Loading...
HomeMy WebLinkAbout01/19/2021 (2)11 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 19, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 1.801 27th 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 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.11. INVOCATION Lou Tropf, Chaplain, Indian River County Jail 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of September 22, 2020 6.B. Regular Meeting of October 6, 2020 6.C. Regular Meeting of October 13, 2020 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION January 19, 2021 Page 1 of 5 7.A. Proclamation Honoring Amy Glaser on Her Retirement From Indian River County Board of County Commissioners Department of General Services Parks and Recreation Division with Eighteen Years of Service Attachments: Proclamation 7.B. Proclamation Honoring Eddrick Willis on His Retirement. From Indian River County Board of County Commissioners Department of Public Works Road & Bridge Division with Twenty -Five Years of Service Attachments: Proclamation 7.C. Florida Public Service Commission Consummating Order PSC -2021 -0022 -CO -EI makes Order PSC -2020 -0488 -TRF -EI effective and final Attachments: 21-0149 8. CONSENT AGENDA 8.A. Award of Bid 2021008 for Temporary Staffing Services Attachments: Staff Report Sample Agreement 8.B. Approval of a Public Transportation Grant Agreement (PTCA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block. Grant Attachments: Staff Report Resolution Grant Agreement Budget Form 8.C:: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Attachments: Staff Report Resolution Grant Agreement Budget Form &M Work Order No.:2 Southeastern Surveying. and Mapping Corporation, Indian River Blvd. (Merrill Barber.Bridge to 53rd St.) Topographic Design Survey, IRC -1707 Attachments: Staff Report Work Order No. 2 Exhibit A - Scope of Services 8.E. Declaration of Excess Equipment as Surplus Attachments: Staff Report Excess List for 011921 January 19, 2021 Page 2 of 5 8.F. Miscellaneous Budget Amendment 003 Attachments: Staff Report Exhibit "A" Resolution 8.G. Miscellaneous Budget Amendment 004 Attachments: Staff Report Resolution Exhibit 'A" S.H. Agreement with Creative Solutions Companion Care Services, LLC for Emergency Vaccine Administration Services Attachments: Staff Report Agreement 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River County Sheriff Eric Flowers re: Safety and Security of the Indian River County Sheriffs Office Complex Attachments: Memorandum from Sheriff Flowers 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) - LEGISLATIVE Attachments: Staff Report Excerpt from July 23, 2020 PZC Minutes Excerpt from Draft September 22, 2020 BCC Minutes Excerpt from Draft December 10, 2020 PZC Minutes Proposed Ordinance 10.A.2. Face Covering Ordinance - LEGISLATIVE Attachments: Staff Report Draft Face Covering Ordinance 10.A.3. Miscellaneous Budget Amendment 005 Attachments: Staff Report Resolution Exhibit "A" NOTICE OF PUBLIC HEARING Florida Statute January 19, 2021 Page 3 of 5 B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS. 11.A. Provide Update Regarding COVID-19 Vaccinations 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. FIT Installation of High Frequency Radar (HFR) Antennas at Treasure Shores. Park Attachments: Staff Report License Agreement FIT HFR License Agreement D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 12.11.1. 51st Avenue Water Assessment Project Resolution I and II Attachments: Staff Report Assessment Area Map Resolution I Resolution II Assessment Roll 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 January 19, 2021 Page 4 of 5 A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes Meeting of October 13, 2020 15.B.2. Work Order No. 4 to Andersen Andre Consulting Engineers, Inc. Attachments: Staff Report Work Order No 4 C. Environmental Control Board 1.6. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,. including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 26 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 19, 2021 Page 5 of 5 7A Proclamation HONORING AMY GLASER ON HER RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SER VICES PARKS AND RECREATION DIVISION WHEREAS, Amy Glaser is retiring from Indian River County Parks and Recreation Division effective January 28,2021; and WHEREAS, Amy Glaser began her career with Indian River County Recreation Division on October 14, 2002, as a Full -Time Staff Assistant in which she continued in that capacity until her retirement, and WHEREAS, Amy Glaser has served this County and the Public with distinction and selflessness. During her 18 years of service, she was dedicated and her work was greatly appreciated by the employer, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Amy Glaser's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service Amy Glaser has given to Indian River Countyfor the last 18 years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners "and staff extend heartfelt wishes for success in her future endeavors. Adopted this 19t" day of January, 2021. BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman PROCLAMATION HONORING EDDRICK WILLIS ON HIS RETIREMENT FROM THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS/ROAD & BRIDGE DIVISION WHEREAS, Eddrick Willis retires from the Indian River County Department of Public Works, Road & Bridge Division effective January 29, 2021; and WHEREAS, Eddrick Willis began his career with Indian River County, Road & Bridge Division on November 13, 1995, as a Maintenance Worker V. In March 17, 2000 Eddrick Willis was promoted to a Heavy Equipment Operator within the Road & Bridge Division and continued in this position until his retirement; and WHEREAS, Eddrick Willis has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated! NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Eddrick Willis's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last Twenty-five years. BE IT FURTHER PROCLAIMED that the Board of County Commissioners and.staff extend heartfelt wishes for success in his future endeavors! Adopted this 19' day of January 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 2 riucu '11e// -U/ I DOCUMENT NO. 0052772021 F.PSC - COMMISSION CLERI 7� 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 -2021 -0022 -00 -EI Pow=er & Light Company. ISSUED: January 6, 2021 CONSUMMATING ORDER BY THE COMMISSION: By Order No. PSC -2020 -0488 -TRP -EI, issued December 11, 2020, this Commission proposed to take certain action, subject to a .Petition for Formal Proceeding as provided in Rule 25-22.029, Florida. Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, OR_DI--,RED by the Florida Public Service Commission that Order No. PSC -2020 -0488 - TRF -EI has become effective and final. Itis further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 6th day of January, 2021. ADAM J. EITZ' AN Commission Clerk. Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 wwiv.floridapsc.eom Copies furnished:' A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. 3 ORDER NO. PSC -2021 -0022 -CO -EI DOCKET NO. 202 00227 -EI PAGE. 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida. Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is. available pursuant to Section 120.68, Florida. Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all. requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 4 t-'ILLU 11011U,Z I, DOCUMENT NO. 00527-2021 cbmMI'SSION CLEM BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of a COVID- 19 DOCKET' NO. 20200227 -El small business assistance program, by Florida ORDER NO. PSC -2021 -0022 -CO -El Power & Light Company. - I .... ... ..... ISSUED: January 6, 2021. CONS W),IA—TINGORDER BY 'l] IE COMMISSION : By Order No. PSC -2020 -0488 -TRF -EI, issued December 11, 2020, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been. filed to the order, in regard to the above mentioned docket. It is, therefore, ORDI3RED by the Florida Public Service Commission that Order No. PSC -2020 -0488 - TRF -EI has become effective and final. It is further Ms ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this lith day of Januarv. 2021. ........... ADAM J..-EITZ > AN Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapse.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. M ORDER NO. PSC -2021 -0022 -CO -EI DOCKET NO. 20200227 -El PAGE 2 NOTICE OF FURTHER.PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. Terri Collins -Lister From: Commission Clerk<CommissionClerk@psc.state.fl.us> Sent: Wednesday, January 6, 2021 2:33 PM Subject: [External] FPSC E - service of Document NO. 00527-2021 in Docket 20200227 The document described below has been filed with the Florida Public Service Commission and issued by the Office of Commission Clerk. You are being provided this information electronically, because you are a party of record or an interested person in this docket. NOTICE: E-mail replies from this address are not monitored or read. Shouldyou have any difficulty accessing this document, please forward this e-mail to Clerk@psc. state.jl. us, explaining the problem and a Deputy Clerk will assist you. Please do not alter the subject line, as it is used for processing. DOCUMENT it DESCRIPTION NO. it 00527-2021 --Warning-- Consummating Order PSC -2021 -0022 -CO -EI makes Order PSC -2020 -0488 -TRF -EI effective and final; docket to be closed. This email was sent to you by someone outside of the Clerk's Office. Beware that any lint: or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- gage. �i-3 M41 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 11, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2021008 for Temporary Staffing Services BACKGROUND: Bids were solicited to establish fixed pricing for temporary staffing services to be utilized as needed by various County departments. While not exclusive, award of this bid ensures both predictable pricing and eligibility for reimbursement when utilized for federally -funded activities. These services are separate from the Annual Day Labor agreement solicited on behalf of the Road and Bridge Division, as the requirements of that agreement are much more specialized. The term of this award is through September 30,, 2021, with two one-year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that renewal would be in the best interest of the County. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Replies: October 11, 2020 November 4, 2020 84 Vendors 41 Vendors Fixed hourly pricing was requested for three categories of work anticipated to be needed. Eighteen bids were determined to be non-responsive for failing to provide one or more required items with the bid. The 23 responsive bids are detailed on the following table, with "NB" indicating the firm did not submit a bid for that category of work. 5 Bidder Name Servicing Location Administrative Support - General Administrative Support - Advanced Labor Support Precision Staffing, Inc. DBA AP Recruiters and Associates West Palm Beach $11.00 $12.00 $11.25 Hire Quest Direct Stuart $14.00 $19.50 $12.75 A and Associates West Palm Beach $13.50 $15.25 $13.50 Pacesetter Personnel Services Tampa NB NB $14.44 Manpower Vero Beach $16.63 $18.62 $14.63 Melissa Pappas, dba Athena Consulting Gaithersburg, MD $14.64 $19.52 NB 4 Best Business Corp Fort Pierce $15.60 $16.80 $15.60 Complete Contract Consulting, Inc. DBA J&B Construction Services Riviera Beach $16.20 $20.25 $14.85 Sylvian Analytics, Inc. Boca Raton $20.05 $22.35 $15.12 Waterfield Florida Staffing, LLC DBA Action Labor & Staffing Connection West Palm Beach $19.50 $26.00 $15.50 22nd Century Technologies, Inc. McLean, VA $16.90 $19.50 $15.60 InstantServe, LLC Wayne, PA $20.00 $36.40 $16.50 Cambay Consulting, LLC Katy, TX $23.17 $28.19 $17.49 Compu-Vision Consulting, Inc. North Brunswick, NJ $22.00 $27.00 $19.50 Diskriter, Inc. Pittsburgh, PA $23.28 $31.68 $20.59 Superior Skilled Trades Rockledge $18.76 $23.22 $21.00. Mobile Staff Solutions, Inc. Brandon $21.00 $27.00 $22.00 Technostaff LLC, DBA HonorVet Technologies Fairfield, NJ $18.00 $28.00 $22.30 Cogent Infotech Corporation Pittsburgh, PA $37.80 $47.25 $24.30 Infojini, Inc. Columbia, MD $27.23 $31.56 $25.32 KJ&J, LLC dba Spherion Port St. Lucie $16.51 $21.12 NB Beacon Systems, Inc. Coral Springs $21.00 $27.00 NB IOS Acquisition, LLC New York, NY $22.00 $28.00 NB ANALYSIS: The Human Resources Department has reviewed the bids and has determined Precision Staffing, Inc. DBA AP Recruiters and Associates, Hire Quest Direct, and A and Associates to be the lowest, responsive and responsible bidders. 6 SOURCE OF FUNDS: Annual expenditures for temporary staffing services over the past three years were $8,038 for FY2020; $19,136 for FY2019 and $93,657 in FY2018. Most recently, the Community Development Department has been utilizing temporary staff that would be categorized as Administrative Support -Advanced to assist in CARES assistance application processing. The hourly rate paid for those staff is $19.89, with the average bid rate of the three lowest priced bidders representing 40%, 2% and 23% decreases, for an average 22% decrease. Funding for services under this agreement will vary by using department and funding source. RECOMMENDATION: Staff recommends the Board award Bid 2021008 to Precision Staffing, Inc. DBA AP Recruiters and Associates, Hire Quest Direct, and A and Associates, approve the sample agreement, and authorize the Chairman to execute the agreement after approval by the County Attorney as to form and legal sufficiency. Attachment Sample Agreement 7 Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Temporary Staffing Services ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Temporary Staffing Services Bid Number: 2021008 Project Address: Various facilities throughout the County ARTICLE 3 - CONTRACT TIMES The initial term of this award is from January 19, 2021 through September 30, 2021, with two one-year renewals available. ARTICLE 4 - CONTRACT PRICE 4.01 Work shall be completed at the prices provided in the Contractor's bid, and as modified by amendment to this agreement. 4.02 All services provided by the CONTRACTOR for the OWNER shall be identified in Work Authorization and performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed 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; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 4.03 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the OWNER and the CONTRACTOR by which the OWNER accepts Contractor's proposal for specific services and CONTRACTOR indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the OWNER. 4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the OWNER as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Authorization, and when properly authorized and executed by both the CONTRACTOR and the OWNER shall become an amendment to the Work Authorization or a new Work Authorization, at the sole option of the OWNER. 4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the OWNER, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. ARTICLE 5 - PAYMENT PROCEDURES 5.01 CONTRACTOR shall invoice OWNER weekly for services under each Work Authorization. All payments for services shall be made to the CONTRACTOR by the OWNER in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). Upon a determination of satisfactory completion, the OWNER Project Manager will authorize payment to be made. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the 9 Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 10, inclusive); (2) Work Authorization(s); (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2021008; (5) Addenda (numbers 1 to 2, inclusive); (6) CONTRACTOR'S Bid Form (pages 14 to 16, inclusive); (7) Drug Free Workplace Form (page 17); (8) Affidavit of Compliance (Addendum 2); (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive); (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 20); 10 (11) Certification Regarding Lobbying (page 21); (12) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 11 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO .PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such 12 laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable-to.the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. B. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. C. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed . in whole or in part with Federal assistance provided by FEMA. 13 D. Energy Policy and Conservation Act: The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. E. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C:F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Florida and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended): Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. G. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA - designate items is available at http://www.epa.gov/cpg/products.htm. H. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, State of Florida„ the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. 14 (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo, and Flags: The contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. J. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. K. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. L. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. M. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smallertasks or quantities to permit maximum participation by small and minority businesses, and women's business -enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or 15 (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List orthe Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under, section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba .or Syria, as defined by section 287.135, Florida Statutes. 16 OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. OWNER: INDIAN RIVER COUNTY By:, Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 17 Exhibit 1— Pricing INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director Brian Freeman, AICP; MPO Staff Director FROM: Jon Howard; Senior Transportation Planner DATE: January 13, 2021 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2021. DESCRIPTION & CONDITIONS Each year, Indian River County receives public transportation operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. The FDOT Block Grant funds are combined with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2020/21, $597,199 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $597,199. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $1,194,398 in federal operating assistance through the Section 5307 program ($1,117,042) and the Section 5311 program ($77,356). Every dollar the county invests in transit operating costs brings a return of three additional dollars in combined federal and state transit operating assistance. In this case, the county's investment of $597,199 will result in $1,194,398 in federal and $597,199 in state transit operating assistance (the combined federal/state amount is $1,791,597). 19 ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share of total eligible transit operating expenses. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. In this case, the provision of transit service is consistent with the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. To receive the Block Grant funds, the County must enter into a Public Transportation Grant Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider. The grant agreement covers a three-year period and includes funding for the first year (FY 2020/21). Any unexpended funds in the first year will carry over to the remaining two years of the agreement. FUNDING Through the three years of the grant agreement, funding in the amount of $597,199 will be budgeted and available in the General Fund/Community Transportation Coordinator/SRA account (Account Number 00111041-088230-54001). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form 20 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2020/21 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2020/21 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2020/21 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2020/21 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2020/21 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 21 The Chairperson thereupon declared the resolution duly passed and adopted this 19th day of Januar, 2021. BOARD OF COUNTY CONDUSSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flesher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 19th day of Januar, 2021. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Phil Matson, AICP, Director Community Development Department 22 Financial Project Number(s): (item -segment -phase -sequence) 407190-5-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): . Work Activity Code/Function: Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency DUNS Number: Public Transit Block Grant Program Form 725.000.01 STRATEGIC DEVELOPMENT OGC 02120 DPTO/LF FLAIR Category: 088774 215 Object Code: 751000 Org. Code: 55042010429 Vendor Number: F596000674006 79208989 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency'). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant funding for operating assistance to Indian River Countv BOCC for its urbanized area public transportation, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit 132: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance 23 GRANT AGREEMENT *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2023. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed forwhich costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: 24 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occo2120 a. The estimated total cost of the Project is $1,194,398. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $597,199 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 25 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozno Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 26 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occoz/z0 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 27 GRANT AGREEMENT in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: L Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e._ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 28 GRANT AGREEMENT best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes constructionor the acquisition of commodities then the following provisions are incorporated into this Agreement: 29 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occo2120 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: i. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any. Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the, Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. I. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 30 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occo2no inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR-, Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit cDdot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv: The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https:Hharvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(abdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the. Department by this Agreement. If the Agency fails to have an 31 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT . occozno audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance,. which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. A. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(@dot.state.fl.us State Funded: . a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity' as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 32 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occo2120 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit()dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). IV. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(cDdot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(cDaud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 33 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGcoziso vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 34 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occo2120 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following iridemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and 35 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozrz0 persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad 36 GRANT AGREEMENT shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an 37 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozno updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Steven C. Braun, P.E. Name: Title: _ Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo2/20 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): 1) Refer to Exhibit E and Exhibit F of original JPA/PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the national Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FOOT Procedure 725-030-030 each year, as identified below: Passenger Trips Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available 39 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occozno Operating Expense per Passenger Trip 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FOOT Procedure 725-030-030. were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year 5) Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into http://www2.transcip.com 6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must be provided in the invoice packet provide to the department. The Agency shall upload a copy of invoice to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 40 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozno EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $597,199 $0 Year Travel Number $0 $0 407190-5-84-01 DPTO 088774 2021 751000 55.010 Public Transit Block Grant Funding $597,199 407190-5-84-01 LF 088774 2021 751000 55.010 Public Transit Block Grant Funding $597,199 Total Financial Assistance $1,194,398 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits . $0 $0 $0 $0 Contractual Services $597,199 $597,199 $0 $1,194,398 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $597,199 $597,199 $0 $1,194,398 - Budget category amounts are estimates and can be shitted between items without amendment (because they are -all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature 41 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occoz120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 42 20 of 25 PUBLIC .TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozno . EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, andoperation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Audit. The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue... funds shall not be expended for depreciation or amortization of capital assets ... funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Section 341.052, F.S., have been adhered to. 7. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 8. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of .publication to the Department within twenty eight (28) calendar days of publication. 43 PUBLIC :TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occo2no 9. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pdf. 10. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and .Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 11. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 12. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based.on their percentage of total revenue miles of service provided; 44 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occos120 and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End. of Exhibit E -- 45 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozno EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the.reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExoenditures.pdf. 46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-02 PUBLIC TRANSPORTATIONSTRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCO2120 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award -Amount: $597,199 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https:Happs.fldfs.com/fsaa/searchCatalog.aspx. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: hitps:Hapi)s.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: httr)s:Happs.fldfs.com/fsaa/compliance.asr)x 47 GRANT NAME: Florida Public Transportation Block Grant GRANT #: NA AMOUNT OF GRANT: $597,199 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672 1. How long is the grant for? Three Years Starting Date: January 1, 2021 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3.. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 597,199 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation $597,199 County match alreadbudgeted in general fund Soc. Sec. Medicare Matching 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9, What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over three years? $597,199 Grant Amount Other Matching Costs Match Total First Year $597,199 $ $597,199 (County Match) $1,194,398 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ I $ I $ I $ Fifth Year $ I $ I $ I $ �C INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director Brian Freeman, AICP; MPO Staff Director FROM: Jon Howard; Senior Transportation Planner DATE: January 13, 2021 SUBJECT: Approval of a Public Transportation Grant Agreement (PTEA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2021. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine).and demand -response service (Community Coach). For FY 2020/21, $77,356 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $38,678 from the state Public Transportation Block Grant and $38,678 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment 2). 49 ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand - response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. The grant agreement covers a three-year period and includes funding for the first year (FY 2020/21). Any unexpended funds in the first year will carry over to the remaining two years of the agreement. FUNDING Through the three years of the grant agreement, funding in the amount of $38,678 will be budgeted and available in the General Fund/Community Transportation Coordinator/SRA account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Number 00111041-088230-54001 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form 50 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $77,356 in FY 2020/21 Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 51 The Chairperson thereupon declared the resolution duly passed and adopted this 19th day of Januar, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 19th day of January , 2021. Notary Public APPROVED AS TO LEGAL SUFFICIENCY SEAL: Dylan Reingold, County Attorney APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS Phil Matson, AICP, Director Community Development Department 52 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 02120 Financial Project Number(s): Fund(s): FLAIR Category: 088774 (item -seg ment-ph ase -sequence) 407182-3-84-01 Work Activity Code/Function: 215 Object Code: 780000 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: Vendor Number: F596000674006 Federal Award Date: 20.509 Agency DUNS Number: 79208989 Formula Grants for Rural Areas N/A N/A THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in orovidina 5311 fundina for operatina assistance to Indian River Countv BOC for its non -urbanized area public transportation , as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance 53 GRANT AGREEMENT *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2023. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until_ such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed forwhich costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: 54 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozrz0 The estimated total cost of the Project is $154,712. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $77,356 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 55 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occoziz0 Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 56 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occoz/z0 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 1. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 57 GRANT AGREEMENT in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make GRANT AGREEMENT best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit. Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 59 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGCO2/20 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: I. The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. ii. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. L The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 60 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occosno inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with. the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinaleAudit(ab-dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv.. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https:Hharvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit c(D.dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 61 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozno audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance,. which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a)dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial 62 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occoz@o assistance. awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAuditCa)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (Le., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). IV. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(cDdot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(cDaud.state.fl.us V. Any copies of financial reporting packages, reports, or other informationrequired to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 63 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occosreo vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financialassistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 64 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT OGCO2120 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: L Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and 65 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT Occozrc0 persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad 66 GRANT AGREEMENT shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. Afacsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an 67 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occos120 updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County BOC C STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Steven C. Braun, P.E. Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 68 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo2no EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): providing 5311 funding for operating assistance to Indian River County BOC for its non -urbanized area public transportation B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FUlndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Regular service hours will remain Monday through Friday from 8:00 a.m. through 5:00 p.m., except holidays, for which we provide limited service. Our dispatch operation opens at 4:30 a.m. and closes at 7:00 p.m. or after the last driver is done and has returned to the yard. Our program provides origin to destination (door-to-door) paratransit service to enhance the mobility of residents in the rural areas of our county. The service will provide users various types of trips to include, but not limited to, medical and life-sustaining appointments, their nutritional needs, employment related services and for recreation. D. Deliverable(s): 1) Refer to Exhibit C and Exhibit D of original JPA/PTGA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can segregate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly. Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area. 4) Certification verifying adoption of a System Safety Program Plan. 5) Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food, fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. 69 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo2/20 F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 70 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occo2no EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFAICFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $77,356 $77,356 Year Travel Number $0 $0 407182-3-84-01 DU 088774 2021 780000 20.509 Formula Grants for Rural Areas $77,356 407182-3-84-01 LF 088774 2021 780000 20.509 Formula Grants for Rural Areas $77,356 Total Financial Assistance $154,712 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Frin a Benefits $0 $0 $0 $0 Contractual Services $0 $77,356 $77,356 $154,712 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $77,356 $77,356 $154,712 - t3udget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Paula Scott Department Grant Manager Name Signature Date 71 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occoz120 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 72 20 of 25 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS Occozrz0 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds 73 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCO2no $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.S. 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds.. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-0251), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. 74 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occozno This may include vehicles purchased under the State Transit Block. Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- 75 PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS occozi20 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and. examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: 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 or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may. be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the. reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference :Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 76 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $77,356 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: "Award is for R&D: No *The federal award amount may change with amendments **Research and Development as defined at 2 CFR §200.87 Form 725000-02 STRATEGIC DEVELOPMENT OGC 02/20 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code http://uscode.house.gov/browse.xhtmI Title 49 — Transportation, United States Code http://uscode.house.gov/broWse.xhtmi MAP -21 — Moving Ahead for Progress in the 21St Century, P.L. 112-141 www.dot.gov/map21 Federal Highway Administration — Florida Division www.fhwa.dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) . wWw.fsrs.gov 77 GRANT NAME: Section 5311 (Formula Grant for Rural Areas) GRANT #: N/A AMOUNT OF GRANT: $77,356 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Jon Howard PHONE #: (772) 226-1672 1. How long is the grant for? Three years Starting Date: January 1, 2020 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: 77,356 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $38.678 in County funds already budgeted for public transportation and $38.678 in FDOT grant funds T Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach.a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching Third Year TOTAL 9.. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over three years? $38,678 1W Grant Amount Other Matching Costs Match Total First Year $77.356 $ $38,678 (County Match) & $38,678 (FDOT Match) $154,712 . Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 1W INDIAN RIVER COUNTY, FLORIDA OQ MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard D. Szpyrka, P.E., Public Works Director AND James Ennis, P.E., P.M.P. Assistant Public Works Director FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 2 — Southeastern Surveying and Mapping Corporation Indian River Blvd. (Merrill Barber Bridge to 53rd St.) Topographic Design Survey IRC -1707 DATE: December 30, 2020 DESCRIPTION AND CONDITIONS On October 4, 2016, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1605 with Southeastern Surveying and Mapping Corporation and on October 4, 2020 executed the second of two renewals per the agreement for two years (2020-2022). Work Order No. 2, with Southeastern Surveying and Mapping Corporation, is to perform all related field and office surveying and mapping services in connection with the preparation of a topographic design survey for a portion of Indian River Boulevard. The survey will begin at the Merrill Barber Bridge intersection and extend north to 53rd Street (approximately 3 miles). This project will provide Indian River County Engineering staff with a comprehensive topographic survey to be utilized in the design of roadway improvements. Attached, please find Southeastern Surveying and Mapping Corporation Work Order No. 2 to provide the requested professional surveying and mapping services. Southeastern Surveying and Mapping Corporation has submitted Exhibit A, Scope of Services for a lump sum amount of $59,258.00. FUNDING Funding for this project in the lump sum amount of $59,258.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 Annual Survey Services. 79 RECOMMENDATION . Staff recommends approval of the attached Work Order No. 2, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 2 on their behalf. ATTACH M E NTS 1. Southeastern Surveying and Mapping Corp., Work Order No. 2 2. Exhibit A —Scope of Services APPROVED AGENDA ITEM FOR JANUARY 19. 2020 80 WORK ORDER 2 INDIAN RIVER BOULEVARD (MERRILL/BARBER BRIDGE TO 53RD STREET TOPOGRAPHIC DESIGN SURVEY (IRC -1707) This Work Order Number 2 is entered into as of this day of 2021, pursuant to that certain Annual Professional Surveying and Mapping Services Master Agreement dated October 04, 2016 and that certain Renewal of Annual Professional Surveying and Mapping Agreement dated September 18, 2018, collectively referred to as the "Agreement" by and between INDIAN RIVER COUNTY, a political subdivision of the State : of Florida ("COUNTY") and SOUTHEASTERN SURVEYING AND MAPPING CORPORATION (-SURVEYOR-). The COUNTY has selected the SURVEYOR to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order No. 2 and made part hereof by this reference. The professional services will be performed by the SURVEYOR for the fee schedule set forth in Exhibit A (Southeastern Surveying and Mapping Corporation Proposal dated December 30, 2020), attached to this Work Order and made a part hereof by this reference. The SURVEYOR will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS SOUTHEASTERN SURVEYING AND OF INDIAN RIVER COUNTY MAPPING CORPORATION By: Print Name: By: Joseph E. Flescher, Chairman Title: BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 81 December 30, 2020 Via Email: dschrvver@irceov.com Indian River County Mr. David W. Schryver, PSM I Indian River County Surveyor Survey Section - Engineering Division 1801 27th Street, Building A Vero Beach, Florida 32960-3388 772-226-1386 Direct 772-360-6912 Cell 772-778-9391 Fax RE: Indian River Blvd. Milling and Resurfacing Project 58th Avenue from Merrill P. Barber Bridge through Intersection with 53rd St. Sections 23, 24, 25, 26, and 36, Township 32 South, Range 39 East, Indian County, Florida Dear Mr. Schryver, SCOPE OF WORK: We are pleased to submit our third revised proposal for Topographic Surveying Services as per the Standards of Practice prescribed by the Florida Board of Professional Land Surveyors in Chapter 5J-17 FAC, Section 472.027 of the Florida Statutes. The survey will include the following: 1. Topographic coverage limits will be as marked on the attached Project Limit Exhibit being the full traveled way of the roads plus 10 feet beyond the road shoulders. At intersections, with roads, the survey will extend 50' from the existing Indian River Blvd right of way. 2. Obtain spot elevations on natural ground and existing improvements to be shown on the final drawing; all breaks in grade will be considered (high or low points). 3. Establish a minimum of two (2) site benchmarks every 1000 feet and one (1) at the beginning and end of each route for future construction and refers to NAVD 1988 datum. 4. Horizontal control will be based on State Plane Coordinates for the Florida East Zone; NAD 83 (latest adjustment). 5. Locate all manholes, including gravity sewer, stormwater, drainage, etc., and indicate the top of rim elevations. 6. Location of all painted lines. 7. Show the apparent right of way lines based on the digital copy (.dwg or .dxf format) provided by the Indian River County. TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. The Project will be completed as follows: a, 100% "Paper" review submittal (final review before the request for final deliverables) shall be made within 56 calendar days of receipt of Notice to Proceed for review by County Staff before preparing the final submittal package. b. The time of FINAL project completion shall be within ten calendar days of receipt of the County's review comments from the 100% "Paper Submittal." 2. Deliverables to be provided to the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals will 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 ten calendar days of the preliminary submittal. b. FINAL Deliverables, One (1) paper "hardcopy" signed and sealed drawing set. Sheeted and model space (as applicable) AutoCAD drawing file in AutoCAD Civil 3D 2020, PDF formats and an ASCII file for all survey points, all electronic files on CD. c. Survey set/sheets will include a cover sheet with location sketch, survey certifications, and 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 design and analysis of the area, as defined. It will contain all information necessary for a third -party surveyor to recreate or utilize the survey work independently. It is acknowledged that all final products become the property of Indian River COUNTY and will be available for use by the:public at large. The work product will meet or exceed the COUNTY's minimum standards EXPENSES AND FEES Our fee for this Project will be as follows: TASK Topographic Survey: $59,258.00 Credit Language Payment is expected within thirty (30) days from the date of the invoice. Credit Card Convenience Fee SSMC is committed to providing a range of payment options to our clients. Credit Card payments made via phone will result in a Convenience Fee. A Convenience Fee of $25 will be applied to Credit Card payments. We will continue to offer other payment methods, including cash, paper checks, and electronic check payments (ACH), which carry no additional charge. RN We look forward to the opportunity to work with you on this Project. Please contact me if you have any questions. Sincerely, V Jorge C. Diaz Ramirez, PSM Project Manager. JCD:gac If the above scope, period of service, and method of compensation meets with your approval, please have an authorized person execute below and send via email to contracts@southeasternsurveving.com as an official notice to proceed along with the notice of commencement. Fees and times stated in this agreement are valid for six months from the date of the proposal. CLIENT AUTHORIZATION I declare that I am authorized to sign the binding contractual document. I also declare that I have read, understand, and accept this proposal. Signature Printed Name Date Title (if any) 84 in GENERAL TERMS AND CONDITIONS These standard terms and conditions ("STCS") are incorporated by reference into the foregoing proposal, along with any future modifications or amendments (the "Agreement") between Southeastern Surveying and Mapping Corporation ("SSMC") and its Client ("You" or "Your") for the performance of surveying services ("Services"). These STCS are fully binding upon you just as if they were fully outlined in the body of the proposal letter and shall supersede any term or provision elsewhere in the agreement in conflict with these STCS. SCOPE OF SERVICES For the fee outlined in the Agreement, you agree that SSMC shall only be obligated to render the Services expressly described in the Agreement. Unless the Agreement explicitly requires, in no event does SSMC has any obligation or responsibility for: a. The correctness and completeness of any document which was prepared by another entity. b. The correctness and completeness of any drawing prepared by SSMC, unless it was duly signed and sealed by a registered professional on SSMC's behalf. C. Favorable or timely comment or action by any governmental entity on the submission of any construction documents, land use or feasibility studies, appeals, petitions for exceptions or waivers, or other requests or documents of any nature whatsoever. d. Taking into account off-site circumstances other than those clearly visible and actually known to SSMC from on-site work. e. The actual location (or characteristics) of any portion of a utility that is not entirely visible from the surface. f. Site safety or construction quality, means, methods, or sequences. g. The correctness of any geotechnical services performed by others, whether or not performed as SSMC's subcontractor. Should shop drawing review be incorporated into the Services, SSMC shall pass on the shop drawings with reasonable promptness. Checking and approval of shop drawings will be general, for conformance with the design concept of the Project to which this Agreement relates ("Project") and compliance with the information given in the construction documents, and will not include quantities, detailed dimensions, nor adjustments of dimensions to actual field conditions. Approval shall not be construed as permitting any departure from contract requirements, nor as relieving the Contractor of the sole and final responsibility for any error in details, dimensions, or otherwise, that may exist. SSMC does not provide legal, accounting, or insurance services. YOUR ORAL DECISIONS You, or any of your directors, officers, partners, members, managers, employees or agents having apparent authority from you, may orally: (a) make decisions relating to Services or the Agreement; (b) request a change in the scope of Services under the Agreement; or (c) request SSMC to render additional services under the Agreement, subject to our right to require you to submit the request in writing before your decision or request shall be considered to have been effectively made. You may, at any time, limit the authority of any or all persons to act orally on your behalf under this Paragraph, by giving SSMC seven (7) days advance written notice. STANDARD OF CARE The standard of care for all professional services performed by SSMC under this Agreement shall be the skill and care used by members of SSMC's profession practicing under similar circumstances at the same time and in the same locality. PAYMENT SSMC may submit invoices at any time to you for Services and reimbursable expenses incurred. Invoices are payable within 30 days of the invoice date. Invoices may be based either upon our estimate of the proportion of the total services completed at the time of billing for lump sum or fixed fee services, or in the case of hourly services, upon rendering of the Services. If any invoice is not paid within 30 days of the invoice date, SSMC shall have the right either to suspend the performance of our Services until all invoices more than 30 days past due are fully paid or to terminate the agreement and to initiate proceedings to recover amounts owed by you. Additionally, SSMC shall have the right to withhold from you the possession or use of any drawings or documents prepared by SSMC for you under this or any other agreement with you until all delinquent invoices are paid in full. You shall not offset payments of our invoices by any amounts due or claimed to be due for any reason. If you do not give SSMC written notice disputing an invoice within 20 days of the invoice date, the invoice shall conclusively be deemed correct. All payments made by you should specify the invoice numbers being paid. If SSMC receives payments that do not specify the invoices being paid, you agree that SSMC may apply payments in our sole discretion. Time is of the essence of your payment obligations, and your failure make full and timely payment shall be deemed a material breach. PROPRIETARY RIGHTS The drawings, specifications and other documents prepared by SSMC under this Agreement are instruments of SSMC's service for use solely for the Project and, unless otherwise provided, SSMC shall be deemed the author of these documents and shall retain all common law, statutory, and other reserved rights, including the copyright and rights to any SSMC trademarks. You shall be permitted to retain copies, including reproducible copies of SSMC's instruments of service for information and reference for the Project. SSMC's drawings, specifications, or other documents shall not be used by you or others on other projects for any reason or for completion of this Project by other professionals unless you enter into a written agreement with SSMC allowing for such use. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication inconsistent with our reserved rights. TERMINATION Either party may terminate the Agreement if the other party materially breaches the Agreement. You shall immediately pay SSMC for our services rendered and expenses incurred through the termination date, including fees and expenses that SSMC incur as a result of the termination. ASSIGNMENT Neither party shall assign or transfer any rights, interests or claims arising under this Agreement without the written consent of the other. This Agreement shall not confer any benefit or right upon any person or entity other than you, SSMC, and its officers, employees, agents, and subcontractors. SSMC's officers, employees, agents, and subcontractors shall have and shall be entitled to the protections afforded SSMC under this Agreement. GOVERNING LAW This Agreement shall be interpreted under and governed by the laws of the State of Florida. The parties agree that the courts of Orange County, Florida, and the US District Court of the Middle District of Florida (Orlando Division) shall have exclusive jurisdiction over any controversy. The parties consent to the jurisdiction of the Courts and waive any objection either party might otherwise be entitled to assert regarding jurisdiction. The parties irrevocably waive all right to trial by jury in any action, proceeding, or counterclaim arising out of or related to this Agreement. SEVERABILITY If any part, term, or provision of this agreement is held to be illegal or unenforceable, the validity and enforceability of the remaining parts, terms, and provisions of this agreement shall not be affected, and each party's rights shall be construed and enforced as if the agreement did not contain the illegal or unenforceable part, term, or provision. LIMITATIONS ON LIABILITY SSMC's liability for any loss, property damage or bodily injury of or to you caused in whole or in part by SSMC in the performance of this Agreement, or in the performance of any supplementary services in any way related to this Agreement, shall be limited in the aggregate to the amount of fees that you have paid to SSMC for the Services. The parties intend that the preceding limitation on liability shall apply to all claims, whether sounding in tort, in contract, in warranty or otherwise. You release, waive, and shall not seek contribution from, or indemnification by, SSMC for any claims of any nature made against you by any other person who may suffer any loss, property damage or bodily injury in any manner associated with SSMC's services, or SSMC's officers, employees, agents and subcontractors under this Agreement, or any supplementary services in any way related to this Agreement. SSMC shall not be liable to you, in any event or for any amount, for delays, or consequential, special or incidental damages; or punitive or exemplary damages. PAYMENT OF ATTORNEY'S FEES The losing party shall pay the winning party's reasonable attorney's fees and expenses for the prosecution or defense of any cause of action, claim or demand arising under this Agreement in any court or in arbitration. INDEMNIFICATION You agree to indemnify and hold SSMC harmless from and against any and all liability, loss, damages, claims, and demands for loss, damages, property damages or bodily injury, arising out of work undertaken on the Project by you, or your contractor, subcontractor or other independent company or consultant employed by you to work on the Project, or their respective partners, members, managers, directors, officers, employees, agents or assigns; or arising out of any other operation, no matter by whom performed, for and on behalf of you, or such contractor, subcontractor or other independent company or consultant, whether or not due in part to errors or omissions by us in the performance of this Agreement, or in the performance of any supplementary service in any way related to this Agreement, provided that you are not required to indemnify and hold SSMC harmless under this Paragraph in the event of SSMC's sole negligence. COMPLETE AGREEMENT This Agreement contains the entire agreement between the parties concerning the matters covered herein. No prior representations, statements, or inducements made by either SSMC, you, or the respective agents of either, that is not contained in the Agreement shall enlarge, modify, alter, or otherwise vary the written terms of the Agreement unless they are made in writing and made a part of the Agreement by attachment, incorporated by reference in the Agreement or sig or initialed on behalf of both parties. E Ii O 0) E m .Z VAI "'I 'LllI I I li'lI I 1 1 `n c o 0 0 0 � 0 O O O O m 0 U - d 0 O c7' m 0 O m cc ID d LL m U 9 9 00 1-. 1-1 Ln 1l it lD .