
COUNTY.
2.3 The COUNTY shall promptly execute all permit applications necessary to the Project.
2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings,
specifications, proposals and other documents presented by the CONSULTANT, and render,
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in writing, decisions pertaining thereto within a reasonable time.
2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not
limitedto drawings, design specifications, written reports, or any work products of any nature
whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of
responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's
review, approval or acceptance of, or payment for, any of the Services furnished under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement or
of any cause of action arising out of the performance of this Agreement. The CONSULTANT
shall be and remain liable in accordance with all applicable laws for all damages to the
COUNTY caused by the negligent performance by the CONSULTANT of,any of the Services
furnished under thisAgreement.
2.6 The COUNTY reserves the right to appoint one or more (Project Managers for the
specific Services in connection with any Work Order. The Project -Manager shall:
(a) act as the COUNTY's agent with respect to the Services rendered,hereunder; (b) transmit
instructions to and receive information from the CONSULTANT; (c) communicate the
COUNTY's policies and decisions to the CONSULTANT regarding theServices; and (d)
determine, initially, whether the CONSULTANT is,fulflling\its duties, responsibilities, and
obligations hereunder. /Writt/en
2.7 The COUNTY shall give prompt notice to the CONSULTANT whenever the
COUNTY observes or otherwise becomes aware of -any development that affects the timing
or delivery of the CONS ULTANT's�Services�\l,f the" CONSULTANT has been delayed in
completing its Services through no fault,,or`neglligence of either the CONSULTANT or any
sub -consultant, and, as a result will be unable,to perform fully and satisfactorily under the
provisions of this Agreement,"then thZ6,(: NSULTANT shall promptly notify the Project
Manager. In the COUNTY's-,sole,discretionand,upon the submission to the COUNTY of
evidence of the causes of the �delay the Work `Order shall be modified in writing as set forth
in this Agreement,Fsubject to the COU.NTY'S.rights to change, terminate, or stop any or all of
the Services at anyjime ni accordance with this Agreement.
2.8 �The-CONSULTANT/sh��rnot.be considered in default for a failure to perform if such
failure/arises-,out of causes -reasonably beyond the CONSULTANT's control and through no
fault or 'negligence_of the CONSULTANT. The parties acknowledge that adverse weather
conditions, act`s of ,God,`�or, other unforeseen circumstances of a similar nature, may
necessitate modification's to this Agreement. If such conditions and circumstances do in fact
occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the
modifications -to. be -made to this Agreement.
3. RESPONSIBILITIES OF THE CONSULTANT
3.1 The CONSULTANT agrees to perform all necessary Services in connection with the
assigned Projects) as set forth in the Work Orders and in this Agreement.
3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any
Project. Before execution of a Work Order, the CONSULTANT shall consult with the
COUNTY to clarify and define the COUNTY's requirements for the Project.
3.3 The CONSULTANT agrees to complete the Project within the time frame specified
in the Work Order.
M
3.4 The CONSULTANT will maintain an adequate staff of qualified personnel.
3.5 The CONSULTANT will comply with all present and future federal, state, and local
laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed
under this Agreement.
3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant
and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder,
no person shall be excluded from participation in, denied the benefits of, or otherwise
subjected to discrimination in regard to the services to be performed by CONSULTANT under
this Agreement on the grounds of such person's race, color, creed, national origin, religion,
physical disability, age, or sex; and (2) the CONSULTANT shall/comply with all existing
requirements concerning discrimination imposed by any and all/applicable local, state, and
federal rules, regulations, or guidelines; as such rules, regulations, `or guidelines may be from
time to time amended.�;�
3.7 The CONSULTANT shall during the entire term of this Agreement;*procure and keep
in full force, effect, and good standing any and all\necessary licenses,,/registrations,
certificates, permits, and any and all other authorizations 'as are required by local, state, or
federal law, in order for the CONSULTANT to render its Services as..d se cribed in this
Agreement. The CONSULTANT shall also require all,sub-consultantsfto comply by contract
with the provisions of thissection.
3.8 The CONSULTANT will prepare all�necessary,,sketches and completed application
forms to accompany the COUNTY's applications any required federal, state, or local
permits. The CONSULTANT will replyin�writing,'to all regulatory agencies' requests for
additional information related to a permit, application.\The CONSULTANT will document all
meetings, conversations, etc with permitting agencies, ,The CONSULTANT will provide the
COUNTY with copies of all -permit applications including attachments, and all related
correspondence. The CONSULTANT acknowledges that preparation of all applicable permits
for the COUNTY's,submittal to regulator-
y agencies, and the CONSULTANT's written
responses to all regulatory agencies'\questions until the permit is issued or denied, are
included within the scope,ofasic compensation in each particular Work Order. No additional
service work related to'permifting ill.be-approved for any reason, except in the case where
new permitting requirements,become..effective after the effective date of a Work Order.
3.9 ' The CONSULTANT\will cooperate fully with the COUNTY in order that all phases of
the work ma_y=be properly scheduled and coordinated.
3.10 The CONSULTANT will cooperate and coordinate with other COUNTY
CONS ULTANTS,_as directed by the COUNTY.
3.11 The CONSULTANT shall report the status of the Services under this Agreement to
the County Project Manager upon request and hold all drawings, calculations and related
work open to the inspection of the County Project Manager or his authorized agent at any
time, uponreasonable request.
3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and
information, maps, contract documents, and other data developed by the CONSULTANT for
the purpose of this Agreement, are and shall remain the property of the COUNTY. The
foregoing items will be created, maintained, updated, and provided in the format specified by
the COUNTY. When all work contemplated under this Agreement is complete, all of the above
data shall be delivered to the County Project Manager.
69
3.13 The CONSULTANT will confer with the COUNTY during the further development of
improvements for which the CONSULTANT has provided design or other services, and the
CONSULTANT will interpret plans and other documents; correct errors and omissions; and
prepare any necessary plan revisions not involving a change in the scope of the work
required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by
the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors
or omissions, whichever event shall first occur. The foregoing is not intended to include
construction management services provided by the CONSULTANT.
3.14 The CONSULTANT agrees to maintain complete and accurate books and records
("Books"), in accordance with sound accounting principles and standards for all Services,
costs, and expenditures under this Agreement. The Books shall identify the Services rendered
during each month of the Agreement and the date and type of each Project -related expense.
The COUNTY shall have the right at any reasonable time and through anyfof its designated
agents or representatives, to inspect and audit the Books for the purpo'se'of verifying the
accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available
to the COUNTY as specified above, until the later of three (3) years\after the!date of
termination of this Agreement, or such longer time if required by any federal,,state, or other
governmental law, regulation, or grant requirement. \\ \ ,
3.15 The CONSULTANT shall not assign
the prior written consent of the COUNTY. WKS
the COUNTY, the CONSULTANT shall caus(
responsible for the major portions of each sE
reports or other data.
ransf&r ny work�under this -Agreement without
pplicable and upon receipt of such consent from
names of the engineering and surveying firms
aterspecialty of the work to be inserted on the
3.16 All documents, including but not limited to.drawings and specifications, prepared by the
CONSULTANT pursuant to this, Agreement are related exclusively to the Services described
herein and are not intended or -represented to be suitable for reuse by the COUNTY or others on
any other project. Reuse of any �document.or drawing shall be at the COUNTY's own risk.
The CONS ULTANT\��ii�allt=be el'\6,liable for any modifications made to the documents by
others.
3.17 /�Cont ar ctor is re'gistered with and will use the Department of Homeland Security's
E-Verify'system (www.e-'verify.gov) to confirm the employment eligibility of all newly hired
employees for�thi duration`,of�this agreement, as required by Section 448.095, F.S. Contractor is
also responsible for obtaining.proof of E -Verify registration and compliance for all subcontractors.
4. TERM; DURATIONr' OFAGREEMENT
4.1 This Agreement shall remain in full force and effect for a period of three (3) years after
the date of execution thereof, or until completion of all project phases as defined by the
COUNTY, whichever occurs first, or unless otherwise terminated by mutual consent of the
parties hereto, or terminated pursuant to Section 8 "Termination", This Agreement may be
extended for one additional two (2) year renewal atthe discretion ofthe County.
5. COMPENSATION
5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or
maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in
70
monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified
invoices, in triplicate phased as per the Work Order, shall be submitted to the County Project
Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a
proper invoice the County Project Manager will determine if the tasks or portions thereof have
been satisfactorily completed. Upon a determination of satisfactory completion, the County Project
Manager will authorize payment to be made. All payments for services shall be made to the
CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be
amended from time to time (Section 218.70, Florida Statutes, et seq.). Payment for Purchase
Orders will be included in the proposal for Purchase Order.
5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals
and lodgings, taxi fares and miscellaneous travel -connected expenses,for CONSULTANT's
personnel subject to the limitations of F. S. section 112.061, as may.,be amended from time
to time. Travel expenses, if any, shall not be on a direct pay/ basis by�the COUNTY.
Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not
be reimbursed for any travel within Indian River County, both aftera CONSULTANT arrives
from outside of Indian River County, and where a CONSULTANT maintains an officein Indian
River County.
5.1.2 The COUNTY shall make direct payment�of all permit fees/paid to regulatory
agencies for approvals directly attributable to the Services under the Project. These permit
fees do not include those permits requiredifor any construction contractor.
5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the
Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT
shall execute a mutually agreeable amended\Work,.00rder or a new Work Order.
5.3 The COUNTY shall have the sole'right to reduce or eliminate, in whole or in part, any
portion of the Services under any -Work Order at�any time and for any reason, upon written
notice to the CONSULTANT specifying -the nature and extent of the reduction. In such event,
the CONSULTANThs all_be paid for the Services already performed and also for the Services
remaining to be doneand. ot-reduced,oreliminated, upon submission of invoices as set forth
in thisAgreement.
5.4 /The COUNTY maat any time and for any reason, direct the CONSULTANT to
suspend "Services, in whole.,or in part underthis Agreement. Such direction shall be in writing,
and shall specify the—per iod�during which Services shall be stopped. The CONSULTANT
shall resume its -Services upon the date specified, or upon such other date as the COUNTY
may thereafter specify in writing. Where the COUNTY has suspended the Services under
this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT
for such suspended.Services may be subject to modification. The period during which the
Services are stopped by the COUNTY shall be added to the time of performance of this
Agreement.
6. ADDITIONAL WORK
6.1 If services in addition to the Services provided hereunder are required or desired by
the County in connection with the Project, the COUNTY may, at the sole option of the
COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT
to provide, either directly by the CONSULTANT or by a sub consultant, such additional
71
services by a new Work Order or by a written amendment to a specific Work Order.
7. INSURANCE AND INDEMNIFICATION
7.1 The CONSULTANT shall not commence work on this Agreement until it has obtained
all insurance required under this Agreement and such insurance has been approved by the
County's Risk Manager.
7.2 CONSULTANT shall procure and maintain, for the duration of this Agreement, the
minimum insurance coverage as set forth herein. The cost of such insurance shall be
included in the CONSULTANT's fee:
7.2.1 Workers' Compensation: Workers' Compensation as/required b the State of
P pY
Florida Employers' Liability of $100,000 each accident, $500,000, disease policy limit, and
$100,000 disease each employee. ����
7.2.2 General Liability: commercial general liability coverage; -,,including co to ractual
liability and independent contractor, with a minimum,combined single Iimit,of0,000 per
occurrence.
7.2.3 Business Automobile Liability: owned, hired', and `non -owned vehicles at a minimum
combined single limit of $300,000 per occurrence.
7.2.4 Professional Liability Insurance: `providing coverage for n gligent acts, errors, or
omissions committed by CONSULTANT with �a�limit of $1,000,000 per claim/annual
aggregate. This insurance shall extend coverage to,\loss of interest, earning, profit, use, and
business interruption, cost of repla�cem �•\o er, and other special, indirect, and
consequential damages.
7.3 CONSULTANT's insurance -coverage shall-eprimary.
7.4 All required surae policies\shall`be'placed with insurers licensed to do business
in Florida and with a Bests rating of A -VII r better.
7.5 The-in'll` rance�policies procured shall be occurrence forms, not claims made policies
with the exception of professional liability.
7.6 A certificate of,insurance shall be provided to the County's Risk Manager for review
and app�oval,,teri (10),days.prior to commencement of any work under this Agreement. The
COUNTY- shall be named as an additional insured on all policies except workers'
compensati C .and pr jessional liability.
7.7 The insurance companies selected shall send written verification to the County Risk
Manager that they will provide 30 days prior written notice to the County Risk Manager of its
intent to cancel or modify any required policies of insurance.
7.8 CONSULTANT shall include all sub -consultants as insured under its policies or shall
furnish separate certificates and endorsements for each sub consultants. All coverages for
sub -consultants shall be subject to all of the requirements stated herein.
7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to
72
review any and all policies of insurance and reasonably to adjust the limits of coverage
required hereunder, from time to time throughout the term of this Agreement. In such event,
the COUNTY shall provide the CONSULTANT with separate written notice of such adjusted
limits and CONSULTANT shall comply within thirty (30) days of receipt thereof. The failure
by CONSULTANT to provide such additional coverage shall constitute a default by
CONSULTANT and shall be grounds for termination of this Agreement by the COUNTY.
7.10 The CONSULTANT shall indemnify and hold harmless the COUNTY, and its officers
and employees, from liabilities, damages, losses, and costs, including, but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the CONSULTANT and other persons^employed or utilized
by the CONSULTANT in the performance of this Agreement.
8. TERMINATION
8.1 This Agreement may be terminated: (a) by the COUNTY, fo`r a'n'reason, upon>thirty
(30) days' prior written notice to the CONSULTANT; ,or (b) by the CO.NSULTANT,11for any
reason, upon thirty (30) days' prior written notice to the COUNTY; or4(c)Lby the mutual
Agreement of the parties; or d) as may otherwise_ be 'pprovided below. In`the event of the
termination of this Agreement, any liability of one party to the other arisingf&ut of any Services
rendered, or for any act or event occurring prior to thd�terminati n;shall not be terminated or
released.
8.2 In the event of termination by the COUNTY,; the COUNTY's sole obligation to the
CONSULTANT shall be payment for -those �portions of satisfactorily completed work
previously authorized by approved Work,Order. Such payment shall be determined on the
basis of the hours of work -perfumed by\the CONSULTANT, or the percentage of work
complete as estimated by the'CONSULTANT and agreed upon by the COUNTY up to the
time of termination. In the event of such -termination, the COUNTY may, without penalty or
other obligation to,the-CONSULTANT, elect to employ other persons to perform the same or
similar services.
8.3 The obligation to provide servi � s under this Agreement maybe terminated by either
party upon -seven (7) days,prio� written notice in the event of substantial failure by the other
party to perform in accordance with the terms of this Agreement through no fault of the
terminating party. 1�
8.4 Irl- the -event that the CONSULTANT merges with another company, becomes a
subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the
right to terminate this Agreement in accordance with its terms.
8.5 In the eventmof termination of this Agreement, the CONSULTANT agrees to surrender
any and all documents prepared by the CONSULTANT for the COUNTY in connection with
this Agreement
8.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to
allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in
conjunction with this Agreement.
8.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT
submits a false invoice to the COUNTY.
73
8.8 CONSULTANT certifies that it and those related entities of respondent as defined by
Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s.
215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this
agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it
and those related entities of respondent as defined above by Florida law are not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and
are not engaged in business operations in Cuba or Syria.
COUNTY may terminate this Contract if Company is found to have submitt&d a false certification
as provided under section 287.135(5), Florida Statutes, been placed"'on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or been engaged in business operations in CGba or Syria, as
defined by section 287.135, Florida Statutes. �f �
COUNTY may terminate this Contract if Company, including all wholly ownedubsidiaries,
majority-owned subsidiaries, and parent companies, that exist for the purpose of making profit,
is found to have been placed on the Scrutinized Companies that Boycott Israel,Listor is
engaged in a boycott of Israel as set forth in section -21-5.4725 Florida Statutes :\-'
9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCYFEES�
9.1 Execution of this Agreement�by\the-,CO.NSU`L ANT shall act as the execution of a
truth- in -negotiation certificate certifying that the, wage rates and costs used to determine the
compensation provided for in this Agreement are accurate, complete and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most favored
customer for the same or substantially similaservice�,The wage rates and costs shall be
adjusted to exclude any significant sums should the COUNTY determine that the wage rates
and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to
inaccurate representations of fees paid -to. outside CONSULTANT& The COUNTY shall
exercise its rights` 1unde this "Certs Cate" within one (1) year following final payment.
COUNTY has the authority n d'right toaudit CONSULTANT's records under this provision.
The C U TY does not hereby wave any other right it may have pursuant to Section
287.055, Florida Statute, as i may be from time -to -time amended.
9.2 ,Pursuant- to_ the CONSULTANTS' Competitive Negotiation Act, Section 287.055,
Florida Statutes; the\CONSULTANT warrants that it has not employed or retained any
company -or person other than a bona fide employee working solely for the CONSULTANT to
solicit or secure thisfAgreement and that it has not paid or agreed to pay any company or
person other than a -bona fide employee working solely for the CONSULTANT any fee,
commission, percentage fee, gifts or any other considerations, contingent upon or resulting
from the award or making of this contract. For breach of violation of this provision, the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to deduct from the contract price, or otherwise recover, the full amount of such
fee, commission, percentage, gift, or consideration.
10. MISCELLANEOUS PROVISIONS
10.1 Independent Contractor. It is specifically understood and acknowledged by the
parties hereto that the CONSULTANT or employees or sub -consultants of the
74
CONSULTANT are in no way to be considered employees of the COUNTY, but are
independent contractors performing solely under the terms of the Agreement and not
otherwise.
10.2 Merger; Modification. This Agreement incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the parties agree that there
are no commitments, agreements, or understandings of any nature whatsoever concerning
the subject matter of the Agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated upon any prior or
contemporaneous representations or agreements, whether oral or written. No alteration,
change, or modification of the terms of this Agreement shall be valid unless made in writing
and signed by the CONSULTANT and the COUNTY.
10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be
construed according to the laws of the State of Florida. Venue for any lawsuit brought by
either party against the other party or otherwise arising out of thisXAgreement sfiKall be in
Indian River County, Florida, or, in the event of federal jurisdiction, in the United States
District Court for the Southern District of Florida.
10.4 Remedies; No Waiver. All remedies -,provided`�\nthis Agreement shall be deemed
cumulative and additional, and not in lieu or exclusive�of\each`othe�or of any other remedy
available to either party, at law or in equity\Each right) power\and/remedy of the parties
provided for in this Agreement shall becumulative and -concurrent and shall be in addition to
every other right, power or remedy provided for in this Agreement or now or hereafter existing
at law or in equity or by statute or�otherwise.Ttib failure of either party to insist upon
compliance by the other party with any obligation, or exercise any remedy, does not waive
the right to so in the event/o a-continuing\or subsequent delinquency or default. A party's
waiver of one or more defaults -does no6donsfitute, a waiver of any other delinquency or
default. If any legal action or other p o eeding�'is brought for the enforcement of this
Agreement or because of an alleged dispute, breach, default, or misrepresentation in
connection with any provisions of this Agreement, each party shall bear its own costs.
10.5 Severability. If any term -or provision of this Agreement or the application thereof to
any person or -circumstance 'shall; to -any extent, be held invalid or unenforceable for the
remain/def—of-this Agreement, then the application of such term or provision to persons or
circumstances other -than those as to which it is held invalid or unenforceable shall not be
affected; -and every-otherter'm and provision of this Agreement shall be deemed valid and
enforceable-to"the extent permitted by law.
f,Funds. The obligations of the. COUNTY under this Agreement are
10.6 Availability�
subject to the availability of funds lawfully appropriated for its purpose by the Board of County
Commissioners of Indian River County.
10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or
anyform of indebtedness.
10.8 Survival. Except as otherwise expressly provided herein, each obligation in this
Agreement to be performed by CONSULTANT shall survive the termination or expiration of
this Agreement.
75
10.9 Construction. The headings of the sections of this Agreement are for the purpose
of convenience only, and shall not be deemed to expand, limit, or modify the provisions
contained in such sections. All pronouns and any variations thereof shall be deemed to refer
to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties
may require. The parties hereby acknowledge and agree that each was properly represented
by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial
rule of construction to the effect that a legal document shall be construed against the
draftsperson shall be inapplicable to this Agreement.
10.10 Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original copy and all of which shall constitute but one and the
same instrument.
10.11 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 1'1.9�Florida Statutes. The
Contractor shall comply with Florida's Public Records Law. Specifically; the'Contracto/r shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of P bu li R cords, 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 orconfidential 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, transferat no cost, to the County all public records in
possession of the `Contractor or kee andimaintain public records required by the County to
perform the service'�lf�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 exemptfrom,public.records disclosure requirements. If the contractor keeps and
maintain. s public,recordsiupon�ompletion of the contract, the Contractor shall meet all applicable
requirements for retaining,public records. All records stored electronically must be provided to the
Courity� upon request�from the Custodian of Public Records, in a format that is compatible with
the information technology systems of the County.
-- i
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
76
publicrecordsAircgov.com
Indian River County Office of the County Attorney
1801 27th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
Consultant:
M
INDIAN RIVER COUNTY
By its Board of County Co
By
Joseph E. Flesche'r, C
Printed Name and Title
Date
Date
Witness: Atter
And;
By
Printed Name
Deputv Clerk
by BCC:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
William K. DeBraal
Deputy County Attorney
loners
of Court
77
ip
EXHIBIT A
A/R/C
Associates
incorporated
A/R/C Associates, Incorporated
RATE SCHEDULE
JANUARY 5, 2021 to JANUARY 5, 2024
CATEGORY
10
10
43
42
41
55
54
62
70
61
DISCIPLINE
Principal
Principal
Project Manager
Project Manager
Draftsman
Quality Assurance
Manager
Quality Assurance
Representative
Office Manager
Bookkeeper
Clerical
NAME
Joseph J. Williams
James W. Ripley
Troy Giebert
Tyler Hall
Jonathan Parent
George Pierre
Randy Barton
Troy A. Howe
Jewel Smith
April Foster
Cheryl Hastay
RATE
$ 170.00
$ 170.00
$ 100.00
$ 100.00
$ 60.00
$ 95.00
$ 90.00
$ 75.00
$ 75.00
$ 55.00
Updated: January 2020
79
eons
JAY AMMON ARCHITECT, INC.
LICENSE NO. AA C002098
JAY AMMON ARCHITECT, INC. - RATE SCHEDULE - INDIAN RIVER COUNTY
PERSONNEL RATES:
Principal Architect:
$196.00/ hr
Project Architect:
$138.00 / hr
Project Engineer:
$136.00 / hr
Project Manager:
$116.00 / hr
Thermographer:
$112.00 / hr
Field Technician:
$96.00 / hr
CAD Technician:
$82.00 / hr
Construction Observer:
$75.00 / hr
Secretary:
$48.00 / hr
EXPERT WITNESS RATES:
Principal Architect: Travel and Research $196.00 / hr
Principal Architect: Depositions and Trial Testimony $350.00 / hr
REIMBURSABLE RATES:
Mileage: $0.55/mile
Sub -consultants: Cost plus 10%
All other Expenses: Cost
The above fees are valid through January 5, 2021 to January 5, 2024.
3246 LAKEVIEW OAKS DRIVE • LONGWOOD, FLORIDA 32779 0 FAX (407) 333-4686 0 PHONE (407)3-1977
�- EXH I BIT A
E N G I N E E R S
Exhibit 1
REI ENGINEERS
Standard Fee Schedule January 5, 2021 through January 5, 2024
A. STANDARD UNIT RATES FOR PROFESSIONAL SERVICES*
1. Principal.....................................................................:......................................:. $220.00/hr.
2. Licensed Professional (PE, AIA).........................................................................$165.00/hr.
3. Project Manager..................................................................................................$115.00/hr.
4. Technician.............................................................................................................$75.00/hr.
5. Draftsman (includes AutoCAD time).....................................................................$60.00/hr.
6. Clerical.................................................................................................................. $50.00/hr.
B. MISCELLANEOUS CHARGES
1. Mileage................................................................................................................. $0.65/mile
2. Per Diem ................................................... ..................... ......................:.............. $90.00/day
3. Expenses............................................................................................................ Cost x 1.15
4. Technical Field Equipment................................................................................ $250.00/day
C. FIELD TESTING
1. Shall be as quoted on a per project basis.
*Time over 40hrs./wk. & Saturdays at time and one-half. Sundays & Holidays at double time.
Minimum personnel charge for site visits is four hours excluding travel time.
Engineering solutions for tomorrow`s
500 County Road One I P. 0. Box 549 reiengineers.com
Palm Harbor, FL 34682 813.944.2137
81
INDIAN RIVER COUNTY, FLORIDA
BOARD MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: Richard B. Szpyrka, P.E., Public Works Director
FROM: Eric Charest, Natural Resources Manager
SUBJECT: Work Order No. 15 - Morgan & Eklund, Inc.
2021 Beach Profile Monitoring Surveys (WINTER)
DATE: December 15, 2020
DESCRIPTION AND CONDITIONS
On October 4, 2016, the Board of County Commissioners (BCC) approved a contract with Morgan
and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year
term. The Board amended the Contract on October 18, 2016. The contract was renewed for an
additional two-year term on October 4, 2018 and then again on October 4, 2020 for an additional
two-year term. M&E is the selected County Consultant for professional onshore/offshore
hydrographic surveying services.
The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order
to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order
No. 15 provides winter -time countywide hydrographic surveying (beach profile) services for the
Sectors 3, 5, and 7 Beach Nourishment Projects and additional surveying to begin a 2021
countywide (22.4 miles) monitoring effort. All onshore and offshore beach profile surveys are
conducted along the Florida Department of Environmental Protection (FDEP) Range Monuments
at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward
to a location approximately 40 feet offshore (cross -shore). For project tracking purposes, Work
Order No. 15 is divided into four (4) separate tasks.
Task 1: Winter 2021 Sector 3 Phase 1 Phvsical Monitoring Survev (R-15 to R-60. excluding active
construction zone of R21 to R-39, 27 Onshore/Offshore Profile Lines)
Hydrographic surveys of the project area must continue semi-annually to determine the long-
term performance of the beach and if infrastructure may be vulnerable to storm damage during
years in between recommended beach projects identified in the Beach Preservation Plan. As
Phase 1 of the County's Sector 3 Beach and Dune Restoration Project will be underway during
the Winter 2021 Physical Monitoring Survey, survey lines for R-21 through R39 have been
excluded from the survey work. Pre- and Post- sand placement surveys will be collected in this
area during construction. The remaining hydrographic survey data collected from this task is
required forthe design of the upcoming Phase 2 Nourishment Project for Sector 3. Task 1 includes
surveying (approx. 7.5 miles) to provide on-going 2021 physical monitoring data for the Sector 3
Beach and Dune Nourishment Project area. Task 1 totals a lump sum amount of $15,065.00.
RN
Page 2
2021 Winter Beach Profile Survey
January 5, 2021 BCC Agenda Item
Task 2: Winter 2021 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore
Lines
Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is
required by the FDEP Permit to monitor the physical changes associated with the nourishment
project semi-annually to determine the long-term performance of the project and if
infrastructure may be vulnerable to storm damage. Task 2 includes surveying (approxi 4.5 miles)
required for the winter semi-annual monitoring of the Sector 5 Beach and Dune Nourishment
Project area. Task 2 totals a lump sum amount of $15,065.00.
Task 3: Winter 2021 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore
lines
Hydrographic surveys of the project area must continue semi-annually to determine the long-
term performance of the beach and if infrastructure may be vulnerable to storm damage during
years in between recommended beach projects identified in the Beach Preservation Plan.
Hydrographic survey data collected from this task is required for updates to the design of the
upcoming Nourishment Project. Task 3 includes surveying (approx. 2 miles) required for the
winter semi-annual monitoring of the Sector 7 Beach Nourishment Project area and for design of
the upcoming nourishment project. Task 3 totals a lump sum amount of $7,342.50.
Task 4: Winter 2021 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R -109-R to
R-119, 20 Onshore/Offshore lines)
For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile
surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure
may be vulnerable to storm damage. The beach profile surveys will then be used to determine
appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan,
including the upcoming Nourishment Projects. Task 4 includes the remaining countywide
(approx. 4 miles) beach profile surveys. Task 4 totals a lump sum amount of $11,795.00.
Please note:
The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts
semiannual beach profile surveys along the northern 5.6 miles of the County. The District
continues to partner with the County and has agreed to provide their certified 2021 beach profile
survey data to the County,. resulting in a complete 22.4 mile countywide beach profile survey and
a combined annual savings of approximately $30,000 to the County.
FUNDING
Funding for these tasks comes to a total lump sum fee of $49,267.50. Funding for the individual
tasks are as follows:
Task 1: Winter 2021 Sector 3 Phase 1 Physical Monitoring Survey (R-15 to R-60, excluding active
construction zone of R21 to R-39, 27 Onshore/Offshore Profile Lines)
Funding for Task 1 is budgeted and available for design of the Sector 3 Beach Nourishment Project
area in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew,
Hurricane Irma and Hurricane Dorian Account No. 12814472-066514-17001. Task 1 totals a lump
sum amount of $15,065.00. 83
Page 3
2021 Winter Beach Profile Survey
January 5, 2021 BCC Agenda Item
Task 2: Winter 2021 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore
Lines
Funding for Task 2 is budgeted and available for physical monitoring of the Sector 5 Beach
Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring,
Account No. 12814472-033490-15021. Task 2 totals a lump sum amount of $15,065.00.
Task 3: Winter 2021 Sector 7 Physical Monitoring Survey (R-97 to R-108, 12 Onshore/Offshore
lines
Funding for Task 3 is budgeted and available for updates to the design of the Sector 7 Beach
Nourishment Project area in the Beach Restoration Fund/Sector 7 Beach
Renourishment/Hurricane Matthew, Hurricane Irma and Hurricane . Dorian Account No.
12814472-066512-17001. Task 3 totals a lump sum amount of $7,342.50.
Task 4: Winter 2021 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R -109-R to
R-119, 20 Onshore/Offshore lines)
Funding for Task 4 is budgeted and available for physical monitoring of non -project areas in the
Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 4
totals a lump sum amount of $11,795.00.
RECOMMENDATION
The recommendation of staff is for the BCC to approve Work Order No. 15 to the Professional
Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of
$49,267.50 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the
County.
ATTACHMENT
1. Morgan and Eklund WO No. 15
2. Work Order No. 15 Agreement
APPROVED AGENDA ITEM FOR: January 5, 2021
&E�QQT�
Morgan, & Eklund, Inc.
4909 US Highway 1 Phone, 772-3BB-5364
Vero Beach, Florida 32967 Fax: 772-3BB-3165
November 13, 2020
(Revised December 8, 2020)
Indian River County
Public Works Coastal Division
Attn: Mr. Eric Charest, Natural Resources Manager
180127 1h Street
Vero Beach, FL 32960
RE: 2021 Winter Semi -Annual Indian River County Coastal Monitoring Survey;.
Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 (excluding R-21 to
R-39)
Dear Eric:
Morgan & Eklund, Inc. is pleased to provide you with the following proposal to furnish
professional land and hydrographic survey services for the above referenced project.
Beach profiles will include R-15 through R-119, a total of 105 profile lines. All data collected
will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund,
Inc. will provide the County with beach profile data in ASCII file format together with
AutoCAD drawings signed by the surveyor. We will also provide FDEP submittal package. The
survey will be performed in January/February 2021 with drawings and reports completed in
April 2021.
In accordance with the scope of work as provided, I estimate our costs to be as follows:
I. Sector 3 (R-15 to R-60, excluding R-21 to R-39),27 Onshore/Offshore Profile
Lines)
Chief Surveyor
2.5 hours @ $135/hr.......................................$ 337.50
Senior Project Manager
12 hours @$95/hr..................................:.......$ 1,140.00
Hydrographic Lead Surveyor
10 hours @$85/hr..........................................$ 850.00
:-1
Survey Technician (Boat)
10 hours @$55/hr..........................................$ 550.00
Three Man Survey Crew
51 hours @ $135/hr........................................$ 6,885.00
26' Parker Survey Boat
1.5 days @ $600/day..............................:.......$ 900.00
Motion Compensator
1.5 days @ $200/day......................................$ 300.00
Digital Fathometer
1.5 days @ $85/day........................................$
127.50
Hypack Navigation Software & Computer
1.5 days @ $50/day........................................$
75.00
Trimble RTK
5 days @ $450/day.........................................$
2,250.00
Beach UTV
5 days @ $75/day...............................I............$
375.00
Senior Survey Computer Technician
15 hours @$85/hr..........................................$
1,275.00
Total............................................................$
15,065.00
II. Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines)
Chief Surveyor
2.5 hours @ $135/hr.......................................$ 337.50
Senior Project Manager
12 hours @ $95/lir...................................I.......$ 1,140.00
Hydrographic Lead Surveyor
10 hours @$85/hr..........................................$ 850.00
Survey Technician (Boat)
10 hours @$55/hr..........................................$ 550.00
Three Man Survey Crew
51 hours @ $135/hr........................................$ 6,885.00
26' Parker Survey Boat
1.5 days @ $600/day......................................$ 900.00
Motion Compensator
1.5 days @ $200/day......................................$ 300.00
Digital Fathometer
1.5 days @ $85/day.................................4......$ 127.50
Hypack Navigation Software & Computer
1.5 days @ $50/day................................:.......$ 75.00
Trimble RTK
5 days @ $450/day.....:.........:.........................$ 2,250.00
Beach UTV
5 days @ $75/day...........................................$ 375.00
Senior Survey Computer Technician
15 hours @$85/hr..................................:.......$ 1,275.00
Total II ..........................................................$ 15,065.00
III. Sector 7 (R-97 to R-108,12 Onshore/Offshore Lines)
Chief Surveyor
2 hours @ $135/hr..........................................$ 270.00
Senior Project Manager
7 hours @$95/hr............................................$ 665.00
Hydrographic Lead Surveyor
5 hours @$85/hr............................................$ 425.00
Survey Technician (Boat)
5 hours @$55/hr............................................$ 275.00
Three Man Survey Crew
26 hours @ $135/hr........................................$ 3,510.00
26' Parker Survey Boat
%2 days@ $600/day..........................................$ 300.00
Motion Compensator
%2 day @ $200/day.........................................$ 100.00
Digital Fathometer
1/2 day @ $85/day...........................................$ 42.50
Hypack Navigation Software. & Computer
1/2 day @ $50/day...........................................$ 25.00
Trimble RTK
2 days @ $450/day............:............................$ 900.00
RE
Beach UTV
2 days.@ $75/day...........................................$ 150.00
Senior Survey Computer Technician
8 hours @$85/hr:...........................................$ 680.00
Total111 .........................................................$ 7,342.50
IV. Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119,20
Onshore/Offshore Lines)
Chief Surveyor
2 hours @ $135/hr..........................................$ 270.00
Senior Project Manager
9.5 hours @$95/hr.........................................$ 902.50
Hydrographic Lead Surveyor
9 hours @$85/hr.................:.I.........................$ 765.00
Survey Technician (Boat)
9 hours @$55/hr............................................$ 495.00
Three Man Survey Crew
40 hours @ $135/hr........................................$ 5,400.00
26' Parker Survey Boat
1 day @ $600/day..........................................$ 600.00
Motion: Compensator
1 day @ $200/day...............:..........................$ 200.00
Digital Fathometer
1 day @ $85/day............................................$ 85.00
Hypack Navigation Software & Computer
1 day @ $50/day............................................$ 50.00
Trimble RTK
3.5 days @ $450/day......................................$ 1,575.00
Beach UTV
3.5 days @ $75/day........................................$ 262.50
Senior Survey Computer Technician
14 hours @$85/hr..........................................$ 1,190.00
Total IV .........................................................$ 11,795.00
TOTAL COST I-IV ...........................................$ 49,267.50
As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River
County on this project.
Sincerely,
David W. Dlgitall,slgnM bi Da W. Coggin
DN: m=D.Md W.Coggl o=Morganand
Eklurd lr�c,ou,
Coggin � emalMmgglnpmnry.nekluiW mm. c=DS
"�oam zgzg.t zae Dgta:sa ring
David W. Coggin, PSM
Vice President
DWC:dmc
Billing: project will be invoiced monthly based on percentage completed
89
�gl'F�p
3 !,
Board of County Commissioners
Administration - Building A
1801 27th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project:
2021 Beach Profile Monitoring Surveys (Winter)
WORK ORDER NO. 15 (Hydrographic Surveying)
FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SURVEYING and MAPPING/GIS SERVICES
WITH
MORGAN AND EKLUND, INC
In accordance with Contract No. 1605 2020-2022
This Work Order No. 15 is in accordance with the existing AGREEMENT dated October 4, 2016
and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian
River County (COUNTY); This Work Order No. 15 amends the agreement as follows:
SECTION I — PROJECT LIMITS
This Work Order No. 15 is for the SURVEYOR to perform all related field and office Surveying
and Mapping services in connection with the 2021 Beach Profile Monitoring Surveys (Winter);
Florida Department of Environmental Protection Reference Monuments R-15 — R-119.
SECTION II - SCOPE OF SERVICES
As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional
Land Surveying services to complete all tasks as outlined in this Work Order No. 15; specifically
detailed in the attached proposal Exhibit A.
SECTION III — TIME FOR COMPLETION & DE LIVE RABLESIWORK PRODUCT
1. Project shall be completed as follows:
a. 100% "Paper" review. submittal (final review prior to request for final deliverables) shall
be made within 90 calendar days of receipt of Notice to Proceed for review by County
Staff prior to preparing the final submittal package.
b. Time of FINAL project completion shall be within 10 calendar days of receipt of the
County's review comments from the 100% "Paper Submittal".
90
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 100% Phase Submittal for COUNTY review and comment. All submittals shall
include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all
survey points. COUNTY shall strive to provide review comments within 10 calendar
days of the preliminary submittal.
b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and
model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D
2013, PDF formats and an ASCII file for all survey points, all electronic files to be on
CD.
c. Survey set/sheets shall include a cover sheet with location sketch, survey
certifications, related title and project number, survey notes, legend and
abbreviations and plan view sheets.
d. Work Product and digital versions are to be prepared and submitted so that the
COUNTY or other consultants can readily use it for the design and analysis of the
area, as defined. It shall contain all information necessary for third -party surveyor to
.independently recreate and/or utilize the survey work. It is acknowledged all final
products become property of Indian River COUNTY and will be available for use by
the public at large.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards as
defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S
request for payment.
SECTION IV — COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described
services rendered as identified in Sections I, II, III and IV of this Work Order No. 15, for a total
lump sum fee of $49,267.50.
All and/or any additional services not described hereon shall be pre -approved by the
COUNTY. Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2020
through October 3, 2022.
All invoicing shall include Work Order No. 15 (WO 15), Contract Number (1605). Payments shall
be in accordance with the original Professional Surveying and Mapping Services Agreement,
Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon.
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF the parties hereto have executed these presents this day
of 2021.
91
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(Signature)
Joseph Flescher, Chairman
Approved by BCC,
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
(Seal) Deputy Clerk
Approved:
Jason E, Brown, COUNTY Administrator
Approved as to Form and Legal Sufficiency:
William K. DeBraal, Deputy COUNTY
Attorney
Morgan and Eklund, Inc.
(Signature)
(Printed name and title)
Witnessed by:
(Signature)
92
INDIAN RIVER COUNTY, FLORIDA 7T
BOARD MEMORANDUM
TO: Jason E. Brown, County Administrator
THROUGH: IRichard B. Szpyrka, P.E., Public Works Director
THROUGH: Eric Charest, Natural Resources Manager
SUBJECT: Work Order No. 16 - Morgan & Eklund, Inc.
2021 Beach Profile Monitoring Surveys (SUMMER)
DATE: December 15, 2020
DESCRIPTION AND CONDITIONS
On October 4, 2016, the Board of County Commissioners (BCC) approved a contract with Morgan
and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year
term. The Board amended the Contract on October 18, 2016. The contract was renewed for a
two-year term on October 4, 2018, and then again on October 4, 2020 for an additional two-year
term. M&E is the selected County Consultant for professional onshore/offshore hydrographic
surveying services.
The County's Beach Preservation Plan recommends semi-annual beach profile surveys in order
to monitor the seasonal, summer and winter, fluctuations of the beach. Proposed Work Order
No. 16 provides summer -time countywide hydrographic surveying (beach profile) services forthe
Sectors 3, 5, and 7 Beach Nourishment Projects and additional surveying to begin a 2021
countywide monitoring effort. All onshore and offshore beach profile surveys are conducted
along the Florida Department of Environmental Protection (FDEP) Range Monuments at
approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to
a location approximately 40 feet offshore (cross -shore). Due to the anticipated Sector 7 Beach
and Dune Restoration project construction anticipated to begin in November 2021, additional
intermediate profiles lines are also being performed during this Summer 2021 survey. For project
tracking purposes, Work Order No. 16 is divided into four (4) separate tasks.
Task 1: Summer 2021 Sector 3, Phase 1 Phvsical Monitoring Survev (R-15 to R-45. 31
Onshore/Offshore Profile Lines)
Hydrographic surveys of the project area must continue semi-annually to determine the long-
term performance of the beach and if infrastructure may be vulnerable to storm damage during
years in between recommended beach projects identified in the Beach Preservation Plan.
Hydrographic survey data collected from this task is required for post construction monitoring
for Phase 1 of the Sector 3 project. Task 1 includes surveying (approx. 5.9 miles) required to
provide post construction physical monitoring data for Phase 1 of the Sector 3 Beach and Dune
Nourishment Project area. The survey area is larger than the estimated 3.6 miles of beach being
nourished due to monitoring requirements. Task 1 totals a lump sum amount of $18,142.50.
93
Page 2
2021 Summer Beach Profile Survey
January 5, 2021 BCC Agenda Item
Task 2: Summer 2021 Sector 3, Phase 2 Physical Monitoring Survey (R-46 to R-60, 15
Onshore/Offshore Profile Lines)
Sector 3 Nourishment Project Phase 2 includes surveying the remainder of the Sector 3 project
area (approx. 2.8 miles) required to provide pre -construction physical monitoring data for Phase
2 of the Sector 3 Beach and Dune Nourishment Project area which is anticipated to begin
construction in November 2021. Task 2 totals a lump sum amount of $8,060.00.
Task 3: Summer 2021 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore
Lines
Sector 5 Beach and Dune Nourishment Project was completed in February 2020. The County is
required by the FDEP Permit to monitor the physical changes associated with the nourishment
project semi-annually to determine the long-term performance of the project and if
infrastructure may be vulnerable to storm damage. Task 3 includes surveying (approx. 4.5 miles)
required for the summer semi-annual monitoring of the Sector 5 Beach and Dune Nourishment
Project area: Task 3 totals a lump sum amount of $15,065.00.
Task 4: Summer 2021 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5,
100.5, 101.25, 101.5, 101.75, 102.25, 102.5, 102.75, 103.25, 103.5, 103,75, 104.25, 104.5, 104.75y
105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines)
Hydrographic surveys of the project area must continue semi-annually to determine the long-
term performance of the beach and if infrastructure may be vulnerable to storm damage during
years in between recommended beach projects identified in the Beach Preservation Plan.
Hydrographic survey data collected from this task is required for updates to the design of the
upcoming Nourishment Project. Task 4 includes surveying (approx. 2 miles) required for the
summer semi-annual monitoring of the Sector 7 Beach Nourishment Project area and for design
updates for the upcoming nourishment project. Task 4totals a lump sum amount of $18,142.50.
Task 5: Summer 2021 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to
R-119, 20 Onshore/Offshore lines)
For the shoreline outside of the Sectors 3, 5, and 7 beach projects, countywide beach profile
surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure
may be vulnerable to storm damage. The beach profile surveys will then be used to determine
appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan,
including the upcoming Nourishment Projects. Task 5 includes the remaining countywide
(approx. 4 miles) beach profile surveys. Task 4 totals a lump sum amount of $11,795.00
Please note:
The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts
semiannual beach profile surveys along the northern 5.6 miles of the County. The District
continues to partner with the County and has agreed to provide their certified 2021 beach profile
survey data to the County, resulting in a complete 22.4 mile countywide beach profile survey and
a combined annual savings of approximately $30,000 to the County.
Page 3
2021 Summer Beach Profile Survey
January 5, 2021 BCC Agenda Item
FUNDING
Funding for these tasks comes to a total lump sum fee of $71,205.00. Funding for the individual
tasks are as follows:
Task 1: Summer 2021 Sector 3, Phase 1 Physical Monitoring Survey (R-15 to R-45, 31
Onshore/Offshore Profile Lines)
Funding for Task 1 is budgeted and available for physical monitoring of Phase 1 of the Sector 3
Beach Nourishment Project area in the Beach Restoration Fund/ Sector 3 Post -Construction
Monitoring, Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of
$18,142.50.
Task 2: Summer 2021 Sector 3, Phase 2 Physical Monitoring Survey (R-46 to R-60, 15
Onshore/Offshore Profile Lines)
Funding for Task 1 is budgeted and available for design of the Sector 3 Beach Nourishment Project
area in the Beach Restoration Fund/Sector 3 Beach Renourishment/Hurricane Matthew,
Hurricane Irma and Hurricane Dorian, Account No. 12814472-066514-17001. Task 1 totals a lump
sum amount of $8,060.00.
Task 3: Summer 2021 Sector 5 Physical Monitoring Survey (R-65 to R-91, 27 Onshore/Offshore
Lines
Funding for Task 3 is budgeted and available for physical monitoring of the Sector 5 Beach
Nourishment Project area in the Beach Restoration Fund/ Sector 5 Post -Construction Monitoring,
Account No. 12814472-033490-15021. Task 3 totals a lump sum amount of $15,065.00.
Task 4: Summer 2021 Sector 7 Physical Monitoring Survey (R-97 to R-108, together with R99.5,
100.5 101.25 101.5 101.75 102.25 102.5 102.75 103.25 103.5 103 75 104.25 104.5 104.75
105.25, 105.5, 105.75, 106.5 and 107.5, 31 Onshore/Offshore lines)
Funding for Task 4 is budgeted and available for design of the Sector 7 Beach Nourishment Project
area in the Beach Restoration Fund/Sector 7 Beach Renourishment/Hurricane Matthew,
Hurricane Irma and Hurricane Dorian, Account No. 12814472-066512-17001. Task 4 totals a
lump sum amount of $18,142.50.
Task 5: Summer 2021 Countywide Beach Monitoring (R-61 to R-64, R-92 to R-96, and R-109 to
R-119, 20 Onshore/Offshore lines)
Funding for Task 5 is budgeted and available for physical monitoring of non -project areas in the
Beach Restoration Fund/Other Professional Services, Account No. 12814472-033190. Task 5
totals a lump sum amount of $11,795.00.
95
Page 4
2021 Summer Beach Profile Survey
January 5, 2021 BCC Agenda Item
RECOMMENDATION
The recommendation of staff is for the BCC to approve Work Order No. 14 to the Professional
Land Surveying and Mapping Services contract with Morgan and Eklund, Inc., in the amount of
$71,205.00 and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the
County.
ATTACHMENTS
1. Morgan and Eklund WO No. 16
2. Work Order No. 16 Agreement
APPROVED AGENDA.ITEM FOR: January 5, 2021
96
Morgan & Eklund, Inc.
4909 US Highway .I►hone: 772=3813-5364
Vero Beach, Florida 32J67 Fax: 772-38&3 65
November 16, 2020
(Revised December 2, 2020)
Indian River County
Public Works Coastal Division
Attn: Mr. Eric Charest, Natural. Resources Manager
180127 1h Street
Vero Beach, FL 32960
RE: 2021 Summer Semi -Annual Indian River County Coastal Monitoring Survey;
Onshore/Offshore Profiles along FDEP Range Lines R-15 to R-119 together with
Sector 7 Intermediate Project Lines
Dear Eric:
Morgan & Eklund, Inc. (M&E) is pleased to provide you with the following proposal to furnish
professional land and hydrographic survey services for the above referenced project.
Beach profiles will include R-15 through R-119 together with the intermediate lines for Sector 7,
a total of 124 beach profile lines. All data collected will be in accordance with the FDEP-
approved Physical Monitoring Plan. M&E will provide the County with beach profile data in
ASCII file format together with AutoCAD drawings signed by the surveyor. We will also
provide FDEP submittal package. The survey will be performed in July/August 2021 with
drawings and reports completed in September 2021.
In accordance with the scope of work as provided, I estimate our costs to be as follows:
I. Sector 3, Phase 1 (R-15 to R-45, 31 Onshore/Offshore Profile Lines)
Chief Surveyor
3 hours @ $135/hr..........................................$ 405.00
Senior. Project Manager
17 hours @$95/hr..........................................$ 1,615.00
Hydrographic Lead Surveyor
16 hours @$85/hr..........................................$ 1,360.00
97
Survey Technician (Boat)
16 hours @$55/hr..........................................$ .880.00
Three Man Survey Crew
55 hours @ $135/hr........................................$ 7,425.00
26' Parker Survey Boat
2 days @ $600/day.........................................$ 1,200.00
Motion Compensator
2 days @ $200/day.........................................$
400.00
Digital Fathometer
2 days @ $85/day...........................................$
170.00
Hypack Navigation Software & Computer
2 days @ $50/day...........................................$
100.00
Trimble RTK
5.5 days @ $450/day......................................$
2,475.00
Beach UTV
5.5 days @ $75/day........................................$
412.50
Senior Survey Computer Technician
20 hours @$85/hr..........................................$
1,700.00
Total ............................................................$ 18,142.50
II. Sector 3, Phase 2 (R-46 to R-60, 15 Onshore/Offshore Profile Lines)
Chief Surveyor
1 hour @ $135/hr...........................................$
135.00
Senior Project Manager
7 hours @$95/hr..:.........................................$
665.00
Hydrographic Lead Surveyor
8 hours @$85/hr............................................$
680.00
Survey Technician (Boat)
8 hours @$55/hr............................................$
440.00
Three Man Survey Crew
26 hours @ $135/hr........................................$
3,510.00
26' Parker Survey Boat
.5 day @ $600/day.........................................$
300.00
Motion Compensator
.5 day @ $200/day.........................................$
100.00
U,
Digital Fathometer
.5 day .@ $85/day............:::............................$ 42.50
Hypack Navigation Software & Computer
.5 day @ $50/day....................................:......$ 25.00
Trimble RTK
2.5 days @ $450/day......................................$ 1,125.00
Beach UTV
2.5 days @ $75/day........................................$ 187.50
Senior Survey Computer Technician
10 hours @$85/hr..........................................$ 850.00
TotalIl ..........................................................$ 8,060.00
Sector 5 (R-65 to R-91, 27 Onshore/Offshore Lines)
Chief Surveyor
2.5 hours @ $135/hr........................................$ 337.50
Senior Project Manager
12 hours @$95/hr..........................................$ 1,140.00
Hydrographic Lead Surveyor
10 hours @$85/hr..........................................$ 850.00
Survey Technician (Boat)
10 hours @ $55/hr..........................................$
550.00
Three Man Survey Crew
51 hours @ $135/hr........................................$
6,885.00
26' Parker Survey Boat
1.5 days @ $600/day......................................$
900.00
Motion Compensator
1.5 days @ $200/day......................................$
300.00
Digital Fathometer
1.5 days @ $85/day........................................$
127.50
Hypack Navigation Software & Computer
1.5 days @ $50/day........................................$
75.00
Trimble RTK
5 days @ $450/day.........................................$
2,250.00
Beach UTV
5 days @ $75/day...........................................$
375.00
99
IV.
V.
Senior Survey Computer Technician
15 hours @$85/hr..........................................$ 1,275.00
Total III..........................................................$ 15,065.00
Sector 7 (R-97 to R-108 together with R-99.5,100.5,101.25,101.5,101.75,102.25,
102.5, 102.75, 103.25, 103.5, 103.75, 104.25, 104.5, 104.75, 105.25, 105.5, 105.75,
106.5 and 107.5, 31 Lines)
Chief Surveyor
3 hours @ $135/hr..........................................$ 405.00
Senior Project Manager
17 hours @$95/hr..........................................$ 1,615.00
Hydrographic Lead Surveyor
16 hours @$85/hr..........................................$
1,360.00
Survey Technician (Boat)
16 hours @$55/hr..........................................$
880.00
Three Man Survey Crew
55 hours @ $135/hr.........................................$
7,425.00
26' Parker Survey Boat
2 days @ $600/day.........................................$
1,200.00
Motion Compensator
2 days @ $200/day.........................................$
400.00
Digital Fathometer
2 days @ $85/day....................................:......$
170.00
Hypack Navigation Software & Computer
2 days Y @ $50/da Y ...........................................$
100.00
Trimble RTK
5.5 days @ $450/day......................................$
2,475.00
Beach UTV
5.5 days @ $75/day........................................$
412.50
Senior Survey Computer Technician
20 hours @$85/hr..........................................$ 1.700.00
TotalIV...............................................I..........$ 18,142.50
Countywide (R-61 to R-64, R-92 to R-96, and R-109 to R-119,20
Onshore/Offshore Lines)
Chief Surveyor
2 hours @ $135/hr..........................................$ 270.00
100
Senior Project Manager
9.5 hours @$95/hr.........................................$ 902.50
Hydrographic Lead Surveyor
9 hours @$85/hr............................................$ 765.00
Survey Technician (Boat)
9 hours @$55/hr............................................$ 495.00
Three Man Survey Crew
40 hours @ $135/hr........................................$ 5,400.00
26' Parker Survey Boat
1 day @ $600/day..........................................$ 600.00
Motion Compensator
1 day @ $200/day..........................................$ 200.00
Digital Fathometer
1 day @ $85/day............................................$ 85.00
Hypack Navigation Software & Computer
1 day @ $50/day............................................$ 50.00
Trimble RTK
3.5 days @ $450/day......................................$ 1,575.00
Beach UTV
3.5 days @ $75/day.......:................................$ 262.50
Senior Survey.Computer Technician
14 hours @$85/hr..........................................$ 1.190.00
TotalV ...........................................................$ 11,795.00
TOTAL COST I-V .............................................$ 71,205.00
As always, Morgan & Eklund, Inc. is looking forward to working with you and Indian River
County on this project.
Sincerely,
David W.
Coggin
David W. Coggin, PSM
Vice President
DWC:dmc
Billing: project will be invoiced monthly based on percentage completed
' ,�ttltljj f
•
/mlt0\
Board of County Commissioners
Administration - Building A
180127th Street
Vero Beach, Florida 32960
Telephone: (772) 567-8000 FAX: 772-778-9391
Project:
2021 Beach Profile Monitoring Surveys (Summer)
WORK ORDER NO. 16 (Hydrographic Surveying)
FOR
PROFESSIONAL SERVICES AGREEMENT
ANNUAL SURVEYING and MAPPING/GIS SERVICES
WITH
MORGAN AND EKLUND, INC
In accordance with Contract No. 1605 2020-2022
This Work Order No. 16 is in accordance with the existing AGREEMENT dated October 4, 2016
and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian
River County (COUNTY); This Work Order No. 16 amends the agreement as follows:
SECTION I — PROJECT LIMITS
This Work Order No. 16 is for the SURVEYOR to perform all related field and office Surveying
and Mapping services in connection with the 2021 Beach Profile Monitoring Surveys
(Summer); Florida Department of Environmental Protection Reference Monuments R-15 — R-
119.
SECTION II - SCOPE OF SERVICES
As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional
Land Surveying services to complete all tasks as outlined in this Work Order No. 15; specifically
detailed in the attached proposal Exhibit A.
SECTION III — TIME FOR COMPLETION & DE LIVERABLES/WORK PRODUCT
1. Project shall be completed as follows:
a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall
be made within 90 calendar days of receipt of Notice to Proceed for review by County
Staff prior to preparing the final submittal package.
b. Time of FINAL project completion shall be within 10 calendar days.of receipt of the
County's review comments from the 100% "Paper Submittal".
102
2. Deliverables -The SURVEYOR shall provide the COUNTY:
a. 100% Phase Submittal for COUNTY review and comment. All submittals shall
include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all
survey points. COUNTY shall strive to provide review comments within 10 calendar
days of the preliminary submittal.
b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and
model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D
2013, PDF formats and an ASCII file for all survey points, all electronic files to be on
CD.
c. Survey set/sheets shall include a cover sheet with location sketch, survey
certifications, related title and project number, survey notes, legend and
abbreviations and plan view sheets.
d. Work Product and digital versions are to be prepared and submitted so that the
COUNTY or other consultants can readily use it for the design and analysis of the
area, as defined. It shall contain all information necessary for third -party surveyor to
independently recreate and/or utilize the survey work. It is acknowledged all final
products become property of Indian River COUNTY and will be available for use by
the public at large.
e. The SURVEYOR'S work product shall meet or exceed the minimum standards as
defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S
request for payment.
SECTION IV — COMPENSATION
The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described
services rendered as identified in Sections I, II, III and IV of this Work Order No. 16, for a total
lump sum fee of $71,205.00.
All and/or any additional services not described hereon shall be pre -approved by the
COUNTY. Approved additional services shall be invoiced at the rates disclosed in the
approved fee schedule with the SURVEYOR for the contract year(s) of October 4, 2020
through October 3, 2022.
All invoicing shall include Work Order No. 16 (WO 16), Contract Number (1605). Payments shall
be in accordance with the original Professional Surveying and Mapping Services Agreement,
Contract No: 1605 with the COUNTY and as stated in Section II, III and IV hereon.
The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of
the AGREEMENT shall remain in full force and effect, and are incorporated herein.
IN WITNESS WHEREOF the parties hereto have executed these presents this day
of 2021.
103
OWNER
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
(Signature)
Joseph Flescher, Chairman
Approved by BCC,
ATTEST:
Jeffrey R. Smith, Clerk of Court and
Comptroller
(Seal) Deputy Clerk
Approved:
Jason E, Brown, COUNTY Administrator
Approved as to Form and Legal Sufficiency:
William K. DeBraal, Deputy COUNTY
Attorney
Morgan and Eklund, Inc.
(Signature)
(Printed name and title)
Witnessed by:
(Signature)
CONSENT
INDIAN RIVER COUNTY, FLORIDA v�
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason Brown, County Administrator
THROUGH: Tad Stone, Director
Department of Emergency Services
FROM: Mercedes Laney, Radiological Emergency Analyst
Department of Emergency Services
DATE: December 18, 2020
SUBJECT: Approval of FY 2020/2021 and FY 2021/2022 Radiological Emergency
Preparedness Agreement (REP Grant)
It is respectfully requested that the information contained herein be given formal consideration by
the Board of County Commissioners at its regular meeting.
DESCRIPTION AND CONDITIONS:
Since 1998, every other year, representatives from the Florida Power and Light (FP&L) Company
and the Indian River County Department of Emergency Services negotiate the Radiological
Emergency Preparedness Agreement (REP Grant). The agreement is predicated on responsibilities
defined by the United. States Nuclear Regulatory Commission in Rule 10 CFR parts 50 and 70,
NUREG0654 and FEMA- REP- 1, Revision 1 "Criteria for the Preparation and Evaluation of
Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants".
During the negotiations this year an agreement was reached wherein Indian River County will
receive $105,553 for FY 2020/2021 and $105,553 for FY 2021/2022 from FP&L. The grant funds
enable the County to carry out its responsibilities as provided in the above referenced authorities.
ALTERNATIVES AND ANALYSIS:
The Agreement provides for the County to participate in the following emergency planning and
preparedness activities:
1. Recurring maintenance and major revisions to the local radiological preparedness plans
and implementing procedures for the County as required by Federal Emergency
Preparedness Requirements.
2. Participation in state and federal radiological exercises.
3. Provides for a full-time REP Analyst position to maintain plans for evacuation, improve
procedures for the reception and decontamination centers, and to update shelter surveys
required for a host county.
4. Provide funds for administrative services related to REP planning and training.
105
5. Maintain a close liaison with adjacent risk and host counties for the purpose of
interfacing emergency plans and activities.
Since 1991, FP&L has agreed to fund the salary, benefits, and associated expenses for a REP
Analyst to complete the requirements of the referenced authorities.
FUNDING:
The REP Analyst position is 100% funded by Florida Power & Light Company and no match is
required by Indian River County. The salary and benefit package mirrors the County's Human
Resource's system. The grant is already budgeted in General Fund/FPL Grant, 001038-366041
and available in all accounts in all General Fund/FPL Grant expense accounts, 00123725.
FPL/REP Grant
FY 2020-2021
$105,553
FY 2021-2022
$105,553
Total
$211,106
RECOMMENDATION:
Staff recommends the Board approve the FY 2020/2021 and FY 2021/2022 Radiological
Emergency Preparedness Agreement as noted above and authorize the Chairman to execute the
necessary documents.
ATTACHMENTS:
1- Two (2) original copies of the agreement between Florida Power & Light and Indian River
County.
2- Indian River County Budget Office Grant Form.
106
AGREEMENT BETWEEN
FLORIDA POWER & LIGHT COMPANY
AND
THE COUNTY OF INDIAN RIVER
This Agreement is between Florida Power & Light Company (hereinafter
"Company"), and the County of Indian River (hereinafter "County").
I. PURPOSE
A. Certain responsibilities have been defined by the U.S. Nuclear
Regulatory Commission (hereinafter "NRC") in certain provisions of
10 CFR Parts 50 and 70 and in the NRC guidance document
NUREG 0654, FEMA -REP -1, Revision 1, "Criteria for Preparation
and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants." There exists a
possibility of duplication of effort in meeting those responsibilities by
the Company and County. The resulting increased financial burden
on taxpayers and consumers can be avoided by the development
of a cooperative relationship between state and local public
agencies and the nuclear power utility. The County is authorized,
in Sections 252.35 and 252.60 of Florida Statutes, to participate in
such cooperative relationships and is further authorized, in Section
252.37 of Florida Statutes, to accept services, equipment, supplies,
materials, or funds for emergency management. The purpose of
this Agreement is to define certain aspects of the relationship
between the County and the Company.