-i N O 00 1-1 LL Ln N N f1'1 O N d m U Q a >, � .moi a a (D N M a lD ri J v LO N N � m J LL V} V) VT U} V! V} in O O O C i'1 Ln lD n N L U V? <n +n Vti• a � M Li o c m m O 0 o v 1. N -a a - N LL 2 O O O ? m � 2 O O 00 O O _ a Ln Ln (V Dl LL LD W Q •V N H z 00O m > m 'i o Oo O 0 0 0 o O 00 00 - O C LG N 14 14 L O LL M M M lD Q G7 V? N •� �C V? VT N Vt N VT in v s 0 2 tn ? NM M O IDD O O N Dl L 2 O O C O O O L d M y n N N LL N N >CLVT N L N 2 T tCo e-1 Ln lD 2 O O N O N-4 0 y Q [f UL d • O � v>• yr yr ? M M co f�0 U 2 O X 2 W � O F OD N aj K dD o OV c i+1 L > O` o U a O Q U ° Z c U jp O ' V 01 O O 'm6 L V 2 C J A y (U 1(� tio� h Ci a \ Q 0 LL VAI "'I 'LllI I I li'lI I 1 1 `n c o � 0 O O O O U- O U - d d a�t L Q U O c7' m O O m cc ID d LL m U 9 9 00 1-. 1-1 Ln 1l it lD .-i N O 00 1-1 LL Ln N N f1'1 O N d m U Q a >, � .moi a a VAI "'I 'LllI I I li'lI I 1 1 `n c o � 0 .0 U U U- U - U - d d a�t L Q U s U v O a N m c m cc m d LL m U 9 9 O O O LL Q Q d m U Q a >, � a a (D N M J a 3 3 U J INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 12, 2021 . TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Designation of Excess Equipment as Surplus BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. Two vehicles have previously been declared surplus by the Board, but have been requested to :)e used by other departments. Staff would like to reactivate these assets: Fleet Description Asset Previous Dept Gaining Dept. 806 2006 F150 23528 Engineering Stormwater 233 2004 Ford Explorer 21896 Engineering Parks FUNDING: There is no cost to the County associated with this request. RECOMMENDATION: Staff recommends the Board declare the items on the Excess Equipment List for 011921 Agenda as surplus, and authorize their sale and/or disposal, as indicated. Staff also recommends the Board reactivate Assets 23528 and 21896. ATTACHMENT: Excess List for 011921 Excess List for 011921 Dept # Asset Fleet Description VIN/Serial Working y/n 281 23182 397 2006 GMC Canyon Truck 1GTDT146668269143 Y 106 219621 635 2004 Silverado 1500 Pickup 1GCEC14V74Z311077 Y 120 25125 725 2009 Chevrolet C-4500 with Med-Tech Ambulance Body 1GBE4V1989F402481 Y 106 22582 865 2006 Silverado 1500 Pickup 1GCEC14X25Z323723 Y 244 23930 900 2007 Ford Escape 4 x 4 1FMCU92768KA25420 Y 102 18645 Laserjet printer 4000+ N 106 19530 Pharmaceutical Refrigerator X27K-502791YK Y 400 21024 Anaerobic Chamber with gloves (glove box) Y 102 24300 Dell Optiplex 745 System w/ 17" Monitor CS5464 24300 Y 102 24343 Computer 7Q1PTD1 Y 241 25210 Dell PowerEdge R710, FRSERVER Svc Tag # 2BSIVHI N JRTC 26263 Carpet Cleaner N 110 26280 Dell 3750 Laptop Y 110 26314 Dell OptiPlex 790 Computer CTM6KSI Y 110 26650 Portable Radio Y 110 26652 Portable Radio Y 110 27037 Seon Camera (from bus 186) Y 110 27089 Dell T320 Server ISN6FXI Y 216 27544 Dell OptiPlex 7010 - Hard Drive Removed IRC Tag - CS5506 Y 216 27544 Dell OptiPlex 7010 - Hard Drive Removed IRC Tag - CS5505 Y 216 27563 Dell OptiPlex 7010 - Hard Drive Removed IRC Tag - C55504 Y 110 27916 Portable Radio Y 110 28059 Auto Passenger Counter (for bus 186) Y 110 30154 Seon Camera (from bus 216) Y 110 30155 Seon Camera (from bus 209) Y 110 22996B Auto Passenger Counter (for bus 200) Y 110 22996C Bike Rack (for bus 200) Y 110 23918A Seon Camera (from bus 183) Y 110 23918B Auto Passenger Counter (for bus 229) Y 110 24382C Auto Passenger Counter (for bus 209) Y 110 243820 Bike Rack (for bus 209) Y 110 25126A Seon Camera (from bus 210) Y 110 25126C Auto Passenger Counter (for bus 210) Y 110 26555B Auto Passenger Counter (for bus 228) Y 110 26556B Auto Passenger Counter (for bus 229) Y 110 26557A Bike Rack (for bus 230) Y 110 26557B Auto Passenger Counter (for bus 230) Y 110 26558A Bike Rack (for bus 231) Y 110 26558B Auto Passenger Counter (for bus 231) Y 400 11 HP Monitors Model# HPLV2311 Y 400 2 Brother Printers MFC-L2740DW Y 400 2 Dell PC's Vostro 260 Y 400 4 Brother Printers MFC-8950DW Y 400 5 Dell 19" Monitors Model# P190ST Y 400 Belkin Wireless Router 1280523312154 Y 400 Canon MP 210 61077585 Y 400 Canon MP11 DX 21547414 Y 400 Canon MP25 II CR124709 Y 400 Casio HR-8TM ADA60024 Y 161 Casio TK 7000 Cash Register Y 400 Dell Laptop FKVQ9VI Y 400 D-Link pocket router D90Q141-005830 Y 400 Eaton UPS FA194FBB01 Y 89 Excess List for 011921 Dept # Asset Fleet Description VIN/Serial Working y/n 400 Fujitsu F1-6110 Scanner 10099 Y 400 HP 4300 PC 2UA3091FRO Y 400 HP Color Printer MX1556F205 Y 400 HP Pro 4300's 2UA3091ON1 Y 400 HP Pro 4300's 2UA3091FPC Y 400 HP Pro 4300's 2UA3091178 Y 400 HP Pro 4300's 2UA30910N9 Y 400 HP Pro 4300's 2UA3091CDY Y 400 HP Pro 4300's 2UA3091173 Y 400 HP Pro 4300's 2UA3091FQN Y 400 HP Pro 4300's 2UA30191OPM Y 400 Nokia Cell Phone RQ8ZB25106H Y 400 PC Speakers U075035D Y 106 Pharmaceutical Refrigerator RPR2304A21 Y 400 View Era. Monitor 965GLMED8A31018 Y 400 Wireless Range Extender 121311BF101271 Y 90 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 13, 2021 Subject: Miscellaneous Budget Amendment 003 Description and Conditions 1. The Board of County Commissioners approved a 3% general wage increase for the Teamsters Union and non-union employees on August 18, 2020. Exhibit "A" appropriates funding from the various Reserve for Contingency Funds. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-21 budget. 91 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/BCC Dept/Executive Salaries 00110111-011110 $16,760 $0 General Fund/BCC Dept/Regular Salaries 00110111-011120 $2,545 $0 General Fund/BCC Dept/Part-Time Salaries 00110111-011130 $970 $0 General Fund/BCC Dept/Social Security 00110111-012110 $1,257 $0 General Fund/BCC Dept/Retirement Contribution 00110111-012120 $8,595 $0 General Fund/BCC Dept/Insurance-Life & Health 00110111-012130 $72 $0 General Fund/BCC Dept/Medicare Matching 00110111-012170 $294 $0 General Fund/County Attorney/Salaries 00110214-011120 $17,301 $0 General Fund/County Attorney/Social Security 00110214-012110 $1,073 $0 General Fund/County Attorney/Retirement Contribution 00110214-012120 $1,730 $0 General Fund/County Attorney/Insurance-Life & Health 00110214-012130 $62 $0 General Fund/County Attorney/Medicare 00110214-012170 $251 $0 General Fund/Main Library/Salaries 00110971-011120 $31,190 $0 General Fund/Main Library/Part-Time Salaries 00110971-011130 $3,240 $0 General Fund/Main Library/Social Security 00110971-012110 $2,135 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $3,443 $0 1. Expense General Fund/Main Library/Insurance-Life & Health 00110971-012130 $123 $0 General Fund/Main Library/Medicare 00110971-012170 $499 $0 General Fund/NC Library/Salaries 00111271-011120 $11,934 $0 General Fund/NC Library/Part-Time Salaries 00111271-011130 $2,423 $0 General Fund/NC Library/Social Security 00111271-012110 $890 $0 General Fund/NC Library/Retirement Contribution 00111271-012120 $1,436 $0 General Fund/NC Library/Insurance-Life & Health 00111271-012130 $51 $0 General Fund/NC Library/Medicare 00111271-012170 $208 $0 General Fund/Brackett Library/Salaries 00111371-011120 $4,158 $0 General Fund/Brackett Library/Part-Time Salaries 00111371-011130 $2,129 $0 General Fund/Brackett Library/Social Security 00111371-012110 $390 $0 General Fund/Brackett Library/Retirement Contribution 00111371-012120 $629 $0 General Fund/Brackett Library/Insurance-Life & Health 00111371-012130 $22 $0 General Fund/Brackett Library/Medicare 00111371-012170 $91 $0 General Fund/Soil-Water Cons/Salaries 00111837-011120 $980 $0 General Fund/Soil-Water Cons/Social Security 00111837-012110 $61 $0 General Fund/Soil-Water Cons/Retirement Contribution 00111837-012120 $98 $0 YL Exhibit "A" Resolution No. 2021 - Budget Office Approval: Budget Amendment 003 Decrease $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Wi Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Parks/Social Security 00121072-012110 $2,083 $0 General Fund/Parks/Retirement 00121072-012120 $3,360 $0 General Fund/Parks/Insurance-Life & Health 00121072-012130 $120 $0 General Fund/Parks/Medicare 00121072-012170 $487 $0 General Fund/Human Services/Salaries 00121164-011120 $1,128 $0 General Fund/Human Services/Social Security 00121164-012110 $70 $0 General Fund/Human Services/Retirement 00121164-012120 $113 $0 General Fund/Human Services/Insurance-Life & Health 00121164-012130 $4 $0 General Fund/Human Services/Medicare 00121164-012170 $16 $0 General Fund/AG Extension/Salaries 00121237-011120 $3,875 $0 General Fund/AG Extension/Social Security 00121237-012110 $240 $0 General Fund/AG Extension/Retirement 00121237-012120 $388 $0 General Fund/AG Extension/Insurance-Life & Health 00121237-012130 $14 $0 General Fund/AG Extension/Medicare 00121237-012170 $56 $0 General Fund/Parks-Conservation/Salaries 00121572-011120 $5,363 $0 1. Expense General Fund/Parks-Conservation/Social Security 00121572-012110 $333 $0 General Fund/Parks-Conservation/Retirement 00121572-012120 $536 $0 General Fund/Parks-Conservation/Insurance- Life & Health 00121572-012130 $19 $0 General Fund/Parks-Conservation/Medicare 00121572-012170 $78 $0 General Fund/Purchasing/Salaries 00121613-011120 $4,588 $0 General Fund/Purchasing/Social Security 00121613-012110 $284 $0 General Fund/Purchasing/Retirement 00121613-012120 $459 $0 General Fund/Purchasing/Insurance-Life & Health 00121613-012130 $16 $0 General Fund/Purchasing/Medicare 00121613-012170 $67 $0 General Fund/Facilities Mgmt/Salaries 00122019-011120 $25,523 $0 General Fund/Facilities Mgmt/Social Security 00122019-012110 $1,582 $0 General Fund/Facilities Mgmt/Retirement 00122019-012120 $2,552 $0 General Fund/Facilities Mgmt/Insurance-Life &Health 00122019-012130 $91 $0 General Fund/Facilities Mgmt/Medicare 00122019-012170 $370 $0 General Fund/Office of Mgmt/Budget/Salaries 00122913-011120 $7,455 $0 General Fund/Office of Mgmt/Budget/Social Security 00122913-012110 $462 $0 General Fund/Office of Mgmt/Budget/ Retirement 00122913-012120 $746 $0 General Fund/Office of Mgmt/Budget/ Insurance -Life & Health 00122913-012130 $27 $0 y4 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Office of M mt/Bud et/Medicare 00122913-012170 $108 $0 General Fund/FPL Grant/Salaries 00123725-011120 $1,391 $0 General Fund/FPL Grant/Social Security 00123725-012110 $86 $0 General Fund/FPL Grant/Retirement 00123725-012120 $139 $0 General Fund/FPL Grant/Insurance-Life & Health 00123725-012130 $5 $0 General Fund/FPL Grant/Medicare 00123725-012170 $20 $0 General Fund/Emergency Base Grant/Salaries 00123825-011120 $2,158 $0 General Fund/Emergency Base Grant/Social Security 00123825-012110 $134 $0 General Fund/Emergency Base Grant/Retirement 00123825-012120 $216 $0 General Fund/Emergency Base Grant/Insurance-Life & Health 00123825-012130 $8 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $31 $0 General Fund/Animal Services/Salaries 00124962-011120 $8,341 $0 General Fund/Animal Services/SS 00124962-012110 $517 $0 General Fund/Animal Services/Retirement 00124962-012120 $834 $0 1. Expense General Fund/Animal Services/Insurance-Life & Health 00124962-012130 $30 $0 General Fund/Animal Services/Medicare 00124962-012170 $121 $0 General Fund/Animal Control/Salaries 00125062-011120 $9,881 $0 General Fund/Animal Control/Social Security 00125062-012110 $613 $0 General Fund/Animal Control/Retirement 00125062-012120 $988 $0 General Fund/Animal Control/Insurance-Life & Health 00125062-012130 $35 $0 General Fund/Animal Control/Medicare 00125062-012170 $143 $0 General Fund/Mailroom/Salaries 00125119-011120 $905 $0 General Fund/Mailroom/Part-time Salaries 00125119-011130 $915 $0 General Fund/Mailroom/Social Security 00125119-012110 $113 $0 General Fund/Mailroom/Retirement 00125119-012120 $182 $0 General Fund/Mailroom/Insurance-Life & Health 00125119-012130 $6 $0 General Fund/Mailroom/Medicare 00125119-012170 $26 $0 General Fund/Lagoon/Salaries 00128337-011120 $1,430 $0 General Fund/Lagoon/Social Security 00128337-012110 $89 $0 General Fund/Lagoon/Retirement 00128337-012120 $143 $0 General Fund/Lagoon/Insurance-Life & Health 00128337-012130 $5 $0 General Fund/Lagoon/Medicare 00128337-012170 $21 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $290,918 y5 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/NCAC/Salaries 00410472-011120 $3,604 $0 MSTU/NCAC/Part-Time Salaries 00410472-011130 $6,178 $0 MSTU/NCAC/Budgeted Temp Salaries 00410472-011190 $3,281 $0 MSTU/NCAC/Social Security 00410472-012110 $810 $0 MSTU/NCAC/Retirement 00410472-012120 $1,306 $0 MSTU/NCAC/Insurance-Life & Health 00410472-012130 $47 $0 MSTU/NCAC/Medicare 00410472-012170 $189 $0 MSTU/GAC/Salaries 00410572-011120 $2,004 $0 MSTU/GAC/Part-Time Salaries 00410572-011130 $4,023 $0 MSTU/GAC/Budgeted Temp Salaries 00410572-011190 $1,502 $0 MSTU/GAC/Social Security 00410572-012110 $467 $0 MSTU/GAC/Retirement 00410572-012120 $753 $0 MSTU/GAC/Insurance-Life & Health 00410572-012130 $27 $0 MSTU/GAC/Medicare 00410572-012170 $109 $0 1. Expense MSTU/Recreation/Salaries 00410872-011120 $11,829 $0 MSTU/Recreation/Part-time Salaries 00410872-011130 $906 $0 MSTU/Recreation/Budgeted Temp 00410872-011190 $913 $0 MSTU/Recreation/Social Security 00410872-012110 $846 $0 MSTU/Recreation/Retirement 00410872-012120 $1,365 $0 MSTU/Recreation/Insurance-Life & Health 00410872-012130 $49 $0 MSTU/Recreation/Medicare 00410872-012170 $198 $0 MSTU/IG Building/Salaries 00411572-011120 $3,979 $0 MSTU/Building/Part-time Salaries 00411572-011130 $813 $0 MSTU/IG Building/Social Security 00411572-012110 $297 $0 MSTU/IG Building/Retirement 00411572-012120 $479 $0 MSTU/IG Building/Insurance-Life & Health 00411572-012130 $17 $0 MSTU/IG Building/Medicare 00411572-012170 $69 $0 MSTU/Beach Parks/Salaries 00411672-011120 $14,106 $0 MSTU/Beach Parks/Part-time Salaries 00411672-011130 $2,773 $0 MSTU/Beach Parks/Social Security 00411672-012110 $1,046 $0 MSTU/Beach Parks/Retirement 00411672-012120 $1,688 $0 MSTU/Beach Parks/Insurance-Life & Health 00411672-012130 $60 $0 MSTU/Beach Parks/Medicare 00411672-012170 $245 $0 OLF Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease MSTU/Shooting Range/Salaries 00416172-011120 $6,155 $0 MSTU/Shooting Range/Part-time Salaries 00416172-011130 $5,243 $0 MSTU/Shooting Range/Budgeted Temp 00416172-011190 $976 $0 MSTU/Shooting Range/Social Security 00416172-012110 $767 $0 MSTU/Shooting Range/Retirement 00416172-012120 $1,237 $0 MSTU/Shooting Range/Insurance-Life & Health 00416172-012130 $44 $0 MSTU/Shooting Range/Medicare 00416172-012170 $179 $0 MSTU/Planning & Dev/Salaries 00420415-011120 $5,149 $0 MSTU/Planning & Dev/Social Security 00420415-012110 $319 $0 MSTU/Planning& Dev/Retirement 00420415-012120 $515 $0 MSTU/Planning& Dev/Insurance-Life & Health 00420415-012130 $18 $0 MSTU/Planning& Dev/Medicare 00420415-012170 $75 $0 MSTU/Planning/Salaries 00420515-011120 $17,185 $0 MSTU/Planning/Part-time Salaries 00420515-011130 $1,100 $0 MSTU/Planning/Social Security 00420515-012110 $1,134 $0 1. Expense MSTU/Planning/Retirement 00420515-012120 $6,989 $0 MSTU/Planning/Insurance-Life & Health 00420515-012130 $65 $0 MSTU/Planning/Medicare 00420515-012170 $265 $0 MSTU/Code Enf/Salaries 00420724-011120 $9,346 $0 MSTU/Code Enf./Social Security 00420724-012110 $579 $0 MSTU/Code Enf./Retirement 00420724-012120 $935 $0 MSTU/Code Enf./Insurance-Life & Health 00420724-012130 $33 $0 MSTU/Code Enf./Medicare 00420724-012170 $136 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $124,422 Transportation Fund/Road & Bridge/Salaries 11121441-011120 $102,926 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $6,381 $0 Transportation Fund/Road & Bridge/Retirement 11121441-012120 $17,294 $0 Transportation Fund/Road & Bridge/Insurance Life & Health 11121441-012130 $367 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $1,492 $0 Transportation Fund/Public Works/Salaries 11124319-011120 $1,665 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $103 $0 Transportation Fund/Public Works/Retirement 11124319-012120 $167 $0 Transportation Fund/Public Works/ Insurance- Life & Health 11124319-012130 $6 $0 Y/ Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/Public Works/Medicare 11124319-012170 $24 $0 Transportation Fund/Engineering/Salaries 11124441-011120 $55,662 $0 Transportation Fund/Engineering/Social 11124441-012110 $3,451 $0 Security Transportation Fund/Engineering/Retirement 11124441-012120 $5,566 $0 Transportation Fund/Engineering/Insurance- 11124441-012130 $198 $0 Life & Health Transportation Fund/Engineering/Medicare 11124441-012170 $807 $0 Transportation Fund/Traffic Engineering/ 11124541-011120 $34,309 $0 Salaries Transportation Fund/Traffic Engineering/ 11124541-012110 $2,127 $0 Social Security Transportation Fund/Traffic Engineering/ 11124541-012120 $3,431 $0 Retirement Transportation Fund/Traffic Engineering/ 11124541-012130 $122 $0 Insurance Transportation Fund/Traffic Engineering/ 11124541-012170 $497 $0 Medicare Transportation Fund/Stormwater/Salaries 11128138-011120 $9,985 $0 Transportation Fund/Stormwater/Social 11128138-012110 $619 $0 Security Transportation Fund/Stormwater/Health 11128138-012130 $36 $0 Insurance- Life & Health Transportation Fund/Stormwater/Retirement 11128138-012120 $6,240 $0 Transportation Fund/Stormwater/Medicare 11128138-012170 $145 $0 1. Expense Transportation Fund/Reserves/Reserve for 11119941-099910 $0 $253,620 Contin enc Emergency Services/Fire Rescue/Salaries 11412022-011120 $46,797 $0 Emergency Services/Fire Rescue/Part Time 11412022-011130 $425 $0 Salaries Emergency Services/Fire Rescue/Social 11412022-012110 $2,928 $0 Security Emergency Services/Fire Rescue/ Retirement 11412022-012120 $6,734 $0 Emergency Services/Fire Rescue/Insurance- 11412022-012130 $168 $0 Life & Health Emergency Services/Fire Rescue/Medicare 11412022-012170 $685 $0 Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $57,737 Contin enc SWDD/Sanitary Landfill/Salaries 41121734-011120 $16,183 $0 SWDD/Sanitary Landfill/Social Security 41121734-012110 $1,003 $0 SWDD/Sanitary Landfill/Retirement 41121734-012120 $1,619 $0 SWDD/Sanitary Landfill/Insurance-Life & 41121734-012130 $58 $0 Health SWDD/Sanitary Landfill/Medicare 41121734-012170 $235 $0 SWDD/CC & Recycle/Salaries 41125534-011120 $1,404 $0 SWDD/CC & Recycle/Social Security 41125534-012110 $87 $0 SWDD/CC & Recycle/Retirement 41125534-012120 $208 $0 SWDD/CC & Recycle/Insurance-Life & Health 41125534-012130 $5 $0 `N Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease SWDD/CC & Recycle/Medicare 41125534-012170 $20 $0 SWDD/Sanitary Landfill/Reserves/Reserve for 41121734-099910 $0 $20,822 Contin enc Impact Fees/Planning Admin/Salaries 10320415-011120 $1,610 $0 Impact Fees/Planning Admin/Social Security 10320415-012110 $100 $0 Impact Fees/Planning Admin/Retirement 10320415-012120 $163 $0 Impact Fees/Planning Admin/Insurance-Life & 10320415-012130 $6 $0 Health Impact Fees/Planning Admin/Medicare 10320415-012170 $23 $0 Impact Fees/Planning Admin/Reserve for 10320415-099910 $0 $1,902 Contin enc Section 8/Rental Assistance/Salaries 10822264-011120 $5,733 $0 Section 8/Rental Assistance/Social Security 10822264-012110 $355 $0 Section 8/Rental Assistance/Retirement 10822264-012120 $582 $0 Section 8/Rental Assistance/Insurance-Life & 10822264-012130 $20 $0 Health Section 8/Rental Assistance/Medicare 10822264-012170 $83 $0 Section 8/Rental Assistance/Reserve for 10822264-099910 $0 $6,773 Contin enc Secondary Roads/Road & Bridge/Salaries 10921441-011120 $434 $0 Secondary Roads/Road & Bridge/Social 10921441-012110 $27 $0 Security 1. Expense Secondary Roads/Road & Bridge/Retirement 10921441-012120 $43 $0 Secondary Roads/Road & Bridge/Insurance- 10921441-012130 $2 $0 Life & Health Secondary Roads/Road & Bridge/Medicare 10921441-012170 $6 $0 Secondary Roads/Engineering/Salaries 10924441-011120 $9,652 $0 Secondary Roads/Engineering/Social Security 10924441-012110 $598 $0 Secondary Roads/Engineering/Retirement 10924441-012120 $980 $0 Secondary Roads/Engineering/Insurance-Life 10924441-012130 $34 $0 & Health Secondary Roads/Engineering/Medicare 10924441-012170 $140 $0 Secondary Roads/Real Estate 10924741-011120 $1,305 $0 Acquisition/Salaries Secondary Roads/Real Estate 10924741-012110 $81 $0 Ac uisition/Social Security Secondary Roads/Real Estate Ac uisition/Retirement 10924741-012120 $131 $0 Secondary Roads/Real Estate Ac uisition/Insurance-Life & Health 10924741-012130 $5 $0 Secondary Roads/Real Estate Ac uisition/Medicare 10924741-012170 $19 $0 Secondary Roads/Reserves/Reserve for Contingency 10919981-099910 $0 $13,457 911 Surcharge/Communication Center/Salaries 12013325-011120 $4,602 $0 911 Surcharge/Communication Center/Social 12013325-012110 $285 $0 Security 911 Surcharge/Communication Center/Retirement 12013325-012120 $468 $0 99 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease 912 Surcharge/Communication 12013325-012130 $16 $0 Center/Insurance-Life & Health 911 Surcharge/Communication 12013325-012170 $67 $0 Center/Medicare 911 Surcharge/Communication 12013325-099910 $0 $5,438 Center/Reserve for Contingency SHIP/Ship Program/Salaries 12322869-011120 $1,096 $0 SHIP/Ship Program/Social Security 12322869-012110 $68 $0 SHIP/Ship Program/Retirement 12322869-012120 $111 $0 SHIP/Ship Program/Insurance-Life & Health 12322869-012130 $4 $0 SHIP/Ship Program/Medicare 12322869-012170 $16 $0 SHIP/Ship Program/Reserve for Contingency 12322869-099910 $0 $1,295 MPO/Planning/Salaries 12420415-011120 $7,600 $0 MPO/Planning/Social Security 12420415-012110 $471 $0 MPO/Planning/Retirement 12420415-012120 $760 $0 MPO/Planning/Insurance-Life & Health 12420415-012130 $37 $0 MPO/Planning/Medicare 12420415-012170 $110 $0 MPO/Planning/Reserve for Contingency 12420415-099910 $0 $8,978 Beach Restoration Fund/Salaries 12814472-011120 $4,930 $0 1. Expense Beach Restoration Fund/Social Security 12814472-012110 $306 $0 Beach Restoration Fund/Retirement 12814472-012120 $493 $0 Beach Restoration Fund/Insurance-Life & 12814472-012130 $24 $0 Health Beach Restoration Fund/Medicare 12814472-012170 $71 $0 Beach Restoration Fund/Reserve for 12814472-099910 $0 $5,824 Contingency Sandridge Golf 41823672-011120 $5,554 $0 Course/Admin/Clubhouse/Salaries Sandridge Golf Course/Admin/Part-time 41823672-011130 $9,249 $0 Salaries Sandridge Golf Course/Admin/Budgeted Temp 41823672-011190 $2,078 $0 Positions Sandridge Golf Course/Admin/Clubhouse/Social Security 41823672-012110 $1,047 $0 Sandridge Golf Course/Ad min/Clubhouse/Retirement 41823672-012120 $1,737 $0 Sandridge Golf 41823672-012130 $60 $0 Course/Admin/Clubhouse/Insurance-Life & Sandridge Golf 41823672-012170 $245 $0 Course/Admin/Clubhouse/Medicare Sandridge Golf 41823672-099910 $0 $19,970 Course/Admin/Clubhouse/Reserve for County Building/Building Dept/Salaries 44123324-011120 $57,044 $0 County Building/Building Dept/Social Security 44123324-012110 $3,537 $0 County Building/Building Dept/Retirement 44123324-012120 $6,679 $0 County Building/Building Dept/Insurance-Life 44123324-012130 $203 $0 & Health lUU Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease County Building/Building Dept/Medicare 44123324-012170 $827 $0 County Building/Building Dept/Reserve for 44123324-099910 $0 $68,290 Contingency Utilities Dept/Wastewater Treatment/Salaries 47121836-011120 $29,691 $0 Utilities Dept/WastewaterTreatment/Social 47121836-012110 $1,841 $0 Security Utilities Dept/Wastewater 47121836-012120 $2,970 $0 Treatment/Retirement Utilities Dept/Wastewater Treatment/ 47121836-012130 $105 $0 Insurance -Life & Health Utilities Dept/Wastewater Treatment/Medicare 47121836-012170 $431 $0 Utilities Dept/Water Production/Salaries 47121936-011120 $37,775 $0 Utilities Dept/Water Production/Social Security 47121936-012110 $2,342 $0 Utilities Dept/Water Production/Retirement 47121936-012120 $3,778 $0 Utilities Dept/Water Production/Insurance-Life 47121936-012130 $135 $0 & Health Utilities Dept/Water Production/Medicare 47121936-012170 $548 $0 Utilities Dept/General & Engineering/Salaries 47123536-011120 $39,651 $0 Utilities Dept/General & Engineering/Social 47123536-012110 $2,458 $0 Security Utilities Dept/General & Engineering/ 47123536-012120 $3,965 $0 Retirement Utilities Dept/General & Engineering/ 47123536-012130 $141 $0 Insurance -Life & Health 1. Expense Utilities Dept/General & Engineering/ 47123536-012170 $575 $0 Medicare Utilities Dept/Customer Service/Salaries 47126536-011120 $36,815 $0 Utilities Dept/Customer Service/Part-time 47126536-011130 $1,017 $0 Salaries Utilities Dept/Customer Service/Social 47126536-012110 $2,346 $0 Securit Utilities Dept/Customer Service/Retirement 47126536-012120 $9,783 $0 Utilities Dept/Customer Service/Insurance-Life 47126536-012130 $135 $0 & Health Utilities Dept/Customer Service/Medicare 47126536-012170 $549 $0 Utilities Dept/Wastewater Collections/Salaries 47126836-011120 $31,875 $0 Utilities Dept/WastewaterCollections/Social 47126836-012110 $1,976 $0 Security Utilities Dept/Wastewater Collections/ 47126836-012120 $9,443 $0 Retirement Utilities DepttWastewater Collections/ 47126836-012130 $114 $0 Insurance -Life & Health Utilities Dept/Wastewater Collections/ 47126836-012170 $462 $0 Medicare Utilities Dept/Water Distribution/Salaries 47126936-011120 $37,359 $0 Utilities Dept/Water Distribution/Social 47126936-012110 $2,316 $0 Security Utilities Dept/Water Distribution/Retirement 47126936-012120 $3,736 $0 Utilities Dept/Water Distribution/Insurance - 47126936-012130 $133 $0 Life & Health Utilities DepttWater Distribution/Medicare 47126936-012170 $542 $0 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Utilities Dept/Osprey Marsh/Salaries 47128236-011120 $2,154 $0 Utilities Dept/Osprey Marsh/Social Security 47128236-012110 $134 $0 Utilities Dept/Osprey Marsh/Retirement 47128236-012120 $215 $0 Utilities Dept/Osprey Marsh/Insurance-Life & Health 47128236-012130 $8 $0 Utilities Dept/Osprey Marsh/Medicare 47128236-012170 $31 $0 Utilities Dept/General & Engineering/Reserve for Contingency 47123536-099910 $0 $267,549 Fleet/Vehicle Maint/Salaries 50124291-011120 $10,644 $0 Fleet/Vehicle Maint/Social Security 50124291-012110 $660 $0 Fleet/Vehicle Maint/Retirement 50124291-012120 $1,455 $0 Fleet/Vehicle Maint/Insurance-Life & Health 50124291-012130 $38 $0 Fleet/Vehicle Maint/Medicare 50124291-012170 $154 $0 Fleet/Vehicle Maint/Reserve for Contingency 50124291-099910 $0 $12,951 Self Insurance/Risk Management/Salaries 50224613-011120 $4,107 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $255 $0 Self Insurance/Risk Management/ Retirement 50224613-012120 $416 $0 Self Insurance/Risk Management/ Insurance- Life & Health 50224613-012130 $15 $0 1. Expense Self Insurance/Risk Management/Medicare 50224613-012170 $60 $0 Self Insurance/Risk Management/Reserve for Contingency 50224613-099910 $0 $4,853 Employee Health/Health Insurance/Salaries 50412719-011120 $1,987 $0 Employee Health/Health Insurance/Social Security 50412719-012110 $123 $0 Employee Health/Health Insurance/ Retirement 50412719-012120 $340 $0 Employee Health/Health Insurance/ Insurance- Life & Health 50412719-012130 $7 $0 Employee Health/Health Insurance/Medicare 50412719-012170 $29 $0 Employee Health/Health Insurance/Reserve for Contin enc 50412719-099910 $0 $2,486 Information Tech/Information Systems/ Salaries 50524113-011120 $27,022 $0 Information Tech/Information Systems/ Social Security 50524113-012110 $1,675 $0 Information Tech/Information Systems/ Retirement 50524113-012120 $2,702 $0 Information Tech/Information Systems/ Insurance- Life & Health 50524113-012120 $96 $0 Information Tech/Information Systems/ Medicare 50524113-012170 $391 $0 Information Tech/GIS/Salaries 50510319-011120 $9,506 $0 Information Tech/GIS/Social Security 50510319-012110 $589 $0 Information Tech/GIS/Retirement 50510319-012120 $1,001 $0 Information Tech/GIS/Insurance-Life & Health 50510319-012130 $34 $0 lUl Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 003 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Information Tech/GIS/Medicare 50510319-012170 $138 $0 1. Expense Information Tech/Reserves/Reserve for Continenc 50519981-099910 $0 $43,154 103 RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2021. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATiMNEY VA• Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 11, 2021 Subject: Miscellaneous Budget Amendment 004 Description and Conditions 1. Various grants budgeted and approved in FY 2019/2020, have not been expensed, and need to be rolled over into the new fiscal year. Exhibit "A" appropriates the grants and expenses for, Community Transportation Coordinator (SRA) transportation grants $10,810,005, Section 8/HUD CARES Act $89,807, EMPG Grant-COVID-19 $13,507, SHIP Grant $72,649, HUD grants $67,522, CDBG Grants $683,613, various grants programmed in the approved Capital Improvement Element $9,004,725, CARES Act $5,727,318 and SHIP CRF Housing $851,752. 2. On August 18, 2020, the Board of County Commissioners approved the Division of Historical Resources Grant for the Jones Pier Residence Stabilization and Museum Planning for $10,725. Exhibit "A" appropriates these grant revenue and expenses. 3. On September 15, 2020, the Board of County Commissioners approved the Recyclables and/ or Disposal Procurement Agreement with Republic Services. The additional transportation costs of $469,600 will be funded with revenue received from Republic Services. Exhibit "A" appropriates the revenues and expenses. 4. On September 15, 2020, the Board of County Commissioners approved the EMS (T0097) Subgrant in the amount of $2,913. The Board also approved the DEP/Sea Level Rising Study Grant for $75,000. Exhibit "A" appropriates the revenue and expenses for both grants. 5. On September 22, 2020, the Board of County Commissioners approved the agreement with the Agency for Health Care Administration (AHCA) for the receipt of Public Emergency Medical Transportation (PEMT) payments. Exhibit "A" appropriates funding of $97,571 from Emergency Services/Reserve for Contingency for payment to AHCA and $158,430 for the anticipated PEMT payment to the County. 