B. The NRC regulations and guidance cited above are incorporated as
requirements in this Agreement by reference. All activities that are
the subject of the Agreement shall comply with those requirements
(hereinafter "Federal Emergency Preparedness Requirements").
II. BUDGET
The parties have agreed to the Work Scope and Funding attached hereto
and incorporated herein as Exhibit A. Said budget provides that the
County will require the sum of dollars specified in Exhibit A to carry out its
responsibilities hereunder.
107
III. PAYMENT
Upon execution of this Agreement and receipt of associated invoicing, the
Company shall make equal semi-annual advances to the County as
described in Exhibit A. Expenditures by the County shall be based upon
the approved budget attached hereto and incorporated herein.
IV. TITLE TO EQUIPMENT
Any equipment purchased by the County under this Agreement shall be
the property of the County. This equipment is to be used for the activities
described herein for the term of this Agreement and subsequent
agreements between the parties. Upon termination of the agreements
and cessation of the County's activities, the equipment will remain the
property of the County.
V. INTEREST
The unexpended portion of advance payments to the County shall be
invested in an interest bearing account in accordance with applicable
county regulations, if any. At the end of the term agreement period, the
County shall either refund all unexpended funds to Company or reflect all
remaining interest earned as funds carried forward and apply such funds
to any additional term of this agreement, as appropriate.
VI. AUDIT
A. The County shall (at any time during normal business hours and
with five business days advance notification) make available for
examination, to the Company and any of its duly authorized
representatives, all of the records and data with respect to all
matters covered by this Agreement. The County shall permit the
Company and its designated authorized representatives to audit
and inspect all costs and supporting documentation for all matters
covered by this Agreement. The County shall provide an annual
audited financial statement at the end of the Agreement period.
B. The County shall retain all financial records, supporting documents,
statistical records, and any other documents pertinent to this
Agreement for a period of three years after the date of submission
of the final expenditure report. Or, if an audit has been initiated
during the term of this Agreement and audit findings have not been
resolved, the records shall be retained until resolution of the audit
findings. In addition, the County shall maintain time and
attendance records for all salary costs charged to this Agreement.
108
VII ASSIGNMENT
The County may assign the right to accept services, equipment, supplies,
materials, or funds to any appropriate local governing body or agency.
VIII TERMS OF AGREEMENT
A. The term of this Agreement is October 1, 2020 to September 30,
2022, unless sooner terminated in accordance with Paragraph B of
this Article.
B. Either party may terminate this Agreement in whole or in part
without cause, by providing sixty (60) days notice in writing to the
other party. Upon termination of this Agreement, all unexpended
funds shall be returned to the Company and an audit may be
performed in accordance with Article VI of this Agreement.
C. The County agrees to be bound by the provisions included in the
Standard Conditions attached to and incorporated by reference in
this Agreement.
IX. MODIFICATIONS
Any modifications to this Agreement shall be in writing and signed by both
parties. In the event the statutes, rules, regulations, or plans applicable to
this Agreement are revised, voided, or rescinded, the parties agree to
consider reasonable modifications to this Agreement.
By their signatures below, the following officials have agreed to these
terms and conditions.
FOR THE COUNTY
By:
(Type Name)
(Title)
(Date)
By:
FOR THE COMPANY
Robert Coffey
(Type Name)
Vice President, Nuclear
(Title)
(Date)
109
STANDARD CONDITIONS
Extension of this Agreement shall be in writing for a period not to exceed
six months and shall be subject to the same terms and conditions set forth
in the initial Agreement. There shall be only one extension of the
Agreement unless the failure to meet the criteria set forth in the
Agreement for completion of the Agreement is due to events beyond the
control of the Company.
2. All bills for fees or other compensation for services or expenses shall be
retained and have sufficient detail for a proper audit.
3. Pursuant to Section 216.347, Florida Statues, the County agrees that no
funds from this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency.
110
Exhibit A
Work Scope and Funding
I. Work Scope:
The County shall be responsible for participation in the following
radiological emergency planning and preparedness activities:
A. The County's responsibilities shall include coordination with the
Company in the development, maintenance and implementation of
an emergency preparedness program in support of the Company's
nuclear power program. The County shall perform those actions
associated with maintaining emergency preparedness as described
in the Federal Emergency Preparedness Requirements and
implemented in Annex A of the State Comprehensive Emergency
Management Plan and other implementing procedures. The
County agrees to implement these requirements professionally and
successfully in maintaining the County in a state of readiness.
B. The County shall maintain current radiological emergency plans
and implementing procedures for the County as required by
Federal Emergency Preparedness Requirements.
C. County personnel assigned emergency response duties shall
successfully complete radiological emergency training as required
by Federal Emergency Preparedness Requirements and Chapter
15 of Annex A of the State Comprehensive Emergency
Management Plan. Documentation of training shall be maintained
and made available for inspection upon the request of the
Company.
D. The County shall participate in Radiological Preparedness and
Response exercises and the evaluation thereof.
E. The Company shall furnish to the County copies of Federal
Emergency Preparedness Requirements and any revisions thereto
within 90 days following enactment.
F. The County shall invoice the Company per the funding section of
this Agreement. The County shall include a financial report that
provides the status of the expenditures covered by the Agreement
current at time of billing.
111
II. Funding
Funding will be provided to the County by the Company to enable the
County to carry out its responsibilities above, comply with Federal
Emergency Preparedness Requirements, and carry out the provisions of
the emergency plan mandated thereby.
The parties have agreed to the funding amounts as detailed below. The
funding provides that the County will require the sum of $105,553 for fiscal
year 2018/2019 and $105,553 for fiscal year 2019/2020 to carry out their
responsibilities hereunder.
The Company shall pay the County, upon invoice, an annual amount not
to exceed the amount specified below for the reimbursement of costs
incurred in the performance of duties associated with maintaining
radiological emergency preparedness for the County. Such costs shall
only include reasonable and necessary costs associated with
maintenance of radiological emergency preparedness for the County.
Fiscal Year October 2020 through September 2021 $ 105,553
Fiscal Year October 2021 through September 2022 $ 105,553
NOT TO EXCEED AMOUNT $ 211,106
Upon receipt of a County invoice in October and April of each year, the
Company shall advance 50% of that fiscal year's budget amount to the
County. For each year covered under this agreement, the Company shall
provide funding to the County semi-annually in the same manner.
The County agrees that funds needed for the correction of any
"deficiency," as defined by the Federal Emergency Preparedness
Requirements, in the County's plans or program will be offset with existing
funds from the current approved budget. Funds necessary to implement
changes required by the Federal Emergency Preparedness
Requirements, Annex A of the State Comprehensive Emergency
Management Plan, or local operating procedures will be offset with
existing funds to the extent practical. The Company and County shall
review and agree on any supplemental funds that may be necessary to
meet the change.
112
In the event the Company and County are unable to resolve differences
regarding funding for preparation, testing and implementation of
radiological emergency response activities, the parties shall first meet to
resolve the dispute. If informal meetings are unsuccessful in resolving the
issues, any dispute or controversy between the parties arising out of or in
connection with this agreement must be submitted, by either party, to final
and binding arbitration before a single arbitrator in accordance with the
Commercial Rules of the American Arbitration Association, and judgment
upon the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. Each party shall be responsible for its
attorneys' fees and costs incurred in the arbitration. The arbitrator's fees
shall be paid in equal parts by the parties unless the award shall specify a
different division of the fees. Venue for arbitration proceedings brought
hereunder shall lie in Indian River County, Florida.
The Company shall be responsible for providing all funding under this
Agreement to the County.
At the end of the term of this Agreement, the County shall either refund all
unexpended funds to Company or reflect all remaining interest earned as
funds carried forward and apply such funds to any additional term of this
Agreement, as appropriate. The County and the Company may also
discuss alternatives for disposition of excess funds, provided, however,
that such alternatives shall be effective only upon execution of an
agreement in writing by the County and the Company.
113
EXHIBIT A
RADIOLOGICAL EMERGENCY PREPAREDNESS
BUDGET AND SCOPE OF WORK
Fiscal Year 2020-2021 & 2021-2022
ALLOCATION AMOUNT
SCOPE OF WORK
Plan maintenance $74,295 Funds provide for 100% of annual salary and
benefits for the Radiological Coordinator,
25% of annual salary and benefits for the
Emergency Services Planner and
administrative overhead costs associated
with the program.
Operating & Capital $31,258 Funds provide for travel, training, equipment,
Expenses calibration, printing, mailing, supplies,
overtime and backfill associated with the
radiological emergency preparedness
program. This includes costs incurred in REP
exercises and drills, which improve
coordination, knowledge and skills of county
personnel.
Total Annual Budget $105,553
Total Contract Amount $211,106
114
Grant Name: FPL Grant I Grant Number N/A
Amount of Grant: $105,553 (FY 2020-2021) plus $105,553 (FY 2021-2022)
Department Receiving Grant: Department of Emergency Services
Contact Person: Mercedes Laney ( Phone Number: 772-226-3877
1. How long is the grant for ? F2yea rs —� Starting Date: October 1, 2020
2. Does the grant requires you to fund this position after the grant is over? ❑ Yes [xl No
3. Does the grant requires a match? ❑ Yes F�_rj No
If yes, does the grant allow the match to be In Kind Services? jJ Yes ❑ No
4. Percentage of match? N/A
5. Grant match amount required? N/A
6. Where are the matching funds coming from? N/A
I
(e.g. In Kind Services, Reserve for Contingency) ( i
7. Does the grant cover capital cost or start-up cost? Yes ❑ No C N/A
If not, how much do you think will be needed in capital cost or start-up cost? N/A i
1
(Attach a detail listing of cost)
8. Are you adding any additional positions utilizing the grant funds? [f Yes [xl No
Acct.
Description
Position
Position
Position
Position
Position
011.12
Regular Salaries
N/A
N/A
N/A
N/A
N/A
011.13
Other Salaries and Wages (PT)
N/A
N/A
N/A
N/A
N/A
:012.11
Social Security
N/A
N/A
N/A
N/A
N/A
012.12
Retirement Contributions
N/A
N/A
N/A
N/A
N/A
012.13
Insurance- Life & Health
N/A
N/A
N/A
N/A
N/A
012.14
Worker's Compesation
N/A
N/A
N/A
N/A
N/A
012.17
S/Sec. Medicare Matching
N/A
N/A
N/A
N/A
N/A
TOTAL
N/A
N/A
N/A
N/A
N/A
9. What is the total cost of each position including benefits, capital, start up, auto expense, travel, and operating?
Salary and Benefits
Operating Costs
Capital
Total Cost
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
10. What is the estimated cost of the grant to the county over five years? N/A
115
Signature of Preparers Mercedes Laney` _ Date: 12/18/2020
Grant Amount
Other Match Cost
Match
Total
First Year
N/A .
N/A
N/A
N/A
Second Year
N/A
N/A
N/A
N/A
Third Year
N/A
N/A
N/A
N/A
Forth Year
N/A
N/A
N/A
N/A
Fifth Year
N/A
N/A
N/A
N/A
115
Signature of Preparers Mercedes Laney` _ Date: 12/18/2020
PUBLIC HEARING: 1/5/2021
LEGISLATIVE
OjffCe Of
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
William K. DeBraal, Deputy County Attorney
Susan J. Prado, Assistant County Attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold — County Attorney
DATE: December 3, 2020
ATTORNEY
RE: Public Hearing for Amendment to Section 100.03 "Amendment or
Repeal of Ordinances" of Chapter 100 "General Provisions" of the
Code of Indian River County, Codifying and Publishing the
Ordinances to Readopt the Code up to and Including Supplement 137
Section 125.68(1)(a), Florida Statutes requires counties to maintain a current
codification of all ordinances and an annual publication of such codification by the
Board of County Commissioners.
FUNDING: The only cost associated with this item was the cost of publication of
the notice of public hearing in the amount of $141.93 which is being paid from the
County Attorney's Budget/Legal Ads; Account No. 00110214-03491.0. .
RECOMMENDED ACTION:
Open the public hearing, take public comment, close the public hearing, and adopt
the ordinance to codify and publish the ordinances published in The Code of Indian
River County up to and including Supplement 137.
/nhm
Attachment: proposed ordinance
116
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF
ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF
THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING.
AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING
SUPPLEMENT 137 THERETO, READOPTING THE CODE,
DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE
CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND
PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a
current codification of all ordinances; and
WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of
such codification by the Board of County Commissioners; and
WHEREAS, Municipal Code Corporation publishes periodic supplements to The
Code of Indian River County more often than annually on behalf of the Board of County
Commissioners; and
WHEREAS, Subsection 100.03(1) of Chapter 100 of The Code of Indian River
County, provides:
The Code when adopted by the commission shall be the best evidence
of the current law of the county. It shall be kept current by periodic
supplements. Supplements to the Code shall be prima facie evidence of
.the current law of the county; however, the ordinances themselves shall
be the best evidence until the.Code is readopted,
BE IT ORDAINED by the Board of County Commissioners of Indian River
County, as follows:
SECTION 1. CODIFICATION AND PUBLICATION.
Section 100.03, Amendment or repeal of ordinances, of The Code of Indian River
County is hereby amended to read as follows:
117
1. The Code when adopted by the commission shall be the best evidence of the
current law of the county. It shall be kept current by periodic supplements. Supplements to
the Code shall be prima facie evidence of the current law of the county; however, the
ordinances themselves shall be the best evidence until the Code is readopted.
2. All chapters, sections, subsections, or paragraphs to be repealed should be
specifically repealed by reference to the chapter, section, subsection, or paragraph as
appropriate.
3. The repeal or amendment of an ordinance shall not revive any ordinance in force
before or at the time the ordinance repealed or amended took effect.
4. All ordinances published by the Municipal Code Corporation in The Code of
Indian River County up to and including Supplement No. 433 137 thereto are deemed to
be codified and published. The Code of Indian River County, including such supplements,
is hereby readopted, and The Code of Indian River County, as readopted, shall be the best
evidence of the current law of Indian River County, Florida.
SECTION 2. SEVERABILITY.
If any section, sentence, paragraph, phrase, or word of this ordinance is held by a
court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance not having been held by a court of
competent jurisdiction to be unconstitutional, inoperative or void, which. shall remain in full
force and effect.
SECTION 3. CODIFICATION.
The amended language contained in Section 1 of this ordinance shall be codified
as Section 100.03 of The Code of Indian River County. Additional codification,
renumbering, or relettering of this ordinance is left to the discretion of Municipal Code
Corporation.
SECTION 4. EFFECTIVE DATE.
A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the
Office of the Secretary of State of the State of Florida within ten days after enactment, and
this ordinance shall take effect upon filing with the Secretary of State.
[IFF -111
This ordinance was advertised in the Indian River Press Journal on the 20th day of
December, 2020, for a public hearing to be held on the 5th day of January, 2021; .at which
time it was moved for adoption by Commissioner , seconded by
Commissioner , and adopted by the following vote:
Chairman Joseph E. Flescher
Vice Chairman Peter D. O'Bryan
Commissioner Susan Adams
Commissioner Joseph H. Earman
Commissioner Laura Moss
The Chairman thereupon declared the ordinance duly passed and adopted this 5th
day of January, 2021.
Attest: Jeffrey R. Smith, Clerk and BOARD OF COUNTY COMMISSIONERS
Comptroller INDIAN RIVER COUNTY, FLORIDA
Deputy Clerk
By
Joseph E. Flescher, Chairman
Effective Date: This ordinance was filed with the Department of State and becomes
effective on the day of January, 2021.
ffE
/o. A , L .
Treasure Coast Newspapers
PART OFTHE USA TODAY NETWORK
Indian River Press Journal
1801 U.S. 1, Vero Beach, FL 32960
AFFIDAVIT OF PUBLICATION
Attn: Kathy Charest
INDIAN RIVER COUNTY PLANNING
1801 27 TH STREET
NOTICE OF PUBLIC HEARING
• VERO BEACH, FL 32960 NOTICE IS HEREBY GIVEN that
STATE OF WISCONSIN the Board of County Commis-
sioners of Indian River County,
COUNTY OF BROWN Florida shall hold a public
hearing at which parties in in-
terest and citizens shall have
Before the undersigned authority personally appeared, said an opportunity to be heard,In
legal clerk, who on oath says that he/she is a legal clerk of the the county Commission
9 Y g thea
of-the County Ad-
Indian River Press Journal, a daily newspaper published at Vero ministration Building located
Beach in Indian River County, Florida: that the attached copyof at taot 27th street, veru
tY Beach, Florida, on Tuesday,
advertisement was published in the Indian River Press Journal January 5,2021 at 9:00 a.m.to
in the followingissues below. Affiant further says that the said consider adoption of an ordi-
Y Hance;entitled:
Indian River Press Journal is a newspaper published in Vero
Beach in said Indian River County, Florida, and that said BO ORDINANCE of THE
Y BOARD OF COUNTY COMMIS-
newspaper has heretofore been continuously published in said SIONERS OF INDIAN RIVER
COUNTY
Indian River County, Florida,daily and distributed in Indian River NG SECTION FLORIDA
4 1.07MEND-
(THE
County, Florida, for a period of one year next preceding the first INDIAN RIVER COUNTY WIND
publication of the attached copy of advertisement; and affiant NNE WINDR ISP ED IMAP) OF
further says that she has neither paid or promised any person, PART I (STANDARD CODES
firm or corporation any discount, rebate, commission or refund GENERALLY) OF CHAPTER 401
(BUILDING LODES) OF THE
for the purpose of securing this advertisement for publication in CODE OF INDIAN RIVER
the said newspaper. The Indian River Press Journal has been COUNTY, I ADOPT AN
AMENQED WIND SPEED MAP;
entered as Periodical Matter at the Post Offices in Vero Beach, AND PROVIDING FOR CODIFI-
Indian River County, Florida and has been for a period of one CATION; SEVERABILITY; CON-
tY FLICT Of ORDINANCES; AND
year next preceding the first publication of the attached copy of EFFECTIVE DATE OF THE OR-
advertisement. DINANCE.
The proposed ordinance may
1212012020 be inspected by the public, by
appointment, during regular
business hours (8:30 a.m. to
L _ + - 5:00 p.m., Monday through
Friday)by calling the Office of
the Clerk to the Board of
County Commissioners at 772-
226-1916; or alternatively, the
Subscribed and sworn to before on December 20,2020: proposed ordinance may be
n e inspected at www.ircgov.com.
._�.J(.)..1-Ci_Wan cQ,(
u -Tjc_ Anyone who may wish to ap-
peal any decision, which may
be made at this meeting, will
need to ensure that a verba-
tim record of the proceedings
is made, which includes testi-
Notary,State of WI,County of Brown mony and evidence upon
which the appeal is based.
TA R A M O N D L-O C H ANYONE WHO NEEDS ASPE-
Notary Public CIAL ACCOMMODATION FOR
State of Wisconsin THIS MEETING MUST CON-
TACT THE COUNTY'S AMERI-
CANS WITH DISABILITIES ACT
(ADA)COORDINATOR AT 226-
1223 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
My commission expires August 6,2021 INDIAN RIVER COUNTY
BOARD OF COUNTY COMMIS-
Publication Cost:$128.25 STONERS
BY -s- Joseph E. Flescher,
Ad No:0004500057 Chairman
Customer No:1310785 Pub:December 20th,2020
TCN4500057
PO#:
#of Affidavits)
. IIq- 1
/0PR
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Jason E. Brown; County Administrator
DEPARTMENT HEAD CONCURRENCE:
THROUGH: Phil Matson, AICP; Community Development Director
FROM: Scott McAdam, Building Official
DATE: December 14, 2020
SUBJECT: 2020 Indian River County Amended Wind Speed Maps
It is requested that the data herein presented be given formal consideration by the Board of
County Commissioners at its regular meeting of January 5, 2021.
DESCRIPTION & CONDITIONS:
The Florida Building Codes (FBC) are updated on a 3 -year cycle. The effective date of the new
20207 1h Edition Florida Building Codes is midnight December 31, 2020.
As part of the new 7th Edition of the FBC the state Wind Speed maps, Figures 1609.3(1)-(3) have
been altered to now include one additional map, Figures 1609.3(1)-(4).
According to the Florida Statutes and Florida Building Codes, the exact location of wind speed
lines shall be established by local ordinance, using recognized physical landmarks such as major
roads, canals, rivers, and lake shores, wherever possible.
Under the current FBC "6th Edition (2017) FBC," basic wind speed or the ultimate design wind
speed for the development of wind loads are now determined from one of three maps (Risk
Category I, Risk Category II, and Risk Category III and IV) depending upon the Risk Category
of the structure being designed.
Changes in the 2020 7th Edition FBC related to wind load design (wind speed lines) will add a
new fourth figure/map with increased wind speeds, which will only affect the ultimate design
wind speed for use in the design of Risk Category IV essential/critical buildings and structures
(i.e. fire stations, emergency treatment, emergency shelters, power generating plants, aviation
control towers, national defense facilities), which shall be obtained from Figure 1609.3(3). The
ultimate design wind speed for use in the design of Risk Categories I, II and III shall remain the
same. For Risk Category IV the 2020 7th edition FBC is adopting the 3,000 Year (Risk Cat IV)
Map in ASCE 7-16.
120
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt the proposed ordinance
amending Section 401.07 of the Code of Indian River County, approving the amended Wind
Speed Maps Exhibits 1 and 2 (The Indian River County Wind Borne Debris Region and Basic
Wind Speed map).
ATTACHMENTS:
1. Current — Exhibit 1 "Indian River County Wind Speed Map Risk Categories 14"
2. New — Exhibit 1 "Indian River County Wind Speeds Risk Categories 1 thru 3 Map"
3. New - Exhibit 2 "Indian River County Wind Speeds Risk Category 4 Map."
4. Proposed Ordinance
121
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 401.07 (THE
INDIAN RIVER COUNTY WIND BORNE DEBRIS REGION AND BASIC
WIND SPEED MAP) OF PART I (STANDARD CODES GENERALLY) OF
CHAPTER 401 (BUILDING CODES) OF THE CODE OF INDIAN RIVER
COUNTY, TO REPLACE THE EXISTING WIND SPEED MAP WITH TWO
UPDATED WIND SPEED MAPS; AND PROVIDING FOR
CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND
EFFECTIVE DATE OF THE ORDINANCE.
WHEREAS, the Florida legislature enacted the "Florida Building Codes Act" in
2001 to provide for uniform adoption, updating, amendment, interpretation, and
enforcement of a single, unified statewide building code; and
WHEREAS, the Florida Building Code is currently applied, administered, and
enforced uniformly and consistently in Indian. River County; and
WHEREAS, the Florida Building Code is adopted and updated with new editions
every three years pursuant to Florida Statutes. Changes to the previous code include
revision of the Wind Borne Debris Region and Basic Wind Speed Map affecting. Indian
River County; and
WHEREAS, Chapter 401 of the Code of Indian River County currently adopts the
Florida Building Code and pursuant to state law, the County Code must now be amended;
and
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 401.07 (The Indian River County Wind Borne
Debris Region and Basic Wind Speed Map) of Part 1 (Standard Codes Generally) of
Chapter 401 (Building Codes) of the Code of Indian River County, Florida.
Section 401.07 (The Indian River County Wind Borne Debris Region and Basic Wind
Speed Map) of Part 1 (Standard Codes Generally) of Chapter 401 (Building Codes) of the
f IPQ
Code of Indian River County, Florida is hereby stricken in its entirety and replaced with
the following:
CHAPTER 401. — BUILDING CODES
PART 1. - STANDARD CODES GENERALLY
Section 401.07. - The Indian River County Wind Borne Debris Region and Basic
Wind Speed Map.
Indian River County hereby adopts and establishes the geographic boundary of
the wind borne debris regions in Indian River County as set out in the attached Exhibit 1
"Indian River County Wind Speeds Risk Categories 1 thru 3 Map" and Exhibit 2 "Indian
River County Wind Speeds Risk Category 4 Map." This wind borne debris region
coincides with Figures 1609.3 (1), (2), (3) and (4) of the Florida Building Code, 2020 7th
Edition, and has a basic wind speed of one hundred forty (140) miles per hour or greater.
Wind borne debris requirements of the Florida Building Code applies in the entire county.
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 20th day of
December, 2020, for a public hearing to be held on the 5th day of January, 2021, at which
time it was moved for adoption by Commissioner , seconded by
Commissioner , and adopted by the following vote:
Chairman Joseph E. Flescher
Vice -Chairman Peter D. O'Bryan
Commissioner Susan Adams
Commissioner Joseph Earman
Commissioner Laura Moss
126
The Chairman thereupon declared the ordinance duly passed and adopted this day
of January, 2021.
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By:
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
day of - ; 2021.
127
RECEI
Treasure Coast ewspapers DEC 2 s 2020
FART OF THE USA TODAY NETWORK
Indian River Press Journal
YATTORIVEYS
1801 U.S. 1, Vero Beach, FL 32960 OFFICE
AFFIDAVIT OF PUBLICATION
INDIAN RIVER COUNTY ATTORNEYS OFFIC
1801 27TH ST
VERO BEACH, FL 32960-3388
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned authority personally appeared, said
legal clerk, who on oath says that he/she is a legal clerk of the
Indian River Press Journal, a daily newspaper published at Vero
Beach in Indian River County, Florida: that the attached copy of
advertisement was published in the Indian River Press Journal
in the following issues below. Affiant further says that the said
Indian River Press Journal is a newspaper published in Vero
Beach in said Indian River County, Florida, and that said
newspaper has heretofore been continuously published in said
Indian River County, Florida, daily and distributed in Indian River
County, Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that she has neither paid or promised any person,
firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in
the said newspaper. The Indian River Press Journal has been
entered as Periodical Matter at the Post Offices in Vero Beach,
Indian River County, Florida and has been for a period of one
year next preceding the first publication of the attached copy of
advertisement.
12/20/2020
Subscribed and sworn to before on December 20,2020:
YYL uvvolloc )
Notary,State of WI,County of Brown
TARA MONDLOCH
Notary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost:$141.93
Ad No:0004494152
Customer No: 1310775
PO#:
#of Affidavits1
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 INDIAN
RIVER COUNTY, FLORIDA,
AMENDING SECTION 100.03
"AMENDMENT OR REPEAL OF
ORDINANCES" OF CHAPTER
100 "GENERAL PROVISIONS"
OF THE CODE OF INDIAN
RIVER COUNTY ("THE CODE"),
CODIFYING AND PUBLISHING
THE ORDINANCES UP TO AND
INCLUDING SUPPLEMENT 137
THERETO, READOPTING THE
CODE, DESIGNATING THE
CODE AS THE BEST EVIDENCE
OF THE CURRENT LAW OF
INDIAN RIVER COUNTY, FLOR-
IDA, AND PROVIDING FOR
SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
The Public Hearing will be
held on Tuesday, January 5,
2021 at 9:05 a.m., or as soon
thereafter as the matter may
be heard, in the County Com-
mission Chambers located on
the first floor of Building A of
the County Administrative
Complex, 1801 27th Street,
Vero Beach, Florida 32960, at
which time interested parties
may be heard with respect to
the proposed ordinance.
The proposed ordinance may
be inspected by the public
during regular business hours
(8:30 a.m. to 5:00 p.m., Mon-
day through Friday) at the Of-
fice of the Clerk to the Board
of County Commissioners lo-
cated on the 2nd floor of
Building A of the County Ad-
ministrative Complex, 1801
27th Street, Vero Beach, Flori-
da.
Anyone who may wish to ap-
peal any decision which may
be made at this meeting will
need to ensure that a verba-
tim record of the proceedings
is made, which includes testi-
mony and evidence upon
which the appeal is based.
Anyone who needs a special
accommodation for this meet-
ing must contact the County's
Americans With Disabilities
Act(ADA)Coordinator at 772-
226-1223 at least 48 hours in
advance of the meeting.
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
JOSEPH E.FLESCHER,
CHAIRMAN
Pub December 20,2020
TCN4494152
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December 2, 2020
VIA e-mail: indianriverlegals@tcpalm.com
Attn: Legal Ads
Indian River Press Journal Newspaper
Ladies and Gentlemen:
Please publish the following legal notice in your newspaper on Sunday, December
20, 2020. Please send the original proof of publication to the County Attorney's Office
at 1801 27th Street, Vero Beach, Florida 32960 (to the attention of Nancy H. Mossali).
Please place the notation "code codification" on the invoice to help facilitate our
prompt handling:
NOTICE OF INTENT - PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian
River County, Florida, will conduct a Public Hearing to consider adoption of a
proposed ordinance entitled:
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF
ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS"
OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"),
CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND
INCLUDING SUPPLEMENT 137 THERETO, READOPTING THE
CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE
OF THE CURRENT LAW OF INDIAN RIVER COUNTY,
FLORIDA, AND PROVIDING FOR SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
The Public Hearing will be held on Tuesday, January 5, 2021 at 9:05 a.m., or as
soon thereafter as the matter may be heard, in the County Commission
Chambers located on the first floor of Building A of the County Administrative
Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time interested
parties may be heard with respect to the proposed ordinance.
qq 12-1 -1
The proposed ordinance may be inspected by the public during regular
business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of
the Clerk to the Board of County Commissioners located on the 2nd floor of
Building A of the County Administrative Complex, 1801 27th Street, Vero
Beach, Florida.
Anyone who may wish to appeal any decision which may be made at this
meeting will need to ensure that a verbatim record of the proceedings is made,
which includes testimony and evidence upon which the appeal is based.
Anyone who needs a special accommodation for this meeting must contact the
County's Americans With Disabilities Act (ADA) Coordinator at 772-226-1223 at
least 48 hours in advance of the meeting.
INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS
JOSEPH E. FLESCHER, CHAIRMAN
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and .
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Deborah' Cooney
P O Box 700013, Wabasso, FL 32970 PHONE:
ADDRESS:
Settlement Offer
SUBJECT MATTER FOR DISCUSSION:
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED?
WHAT RESOLUTION ARE YOU Approve settlement
REQUESTING OF THE COMMISSION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED?
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
ransmittea to Administrator Via:
❑ Interactive Web Form
E -Mail
Hand Delivered
Phone
ElYES Fv7/ NO
El
YES Z NO
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
1/5/2021
128
TER
c0
Office of the
INDIAN RIVER COUNTY
* * ADMINISTRATOR
Jason E. Brown, County Administrator
Michael C. Zito, Assistant County Administrator
MEMORANDUM
TO: Members of the Board
of County Commissioners
FROM: Jason E. Brown
County Administrator
DATE: December 24, 2020
SUBJECT: CARES Act 2.0 - Proposed Spending Plan
BACKGROUND:
On July 7, 2020, the Board of County Commissioners approved the initial CARES Act Spending
Plan for. the first 25% allocation received from the State, with slight revisions approved on July
14, 2020. Subsequently, on August 18, 2020, the Board approved further revisions to the initial
plan. On September 22, 2020, the Board approved allocating an additional $4,662,600 under the
Phase 2 Spending Plan. On November 17, 2020, the Board made other revisions to the plan for an
additional $1,866,518, bringing the total proposed plan to $13,525,451. On December 1, 2020 the
Board approved use of the full $27,905,330 Indian River County has been allocated. Any expenses
that exceed 45%, or $12,557,399 will be processed on a reimbursement basis only. Funding for
these expenses will be funded with General Fund Reserves until reimbursement from the CARES
Act is received.
Because the Board elected to draw down all remaining funding totaling $12,723,176 via
reimbursement for public health/public safety payroll expenses, the Board has discretion on
awarding these funds after the initial December 30, 2020 CARES Act deadline. The following
plan details proposed allocations for the remaining $12,723,176 "CARES ACT 2.0" funds. Staff
has coordinated with the currently funded agencies, municipalities, and Constitutional Officers to
fund their COVID-19 related expenditures and programs from January — March 2021. On
December 27, 2020, legislation was approved that extended the original CARES Act deadline of
December 30, 2020 to December 30, 2021. Staff is recommending the Board approve time
129
extensions with each agency funded to grant them the remainder of the current fiscal year to spend
their original allocations.
ANALYSIS:
The following table shows the currently approved allocation by category and potential revisions
to the CARES Act 2.0 plan. As shown $12,547,634 of proposed spending is being presented.
Details regarding individual changes are itemized below.
CARES Act 2.0
Type of Expense
Approved Allocation
PH/PS Reallocation
Municipalities
$1,925,996
$409,933
Constitutional Officer Expenses
$2,685,753
$702,820
BCC Expenses
$3,070,414
$3,825,560
Health Department
$400,000
$791,541
Other Healthcare Providers
$200,000
$80,280
State Agencies
$30,000
$0
Economic Development
$810,000
$1,500,000
Community Support
$5,033,301
$5,237,500
School District of IRC
$1,026,690
$0
PH/PS Payroll to be Reallocated
$12,723,176
-$12,547,634
Total
$27,905,330
$0
Municipalities
Additional funding totaling $409,933 is being requested by the municipalities. The City of Vero
Beach has requested an additional $42,000 for enhanced cleaning of buildings. The Town of
Orchid has requested an additional $7,000 for PPE, enhanced cleaning of buildings and legal
counsel expenses. The City of Fellsmere has requested an additional $210,933. The majority of
this expense, $175,000 is for providing 100% reimbursement for Police Officers' payroll for the
time period of October — December 2020. Staff has reservations about funding this portion of
Fellsmere's request. A better option would be to reserve funds in this amount for future COVID-
19 related expenses for the City, similar to what was done with the County's public safety salaries.
There is also a concern that other municipalities may request a similar reimbursement for their
public safety salaries. An additional $45,000 is being requested for renovation of Council
Chambers to allow for social distancing and technology upgrades. Slight decreases to other items
in their original scope of work make up the difference for their request. The City of Sebastian has
requested an additional $100,000 for PPE and other COVID-19 related expenditures as well as an
additional $50,000 to be allocated towards their mortgage/rental assistance program.
130
Constitutional Officers
Additional funding totaling $702,820 is being requested for Constitutional Officers' expenses.
This funding will be used to cover additional PPE, cleaning of facilities, staff time, building
security, and other expenses directly related to COVID-19.
BCC Expenses
The BCC Departments are in need of $3,825,560 for January — March COVID-19 related
expenditures. This request includes COVID-19 leave time, straight time, overtime, wastewater
treatment facility testing, desk shields, enhanced cleaning of public facilities, IT upgrades,
worker's compensation for First Responders, PPE, educational campaigns, and other
miscellaneous costs related to COVID-19.
Staff is also requesting the Board authorize a change order to the existing work order with Witt
O'Brien's (WOB) to provide additional mortgage/rental assistance program application reviews.
Initially, staff had executed a $50,000 work order with WOB for consulting services related to the
CARES Act. At the September 22, 2020 BCC meeting, staff was directed by the Board to enlist
consulting services to assist in the review of the mortgage/rental assistance program applications.
Because the majority of those funds have been exhausted, staff is requesting the Board authorize
a change order to work order No. l to increase the amount to $100,000 and authorize the County
Administrator to make any further changes as necessary.
Staff is proposing $543,609 be transferred into the Emergency Services District (ESD) as funding
for COVID-19 related PPE, staff time, and medical supplies continue to be incurred. It is estimated
that approximately $215,227 in overtime expenses will be necessary to fund the eight weeks ESD
personnel will be working to assist the Health Department in administering mass vaccinations.
Staff has also included an estimate for necessary PPE and medical supplies as well as one month
of operating costs for running a rescue unit. Although a dedicated COVID-19 rescue unit is not
currently in service, it is possible that with the increase in cases this unit will need to be operational
once again.
BCC Expenses
Additional Need
COVID-19 Leave Time
$2,041,951
COVID-19 Sick Time
$165,000
COVID-19 Overtime
$50,000
Worker's Compensation for First Responders
$250,000
Emergency Services District Reserves
$543,609
Miscellaneous Purchases
$50,000
IT Upgrades
$580,000
Enhanced Cleaning of Buildings
$50,000
Consultant Services
$50,000
Educational Campaigns
$45,000
131
Health Department
The Health Department has requested an additional $791,541 allocation for COVID-19 related
expenses for January — June 2021 in order to complete their current fiscal year expenses. This
request includes 10 Information Clerk positions to assist with mass vaccinations, 5 Nurses to
support case investigation and mass vaccinations, as well as 4 800MHz radios, ultra cold freezers,
and existing staff salary to support the mass vaccination process. The Health Department has also
requested that their annual contract be amended to reflect this change. Funding through June has
been requested by the Health Department in order to secure necessary personnel as well as funding
for essential items that may not be received by March. Staff supports this request.
Other Healthcare Providers
At this time, Treasure Coast Community Health (TCCH) is not requesting additional funding for
2021 expenses. TCCH has however volunteered to be a point of distribution with the Health
Department for the vaccine. In the event staff time is incurred as a result of vaccination distribution,
TCCH may request funding at a later date. Staff has been in contact with Whole Family Health,
which has been providing testing to County residents throughout the pandemic. They are currently
providing testing Monday through Saturday. There are no out-of-pocket costs for the patient for
the tests. Whole Family Health has estimated costs of $80,280 for the next three months. Staff
supports this request which will help Whole Family Health continue to provide these testing
services going forward.
Economic Development
As the pandemic carries on, local small businesses continue to experience negative financial
impacts as a result. Originally, $750,000 had been awarded by the County to the small business
grant program, with an additional $120,000 contributed by the City of Vero Beach's CARES Act
allocation to be awarded in $5,000 increments. As of December 28, 2020, $713,400 has been
awarded under this program. Currently, eligible businesses included those primarily in the
hospitality industry, businesses that were affected by the ban on large gatherings, businesses that
were subject to full or partial closure and other miscellaneous businesses that may be tourism or
hospitality related. Not included were businesses such as auto repair, various types of construction
industries, realtors, medical businesses, and vacation rental businesses just as an example. Staff
has earmarked an additional $1.5 M towards the small business grant program. During the
December 1, 2020 BCC meeting, the Board discussed potential changes to the program such as
increasing the funding amount available to small businesses. Staff recommends increasing the
funding amount from $5,000 to $10,000 and allowing businesses that already received funding to
be eligible for the full $10,000 grant. Additionally, staff is seeking Board direction as to whether
the Board wishes to expand the existing program to businesses that did not previously qualify for
funding. Staff has received requests to fund non-medical aesthetic services such as tattoo parlors
and small family farms, and is recommending adding these as eligible businesses to the program.
Staff is seeking further direction on whether the Board wishes to approve funding decorator
services or vacation rentals as these industries have sought funding but were not originally
included as eligible businesses. The small business grant application has been included as an
attachment to this agenda item which includes a listing ,of currently eligible businesses. If the
132
Board approves the increase from $5,000 to $10,000, the businesses that already received funding
would double to $1,426,800, leaving $943,200 remaining in the program.
Community Support
An additional $5,237,500 is being requested for community support programs. The Treasure Coast
Food Bank continues to provide food supplies to residents affected by COVID-19 at overwhelming
rates. Staff is recommending an additional $800,000 allocation for the Treasure Coast Food Bank's
January — March food, storage, and staffmg expenses for Indian River County residents. The
Senior Resource Association has requested $150,000 to supply meals to homebound elderly
residents who are in the high-risk category for contracting COVID-19. The Senior Resource
Association will continue to provide the shopping assistance service as well. Staff is proposing to
allocate an additional $75,000 to PPE kits for local businesses and non-profit agencies in need as
part of the CARES Act 2.0 spending plan.
The United Way continues to work together with the County and their numerous partners to
provide services to residents who have been severely impacted by COVID-19. Under their current
allocation, the United Way awarded funding to 23 local non-profit agencies, some of which were
direct applicants and others who assisted the United Way in implementing community support
programs. For the CARES Act 2.0, the United Way has requested $1,712,500 for 2021. Because
of the time it takes to implement programs with the various agencies and the ongoing need of our
residents, staff supports extending their allocation through September 30, 2021 with an extension
to calendar yearend, if needed. Programs offered will include mortgage/rental assistance, utility
assistance, vehicle expense assistance to qualifying individuals, broadband services, mental health
services, legal assistance for those facing eviction/foreclosure, food supply, childcare scholarships
as well as childcare supplies, and staffmg costs required to implement the aforementioned
programs.
The United Way, along with United Against Poverty, the Economic Opportunities Council, and
Treasure Coast Homeless Services have worked to award $615,808 in mortgage/rental assistance
funding to 456 applicants through December 28, 2020 with their first allocation. The City of
Sebastian is also running a mortgage/rental assistance program for their residents and has awarded
relief to 10 applicants. This coupled with the County run mortgage/rental assistance program
translates to 593 Indian River County applicants served for a total of $1,017,663 expended.
Because the need for mortgage/rental assistance continues to be a top priority, staff is
recommending an additional $2.5 M be allocated towards the County run program in order to
ensure sufficient funding is available to qualifying residents. In addition, the County Administrator
has approved up to three months of mortgage/rent paid by the County in the event an applicant has
already been provided services from the United Way. This change was made with the logic in mind
that the average United Way mortgage/rental assistance is only $1,350 which is vastly under the
$4,500 threshold the County has set, and with different months being funded, no duplications of
benefits has occurred.
RECOMMENDATION:
Staff recommends that the Board consider the proposed CARES Act 2.0 Allocation totaling
$12,547,634, make any changes to the plan and adopt the proposed plan with any applicable
changes. Staff recommends that the Board approve an increase in funding for the Small Business
Assistance Program from $5,000 to $10,000 and other minor changes to eligible businesses as
133
stated above. Staff recommends that the Board approve contract extensions for existing subgrantee
agreements from December 30, 2020 to September 30, 2021. Staff also recommends that the
Board approve an agreement with Whole Family Health Center for $80,280 for the provision of
free COVID-19 tests. Staff recommends that the Board authorize the County Attorney's Office to
work with the Health Department to draft and authorize the chair to sign an amendment to the
Health Department Annual contract in the amount of $791,541. Staff also recommends
amendments to agreements for the agencies listed below:
City of Fellsmere
$210,933
City of Vero Beach
$42,000
Town of Orchid
$7,000
City of Sebastian
$150,000
United Way of IRC
$1,712,500
Treasure Coast Food
Bank $800,000
Senior Resource Association $150,000
`KMI!
Indian River County CARES Act Spending Plan
Initial _25%Allocation $6,976,333
Second 20% Allocation $5,581,066
Total Allocation $27,905,330
Proposed Changes after December 30, 2020
Reimbursed as of
Proposed
Type of Expense
Approved Total
December 28th
Revisions
Municipalities
$1,925,996
$1,216,540
$409,933
Fellsmere
$309,067
$126,304
$210,933
Indian River Shores
$65,000
$13,671
$0
Orchid
$16,871
$16,871
$7,000
Sebastian
$924,322
$571,287
$150,000
Vero Beach*
$610,736
$488,408
$42,000
Constitutional Officer Expenses
$2,685,753
$2,010,503
$702,820
Clerk
$137,292
$118,490
$20,000
Sheriff
$2,329,889
$1,744,125
$610,000
Property Appraiser
$13,000
$12,823
$0
Tax Collector
$205,572
$135,064
$72,820
BCC Expenses
$3,070,414
$1,773,210
$3,825,560
COVID-19 Leave Time
$317,963
$152,566
$2,041,951
COVID-19 Straight Time
$693,157
$542,924
$165,000
COVID-19 Overtime
$500,000
$273,538
$50,000
ESD Expenses
$543,609
Worker's Comp - First Responders
$242,561
$114,791
$250,000
Miscellaneous Purchases (PPE, Plexiglas Dividers, Signage, etc.)
$442,670
$223,499
$50,000
Bi -Polar Ionization
$184,568
$0
$0
IT Upgrades
$338,093
$188,073
$580,000
Temperature Taking Kiosks
$44,551
$46,802
$0
Munis Modules to Support Teleworking
$85,250
$58,950
$0
Enhanced Cleaning of Buildings
$96,601
$96,776
$50,000
Consultant Services
$50,000
$45,403
$50,000
Educational Campaigns
$75,000
$29,888
$45,000
Health Department
$400,000
$43,619
$791,541
Other Healthcare Providers
$200,000
$100,000
$80,280
Treasure Coast Community Health (TCCH)
$100,000
$100,000
$0
Whole Family Health Center
$80,280
Cleveland Clinic
$100,000
$0
$0
State Agencies
$30,000
$22,961
$0
Economic Development
$810,000
$713,400
$1,500,000
Small Business Development Center*
$750,000
$713,400
$1,500,000
OJT College Partnership
$60,000
$0
$0
Community Support
$5,033,301
$2,796,705
$5,237,500
Treasure Coast Food Bank*
$800,000
$990,000
$800,000
Senior Resource Association*
$125,000
$103,340
$150,000
Indian River County Hospital District
$358,301
$349,211
$0
United Way
$1,675,000
$1,208,333
$1,712,500
PPE Kits
$75,000
$60,944
$75,000
Mortgage/Rental Assistance
$2,000,000
$84,876
$2,500,000
School District of Indian River County
$1,026,690
$1,026,690
$0
Additional Public Health & Public Safety Payroll Expenses
$12,723,176
$0
-$12,547,634
Total
$27,905,330
$9,703,628
$0
*COVB allocated $120,000 of their allocation to the Small Business Grant Program, $190,000 to the Treasure Coast Food Bank and $75,000 to the Senior Resource
Association.
135
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and Cleveland Clinic Indian River Hospital, a not-for-
profit hospital, whose address is 1000 36th Street, Vero Beach, FL 32960 (hereinafter referred to
as the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this _
day of January, 2021.
CLEVELAND CLINIC INDIAN RIVER HOSPITAL
Greg Rosencrance, MD, President
Date:
136
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
137
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the _ day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and Indian River State College, whose address is 6155
College Lane, Vero Beach, FL 32966 (hereinafter referred to as the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
INDIAN RIVER STATE COLLEGE
Dr. Timothy Moore, President
Date:
191:3
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
IR
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27"' Street,
Vero Beach, Florida, 32960 ("Recipient"), and Senior Resource Association, Inc., a Florida not-
for-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960 (hereinafter
referred to as the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
SENIOR RESOURCE ASSOCIATION, INC.
Karen Deigl, CEO
Date:
140
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
141
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the —day of January, 2021 by and between Indian River
County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero
Beach, Florida, 32960 ("Recipient"), and City of Fellsmere, a municipality, whose address is 22
S. Orange Street, Fellsmere, FL 32948 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
CITY OF FELLSMERE
22 S. Orange Street,
Fellsmere, Florida 32948
ma
Mark D. Mathes, City Manager
INDIAN RIVER COUNTY, FLORIDA
IN
Joseph E. Flescher, Chairman
Board of County Commissioners
142
ATTEST: Approved by BCC
Maria Suarez -Sanchez, City Clerk
Approved as to Form and Legal Sufficiency
Warren Dill
City Attorney
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
143
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and City of Sebastian, a municipality, whose address
is 1225 Main Street, Sebastian, Florida, 32958 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this _
day of January, 2021.
.IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of 92021.
CITY OF SEBASTIAN
1225 Main Street,
Sebastian, Florida 32958
IN
Paul E. Carlisle, City Manager
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
144
ATTEST: Approved by BCC
Jeanette Williams, City Clerk
Approved as to Form and Legal Sufficiency
Manny Anon, Jr.
City Attorney
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
145
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of January, 2021 by and between Indian River
County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero
Beach, Florida, 32960 ("Recipient"), and the City of Vero Beach, a municipality, whose address
is 1053 20th Place, Vero Beach, Florida 32960 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021
CITY OF VERO BEACH
1053 201h Place
Vero Beach, FL, 32960
Monte K. Falls, P.E.
City Manager
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
146
ATTEST:
Tammy K. Bursick,
City Clerk
Approved by BCC
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Jason E. Brown Dylan Reingold
County Administrator County Attorney
ADMINSTRATIVE REVIEW
(For Internal Use Only -Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency: Approved as to financial requirements:
John S. Turner
City Attorney
Cynthia D. Lawson
Finance Director
147
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and the Florida Department of Health in Indian River
County, whose mailing address is 1900 27th Street, Vero Beach, FL, 32960 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
INDIAN RIVER COUNTY, FLORIDA
RIN
Joseph E. Flescher, Chairman
Board of County Commissioners
Approved by BCC
IEK
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
FLORIDA DEPARTMENT OF HEALTH
IN INDIAN RIVER COUNTY
Miranda Hawker, Health Officer
Date
149
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of January, 2021 by and between Indian River
County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero
Beach, Florida, 32960 ("Recipient"), and Town of Indian River Shores, a municipality, whose
address is 6001 N. State Road Al A, Indian River Shores, FL 32963 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this _
day of January, 2021
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.-
TOWN
021.
TOWN OF INDIAN RIVER SHORES
6001 N. State Road AIA
Indian River Shores, FL 32963
Joe Griffin, Town Manager
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
ATTEST:
Laura Aldrich, Town Clerk
Approved as to Form and Legal Sufficiency
Chester Clem
Town Attorney
Approved by BCC
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
151
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and Town of Orchid, a municipality, whose address is
7707 US Highway 1, Suite 1, Vero Beach, Florida 32967 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
TOWN OF ORCHID
7707 US Highway 1, Suite 1
Vero Beach, Florida 32967
M.
Noah Powers, Town Manager
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
152
ATTEST: Approved by BCC
Cherry Stowe, CMC, Town Clerk
Approved as to Form and Legal Sufficiency
Warren Dill
Town Attorney
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
153
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and Treasure Coast Food Bank, a Florida not -for profit
corporation, whose address is 401 Angle Road, Ft. Pierce, Florida 34947 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021.
TREASURE COAST FOOD BANK, INC.
Judith Cruz, President and CEO
Date:
154
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
155
FIRST AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS FIRST AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the _ day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
180127th Street, Vero Beach, Florida, 32960 ("Recipient"), and Senior Resource Association, Inc.,
a Florida not-for-profit corporation, whose address is 694 14th Street, Vero Beach, FL 32960
(hereinafter referred to as the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding from $125,000 to $275,000, which will be distributed between the programs described in
the Scope of Work;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 PAYMENTS. Section 18 of the Agreement is stricken in its
entirety and replaced to read as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount of
$275,000."
3. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of , 2021.
SENIOR RESOURCE ASSOCIATION, INC.
Karen Deigl, CEO
Date:
156
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
157
SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the _ day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
1801 27`h Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Fellsmere, a municipality,
whose address is 22 S. Orange Street, Fellsmere, FL 32948 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, Recipient and Subrecipient entered into the First Amendment to Agreement,
which revised the Scope of Work/Spending Plan and increased the funding from $209,067 to
$309,067; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement again to
increase the funding in the Agreement from $309,067 to $520,000 and revise the revised scope of
work to reflect the uses of the additional funding; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 (Payments). Section 18 of the Agreement is amended to read
as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount of
$520,000."
3. Amendment of Section 31 (Scope of Work). Section 31 of the Agreement is amended to
read as follows:
"(31) SCOPE OF WORK
The Sub recipient shall perform the tasks as identified and set forth in the Revised
Scope of Work, which is Second Revised Attachment A."
[&S]
4. Revised Attachment "A" to the Agreement shall be removed and replaced with Second
Revised Attachment "A", which is attached to this Amendment.
5. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this _
day of 52021.
CITY OF FELLSMERE
22 S. Orange Street,
Fellsmere, Florida 32948
Mark D. Mathes, City Manager
ATTEST:
Maria Suarez -Sanchez, City Clerk
Approved as to Form and Legal Sufficiency
Warren Dill
City Attorney
INDIAN RIVER COUNTY, FLORIDA
Un
Joseph E. Flescher, Chairman
Board of County Commissioners
Approved by BCC
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
159
Revised December 11, 2020
Jason Brown, Administrator
Indian River Board of County Commissioners
County Administration Office
1801 27th Street
Vero Beach, FL. 32960-3365
RE: Revised Spending Plan for CARES Act Funding
Dear Mr. Brown:
Please accept this letter as the City of Fellsmere's proposed spending plan for the
CARES Act funding allocation offered by Indian River County. The City of Fellsmere is
thankful for the allocation to help defray costs related to Covid-19. The City Council
approved the revised funding sub -agreement at their December 10th council meeting as
part of a duly noticed agenda item.
1.
Provide for Pay with Hazard Bonus to Police Officers
$210,000
2.
Provide Personal Protective Equipment to Businesses
$ 3,000
3.
Conduct Public Outreach/Education on Covid-19 prevention and Mask Order
$ 2,000
4.
Install Ion Generators in AC System of City Hall and PW/PD
$10,000
5.
Provide for sealed doors/pass-throughs for Utility Cashiers
$70,000
6.
Provide for sealed doors/pass-throughs for Police Department Lobby
$60,000
7.
Renovate Council Chambers to allow for social distance seating
$110,000
8.
Council Chamber Technology
$30,000
9.
Emergency Protective Measures
$25,000
TOTAL
$520,000
See attached scope for additional detail.
Please let me know if any additional information or back-up is required in support of the
above spending plan.
Respectfully,
Mark D. Mathes
City Manager
160
Spending Plan for CARES Act Funding
Provide for Pay with Hazard Bonus to Police Officers $210,000
Police Officers have been responding to public emergencies throughout the Covid-19 pandemic. As
allowed by CARES Act Funding guidelines, the City of Fellsmere will utilize CARES funding retroactively
for base pay ($175,000) from October 1, 2020 through December 30, 2020 and a hazard bonus ($35,000
total) from March 1, 2020 through December 30, 2020. Pay will be provided to officers on payroll as of
the effective date of the CARES Act Funding Agreement between the City of Fellsmere and Indian River
County and shall be based on the front-line duty time during the pandemic.
Provide Personal Protective Equipment for Businesses $ 3,000
The City of Fellsmere maintains a mask order for business employees. The City will utilize CARES
funding to purchase and distribute personal protective equipment (masks and sanitizer) to all brick and
mortar businesses in the City as a means to more effectively implement the mask mandate and reduce
the spread of COVID.
Conduct Public Outreach/Education on Covid-19 prevention and Mask Order $ 2,000
Fellsmere has seen a spike in COVID cases and has a population that has shown reluctance to mask
wearing, a proven action to reduce the spread. The City will utilize a variety of means to share
information on the value and benefits of wearing a mask in protecting yourself and others. Funds will be
used to prepare, copy, and distribute information regarding mask wearing. Funds may also be used for
community testing.
Install Ion Generators in AC System of City Hall and PW/PD $10,000
Ion Generators are a proven technology for the reduction of harmful agents such as bacteria and. viruses.
Ion Generators will be installed in all air conditioning systems within the City of Fellsmere City Hall and
Police/Public Works complexes.
Provide for sealed doors/pass-throughs for Utility Cashiers $70,000
Current operations for Utility Cashiers include half partition walls in open air rooms with open pass
throughs. Given the airborne nature of the Covid-19, a new wall will be constructed to provide an air -tight
separation between the public and employees and will utilize intercom communication and pass-through
drawers to ensure constant separation of air spaces.
Provide for sealed doors/pass-throughs for Police and Public Works Lobby $60,000
Current operations for both the Police and Public Works lobbies include open air pass throughs and non -
air -tight doors. Given the airborne nature of the Covid-19, a new wall will be constructed to provide an
air -tight separation between the public and employees and will utilize intercom communication and pass-
through drawers to ensure constant separation of air spaces.
Renovate Council Chambers to allow for social distance seating $110,000
Current operations in the City Council Chambers do not allow for social distancing of council members,
staff or the public. Joining Council Chambers with an un -used adjacent room would allow space to
spread seating for staff and the public to maintain social distancing, a proven means to mitigate the
spread of Covid-19. This would also then allow the City Council members to spread across the entire
dais providing social distance for the Council members as well.
Council Technology $30,000
The City of Fellsmere has utilized virtual public meetings since the onset of COVID. The City will continue
to utilize this meeting format to allow public participation without the need to physically attend city
meetings. The City will purchase and install technology in the Council Chambers and scanning
technology to allow for virtual meetings, enhance document presentation at such meetings, and to allow
document access for remote employees.
Emergency Protective Measures $25,000
The City of Fellsmere responded to COVID by purchasing personal protective equipment for its
employees, modifying workspaces, implementing telework and virtual public meetings. This task is to
address expenses related to the implementation of emergency protective measures and continue efforts
through 12/30/2020 to protect staff and the general public.
161
SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the day of . I , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
180127 th Street, Vero Beach, Florida, 32960 ("Recipient"), and City of Sebastian, a municipality;
whose address is 1225 Main Street, Sebastian, Florida, 32958 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River.County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Recipient and Subrecipient amended the initial scope of work which
reallocated money between the initially proposed funding categories; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding from $924,322 to $1,074,322, which will be distributed between the programs described
in the Revised Scope of Work.
NOW THEREFORE, in consideration of the mutual undertakings herein and other good and
valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 PAYMENTS. Section 18 of the Agreement is stricken in its
entirety and replaced to read as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount of
$1,074,322."
3. Amendment of Section 31 (Scope of Work). Section 31 of the Agreement is stricken in
its entirety and replaced to read as follows:
"(31) SCOPE OF WORK
The Sub recipient shall perform the tasks as identified and set forth in the Revised
Scope of Work, which is Second Revised Attachment A."
4. Revised Attachment "A" to the Agreement shall be removed and replaced with Second
Revised Attachment "A", which is attached to this Amendment.
162
5. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this _
day of . 12021.
CITY OF SEBASTIAN
1225 Main Street,
Sebastian; Florida 32958
WE
Paul E. Carlisle, City Manager
ATTEST:
Jeanette Williams, City Clerk
Approved as to Form and Legal Sufficiency
Manny Anon, Jr.
City Attorney
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
Approved by BCC
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
163
December 22, 2020
Jason Brown
County Administrator
1801 27th Street, Bldg. A
Vero Beach, FL 32960
Subject: CARES Act Revised Spending Plan
Jason,
At this time,: the following is our best estimation of expenditures of CARES Act funding.
1. $255,000.00 for COVID Required Direct Expenditures:
The City anticipates using this amount as reimbursement for the direct cost we have incurred and expect to
continue using for special supplies and equipment needed to handle operations during the pandemic. This
includes such expenses as adding technology to connect employees working from home and for conducting
remote public meetings; disinfectant supplies and equipment; wellness guards at workstations serving the
public; non -contact thermometers; and other expenses considered necessary to responsibly operate.
2. $110,000.00 to. COVID Required Employee Sick Leaveflime:
The City will next use the allocation as reimbursement for the unbudgeted payroll expenses on City of
Sebastian employees whose time was diverted to functions substantially dedicated to mitigating or
responding to the COVID-19 public health emergency and payroll expenses of providing paid sick and paid
family and medical leave to enable compliance with COVID-19 public health precautions.
3. $403,500 to COVID-19 Small Businesses and Their Employees Grants:
We discontinued this program as of September 20, 2020. We paid $380,000 directly to small business
owners impacted by the pandemic, plus another $23,500 to those employees impacted that lived within our
City limits and worked for those small businesses that qualified for those grants.
4. $53,898 to COVID-19 Rent and Mortgage Relief:
The City has ended the application period and expects to mail checks tomorrow for the qualified applicants
we have processed. This included a review of previous applications in consideration of the change in
guidelines to include payments that were not past -due and $1,500 per month providing no more than
$4,500 was paid
5. $101,924 Remainder to Other Qualified COVID-19 Expenditures:
The remainder of the total allocation will be used as much as possible for additional expenditures in the
above categories as necessary to expend the total $924,322 allocation before December 30, 2020.
As we notified the County on December 18, 2020, we believe we will also incur another $150,000 over
the months of January to March 2020. This is expected to include as much as $100,000 on PPE and
Covid-19 related purchases and possibly another$50,000 of rent and mortgage assistance.
Once again, we appreciate that these funds have been made available.
Respectfully,
l -J- i
Kenneth W. Killgore
Administrative Services Director/CFO
City of Sebastian
cc: Paul Carlisle, City Manager
Kristin Daniels, Director - Office of Management & Budget
164
SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
1801 27th Street, Vero Beach, Florida, 32960 ("Recipient"), and the City of Vero Beach, a
municipality, whose address is 1053 20th Place, Vero Beach, Florida 32960 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient.entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, Recipient and Subrecipient entered into a First Amendment to the
Agreement, which revised the scope of work set forth in the Agreement; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding and revise the scope of work to reflect the use of the additional funding; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 (Payments). Section 18 of the Agreement is stricken in its
entirety and reaplced to read as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount
of $652,736."
3. Amendment of Section 31 (Scope of Work). Section 31 of the Agreement is stricken in
its entirety and replaced to read as follows:
"(31) SCOPE OF WORK
The Sub recipient shall perform the tasks as identified and set forth in the Revised
Scope of Work, which is Second Revised Attachment A."
4. Revised Attachment "A" to the Agreement shall be removed and replaced with Second
Revised Attachment "A", which is attached to this Amendment.
111V
5. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of , 2021
CITY OF VERO BEACH
1053 20th Place
Vero Beach, FL, 32960
Monte K. Falls, P.E.
City Manager
ATTEST:
Tammy K. Bursick,
City Clerk
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
Approved by BCC,
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Jason E. Brown Dylan Reingold
County Administrator County Attorney
ADMINSTRATIVE REVIEW
(For Internal Use Only -Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency:
John S. Turner
City Attorney
Approved as to financial requirements:
Cynthia D. Lawson
Finance Director
166
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SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
1801,27th Street, Vero Beach, Florida, 32960 ("Recipient"), and Town of Orchid, a municipality,
whose address is 7707 US Highway 1, Suite 1, Vero Beach, Florida 32967 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Recipient and Subrecipient intended on amending the Agreement to
increase the funding in the Agreement from $15,871 to $16,871 and to revise the initial scope of
work to reflect the uses of the additional funding; and
WHEREAS, due to a scrivener's error the amendment indicated an increase from $15,871
to $63,471 while the revised scope of work reflected the requested $16,871; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding in the Agreement from $23,871, which will be distributed between the programs described
in the Revised Scope of Work;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 Payments. Section 18 of the Agreement is amended to read
as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount of
$23,871."
3. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of , 2021.
Page I of 2
168
TOWN OF ORCHID
7707 US Highway 1, Suite 1
Vero Beach, Florida 32967
IM
Noah Powers, Town Manager
ATTEST:
Cherry Stowe, CMC, Town Clerk
Approved as to Form and Legal Sufficiency
Warren Dill
Town Attorney
INDIAN RIVER COUNTY, FLORIDA
By:
Joseph E. Flescher, Chairman
Board of County Commissioners
Approved by BCC,
Attest:
Jeffrey R. Smith, Clerk of Circuit Court
and Comptroller
'By:
Deputy Clerk
Approved as to Form and Legal Sufficiency
Dylan Reingold
County Attorney
Jason E. Brown,
County Administrator
Page 2 of 2
169
SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
1801 27`h Street, Vero Beach, Florida, 32960 ("Recipient"), and Treasure Coast Food Bank, a
Florida not -for profit corporation, whose address is 401 Angle Road, Ft. Pierce, Florida 34947 (the
"Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Recipient and Subrecipient amended the Agreement to increase the
funding in the Agreement from $400,000 to $800,000 and revise the initial scope of work to reflect
the uses of the additional funding; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding in the Agreement from $800,000 to $1,600,000, which will be distributed between the
programs described in the Revised Scope of Work;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 Payments. Section 18 of the Agreement is stricken and
replaced to read as follows:
"(18) PAYMENTS
a. The Recipient will make reimbursements to Subrecipient in the maximum amount of
$1,600,000."
3. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of , 2021.
Page 1 of 2
170
TREASURE COAST FOOD BANK, INC.
Judith Cruz, President and CEO
Date:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
Page 2 of 2
171
SECOND AMENDMENT TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS SECOND AMENDMENT TO INDIAN RIVER COUNTY CARES ACT
AGREEMENT ("Amendment") is entered into as of the _ day of , 2021 by
and between Indian River County, a political subdivision of the State of Florida, whose address is
1801 27th Street, Vero Beach, Florida, 32960 ("Recipient"), and United Way of Indian River
County, Inc. a Florida not-for-profit corporation, whose address is 1836 14th Ave., Vero Beach,
FL 32960 (the "Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Recipient and Subrecipient amended the Agreement to increase the
funding in the Agreement from $975,000 to $1,675,500 and revise the initial scope of work to.
reflect the uses of the additional funding; and
WHEREAS, the Recipient and Subrecipient wish to amend the Agreement to increase the
funding from $1,675,000 to $3,387,500 and to revise the scope of work to reflect the uses of the
additional funding;
NOW THEREFORE, in consideration of the mutual undertakings herein and other good
and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties
agree, as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Amendment of Section 18 Payments. Section 18 of the Agreement is stricken in its
entirety and replaced to read as follows:
"(18) PAYMENTS
a. The Recipient will make an initial disbursement to Subrecipient of up to
$1,675,000, which will be made in installments. The first $975,000 shall be
made in four separate disbursements of $243,750. The additional $700,000 will
be made in three separate disbursements of $233,333.
b. Of the additional $1,712,500, the Recipient will make five separate
disbursements of $342,500. Recipient will make an initial disbursement of
$342,500 to Subrecipient within 14 days of the final execution of the Second
Amendment to this Agreement.
c. In order to receive additional disbursements, the Subrecipient must file with the
Recipient Grant Manager its request for reimbursement along with
11W
documentation that the disbursement had been fully spent and how the
disbursement was used. Upon verification and approval by Recipient, the next
disbursement will be made to Subrecipient.
3. Amendment of Section 31 Scope of Work: Section 31 of the Agreement is stricken in its
entirety and replaced to read as follows:
111 Wo MOYA"Io
The Subrecipient shall perform the tasks as identified and set forth in the Revised
Scope of Work, which is Second Revised Attachment A."
4. Revised Attachment "A" to the Agreement shall be removed and replaced with Second
Revised Attachment "A", which is attached to this Amendment.
5. All other provisions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of 12021.
UNITED WAY OF INDIAN RIVER COUNTY, INC.
CEO
Date:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
LIM
173
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
174
December 23, 2020
TO: Jason Brown, Administrator
Indian River County
FROM: Meredith Egan, COO
United Way of IRC
RE: Possible Uses for CARES Act 2.0 to the Citizens of IRC
Should United Way be a sub -grantee to manage some of the CARES Act 2.0
funds to the community, here are some of the areas of need that we propose
need funding:
• Mortgage Assistance
• Rental Assistance
• Utility Assistance
• Assistance with critical costs associated with vehicle expenses (i.e.,
homeless)
• Expansion of broadband to assist with distance learning (e.g. - Fellsmere,
rural & Wi-Fi desert areas)
• Continued Mental Health programming implemented as a result of the
increase in stress, isolation, depression and anxiety experienced in the
community. Areas of need include expanding telemedicine, general
public trainings on resiliency and stress management, aligning mental
health professionals in assisted living facilities, increased access to
Therapists, Counselors, Psychologists, cost of mental health visits, costs of
behavioral health prescriptions, etc.)
• Legal assistance to renters and homeowners about to be displaced by
landlords and financial institutions.
• Food Transportation (costs of transporting donated goods to food banks &
pantries)
• Special supports for children - diapers, formula and wipes
• Child Care Scholarships for up to 2 months for those returning to work or
underemployed (150% to 300% of poverty)
• Closing out "approved" CARES Act applications who could not meet the
December 30th deadline due to "out of stock", backordered or delayed
services or equipment.
• Staffing support for case management and administrative costs
175
EXTENSION TO INDIAN RIVER COUNTY
CARES ACT AGREEMENT
THIS EXTENSION TO INDIAN RIVER COUNTY CARES ACT AGREEMENT
("Extension") is entered into as of the day of , 2021 by and between Indian
River County, a political subdivision of the State of Florida, whose address is 1801 27th Street,
Vero Beach, Florida, 32960 ("Recipient"), and United Way of Indian River County, Inc. a Florida
not-for-profit corporation, whose address is 1836 14th Ave., Vero Beach, FL 32960 (the
"Subrecipient").
RECITALS
WHEREAS, Recipient and Subrecipient entered into the Indian River County CARES Act
Agreement, which set forth a scope of work for the use of CARES Act funds by the Subrecipient
(the "Agreement"); and
WHEREAS, the Agreement was to expire on December 30, 2020; and
WHEREAS, the Recipient and Subrecipient wish to extend the Agreement until
September 30, 2021; 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:
1. Recitals. The above recitals are true and correct and are incorporated herein.
2. Extension of the Agreement. The Agreement is extended until September 30, 2021.
3. All other provisions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, Recipient and Subrecipient have executed this instrument this
day of January, 2021
UNITED WAY OF INDIAN RIVER COUNTY, INC.
Meredith Egan, CEO
Date:
Page I of 2
176
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
Lo
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
Page 2 of 2
177
Ir'
eV�C /.��p1e�-�21
OG, INDIAN RIVER COUNTY SMALL
461641414-#2-1-� 4 BUSINESS RECOVERY
COVID-19 GRANT APPLICATION
* :.. ...\Rixv * PHASE 2 FUNDING
K
ORI01'
Through the federal CARES Act funding program, the Indian
River County Board of County Commissioners is providing one-time grants of up to
$5,000 to qualifying independently or locally-owned for-profit small businesses
located and operating in Indian River County. Eligible industry sectors are listed on
the following page.
The grant is limited to one application per business, including businesses with multiple
locations within Indian River County. Funds may be used for business-related expenses
incurred between 3/1/2020 through 12/31/2020. Funds may not be used for the
exact same expense that was paid by other federal programs for the same time
period. Applications will be accepted and processed until the funds are exhausted.
All completed grant applications will be submitted electronically to the Florida Small
Business Development Center (SBDC) at Indian River State College (IRSC) for initial
processing on the County's behalf. Once final approval is given, grant payments will be
dispersed through the Indian River County Budget Office.
To meet grant eligibility criteria, the business must:
• Be locally or independently owned, and operating in Indian River County —
including a home-based business, sole proprietor or 1099 employee
• Have 25 or fewer full time equivalent (FTE) employees, including the business
owner
• Been in operation since October 1, 2019
• Expects to return to full operations after all local and state emergency guidelines
for COVID-19 are rescinded
• Up to date on tangible personal property and/or real estate taxes
• No active judgements, liens, bankruptcies, etc. against the business or business
owner(s)
Ineligible businesses include:
• Businesses with more than 25 FTE Employees
• Non-Profit organizations
• Those not in the industry sectors as listed on the following page
• A business that has applied for, or received, CARES Act grant funding from a
municipality in Indian River County
• A business that has previously received a CARES Act grant from the County
litIndian River County Small Business Recovery Grant 2020—ROUND 2 Page 1 of 9
ELIGIBLE BUSINESSES
Hospitality Industry, including:
722511 — Locally and independently- 713950 - Bowling Centers featuring
owned Full-Service Restaurants food and beverage
561510 - Travel Agencies 532284 - Recreational Goods Rental
712110 — Forprofit Museums (includes personal watercraft, beach
equipment rentals)
561520 - Tour Operators
451110 - Sporting Goods Stores
711110 - Theater Companies and (includes dive shops, bait shops)
Dinner Theaters, for-profit
721211 - RV Parks and
722410 - Drinking Places (Alcoholic Campgrounds
Beverages) 721110 — Locally and independently
812990 - Other Hospitality-Based owned Hotels and Motels (except
Personal Services (includes wedding Casino Hotels)
planners)
Event Businesses that were affected by the ban on large gatherings. Businesses
that depend on weddings, fund raisers, proms, and similar events, to include:
453110, Florists 812331, Linen Supply
532881, Formal Wear Rental 711130, Musical Groups and Artists
541921, Photographers 451140 Musical Instrument Stores
Businesses that were subject to full or partial closure during phase 2 and/or
continue to operate with limitations, to include:
812111, Barber Shops 812113 Nail Salons
812112, Beauty Salons 713930, Fitness Centers/yoga
studios
Miscellaneous Businesses that were not specifically mentioned in Round I but
may have a tourism/hospitality tie-in or may rely on sales from visitors, to
include:
453220, Souvenir Stores 4431 Electronics and Appliance
453920, Art Dealers Stores
532111 , Car Rental 4481 Clothing Stores
713930, Marinas 4482 Shoe Stores
4421 Furniture Stores 4512 Book Stores and News Dealers
4422 Home Furnishing Stores 453998 (Other Miscellaneous Store
Retailers except Tobacco)
3z' ��
/ , --F_l Indian River County Small Business Recovery Grant 2020— ROUND 2 Page 2 of 9
s F�s '
APPLICATION
Indian River County CARES Act
COVID-19 Small Business Recovery Grant
PHASE 2 FUNDING
All of the documents listed below must accompany your completed
application (please scan them into one pdf document). If all items are not
included, it may cause a delay in processing your application.
DOCUMENT CHECKLIST — HAVE YOU INCLUDED . . .
State of Florida business registration from the Florida Division of
Corporation showing the business is registered in Indian River
County; visit www.Sunbiz.org for assistance (except for 1099
employees)
❑ City or Indian River County Business License
❑ A copy of the business owner's(s) Driver's License or other photo
government-issued identification
❑ Full employee list as of March I, 2020, noting if full-time or part-time
(wage information is not needed)
❑ Completed and signed IRS W-9 form - Request for Taxpayer
Identification Number and Certification (visit the IRS website for
assistance)
Documentation verifying loss of income/revenue due to COVID-19;
this can include Profit & Loss statements from 2019 and 2020 (YTD)
or QuickBooks reports, copies of business bank statements, etc.)
Brief explanation of the proposed use of grant funds
Registered with the Florida Small Business Development Center at
IRSC
Complete the application, and email it with the required documentation as
listed above, to: fsbdc(a�irsc.edu
Tom Kindred, Regional Director
FL Small Business Development Center at IRSC
Please scan your application and all required documents into one document
(pdf), to send in one email or as one combined file.
Indian River County Small Business Recovery Grant 2020— ROUND 2 Page 3 of 9
s,
'
"`ZgatoA
M-15
Company Information
Full Legal Business Name:
Please indicate your business structure (Choose one):
Sole Proprietor or Partnership
C-Corporation or S-Corporation
Limited Liability Company (LLC)
1099 Employee
Please indicate your business type — see page 2 for a list of eligible businesses
Business Phone Number: Cell Phone Number:
Current Business Address:
City: State: FL Zip:
Mailing Address, if different from above:
Business Website:
Primary E-mail Address:
Primary Owner's Name:
Additional Owners' Names:
4, Indian River County Small Business Recovery Grant 2020— ROUND 2 Page 4 of 9
111
Description of business and products/services offered:
Qualifying Questions
Was your company registered and operational in Indian River County, FL as of
10/1/2019? Yes No
Is your business locally or independently owned?
Yes No
How many FTE employees, including yourself, did you have as of March 1, 2020?
Full-time (30+ hours/week) Part-time
(NOTE: 2 part-time employees equal 1 full-time FTE)
Is the business up-to-date on its tangible personal property and/or real estate taxes?
Yes No
Are the business and business owners in good standing? (i.e. no active judgements,
liens, bankruptcies, arbitration settlements requiring withholding of funds, convicted
felons, court costs or criminal victim reimbursement programs)
Yes No
Have you applied for, or received, CARES Act grant funding from a municipality in
Indian River County, FL? Yes No
Amount of funds you are requesting (maximum$5,000)
Briefly explain how you intend to use the grant funds. NOTE: Funds may not be used
for the exact same expense that was previously paid by other federal programs
Indian River County Small Business Recovery Grant 2020—ROUND 2 Page 5 of 9
izoaioA
Grant Information
This is a grant program, so no payback is required. Funds may be used for business-
related expenses during the period March 1 through December 31, 2020. These funds
may be considered taxable income, so please contact your tax professional for
guidance.
There is no deadline to apply. PHASE 2 of the Indian River County Small Business
Recovery Grant has a limited amount of funds available and applications will be accepted
until funds are exhausted.
NOTE: If you have applied for and/or received grant funding from a municipality
within Indian River County, you are ineligible to apply or receive funds from the Indian
River County Small Business Recovery Grant program. Or, if you have already
received funds from the County's Small Business Recovery Grant program, you are
ineligible to apply for additional funds for the same business.
Any questions, please contact Helene Caseltine, Economic Development Director with
the Indian River County Chamber of Commerce, or John Corapi, Business Retention
Manager with the Chamber, 772-567-3491.
These are limited funds that will be distributed on a first-submitted and eligible
application basis. Please submit your application online in its entirety, including
required documentation, to:
fsbdc@irsc.edu
Tom Kindred, Regional Director
Florida Small Business Development Center at IRSC
Please scan your application and all required documents into one
document (pdf), to send in one email or as one combined file.
(v64'.-, Indian River County Small Business Recovery Grant 2020—ROUND 2 Page 6 of 9
Grant Compliance
If you do not comply with the requirements listed below and submit proper
documentation, you will be responsible for repaying the grant in full.
Grant recipients must submit supporting documentation that they have registered with
Florida SBDC within one month of submission of application as part of the Grant
compliance. Click Here to Register
By clicking the Submit button below, I agree to the following terms and
conditions.
The Applicant agrees that neither Indian River County nor the FL Small
Business Development Center at IRSC assume any responsibility for the
success or failure of the Applicant's existing business.
The information in this application is provided for the purpose of applying for
the Indian River County Small Business Recovery COVID-19 Grant
program. The information is accurate to the best of the Applicant's
knowledge. The Applicant understands that personal and/or business
information may be requested pursuant to this application and herebygrants
consent for such information to be provided to Indian River County.
I (we) understand that any willful misrepresentation on this application could
result in a fine and/or imprisonment under provision of the United States
Criminal Code U.S.C. Title 18, Section 1001, and shall entitle the County to
receive a return of any funding provided hereunder, in addition to any other
remedies it may have against Applicant at law or in equity.
I (we) further understand that, pursuant to Section 92.525, Florida Statutes,
a person who knowingly makes a false declaration thereunder is guilty of
the crime of perjury by false written declaration, a felony of the third degree,
evEk''
tt 4
Indian River County Small Business Recovery Grant 2020— ROUND 2 Page 7A 9
punishable as provided in Sections 775.082, 775.083 or 775.084, Florida
Statutes.
The submitted application, including attachments, is subject to disclosure
under Florida's public records law subject to limited applicable exemptions.
The Applicant acknowledges, understands, and agrees that, except as
noted below, all information in the application and attachments will be
disclosed, without any notice to the Applicant, if a public records request is
made for such information, and neither Indian River County nor the FL
Small Business Development Center at IRSC will be liable to Applicant for
such disclosure.
Social Security numbers are exempt from the public records law pursuant to
Section 119.071, Florida Statutes.
If the Applicant believes that the information in their application, including
attachments, contains information that is confidential and exempt from
disclosure, the Applicant must include a general description of the
information and provide reference to the Florida Statute or other law which
exempts such designated information from disclosure in the event of a
public records request. The County does not warrant or guarantee that
information designated by the Applicant as exempt from disclosure is in fact
exempt, and if the County disagrees, it will make such disclosures in
accordance with its sole determination as to the applicable law.
You are authorized to make all the inquiries you deem necessary to verify
the accuracy of the information contained herein. Additionally, the Applicant
agrees that in the event that money is provided pursuant to this application,
the County or its agent shall be entitled to access and audit such records as
may be necessary to prevent fraud in this process or ensure compliance
with federal requirements. The Applicant shall fully cooperate with the
County or its agent and timely respond to any requests for such records.
Without limiting the generality of the foregoing, the Applicant specifically
acknowledges and agrees that, if awarded funds pursuant to this
application, the County, and any duly authorized agents or representative of
the County are entitled to examine documentation which concern or relate
to this Application at any and all times during normal business hours upon
request.
Under penalties of perjury, I, the Applicant(s), declare that I have read the
foregoing application and that the facts provided are true. I understand that
knowingly making a false written declaration may be charged as a felony of
the third degree.
N"Elc,
Indian River County Small Business Recovery Grant 2020- ROUND 2 Page 8 of 9
ip
Acknowledgement & Signature
Completion and submission of the application by the Applicant to Indian
River County via the FL Small Business Development Center at IRSC is
merely a request for grant funds and shall not be construed as an approval
nor commitment by Indian River County.
Printed Name(s)
Authorized Signature(s)
Date
Please submit your application online in its entirety, including required
documentation, to: fsbdc@irsc.edu
Tom Kindred, Regional Director
FL Small Business Development Center at IRSC
Please scan your application and all required documents into one
document (pdf), to send in one email or as one combined filei
Click here to register with the FL Small Business Development Center (SBDC) at IRSC
The SBDC will notify you if your application is deemed ineligible.
Once recommended for approval, the SBDC will forward your application to the
Indian River County Chamber of Commerce for review and confirmation that all
required documents are included. Chamber staff will then forward it to the
County's Budget Office for final review and grant disbursement. Please allow
approximately 3+ weeks for processing.
• Indian River County Small Business Recovery Grant 2020— ROUND 2 Page 9 of 9
: :- ( rY) 1
Mid meAk4
INDIAN RIVER COUNTY CARES ACT FUNDING AGREEMENT
THIS AGREEMENT is entered into by Indian River County, a political subdivision of the State of Florida, whose
address is 1801 27th Street, Vero Beach, Florida, 32960 (hereinafter referred to as the "Recipient"), and Whole
Family Health Center, Inc., a Florida not for profit corporation, whose address is 827 18th Street
Vero Beach, FL 32960 (hereinafter referred to as the"Subrecipient").
This agreement is entered into based on the following representations:
A. The Subrecipient represents that it is fully qualified and eligible to receive this funding for the
purposes identified herein; and
B. The Recipient has received these funds from the State of Florida, who received those funds from
the U.S. Department of Treasury and has the authority to distribute these funds to the Subrecipient
upon the terms and conditions below;and
C. The CARES Act, section 601(d) of the Social Security Act, created the Coronavirus Relief Fund
(CRF)and provided Florida with$8,328,221,072; 55%of which was allocated to the State of Florida
and 45%was allocated to counties.
D. The United States Department of the Treasury disbursed$2,472,413,692 of these funds directly to
counties with a population in excess of 500,000.
E. A remaining balance of $1,275,285,790 was reverted to the State of Florida from the local
government allocation, for the State to disburse to counties with populations less than 500,000.
Therefore, the Recipient and the Subrecipient agree to the following:
(1) LAWS, RULES, REGULATIONS, AND POLICIES
a. Performance under this Agreement is subject to 2 C.F.R Part 200, entitled "Uniform
Administrative Requirements, Cost Principles and Audit Requirements for Federal
Awards."
b. As required by section 215.971(1), Florida Statutes, this Agreement includes:
i. A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform,Attachment A.
ii. A provision dividing the agreement into quantifiable units of deliverables that must
be received and accepted in writing by the Recipient before payment or
reimbursement. Each deliverable must be directly related to the scope of work and
specify the required minimum level of service to be performed and the criteria for
evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Subrecipient
fails to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Subrecipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
v. A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Recipient.
vi. A provision specifying that any funds paid in excess of the amount to which the
Recipient is entitled under the terms and conditions of the agreement must be
refunded to the Recipient.
c. In addition to the foregoing, the Subrecipient and the Recipient will be governed by
all applicable State and Federal laws, rules and regulations, including those identified
in Attachment B. Any express reference in this Agreement to a particular statute, rule,
or regulation in no way implies that no other statute, rule, or regulation applies.
(2) CONTACT
a. The Recipient's Program Manager will be responsible for enforcing performance of this
Agreement's terms and conditions and will serve as the Recipient's liaison with the
Subrecipient. As part of his/her duties, the Program Manager for the Recipient will
monitor and document Subrecipient performance.
b. The Recipient's Program Manager and Representative for this Agreement is:
. IT1- iD
Kristin Daniels, CGFO
Director-Office of Management&
Budget
Indian River County
Phone. 772-226-1214
e-mail kdanielsna ircgov.com
c. In the event that a different representative or representatives or addresses are designated by
Recipient after execution of this Agreement, notice of the name, title and address of the
new representative will be provided to the other party.
(3) TERMS AND CONDITIONS
This Agreement contains all the terms and conditions agreed upon by the parties.
(4) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
(5) MODIFICATION
This agreement may not be modified.
(6) PERIOD OF AGREEMENT
This Agreement shall be effective on March 1. 2020 and shall end on September 30,
2021, unless terminated earlier in accordance with the provisions of Paragraph (16) TERMINATION. In
accordance with section 215.971(1)(d), Florida Statutes, the Subrecipient may expend funds authorized
by this Agreement"only for allowable costs resulting from obligations incurred during the specific
agreement period."
(7) FUNDING
a. The Recipient's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes and the Florida Constitution.
b. This is a modified reimbursement agreement. The State made an initial
disbursement to the Recipient of 25% of the total amount allocated to the
Recipient according to the United States Department of the Treasury. The State has
since made a disbursement to the Recipient of an additional 20%. Any additional
amounts will be disbursed on a reimbursement basis.
c. Subrecipients may be reimbursed for any expenses eligible under section 601(d) of the
Social Security Act, specifically the Coronavirus Relief Fund and further outlined in US
Treasury Guidance. Expenditures are not required to be used as the source of funding of
last resort.
d. Reserved
e. For the purposes of this Agreement, the term "improper payment" means or includes:
i. Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements.
f. As required by the Reference Guide for State Expenditures, reimbursement for travel must
be in accordance with section 112.061, Florida Statutes, which includes submission of the
claim on the approved state travel voucher.
g. Reserved.
h. The CARES Act requires that the payments from the Coronavirus Relief Fund only be used
to cover expenses that—
i. are necessary expenditures incurred due to the public health emergency with
respect to the Coronavirus Disease 2019(COVID-19);
ii. were not accounted for in the budget most recently approved as of March 27,2020
(the date of enactment of the CARES Act)for the State or government; and
iii. were incurred during the period that begins on March 1, 2020 and ends on
December 30, 2020. Funds transferred to Subrecipient must qualify as a
necessary expenditure incurred due to the public health emergency and meet the
other criteria of section 601(d) of the Social Security Act. Such funds would be
qes\
subject to recoupment by the Treasury Department if the funds have not been used
in a manner consistent with section 601(d)of the Social Security Act.
i. Examples of Eligible Expenses include, but are not limited to:
i. Medical expenses
ii. Public health expenses
iii. Payroll expenses for public safety, public health, health care, human services, and
similar employees whose services are substantially dedicated to mitigating or
responding to the COVID-19 public health emergency.
iv. Expenses of actions to facilitate compliance with COVID-19 related public health
measures.
v. Expenses associated with the provision of economic support in connection with
the COVID-19 public health emergency.
vi. Any other COVID-19— related expenses reasonably necessary to the function of
government that satisfy the fund's eligibility criteria.
(8) INVOICING
a. In order to obtain reimbursement for expenditures, the Subrecipient must file with the
Recipient Grant Manager its request for reimbursement and any other information required
to justify and support the payment request. Payment requests must include a certification,
signed by an official who is authorized to legally bind the Subrecipient, which reads as
follows:
By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements
and cash receipts are for the purposes and objectives set forth in the terms
and conditions of the Federal award. I am aware that any false, fictitious, or
fraudulent information, or the omission of any material fact, may subject me
to criminal, civil or administrative penalties for fraud, false statements, false
claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections
3729-3730 and 3801-3812).
b. Reimbursements will only be made for expenditures that the Recipient provisionally determines
are eligible under the CARES Act. However,the Recipient's provisional determination that an
expenditure is eligible does not relieve the Subrecipient of its duty to repay the Recipient for
any expenditures that are later determined by the Recipient,the State of Florida or the Federal
government to be ineligible.
(9) RECORDS
a. As a condition of receiving state or federal financial assistance, and as required by sections
20.055(6)(c)and 215.97(5)(b), Florida Statutes,the Recipient,the Chief Inspector General
of the State of Florida, the Florida Auditor General, or any of their authorized
representatives, shall enjoy the right of access to any documents, financial statements,
papers, or other records of the Subrecipient which are pertinent to this Agreement, in order
to make audits, examinations, excerpts, and transcripts. The right of access also includes
timely and reasonable access to the Subrecipient's personnel for the purpose of interview
and discussion related to such documents. For the purposes of this section, the term
"Subrecipient"includes employees or agents, including all subcontractors or consultants to
be paid from funds provided under this Agreement.
b. The Subrecipient shall maintain all records related to this Agreement for the period of
time specified in the appropriate retention schedule published by the Florida Department
of State. Information regarding retention schedules can be obtained at:
http://dos.myflorida.com/library-arch Ives/records-management/general-records-
schedules/.
c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides
the citizens of Florida with a right of access to governmental proceedings and mandates
three, basic requirements: (1)all meetings of public boards or commissions must be open
to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of
the meetings must be taken and promptly recorded.
d. Florida's Public Records Law provides a right of access to the records of the state and local
governments as well as to private entities acting on their behalf. Unless specifically
exempted from disclosure by the Legislature, all materials made or received by a
governmental agency(or a private entity acting on behalf of such an agency) in conjunction
with official business which are used to perpetuate, communicate, or formalize knowledge
qualify as public records subject to public inspection.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (772) 226-1424,
publicrecords(c�ircgov.com, Indian River County
Office of the County Attorney, 1801 27th Street, Vero
Beach, FL 32960
(10)AUDITS
a. In accounting for the receipt and expenditure of funds under this Agreement, the
Subrecipient must follow Generally Accepted Accounting Principles ("GAAP"). As defined
by 2 C.F.R. §200.49, "GAAP has the meaning specified in accounting standards issued by
the Government Accounting Standards Board (GASB) and the Financial Accounting
Standards Board (FASB)."
b. When conducting an audit of the Subrecipient's performance under this Agreement, the
Recipient must use Generally Accepted Government Auditing Standards ("GAGAS"). As
defined by 2 C.F.R. §200.50, "GAGAS, also known as the Yellow Book, means generally
accepted government auditing standards issued by the Comptroller General of the United
States, which are applicable to financial audits."
c. If an audit shows that all or any portion of the funds disbursed were not spent in accordance
with the conditions of and strict compliance with this Agreement, the Subrecipient will be
held liable for reimbursement to the Recipient of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty(30) days after the Recipient
has notified the Subrecipient of such non-compliance.
d. The Subrecipient must have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public
accountant licensed under chapter 473."The independent auditor must state that the audit
complied with the applicable provisions noted above. The audits must be received by the
Recipient no later than nine months from the end of the Subrecipient's fiscal year.
e. The Subrecipient must send copies of reporting packages required under this paragraph
directly to each of the Program Manager.
f. Fund payments are considered to be federal financial assistance subject to the Single Audit Act
and the related provisions of the Uniform Guidance.
(11) REPORTS
a. The Subrecipient must provide the Recipient with quarterly reports and a close-out report.
These reports must include the current status and progress of the expenditure of funds
under this Agreement, in addition to any other information requested by the Recipient.
b. Quarterly reports are due to the Recipient no later than 15 days after the end of each quarter
of the program year and must be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are March 31,
June 30, September 30, and December 31. The first quarterly report due pursuant to this
agreement is due for the quarter ending September 30, 2020.
c. The close-out report is due sixty(60) days after termination of this Agreement or 60 days
after completion of the activities contained in this Agreement, whichever occurs first.
d. If all required reports and copies are not sent to the Recipient or are not completed in
a manner acceptable to the Recipient, the Recipient may withhold further payments until
10G. 111
they are completed or may take other action as stated in Paragraph (15) REMEDIES.
"Acceptable to the Recipient" means that the work product was completed in accordance
with the Budget and Scope of Work.
e. The Subrecipient must provide additional program updates or information that may be
required by the Recipient.
(12) MONITORING
In addition to reviews of audits conducted in accordance with paragraph (10)AUDITS above,
monitoring procedures may include, but not be limited to, on-site visits by Recipient staff,
limited scope audits, or other procedures. The Subrecipient agrees to comply and cooperate
with any monitoring procedures/processes deemed appropriate by the Recipient. In the event
that the Recipient determines that a limited scope audit of the Subrecipient is appropriate,the
Subrecipient agrees to comply with any additional instructions provided by the Recipient to
the Subrecipient regarding such audit. The Subrecipient further agrees to comply and
cooperate with any inspections, reviews, investigations or audits deemed necessary by the
Florida Chief Financial Officer or Auditor General. In addition, the Recipient will monitor the
performance and financial management by the Subrecipient throughout the period of
agreement to ensure timely completion of all tasks.