6. On December 1, 2020, the Board of County Commissioners approved the EMS County Awards Grant in the amount of $18,951. Exhibit "A" appropriates the revenue and expense for this grant. 7. On December 8, the Board of County Commissioners approved the Library Services and Technology Act Grant in the amount of $9,646. Additionally, the Main Library has received $1,038 in donations. Exhibit "A" appropriates these revenues and expenses. 8. On January 12, 2021, the Board of County Commissioners approved the FDOT SCOP Grant in the amount of $1,128,607. Exhibit "A" appropriates this grant to the Resurfacing 69th Street from 66th Avenue to US1 project. 105 Board of County Commissioners January 11, 2021 9. Funding for the Sebastian Redevelopment District payment was under -budgeted by $5,301. Exhibit "A" appropriates from General Fund/Reserve for Contingency. 10. The County is responsible for the Clerk of Court, Tax Collector and Sheriff's public official bond. Exhibit "A" appropriates funding in the amount of $3,000 from General Fund/Reserve for Contingency. 11. The Property Appraiser has submitted a Department of Revenue approved budget amendment for $13,557. The County's portion is $12,372. Exhibit "A" appropriates $10,672 from General Fund/Reserve for Contingency and 1,700 from Emergency Services/Reserve for Contingency. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. 106 RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2021. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Kristin Daniels, Budget Director Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/5307 Grant 001033-331400 $3,211,054 $0 General Fund/Section 5311 Grant 001033-331423 $26,668 $0 General Fund/Section 5311 Grant/CARES Act 001033-331423-20715 $228,625 $0 General Fund/Section 5339 Grant 001033-331424 $465,235 $0 General Fund/5307 Grant/CARES Act 0011033-331410-20714 $5,880,449 $0 General Fund/FDOT Service Development Grant 001033-334420 $450,000 $0 General Fund/DOT Public Transit Block Grant 001033-334450 $293,475 $0 General Fund/FDOT Transit Corridor Grant 001033-334407 $254,499 $0 General Fund/EMPG Grant-COVID-19 001033-331231-20711 $13,507 $0 MSTU/Find Grant/Jones Pier 004033-337710-18010 $130,000 $0 Rental Assistance/HUD Cares Act-COVID-19 Admin 108033-331600-20713 $89,807 $0 Revenue SHIP/SHIP Grant 123033-334690 $72,649 $0 Native Land/Wildfire Grant 127033-331301-20801 $96,216 $0 CDBG/CDBG Grant 129033-331554-19802 $683,613 $0 SHIP CRF Housing/ Intergovernmental/Coronavirus Relief 131033-331500-20701 $851,752 $0 HUD Grants/COCTRA #FL01131-41-1091907 136033-331601-20803 $17,522 $0 HUD Grants/COCTRA2 #FL0338L4H091906 136033-331601-20807 $50,000 $0 CARES Act/Intergovernmental/Coronavirus Relief 139039-331600-20701 $5,727,318 $0 1. Optional Sales Tax/FDOT Grant 315033-334400-06041 $6,585,891 $0 Optional Sales Tax/SCOP Grant 315033-334400-16023 $1,946,618 $0 Optional Sales Tax/IRL Grant -Jones Pier 315033-337700-18010 $61,000 $0 Optional Sales Tax/IRLNEP, Grant -Lost Tree 315033-337300-20001 $65,000 $0 Optional Sales Tax/Find Grant -Oyster Bar 315033-337710-18009 $120,000 $0 Total Revenue $27,320,898 General Fund/Community Transportation Coordinator/SRA/Equipment 00111041-066490-54001 $3,211,054 $0 General Fund/Community Transportation Coordinator/SRA-5311-CARES Act 00111041-088230-20715 $228,625 $0 General Fund/Community Transportation Coordinator/SRA 00111041-088230-54001 $1,489,877 $0 General Fund/Community Transportation Coordinator/SRA-5307 CARES Act 00111041-088330-20714 $5,880,449 $0 General Fund/Emergency Management/EMPG- Other Operating Su lies-COVID-19 00120825-035290-20711 $13,507 $0 MSTU/Parks/58th Ave Ballfields Renovations 00421072-066510-18010 $130,000 $0 Expense Section 8- HUD Cares Act/Salaries 10822264-011120-20713 $40,000 $0 Section 8- HUD Cares Act/Social Security 10822264-012110-20713 $3,200 $0 Section 8- HUD Cares Act/Retirement 10822264-012120-20713 $4,000 $0 Section 8- HUD Cares Act/Health Insurance 10822264-012130-20713 $5,000 $0 Section 8- HUD Cares Act/Medicare 10822264-012170-20713 $600 $0 Section 8- HUD Cares Act/Office Supplies 10822264-035110-20713 $5,000 $0 Section 8- HUD Cares Act/Interdept Reimbursements 10822264-036990-20713 $32,007 $0 SHIP/SHIP Purchase Loan Assistance 12322869-088070 $72,649 $0 1 of 3 Kristin Daniels, Budget Director Entry Number Type Fund/ Department/Account Name Account Number Increase Decrease Native Lands/Other Contractual Services/County Wide Wildfire Mitigation 12721037-033490-20801 $96,216 $0 CDBG/CDBG/Other Professional Services 12913054-033190-19802 $56,666 $0 CDBG/CDBG/Interdepartment Charges 12913054-036900-19802 $3,300 $0 CDBG/CDBG/Other Contractual Services 12913054-033490-19802 $623,647 $0 SHIP CRF Housing/Recreation/Inter-Dept Charges 13110872-036990 $20,000 $0 SHIP CRF Housing/Planning/Inter-Dept Charges 13120515-036990 $20,000 $0 SHIP CRF Housing/CRF/Other Professional Services 13122869-033190 $5,000 $0 SHIP CRF Housing/CRF/Contracted Labor Services 13122869-033470 $30,000 $0 SHIP CRF Housing/CRF/Postage 13122869-034210 $500 $0 SHIP CRF Housing/CRF/Outside Printing 1 31 2286 9-0 34720 $500 $0 SHIP CRF Housing/CRF/Computer Software 13122869-035120 $6,000 $0 SHIP CRF Housing/CRF/Mortgage Payment Assistance 1 31 22869-088 081 $384,876 $0 SHIP CRF Housing/CRF/Rental Payment Assistance 13122869-088082 $384,876 $0 HUD Grants/COCTRA #FL01131-41-1091907 13616364-036730-20803 $17,522 $0 HUD Grants/COCTRA2 #FL03381-41-1091906 136196364-036730-20807 $50,000 $0 CARES Act/BCC Operations/Inter-Dept Charges 13910111-036990 $148,847 $0 CARES Act/Agencies/United Way 13911059-088006 $943,751 $0 CARES Act/Agencies/City of Vero Beach 13911059-088110 $415,103 $0 1. Expense CARES AcUAgencies/Fellsmere 13911059-088115 $262,709 $0 CARES Act/Agencies/Indian River Shores 13911059-088125 $51,330 $0 CARES Act/Agencies/State Health Department 13911059-088190 $400,000 $0 CARES AcUAgencies/Community Transportation Coordinator 13911059-088230 $91,910 $0 CARES Act/Agencies/City of Sebastian 13911059-088520 $417,631 $0 CARES Act/Agencies/Community Support 13911059-088711 $14,056 $0 CARES Act/Agencies/Cleveland Clinic 13911059-088712 $100,000 $0 CARES Act/Agencies/Town of Orchid 13911059-088713 $47,745 $0 CARES Act/Agencies/Treasure Coast Community Health 13911059-088714 $27,950 $0 CARES Act/Agencies/Small Business Grants 13911059-088715 $660,000 $0 CARES Act/Agencies/Economic Development & Support 13911059-088716 $60,000 $0 CARES Act/Agencies/State Agencies 13911059-088717 $7,039 $0 CARES Act/Mortgage Assistance Payment 13922869-088081 $500,000 $0 CARES Act/Rental Assistance Payment 13922869-088082 $1,500,000 $0 CARES Act/Clerk of Court 13930086-099020 $29,403 $0 CARES Act/Tax Collector 13940086-099070 $49,667 $0 CARES Act/Property Appraiser 13950086-099060 $177 $0 Optional Sales Tax/Oyster Bar Boardwalk & Parking 31521072-066390-18009 $120,000 $0 Optional Sales Tax/Parks/Lost Tree Conservation Improvements 31521072-066510-20001 $65,000 $0 Optional Sales Tax/Jones Pier Improvements 31521072-066510-18010 $61,000 $0 9 2of3 Kristin Daniels, Budget Director Envy Type Fund/ Department/Account Name Account Number Increase Decrease Number Optional Sales Tax/43rd Ave/18th to 26th St 31521441-066510-06041 $6,585,891 $0 1. Expense Optional Sales Tax/58th Ave Reclamation 57th 31521441-066510-16023 $1,946,618 $0 Street to CR 510 Total Expense $27,320,898 Revenue MSTU Fund/Jones Pier Residence Stabilization & 004033-334703-18010 $10,725 $0 2 Museum DHS Grant Expense MSTU/Parks/Jones' Pier Improvements 00421072-066510-18010 $10,725 $0 Revenue SWDD/Recycling Sales -Republic 411034-343451 $469,600 $0 3. Expense SWDD/Recycling/Other Contractual Services 41125534-033490 $469,600 $0 General Fund/EMS/Hazard Materials Grant 001033-334292 $2,913 $0 Revenue MSTU/DEP/Sea Level Rising Study Grant 004033-334300-20043 $75,000 $0 4. General Fund/Emergency Mgmt/Other Operating 00120825-035290-06807 $2,913 $0 Expense Su lies/Hazard Material Grant MSTU/Env.Planning/Other Professional $75,000 $0 Services/DEP-Sea Level RisingStudy00420724-033190-20043 Revenue Emergency Services/PEMT Program Distribution 114034-342611 $158,430 $0 5. Emergency Services/Fire Rescue/PEMT Program 11412022-035290-20023 $256,001 $0 Expense Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $97,571 Contingency Revenue Emergency Services/EMS Grant 114033-334290 $18,951 $0 6' Expense Emergency Services/Fire Rescue/EMS County 11412022-066910 $18,951 $0 Awards Capital General Fund/DOS/LSTA Grant 001033-331719 $9,646 $0 Revenue General Fund/Main Library Donations 001038-366095 $1,038 $0 7. General Fund/Main Library/Operating Supplies 00110971-035290 $9,646 $0 Expense General Fund/Main Library/Books 00110971-035450 $1,038 $0 Revenue Secondary Roads/ SCOP Grant/Resurfacing 69th 109033-334400-19003 $1,128,607 $0 8 Street/66th Ave -US 1. Expense Secondary Roads/Resurfacing 69th Ave/66th Ave- 10921441-053360-19003 $1,126,607 $0 Usi General Fund/Agencies/Sebastian Redevelopment 00113719-088220 $5,301 $0 9. Expense District General Fund/Reserve for Contingency 00119981-099910 $0 $5,301 General Fund/BCC/Surety Bonds 00110111-034540 $3,000 10 Expense General Fund/Reserve for Contingency 00119981-099910 $0 $3,000 General Fund/Budget Transfer -Property Appraiser 00150086-099060 $10,672 $0 General Fund/Reserve for Contingency 00119981-099910 $0 $10,672 11. Expense Emergency Services/Fire Rescue/Budget Transfer- 11412022-099060 $1,700 $0 Property Aporaiser Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $1,700 Contin enc 110 3 of INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 11, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Agreement with Creative Solutions Companion Care Services, LLC for Emergency Vaccine Administration Services BACKGROUND AND DISCUSSION: As vaccines for COVID become available, assistance is necessary to administer them to members of the community. Emergency Services staff reached out to Creative Solutions Companion Care Services, LLC ("Creative Solutions"), who was recently awarded bid 2020032 for Medical Services at Persons with Special Needs Shelter to request a proposal for these services. Creative Solutions has agreed to provide registered nurses to administer the vaccines at a rate of $47.50 per hour, plus $150 per diem if traveling from outside the local area, and administrative clerks to document the administration of the vaccines for $18.00 per hour. To ensure coverage for necessary distribution events, the County Administrator executed the agreement under his authority. Staff requests the Board formally authorize the agreement, in the event the need for vaccine administration services will exceed the Administrator's authority and to ensure availability of supplemental staff to vaccinate the community. FUNDING Funding for the costs will be made available in General Fund/COVID/Vaccination Project, Account 00117522-088722 from the CARES Act. RECOMMENDATION Staff recommends the Board waive the requirement for bids and authorize the Chairman to execute the agreement with Creative Solutions. ATTACHMENTS: Agreement 111 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Creative Solutions Companion Care Service, .LLC (hereinafter called PROVIDER). OWNER and PROVIDER, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK PROVIDER shall provide Registered Nurses capable of administering vaccinations during emergency situations, and Administrative Clerks to provide clerical support at locations as identified by OWNER ("Distribution Location") for the length and period of time as dictated by OWNER. ARTICLE 2 - CONTRACT TERM The term of this agreement is one year. ARTICLE 3 - CONTRACT PRICE OWNER shall pay PROVIDER a rate of $47.50 per hour, per Nurse. OWNER shall pay PROVIDER a per diem rate of $150 per nurse for nurses that travel more than 45 miles to the Distribution Location. Owner shall pay PROVIDER a rate of $18.00 per hour per Administrative Clerk. ARTICLE 4 - PAYMENT PROCEDURES OWNER shall make periodic payments no more than once weekly, after receipt of invoice providing sufficient detail and documentation of hours worked per nurse and eligibility for per diem. All payments for services shall be made to the PROVIDER by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 5 - INDEMNIFICATION PROVIDER shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the PROVIDER and persons employed or utilized by the PROVIDER in the performance of the Work. ARTICLE 6 - PROVIDER'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement PROVIDER makes the following representations: A. PROVIDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 112 B. PROVIDER does not consider that any further examinations, investigations; explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, during the Contract Term, and in accordance with the other terms and conditions of the agreement. C. The agreement is generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. D. PROVIDER is registered 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 the duration of this agreement, as required by Section 448.095, F.S. PROVIDER is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. . ARTICLE 7 MISCELLANEOUS 7.01 Assignment of Contract No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the agreement. 7.02 Successors and Assigns OWNER and PROVIDER each binds itself, its partners; successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the agreement. 7.03 Severability Any provision or part of the agreement held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and PROVIDER, who agree that the agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 7.04 Venue This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 7.05 Public Records Compliance 113 A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Provider shall comply with Florida's Public Records Law. Specifically, the Provider shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Provider does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Provider or keep and maintain public records required by the County to perform the service. If the Provider transfers all public records to the County upon completion of the contract, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the contract, the Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Provider to comply with these requirements shall be a material breach of this Agreement. ARTICLE 8 — FEDERAL CLAUSES 8.01 OWNER and PROVIDER will adhere to the following, as applicable to this work: A. Suspension and Debarment (1) This agreement is a.covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Provider is required to verify that none of the Provider, its principals (defined at 2 114 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Provider must comply with.2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpartC and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the Provider 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 Florida Department of Emergency Management (FDEM) and Indian River County, the Federal Government .may pursue available remedies, including but not limited to suspension and/or debarment. (4) The Provider 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 Provider further agrees to include a provision requiring such compliance in its lower tier covered transactions. B. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Providers who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. C. Access to Records (1) The Provider agrees to provide FDEM, Indian River County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Provider which are directly pertinent to this contract.for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Provider agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Provider agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being. completed under the contract. D. DHS Seal, Logo, and Flags: The Provider shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Provider will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. F. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Provider, or any other party pertaining to any matter resulting from the contract. 115 G. Program Fraud and False or Fraudulent Statements or Related Acts: The Provider acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims. and Statements) applies to the Provider's actions pertaining to this contract. H. AFFIRMATIVE STEPS: PROVIDER shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements; when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 9: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by PROVIDER and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion PROVIDER is improperly performing work or violating any provision(s) of the Agreement; (2) if in the OWNER's opinion PROVIDER's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if PROVIDER assigns this Contract or any money accruing thereon or approved thereon; or, (5) if PROVIDER abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for PROVIDER or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify PROVIDER in writing of the grounds for termination, and provide PROVIDER with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the PROVIDER fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying PROVIDER in writing. Upon receiving such notification, PROVIDER shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site. D. The PROVIDER shall be liable for: (1) any new cost incurred by the OWNER in soliciting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. 116 E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate PROVIDER's services and work for OWNER's convenience. Upon receipt of notice of such termination PROVIDER shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Provider shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by PROVIDER as are permitted by the prime contract and approve6by the OWNER. Provider shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: PROVIDER certifies that it and those related entities of PROVIDER 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, PROVIDER certifies that it and those related entities of PROVIDER as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if PROVIDER is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector.List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if PROVIDER, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and PROVIDER have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and PROVIDER. All portions of the Agreement have been signed or identified by OWNER and PROVIDER.or on their behalf. 117 This Agreement will be effective on January 6, 2021. OWNER: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Tad Stone Title:. Emergency Services Director Address: 4225 43`d Ave, Vero Beach, FL 32967 Phone: 772-226-3947 Email; tstone@ircgov.com PROVIDER: Creative Solutions Companion Care Service, LLC By: (Provider) (CORPORATE SEAL) Attest Designated Representative: Name: Title: Address: Phone: Email: (If PROVIDER is a corporation or a partnership, attach evidence of authority to sign.) 118 Sherift Eric Flowers �r�aw�tcoG 3 y` Indian River County Sheriff's Office ORM January January 8, 2021 The Honorable Joseph E. Flescher Indian River County Board of County Commissioners 180127 1h Street Vero Beach, FL 32960 Dear Chairman Flescher: I respectfully request to be placed on the January 19, 2021 Board of County Commissioner's Agenda in reference to the safety and security of the Indian River County Sheriff's Office complex. I am requesting funding for improvements: If you should need any additional information, please contact me at 772-978-6404. Sincerely, CL� Eric Flowers Sheriff EF:nmj 4055 41st Avenue • Vero Beach, FL 32960 9 (772) 569-6700 • www.iresheriff.org 'Q@%19 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: January 11, 2021 SUBJECT: Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2021. BACKGROUND On April 3, 2020, Mr. Jacob Allenbaugh filed an appeal of County staff's determination that a single-family home could not be built on a property containing a nonconforming communications tower. On July 23, 2020, the Planning and Zoning Commission (PZC) made a finding that staff's determination did not fail any of the three areas outlined in LDR Section 902.07(4), denied the appeal, and wholly affirmed staff's determination by a vote of 5-2 (see Attachment 1). While affirming staff's determination, several members of the PZC, in acknowledgement of the unique set of facts regarding the subject property, discussed the appellant's options for further appeal. On September 22, 2020, the Board of County Commissioners (BCC) made a finding that the PZC's determination did not fail any of the three areas outlined in LDR Section 902.07(4), denied the appeal, and wholly affirmed staff and the PZC's determination by a vote of 4-1 (see Attachment 2). As part of the approved motion, the BCC directed staff to revisit the current applicable County land development regulations (LDRs), and to return back with an LDR amendment that would allow a maximum of two .single-family homes to be constructed on the subject property. The BCC also provided specific direction on other criteria that should be included in the proposed amendment (see the analysis section of this report -for more details). In response to the direction provided by the BCC, Community Development staff has coordinated with the County Attorney, and prepared a narrowly focused amendment to Section 904.05 of the County LDRs (the Nonconformities Chapter). If adopted, the proposed amendment will allow construction of a maximum of two single-family homes on a property containing a nonconforming communications tower, and provides for additional criteria (see Attachment 4). The BCC is now to consider the proposed LDR amendment and is to adopt, adopt with modifications, or deny the proposed amendment. 120 PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its meeting of December 10, 2020, the PZC voted 5-0 to recommend that the BCC adopt the proposed amendment (see Attachment 3). ANALYSIS Per Section 904.05 of the County LDRs: [DJevelopment... of structures on property with site -related nonconformities... may be permitted provided that such additions... do not increase the degree of the existing site -related nonconformity. Staff's original determination was that the property in question contained an existing site -related nonconformity (i.e. a 500 foot tall communications tower) because the current County LDRs prohibit commercial communications towers 150 feet and taller in the A-1 zoning district. Furthermore, the current LDRs require that communications towers be located (setback) a distance more than equal to three hundred (300) percent of the tower height from the nearest residential dwelling (existing or under construction). Therefore, the proposal to construct a new residential dwelling that was less than the currently required 300% setback was an increase in the degree of the site -related nonconformity which is not permitted under Section 904.05. Based on direction provided by the BCC, staff has prepared a narrowly focused amendment to the Nonconformities Ordinance (Chapter 904) to accommodate a fairly unique nonconforming situation. The proposed amendment does not include any changes to the County's current tower regulations. It should also be noted that the proposed LDR amendment includes certain criteria and safeguards, as outlined during the BCC's deliberations. Those criteria are as follows: • No more than two single-family homes shall be constructed on a property containing a nonconforming tower; • All applicable zoning district criteria (allowable uses) and other zoning requirements (density, setbacks, lot size, etc.) shall be met; • Any new single-family home shall be setback a minimum of 250 feet from the nonconforming tower; and • The property owner (and successors and assigns) shall enter into a hold harmless agreement with the County through an appropriate instrument acceptable to the County Attorney's Office. If adopted, the proposed LDR amendment will implement the above -referenced criteria. Staff acknowledges that the proposed amendment will only apply to very few nonconforming tower properties within the County, and supports the proposed LRD amendment. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed amendment to the nonconformities ordinance Section 904.05. 121 ATTACHMENTS 1. Excerpt from July 23, 2020 PZC Minutes 2. Excerpt from Draft September 22, 2020 BCC Minutes 3. Excerpt from Draft December 10, 2020 PZC Minutes 4. Proposed Ordinance 122 Jacob e�fl nbaugJ:Ds a pea ori jf ® ecision �b� he Community) evelopmeni�irec or a cons ruc ion`er oa residence on pie y a 3g�7 ''-Fee ' tih s legs nonconforming 5��'1751 communica ions ower is no a o� un er coun y regu a ions98030058 Q Q uasi- u ictal]) airperson Mr T'o�caBrognano askedhe commissioners to revea any ex - par a communication wiTh-the applicant or any coni at would not alloo o ma e�biaseaYecision. Tihe_mem ers stafed-t— hey ha�c not had any ex (pafte communicca ion) (fhesecre dry adminierg ed-theiesfimonial oath -to osepresen w wishedo speak at"tonighis mee{ing on tfiis_ma der. Rr_�_�yan weeney reviewed forma ion regar mg hhe appeal_ot_a-dension Eby the ommuni y-Developmen irector an gave a ower oin_presentation, copies ofwhich are on TH T 1n theBoard o oun y ommissioners ==ice. CAS of r daiTinhe7imeCine oche case as we 1asthe aprpeal criteria; h� recom,edhafh,e FZC-fin�cha thn sta�F's�_c e e rminatio�ia not fail any o�ihe (three criteria areas ou inedinCDR-S-RcTion -07(4)eny e appeal anawholTyj a irm staff'-s-ae�in "anon. l . yan weeney, along Mr. bill-DeB-Faa ,e�D putt' Coun y orney, an `IVIr. hi1TTp Ma son, ommunify Developmen irec or, answeredquestions from hey (Commissioners regarding zoning dacctregulations a -s7 e oe` ubTec rope y. I App icantMr: Jacob -Al enbaugh clanfiie-d-the bnsis foci eh appeal aTs 11 as (his _reasonsor�ing o p_urc ase_ e_ ublec roper y_an_ui1aa_resi-deor (Fl sfiam1Ty) F d( N-MOTILIN-BY-Mrr arry l owle,- ELQND-ED-BY`I171r�1. (Jor an_ewa ,e members OT -013A __ o gran e a�pplic 's appea on is uasi- ficial ma er. 1 (Al anRol ack—w ich r., rip Lanaers�hairperson (Todd-Brognano anc7-Dr: Jonathan Day were_ h� o _posing vo es_an-thissmotion faile-c l (ON`MOTIDTTBY'Mr:_AI_anPolackwich fir:, S�VC ND -ED] (BY -Mr. �FTip Lana -3 erste, he mem ers voie�Ic 5 approve s afif recom�a ions) on his uasi- -5-di taimatterby denying the appeal�ased on in�ic inga s a properyT'metihe three appea i 123 (F, I o_wfe wq —reW IJ an -a ithis mo passed. (� isD' cssionollowe� Jarding approaches a app lean could a iTize o (accomplish inl is mission o "Qildi a residence qn .esu jec pie l y. Commissioner's Matters There were none Planning Matters Mr. Ryan Sweeney noted that the next scheduled meeting on August 13, 2020 will likely not occur but that meetings would likely begin meeting more regularly in the coming months. Attorney's Matters There were none. Adjournment ig adjourned at 7:54 p.m 124 Indian River County Florida G� * * Meeting Minutes - Draft. �ORI�� Board of County Commissioners Tuesday, September 22, 2020 Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 9:00 AM Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ir6gov.com Commission Chambers This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1.2.A.1. 20-1948 Jacob Allenbaugh's Appeal of a Decision by the Planning and Zoning Commission that Construction of a Residence on Property at 6390 77th Street with a Legal Nonconforming 500' Tall Communications Tower is not allowed under County Regulations Recommended Action: Based on the analysis performed, staff recommends that the Board of County Commissioners: 1. Make a finding that staff and the PZC's determination did not fail any of the three areas outlined in LDR Section 902.07(4), and 2. Deny the appeal and wholly affirm staff and the PZC's determination. Attachments: Staff Report Location Map Excerpt from July 23. 