(13) LIABILITY
Any Subrecipient which is a state agency or subdivision,as defined in section 768.28, Florida
Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which
result in claims or suits against the Recipient, and agrees to be liable for any damages
proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida
Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any party
to which sovereign immunity applies. Nothing herein will be construed as consent by a state
agency or subdivision of the State of Florida to be sued by third parties in any matter arising
out of this Agreement.
(14) DEFAULT
a. If any of the following events occur("Events of Default"), all obligations on the part of the
Recipient to make further payment of funds will, if the Recipient elects, terminate and
the Recipient has the option to exercise any of its remedies set forth in Paragraph
(15) REMEDIES. However, the Recipient may make payments or partial payments after
any Events of Default without waiving the right to exercise such remedies, and without
becoming liable to make any further payment.
b. If any warranty or representation made by the Subrecipient in this Agreement or any
previous agreement with the Recipient is or becomes false or misleading in any respect,
or if the Subrecipient fails to keep or perform any of the obligations, terms or covenants in
this Agreement or any previous agreement with the Recipient and has not cured them in
timely fashion, or is unable or unwilling to meet its obligations under this Agreement.
c. If material adverse changes occur in the financial condition of the Subrecipient at any time
during the period of agreement, and the Subrecipient fails to cure this adverse change
within thirty(30) days from the date written notice is sent by the Recipient.
d. If any reports required by this Agreement have not been submitted to the Recipient or have
been submitted with incorrect, incomplete or insufficient information;
e. If the Subrecipient has failed to perform and complete on time any of its obligations under
this Agreement.
(15) REMEDIES
If an Event of Default occurs, then the Recipient may, after thirty(30) calendar days written notice to
the Subrecipient and upon the Subrecipient's failure to cure within those thirty(30)days, exercise any
one or more of the following remedies, either concurrently or consecutively:
a. Terminate this Agreement, provided that the Subrecipient is given at least thirty(30) days
prior written notice of the termination. The notice shall be effective when placed in the
United States,first class mail, postage prepaid, by registered or certified mail-return receipt
requested, to the address in paragraph (2) CONTACT herein;
b. Begin an appropriate legal or equitable action to enforce performance of this Agreement;
c. Withhold or suspend payment of all or any part of a request for payment;
d. Require that the Subrecipient refund to the Recipient any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds.
e. Exercise any corrective or remedial actions, to include but not be limited to:
i. request additional information from the Subrecipient to determine the reasons for
or the extent of non-compliance or lack of performance,
ii. issue a written warning to advise that more serious measures may be taken if the
situation is not corrected,
iii. advise the Subrecipient to suspend, discontinue or refrain from incurring costs for
any activities in question, or
iv. require the Subrecipient to reimburse the Recipient for the amount of costs incurred
for any items determined to be ineligible, or
f. Exercise any other rights or remedies which may be available under law. Pursuing any of
the above remedies will not stop the Recipient from pursuing any other remedies in this
Agreement or provided at law or in equity. If the Recipient waives any right or remedy in
this Agreement or fails to insist on strict performance by the Subrecipient, it will not
affect,extend or waive any other right or remedy of the Recipient,or affect the later exercise
of the same right or remedy by the Recipient for any other default by the Subrecipient.
(16)TERMINATION
a. The Recipient may terminate this Agreement for cause after thirty(30)days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws
and regulations, failure to perform on time, and refusal by the Subrecipient to permit public
access to any document, paper, letter, or other material subject to disclosure under
Chapter 119, Florida Recipient of Emergency Management Statutes, as amended.
b. The Recipient may terminate this Agreement for convenience or when it determines, in
its sole discretion, that continuing the Agreement would not produce beneficial results in
line with the further expenditure of funds, by providing the Subrecipient with thirty (30)
calendar days prior written notice.
c. The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement. The amendment will state the effective date of the
termination and the procedures for proper closeout of this Agreement.
d. In the event this Agreement is terminated, the Subrecipient will not incur new obligations
for the terminated portion of this Agreement after they have received the notification of
termination. The Subrecipient will cancel as many outstanding obligations as possible.
Costs incurred after receipt of the termination notice will be disallowed. The Subrecipient
will not be relieved of liability to the Recipient because of any breach of this Agreement
by the Subrecipient.The Recipient may,to the extent authorized by law,withhold payments
to the Subrecipient for the purpose of set-off until the exact amount of damages due
the Recipient from the Subrecipient is determined.
(17)ATTACHEMENTS
a. All attachments to this Agreement are incorporated as if set out fully.
b. In the event of any inconsistencies or conflict between the language of this Agreement and
the attachments, the language of the attachments will control, but only to the extent of the
conflict or inconsistency.
(18) PAYMENTS
a. The Recipient will make eligible reimbursements to Subrecipient up to$80,280.00.
(19) REPAYMENTS
a. All refunds, return of improper payments, or repayments due to the Recipient under this
Agreement are to be made payable to the order of "Indian River County," and mailed
directly to the following address:
1801 27th Street
Vero Beach, Florida 32960
b. In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned
to the Recipient for collection, Subrecipient shall pay the Recipient a service fee of$15.00
or 5% of the face amount of the returned check or draft, whichever is greater.
(20) MANDATED CONDITIONS AND OTHER LAWS
a. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Subrecipient in this
Agreement, in any later submission or response to a Recipient request, or in any
submission or response to fulfill the requirements of this Agreement.All of said information,
representations, and materials is incorporated by reference. The inaccuracy of the
submissions or any material changes will, at the option of the Recipient and with thirty(30)
days written notice to the Subrecipient, cause the termination of this Agreement and the
release of the Recipient from all its obligations to the Subrecipient.
b. This Agreement must be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement will be in the Circuit Court of Indian River County.
If any provision of this Agreement is in conflict with any applicable statute or rule, or is
unenforceable, then the provision is null and void to the extent of the conflict, and is
severable, but does not invalidate any other provision of this Agreement.
c. Any power of approval or disapproval granted to the Recipient under the terms of this
Agreement will survive the term of this Agreement.
d. This Agreement may be executed in any number of counterparts, any one of which may
be taken as an original.
e. The Subrecipient agrees to comply with the Americans With Disabilities Act (Public Law
101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimination by public and
private entities on the basis of disability in employment, public accommodations,
transportation, State and local government services, and telecommunications.
f. Those who have been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work,may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with a public entity,
and may not transact business with any public entity in excess of$25,000.00 for a period
of thirty-six (36) months from the date of being placed on the convicted vendor list or on
the discriminatory vendor list.
g. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature,and subject to any modification
in accordance with Chapter 216, Florida Statutes, or the Florida Constitution.
h. All bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
i. Any bills for travel expenses must be submitted in accordance with section 112.061, Florida
Statutes.
j. The Recipient reserves the right to unilaterally cancel this Agreement if the Subrecipient
refuses to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Florida Statutes,which the Subrecipient created or received
under this Agreement.
k. If the Subrecipient is allowed to temporarily invest any advances of funds under this
Agreement, they must use the interest earned or other proceeds of these investments only
to cover expenditures incurred in accordance with section 601(d)of the Social Security Act
and the Guidance on eligible expenses. If a government deposits CRF payments in a
government's general account, it may use those funds to meet immediate cash
management needs provided that the full amount of the payment is used to cover
necessary expenditures. Fund payments are not subject to the Cash Management
Improvement Act of 1990, as amended. The State of Florida will not intentionally award
publicly-funded contracts to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The
Recipient shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Subrecipient of the employment
provisions contained in Section 274A(e) of the INA will be grounds for unilateral
cancellation of this Agreement by the Recipient.
Vig j . I�
I. The Subrecipient is subject to Florida's Government in the Sunshine Law(Section 286.011,
Florida Statutes)with respect to the meetings of the Subrecipient's governing board or the
meetings of any subcommittee making recommendations to the governing board. All of
these meetings must be publicly noticed, open to the public, and the minutes of all the
meetings will be public records, available to the public in accordance with Chapter 119,
Florida Statutes.
m. All expenditures of state or federal financial assistance must be in compliance with the
laws, rules and regulations applicable to expenditures of State funds, including but not
limited to, the Reference Guide for State Expenditures.
n. This Agreement may be charged only with allowable costs resulting from obligations
incurred during the period of agreement.
o. Any balances of unobligated cash that have been advanced or paid that are not authorized
to be retained for direct program costs in a subsequent period must be refunded to the
Recipient.
p. If the purchase of the asset was consistent with the limitations on the eligible use of funds
provided by section 601(d)of the Social Security Act,the Subrecipient may retain the asset.
If such assets are disposed of prior to December 30, 2020, the proceeds would be subject
to the restrictions on the eligible use of payments from the Fund provided by section 601(d)
of the Social Security Act.
(21) LOBBYING PROHIBTION
a. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature, the judicial branch, or a state agency."
b. No funds or other resources received from the Recipient under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
c. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying
activities.
d. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying
the Legislature, the judicial branch, or a state agency."
e. No funds or other resources received from the Recipient under this Agreement may be used
directly or indirectly to influence legislation or any other official action by the Florida
Legislature or any state agency.
i. The Subrecipient certifies, by its signature to this Agreement,that to the best of his
or her knowledge and belief:
ii. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the Subrecipient,to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement.
iii. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, the Subrecipient must complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities."
iv. The Subrecipient must require that this certification be included in the award
documents for all subawards (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements)and that all Subrecipient s shall
certify and disclose.
v. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
q(i
.IV -i1
by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more
than $100,000 for each such failure.
(22) LEGAL AUTHORIZATION
The Subrecipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance of this
Agreement. The Subrecipient also certifies that the undersigned person has the authority to
legally execute and bind the Subrecipient to the terms of this Agreement.
(23)ASSURANCES
The Subrecipient must comply with any Statement of Assurances incorporated as Attachment
C.
(24) EQUAL OPPORTUNITY EMPLOYMENT
a. In accordance with 41 C.F.R. §60-1.4(b), the Subrecipient hereby agrees that it will
incorporate or cause to be incorporated into any contract for construction work, or
modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
Chapter 60, which is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant to a grant,
contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the following equal
opportunity clause:
During the performance of this contract, the contractor agrees as follows:
The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to the following:
i. Employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
considerations for employment without regard to race,color, religion, sex,sexual
orientation, gender identity, or national origin.
iii. The contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's
essential job functions discloses the compensation of such other employees or
applicants to individuals who do not otherwise have access to such information,
unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an
investigation conducted by the employer, or is consistent with the contractor's
legal duty to furnish information.
iv. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice to be provided advising the said labor union or workers'
representatives of the contractor's commitments under this section, and shall
post copies of the notice in conspicuous places available to employees and
applicants for employment.
v. The contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by rules, regulations,and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor
for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination
clauses of this contract or with any of the said rules, regulations, or orders, this
contract may be canceled, terminated, or suspended in whole or in part and the
contractor may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of
Labor, or as otherwise provided by law.
viii. The contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a
means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency the contractor may request the United States to enter
into such litigation to protect the interests of the United States.
(25) COPELAND ANTI-KICKBACK ACT
a. The Subrecipient hereby agrees that, unless exempt under Federal law, it will incorporate
or cause to be incorporated into any contract for construction work,or modification thereof,
the following clause:
i. Contractor. The contractor shall comply with 18 U.S.C. §874,40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are
incorporated by reference into this contract.
ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts
the clause above and such other clauses as the FEMA may by appropriate
instructions require, and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor
with all of these contract clauses.
iii. Breach.A breach of the contract clauses above may be grounds for termination of the
contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
(26) CONTRACT WORK HOURS AND SAFETY STANDARDS
If the Subrecipient , with the funds authorized by this Agreement, enters into a contract that
exceeds $100,000 and involves the employment of mechanics or laborers, then any such
contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of
the Act, each contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than
one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under
working conditions which are unsanitary, hazardous, or dangerous. These requirements do
not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation.
(27) CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract
that exceeds$150,000, then any such contract must include the following provision:
i. Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report
violations to FEMA and the Regional Office of the Environmental Protection
Agency (EPA).
(28) SUSPENSION AND DEBARMENT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following provisions:
i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such the contractor is required to verify that none of the
contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at
2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified
(defined at 2 C.F.R. § 180.935).
ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C and must include a requirement to comply with these
regulations in any lower tier covered transaction it enters into.
iii. This certification is a material representation of fact relied upon by the Recipient.
If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180,
subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to
the Recipient, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.
180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The bidder
or proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
(29)BYRD ANTI-LOBBYING AMENDMENT
a. If the Subrecipient, with the funds authorized by this Agreement, enters into a contract,
then any such contract must include the following clause:
i. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors
who apply or bid for an award of $100,000 or more shall file the required
certification. Each tier certifies to the tier above that it will not and has not used
Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant, or any other
award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying
with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the Subrecipient.
(30) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS
ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the Subrecipient, with the funds authorized by this Agreement, seeks to procure goods
or services, then, in accordance with 2 C.F.R. §200.321, the Subrecipient must take the
following affirmative steps to assure that minority businesses, women's business
enterprises, and labor surplus area firms are used whenever possible:
i. Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses,
and women's business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's
business enterprises;
v. Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency
of the Department of Commerce; and
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (i). through v. of this subparagraph.
b. The requirement outlined in subparagraph a. above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the
solicitation or award of a contract to these types of firms. Rather, the requirement only
imposes an obligation to carry out and document the six affirmative steps identified above.
c. The "socioeconomic contracting" requirement outlines the affirmative steps that the
Subrecipient must take; the requirements do not preclude the Subrecipient from
undertaking additional steps to involve small and minority businesses and women's
business enterprises.
d. The requirement to divide total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises, does not authorize the Subrecipient to break a single
project down into smaller components in order to circumvent the micro-purchase or small
purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project
splitting").
(31) SCOPE OF WORK.
The Sub recipient shall perform the tasks as identified and set forth in the Scope of Work,
which is Attachment A.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first
written above.
SUBRECIPIENT NAME: Whole Family Health care, Inc.
By:
Date
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By:
Joseph E. Flescher, Chairman
Date approved:
ATTEST: Jeffrey R. Smith,
Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Jason E. Brown
County Administrator
Approved as to form and legal
sufficiency:
Dylan Reingold
County Attorney
..wtIe amiI
health center
Administrative Offices
72.5 N US 1,Fort Pierce,FL 34950 827 18"'Street,Vero Beach,FL 32960 981 37'Place,VeroBeach,FL 32960
Phone:772.168.9900 FILO:772.468.2 361 Phone: 772.92.5.8200 Fax: 772.925.8199 Phone:772.257.5785 Fax:772.2.57.532,5
Indian River County
Board of County Commissioners
Vero Beach, FL
December 29, 2020
REQUEST FOR FUNDING FOR COVID TESTING PROGRAM AT WHOLE FAMILY HEALTH CENTER
Whole Family Health Center is a non-profit Community Health Center located at 981 37th Place,Vero
Beach,with Federally Qualified Health Center Lookalike status.
Whole Family Health Center requests supplemental funding for expenses related to our COVID-19
community testing program.Testing is currently taking place at our Vero Beach Clinic six days a week,
including Saturdays.We are testing all community members regardless of their insurance status. Funds
requested would cover expenses not reimbursed from other sources including insurance payments and
federal funding for testing the uninsured.The funding would allow us to continue to offer both rapid
testing and confirmatory lab testing to Indian River County residents.
Requested funding $80,280.00
Requested funding consists of the following items:
Cleaning supplies: disinfectant,cavi-wipes, biohazard bags $ 372.00
PPE expenses: Hair nets,shoe covers,gloves,gowns,face masks $ 1,172.00
Test Kits: COVID-19 tests kits for in-house testing $55,036.00
Lab Testing: lab testing costs for COVID-19 $23,700.00
We appreciate your consideration and will continue to serve our community members through the
ongoing pandemic related hurdles and into the future.
Sincerely,
Theresa Malone
Director of Finance
Whole Family Health Center
'1.1-17 -a3
Attachment B
PROGRAM STATUTES AND REGULATIONS
42 USC 601(d)CARES Act Creation of the Coronavirus Relief Fund(CRF)
Section 215.422, Florida Statutes Payments, warrants, and invoices; processing time limits;
dispute limitation;agency or judicial branch compliance
Section 215.971, Florida Statutes Agreements funded with federal and state assistance
Section 216.347, Florida Statutes Disbursement of grant and aids appropriations for lobbying
prohibited
CFO MEMORANDUM NO. 04(2005-06) Compliance Requirements for Agreements
19
Attachment C
Intentionally Left Blank
A . (77 -A5
DEPARTMENTAL
INDIAN RIVER COUNTY, FLORIDA
MEMORANDUM
TO: Honorable Board of County Commissioners
THROUGH: Jason E. Brown, County Administrator
THROUGH: Tad Stone, Director
Department of Emergency Services
FROM: Maria Resto, Emergency Services Manager
DATE: December 23, 2020
SUBJECT: Approval of Renewal of the 800 MHz Communications System Master Service
Agreement with Communications International, 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 AND CONDITIONS:
Since the completion of the 800 MHz radio system project in 1996, Communications
International Inc., the factory -certified regional service partner of the manufacturer, has provided
the daily maintenance for the radio system.
On March 1, 2011, the Board designated Communications International, Inc. as the County's
Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity
of essential services, the County requires Communications International, Inc. to have certified
service technicians available twenty-four (24) hours a day for immediate repairs.
Communications International is the only regional vendor qualified to perform the maintenance
and repairs.
The approved contract for FY 2015/2016 (Contract Number CI -10-146) provided for renewal or
extension of the contract in one (1) year increments for a total of five (5) years upon mutual
consent of the parties. The renewal options for the FY 2015/2016 contract have been exhausted
and a new contract is needed for FY 2020/2021. The terms and conditions of the proposed
contract will remain the same as the previous one with increases/decreases in annual
maintenance costs only due to additional equipment for the P25 Project, and South Urban
Consumer. Price Index (CPI) adjustments.
FUNDING:
The South Urban Region CPI is used to annually adjust the cost of the maintenance and service
agreement. The CPI for FY 2020/2021 is 1.90%.
178
The increase due to the CPI adjustment is of $6,246 and the increase due to additional equipment
for the P25 Project, including some of the equipment for the new tower site, is of $8,657.52
The proposed FY 2020/2021 maintenance contract for the communication system backbone
infrastructure maintenance totals $343,640.16 and is to be paid through monthly invoices.
FY 2019/2020 Maintenance Agreement $328,736.64
FY 2020/2021 Proposed Maintenance Agreement $343,640.16
Funding for the communications service agreement is a planned expenditure and is included in
the FY 2020/2021 General Fund/ Communications -Emergency Services/Maintenance-Other
Equipment (001-107) budget.
Account
Account Number
A reement Amount
Communications -Emergency
Services/Maintenance-Other Equipment
00110719-034690
$343,640.16
RECOMMENDATION:
Staff recommends the Board approve the renewal of the 800 MHz/P25 Communications System
Master Service Agreement with Communications International, Inc.
ATTACHMENTS:
1. Master Service Agreement (Contract Number CI -10-146)
2. CPI Calculation Letter
179
•
COMMUNICATIONS
INTERNATIONAL
An Employee Owned Company
ORIGINAL
4450 US I • Vero Beach, Florida 32967 ♦ Telephone: (772) 569-5355 • Fax: (772) 567-2292
MASTER SERVICE AGREEMENT
Contract Number CI -110-950
This Contract is entered into by and between Communications International, Inc., located at 4450 U.S. Highway I, Vero Beach, Florida
32967 (" "Ci"), and Indian River County Board of Commissioners, located at 1801 271h Street (the "Customer"), on the lst day of
October 2020, (the " Effective Date").
WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment;
WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic
equipment as described here in;
WHEREAS, the Parties desire to establish terms, conditions and pricing under which the particular equipment will be maintained; and
WHEREAS, the Parties hereby desire to enter into th is Contract to set forth, in writing, their respective rights, duties and obligations
hereunder;
NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged and confessed, the Parties agree as follows:
I. DEFINITIONS
A. Parties - shall mean, collectively, Ci and theCustomer.
B. Services - shall mean those services to be provided by Ci to the Customer pursuant to this Contract, but not limited to maintenance,
repair, replacement, labor and testing.
C. Contract - shall mean this. document, along with all documents attached hereto and incorporated herein by reference.
D. Terminal Equipment - shall mean vehicular mounted radios, personal portable radios, portable radio desk chargers and basic
compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract.
E. Fixed Equipment - shall mean site repeater stations and associated equipment, multi -site coordinator, console electronic
equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract.
F. Other Equipment - shall mean any other electronic equipment that is listed in this Contract, and defined herein.
G. Demand Services - shall mean service that is requested which is not included in the fixed fee arrangement in this Contract.
H. Normal Working Hours - shall mean 8:00 am until 5:00 pm, local time, Monday through Friday, excluding Federal and State
Holidays ('Business Days"), unless otherwise defined.
I. Emergency Services shall mean services that are available by Ci twenty-four (24) hours per day, seven days per week,
including Federal and State Holidays.
Page 1 of 12
IFY1;
2. SCOPE. OF C'ONTRAC'T
Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the services described
herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance with
Exhibit C of this Contract.
3. TERM OF CONTRACT
A. The term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of the
Term, unless (I) either party notifies the other party; in writing, at least ninety (90) days prior to expiration of this Contract (the
'Renewal Notice") or (II) in the event Ci proposes new terms, conditions, or pricing ("New Terms"), such. New Terms are not
accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to this contract.
B. This contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web site
(http: \\www.bis.gov/cpi/home.htd):
1. Select the " South Urban region of the U.S. Map.
2. Select the "More Formatting Options"
3. Select the " 12 months PercentChange
4. Select "Retrieve Data"
5. Scroll down to the current year and select the "Feb" number
6. This number will be used as a multiplier for the recent year total of the maintenance contract
The percent number is a 12 -month percent change for the "South Urban" over the last 12 months as reflected in February.
4. PRICES AND TERMS OFPAYMF.NT
A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B.
B. The prices to be charged for the Demand Services and Professional Services are as set forth in Exhibit C.
C. All pricing discounts on both hardware and software, including all vendor equipment offered by Ci are set forth in Exhibit D.
D. Payment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in full
forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis.
E. Payment for all Demand Services, Professional Services and purchase of all products and/or equipment is due in full forty-five
(45) days after receipt of invoice. Invoices shall be submitted to the Customer as :the work is completed.
5. EXTRA CHARGES
No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties.
6. SERVICES
A. Installation, removal or reinstallation of equipment, shall be performed by Ci, following reasonable notice to the Customer at
the rates listed in Exhibit C and at a time agreed to by both Parties.
B. Items that are not covered under Services for maintenance in Exhibit B, such as speaker microphones and Enhanced Vehicular
Chargers, will be repaired and/or replaced as Demand Services and will be charged at the prices set forth in Exhibit C.
C. In addition to the Services specified in this Contract, the Customer may order other work to be provided by Ci, including
specially designed work.or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (I0)
business days of receipt of a Special Requirements Order, Ci will furnish the Customer with a written proposal to fill such
Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal with
ten (10) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (111')Business
Day after receipt.
181
D. Purchase orders issued in, compliance with this Contract, other than Special Requirements Orders, shall be deemed accepted
upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance of
Ci's proposal.
E. Unless otherwise specifically agreed between. Ci and the Customer, in writing, the terms and conditions of this Contract shall
take precedence over any accepted purchase order issued after the date of this. Contract, in accordance with Section 16 of this
Contract.
F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contract.
G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. If Terminal
Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency
Service on Terminal Equipment, if requested, will be performed and will be charged at the prices set forth in Exhibit C.
H. Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the first
Preventative Maintenance effort will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up to
specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosive
atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by thisContract.
a vium N►:►
Ci will annually perform verification on Terminal Equipment covered bythis Contract to validate factory specifications and correct
any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request.
1 :..::: NEI 51amelm
Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramming
changes will be provided periodically, upon request, at no cost to the Customer.
A. The quantity of Terminal Equipment units to be maintained and/or serviced may be added to, or removed from, this Contract
while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may be
added to the Contra t immediately following the expiration date of the manufacturer's warranty. A letter of authorization from
the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must be identified by
individual LTD number s, serial numbers and property ID numbers.
B. Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, the amount charged
to the Customer the following month.
I ffl' I \. .. - . V--
The estimated time of repair of Terminal Equipment delivered to Ci's local facility is three (3) to seven (7) Business Days.
11. FORCE MAJEURE
Ci will not be considered in default or liable for any delay or failure to perform its obligation s under this Contract if such delay or
failure arises directly or indirectly out of an act of nature, war, labor strikes, lockouts, trade disputes, fires, quarantine restrictions,
governmental action or by causes beyond the reasonable control of Ci. In such event, any obligation of Ci under this Contract will
be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held against
Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall state
the revised date for performance.
To the extent allowable by law, Ci shall indemnify and save harmless the Customer from any and all liability, claims, damages,
losses or expenses, including attorney's fees, arising out ofor resulting from the performance of its work under this Contract, where
182
such claim, damage, los s, or expense is directly caused by the negligence or intentional wrongful act or omission of Ci, its agents,
employee s, or any of its subcontractors, in connection with or pursuant to this Contract.
u 10 Val N 1111me):
The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50 ,000 or the amount actually -paid by
the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed.
14. INSURANCE.
A. Within thirty (30) days of the execution of this Contract, Ci shall furnish the Customer with certificates of insurance showing
that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollars
($1,000,000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. The
certificates of insurance shall also provide that at least thirty (30) days' notice in writing shall be given to the Customer of any
cancellation or reduction of coverage before such coverage is cancelled or reduced.
B. The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shall not
:be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintain insurance
as required by this Section.
This Contract may be terminated by either party, with or without cause, upon not less than ninety (90) days' notice, in writing, by
overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effective
upon receipt.
This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to the
subject matter hereof and supersedes and merges all prior agreements and understandings. No amendment, modification or waiver
of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by duly
authorized officers of both Parties.
AUTHORIZED SIGNATURE -CONTRACT NUMBER CI -110-950
IN WITNESS HEREOF, Communications International, Inc. and the Customer have caused this Contract to be signed as of the
Effective Date set forth above.
COMMUNICATIONS INTERNATIONAL, INC.
Name
Title:
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
LI -A
Name:
Title:
183
Contract Number CI -110-950 EXHIBIT "A"
SCOPE OF WORK
During the term of the Contract, Ci agrees (i) to provide the Customer with repair, maintenance services and parts to maintain the
Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the
prices set forth in. Exhibits B and C.
1. Conditions of Service
Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service
requirements stated herein.
2. Terminal Equipment Maintenance
3. Fixed Equipment Maintenance
A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours ofthe
Customer's request for Emergency Service.
B. Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due
to user or third -party negligence, installation or removal; liquid intrusion; lightening damage or Acts of God. Any component parts
replaced under this Section shall be returned to Customer for inspection.
C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i)
improper operations of Customer or any third party or (ii) failure of Associated Systems. " Associated Systems" are defined as
any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci.
4. Preventative Maintenance
Ci will annually perform verification on Terminal Equipment covered by this Contract to validate factory specifications and will
correct any deficiencies found.
5. General
All services provided under this Contract are only applicable to the Terminal Equipment, Fixed Equipment and Other Equipment
listed in Exhibit "B".
IM
COMMUNICATIONS
INTERNATIONAL
An Employee Owned Company
4450 US Highway 1
Vero Beach, FL 32967
772-569-5355 Fax: 772-567-2292
Exhibit B
Ci -110-950
Contract #
October 1, 2020 -September 30,
Covered Period: 2021
Customer Details
Bill
Indian River County Emergency Services To: Indian River County Emergency Services
Radio Systems Manager
1840 25th Street
Vero Beach, FL 32960
772-567-3160
Radio Systems Manager
1840 25th Street
Vero Beach, FL 32960
Billing Details
South Tower Site
201912020
South Urban CPI
202012021
Qty
Unit Amounto
1.90%
Unit
Amount
Monthly Amount
Channels Mastr III Stations
7
$131.72
2.50
$134.22
$939.54
Channel Site Pro's
7
$44.93
0.85
$45.78
$320.46
Master V Stations
5
$127.50
$127.50
$637.50
Receiver Multi -coupler with Tower Top Amp
1
$145.01
2.76
$147.77
$147.77
Network Sentry Server
1
$321.27
6.10
$327.37
$327.37
Simulcast Common Transmit Equipment
1
$329.27
6.26
$335.53
$335.53
Mastr III Mutual Aid Channels
6
$131.72
2.50
$134.22
$805.32
Intraplex Multiplexer
3
$30.95
0.59
$31.54
$94.62
Microwave Radios to IRCEM & VBPD
4
$128.92
2.45
$131.37
$525.48
Microwave Radios to Egrets Marsh
2
$128.92
2.45
$131.37
$262.74
Microwave Radios to Station 2 Tower
2
$128.92
2.45
$131.37
$262.74
Vida Unit Switch
1
$298.25
5.67
$303.92
$303.92
IP Network Equipment
2
$128.43
2.44
$130.87
$261.74
Total for South Site
$5,224.73
Simulcast Control Point
South Urban CPI
202012021
Qty
Unit Amounto
1.90%
Unit
Amount
Monthly Amount
Vertical Site Pros
7
122.65
2.33
124.98
874.86
Intraplex Multiplexers
3
30.95
0.59
31.54
94.62
Egret Marsh Intraplex Multiplexer
1
28.81
0.55
29.36
29.36
Network Sentry Server
1
321.30
6.10
327.40
327.40
Control Point Common Equipment & Alignment Rack
1
329.27
6.26
335.53
335.53
15 Analog & Digital Voters Egret Marsh
1
134.77
2.56
137.33
137.33
Down Links
1
30.91
0.59
31.50
31.50
SIM
1
131.59
2.50
134.09
134.09
DC Power System pos 24 volt
1
388.55
7.38
395.93
395.93
DC Power System neg 48 volt
1
384.32
7.30
391.62
391.62
IP Network Equipment
1
128.43
2.44
130.87
130.87
Total for Simulcast Control Point
North Tower Site South Urban CPI 202012021
2,883.11
185
Hobart Tower Site South Urban CPI 2020/2021 Q
Qty Unit Amount Unit MoAAOAmount
1.90% Amount
Qty
Unit Amounto
Unit
Monthly Amount
1.90%
Amount
Mastr III Stations
7
131.72
2.50
134.22
939.54
Channel Site Pro's
7
44.93
0.85
45.78
320.46
Master V Stations
5
127.50
2.42
129.92
649.60
Receiver Multi -coupler with Tower Top Amp
1
144.89
2.75
147.64
147.64
Network Sentry
1
321.30
6.10
327.40
327.40
Simulcast Common Transmit Equipment
1
329.27
6.26
335.53
335.53
Mastr III Mutual Aid Channels
0
-
0.00
0.00
Intraplex Multiplexer
3
30.95
0.59
31.54
94.62
DC Power Supply System pos 24 volt
1
316.09
6.01
322.10
322.10
DC Power Supply System neg 48 volt
1
312.65
5.94
318.59
318.59
Microwave Radios to Hobart
2
131.63
2.50
134.13
268.26
Microwave Radios to Sebastian PD
2
128.92
2.45
131.37
262.74
IP Network Equipment
1
128.43
2.44
130.87
130.87
Total for North Site
4,117.35
Fellsmere Tower Site
South Urban CPI
2020/2021
Qty
Unit Amount
Unit
Monthly Amount
1.90%
Amount
Mastr III Stations
7
131.72
2.50
134.22
939.54
Channel Site Pro's
7
44.93
0.85
45.78
320.46
Master V Stations
5
127.50
2.42
129.92
649.60
Mastr III Mutual Aids Channels
0
-
0.00
0.00
Downlinks
1
30.91
0.59
31.50
31.50
Sim
1
269.53
5.12
274.65
274.65
Network Sentry Server
1
321.30
6.10
327.40
327.40
Receiver Multi -coupler with Tower Top Amp
1
144.89
2.75
147.64
147.64
Intraplex Multiplexer
2
30.95
0.59
31.54
63.08
DC Power Supply System pos 24 volt
1
316.09
.6.01
322.10
322.10
DC Power Supply System neg 48 volt
1
312.65
5.94
318.59
318.59
Microwave Radios to Hobart
2
128.92
2.45
131.37
262.74
IP Network Equipment
1
128.43
2.44
130.87
130.87
Total for Fellsmere Site
3,788.17
Dispatch Equipment
South Urban CPI
2020/2021
Q
Amount
Unit
Monthly Amount
1.90%Unit
1.90%
Amount
Symphony Consoles
10
174.82
1.84
176.66
1,766.60
IMC/CEC Switch
1
919.54
1.86
921.40
921.40
*Microwave Alarm Pc
1
30.91
0.59
31.50
31.50
*DV1U
1
395.12
7.51
402.63
402.63
*MOM System
1
118.54
2.25
120.79
120.79
*CSD
1
362.21
6.88
369.09
369.09
*CSD Client
1
105.36
2.00
107.36
107.36
Netclock -GPS
2
55.31
1.05
56.36
112.72
Intraplex Multiplexers-
11
30.95
0.59
31.54
346.94
Zetron Model 25 Encoders
5
32.95
0.63
33.58
167.90
Orion Remote Back-up Radios
9
31.59
0.60
32.19
289.71
Microwave Radios (IRCSO, VBPD, Seb. PD dispatch)
6
128,92
2.45
131.37
788.22
IP Network Equipment
1
128.43
2.44
130.87
130.87
UPS battery backup (located at South site)
1
48.28
0.92
49.20
49.20
Total for Dispatch Equipment
5,604.93
Hobart Tower Site South Urban CPI 2020/2021 Q
Qty Unit Amount Unit MoAAOAmount
1.90% Amount
Mastr III Back-up Stations
7
$52.69
1.00
$53.69
Master V Stations
5
$127.50
2.42
$129.92
Receiver Multi -coupler with Tower Top Amp
1
$144.89
2.75
$147.64
Intraplex Multiplexer
1
$30.95
0.59
$31.54
Med 4 Station
0
-
$0.00
Med 8 Station
1
$46.10
0.88
$46.98
VHF EM/Fire Page Station
1
$138.30
2.63
$140.93
DC Power System neg 48 volt
1
$312.65
5.94
$318.59
Microwave Radios to North, West, IRCEM sites
6
$128.92
2.45
$131.37
Total for Hobart Site
Egret Marsh Site
South Urban CPI
2020/2021
Qty
Unit Amount
1.90%
Unit
Amount
Mastr III Stations
7
$170.21
3.23
$173.44
Master V Stations
5
$127.50
2.42
$129.92
Network Sentry
1
$321.30
6.10
$327.40
Simulcast Common Transmit Equipment
1
$313.14
5.95
$319.09
Intraplex Multiplexer
1
$29.44
0.56
$30.00
DC Power Supply System pos 24 volt
1
$299.73
5.69
$305.42
DC Power Supply System neg 48 volt
1
$312.65
5.94
$318.59
Microwave Radios to South site
2
$128.92
2.45
$131.37
Total for Egret Marsh
$375.83
$649.60
$147.64
$31.54
$0.00
$46.98
$140.93
$318.59
$788.22
$2,499.33
Monthly Amount
$1,214.08
$649.60
$327.40
$319.09
$30.00
$305.42
$318.59
$262.74
$3,426.92
IRC EOC Site South Urban CPI 2020/2021
Qty Unit Amounto Unit Monthly Amount
1.90% Amount
Microwave Radios to IRCSO Dispatch, Hobart, South sites 6 $128.92 2.45 $131.37 $788.22
Vida Unit Switch 1 $298.25 5.67 $303.92 $303.92
Total for EOC site $1,092.14
Cost Summary for. Oct 2020 -Sept 2021 12 months
South Tower Site
Simulcast Control Point
North Tower Site
Fellsmere Tower Site
Dispatch Equipment
Hobart Tower Site
Egret Marsh Site
IRC EOC Site
Total Monthly Maintenance for Sites:
Total Annual Maintenance Oct -Sept
$343,640.16
Monthly Totals
$5,224.73
$2,883.11
$4,117.35
$3,788.17
$5,604.93
$2,499.33
$3,426.92
$1,092.14
$28,636.68
The Consumer Price Index Southeast Urban Region of 1.9 has been added to each equipment line.item that was on 2020-2021 agreement:
187
Contract Number CI -1 10-950
EXHIBIT "C"
DEMAND SERVICE RATES
Demand Services
Support Staff
Cabler
System Installer
System Design Engineering Hourly Rate
Maintenance Technician (Bench)
RF Engineer
IT Engineer
Site Manager
Project Manager
Emergency Service Rate
Expenses
Lodging
Per Diem
Travel Time
Rate Per Hour
$ 50.00
$ 57.00
$ 62.00
$ 150.00
$ 88.00
$ 125.00
$ 125.00
$ 80.00
$ 100.00
Rate * 1.5
Actual
Actual
IRS Rate
Actual
Contract No. CI -110-950
EXHIBIT "D"
Pricing Discounts
Pricing discounts for all UHarris manufactured equipment will be at the current Public Safety discount level of 28
% off list price published on the L3Harris website. All list pricing will reference the most current pricing available.
All vendor items will be priced at current published " Public Safety or Government" discount levels.
Discounts on all other manufactured equipment, custom equipment, and software not having published discount
levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by
Ci in the State of Florida.
189
190
�1VIAIVNICATIONS
INTERNATIONAL, MC.
4450 US Highway 1 ♦ Vero Beach, Florida 32967.* Telephone: (772) 569-5355 o Fax (772) 567-2292
October 20, 20090
Jason E. Brown, Director
Management and Budgeto
1801 21,� Street
Building A
Ref: Indian River County Radio Maintenance Contract No. CII -05-818o
Dear Mr. Brown:o
A problem exist with the referenced contract in paragraph 3.0 which has to do.with the formula used to determineo
the Consumer Price Index (CPI) in calculating the annual rate increase and/or decrease. CII would like to proposeo
a change to the verbiage in the existing contract with intent to remove any ambiguity and provide a predictable
CPI for our contract in the early part of each year. This will allow Indian River County to budget the maintenanceo
contract in preparation for the upcoming year.o
The present contract language
The basis for this extension will be the consumer price index (CPI) for all urban consumers of the Bureau of Labor
Statistics South Urban most recent publicationprior to contract reneival The adjustment factor used to create price
a*atment up or dawn for each unit price proceed is as follows:
Previous 12 month CPI -U South Urban — CPI A4udment
Current year CRW South Urban
kgposed contract lansuage:o
Use the Bureau of Labor Statistics webb site(htwJAynvwbls.eov/cnilhome.htm)o
LoSelect the "South Urban" region of the U.S. map.o
2.oSelect the "More Formatting Options"o
3.oSelect the "12 months Percent Change"o
CoSelect "Retrieve Data"o
5.oScroll down to the current year and select the "Feb" numbero
6.oThis number will be used as a multiplier for the recent year total of the maintenance contracto
This percent number is a 12 month percent change for the "South Urban" over the last 12 months as reflected ino
February.o
Please call me to discuss this matter should you desire. If you are in agreement let me know and we will issue ano
amendment to the referenced contract.o
Sincerely,o
Robert Wm Storko Owner/CEO
19f
I- rQ,
B-�'_
DEPARTMENTAL
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: Maria Resto, Emergency Services Manager
DATE: December 18, 2020
SUBJECT: Approval of Extension of the Public Safety Communications System FX Software
Services Agreement
It is respectfully requested that the information contained herein be given formal consideration
by the Board of County Commissioners at the next scheduled meeting.
DESCRIPTION AND CONDITIONS:
On August 9, 2016, the Board of County Commissioners approved the public safety radio system
P25 Migration Project. During the migration period, the county will be operating both the
EDACS and P25 radio systems concurrently to maintain a public safety level of service, stable
operations, and functionality until completion of the project. An integral part of the EDACS and
P25 system is the FX Software.
On September 11, 2018, the Board of County Commissioners approved Communications
International as a sole source for the public safety radio system FX Software Services. The FX.
Software provides enhancements and corrections to public safety EDACS and P25 backbone and
radio components. It also assures the County that any new generation radios, hand-held or
mobile units, would seamlessly integrate into our communication network. The signed
agreement includes provisions for one (1) year extensions as agreed upon parties. Harris has.
agreed to extend the terms, and conditions for another year with a price increased due to the
transition from the EDACS to the P25 system.
FUNDING:
The proposed FY 2020/2021 FX Software agreement will cover all necessary upgrades. for the
P25 system. The increase in rate for FY 2020/2021 is due to the transition from the EDACS
system.to the P25 system, which is software -driven. The EDACS system will be covered under
the same agreement at no charge until the EDACS system is taken out of service.
iU
FY 201.9/2020 FX Software Agreement $95,000
FY 2020/2021 Proposed Agreement $126,320.40
The FX Software is a budgeted expense and funds are available in the General
Fund/Communications-Emergency Services/Computer Software (00110719-035120) account.
Account Name
I Account Number
Amount
Communications -Emergency Services/Com uter Software
00110719-035120
$126,320.40
RECOMMENDATION:
Staff recommends the Board approves the second extension of the original contract for the Public
Safety Communications System FX Software Services Agreement with Communications
International, Inc.
ATTACHMENT:
1. FX Software Quote- FY 2020-2021
2. FX Software Services Agreement
3. FX Software Agreement Extension Letter
MW
•
COMMUNICATIONS
INTERNATIONAL
An Employee Owned Company
Communications International
4450 US Highway 1
VERO BEACH, FL 32967
Bill to
IRC Emergency Services - EOC
Emergency Services Dept
Radio Systems Manager
4225 43rd Avenue
VERO BEACH, FL 32967
IRC Emergency Services - EOC
For Oct 1 st 2020 to Sept 30th 2021
Quotation Page
1 of 1
Quotation ID
Q00011436
Date
09/21/2020
Expiration date
10/21/2020
Customer
C000952
Terms
N30
Reference
Requested By
Salesperson
Jeffery L Willingham
Delivery. address
IRC Emergency Services - EOC
Emergency Services Dept
Radio Systems Manager
4225 43rd Avenue
VERO BEACH, FL 32967
Line
Item Description Quantity Price Discount Net Price Extended Price
MASS-BSN6J P25NIDA Software Services - 1 Year 1 126,320.40 0% 126,320.40 126,320.40
Order Acceptance - Please sign below
Signature
Printed name
Date
Subtotal $126,320.40
Sales tax $0.00
Total $126,320.40
Not an Invoice — Do Not Pay
By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by
Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling
charges. All warranties are manufacturers warranties. Terms and Conditions: www.ask4ci.com/termsandconditions
194
SOFTWARE FX
AGREEMENT
THIS SOFTWARE FX AGREEMENT ("Agreement") is hereby entered into between Harris Corporation, a
Delaware Corporation, through its Communication Systems Segment ("Harris") and Indian River County, FL
("Subscriber") on the following terns and conditions:
1. SCOPE OF AGREEMENT
During the term of this Agreement, as set forth in Section 11, Harris agrees to provide Subscriber withs
the following:s
A.s Harris Software Update benefits including software updates, documentation updates and other services,s
as set forth in Section 3 of this Agreement, for the software developed and provided by Harris ands
contained within the Subscribers Designated Harris System(s) as described in Exhibit A to thiss
Agreement; ands
Bs Harris Security Update Management Service (SUMS) for the updating of security related patches, as sets
forth in Section 4 of this Agreement, to the Subscriber's Designated Harris System(s) as described ins
Exhibit A to this .Agreement.s
2. DEFINITIONS
As used in this Agreement, the following terms shall have the meanings set forth below.
A.s "Contract" means the Agreement for the purchase of the Designated System(s).s
B.s "Current Software Release Levels" means the most recent Software release announced by Harris as beings
commercially available. "Commercially available" does not include interim releases provided ass
emergency fixes or software released for beta test or noncommercial or similar purposes.s
C.s "Designated System(s)" means the Harris system(s) purchased by Subscriber and identified in Exhibit A tos
this Agreement. The Designated System does not include Third Party Software Products. Excludeds
Products or other systems to which the Designated System may be linked.s
D.s "Enterprise Configuration" means a radio system level configuration that is capable of supporting larges
county, multi -county, regional or state-wide installations.s
E.s `Excluded Products" means third Party Products contained in the customer's system that were not sold bys
Hands to Subscribers
F.s "Harris Licensed . Programs" means all Harris Software programs and associated documentations
nonexclusively licensed to Subscriber by Harris for use solely with Subscribers Designated System.s
G.s "Harris Software Updates" means any commercially available corrections, modifications or enhancementss
to the Licensed Programs generally released and/or provided by Harris.s
H.s "Harris Authorized Dealer" means an entity authorized by Harris to sell certain Han -is products and systemss
as an authorized dealer in accordance with the provisions of a Dealer Agreement between Harris and sucks
person or entity.s
I.s "IAVA" Information Assurance Vulnerability Alert. An LAVA is an announcement of a computers
application software or operating system vulnerability notification in the form of alerts, bulletins, ands
technical advisories identified by DoD-CERT, a division of the United States Cyber Command.s
Js "Optional Feature" means those Harris Software features, not currently contained in the Subscriber'ss
Designated System, available for Current Software Release Levels that are available to Subscriber at ans
additional cost.s
195
K.a "Product Vulnerability Alerts" (PVAs) means security vulnerabilities repotted against a product supplieda
by the Harris. Notifications of these PVAs are obtained from multiple sources; governmental, vendor,a
independent and open source databases.a
L.a "PVA Evaluation" means the Harris's process for evaluation of a potential Product Vulnerability Alerta
affecting products provided by the Harris.a
M.a "STiG" means Security Technical Implementation Guide. A STIG is a methodology for standardizeda
secure installation and maintenance of computer software and hardwarea
N.a "Security Updates" means software updates that mitigate, address and/or resolve product securitya
vulnerabilities in system components offered by the Harris. These updates may include Vendor Patchesa
and/or Vendor Work-Arounds.a
O.a "Security Update Distribution" means the Harris providing Security Updates to which the Subscriber isa
entitled under the terms of this Agreement, affecting components of the Subscriber's Designated System asa
defined in Exhibit A.a
P.a "Software Updates" means all Harris provided software updates to either Harris designated SW systema
components or SUMS Software updates.a
Q.a "SUMS" means Harris's Security Update Management Service. Harris's automated patch managementa
system that provides periodic, security -related software updates.a.
R.a "SUMS Software Updates" means periodic, security -related software, including but not limited to,a
operating system updates, antivirus signatures, and other security related Windows-based 3rd partya
updates (Adobe, Java, Flash).a
S.a "Tech -Link" is the technical information section of Harris's web site. Access is restricted to authorizeda
subscribers via user ID and.password login.a
T.a "Third Party Software Products" means software owned by a patty other than Harris Corporation.a
U.a "Vendor Patches" means software updates provided by third -party software vendors that mitigate, addressa
and/or resolve PVA(s).a
V.a "Vendor Work-Arounds" means configuration and/or procedural changes provided by third -party softwarea
vendors that mitigate, address and/or resolve PVA(s).a
3.. HARRIS SOFTWARE UPDATES
A.a Harris Software Releases Includel. With respect to each Licensed Program, and subject to the conditionsa
of this Agreement, Harris will provide the Software Updates described below during the term of thisa
Agreement. All Updates shall be shipped to Subscriber's Software.FX contact designated in Exhibit A ofa
this Agreement via protective packaging containing a quantity of programmed Software media necessarya
for Subscriber to fully implement the Software Updates within its Designated System. In addition, eacha
shipment of Software Updates shall contain at least one .set of Software release notes detailing the contentsa
of the Software Update and providing installation instructions.a
t. Software Updates Upon Enrollment. As determined by the system audit described in Section 6.A.i. ofa
this Agreement, Harris shall provide to Subscriber the Software Updates needed, if any, to bring thea
Licensed Programs within. Subscriber's Designated System up to Harris' Current Software Releasea
Levels. Such Updates will be provided at no additional cost to Subscriber provided Subscriber hasa
enrolled in the Software FX program within the enrollment deadline specified in Section 9.A of thisa
Agreement.a
ii.a Subsequent Software Updates. During the term of this Agreement and subject to Subscriber'sa
performance of its obligations, Harris shall provide to Subscriber Software Updates, released by Harrisa
subsequent to Subscriber's enrollment in Software FX, for the Licensed Programs contained withina
Subscriber's Designated System. Such subsequent Software Updates may include:a
196
RR1S®
as Enhancements and/or: corrections to existing features for all Designated System backbones
components and/or radios;s
b.s New features or improvements to existing features implemented via the system components alreadys
contained within Subscriber's Designated Systems
Bs System Level Release Documentation: Prior to the general release of a major system release by Harris fors
Harris Licensed Programs, Harris shall make available a system level release document announcing thes
impending release, and detailing its contents and impact, if any, on any other Hands hardware or Softwares
components. Subscriber acknowledges that older hardware may not have sufficient capacity for thes
operation of the Software Updates. NOTHING IN THIS AGREEMENT OR OTHERWISE REQUIRF.Ss
HARRIS EITHER TO DESIGN UPDATES THAT REMAIN COMPATIBLE WITH DESIGNATEDs
SYSTEM HARDWARE OR TO PROVIDE ADDITIONAL HARDWARE UNDER THISs
AGREEMENT, AND SUBSCRIBER WAIVES ANY SUCH DUTY OR OBLIGATION BY HARRIS.s
4. HARRIS SECURITY UPDATE MANAGEMENT SERVICE
A.s Security Update Distributions Inclusions. Subject to the conditions of this Agreement, Harris will provides
periodic Security Updates described below during the term of this Agreement. All Security Updates shalls
be provided to Subscriber's contact designated in Exhibit A. Security Updates shall contain softwares
necessary for the Subscriber to fully implement the Security Update within the Designated System and ats
least one set of Software release notes detailing the contents of the Security Updates and providings
installation instructions.s
i. Security Updates Upon Enrollment. As determined by the system audit described in Section 6.A.i. ofs
this Agreement, Harris shall provide tosSubscriber the SecuritysUpdates needed, if any,sto bring the
Licenseds Programsswithins Subsriber'ss Designateds Systems upstos Harris's currents securitys software
release levelss Suchsupdates will be provided atsnoadditional cost tosSubscriber provided Subscriber
has enrolled in3hesSoftware!FX programs.vithin the enrollmentsdeadlines specified inihis Agreements
ii.s Subsequent Security Updates. During the term of this Agreement and subject to Subscriber'ss
performance of its obligations, Harris shall provide to Subscriber Security Updates that may includes
a.s Vendor Patches and/or Vendor Work-Arounds, enhancements, corrections and/or changes, mades
by third -party software vendors to software included in Harris provided products subject to thes
Subscriber's right to receive the third -party software. The Subscriber may be required to haves
currently executed services/support Agreement(s) with third -party vendor(s) separate from thins
Agreement.s
B.s SUMS Product Features Summarv.s
as Harris will use reasonable efforts to monitor pertinent governmental, vendor, independent ands
open source databases for PVAs, IAVAs, STIGs and for any subsequent resolutions that affects
products provided by Harris that are part of the Subscriber's Designated Systems
b.s Harris will make every reasonable effort to verify that the PVA, IAVA, and STIG resolutions,s
Vendor Patches and/or Vendor Work-Arounds, do not adversely affect Harris' stated performances
of the Subscriber's Designated Systems
c.s Harris will provide Security Update Distributions to the Subscriber at periodic intervals targetings
bi-monthly releases. The interval shall be determined solely by Harris. More frequent Securitys
Update Distributions may be required to address urgent product security vulnerabilities. Securitys
Update Distributions on other than a bi-monthly basis do not constitute a contractual default bys
Harriss
ds Harris will provide Security Update Distributions in a means suitable for use on the target devicess
of the Subscriber's Designated System. Optional On -Site Support Services may be contracted by
the Subscriber, outside of this Agreement, through Harris or Harris' Authorized Dealer as set forths
in Section 6.A.iv.s 197
�fARR/S@
es Prior to the general release by Harris of any Security Updates, Harris shall make available a SUMSs
Product release document announcing the impending release, and detailing its contents and impact,s
if any, on any other Harris hardware or Software components. Subscriber acknowledges that olders
hardware may not have sufficient capacity for the operation of the Software Updates. NOTHINGs
IN THIS AGREEMENT OR OTHF..RWISE REQUIRES HARRIS EITHER TO DESIGNs
UPDATF.,S THAT REMAIN COMPATIBLE WITH DESIGNATED SYSTEM HARDWARE ORs
TO PROVIDE ADDITIONAL HARDWARE UNDER THIS AGREEMENT, ANDS
SUBSCRIBER WAIVES ANY SUCH DUTY OR OBLIGATION BY HARRIS.s
fs Harris will provide with each Security Update Distribution a Security Release Notes document.s
This document will detail the PVA resolutions and/or mitigation addressed by this release,s
installation and installation recovery procedures and software and hardware compatibilitys
information where applicables
g.s Automated Security Update Distribution Services. Subscriber shall be responsible for providings
the necessary hardware and licenses to run the automated distribution of Security Updates. Thiss
hardware shall be part of Subscriber's Designated Harris System or purchased at Subscriber'ss
expense from Harris prior to the initialization of this Software FX Agreement. As set forth ins
Section 9.C. of this Agreement, it shall be the Subscriber's responsibility to complete the securitys
update process on the target devices (e.g. rebooting the target devices) following the Patchs
Application instructions in the Release Notes accompanying each Security Update Distribution.s
Optional On -Site Support Services may be contracted by the Subscriber, outside of this Agreement,s
through Harris or Harris' Authorized Dealer as set forth in Section 6.A.iv.s
h.s Assessment Reporting. For those PVAs monitored by t Harris as stated in Section 4.B.a., Harriss
will provide responses assessing the effects of the monitored PVAs on the LMR system and statings
Harris's recommendations for required actions. Access to the PVA assessments will be granteds
through Tech -Link, a restricted web site maintained by Harris. Harris does not guarantees
assessment response time, but will make reasonable effints to provide timely assessment responses.s
5. SOFTWARE RELEASES NOT INCLUDED
A.s Software Releases Not Included. The following Software releases are not included within the terms of thiss
Agreement:s
r.s New Products.s Any Software products released by Harris for which an earlier generation or releases
level is not already contained within Subscriber's Designated System. If Subscriber wishes tos
implement such Software products within its Designated System, it will need to license such productss
at the fees then in effect and purchase any necessary compatible hardware for operation of suchs
Software.s
rr.s Third Party Software. To the extent that such Third Party Software Products are available ands
compatible with the Designated System, Harris reserves the right to charge an additional fee fors
upgrades to softmare programs that are licensed by a third party for use with the Harris system yet ares
not the property of Harris. The Subscriber may be required to have currently executed services/supports
Agreement(s) with third -party vendor(s) separate from this Agreement. Subscriber must provides
evidence of a current services/support Agreement at the Harris's request.s
6. SOFTWARE SERVICES INCLUDED
A.s Services Included. Subiect to the terms and conditions of this Agreement and Subscriber's compliances
therewith, Harris will provide to Subscriber the services described belows
i.s System Conf zuration Baseline and Documentation Update. As part of the initial enrollment processs
for Software FX, Harris may deem it necessary to conduct a system audit of Subscriber's Designateds
System(s) to be covered under this Agreement. If said audit is required, Harris, or its Authorized Dealers
will conduct the audit. This audit will be used to verify Subscriber's first-year Software FX Fee and tos
determine the Software release levels for Licensed Programs contained within Subscriber's Sysj6Aats
the time of enrollment, together with any hardware updates necessary to accommodate Software
Updates.
ii.a Installation Phone Support. a Subscriber's Software FX subscription shall include telephone support bya
Harris' Technical Assistance Center (TAC) personnel with respect to theinstallation of Softwarea
Updates. Such support will be available during Harris' normal business hours (8:00 a.m. to 5:00 p.m.a
Eastern Standard Time Monday through Friday, excluding holidays) and for a period of ninety (90)a
days from the date the Software Update is released to Subscriber. After-hours emergency support willa
be available through Harris optional System Maintenance services at prices then in effect, provided thata
Subscriber is in compliance with the terms of this Agreements
iii.aUparade PlanningaIf Subscriber is in compliance with the terms of this Agreement and its Designateda
System is classified as an Enterprise Configuration, Harris or its Authorized Dealer shall provide ana
annual consultation service to review Harris' planned Software releases and evaluate the operationala
and financial impact such releases may have on Subscriber's Designated System. If Subscriber is ina
compliance with the terms of this Agreement and its • Designated System is classified below ana
Enterprise Configuration, upgrade planning is not included within the terms of this Agreement but cana
be obtained from Harris at the rates then in effect for such service.a
iv.a On -Site Services.a Initial Installation Services are optionally available, outside of this Agreement,
through Harris or its Authorized Dealer provided that Subscriber is in compliance with the terms of thisa
Agreement.a
v.a Tech -Link. Tech -Link is the restricted access, technical information section of Harris's web site. Harrisa
will provide FX subscribers access, via user ID and password authorization, to FX and SUMS releasea
documentation and downloadable distribution media. Harris will also provide additional authorizationa
to allow subscribers to view PVA, IAVA, and STIG assessment recommendations described in Sectiona
.4.B.a.a
7. SOFTWARE SERVICES NOT INCLUDED
Services Not Included. The following services/products are not included within the terms of this Agreement:a
i.a Hardware Up ades. In the occasional event that a Software Update released requires a correspondinga
hardware change, Subscriber will need to purchase separately the compatible hardware required. Harrisa
will endeavor to notify Subscriber in advance via the system level release documentation or, ifa
applicable, via Software FX's upgrade planning service of any hardware changes needed in order toa
implement a Software Update. No such notice will be given for Third Party Software Updates ora
Excluded Products, and no hardware upgrade may be available.a
ii.a Software Update Installation. Installation of Software Updates for terminal products, Software Updatesa
for infrastructure, and Security Updates by Harris are not included, but such installations may bea
obtained from Harris or its Authorized Dealer at the rates then in effect for such service, provided thata
Subscriber is in compliance with the terms of this Agreement.
iii.a Optional Support Services. Other Software support services Subscriber may require, including, but nota
limited to, training, customised software programming or troubleshooting through Harris's Technicala
Assistance Center are outside the scope of this Agreement but may be obtainable through othera
programs offered by Harris.a
8. SOFTWARE DISTRIBUTION AND INSTALLATION
All Software Updates shall be provided to Subscriber's contact designated in Exhibit A. In addition, each shipmenta
of Software Updates shall contain at least one set of Software release notes detailing the contents of the Softwarea
Update and providing installation instructions
In the event any Software :media contained within Subscriber's Designated System incurs damage, whether froma
acts of Nature or human error, Han -is shall provide replacements for such Software to Subscriber at no additional
charge, subject to the terms and conditions of this Agreement.a 199
�F4RRIS@)
9. CONDITIONS FOR SERVICE
A.a Enrollment Deadline.a Subscriber agrees to enroll in Software FX no later than sixty (60) days after thea
earlier of. (i) the first expiration date of the warranty provided by Harris for any component of Subscriber'sa
Designated System, or (ii) the first expiration date of the warranty provided by Harris for any of thea
Software within Subscriber's Designated System. If either such warranty already has expired whena
Subscriber is first offered the Software FX Program, Subscriber will be given a 60 -day grace period ina
which to enroll in Software FX. A Subscriber meeting the enrollment deadline will receive, at no additionala
charge as described in Sections 3.A.i. and 4.AJ of this Agreement; the Software Updates needed to bringa
its Designated System up to Harris's Current Software Release Levels to the extent the Designated Systema
hardware is compatible with such Software Updates.a
B.a Subscriber Contact.aHarris requests that Subscriber identify its Subscriber Contact in Exhibit A. Subscribera
shall designate a person with sufficient technical expertise to be able to interact knowledgeably witha
Harris's technical support personnel. To the maximum extent practicable, Subscriber's communicationsa
with Harris (with regard to the Software Updates provided under this Agreement) should be through thea
Subscriber Contact.a
C.a Installation.aSubscriber agrees to properly install the Software Updates provided by Harris in order ofa
receipt from Harris. Subscriber understands that Software support provided by Harris is limited to Harris'sa
Current and current minus 1 Software Release Levels of Licensed Programs for the Designated Systema
Da Media Labeling. Subscriber agrees that if it makes copies of any Software Update supplied by Harris, fora
backup purposes, Subscriber will reproduce any copyright notice and/or proprietary notice appearing ona
and/or in such Update and will label all copies with all information, including part numbers and revisiona
levels, provided on the set of media provided by Harris. Nothing herein grants Subscriber any right toa
sublicense any Software or to distribute copies to any other person, and such sublicensing and distributiona
is expressly prohibited.a
E.a No Modification of Software.a Subscriber agrees not to modify, enhance or otherwise alter any Softwarea
unless specifically authorized in the user documentation provided by Harris with such Software Update ora
unless the prior written consent of Harris is obtained. Under no circumstance shall Subscriber create ora
permit the creation of any derivative work from any Software or the reverse engineering or replication ofa
any Software.a
F.a Harris' obligations under this Agreement are conditional upon Subscriber's compliance with the terms ofa
this Agreement and any Contract then in effect between Harris and Subscriber.a
Ga Delegation of Authority. The Subscriber hereby delegates, grants, and assigns to Harris, acting as thea
Subscriber's agent or to a person or entity authorized by Harris, all approval rights relating to the selectiona
of Vendor Patches. All approvals given to third -party vendors by Harris acting as the subscriber's agenta
under the terms of this AGREEMFNT shall be deemed as being granted by the Subscriber.a
10. FEES, TERMS OF PAYMENT & TAXES
A.a SOFTWARE FX Fee.a Subscriber agrees to pay Harris or its Authorized Dealer an annual Software FXa
Fee, in the amount set forth in Exhibit A to this Agreement, plus taxes pursuant to Subsection D below, fora
Software FX services provided during the term as defined in Exhibit A. Subsequent years' Software FXa
Fees, beyond Subscriber's first-year fee specified in Exhibit A, may or may not remain at the same rates.a
Any significant changes made to Subscriber's Designated System(s) configuration will be reflected in thea
following year's Software FX Fee. If Harris's rates for Software FX should increase, Subscriber will bea
notified in writing of any such increases at least one hundred twenty (120) days prior to the end ofa
Subscriber's yearly Software FX period then in effect.a
B.a Other Charges.a Subscriber understands that if it chooses to delay its enrollment in Software FX beyond thea
deadline described in Section 9.A. of this Agreement, Subscriber will need to license, at the applicable feesa
200
�fARR/S@
then in effect, the initial Software Updates needed to bring its System up to Harris's Current Softwares
Release Levels, as well as any hardware which may be required to accommodate such Updates.