2020 PZC Minutes County Code Sections 904.05 and 971.44(1) Appeal Request with Attachments Countv Code Section 902.07 (Appeal Procedures March 12, 2020 Staff Letter with Attachments County Comprehensive Plan Future Land Use Objective 10 Chief of Current Development Ryan Sweeney utilized a PowerPoint presentation to discuss Jacob Allenbaugh's request to develop the property at 6390 77th Street which had been denied because of the presence of a 500' communications tower. Chief Sweeney gave an overview of the timeline of the request and confirmed that the Planning and Zoning Commission (PZC) did not fail any of the three (3) criteria outlined in the Land Development Regulations Section 902.07(4). He was agreeable with staff and the PZC's determination. Indian River County Florida 12R5ge 1 Attachment 2 Board of County Commissioners Meeting Minutes - Draft September 22, 2020 Vice Chairman Flescher: sought and received clarification from Chief Sweeney that Mr. Allenbaugh was interested in purchasing the property. Commissioner O'Bryan agreed that the PZC did make the correct decision; however, he felt that the County could find a way to allow Mr. Allenbaugh to build a home on the property as long as there was a deed restriction to hold the County harmless of any future liability. A discussion ensued between Mr. Allenbaugh, the Board and staff to clarify how many residences would be built on the property, and they determined that two homes would be allowed; one on the parcel at the front of the property; and one on the parcel at the back of the property. It was determined that the middle parcel would include the tower. Mr. Allenbaugh was agreeable to the deed restriction. Commissioner O'Bryan made a motion that included establishing a 200 foot fall zone radius for the parcel that included the tower. Following further Board discussion, the Commissioner agreed to amend his motion to change. the fall zone radius from 200 feet to 250 feet. Chairman Adams opened the floor to public comment. Jim Parks, 6550 77th Street, thanked the Board for their decision. An amended motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to: 1) confirm that the Planning and Zoning Commission made the proper finding under the three (3) criteria; 2) approve the Appellant's request to utilize the property, directing staff to establish a 250 foot radius setback, which would allow the property to be divided into two parcels for residential construction; and 3) directed the Appellant to work with the County Attorney on a deed restriction that indemnifies the County from any future liability related to the tower on the property. The motion carried by the following vote: Ayer 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan . Nay: 1- Commissioner Solari Indian River County Florida 126ge 2 Attachment 2 PLANNING AND ZONING COMMISSION . There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, December 10, 2020 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th. Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov.com/Boards/PZC/2019. Present were members: Vice Chairperson Dr. Jonathan Day, District 4 Appointee; Ms. Beth Mitchell, District 1 Appointee; Mr. Alan Polackwich, Sr., District 2 Appointee; Mr. Curtis Carpenter, District 3 Appointee; Mr. Jordan Stewart, Member at Large; and Teri Barenborg, School Board Representative. Also, present were IRC staff: Mr. Dylan Reingold, County Attorney; Mr. Phil Matson, Community Development Director; Mr. Ryan Sweeney, Chief of Current Development; and Ms. Vanessa Desnoyers, Recording Secretary. Due to the coronavirus pandemic, there was sufficient room within the chambers to satisfy recommended social distances measures. Call to Order and Pledge of Allegiance Vice Chairperson Dr. Jonathan Day called the meeting to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda Mr. Sweeney introduced Mr. Carpenter, Appointee for District 3, to the Commission and stated that he will replace Mr. Chip Landers. Approval of Minutes ON MOTION BY Mr. Alan Polackwich, SECONDED BY Ms. Beth Mitchell, the members voted .unanimously (5-0) to approve the minutes of the October 22, 2020 meeting as presented. Vice l' airperson �_r.onaihan Day !gaa e�foflowLng Ino'Pi recor_ 127 Attachment 3� A( ]. (Go nsiaeraTio�a Proposed-La�cn-Development-Regulatio�men d ment-too ap er -(N oncon o_rmi i e s Legislative R . RYan weeney revieweain o� rmaiion reg�Tng a propose - o�lcr Tnance and gave a PowerPoi presen aion, copies oT which are on til IFFth Bo i oun y ommissioners �) 6 icff`ffrecommencls ha the PZ recommen 1 theBCS ado the propose non -conforming towers amen men or TnanAt Is MiThef1 ques io' nea in ®previous ommissi-onmee ing) w ere ommissionerBryan discussea-fii�esire%hav_e a_ eek res riciion�! ow (tha a fec he L'6R, or ifi items i`fiies wh commissioner gbryan was a eMLP-ting� (to do wifhffiis reques . r: Reingo resp atih`the�cTscussion in 465 subsion (7 -,It statesihaf"The proper y owner an the prope y owners successors assigne an i s c issio_ne=cers and employees, and agentharmless f- any Maims or amages re a mg o e gran mg osuch—hori "-He cfarified7satingj e_wou'd envisionthariwas_par o Th-e-de�opmen review process. (Mr. Sweeney — § th�� a��sp�ecificafy sf ay "dee-d_restrictionj @ecause it d e a n_ use=mins tLumen s, epgna g on the mechanism. Dr) ay ques lone the reason SIM is omg this; ue o ou a�e`dregu�iations; or if e change is signifcan othe curren situation. Mr. Sweeney resMt I is o a dress a very unique scenario: Fie—s ate -c i*hat`he doesn'tnecessari yhn� ifi e regulations are ou ated, buiihe concep o no a ow l—ing ssife relaTed non - con ormiiies_ o_ e_ex en a _or expan a _upon is sti1T a piTTa y ical zoning an iha r� egard; itis no ou ate--ic 'lie believes iris tie righ�tthi� ngto�ic o iri this unique situafion, fixing_a specific challenge. 03-offn--aihan Dayopene lbe�loor for pub-fic commen (There was no pu lic commen . (Dr: Joht�han Day close a floor for public commen (ON-MDTTOTV-BY-Ms: Be-fh-Mjfgchell, SED-GND-ED BY) 9r. oceanewa mem ers Ole- ((�) irecommend-T the�CCaeon the_prop_o_se_ _non- con orming owers amen menu or finance. he mo ion passes unanimously 128 Attachment 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 904.05 (EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITY) OF CHAPTER 904 (NONCONFORMITIES) OF THE CODE OF INDIAN RIVER COUNTY, TO ALLOW FOR SINGLE FAMILY HOMES ON CERTAIN NONCONFORMING PROPERTIES; AND PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. 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 904.05 (Expansion, increase, or change of nonconformities) of Chapter 904,(Nonconformities) of the Code of Indian River County, Florida. New language indicated by underline, and deleted language indicated by strikethrough. Section 904.05 (Expansion, increase, or change of nonconformities) of Chapter 904 (Nonconformities) of the Code of Indian River County, Florida is hereby amended to read as follows: CHAPTER 904. — NONCONFORMITIES Section. 904.05. —Expansion, increase, or change of nonconformities. 7) Single-familv homes on properties with existing nonconformins communications towers. No more than two single family homes, if otherwise permitted in the applicable zoning district, can be allowed to be built, subject to all other zoning requirements, on property with a nonconforming communications tower, so long as the homes are set back at least 250 feet from the communications tower and the property owner, and the property owners' successors and assigns hold the county, and its commissioners, officers, employees and agents, harmless from any claims or damages relating to therg anting of such authoritv. 129 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 Yd day of January, 2021, for a public hearing to be held on the 19th 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. Fiescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of , 202_. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ME ATTEST: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk Joseph E. Flescher, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of , 202_. 130 APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Phillip J. Matson, AICP; Community Development Director 131 LDR Amendment to Chapter 904 Nonconformities Changes to Nonconforming Communications Towers Board of County Commissioners January 19, 2021 Background • Proposed LDR amendment is a result of an appeal by Mr. Jacob Allenbaugh regarding the ability to build a single- family home on a site with a nonconforming 500' tall communications tower • On July 23, 2020, the PZC denied the appeal of staff s decision, but discussed additional options • On September 22, 2020, the BCC denied the appeal of the PZC's decision, but directed staff to prepare an LDR amendment and provided guidance on certain criteria to include in the LDR amendment 1�9 F) Proposed Ordinance • Goal: allow construction of single-family homes on sites that contain nonconforming communications towers • Criteria included in the ordinance — No more than 2single-family homes — Must meet all applicable zoning district (uses) and requirements (density, setbacks, lot size) Minimum 250' setback from the existing tower — Hold harmless agreement between owner and the County 3 Proposed Ordinance (Continued) • The proposed ordinance does not include any changes to the County's tower regulations • Narrowly focused / unique circumstances • Staff supports the proposed ordinance 11 PZC Recommendation At its meeting of December 10, 2020, the PZC voted 5-0 to recommend that the BCC adopt the proposed ordinance. Staff Recommendation That the BCC adopt the proposed nonconforming towers amendment ordinance. 5 l O fi� MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 7, 2021 SUBJECT: Face Covering Ordinance - LEGISLATIVE BACKGROUND. On July 14, 2020, the Indian River County Board of County Commissioners (the "Board") enacted an emergency face covering ordinance. The ordinance required all persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public to wear face coverings. The ordinance also required all persons entering an indoor County facility and those utilizing public transit and transportation in Indian River County to wear face coverings. All other persons physically present in any public place were strongly encouraged to wear face coverings. The ordinance contained various exceptions, and although the ordinance was intended to serve as a mechanism to seek voluntary compliance, the ordinance did include the ability to issue citations for noncriminal, civil infractions. The ordinance applied throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. That ordinance was set to expire on September 15, 2020, however, on that date, the Board enacted Ordinance 2020-10, which continued the requirements and recommendations, with a change to two of the exemptions, until November 17, 2020. On September 25, 2020, Governor Ron DeSantis issued Executive Order 20-244, which stated that "[t]his order, consistent with Executive Order 20-92, suspends the collection of fines and penalties associated with COVID-19 enforced upon individuals." On November 17, 2020, the Board adopted Ordinance 2020-17, continuing the requirements and recommendations set forth in Ordinance 2020-10 until January 19, 2021. Ordinance 2020-17 did have a reduction in the number of whereas clauses and the Penalties and Enforcement section was modified to state "[c]onsistent with Executive Order 20-244, there shall be no collection of fines and penalties from individuals for any violation of this Ordinance." Ordinance 2020-17 sunsets on January 19, 2021. The County Attorney's Office has drafted the attached proposed ordinance and provided legal notice of the public hearing on the proposed ordinance. The proposed ordinance continues the requirements and recommendations set forth in Ordinance 2020-17 until March 16, 2021. The County Attorney's Office recommends that the Board adopt the proposed ordinance. 132 Board of County Commissioners January 7, 2021 Page 2 FUNDING. The cost of publication of the required public notice for the public hearing was $128.25. The cost was funded from the Cares Act Fund/County Attorney's Office/Recording Fees (account number 13910214- 034830). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Indian River County Board of County Commissioners vote to adopt the proposed ordinance. ATTACHMENT(S). Draft Face Covering Ordinance 133 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR ADOPTION OF RECITALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. WHEREAS, COVID-19, a respiratory illness caused by a virus that spreads rapidly from person to person that can cause serious illness or death, constitutes a clear and present threat to the lives, health, welfare, and safety of the people of Indian River County; and WHEREAS, on March 1, 2020, Governor Ron DeSantis, in his capacity as Governor of the State of Florida, issued Executive Order 20-51, directing the declaration of a public health emergency and establishing the State of Florida's response to COVID- 19; and WHEREAS, on March 1, 2020, the State Surgeon General declared a public health emergency in the State of Florida; and WHEREAS, the Centers for Disease Control and Prevention (CDC) advises that COVID-19 spreads mainly from person to person through respiratory droplets produced when an infected person coughs, sneezes or talks; these droplets can land in the mouths or noses of people who are nearby or possibly be inhaled into the lungs; and studies and evidence on infection control report that these droplets usually travel around 6 feet; and WHEREAS, The CDC advises that a significant portion of individuals with coronavirus lack symptoms ("asymptomatic") and that even those who eventually develop symptoms ("pre -symptomatic") can transmit the virus to others before showing symptoms. This means that the virus can spread between people interacting in close proximity -- for example, speaking, coughing, or sneezing -- even if those people are not exhibiting symptoms; and WHEREAS, the CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain in order to slow the spread of the virus and help people who may have the virus and do not know it from transmitting it to others; and WHEREAS, The CDC does not recommend wearing cloth face covering for children under the age of 2, or anyone who has trouble breathing, or is unconscious, incapacitated or otherwise unable to remove the mask without assistance; and WHEREAS, cloth face coverings are relatively inexpensive and readily available as the CDC states they can be made from household items and provides online guidance for making "do-it-yourself' coverings for people that cannot or do not want to buy one from the increasing sources producing and selling coverings; and 134 WHEREAS, the CDC, the Florida Department of Health and the University of Florida recommend the use of face coverings, including those which are homemade to slow the spread of the disease; and WHEREAS, in a recent United States Supreme Court Case, the Court denied injunctive relief where California limited attendance at places of worship due to COVID- 19. Chief Justice Roberts described COVID-19 as "a novel severe acute respiratory illness that has killed... more than 100,000 nationwide" and noted that "(a)t this time there is no known cure, no effective treatment, and no vaccine" and "(b)ecause people may be infected but asymptomatic, they may unwittingly infect others." Chief Justice Roberts also stated the precise question of when restrictions on particular social activities should be lifted during the pandemic is a dynamic and fact -intensive matter subject to reasonable disagreement. Our Constitution principally entrusts '(t)he safety and the health of the people' to the politically accountable officials of the States' to guard and protect' ... When those officials 'undertake() to act in areas fraught with medical and scientific uncertainties, 'their latitude' must be especially broad.' ... Where those broad limits are not exceeded, they should not be subject to second-guessing by 'an unelected federal judiciary,' which lacks the background, competence, and expertise to assess public health and is not accountable to the people." S. Bay United Pentecostal Church v. Newsom, 140 S. Ct. 1613; and WHEREAS, Alachua County issued Emergency Order 2020-21 requiring face masks in certain circumstances. The County's Emergency Order was challenged in State Circuit Court and in Federal District Court. Both Courts issued Orders denying Plaintiffs' Emergency Motions for Temporary Injunction. In denying the request for temporary injunction, State Circuit Judge Donna M. Keim stated, "The protection of the safety and welfare of the public is inherent in the role of local government ... The requirement to wear a facial covering during the limited circumstances set forth in the ordinance is a minimal inconvenience; and, its benefits to the public in potentially reducing the spread of COVID- 19 outweighs any inconvenience." "Here, there is a global pandemic involving COVID- 19, a virus which the CDC and others advise is spread through airborne transmission and is spread by asymptomatic individuals. Multiple sources relied upon by the County reflect that mitigation is dependent upon the use of social distancing and personal protection equipment, such as face masks/coverings. The County's need to take measures to control the spread of COVID-19 clearly outweighs the Plaintiffs private interest in not wearing a mask in the limited circumstances required by the county's emergency order; and an injunction in this situation would disserve the public interest." Green v. Alachua County, Case No.: 01- 2020- CA- 001249 (Order dated May 26, 2020). See also: Ham v. Alachua Countv Board of County Commissioners et. al., Case No. 1: 20cv111- MW/ GRJ (Order dated June 3, 2020 by Chief United States District Judge Mark E. Walker) ("Plaintiffs have not demonstrated that Alachua County exceeded its broad limits and this Court, like the Supreme Court, will not engage in second guessing"); and 135 WHEREAS, the Florida Medical Association President Dr. Ronald Giffler issued a statement saying that "the Florida Medical Association, the state's largest physician organization, encourages local officials to adopt regulations requiring individuals to wear face coverings in public places" and applauded municipalities in Florida that have already adopted mandatory mask use ordinances; and WHEREAS, the CDC and Florida. Department of Health continue to remind residents that by wearing a face covering, the resident protects others from exposure as well as themselves; and WHEREAS, additional steps are needed to minimize the spread of COVID- 19 in response to the recent spike in positive COVID-19 cases and hospital admittances; and WHEREAS, per CDC guidance, persons working in restaurants and businesses frequently come into close contact with members of the public and thus have a greater risk of spreading COVID-19. Wearing face coverings will significantly help reduce the spread of COVID-19 in Indian River County; and WHEREAS, on June 26, 2020, the County Administrator issued Emergency Order No. 20-15 concerning face coverings; and WHEREAS, in determining whether to enact this Ordinance, the Indian River County Board of County Commissioners considered information received from the Department of Health, the State Surgeon General, the CDC and other health care providers and medical professionals regarding challenges raised at this point in time by COVID-19; and WHEREAS, adopting face covering requirements via ordinance, as opposed to local emergency powers, would permit enforcement through civil citations and fines instead of criminal prosecution as a second-degree misdemeanor; and WHEREAS, on July 14, 2020, the Board enacted Ordinance 2020-09, which established certain face covering requirements and recommendations; and WHEREAS, on September 15, 2020, the Board enacted Ordinance 2020-10, which continued and established certain face covering requirements and recommendations; and WHEREAS, on November 17, 2020, the Board enacted Ordinance 2020-17, which continued the face covering requirements and recommendations; and WHEREAS, Ordinance 2020-17 sunsets on January 19, 2021, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted 136 Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein and adopted as the legislative findings of the Indian River County Board of County Commissioners. Section 2. Face Coverings 1. All persons working in restaurants, grocery stores, food service, salons, gyms, any retail establishments, or businesses open to the public or any other indoor facility visited by the public shall wear face coverings. 2. All persons entering an indoor County facility including, but not limited to; the County Administration Building, libraries, iG center, fire rescue stations, etc. shall wear face coverings. 3. All persons utilizing public transit and transportation in Indian River County shall wear face coverings. 4. All other persons physically present in any public place in Indian River County are strongly encouraged to wear face coverings. 5. A face covering includes any covering which snugly covers the nose and mouth, whether store bought or homemade, and which is secured in place. Persons who wear masks should review the CDC and Florida Department of Health guidelines regarding properly and safely applying, removing, and cleaning masks. 6. EXCEPTIONS: A face covering shall not be required for the following persons: A. Persons under the age of six years; B. Employees for whom a face covering would cause impairment due to an existing health condition or disability; C. Persons working in a business or profession who maintain social distancing from another person or work in their personal office with no interactions from other persons; D. Persons working in a business or profession where use of a face covering would prevent them from performing the duties of the business or profession; E. Persons exercising, while maintaining social distancing; . F. Persons eating or drinking; G. Public safety, fire and other life safety and health care personnel, as their personal protective equipment requirements will be governed by their respective agencies; or 137 H. The requirement shall not apply when a person who is hearing-impaired needs 'to see the mouth of someone wearing a face covering in order to communicate. Section 3. Penalties and Enforcement. Consistent with Executive Order 20-244, there shall be no collection of fines and penalties from individuals for any violation of this Ordinance. Section 4. Geographic Applicability. This Ordinance shall apply throughout the unincorporated areas of Indian River County and in County buildings and facilities in the incorporated areas of Indian River County. Section 5. 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 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Sunset Date. This Ordinance shall sunset on March 16, 2021. Section 8. 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 3rd day of January, 2021, for a public hearing to be held on the 19th day of January, 2021, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: 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 day of January, 2021. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 138 ATTEST: Jeffrey R. Smith, Clerk and Comptroller 0 Deputy Clerk Joseph E. Flescher, Chairman This Ordinance was filed by email with the Department of State on the day of January, 2021. 139 Rhonda Zirkle From: forms@ircgov.com Sent: Tuesday, January .19, 2021 10:18 AM To: CBCC-Mail Subject: is [External] Public Comment to the BCC - Covid Vaccination Scheduling Disaster The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Barbara Cook Email barbacook@hotmail.com Address 2101 Indian River Blvd Vero Beach 32960 Phone 772-708-8105 Subject or Agenda Item:. Covid Vaccination Scheduling. Disaster Public. : Re: Covid Vaccination Scheduling, Comment This is so very frustrating.....the Indian River County Covid vaccination appointments opened at 930 this morning for the January 20-21 dates. I was on line.at the appointment site exactly at 9:30. When I tried to schedule an appointment, the site crashed .and said I .had tried too many time. Finally got it reloaded and selected a day and time .... and the response was that it was taken. There is no option for "any day, any time".. When I tried to enter another day and time, the response was that I tried too many times and got dumped out again. When.l called-the IRC number provided to get assistance, 772-226-4000, the response was-that the call line was-overloaded, and to visit the website. When I finally got back in-the website, at:9:39, the response was that all appointments were filled for both days. This is so very frustrating. Is there some: person or group that is blocking everyone else and-getting all the appointments and dumping everyone else out of the site????? More Info: Form Submission Time 1/19/2021 '10:16:13 EST(-0500.GMT) Visitors IP 73.84.145.161 Unique ID 3289d866491887c001191ae55056ab8c --Warning-- This.email was sent to, you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 11 �9 Rhonda Zirkle From: forms@ircgov.com:. Sent: Tuesday, January19, 2021 1:1:14 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - COVID-19 WAITING LIST. The following was sent to all 5 commissioners from the Public Comment form on the County website. :The form serves as one of several options for the public to particpate in a meeting. Name Thomas Haller Email joyhaller@comcast.net Address 9440 seagrape dr 32963 Phone 772 388 9507 Subject or COVID-19 WAITING LIST Agenda Item Public Is it possible that a waiting list will be developed for COVID-19 Vaccinations like St. Lucie County has? Comment Spent another morning trying to get me (82) and my wife (80) appointments on line with no success. THANKS More Info: Form Submission Time 1/19/2021 11:12:38 EST( -0500 GMT) Visitors IP 73.245.142.60 Unique ID 9cObOdf6ed67f85988afb2cO3a8edf57 =-Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- �I Rhonda Zirkle From: forms@ircgov.com Sent: Tuesday, January19, 2021 11:42 AM To: CBCC-Mail . Subject: [External] Public Comment to the BCC - COVID-19 VACCINATIONS The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several. options for the public to particpate in a meeting. Name Joy Haller Email joyhaller@comcast.net Address 9440 seagrape. dr. vero beach Phone 772 388 9507 Subject or Agenda Item COVID-19 VACCINATIONS Public Why don't they allow married.couples over 65 to make ONE appointment to get their Vaccinations.? Comment One on the Drivers side and one on the passenger side? How many cars do they see now with 2 people in them? THANKS More Info: Form Submission Time 1/19/2021 11:39:56 EST(-0500 GMT) Visitors IP 73.245.142.60 Unique ID 17c78e59836c98b805dc6ab0562fc92e .--Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may :cause harm to the organization and should be handled with extreme caution. --Warning-- Randi Wardlow From: forms@ircgov.com Sent: Tuesday, January 19, 2021 12:54 AM To: CBCC-Mail Subject: [External] Public Comment to the BCC - mask ordinance The following was sent to all 5 commissioners from the Public Comment form on the County website. The form serves as one of several options for the public to particpate in a meeting. Name Joe Krauss Email jk4@bellsouth.net ......... _ ......... ......... _. ......... .......... . ... Address 2076 8th Ave SW . ......... Phone ......... ...... ................ ......... .... 