C.s Due Date. Subscriber's first-year Software FX Fee will be invoiced upon receipt of this Agreement signeds
by Subscriber. Payment will be due thirty (30) days from the date of the invoice. Subscriber's subsequents
years' Software FX Fees will be. automatically invoiced sixty (60) days prior to the commencement of then
subsequent year's term. Payment of all amounts due is a condition precedent to Harris providing any futures
Software Updates .or other services.s
D.s Taxes. In addition to all fees specified herein, Subscriber shall pay the gross amount of any present ors
future sales, use, excise, value-added, or other similar tax applicable to the price, sale or delivery of anys
products or services furnished hereunder or to their use by Subscriber, unless Subscriber shall otherwises
furnish Harris with a tax -exemption certificate acceptable to the applicable taxing authorities.s
Es Discontinuance. Subscriber understands that if Subscriber discontinues and then subsequently resumess
participation in the Software FX Program, Subscriber will be required to pay a re-entry fee for any benefitss
provided to Subscriber upon re-entry to the Software FX Program plus the Software FX Fee for the terms
then commencing.s
11. TERM & TERMINATION
A.s Software FX services will be provided by Harris to Subscriber for an initial one-year term, as defined ins
Exhibit A to this Agreement, and thereafter on a year-to-year basis as provided herein, subject to priors
payment in full of all outstanding fees and charges at the time of renewal and compliance with the provisions
of this Agreement.s
Bs Provided Subscriber is then in full compliance with all of its obligations, Subscriber's Software FXs
enrollment shall be automatically renewed on a succeeding yearly basis thereafter unless either partys
notifies the other in writing, at least ninety (90) days prior to the end of the yearly period then in effect, thats
this Agreement will not be renewed.s
C.s Harris shall have the right to suspend or terminate this Agreement upon thirty (3 0) days' prior written notices
if Subscriber fails to pay any fees or charges due hereunder or if Subscriber commits any other breach ofs
this Agreement or commits any breach of any applicable Software license Agreement for any Licenseds
Program being supported under this Agreement, any contract between Subscriber and Harris or any others
obligation of Subscriber to Harris or any of its affiliates.s
D.s Harris shall have the right to discontinue providing Software FX services (including Updates) for anys
Licensed Program supported under this Agreement. Software Updates may be discontinued at any time ats
Harris's discretion. Other services shall not be discontinued without at least ninety (90) days' prior writtens
notice by Harris to Subscriber. Notwithstanding any other provision of this Agreement, as Subscriber's soles
and exclusive remedy Harris will provide a pro -rata refund of Subscriber's annual Software FX Fee if Harriss
elects to discontinue providing Software FX services for any Licensed Program supported under thiss
Agreement.s
Except as provided in Section 11.D. above, under no circumstances (including any termination of thiss
Agreement) shall any fees paid pursuant to this Agreement be refundable once paid by Subscriber.s
12. LIMITATION OF LIABILITY
EXCEPT FOR PERSONAL INJURY OR DEATH, HARRIS' TOTAL LIABILITY ARISING FROM THIS
AC'TREEMF,NT WILL BE LIMITED TO THE AGGREGATE AMOUNT OF SOFTWARE FX FEES PAID TOs
HARRIS UNDER THIS AGREEMENT.
13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia,s
excluding its rules pertaining to conflict of laws. Subscriber consents to the personal jurisdiction of the state ands
federal courts in the Commonwealth :of Virginia. By entering_ into this Agreement, Harris and SubscriberZl�,e ebys
expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of
this Agreement.
14. NOTICES
All notices required or permitted hereunder shall be in writing and shall be deemed validly given upon being hand
delivered, or upon receipt if. sent by facsimile, e-mail or if mailed by certified mail, ret un receipt requested, to
Subscriber at the address set forth in Exhibit A or to Harris Corporation at 221 Jefferson Ridge Parkway, Lynchburg,
VA. 24501, Attention: Software Services Group, or to such other address as either party may designate to the other
in writing.
15. ENTIRE AGREEMENT, EXECUTION AND MODIFICATION
AxThis Agreement contains the entire and only Agreement between the parties concerning the subject mattere
hereof, and all prior representations and understandings in connection with the subject matter hereof aree
superseded. and merged herein, and, any representation or understanding not incorporated herein shall not bee
binding upon either party.e
B.e This Agreement shall not become effective until signed on behalf of Harris by one of its officers or by ane
executive duly authorized by Harris's Vice President. No change, modification, ratification, rescission, ore
waiver of this Agreement or any of the provisions hereof shall be binding upon Harris unless made in writinge
and signed on its behalf in like mannene
C.e HARRIS DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION WITH THEe
SOFTWARE OR SERVICES OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT,e
AND DOES NOT AUTHORIZE ANY PERSON (INCLUDING HARRIS'S RCE'S ORe
SUBCONTRACTORS .OR SUPPLIERS) TO ASSUME FOR HARRIS ANY OTHER OBLIGATIONS ORe
.LIABILITIES.e
[Signature Page Follows]
202
�F4RRIS
IN WITNESS WHEREOF, and intending to be legally bound, the parties hereto have caused this Agreement to
be .executed by their duly authorized officers or representatives.
HARRIS:
HARRIS CORPORATION
COMMUNIC TION SYSTEMS SEGMENT
By: n
SUBSCRIBER:
INDIAN RIVER COUNTY, FL.
Name: Harriet Jefferson Name:
Title: Senior Specialist, Contracts Title:
Date: August 17, 2018 Date:
203
RR/S0
EXT -MIT A
DESIGNATED SYSTEM
1. Term ofSofrivareFXAgreetnent.
The services, as described in the Software FX Agreement to which this Exhibit A is attached, will bee
provided for the initial period beginning and:ending
and will be automatically renewed for one-year periods thereafter pursuant to Section 1 I of the Agreement.
2. Designated System Fees.
The Designated System(s)for which the Software FX Agreement will apply. is (are):
Systeme
Namee
System
Classification
FXe
Optione
FXe
Feee
Indian Rivere
County, FL
P25 — SR10
MASS-BSN6Je
$95,000.00
Subscriber's subsequent years' Software FX Fees will be determined in accordance with Section l O.A. of the
Agreement.
3.e All Notices and Software Updates under this Software FX Agreement are to be provided by Harris toe
Subscriber under this Agreement are to be sent to:e
Contact's Narne:e
Company Name:e
Title:e
Address:
(Do not use P.O. Boxes)e
Telephone:e
Email Address:
Maria Restoe
Indian River Countye
Emergency Managemente
4225 431 Avenue
Vero Beach, FL 32967e
204
COMMUNICATIONS
INTERNATIONAL
An Employee Owned Company
Software FX Agreement
ORIGINAL
L3Harris Software FX Services 1 year renewal October 1, 2020 through: September 30, 2021.
This letter authorizes the extension of the L3Harris Software FX Services for the County owned P25 Radio
System. Customer to purchase Software Services at the manufacturer's current list price. Labor for
installation of the software is included in the annual maintenance contract.
AUTHORIZED SIGNATURE
IN WITNESS HEREOF, Communications International, Inc. and the Indian River County Board of County
Commissioners have caused this Agreement to be signed as of the Effective Date set forth above.
COMMUNICATIONS INTERNATIONAL, INC.
By:
�d
Name: -Z� m P S yn. e'p
Title: VP cl
INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS
Name:
Title:
205
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: December 22, 2020
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Through: Jennifer Hyde, Purchasing Manager
Prepared By: Terry Southard, Operations Manager, Utility Services
Rich Meckes, Wastewater Superintendent
Subject: Sole Source for Aqua Aerobic Systems Inc.
Background/Analysis:
In 1999, the Indian River County Department of Utility Services (IRCDUS) installed and started
operations of the Aqua Aerobic Systems Equipment Traveling Bridge Filters #1. and #2 located at the
South Regional Wastewater Facility. The filters are designed to polish the treated effluent from the
clarifiers and produce a cleaner effluent for further treatment and eventual discharge to the reuse
system. This vital process equipment is required to ensure that the facility is in compliance with the
Florida Department of Environmental Protection (FDEP) treatment requirements as well as the health
and safety of our environment.
Over the last 21+ years, the equipment received routine maintenance, but the equipment is now in
need of refurbishment. The refurbishment will consist of internal porous plates, underwater
components, launders, filter media, backwash shoes, wash water backwash, skimmer pumps and a new
drive train on the existing bridges. This work has a one-year warranty period from the date of
completion and will extend the useful life of these units.
Aqua Aerobic Systems Inc. is the sole source factory authorized maintainer/installer for service and
repair for Aqua Aerobic Systems Equipment Traveling Bridge Filters #1 and #2. Aqua Aerobic Systems
has provided Service Proposal #159824 for a cost of $453,776.00.
On December 1, 2020, Envirosales of Florida was approved by the Indian River County Board of County
Commissioners (BCC) as the exclusive sole source representative for Aqua Aerobic parts and equipment.
Envirosales is not the: sole source for service maintenance or installation of Aqua Aerobic Systems
equipment, thus this agenda seeks BCC approval for the installation services.
The project as described above is the complete and total rehabilitation of the Aqua Automatic
Backwash Filter (AquaABF) system. Aqua Aerobic Systems Inc. is the sole source original equipment
manufacturer and authorized maintainer/installer of the AquaABF equipment.
206
Funding:.
Funds for this project are available in the Utilities Wastewater Treatment Renewal and Replacement
(R&R) budget in the Utilities Operating. Fund. Utilities operating funds are generated from water and
sewer sales.
Description
Account Number
Amount
South WWTF Filters #1 & #2
47121836-044699-21505
$453,776.00
Recommendation:
Staff recommends that the Board of County Commissioners approve Aqua Aerobic Systems Inc. as the sole
source for Aqua Aerobic Systems equipment and factory authorized service and repair, and waive the
requirement for bids for this and any other Aqua Aerobic Systems equipment services, and authorize the
Purchasing Division to issue a purchase order to Aqua Aerobic Systems Inc. for $453,776.00.
Attachments:
1. Aqua Aerobic Systems Inc. Service Proposal #159824
2. Sole Source Letter, Aqua Aerobic Systems Inc. Equipment
207
AQUA -AEROBIC SYSTEMS, INC.
A Metawater Company
Proposal#: 159824
TO: Indian River County PROJECT: INDIAN RIVER CTY SOUTH WWTP FL
ATN: Richard Meckes PROPOSAL DATE: December 8, 2020
CC: EnviroSales of Florida, Inc. / ph#: 941/343-9244 / fx#: 941/343-9245
Chuck Hlavach
The following Notes apply to Aqua -Aerobic Systems' proposal:
- We are pleased to quote, for acceptance within 90 days of this date, prices and terms on goods listed below.
- Equipment will be furnished by Aqua -Aerobic Systems, Inc. with unloading of goods, and civil work (if required) by
the Buyer.
- The proposal is based on the rebuild of two 16'x 50' traveling bridge filters, with 12" wide cells and a media depth of
11 ". Customer to confirm dimensions.
- Aqua Aerobic Systems shall retain the services of a contractor to perform the following:
TURNKEY TEARDOWN:
A. The contractor shall remove the media above and below the porous plates. Note that the existing media would
be disposed of at the jobsite. If the media needs to be disposed of at a landfill, then additional costs would apply.
B. Contractor will remove all % - 20 hardware, angles, rods, and old porous plates. After removal all cells and
ledges will be cleaned, inspected, and prepared for the new porous plates.
C. The washwater, skimmer and backwash pumps shall be removed.
D. The existing drive train including wheels, shafts, bearings, drive: motor and gearbox shall be removed.
E. The existing backwash shoe and tensioning assembly shall be removed.
F. The existing wear strip shall be removed.
TURNKEY INSTALLATION:
a. The new porous plates, angles, spacer rods, sealant, and hardware will be installed.
b. While caulking is curing, a light test will be performed to assure the plates are installed properly for the plant.
c. The new filter media shall be installed via pneumatic truck delivery.
d. New backwash shoes and tensioning assemblies shall be installed.
e. The washwater, skimmer and backwash pumps shall be replaced, and wired in by a certified electrician.
f. A new backwash wear strip shall be installed in the effluent channel.
g. A new drive train, including wheels, shafts, bearings, drive motor and gearbox will be installed on the existing
bridge.
h. Aqua -Aerobic Systems will mechancially start up the filter, after the rebuild has been completed.
NOTES:
The Contractor shall provide for the following:
1. Offloading of equipment shipments.
2. Storage of the equipment shipments in a dry location, prior to installation.
3. A dumpster and disposal of waste generated during the filter rebuild process.
The Customer shall provide for the following:
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Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 1 of 5
PROPOSAL DATE: December 8, 2020 Proposal#: 159824 AQUA -AEROBIC
SYSTEMS, INC.
® A AM1eW-x Company
1. The ability to prevent flow from entering into the filter during the rebuild process.
2. Electrical service at 120 volt, 20 amp.
3. Access to the site from 7 AM to 7 PM.
- Note that price does not include delays beyond contractor control.. Price is for non-union labor.
2 ABF Bridge Drive Assembly(ies) consisting of:
- Turned, ground and polished drive shaft(s) wrapped in PVC tape.
Filter bridge wheel(s) with key way.
- Shaft stop collar(s).
- Drive gear reducer(s).
- Drive motor(s).
—Self aligning flanged bearing(s).
- Grease fitting(s).
- Gearbox mounting bracket(s).
2 ABF Bridge Idler Assembly(ies) consisting of:
- Turned, ground and polished idler shaft(s) wrapped in PVC tape.
- Filter bridge wheel(s) without key way.
- Shaft stop collar(s).
- Self aligning flanged bearing(s).
—.Grease fitting(s).
2 Underdrain Installation Component(s) consisting of:
- Ceramically bonded alumina porous plate(s).
- Tube(s) of sealant.
- Retaining angle(s).
- Polypropylene wear strip(s).
- Insert anchor(s).
- High grade silica sand approximately 11 inches deep, complying with sections 1, 2.2 and 5 of the standard
specifications for the filtering material (AWWA Designation 8100-89). The 10% size or effective size shall be
between .55 and .65 millimeters. The uniformity coefficient (ratio of 60% size to 10% size) shall not exceed 1.50.
- Pneumatic caulking gun.
2 Backwash Shoe Assembly(ies) consisting of:
- Polypropylene backwash shoe(s).
- 304 stainless steel center plate(s).
- PVC backing plate(s)-
- PVC piping and fitting(s).
2 Backwash Shoe Tensioning Assembly Component(s) consisting of:
- Backwash shoe tensioning bracket(s).
- Backwash shoe compression spring(s).
- Tensioning rod (s).
1 Lot of Replacement Backwash, Washwater and Skimmer Pumps shall be provided consisting of:
- Submersible pump(s) with 5 HP, 3 ph motors.
- Submersible pump(s) with 1/2 HP, 3 ph motor.
- Pump mounting plate(s).
Engineering
2 Set(s) Documentation will be provided as described:
- Operation & Maintenance Manuals (English language).
Supervison/Freight Domestic
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Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 2 of 5
PROPOSAL DATE: December 8, 2020 Proposal#: 159824 AC+UA-AEROBIC
SYSTEMS, INC.
® AMeta ter Company
1 Installation Services and Freight Package(s) will be provided as follows:
- Installation of the equipment in this proposal is included.
- FREIGHT TO JOBSITE
The Following Notes apply to Aqua -Aerobic Systems'- Proposal:
- We expect record set drawings to be completed and in transit to you approximately 4-6* weeks after receipt of order
with acceptable terms and conditions and guarantee of payment. We expect shipment of equipment (transit time
excluded) will be approximately 12-14* weeks from transmittal of record set drawings and release for manufacture.
Any changes to the record set drawings may result in price adder(s). *Schedules may be adjusted at time of order
placement, depending upon existing order backlog. Weeks quoted are actual working weeks.
- F.O.B. ORIGIN; TITLE AND RISK OF LOSS: All prices and all shipments of goods are F.O.B. Aqua -Aerobic
Systems, Inc.'s plant at Loves Park, Illinois. Delivery of the goods sold hereunder to the carrier shall be deemed
delivery to the Buyer, and upon such delivery, title to such goods and risk of loss or damage shall be upon Buyer.
- TAXES: State and/or local taxes are not included in the price but will be charged unless we receive a valid sales
exemption certificate, direct pay permit, or other documentation required specifically by the taxing entity prior to
shipment.
- PAYMENT TERMS: Subject to credit approval and guarantee of payment, payment of 75% of the purchase price
Net 30 days from date of each shipment; and 25% at completion of the installation, no retainage allowed.
- Any equipment not mentioned in this proposal as being replaced shall be reused. The following equipment shall be
reused and not replaced:
Cell dividers
Bridge weldment
Backwash arm
Backwash piping
Washwater hood
Washwater piping
Skimmer system
Wall spray system
Washwater troughs
Rails
Festoon system
Controls
Level sensors
GOODS QUOTED ABOVE WILL BE SOLD SUBJECT ONLY TO THE TERMS AND CONDITIONS OF SALE SET
FORTH HEREIN. ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY OBJECTED TO.
Total Price: $453,776.00
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Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 3 of 5
PROPOSAL DATE: December 8, 2020 Proposal#: 159824 AQUA -AEROBIC
SYSTEMS, INC.
V.
AMetaw ter Company
TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS,INC. (A Metawater Company)
Page 1 of 2
This offer and all of the goods and sale sof Aqua -Aerobic Systems, Inc. are subject only to the following terms and conditions. The acceptance of any
order resulting from this proposal isbasedon the express condition that the Buyer agrees to all the terms a nd conditions herein contained. Any terms
and conditions in any order, which are in addition to or inconsistent with the following, shall not be binding upon Aqua -Aerobic Systems, Inc. This
proposal and any contract resulting therefrom, shall be governed by and construed in accordance with the laws of the State of Illinois, with outregard
to conflicts of laws principles.
PAYMENT
Unless specifically stated otherwise, quoted terms are Net 30 Days from shipping date. Past -due charges are 1.5% per month and will apply only on
any past -due balance. Aqua -Aerobic Systems, Inc. does not allow retainage of any invoice amount, unless authorized in writing by an authorized
representative of ourLoves Park, Illinois office.
DURATION OF QUOTATION
This proposal of Aqua -Aerobic Systems, Inc. shall in no event be effective more than 30 days from date thereof, unless specifically stated otherwise,
and is subject to change at anytime prior to acceptance.
SHIPMENT
Shipping dates are not a guarantee of a particular day of shipment and are approximate, being based upon present production information, and are
subject to change per the production schedules existing at time ofreceipt of purchase order. Aqua -Aerobic Systems, Inc. shall not be responsible for
any delay in shipment for causes beyond its control including, but not limited to, war, riots, strikes, labor trouble causing interruption of work, fires,
other casualties, transportation delays, modific ation of order, any act of governmental author itie s o r a cts of Go d. Quoted shipment dates in th is
proposal are approximate dates goods will be shipped and, unless agreed to in writing by Aqua -Aerobic Systems, Inc, Buyer may notpost pone or
delay the dates of shipment of goods from our plant or from our supplier's plants beyond the dates set forth in this proposal .
TITLE AND RISK OF LOSS
All prices andall shipments ofgoods are F.0 B. Aqua -Aerobic Systems,Inc.is plant at Loves Park, Illinois unless specifically statedotherwise.
Delivery of the goods sold hereunder to the carrier shall be deemed delivery to the Buyer, and upon such delivery, title to such goods and risk of loss
or damage shall be upon Buyer.
TAX ES
Prices quoted do not include any taxes, customs duties, or import fees. Buyer shall pay any and all use, sales, priv ilege or other tax or cust omsduties
or import fees levied by any governmental authority with re spe ct to the sale or transportation of any goods covered hereby. I fA qua -Aerobic Systems,
Inc. is required by any taxing authority to collector to pay any suchtax, duty or fee, the Buyer shall be separately billed at such time for the amounts
Aqua -Aerobic Systems, Inc. is require dto pay.
INSURANCE
Unless the goods are sold on a CIF basis, the Buyer shall provide marine insurance for all risks, including war and general coverage
SECURITY
Ifatanytime Ih e financial responsibility of the Buyer becomes unsatisfactory to Aqua -Aerobic Systems, Inc., or Aqua -Aerobic Systems, Inc.
otherwise deems itself insecure as to receipt of full payment of the purchase price from Buyer hereunder, Aqua -Aerobic Systems, Inc. reserves the
rightto require payment in advance or security or guarantee satisfactory to Aqua -Aerobic Systems, Inc. of payment in full of the purchase price.
LIMITATION OF ACTION
No action shallbe brought against Aqua -Aerobic Syslems,Inc. for anybreach ofits contract of sale more than two yearsafter the accrualof the cause
of action thereof, and, in no event, unle ss the Buyer shall fust have given writte n notic e to Aqua -Aerobic Systems, Inc , o f any claim of bre ach o f
contract within 30 days after the discovery thereof.
CANCELLATION CLAUSE
No acceptance of this p roposa 1, by purchase order or o th er wise, may be modified except by written consent of Aqua -Aerobic Systems, Inc. nor may it
becanccIle dexceptbypriorpaymenttoAqua- Aerob ic Sy ste ms, In c. the following sums asliquidateddamagestherefor e:I)Ifcanc ellatic) nisprior to
c ommenc e me nt of pro duction and prior to the assumption of any o bligation s by Aqua -Aerobic Systems, Inc. for any materials or component parts, a
sum equal to 15% of the total purchase price; 2) If cancellation is after the commerice mentofproduction or after the assumption of any obligations by
Aqua -Aerobic Systems, Inc. for any materials or component parts, a sum equal to the total of the direct, out -o f -p ocke t e xpe uses incurred to the date of
c anc ellalion for labo r, machine time, mate rials a nd any ch arges made to us by suppliers for c anc a Ration, plus 30% of the total purchase p rice. All
charges andexpenses shallbe as dete rm ine d b y A qu& Ae rob ic Systems, Inc. In the event any items are use dbyAqua-Ac rob ic Systems, Inc. to fill a
subsequent order, then upon receiptofpayment forsuch order, Aqua -Aerobic Systems, Inc. shall pay the Buyer asumequalto the direct out-of-
pocketexpenses previously charged andreceived from Buyer.
PROPRIETARY INFORMATION
This proposal, including all descriptive data, drawings, material, information and know-how disclosed by Aqua -Aerobic Systems, Inc. to Buyer in
relation hereto is confidential information intended solely for the confidential use ofBuyer, shall remain the property of A qua -Aerobic Systems, Inc.
and shallnotbe d isclose d or otherwise usedto the disadvantage ordetrimentof Aqua -Aerobic Systems,Inc. inany manner.
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Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 4 of 5
PROPOSAL DATE: December 8, 2020 Proposal#: 159824 AQUA -AEROBIC
SYSTEMS, INC.
V. A Metamter Company
TERMS AND CONDITIONS OF AQUA -AEROBIC SYSTEMS,INC. (A Metawater Company)
Page 2 of 2
QUALIFIED ACCEPTANCE AND INDEMNITY
In the event the acceptance of this proposal by Buyer either is contingent upon or subject to the approval by any third party such as, but not limited to,
a consulting engineer, with respect to g oods, parts, materials, descriptive data, drawings, calculations, or any other matter, then upon such approval by
any thirdp arty, Aqua -Aerobic Systems, Inc. shall have no liability to Buyer or to any third party so long as the goods sold anddelivered by Aqua -
Aerobic Systems, Inc. conform to this proposal. In the eventany such third party requires modifications in the proposal prior to the approval thereof,
Aqua -Aerobic Systems, Inc. may at its sole option and witho ut liab ility to any partyelectto cancel th is proposal or return the purchase order to Buyer.
In the eventA qua-Aerob ic Systems, Inc. elects to modify this proposal In conform to the requirements for approval by any third party, Aqua -Aerobic
Systems, Inc. in such event shall have no liability to Buyer or to any thirdparty so long as the goods sold and delivered by Aqua -Aerobic Systems,
Inc. conform to this proposal as modified.
Buyer agree s to inde mmfy an d save ha mile ss A qua-Ae robic Syste ms, Inc. from an d again st all co sts and exp ense s and liability of any kind
whatsoever arising out of or in connection with claims by third p artie s so long as the goods sold hereunder conform to there quire ments of this
proposal as approved by any thir d p arty.
WARRANTY; LIMITATION OF LIABILITY; AND DISCLAIMER
In return for purchase and full payment for Aqua -Aerobic Systems, Inc. goods, we warrant new goods provided by us to be free from defects in
materials and workmanship under normal conditions and use for a period of one year fromthe date the goodsare putinto service,or eighteen months
from date of shipment (whichever first occurs). Ifthe goods include an "Endura Series" motor,the complete Endura Series unitshallbe warranted by
Aqua -Aerobic to be free from defects in materials and workmanship under normal conditions anduse for three years fromthe date the productis put
into service or 42months from the date of shipment (whichever occursfirst).
OUR OBLIGATION UNDER THIS WARRANTY ISE XPRESSLY AND EXCLUSIVELY LIMITED to replacing or repairing (at our factory
at Loves Park, Illinois) anypart or parts returnedto our factory with transportation charges prepaid, and which our examination shall show to have
been defective. Prior to return of any goods or its parts to our factory, Buyer shall notify Aqua -Aerobic Systems, Inc. of claimed defect, and Aqua -
Aerobic Systems, Inc. shall have the privilege of examining the good s a t Buye r's p lac e of business ator where the goods have otherwise been placed
in service. In the eventthis examination discloses nodefect, Buyer shallh ave no authority toretum the goods or parts to our factory for the further
e xamination or repair. All goods or parts shall be re tame dto Buyer, F.O.B. Loves Park Illinois. This warranty shall not apply to any goods or part
which has been repairedor altered outside our factory, or applied, operatedor installed contrary to our instruction, or subjected to misuse, chemical
attack/degradation,negligence or accident.This warranty and any warranty and guaranty of processor performance shall no longer be applicable or
valid if any product, including any software program, supplie d by Aqua -Aerobic Systems, Inc., is modified or altered without the written approval of
Aqua -Aerobic Systems, Inc. Our warranty on accessories and component parts not manufactured by us is expressly limited to that of the manufacturer
thereof.
THE FOREGOING WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF
ALL OTHER LIABILITIES AND OBLIGATIONS ON OUR PART, INCLUDING ANY LIABILITY FOR NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE; AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE IS EXPRESSLY DISCLAIMED; AND WE EXPRESSLY DENY THE RIGHT OF ANY
OTHER PERSON TO INCUR OR ASSUME FOR US ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF
ANY GOODS PROVIDED BY US. THERE ARE NO WARRANTIES OR GUARANTEES OF PERFORMANCE UNLESS
SPECIFICALLY STATED OTHERWISE.
UNDER NO CIRCUMSTANCES, INCLUDING ANY CLAIM OF NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
SHALL AQUA -AEROBIC SYSTEMS,INC. BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
COSTS OF CONNECTING, DISCONNECTING, OR ANY LOSS OR DAMAGE RESULTING FROM A DEFECT IN THE
GOODS. LIMIT OFLIABILITY: AQUA -AEROBIC SYSTEMS, INC.'S TOTAL LIABILITY UNDER THE ABOVE
WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PART. THE REMEDIES SET
FORTHHEREIN ARE EXCLUSIVE, AND OUR LIABILITY WITH RESPECT TO ANY CONTRACT OR SALE, OR
ANYTHING DONE IN CONNEC TION THEREWITH, WHETHER IN CONTRACT, IN TORT, UNDER ANY
WARRANTY, OR OTHERWISE, SHALL NOT, IN ANY CASE, EXCEED THE PRICE OF THE GOODS UPON WHICH
SUCH LIABILITY IS BASED.
Final acceptance of this proposal must be given to Aqua -Aerobic Systems, Inc. at thei r office in Loves Paris, Illinois. Please
acknowledge acceptance by signing the proposal and returning it to Aqua -Aerobic Systems, Inc.
Accepted by:
Company:
By: Date:
Offer Respectfully Submitted,
10aa 11W41
Paul Klebs, AfterMarket Sales Manager
Aqua -Aerobic Systems, Inc.
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com 212
Copyright 2020, Aqua -Aerobic Systems, Inc Printed: December 8, 2020 Page 5 of 5
AQUA AEROBIC SYSTEMS, INC.
A Metawater Company
December 18, 2020
Correspondence ID#: AAL -40759
Indian River County South
Attn: Richard Meckes
8405 8th Street
Vero Beach, Florida 32968
USA
Ph# 772/770-5045
Project: INDIAN RIVER CTY SOUTH VWVfP FL
RE: Sole Source Letter - Indian River County South VWVTP
AASI ID# 104724B / Proposal # 159824
Mr. Meckes,
This letter is to confirm the AquaABF installed at the Indian River South facility is a
proprietary designed sole source product, manufactured, sold and distributed
exclusively by the original equipment manufacturer, Aqua -Aerobic Systems, Inc.
Aqua -Aerobic maintains all copyright privileges, and purchase of an AquaABF is
available only from the manufacturer, Aqua -Aerobic Systems, Inc. Aqua -Aerobic
Systems is the only authorized maintainer/installer of the AquaABF equipment at the
Indian River County South WWTP.
Also note that Envirosales of Florida is Aqua -Aerobic Systems'. exclusive
representative for AquaABF parts and equipment utilized by County staff in Indian
River County, FL
If you desire additional information or have any questions regarding this matter,
please do not hesitate to contact me by email at PKlebs@aqua-aerobic.com.
Sincerely,
Paul Klebs
AfterMarket Sales Manager
Aeration & Mixing I Biological Processes I Filtration I Membranes I Oxidation & Disinfection I Process Control I Aftermarket & Customer Service
213
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815.654.2508 www.aqua-aerobic.com
Page 2 of 2
December 18, 2020
CC: File
EnviroSales of Florida, Inc. / ph#: 941/343-9244 / fx#: 941/343-9245
Chuck Hlavach / chuck@envirosalesofflorida.com
Aeration & Mixing I Biological Processes I Filtration I Membranes I Oxidation. & Disinfection I Process Control I Aftermarket & Customer Service
214
6306 N. Alpine Rd. Loves Park, IL 61111-7655 p 815.654.2501 f 815:654.2508 www.aqua-aerobic.com