7726337817 Subject or mask ordinance Agenda Item Public To The Board of County Commissioners of Indian River County, Comment I write to you today, because of the mask ordinance is to be voted on. To extend, or not extend, that is the question. We can ask ourselves, what have we learned and what haven't we learned? We have first learned that mandates, do not affect COVID-19 numbers in a positive way. This is the first time, that we have tracked actual data on a virus, not 100 percent, because not everybody gets tested. If we compare it to other viruses, we cannot simply because of lack of data for comparison. Unfortunately, we are not doing that. We have'learned a lot since the beginning of the pandemic.'A lot had to do with not knowing how to treat patients properly, which lead to a higher number of deaths. At the start, more elderly people were getting the virus. Now younger people are getting the virus, which in turn has been also lowering the severity of the virus. With herd immunity, you can either get a vaccine, or contract the virus. When you contract the virus, the herd immunity rate lowers that you need to achieve herd immunity. All we have done is prolong a virus that is here to stay. At what cost? There is no reason why the healthy, should not be able to get the virus. Isn't it their choice, just like it should be somebody's choice to get a vaccine? People have the right to get the virus or to get the vaccine at their own free will. It shouldn't be the governments job to mandate such a thing. We know mask wearing is only 40% effective. Should the government mandate the duration of use of a mask, as a mask should be either changed every so often or washed. Is the government going to mandate hand washing? How about not touching your eyes. Mask ordinances is just talismans, most people do not do the things that they should be doing to prevent the spread of the virus. We can compare other states and county's with mandates, and shut downs, restrictions, etc. By doing that we can determine, nothing really changes the outcome. There are many counties across the country that have let the people decide, not government. Please vote No on any covid-19 related mandates. It is not up to government to.pretend it is protecting people, the false sense of security has cost many people their lives, homes, businesses', etc. Joe Krauss More Info: Form Submission Time 1/19/2021 00:51:56 EST( -0500 GMT) Visitors IP 99.110.200.17 Unique ID e9e32dd4fdbeafd9147c129b3661ca05 --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and .sh'z=w,u id be handled with extreme caution. --Warning-- 5 Terri Collins -Lister From: Dylan Reingold <dreingold@ircgov.com> Sent: Monday, January 18, 2021 9:48 AM To: Terri Collins -Lister Subject: FW: [External] Mask Mandate - Board of Commissioners Meeting Jan. 19, 2021 Terri, Please add this information to the record for the January 19th Board meeting under 10.A.2. Thank you, Dylan From: Celeste Center <celestecan@hotmail.com> Sent: Sunday, January 17, 202110:35 PM To: Susan Adams <sadams@ircgov.com>; Joseph E. Flescher <jflescher@ircgov.com>; Peter D. O'Bryan <pobryan@ircgov.com>; Laura Moss <Imoss@ircgov.com>; Joe Earman <jearman@ircgov.com>; Dylan Reingold <dreingold@ircgov.com>; Jason Brown <jbrown@ircgov.com>; Tina Cournoyer <tcournoyer@ircgov.com>; BCC - Board Members <bccboard@ircgov.com>; pberg@vocelleberg.com Subject: Mask Mandate - Board of Commissioners Meeting Jan. 19, 2021 ;CAUTION This messageis from an external source ;Please use caution when opening attachments or clickingfliriks To the Board, Please add the following scientific evidence to the mask mandate hearing. The science is clear: Mask wearing is harmful to human health. Thanks, Deborah Cooney https•//www globalresearch.calmedical-doctor-warns-bacterial-pneumonias-rise-mask-wearing/5725848 Medical Doctor Warns that "Bacterial Pneumonias Are on the Rise" from Mask Wearing - Global Research First published in October 2020 "A group is suing Tulsa Mayor G.T. Bynum and Tulsa Health Department Executive Director Bruce Dart, saying the city's mask mandate is harmful to healthy people," reports Activist Post. The group includes business owners and two doctors who "are asking the city to immediately repeal the mask mandate which was passed ... www.globalresearch.ca https•//www activistpost com/2020/09/oklahoma-doctors-claim-masks-are-harmful-to-healthy-people-and-file- lawsuit-against-mandates.html Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post By: FOX23 News Updated: August 18, 2020 — 6:38 AM. JENKS, Okla. — A group is suing Tulsa Mayor G.T. Bynum and Tulsa Health Department Executive Director Bruce Dart, saying the city's mask mandate is harmful to healthy people. iat any link or attachi-nent that me caution. KR?. r39-2 1/19/2021 Medical Doctor Warns that "Bacterial Pneumonias Are on the Rise" from Mask Wearing - Global ResearchGlobal Research - Centre for R... This website uses cookies in order to improve your browsing experience. By continuing to use this site you agree to the use of cookies. Ok Privacy policy ....................... : nauanu veuiscn runuyues srpsrci v!r+- y+x Notre site en Frangais: mondialisation.ca Search Authors... Translate Website Nuestro sitio en espanol: Globalization Asia-Pacific Research Search... GR Newsletter, Enter Email n US Nato War Economy Civil Rights Environment Poverty Media Justice 9111 War Crimes Militarization History Science Latest News & Top Stories Gli articoli di Global Research sono ora disponibili in italiano Die Artikel von Global Research sind jetzt in deutscher Sprache verfiigbar Global Research: 01 x11 at�oig zil o 5:I z�z 04-_�-7IA[ its_ kjW1 Selected Articles: The Digital -Financial Complex is the True Center of Power: "Is the Goal to Ignite Massive Civil Unrest?" Martin Luther King: The Starless Midnight of Most Popular All Articles GlohaResearch Y � " e Global Research Publishers Click Here To Order Online Medical Doctor Warns that "Bacterial Pneumonias Are on the Rise" from Mask Wearing By John C. A. Manley Global Research, December 27, 2020 6 October 2020 jgir,3, gglIgMIJIMIJIMEM First published in October 2020 Region: USA Theme: Science and Medicine A group is suing Tulsa Mayor G.T. Bynum and Tulsa Health Department Executive Director Bruce Dart, saying the city's mask mandate is harmful to healthy people," reports Activist Post. The group includes business owners and two doctors who "are asking the city to immediately repeal the mask mandate which was passed by city council last month." At a press conference, optometrist Robert Zoellner said: "...the fear factor has got to step back. This idea that I don't want to give you something that I don't even know that I have is almost at the point of ridiculous. Let's use some common sense." Dr. James Meehan, MD followed by warning that mask wearing has "well-known risks that have been well -studied and they're not being discussed in the risk analysis. "I'm seeing patients that have facial rashes, fungal infections, bacterial infections. Reports coming from my colleagues, all over the world, are suggesting that the bacterial pneumonias are on the rise. "Why might that be? Because untrained members of the public are wearing medical masks, repeatedly... in a non-sterile fashion... They're becoming contaminated. They're pulling them off of their car seat, off the rearview mirror, out of their pocket, from their countertop, and they're reapplying a mask that should be worn fresh and sterile every single time." Dr. Meehan adds: "New research is showing that cloth masks may be increasing the aerosolization of the SARS-COV-2 virus into the environment causing an increased transmission of the disease..." In conclusion, Dr. Meehan states: "In February and March we were told not to wear masks. What changed? The science didn't change. The politics did. This is about compliance. It's not about science... Our opposition is using low-level retrospective observational studies that should not be the basis for making a medical decision of this nature." Note to readers: please click the share buttons above or below. Forward this article to your email lists. Crosspost on your blog site, internet forums. etc. John C. A. Manley has spent over a decade ghostwriting for medical doctors, as well as naturopaths, chiropractors and Ayurvedic physicians. He publishes the COVID-19(84) Red Pill Briefs — an email - based newsletter dedicated to preventing the governments of the world from using an exaggerated pandemic as an excuse to violate our freedom, health, privacy, livelihood and humanity. He is also writing a novel, Brave New Normal: A Dystopian Love Story. Visit his website at: MuchAdoAboutCorona. ca. He is a frequent contributor to Global Research. https://www.g loba I research. ca/med ical-doctor-warns-bacterial-pneu monias-rise-mask-wearing/5725848 pq.' J'1 ',g 1/3 1/19/2021 Medical Doctor Warns that "Bacterial Pneumonias Are on the Rise" from Mask Wearing - Global ResearchGlobal Research - Centre for R... This website uses cookies in order to improve your browsing experience. By continuing to use this site you agree to the use of cookies. OR Privacy policy ........... THEMES READ MORE: Primary Purpose of Mandatory Masking Is to Foster Fear, Say Acclaimed Researchers I -BOOKS SERIES IN-DEPTH REPORTS GLOBAL RESEARCH VIDEOS THE GLOBAL RESEARCH NEWS HOUR clanity 61-1. .n+� iri6equnf:cn: pmCifESo/bM pglb3�a: iP'swos anC ur,�,rrycMra Global Research News I -BOOKS SERIES Countries Index Most Popular Links Contact Membership Online Store Related The Plain Truth About Face Face Masks Causing "Decaying Masks Teeth, Receding Gum Lines and 27 September 2020 Seriously Sour Breath" Reports In "English" NY Dentists 4 October 2020 "English" The original source of this article is Global Research Copyright© John C. A. Manley, Global Research, 2020 Comment on Global Research Articles on our Facebook page Become a Member of Global Research Related Articles Does this CDC Report Actually Show that Mask Wearers Are 17x More Likely to Get COVID- 19? 21 October 2020 In "English" Video: How Bill Gates Monopolized Video: "Lockdown" Public Health Satire: Alien Invasion Dwarfs COVID-19 Global Health. The Vaccine Policies in Ontario: Dr. Naomi Wolf Talks Hysteria May 5, 2020 to Courageous Physician Dr. Patrick Jan 6, 2021 Phillips Jan 12, 2021 Masks Aren't Helpful in Beating COVID- Do Face Masks Work? 8 Peer -Reviewed Masking the COVID-19 Virus in this 19: Europe's Top Health Officials Studies 'Pandemic' Aug 9, 2020 Sep 5, 2020 Dec 28, 2020 Articles by: John C. A. Manley Disclaimer: The contents of this article are of sole responsibility of the author(s). The Centre for Research on Globalization will not be responsible for any inaccurate or incorrect statement in this article. The Centre of Research on Globalization grants permission to cross -post Global Research articles on community internet sites as long the source and copyright are acknowledged together with a hyperlink to the original Global Research article. For publication of Global Research articles in print or other forms including commercial internet sites, contact: publications@globa l research.ca www.globalresearch.ca contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of "fair use" in an effort to advance a better understanding of political, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than "fair use" you must request permission from the copyright owner. For media inquiries: publications@globalresearch.ca Themes US NATO War Agenda Global Economy Crimes against Humanity Militarization and WMD Law and Justice Police State & Civil Rights Militarization and WMD Oil and Energy Police State & Civil Rights Religion Poverty & Social Inequality Science and Medicine Geographic Regions https://www.globalresearch.ca/medical-doctor-warns-bacterial-pneumonias-rise-mask-wearing/5725848 Z�ql 139—q 2/3 1/19/2021 Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post CONTACT US I DONATE I CONTRIBUTORS Goo RESOURCES I READING LIST I SURVIVAL &,.-.'-.--TIVIST POST HOME I ECONOMY I LIBERTY I WAR I ACTIVISM I HEALTH I TECHNOLOGY ENVIRONMENT I VIDEO I SHOP HOT TOPICS JANUARY 16, 2021 1 COPS WHO KILLED ELIJAH MCCLAIN WALK AS HOME HEALTH Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates TOPICS: BN Frank Mandatory Masks Oklahoma SEPTEMBER 24, 2020 q. X39 is https://www.activistpost.com/2020/09/oklahoma-doctors-claim-masks-are-harmful-to-healthy-people-and-file-lawsuit-against-mandates.htmi 1/9 1/19/2021 Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post By B.N. Frank These aren't the only American doctors who have said that wearing masks is causing healthy people to become sick. They may be the only ones who have filed a lawsuit against mask mandates though. Promoted Content Democrats Hope Y Treatment That Hel Find Out More By: FOX23 News Updated: August 18, 2020 – 6:38 AM PROTECT YOUR LIBERTY Declare Your Independence! Profit outside the rigged system! Protect yourself from tyranny and economic collapse. Learn to live free and spread peace! Counter Markets Newsletter - Trends & Strategies for Maximum Freedom Issue Today, Enter Your Email Addr( Click Here to Download Now JENKS, Okla. — A group is suing Tulsa Mayor G.T. Bynum and Tulsa Health Department Executive Director Bruce https://www.activistpost.com/2020/09/oklah om a -doctors -claim -masks -are -h a rmfu I-to-healthy-peop le -and -file -lawsuit -against -ma ndates. html 2/9 1/19/2021 Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post Dart, saying the city's mask mandate is harmful to healthy people. Optometrist Robert Zoellner, Clay Clark, Dr. James Meehan, MD, and other Tulsa -based business owners are asking the city to immediately repeal the mask mandate which was passed by city council last month. The group alleges wearing masks is causing healthy people to become sick while trying to prevent the spread of a disease that is not a deadly threat to children and much of the public. "On the OSHA website it states that employers shouldn't make employees work in an environment where they have less than a 19.5 percent oxygen level," said Clayton Clark, one of the plaintiffs. "And the mandated masks cause employees to dip below a 19.5 percent oxygen level within 10 seconds of wearing a mask, so I don't want to make my healthy employees sick." ( Longer Video Clip of Press Conference Here: https://www.facebook.com/watch/live/? extid=hvm2IyiFtSPoIBHZ &v=856047831588499 &ref= watch_permalink ) Drink These Herbs BE Burn 1 Lb Of Fat Dail) A 11,197 Why The Democrats Rude Awakening In 21 A 19,486 Promoted Content DAILY NEWSLETTER Email address: Your email address O Yes - I consent to receive emails Subscription is FREE and CONFIDENTIAL https://www. activistpost.co m/2020/09/okla homa-docto rs-cla i m-masks-are-harmful-to-healthy-peo ple-a nd-fi le-lawsu it -against -ma ndates. htm l 3/9 1/19/2021 Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post Tulsa Team Files Lawsuit to Ban the Mask,... Clay Clark and Dr.Bryan'WhitlocK MD. on th..... MUST SEE VIDEOS An Ohio citizens group has also filed a lawsuit against JANUARY 16, 2021 Actor to File Lawsuit Due to 513 Antenna Being Installed 1 Feet Above His Balcony COVID-19 mandates in their state as well. https://www.activi stpost.com/2020/09/okla hom a-docto rs-cla i m -masks -are -h a rmfu I-to-healthy-peopl a -a nd-fi le-lawsu it -against -ma ndates. html 4/9 1/19/2021 Oklahoma Doctors Claim Masks are Harmful to Healthy People and File Lawsuit Against Mandates - Activist Post t� JANUARY Become a patron��,,; 16, 2021 Re JANUARY 16, 2021 Moving Past a Debt - Based Society with Charles Eisenstein Alzheimer's -Like Memory Loss Has Been Linked To Th Pill. Are You Taking It? Doctors are seeing severe dementia in seniors, and it may be linked t JANUARY prescription pills.,k 16, 2021 M Watch The Video �RA. The 4th v Annual Fake News Promoted Content Awards! Free How To Survive the lob Automation Apocalypse y Pilots and Subscribe to Activist Post for truth, peace, ander Air Traffic freedom news. Send resources to the front lines of Answer to Controllers peace and freedom HERE! Follow us on SoMee, HIVE, Who Take Parler, Flote, Minds, and Twitter. and Parler COVID Removal Vaccine Provide, Protect and Profit from what's coming! Get a ation? Must Wait free issue of Counter Markets today. 48 Hours Before "conducting y - - S safety - sensitive aviation duties„ JANUARY 16, 2021 Moving Past a Debt - Based Society with Charles Eisenstein Alzheimer's -Like Memory Loss Has Been Linked To Th Pill. Are You Taking It? Doctors are seeing severe dementia in seniors, and it may be linked t JANUARY prescription pills.,k 16, 2021 M Watch The Video �RA. The 4th v Annual Fake News Promoted Content Awards! Free How To Survive the lob Automation Apocalypse ............................................................................................... .ebook Free ebook How To Get Started with Bitcoin: Quick and Easy JANUARY 1s, 2021 Beginner's Guide Answer to Trump Social Ban Around the Web Ads by Revcontent and Parler Removal Decentraliz ation? https://www.activistpost.com/2020/09/oklahoma-doctors-claim-masks-are-harmful-to-healthy-people-and-file-lawsuit-against-mandates. html 5/9 Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 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. 01/03/2021 Subscribed and sworn to before on January 3, 2021 =_�M, , cNtcs-UT-J--� Notary, State of WI, County of Brown TARA MONDL_OCI-t Notary Public State of Wisconsin My commission expires August 6, 2021 Publication Cost: $128.25 Ad No: 0004500633 Customer No: 1310775 PO #: NOTICE OF INTENT - PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River County, Florida, . will conduct a- Public Hearing to consider adoption of a proposed ordinance enti- tled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVID- ING FOR ADOPTION OF RECI- TALS; PROVIDING FOR FACE COVERING REQUIREMENTS AND EXCEPTIONS; PROVIDING FOR PENALTIES AND EN- FORCEMENT; PROVIDING FOR APPLICABILITY, SEVERABILITY, CONFLICT, SUNSET DATE AND AN EFFECTIVE DATE. The Public Hearing will be held on Tuesday, January 19, 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 second floor of Building A of the County Ad- ministrative Complex, 1801 27th Street, Vero Beach, Flori- da; or alternatively, the pro- posed ordinance may be in- spected at www.ircgov.com. 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, CHAIR- MAN Publish: Jan. 3, 2020 TCN4500633 JAN 1 12027 C_OUNTrAT7 OFFIOE RNEyiS # of Affidavits) �q�. � 1-� Public Hearing Indian River County 11642- Interoffice 642Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Kristin Daniels Director, Office of Management & Budget Date: January 11, 2021 Subject: Miscellaneous Budget Amendment 005 Description and Conditions In accordance with Florida Statue 129.06(2)(f), this public hearing was advertised on Friday, January 15, 2021 for the purpose of hearing comments from the public regarding the changes to the County's FY 2020-2021 budget to reflect actual cash balance dollars being allocated as follows: 1. On December 1, 2020, the Board of County Commissioners approved the 2020-2021 Capital Improvement Element. Exhibit "A" appropriates funding for projects scheduled for the current fiscal year for a total of $28,170,718. 2. Due to COVID-19 and other timing delays, various, projects that were budgeted for FY 2019/2020 could not be completed. Funds for these expenditures need to be "rolled" into the current fiscal year. Exhibit "A" appropriates the funding for a total of $8,678,172. 3. On November 17, 2020, the Board of County Commissioners approved Clerk of Court, Jeffrey Smith's request to increase the FY 2020/2021 budget $65,000 to fund an additional position to learn the duties of two retiring employees. Additionally, the Tax Collector has submitted an approved budget amendment from the Florida Department of Revenue to increase the FY 2020/2021 budget an additional $196,468: This increase is for four additional employees as part of a succession plan. Exhibit "A" appropriates funding of $261,468 from General Fund/Cash Forward -Oct. 1St 4. On September 22, 2020, the Board of County Commissioners approved pre -payment of 24 months of service availability fees for the 22 (Single Family) SF (Equivalent Residential Unit) ERUs for the property formerly known as Gifford Gardens. Exhibit "A" appropriates funding of $13,628 from General Fund/Cash Forward -Oct 1St 5. Due to the increased number of utility and stormwater drainage repairs, Road & Bridge is in need of an additional asphalt truck costing $215,890 and roller in the amount of $6,250. Exhibit "A" appropriates funding of $222,140 from Transportation Fund/Cash Forward- Oct 1St 6. The County's Transportation Coordinator, Senior Resource Association received an additional $17,686 from advertising in FY 2019/2020. Exhibit "A" appropriates the funding from General Fund/Cash Forward -Oct 1 St to General Fund/Transportation Coordinator -SRA expenses. 7. On January 12, 2021, the Board of County Commissioner's approved purchasing End Point Protection, Extended Point Detection & Response with 24 x 7 Managed Detection & Response & Prepaid Incident Response from SHI. Exhibit "A" appropriates funding of $71,523 from Information Technology/Cash Forward -Oct 1St 140 Board of County Commissioners January 11, 2021 Page 2of2 Staff Recommendation Staff recommends that after the public hearing, the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget. 141 RESOLUTION NO. 2021- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2020-2021 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2020-2021 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2020-2021 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year, 2020-2021 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2021. Attest: Jeffrey R. Smith Clerk of Court and Comptroller is Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners as APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY AT NEY Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 005 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number MSTU/Cash Forward -Oct 1st 004039-389040 $816,211 $0 Traffic Impact Fees/District/Cash Forward -Oct 102039-389040 $3,918,991 $0 1st Impact Fees/Cash Forward -Oct 1st 103039-389040 $2,131,397 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $150,491 $0 Revenue Emergency Services District/Cash Forward- 114039-389040 $1,150,000 $0 Oct 1 Tree Fine Fud/Cash Forward -Oct list 117039-389040 $75,000 $0 Land Acquisition Fund/Cash Forward -Oct list 145039-389040 $359,231 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $19,569,397 $0 Total Revenue $28,170,718 MSTU/Parks/58th Ave Ballfields Renovations 00421072-066510-18001 $816,211 $0 Traffic Impact Fees/District II/ROW/66th 10215241-066120-07806 $1,500,000 $0 Ave/49th Street to 69th Street Traffic Impact Fees/District II/66th Ave/49th 10215241-066510-07806 $2,418,991 $0 Street to 69th Street Impact Fees/Parks/North County Soccer 10321072-066390-16005 $49,660 $0 Improvements Impact Fees/Parks/58th Ave Ballfield 10321072-066510-18001 $1,581,737 $0 Expansion & Renovations Impact Fees/Sheriff-Law Enforcement 10360021-099040-06048 $500,000 $0 Secondary Roads/Round Island Beach 10921441-066510-21016 $150,491 $0 1 Access Emergency Services District/Station 7 11412022-066110-19020 $1,000,000 $0 Property Emergency Services District -Upgrade 11412022-066390 $150,000 $0 Training Site at EOC Tree Ordinance/Parks/Landscape Materials 11721072-035340-19027 $75,000 $0 Land Acquisition Fund/Sebastian Harbor 14514639-066390-18035 $359,231 $0 Preserve Improvements Expense Optional Sales Tax/North County Library 31511271-066510-20027 $1,150,000 $0 Expansion Optional Sales Tax/Oyster Bar Boardwalk & 31521072-066390-18009 $275,000 $0 Parkin Optional Sales Tax/Hoise Shuman Park 31521072-066390-18011 $130,000 $0 Improvements Optional Sales Tax/South Oslo Conservation 31521072-066510-18002 $175,000 $0 Improvements Optional Sales Tax/Kroegel Conservation 31521072-066510-19006 $285,000 $0 Improvements Optional Sales Tax/JRTC Walking Trail 31521072-066510-19021 $600,000 $0 Optional Sales Tax/Hallstrom Farmstead 31521072-066510-19027 $150,000 $0 Conservation Area Optional Sales Tax/Lost Tree Conservation 31521072-066510-20001 $200,000 $0 Improvements Optional Sales Tax/Hobart Playground & Park 31521072-066510-20012 $111,242 $0 Improvements Optional Sales Tax/37th SUUS 1 to IR Blvd 31521441-066510-13009 $1,100,000 $0 Optional Sales Tax/58th Ave Reclamation 31521441-066510-16023 $5,040,261 $0 57th Street to CR 510 Optional Sales Tax/58th Ave Widening/53rd 31521441-066510-17021 $1,700,000 $0 to 57th St 143 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 005 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number Optional Sales Tax/37th Street & IR Blvd 31521441-066510-19011 $2,150,000 $0 Intersection Optional Sales Tax/Courthouse Roof 31522019-066510-16029 $87,216 $0 Optional Sales Tax/Courthouse Parking 31522019-066510-19025 $446,215 $0 Garage Improvements Optional Sales Tax/Main Library Roof 31522019-066510-20003 $550,000 $0 Optional Sales Tax/Health Dept VAV 31522019-066510-21004 $425,000 $0 1. Expense Replacement Optional Sales Tax/Courthouse Air Handler 31522019-066510-21005 $400,000 $0 Refurbish Optional Sales Tax/JRTC Improvements 31522019-066511-17003 $494,463 $0 Optional Sales Tax/All Land/TMDL/Lagoon 31524338-066110-21006 $4,000,000 $0 Treatment Optional Sales Tax/Egret Marsh Sediment 31524338-066510-21012 $100,000 $0 Basin Total Expense $28,170,718 General Fund/Cash Forward -Oct 1st 001039-389040 $937,914 $0 Impact Fee/Cash Forward -Oct 1st 103039-389040 $30,695 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $190,660 $0 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $43,884 $0 Emergency Services/Cash Forward -Oct 1st 114039-389040 $136,290 $0 Revenue TouristTax/Cash Forward -Oct 1st 119039-389040 $12,500 $0 911 Surcharge/Cash Forward -Oct 1st 120039-389040 $468,834 $0 Optional Sales Tax/Cash Forward -Oct 1 st 315039-389040 $2,585,505 $0 Utilities/Cash Forward -Oct 1st 471039-389040 $4,162,286 $0 Utilities/Impact Fee/Transfer In 472039-381020 $109,604 $0 Total Revenue $8,678,172 2. General Fund/County Attorney/Legal Services Virgin Trains 00110214-033110-15023 $419,533 $0 General Fund/Comm-Emergency 00110719-034610 $11,387 $0 Services/Maint-Buildings General Fund/Comm-Emergency 00110719-066490 $15,000 $0 Services/Other Machinery & Equipment General Fund/Main Library/Other Operating 00110971-035290 $56,783 $0 Supplies General Fund/Conservation Lands/Other 00121572-066390 $150,000 $0 improvements Except Bld s Expense General Fund/Facilities 00122019-033490-19012 $230,000 $0 Mgmt/Sealing/Painting Admin Complex General Fund/Facilities Mgmt/Other Contractual Services -Trane contracts 00122019-034610-17018 $25,000 $0 General Fund/Office of Budget & Mgmt/Other Contractual Services -Dorian 00122913-033190-19023 $13,923 $0 General Fund/Office of Budget & Mgmt/Other Contractual Services -Isaias 00122913-033190-20042 $16,288 $0 Impact Fees/North County Library/ Expansion 10311271-066510-20027 $30,695 $0 Secondary Roads/FEC Payments 10921441-034460 $151,265 $0 144 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 005 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number Secondary Roads/43rd Ave Sidewalk - Airport 10921441-066510-18026 $39,395 $0 to 41st St. Transportation Fund/Road & Bridge/Pipe & 11121441-035320 $15,589 $0 Culvert Transportation Fund/Stormwater/Other 11128138-033490-05057 $28,295 $0 Contractual Services -Egret Marsh Emergency Services District/Fire 11412022-066290 $15,000 $0 Rescue/Other Buildings Emergency Services District/Fire 11412022-066420 $61,290 $0 Rescue/Automotive Emergency Services District/Fire 11412022-066490 $60,000 $0 Rescue/Other Machinery & Equipment Tourist Tax/Other Professional Services 11914472-033190 $12,500 $0 911 Surcharge/Other Contractual Services 12013325-033490 $9,774 $0 911 Surcharge/Telephone 12013325-034110 $90,712 $0 911 Surcharge/Maint-Other Equipment 12013325-034690 $87,194 $0 911 Surcharge/Computer Software 12013325-035120 $20,496 $0 911 Surcharge/Other Operating Supplies 12013325-035290-20701 $46,418 $0 /COVID-19 911 Surcharge/Communication Equipment 12013325-066450 $4,053 $0 911 Surcharge/EDP Equipment 12013325-066470 $18,727 $0 911 Surcharge/Other Machinery & Equip 12013325-066490 $150,000 $0 911 Surcharge/Geocomm Dispatch PSAP 12013325-066510-20010 $13,779 $0 2. Expense Maps 911 Surcharge/Software 12013325-068003 $27,681 $0 Optional Sales Tax/Fire Rescue/800 MHZ 31512022-066510-16004 $2,451,680 $0 Upgrade -P25 Compliance Optional Sales Tax/Transfer Out 31519981-099210 $109,604 $0 Optional Sales Tax/Voice Over IP 31522019-066510-19026 $24,221 $0 Utilities/WW Treatment/Other Professional 47121836-033190 $25,701 $0 Services Utilities/WW Treatment/WWWTF Wet 47121836-033190-20518 $75,267 $0 Weather Storage Utilities/WW Treatment/SWWTF RAS/WAS 47121836-044699-19526 $248,656 $0 Replacement Utilities/Water Production/S RO Membrane & 47121936-044699-19503 $2,634,207 $0 Retrofit Utilities/Water Production/N R/O Acid Tank 47121936-044699-19537 $239,347 $0 Replacement Utilities/Water Production/S RO Replace 47121936-044699-19541 $164,846 $0 Switchgear Utilities/General & Engineering/Other 47123536-033190 $241,465 $0 Professional Services Utilities/General & Engineering/R&R/SC RO 47123536-044699-15518 $31,468 $0 Rehab Wells Utilities/General & Engineering/ R&R/CWWTF 47123536-044699-19516 $28,221 $0 RAS/WAS & RDT Utilities/WW Collection/Data Flow Antenna 47126836-044699-19547 $109,973 $0 Replacement Utilities/Water Prod uction/R&R/N R/O Well 47126936-044699-19551 $363,135 $0 Rehab Utility Impact Fee/Cash Forward -Sept 30 47223536-099920 $109,604 $0 145 Resolution No. 2021 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 005 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Number 2. Expense . Total Expense $8,678,172 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $261,468 $0 3. General Fund/Budget Transfer -Clerk of Court 00130086-099010 $65,000 $0 Expense General Fund/Budget Transfer -Tax Collector 00140086-099070 $196,468 $0 Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $13,628 $0 4' Expense General Fund/Water & Sewer Service -Gifford 00126936-033420-20022 $13,628 $0 Gardens Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $222,140 $0 5' Expense Transportation Fund/Road & Bridge/Heavy 11121441-066430 $222,140 $0 Equipment -Wheel Track Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $17,686 $0 6. Expense General Fund/Community Transportation 00111041-088230-54001 $17,686 $0 Coord/SRA Revenue Ilnsformation Technology/Cash Forward -Oct 505039-389040 $71,523 $0 7' Expense Information Technology/Information 50524113-035120 $71,523 $0 System s/Com uter Software 146 NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR 2020-2021 INDIAN RIVER COUNTY, FL BUDGET NOTICE IS HEREBY GIVIEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on January 19, 2021, beginning at 9:00 am, or as soon thereafter as the item may be heard, in the Commission Chambers at the Indian River County Administration Building A, 1801 27th Street, Vero Beach, Florida, for the purpose of hearing comments from the public regarding the changes to the County's FY 2020-2021 budget; to reflect actual cash balance forward dollars from prior fiscal year. Fund/Department Use Increase Amount General Fund/County Attorney Legal Services $419,533 General Fund/Comm. ES Capital Improvements 26,387 General Fund/Main Library Other Operating Supplies 56,783 General Fund/Parks Capital Improvements 150,000 General Fund/Facilities Mgmt. Contractual Services 255,000 General Fund/Budget Contractual Services 30,211 General Fund/Constitutionals Increase in Expenses 261,468 General Fund/Misc. Depts. Operating Expenses 31,314 MSTU/Parks CIE Projects 816,211 Transportation Fund/R&B Equipment 237,729 Transportation Fund/Stormwater Contractual Services 28,295 ESD/Fire Rescue Capital Projects 1,286,290 Traffic Impact Fees CIE Projects 3,918,991 Impact Fees CIE Projects 2,162,092 Secondary Roads CIE Projects 341,151 Tree Fine Fund CIE Projects 75,000 Tourist Tax Contractual Services 12,500 911 Surcharge Capital Projects 468,834 Land Acquisition Fund CIE Projects 359,231 Optional Sales Tax/Fac. Mgmt. CIE Projects 3,552,894 Optional Sales Tax/Fire Rescue Capital Project 2,451,680 Optional Sales Tax/Parks CIE Projects 1,926,242 Optional Sales Tax/R&B CIE Projects 9,990,261 Optional Sales Tax/Stormwater CIE Projects 4,100,000 Optional Sales Tax/Misc. Depts. Misc. Expenses 133,825 Utilities Fund R&R Projects 4,162,286 Information Technology Fund Contractual Services 71,523 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. 147 12/8/2020 Statutes & Constitution :View Statutes: Online Sunshine Select Year: 2020 Go The 202o Florida Statutes Title XI Chapter 129 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL COUNTY ANNUAL Chapter RELATIONS BUDGET 129.06 Execution and amendment of budget.— (1) Upon the final adoption of the budgets as provided in this chapter, the budgets so adopted must regulate expenditures of the county and each special district included within the county budget, and the itemized estimates of expenditures must have the effect of fixed appropriations and may not be amended, altered, or exceeded except as provided in this chapter. (a) The modified -accrual basis or accrual basis of accounting must be followed for all funds in accordance with generally accepted accounting principles. (b) The cost of the investments provided in this chapter, or the receipts from their sale or redemption, may not be treated as expense or income, and the investments on hand at the beginning or end of each fiscal year must be carried as separate items at cost in the fund balances; however, the amounts of profit or loss received on their sale must be treated as income or expense, as applicable. (2) The board at any time within a fiscal year may amend a budget for that year, and may within the first 60 days of a fiscal year amend the budget for the prior fiscal year, as follows: (a) Appropriations for expenditures within any fund may be decreased or increased by motion recorded in the minutes if the total appropriations of the fund does not change. The board of county commissioners may establish procedures by which the designated budget officer may authorize budget amendments if the total appropriations of the fund does not change. (b) Appropriations from the reserve for contingencies may be made to increase the appropriation for any particular expense in the same fund, or to create an appropriation in the fund for any lawful purpose, but expenditures may not be charged directly to the reserve for contingencies. (c) The reserve for future construction and improvements may be appropriated by resolution of the board for the purposes for which the reserve was made. (d) A receipt 'of a nature from a source not anticipated in the budget and received for a particular purpose, including but not limited to grants, donations, gifts, or reimbursement for damages, may, by resolution of the board spread on its minutes, be appropriated and expended for that purpose, in addition to the appropriations and expenditures provided for in the budget. Such receipts and appropriations must be added to the budget of the proper fund. The resolution may amend the budget to transfer revenue between funds to properly account for unanticipated revenue. (e) Increased receipts for enterprise or proprietary funds received for a particular purpose may, by resolution of the board spread on its minutes, be appropriated and expended for that purpose, in addition to the appropriations and expenditures provided for in the budget. The resolution may amend the budget to transfer revenue between funds to properly account for increased receipts. (f) Unless otherwise prohibited by law, if an amendment to a budget is required for a purpose not specifically authorized in paragraphs (a) -(e), the amendment may be authorized by resolution or ordinance of the board of county commissioners adopted following a public hearing. The public hearing must be advertised at least 2 days, but not more than 5 days, before the date of the hearing. The advertisement must appear in a newspaper of paid general circulation and must identify the 448 of www:leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1 &App_mode=Display_Statute&Search_String=129.06&URL=0100-0199/012... 1/2 12/8/2020 Statutes & Constitution :View Statutes: Online Sunshine the taxing_authority, the date, place, and time of the hearing, and the purpose of the hearing. The advertisement must also identify each budgetary fund to be amended, the source of the funds, the use of the funds, and the total amount of each fund's appropriations. 0If the board amends the budget pursuant to this paragraph, the adopted amendment must be posted on the county's official website within 5 days after adoption and must remain on the website for at least 2 years. (3) Only the following transfers may be made between funds: (a) Transfers to correct errors in handling receipts and disbursements. (b) Budgeted transfers. (c) Transfers to properly account for unanticipated revenue or increased receipts. (4) All unexpended balances of appropriations at the end of the fiscal year shall revert to the fund from which the appropriation was made, but reserves for sinking funds and for future construction and improvements may not be diverted to other purposes. (5) Any county constitutional officer whose budget is approved by the board of county commissioners, who has not been reelected to office or is not seeking reelection, shall be prohibited from making any budget amendments, transferring funds between itemized appropriations, or expending in a single month more than one -twelfth of any itemized approved appropriation, following the date he or she is eliminated as a candidate or October 1, whichever comes later, without approval of the board of county commissioners. History.—s. 6, ch. 6814, 1915; RGS 1529; CGL 2307; s. 5, ch. 26874, 1951; s. 2, ch. 78-157; s. 2, ch. 88-85; s. 1, ch. 93-109; s. 828, ch. 95-147; s. 5, ch. 96-324; s. 12, ch. 2001-252; s. 8, ch. 2011-144; s. 7, ch. 2019-15. Copyright O 1995-2020 The Florida Legislature • Privacy Statement • Contact Us 149 vvww.leg.state.fl.us/statutes/index.cfm?mode=View Statutes&SubMenu=1 &App_mode=Display_Statute&Search_String=129.06&URL=0100-0199/012... 2/2 PO MI Vaccinations — State of Florida • Governor's E020-315 limits vaccines to the following: • Long-term care facility residents and staff • Health care personnel with direct patient contact • Persons 65 years of age and older • (Hospital providers, however, also may vaccinate persons who they deem to be extremely vulnerable to COVID-19) c�1 M 1 ■ • Persons 65 years of age and older • State Dept. of Health (DOH) receives vaccines to administer to this group (and others) • County coordinating to provide logistical support and resources for mass vaccination clinics • DOH is unable to restrict otherwise (e.g. 75 and older) • 48,248 IRC residents 65+ • s,000 vaccinations planned this week (down from 2,000) 2500 2000 1500 Vaccination Clinic Appointments by Week 1,300 whic WE 2,175 Week 1 Week 2 Week 3 Week 1 4Week2 HWeek3 Week 4 11000 in ir. :)sev Week 4 - .7 COVID-19: vaccine summary Vaccination data through Jan 13, 2021 as of Jan 14, 2021 at 12:05 AM -� Data in this report are provisional and subject to change. Number of people who received their first dose or completed their COVID-19 vaccine series yesterday and cumulatively �Y Alachua 638 666 2,304 13,908 4,433 18.341 Baker 31 0 31 854 23 877 r " Bay 136 0 136 5333 14 5.847 Bradford 32 11 43 327 44 871 Brevard 151 21 172 19.318 250 19.568 V\ 1 I V V � Broward Calhoun Charlotte 3.896 513 61 0 222 4 4.409 61 226 61.241 840 5.429 9.928 2 168 71,169 842 5.597 Citrus 125 8 233 6.730 44 8.774 Vaccinations Clay 681 45 726 6.278 576 6.854 Collier 277 7 284 11.714 218 11.932 Columbia 463 3 471 2.693 66 2.759 µ Dade 7.021 503 7.524 81.279 12.786 94,065 SDesoto tat o 214 0 214 1.832 11 1.843 Dixie 3 1 4 314 9 323 Duval 2.725 470 3.195 30.096 5.746 35.842 O a Escambia 50 12 62 11521 34 11,555 Flagler 39 54 93 3.055 365 3,420 Franklin 58 0 58 659 5 664 Gadsden 181 0 181 1.754 9 1.763 Gilchrist 41 6 47 705 44 749 Glades 0 0 0 424 0 424 Gulf 83 0 83 727 0 727 Hamilton 120 0 120 817 2 819 Hardee 154 2 156 545 13 558 Hendry 14 0 14 1.194 1 1,195 Hernando 220 10 230 7,299 108 7,407 Highlands 47 38 85 2.160 242 2,402 E.i... _ _,.,w , ......:::. _... .. Hillsborough 3,524 398 3,922 29.705 6.211 35,916 Holmes 12 0 12 1.036 1 1.037 Indian River 301 4 305 5.777 133 5,910 ti 60oo 5000 /,000 3000 IRC Daily Vaccinations —State Report 5848 ■ Daily Cumulative it y\y\�oyti y\yam\�oyti IIL VVIL IV t III n belano Roosev \�o�ti \ryo�ti \0'otiti \1'oyti ti\o� y\tio y\yti y\,yti ■ Daily Cumulative it y\y\�oyti y\yam\�oyti Vaccinations— Goals • Our primary goal is getting vaccines in arms •GovernorDeSantis, "If you're getting shots in arms, we want to make sure you have the vaccines." • Staff believes the more vaccines we get administered the more future doses could be allocated to IRC NO COVID-i.9 Vaccinations — Limited quantities •The limiting factor is the number of vaccines available • State only knows how many vaccines they will receive for next 7 days •Challenging to plan future vaccinations beyond a week •Z,000vaccines this weekvs. z,000 last week k...vviu-IL vac.c.irie IVIdHdyelf]eHL DUIULIUH5 • Pre -registration • Portal based pre -registration and qualification • Call center assisted pre -registration Wait list \ Queue Management • Ability to prioritize scheduling from queue based on supplied parameters • E.O. Direction (65+ and Front line medical personnel) • Quantity of vaccine available • Number of satellite clinics • Hours and capacity of satellite clinics • Others • Automated scheduling of vaccination appointments for pre -registered individuals • 1st and 2nd appointments based on the particular vaccine administered to that individual • Electronic notifications (email, text, robocall, etc.) • Document and track all vaccine batch, lot information, and inoculations • Integration with health department information systems for reporting (FL Shots) • Administrative dashboard to provide data insights • Logistics and reporting • Ability to implement rapidly (7-10 working days) otentiai olutions Reviewed(l Of 2) �r M1^; • Custom application - Coastal Cloud & Salesforce.com • Develop custom application for IRC utilizing existing capabilities within Salesforce platform • Cost: Approximately $3ooK • Timeline: 4 — 6 weeks • Not recommended; does not meet implementation timeline requirements • CDR Maguire & Salesforce.com • Existing software as a service solution • Cost: Awaiting estimate at this time • Timeline: 7 — Zo for initial capability; uncertain timeline for full capability • No capability for pre -registration /wait list • Not recommended; does meet core requirements ,W Potential Solutions • Vactrax & Salesforce.com • Customizable software as a service solution • Cost: Approximately $i5oK -- 2ooK • Timeline: 4 to 6 weeks • Not Recommended. meets all core requirements but not implementation timeline • Luminare Innoculate • Existing software as a service solution • Cost: Approximately $15oK • Timeline: 3 - 7 days • Recommended; meets all core requirements and implementation timeline requirements • Qualtrics • Existing software as a service solution • Cost: Approximately $3.50- 20oK • Timeline: 7 - to days • Recommended; meets all core requirements and implementation timeline requirements administration system Florida Department of Emergency Management is Developing uniform vaccine registration and administration program for use for all counties ALL TOGETHER BETTER Streamlining Vaccine Administration across Florida Q sha re M CT State vaccine ' administration system Use of sharecare system for any State supported vaccination sites RESIDENT EXPERIENCE Registration & Scheduling Secure and easy-to-use experience IRC vaccine administration Decision to acquire County Administration System or utilize sponsored system (sharecare) Va ccin e State- --f Questions? Comments? Direction? Departmental :C• Meeting January 19, 2021 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Coit1� Department of General Services Parks and Recreation Date: January 6, 2021 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator Kristin Daniels, Director, Office of Management and Budget From: Kevin M. Kirwin, Director, Parks and Recreation Subject: License Agreement for Florida Institute of Technology install an HF Radar at Treasure Shores Beach Park along a use an area of 900 feet by 30 feet for the radar array along with an unused lifeguard tower for transmission and receiving equipment BACKGROUND Florida Institute of Technology (FIT) researchers approached the County to enter into an agreement to install a High Frequency Radar (HFR) site at Treasure Shores Beach Park (11300 Florida AIA, Vero Beach, FL 32963). This site would become a part of the United States National High Frequency Radar (HFR) network led by the National Oceanic and Atmospheric Administration (NOAA) Integrated Ocean Observing System (IOOS). The IOOS partners with eleven regional associations which work with academic and private sector partners to install HFR sites for surface current and wave measurement and mapping. The regional association that covers Florida, Georgia, South Carolina, and North Carolina, is the Southeast Coastal Ocean Observing Regional Association (SECOORA). High Frequency Radar systems are located along most the coast of the eastern United States, except the East Central Florida/Vero Beach which created a lack of critical surface current mapping in this area of East Coast. In order to fill this gap, the Florida Institute of Technology (FIT) has been funded through a multiyear commitment by SECOORA to install, maintain, and operate two HER systems in east central Florida. The HFR location at Treasure Shores Park will provide optimal coverage offshore, maximizing data reliability and availability to all coastal interests, including local emergency and coastal management agencies. The data will be uploaded real-time and FIT will work with Indian River County to ensure our access to the data. Examples of how the data from the HFR System can be utilized are by the U.S. Coast Guard for search and rescue support, discovering boating hazards, identifying fisheries and environmental hazards (such as oil spills, red tide). The sea surface area mapped by the HFR sites will be shared with the Florida Fish and Wildlife Commission and local sea turtle monitoring programs. Additionally, the data can be shared with coastal engineers to assist the County's beach nourishment projects. The HFR antennas will be permitted and placed within the dune line without disturbing existing vegetation and dune conditions. An unused lifeguard tower will safeguard the receiving and transmission equipment. The Florida Institute of Technology will cover future electric bills for Treasure Shores Park once the HFR installation is complete (the FY 19-20 Electric Bill was $5f5o FIT's staff reviewed the HFR installation with the Indian River County Public Works Department, Coastal Division; Community Development, Environmental Planning and Code Enforcement Division; and received positive feedback. Additionally, FIT staff presented the HFR installation to the Indian River County Beach. and Shore Preservation Advisory Committee and received positive feedback. FUNDING: There is no fiscal impact to Indian River County by entering into this license agreement. RECOMMENDATION: Staff respectfully recommends the Indian River County Board of County Commissioners accept the license agreement with the Florida Institute of Technology and authorize the chair to execute same. ATTACHMENT: License Agreement — Florida Institute of Technology and Indian River County HF Radar DISTRIBUTION: Florida Institute of Technology Kevin M. Kirwin, Director —Parks and Recreation APPROVED AGENDA ITEM FOR January 19, 2021 151 LICENSE AGREEMENT This license agreement ("License Agreement") entered into on this 5th day of January, 2021 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "IRC", and The Florida Institute of Technology, a private Not for Profit University, 1500 W. University Boulevard,. Melbourne, FL 32901, hereinafter referred to as "Florida Tech", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PREMISES AND TERM. IRC hereby issues a license to Florida Tech for use of approximately 900 feet x 30 feet (along the dune line) (the "Premises") , located at Treasure Shores Park 11300 Highway A1A, Vero Beach, FL 32963, in the County of Indian River, Florida, more particularly described as follows: For the installation of a High Frequency Radar (HFR), which will be part of the national program of the Integrated Ocean Observing System (ZOOS) of the National Oceanic and Atmospheric Administration (NOAH). HFR antennas will consist of no more than 16 monopoles using 110 VAC power, radiating no more than 40 W at 13.5 MHz. The monopoles, a maximum of 6 feet height, will consist of no more than 4 transmit antennae placed near the vertices of a 30 ftz area, no more than 12 monopoles in a straight line, 30 ft apart, parallel to ocean, with 500 ft separation between transmit and receive arrays, connecting/buried coaxial cables in conduit between the monopoles and terminated in a receiver (See Exhibit A). The .HFR electronics (receiver) will be housed in the beachside unused lifeguard station. FLORIDA TECH will be responsible for both maintenance and upgrades (if needed) to the structure. This includes electricity, air conditioning, shelving, annual painting, weather stripping, etc. The term of the License shall begin the day approved by IRC and shall end three years after such date. 1.1 Extension of License. The Parties may mutually agree to extend the license for two, one-year renewal periods. Such extension must be in writing, signed 30 days before expiration of this License. 1.2 Termination of License.. FLORIDA TECH may opt out of this license anytime during the license period by providing written notice to IRC. This license shall terminate if the FLORIDA TECH no longer occupies or uses the Premises. IRC may decide to terminate this license if FLORIDA TECH commits a breach of this agreement and, in the 152 case of a breach capable of remedy, fails to remedy the breach within 14 days of being required to do so in writing. 1.3 License Fee. Provided FLORIDA TECH maintains the HFR as part of the national program of the ZOOS of NOAA in the manner as described in section 1 above, FLORIDA TECH shall not be required to pay a fee for use of Premises. 2. USE OF PREMISES. During the term of this License, the FLORIDA TECH shall use the Premises for FLORIDA TECH HFR related activities (maintenance and operation) only and for no other purposes. FLORIDA TECH shall not use the Premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the Premises or the comfort and peace of the inhabitants of the vicinity of the Premises. Members and guests of FLORIDA TECH shall not use tobacco or have alcohol on the Premises. IRC will permit access to the facility to FLORIDA TECH. 2.1 Access FLORIDA TECH will limit site access to project personnel only. FLORIDA TECH will request permission for any other guests (e.g., SECOORA personnel, media). FLORIDA TECH shall notify the Director of IRC Parks and Recreation twenty-four (24) hours in advance of all scheduled visits. When advance notice is not feasible, such as to perform unscheduled required maintenance or system shutdown in the event of a landfalling hurricane etc., FLORIDA TECH will inform the park Director of IRC Parks and Recreation via email stating the purpose of the visit and which FLORIDA TECH members entered the Premises. 2.2 Antennae The 16 antennae shall be solely used by FLORIDA TECH. Antenna use for other transmissions is not permitted without prior IRC written approval. 3. PREMISES LICENSED "AS IS". FLORIDA TECH agrees that the Premises is being licensed "as is" and that IRC makes no warranty or guarantee of the condition of the Premises. FLORIDA TECH has examined the Premises and has determined that the Premises are suitable for FLORIDA TECH's purposes. 4. COMPLIANCE OF LAW. FLORIDA TECH shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this license agreement. 5. MAINTENANCE AND REPAIRS. FLORIDA TECH agrees to limit disturbance (dune vegetation) of the Premises and shall abide by all County, State, and Federal Laws during the term of this License Agreement. FLORIDA TECH shall make any necessary changes or adjustments to the Premises for any damages caused by FLORIDA TECH or its members or guests within a reasonable time frame upon request by IRC. Upon the expiration of the License Agreement or subsequent renewals, FLORIDA TECH shall surrender the Premises quietly and peaceably in substantially the same condition as it was at the outset of this License, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. With written permission of IRC, FLORIDA TECH shall have the right to install on the Premises such equipment, fixtures and other items necessary for the operation of the HFR as described in 2 153 section 1 above. All equipment and property purchased by FLORIDA TECH and placed in, on, or about the Premises, including equipment not affixed to the realty, shall remain the property of FLORIDA TECH. FLORIDA TECH may remove same on or before the termination of the .License Agreement. In addition, any and all personal property shall remain FLORIDA TECH's property and may be removed on or prior to termination of this License Agreement. 6.1 Permitting Any portion of the HFR project that requires a permit from Indian River County, the State of Florida or the United States, shall be the responsibility of FLORIDA TECH. 7. UTILITIES. The electric bill at Treasure Shores Park will be paid by Florida Tech. 8. HOLD HARMLESS. FLORIDA TECH agrees to hold harmless and indemnify IRC from any, liability which may arise from the FLORIDA TECH's use of the Premises. 9. INSURANCE. The FLORIDA TECH shall carry the following insurance coverage and shall furnish IRC a certificate of said coverage. 9.1 Special Requirements. Prior to the commencement of the use of the premises, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. C. The commercial general liability policy shall have a combined single limit of no less than $300,000 per occurrence. 9.2 Lapse in Coverage. If the FLORIDA TECH allows insurance coverage required under this License Agreement to lapse, expire or be canceled it shall be an immediate breach of the License Agreement and grounds for eviction. 10. RIGHT TO INSPECT. IRC may enter and inspect the Premises to ensure that it is being. properly maintained. 10.1 Meetings IRC will schedule and conduct quarterly virtual meetings with FLORIDA TECH and the Director of IRC Parks and Recreation. 11. ASSIGNMENT.. FLORIDA TECH shall not assign or transfer any part of this License Agreement without prior written consent of IRC which may be withheld for any reason. This License Agreement is entered into with the knowledge that only the FLORIDA TECH will occupy the Premises. No additional entities, whether permanent or temporary shall be permitted to occupy the Premises during the term of the License Agreement without IRC's written consent. FLORIDA TECH shall not mortgage the Premises. 3 154 12. DATA ACCESS. FLORIDA TECH will provide near real-time access to the wave and. current data via a web interface. FLORIDA TECH shall not be liable nor indemnify a user for any losses and/or harm related.to'this data. 13. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in.writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to FLORIDA TECH at: Florida Institute of Technology 1500 W. University Boulevard Melbourne, Florida 32901 Such notices to IRC shall be addressed as follows: Indian River County Parks and Recreation Attention: Director 5500 771h Street Vero Beach, Florida 32967 These addresses may be changed by either party through written notification to the other. IN WITNESS WHEREOF, we, IRC and FLORIDA TECH, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. FLORIDA TECH By��' Its: Executive Vice President and Provost Witnessed by: printed name: signature: / 1zz,E, ,,& &_IAo 1 Ue printed name: (_64 (-eC puc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA In Joseph E. Flescher, Chairman Approved by BCC: , 2021 ATTEST: By: Jeffrey R. Smith, Clerk of Court and Comptroller Approved: Jason E. Brown, County Administrator Approved as to form and legal Sufficiency Dylan Reingold, County Attorney 9 155 V I!q!gx3 h nology 04" Ai en c o 'of Ma r ne and Atmospheric Science University of Miami .SRC Board of County Cornmrssloners Meeting .1anuory 19, 2021 { "i Cli �_, 0 Ce, Jl- NANOOS, (Northwest Pacific) GLOS NERACOOS CeNCOOS 4 (Great Lakes) (Northeast) (Central/Northern California) MARACOOS t SCCOOS (Mid -Atlantic) Pacloos SECOORA (Southern California) (Pacific islands) �(Southeast) GCOOS (Gulf Coast) CariCOOS (Caribbean) SECOORA Southeast Coastal Ocean Observing Regional Association SECOORA is the regional coastal ocean observing system for North Carolina, South Carolina, Georgia and both coasts of Florida. SECOORA's mission is to sustain observations that help keep you safe. SECOORA observes, understands, and increases awareness of our coastal ocean. Access ocean data and education resources at:� -6 www.secoora.org I�oS SECOORA f 13 �J `Current' and Proposed Sites FNOAA/DBC Buoys M'N -� A At1at < (X can 29'N a �?` Et atOtd I#"tgAiriuir B�w�h Y tt�t 1 Oculi n a Bank Habitat 'Treas�mc 5fiure. p� 1 Are of Particular 0', J Concern 27'N s WFPA 13.9 MEiI. 26,N OkUfi is Rank Huhitat ksca ui No,,A�r C �cem MAP0 ._ Buoy location,+ j � -*A ICm 82' W 81' VF 80'W 79'W 78 W ` HF Radar Sites f Operational Offline Planned Treasure Shores Park https://ircgis.maps.arcgis.com/ An Indian River County, Florida Department of Utility Services Board Memorandum Date: December 29, 2020 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: John Boyer, PE, Utility Engineer Subject: 5151 Avenue Water Assessment Project Resolution I and II Background/Analysis: On October 20, 2020, under Consent Agenda Item 8-K, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with the petition, surveying, engineering design, and permitting for the 5151 Avenue water assessment project. See Attachment 1 for a map of the area. The BCC also directed staff to proceed with the resolution process of the proposed assessment project. The 5151 Avenue water assessment project has 31 benefitting parcels. According to current tax records, one (1) parcel is Vacant Residential Land and (30) parcels are Single Family Improved. Five (5) parcels will not benefit from the proposed water assessment project because of an existing water main on 67th Street heading east and then turning south on 5151 Avenue for approximately 233 linear feet — See Attachment 1. The proposed 6 -inch water main along 5151 Avenue will connect to the existing County water system at 651h Street, 67th Street, and 691h Street. The total project cost is estimated at $291,400.00, which includes construction, surveying, engineering, administration, and inspection. Therefore, an equal per parcel cost of $9,400.00 will be levied on all 31 benefitting parcels. This does not include other connection fees such as impact fees and deposits. A Providing Resolution (Resolution 1) is shown in Attachment 2 and presented for adoption by the BCC. A Setting Resolution (Resolution II) is shown in Attachment 3 and is presented for adoption by the BCC to hold a public hearing about the project, overall costs; and the amount of the assessment for each property owner in the. benefiting area. Pending BCC approval, a public hearing will be scheduled for Tuesday, March 9, 2021, at 9:05 am, in the Indian River County Commission Chambers. A preliminary assessment roll — Attachment 4 — and proposed water main. location map — Attachment 1— have been prepared and are on file with the Clerk to the BCC and the Indian River County Department of Utility Services (IRCDUS). If the BCC adopts Resolutions I and II, staff will follow procedures for newspaper publications and will notify residents by mail to inform them of the preliminary assessment roll and the public hearing. 157 Funding: Funds for this project are derived from the Assessment Fund. Assessment fund revenues are generated from connection fees paid by the benefitting property owners. ACCOUNT NAME ACCOUNT NUMBER AMOUNT 51St Ave Water Assessment 473-169000-21501 $291,400.00 Recommendation: The staff of the Indian River County Department of Utility Services recommends the following: 1) Adopt Resolution I providing for the installation of the water main within the 51St Avenue water assessment project, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt Resolution II setting the time and place of the Public Hearing on Tuesday, March 9, 2021, at 9:05 am, in the Indian River County Commission Chambers. Attachments: 1. Assessment Area Map 2. Providing Resolution (Resolution No. 1) 3. Setting Resolution for Public Hearing (Resolution No. II) 4. Assessment Roll 158 PROPOSED WATER ASSESSMENT PROJECT LOCATION MAP WINTER BEACH HIGHLANDS SUB &A PORTION OF WINTER BEACH PARK I aln r PROPOSED BOUNDARY Proposed 6" Water Main VYV YVY 1•�J.1�� VYVh YY V Y V Y V ti Not Y -� Included 67TH ST, _ ........... .. . .. ... ... ... . . - -- Existing J Not Note I. Included Included Not Incldded 7�I pti Includeld I mx 7T cNf'I � J �� YQ� •�� VYYY Z. " Y _J � VY VCl�Y i 1 VYV YVt' �p� i VYV YVY t>n l 1 -a� VY V YYY VYVY Y Y : Y v V yC r� "I' Connection Point 4TH 5T raua�f,uiicln 1 --- ----- --- - ---�-. _ _ - -- ----------- - �69th'StP --------- -I Connection Point r ul_ , Legend ParcelsProposedWaterAsst Signed Pet t„ ® YES (24) <_° J a x NO (7) ' Q Boundary wPressurizedMain Owner, LifecycleStatus, Subtype J i CDS .C—.> Indian River County, Distribution Main — lir ' Wrj .cc• /<\ \ f:♦ OK tn] 1 i TI> f � I 1 LLf 1 I 66TH PLL xw (Onection Point 66TH LN ---------------- MEN r —'PRO EUBOUND' Proposed 6" Water Main ,65THST;+ 1 I u..- I,, I I..., I alfa 1 1 � f (s wirurER; =� Existing 12" WM BEACH R_D)` .632 Providing (First Resolution) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION FROM 65th STREET TO 69TH STREET, ALONG 51sT AVENUE TO INCLUDE CERTAIN SPECIALLY BENEFITED PROPERTIES ABUTTING 51sT AVENUE WITHIN A PORTION OF WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK LOCATED WITHIN UNINCORPORATED INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of.the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 65th Street to 69th Street, along 51St Avenue within a portion of Winter Beach Highlands and a portion of Winter Beach Park .located within unincorporated, Indian River County, Florida NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that a water main shall be extended from 65th Street to 691h Street, along 515L Avenue located within unincorporated Indian River County, Florida, to specially benefit 31 parcels located within a portion of Winter Beach Highlands and a portion of Winter Beach Park ("Improvements"), and that the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $291,400.00 or $9,400.00 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against certain lots and lands adjoining. and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 4. A special assessment in the amount of $9,400.00 per parcel may.be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in.Section 206.07 of The Code of Indian River County. 5. The special assessments shall be due and payable and maybe paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the 160 special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of. County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Departmentof Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman - Joseph E. Flescher Vice Chairman - Peter D. O'Bryan Commissioner- Susan Adams Commissioner - Laura Moss Commissioner -Joseph H. Earman The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2021. Attest: Jeffrey R. Smith, Clerk of BOARD OF COUNTY COMMISSIONERS Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 161 Time and Place (Second Resolution) RESOLUTION NO. 2021- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH OWNERS OF CERTAIN PROPERTIES ABUTTING 51sT AVENUE FROM 65TH STREET TO 69TH STREET WITHIN A PORTION OF WINTER BEACH HIGHLANDS AND A PORTION OF WINTER BEACH PARK LOCATED WITHIN UNINCORPORATED, INDIAN RIVER COUNTY, FLORIDA; AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSION, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2021- ,determined that the improvements herein described are necessary to promote the public welfare of the citizens of the county, and particularly as to those living,.working, and owning property within the area described hereinafter, that a water main extension on 511t Avenue from 65th Street to 69th Street to serve 31 parcels within a portion of Winter Beach Highlands and a portion of Winter Beach Park located within unincorporated, Indian River County, Florida ("Improvements"); and WHEREAS, as access to water provides an equal benefit to each property served, the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $291,400.00 or $9,400.00 per parcel; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The Board of County Commissioners shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, March 9, 2021, at which time the owners.of the specially benefited properties to be specially assessed and any other interested persons, may appear before said Commission and be 162 heard as to the propriety and advisability of making the improvements, the cost thereof, the manner of payment therefor, and the amount to be assessed against each property. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman -Joseph E. Flescher Vice Chairman - Peter D. O'Bryan Commissioner—Susan Adams Commissioner -Laura Moss Commissioner—Joseph H. Earman The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2021. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 163 Parcel # 32390900003000000005.0 Assessment= $9,400.00 Owner LONG, WILLIAM H III & JOANNE H Secondary Owner Mailing Address 127 KINGSTON DR BEAR DE 19701 Legal WINTER BEACH HIGHLANDS LOT 5 PBI 6-58 Revision Date: Site Address 6646 51ST AV 12/30/2020 Parcel # 32390900003000000006.0 Assessment= $9,400.00 Owner PAVLIK, FRANCIS J (LE) Secondary Owner PAVLIK, ALEXANDER M Mailing Address 5706 38TH ST VERO BEACH FL 32966 Legal WINTER BEACH HIGHLANDS LOT PBI 6-58 Revision Date: Site Address 6636 51ST AV 12/30/2020 Parcel # 32390900003000000007.0 Assessment= $9,400.00 Owner BENTON, TRISHIA N Secondary Owner AUSTIN, CRAIG M Mailing Address 6626 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 7 PBI 6-58 Revision Date: 'Site Address 6626 51ST AV 12/30/2020 164 Parcel # 32390900003000000008.0 Assessment= $9,400.00 . Owner SMIDLEY, TIFFANY Secondary Owner Mailing Address 6616 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 8 PBI 6-58 Revision Date: Site Address 6616 51ST AV 12/30/2020 Parcel # 32390900003000000009.0 Assessment= $9,400.00 Owner WOOD, DANIEL Secondary Owner OGLESBY, LACY COX Mailing Address 6596 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 9 PBI 6-58 Revision Date: Site Address 6596 51ST AV 12/30/2020 Parcel # 32390900003000000010.0 Assessment= $9,400.00 Owner RACANIELLO, ANTHONY D Secondary Owner RACANIELLO, HALEY G Mailing Address 6576 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 10 PBI 6-58 Revision Date: Site Address 6576 51ST AVE 12/30/2020 Page 2 165 Parcel # 32390900003000000011.0 Assessment= $9,400.00 Owner WARREN, JAMES T and PRISCILLA L Secondary Owner Mailing Address 6570 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 11 PBI 6-58 Revision Date: Site Address 6570 51ST AV 12/30/2020 Parcel # 32390900003000000012.0 Assessment= $9,400.00 Owner ARIZPE, JUAN F Secondary Owner Mailing Address 6566 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 12 PBI 6-58 Revision Date: Site Address 6566 51ST AV 12/30/2020 Parcel,# 32390900003000000013.0 Assessment= $9,400.00 Owner SISTLER, WILLIAM H & BRENDA H Secondary Owner Mailing Address 108 KILDARE DR SEBASTIAN FL 32958 Legal WINTER BEACH HIGHLANDS LOTS 13 & 14 PBI 6-58 Revision Date: Site Address 6556 51ST AV 12/30/2020 Page 3 166 Parcel# 32390900003000000016.0 Assessment= $9,400.00 Owner SCHENSKY, ELDRIDGE V Secondary Owner Mailing Address 6535 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 16 PBI 6-58 Revision Date: Site Address 6535 51ST AV 12/30/2020 Parcel# 32390900003000000017.0 Assessment= $9,400.00 Owner THOMPSON-HILL, LINDA Secondary Owner Mailing Address 6545 51ST AVE. VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOTS 17 & 18 PBI 6-58 Revision Date: Site Address 6545 51ST AV 12/30/2020 Parcel # 32390900003000000019.0 Assessment= $9,400.00 Owner BRISSETTE, JEFFREY P Secondary Owner Mailing Address 6565 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 19 & LO T 20 LESS N 1/2 PBI 6-58 Revision Date: Site Address 6565 51ST AV 12/30/2020 Page 4 167 Parcel # 32390900003000000020.1 Assessment= $9,400.00 Owner OHLER, JOHN MICHAEL JR & JOY BASS Secondary Owner Mailing Address 6585 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS N 1/2 OF LO T 20 & ALL LOT 21 PBI 6-58 Revision Date: Site Address 6585 51ST AV 12/30/2020 Parcel # 32390900003000000022.0 Assessment= $9,400.00 Owner OHLER, JOHN M JR Secondary Owner Mailing Address 6585 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 22 PBI 6-58 Revision Date: Site Address 6595 51ST AV 12/30/2020 Parcel # 32390900003000000023.0 Assessment= $9,400.00 Owner BASS, OSCAR E and LAWANA J Secondary Owner Mailing Address 6615 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOTS 23 & 2 4 PBI 6-58 Revision Date: Site Address 6615 51ST AV 12/30/2020 Page 5 168 Parcel# 32390900003000000025.0 Assessment= $9,400.00 . Owner HOPKINS, DUSTIN G Secondary Owner DUPUIS, CARLEE M Mailing Address 6635 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH HIGHLANDS LOT 25 PBI 6-58 Revision Date: Site Address 6635 51ST AV 12/30/2020 Parcel # 32390900005000000001.0 Assessment= $9,400.00 Owner LOUDERMILK, STEVEN M Secondary Owner Mailing Address 6655 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 1 PBI 10-7 Revision Date: Site Address 6885 51ST AV 12/30/2020 Parcel # 32390900005000000002.0 Assessment= $9,400.00 Owner MARTIN, CAROLYN S & ARTHUR T Secondary Owner Mailing Address 6880 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 2 PBI 10-7 Revision Date: Site Address 6880 51ST AV 12/30/2020 Page 6 169 Parcel # 32390900005000000003.0 Assessment= $9,400.00 Owner COUNCIL, SHAWN M Secondary Owner Mailing Address 6865 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 3 PBI 10-7 Revision Date: Site Address 6865 51ST AV 12/30/2020 Parcel # 32390900005000000004.0 Assessment= $9,400.00. Owner CAVANAUGH, DIXIE M Secondary Owner Mailing Address 6868 S1ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 4 PBI 10-7 Revision Date: Site Address 6868 51ST AV 12/30/2020 Parcel# 32390900005000000005.0 Assessment= $9,400.00 Owner COUNCIL, THOMAS F and NADINE C Secondary Owner Mailing Address 6845 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 5 PBI 10-7 Revision Date: Site Address 6845 51ST AV 12/30/2020 Page 7 170 Parcel # 32390900005000000006.0 Assessment= $9,400.00 Owner MCINTOSH, JAMES M Secondary Owner Mailing Address 6840 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 6 PBI 10-7 Revision Date: Site Address 6840 51ST AV 12/30/2020 Parcel # 32390900005000000007.0 Assessment= $9,400.00 Owner UONOFRIO, SABINA Secondary Owner Mailing Address 6825 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 7 PBI 10-7 Revision Date: Site Address 6825 51ST AV 12/30/2020 Parcel # 32390900005000000008.0 Assessment= $9,400.00 Owner GIANNA, FRANK J and JANE P Secondary Owner Mailing Address 6820 51ST AVE VERO BEACH FL 32968 Legal WINTER BEACH PARK LOT 8 PBI 10-7 Revision Date: Site Address 6820 51ST AV 12/30/2020 Z Page 8 171 Parcel # 32390900005000000009.0 Assessment= $9,400.00 Owner MEARS, MARK (TR) Secondary Owner Mailing Address 6785 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 9 PBI 10-7 Revision Date: Site Address 6785 51ST AV 12/30/2020 Parcel # 32390900005000000010.0 Assessment= $9,400.00 Owner BRITTINGHAM, STEPHEN T & ROBIN S Secondary Owner Mailing Address 6780 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 10 PBI 10-7 Revision Date: Site Address 6780 51ST AV 12/30/2020 Parcel # 32390900005000000011.0 Assessment= $9,400.00 Owner BURZYNSKI, DONALD R and PATRICIA JOY Secondary Owner Mailing Address 6765 51ST AVE VERO BEACH FL 32966 Legal WINTER BEACH PARK LOT 11 PBI 10-7 Revision Date: Site Address 6765 51ST AV 12/30/2020, Page 9 172 Parcel # 32390900005000000012.0 Assessment= $9,400.00 Owner PREZIOSO, CAROL K Secondary Owner Mailing Address 6760 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 12 PBI 10-7 Revision Date: Site Address 6760 51ST AV 12/30/2020 Parcel# 32390900005000000013.0 Assessment= $9,400.00 Owner BRIGGS, JAMES A & CYNTHIA 0 Secondary Owner Mailing Address 6745 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 13 PBI 10-7 Revision Date: Site Address 6745 51ST AV 12/30/2020 Parcel # 32390900005000000014.0 Assessment= $9,400.00 Owner SIMMONS, JEFFREY A Secondary Owner SIMMONS, YUXIA Mailing Address 6740 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 14 PBI 10-7 Revision Date: Site Address 6740 51ST AV 12/30/2020 Page 10 173 Parcel # 32390900005000000016.0 Assessment= $9,400.00 Owner WANDS, GERARD K Secondary Owner RICHARDS, REGINA Mailing Address 6720 51ST AVE VERO BEACH FL 32967 Legal WINTER BEACH PARK LOT 16 PBI 10-7 Revision Date: Site Address 6720 51ST AV 12/30/2020 Parcel # Assessment= Owner Secondary Owner Mailing Address Legal Revision Date: Site Address Parcel # Assessment= Owner Secondary Owner Mailing Address Legal Revision Date: Site Address Page 11 174 51St Avenue Water Assessment Project Resolution I and II b �d \TILIT��� c� ickground w October 20, 2020 — BCC authorized staff to proceed with the petition, surveying, engineering design, permitting, and resolutions w 31 benefiting parcels w 24 of the 31 parcels are in favor (77.4%) Proposed cost for total project is estimated at $291,400, which comes to approximately $9,400 per parcel (does not include other connection fees such as impact fees and deposits) ;sessment Area Map tiwT PROPOSED WATER ASSESSMENT PROJECT LOGATIONMAP PAau rmrcnmem l Y !f ,Connection Point LegenO -- Parcels ProposedVJaterAsst. .e _. pSig�ned_Pet PROPOSED BOUNDARY-" _ YES (24) NO (T) ©Baundsty Proposed 6 Water Main d,--- - >' wPressurizedMain Owner, LYtecycieStatus, Subtype _. .. indan Rr;tt Cwmy Orn.wb m— ul J �4 Si y Moe Y ' 4 r Existing 6" WM � - _.._,. _ lilt luJad r NO _. Nal � _ _ ♦ -� Connection Paint - r PROPOSED BOUNDARY ' Proposed 6" WaterMain " Connection Pomt { t ..� 55Tt15T rS ;ommendation Adopt Resolution I providing for the installation of the water main within the 51St Avenue water assessment project, subject to the terms outlined in the resolution. BCC shall establish applicable interest rate at the time the final assessment is approved. Adopt Resolution II setting the time and place of the public hearing for Tuesday, March 9, 2021, at 9:05 am, in the Indian River County Commission Chambers. s Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 8, 2021 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 4 to Andersen Andre Consulting Engineers, Inc. Descriptions and Conditions: On April 7, 2020, the Indian River County (IRC): Solid Waste Disposal District (SWDD) Board authorized Work Order No. 32 to Kimley-Horn and Associates, Inc. (KHA) for the design of a new facility for transferring recyclables and household hazardous waste (HHW). As part of the design process, certain geotechnical testing is required to ascertain the existing subsurface condition and the evaluation of soils to be utilized for the foundation of the new facility. Since IRC has existing geotechnical contracts, SWDD staff has obtained the attached proposal from Andersen Andre Consulting Services, Inc. (AACE) to provide these services. The contract with AACE was approved on December 4, 2018. Analysis: Per the attached Work Order No. 4, AACE has proposed to provide both geotechnical field services and pre -construction fill selection services. Based on the proposed design by KHA, AACE has proposed to perform eight (8) standard penetration test (SPT) borings (ASTM D1586) to depths of 30 feet below the existing ground surface. In addition, as requested, AACE has proposed to complete two (2) double ring infiltrometer tests (ASTM D3385) and two (2) 6 -ft deep in-situ borehole permeability tests. AACE will also periodically visit the landfill and inspect/sample ±160 cubic yard (CY) stockpiles on an estimated 22 occasions for the purpose of rendering an opinion relative to the suitability of each stockpile for use as either roadway construction, landscape fill material, or mass site and pad fill for the new facility.. Prior to any subsurface investigation activities, AACE will be obtaining standard underground utility locates. In addition, AACE has included in their budget for a private utility locate company (GeoTek Services, LLC) who will scan the boring locations using ground penetrating radar and electromagnetic induction. AACE will provide appropriate laboratory testing and provide an engineering analysis report as a deliverable for the project. 175 AACE has proposed a not -to -exceed budget of $23,542 and has estimated up to 18 days to complete the subsurface exploration services and submit the final report. The pre -construction fill selection services will be provided on an as -needed basis. Funding: Funding for the SWDD HHW and recycling facility conceptual design is budgeted and available in the capital account in the SWDD Landfill and Recycling Fund, which is funded from SWDD assessments and user fees. The account has a total proposed budget of $3.8 million for the 2020/2021 fiscal year. The approval of Work Order No. 4 to AACE would come from the capital account. Description Account Number Amount Engineering Services — HHW Facility 411-169000-20029 $14,130.29 Engineering Services — Recycling Transfer Facility 411-169000-20030 $ 9,411.71 Total = $23,542.00 Recommendation: Staff recommends that its Board approve the following: a) Approve Work, Order No. 4 to Andersen Andre Consulting Engineers, Inc. for $23,542, for the geotechnical services for the Solid Waste Disposal District Recycling Transfer and Household Hazardous Waste Facility. b) Authorize the Chairman to execute the same, as presented. Attachments: 1. Work Order No. 4 176 WORK ORDER NUMBER 4 Geotechnical Services for Recycling Transfer and Household Hazardous Waste Facil This Work Order Number 4 is entered into as of this day , 2021 pursuant to that certain Continuing Contract Agreement for Continuing Geotechnical Engineering into on the 4t'day of December, 2018 collectively referred to as the "Agreement", by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Andersen Andre Consulting Engineers, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit A (Scope of Services), attached to this Work Order No. 4 and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: ANDERSEN ANDRE CONSULTING ENGINEERS, INC. By: Name: Title: By: Approved: Approved as to form and legal sufficiency:, By: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Joseph E. Flescher Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Jason E. Brown, County Administrator Dylan Reingold, County Attorney 177 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County Solid Waste Disposal District 1325 74`" Avenue SW Vero Beach, FL 32968 Attention: Mr. Himanshu H. Mehta, P.E. Managing Director PROPOSAL FOR SUBSURFACE SOIL EXPLORATION AND GEOTECHNICAL ENGINEERING CONSULTING INDIAN RIVER COUNTY LANDFILL IMPROVEMENTS PROPOSED HOUSEHOLD HAZARDOUS WASTE FACILITY INDIAN RIVER COUNTY, FLORIDA RACE Proposal No. P20-1772 (November 2, 2020) December 17, 2020 (Rev2) As requested, Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for preparing a subsurface exploration and geotechnical engineering evaluation for the above referenced project. The purpose of the exploration is to obtain general subsurface soil information so that recommendations can be provided for site preparation procedures, foundation design, and other geotechnical aspects of the proposed development project. Additionally, as requested, pre -construction materials testing services will be performed as part of a fill stockpiling process. PROTECT UNDERSTANDING Based on our review of the forwarded project information prepared by Kimley-Horn, we understand that it is proposed to construct a single -story ±29,000SF prefabricated metal building ("Household Hazardous Waste Facility") with a column spacing of about 75'x40', maximum column loads of 45 kips (gravity) and 60 kips (uplift), and maximum wall loads of 1 KLF. Further, as part of a pre -construction fill selection process, we understand that the County is proposing to stockpile suitable fill materials as they are being hauled to the landfill from various construction sites around the county. As part of that process, AACE is being requested to periodically visit the landfill and inspect/sample ±160CY stockpiles on an estimated 22 occasions for the purpose of rendering an opinion relative to the suitability of each stockpile for use as either roadway construction, landscape fill(') material, or mass site and pad fill for the new facility. Note (1): With respect to landscape fill, RACE will simply provide information relative to organic content and percent fines of the materials; no nutrient testing will be performed. GEOTECHNICAL FIELD EXPLORATION PROGRAM Based on our understanding of the project, and our experience with subsurface conditions in the site vicinity, and on the request of Kenley -Horn, we propose to perform eight (8) Standard Penetration Test (SPT) borings (ASTM D1586) to depths of 30 feet below the existing ground surface. In addition, as requested, we proposed to complete two (2) Double Ring Infiltrometer tests (ASTM D3385) and two (2) 6 -ft deep in-situ borehole permeability tests. 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772=807-9191 Fx: 772-807-9192 www.aaceinc.com INDIAN RIVER COUNTY LANDFILL IMPROVEMENTS PROPOSED RECYCLING FACILITY AACE PROPOSAL No. P20-1772 General Comments Page -2- Our field work will be completed using truck -mounted drilling equipment and support trucks. An AACE field engineer will oversee all drilling/ field work operations. RACE will take reasonable efforts to reduce damage to property, such as rutting of the ground surface. However, it should also be understood that in the normal course of our work some such disturbance could occur. We have not budgeted to restore the site beyond backfilling our boreholes with accumulated soil cuttings. If there are any restrictions or special requirements regarding this site or exploration, these should be known prior to commencing the field work. Safe AACE has a commitment to safety of all its employees. As such, and in accordance with our safety culture, we will prepare a "Pre -Task Plan" to identify the potential site safety and job hazards associated with the proposed scope of work. Prior to commencement, and during on-site activities, we will re- evaluate potential job hazards and appropriate safe working procedures. At this time, we anticipate that a United States Occupational Safety and Health Administration (OSHA) Level D work uniform consisting of hard hats, traffic vests, safety glasses, protective gloves, and steel -toed boots will be required by all personnel in the work area. Underground Utility Location Services Florida Statute 240, Section 556.101 through 556.111 established a state-wide service, whereby persons or companies who plan to excavate the earth may advise Sunshine State One -Call Center (Sunshine 811) of the location, date and other operation particulars, to allow affected utility companies the opportunity to mark the location of their buried lines prior to excavation. The statute provides for fines and other sanctions to be imposed in the event that such notification is not given. To comply with this statute, if deemed necessary, representatives of AACE will notify Sunshine 811 of our proposed explorations. In addition, non- participating utility companies, as identified by us, will be notified of our proposed explorations. This service will require a lead time of between 2 and 5 business days, prior to the mobilization of exploration equipment, to comply with Sunshine 811 operation procedures. In addition to noti ,ling Sunshine 811, we have included a budget for a private utility locate company (GeoTek Services. LLC) who will scan the boring locations using Ground Penetrating Radar and Electromagnetic Induction. LABORATORY TESTING PROGRAM AACE's project engineer will perform visual classification on the recovered samples and will coordinate a suitable laboratory testing program of select samples. Laboratory testing may include grain size, Atterberg limits, organic content, moisture content, etc. ENGINEERING ANALYSIS & REPORT AACE will perform engineering analysis of all data obtained to evaluate general subsurface conditions and to develop engineering recommendations to guide site preparation procedures, foundation design, and any other pertinent geotechnical engineering aspects of the project. Our recommendations will be presented in a written report upon conclusion of the study, along with all data developed durinithe exploration and our laboratory testing. 79 INDIAN RIVER COUNTY LANDFILL IMPROVEMENTS Page -3 PROPOSED RECYCLING FACILITY RACE PROPOSAL No. P20-1772 SCHEDULE Weather condition permitting, we will mobilize our crews and drilling equipment within 3 to 5 business days. We preliminarily estimate that AACE's field work will have a duration of 2 to 3 days. Our laboratory testing and report preparation will, require an additional 7 to 10 business days to complete, however, verbal recommendations can be provided shortly after the completion of the field and laboratory exploration program. COST ESTIMATE Based on our knowledge of the project to -date, the attached summary of services and corresponding fees will be necessary to meet our goals. We expect that the total fee for our services will not exceed $23,542.00. Should we encounter conditions on the site that warrant more investigative effort than anticipated, we will inform you immediately. AACE will not proceed with additional work without your approval. Charges will be made for the work actually performed using the unit fees given in the attached "Project Services and Fees" which are included in our Continuing Services Contract with Indian River County. TERMS & CONDITIONS This proposal is subject to the following terms and conditions: (1) the site is accessible to our field crews and equipmentl, (2) we have right of entry onto the site, (3) the requested number of borings and the boring depths will be sufficient for our analysis, (4) AACE will contact the Sunshine 811 and coordinate the location of underground utilities through them. We cannot take responsibility for damages to underground structures and/or services which do not subscribe to "Sunshine"; their locations are to be provided by the client prior to commencement of.the field work. . CLOSURE We sincerely appreciate the opportunity to present this proposal. If the terms above are acceptable to you, please sign and return the attached Professional Services Agreement as an indication of your acceptance and authorization to proceed with the work., Please contact us if you should have any questions concerning this cost estimate. Best regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, P.E. Principal Engineer �t,, -?. J.. David P. Andre, P.E. Principal Engineer Attachments: Project Services and Fees Professional Services Agreement & General Conditions ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM 180 INDIAN RIVER COUNTY LANDFILL IMPROVEMENTS Page -4- PROPOSED RECYCLING FACILITY RACE PROPOSAL No. P20-1772 Project Services and Fees Geotechnical Services 1. Project Management (Layout of Boring Locations and Underground Utility Clearance): Staff Engineer; 5 hours @ $80.00/hour............................................... $400.00 2. Utility Locating Services (by GeoTek Services, LLC); $1,500.00 plus 15% ........... $1,725.00 3. Mobilization/Demobilization of Truck -Mounted Drilling Equipment ....................... $250.00 4. Standard Penetration Test borings (8 borings to 30 feet): 200 feet of borehole (0-25 feet bls) @ $14.00/foot.................................... $2,800.00 40 feet of borehole (26-50 feet bls) @ $15.00/foot...................................... $600.00 5. DRI Tests: 2 tests @ $500.00/test.................................................. $1,000.00 6. Borehole Permeability Tests: 2 tests @ $375.00/test..................................... $750.00 7. Laboratory Testing Program: Visual Classification and Laboratory Test for Classification and Determination of Strength and Compressibility Characteristics. These May Include Natural Moisture Content, Organic Content, Grain -Size Analysis, Etc. Budget Allowance................................................................. $700.00 8. Engineering Services & Report Preparation: Principal Engineer (P.E.): Senior Project Engineer (P.E.): Project Engineer (P.E.): Staff Engineer: CAD Draftsman/Technical Secretary: Materials Testing Services (Stockpile Review) $135.00/hour $120.00/hour $95.00/hour $80.00/hour $48.00/hour Estimate:.... $1,600.00 Subtotal ............... $9,825.00 1. Site Visits for Stockpile Review/Sampling: 22 site visits (Sr. Engineering Technician) @ 3 hours/site visit @ $59.00/hour.............. $3,894.00 2. Laboratory Testing Program (based on collecting 3 samples per stockpile/visit, if needed): Staff Engineer (lab classification of up to 66 samples); 0.5 hours/sample @ $80.00/hour ..... $2,640.00 Percent Fines (-200 wash) tests; 66 tests @ $50.00/test................................. $3,300.00 Organic Content tests; 66 tests @ $35.00/test........................................ $2,310.00 3. Engineering Review and Report Issuance: Project Engineer (P.E.); 22 events @ 0.5 hour per event @ $95.00/hour .................. $1,045.00 Technical Secretary; 22 events @ 0.5 hour per event @ $48.00/hour........................ $528.00 Subtotal .............. $13,717.00 Total Budget .............................................. $23,542.00 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM