HomeMy WebLinkAbout06/22/2021 (3)�LORiU%
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COUNTY COMMISSIONERS
Chairman, Joseph E. Flescher, District 2
Vice Chairman, Peter D. O'Bryan, District 4
Commissioner Susan Adams, District I
Commissioner Joseph H. Earman, District 3
Commissioner Laura Moss, District 5
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY FLORIDA
COMMISSION AGENDA
TUESDAY, JUNE 22, 2021 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.iregov.com
Jasc•n E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
This meeting can be attended virtually via Zoom. Instructions can be found at the
end of this agenda and also online at www.ircgov.com.
1. CALL TO ORDER
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.B. INVOCATION
Reverend Hugh King, First Church of the Nazarene
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring Darren Schmucker on His Retirement
From Indian River County Board of County Commissioners Department of General
Services / Parks and Recreation. Division with Thirty -Two Years of Service
Attachments: Proclamation
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
June 22, 2021 Page 1 of 5
7.A. Holiday Schedule for the Indian River County Library System, Parks and
Recreation, Aquatic Centers, Indian River County Sandridge Golf Course, Public
Shooting Range, Veterans Services and Intergenerational Recreation Center (iG)
Attachments: County Holiday Hours
7.B. Landfill Closure for the 4th of July Holiday
Attachments: Staff Report
8. CONSENT AGENDA
8.A. Notice of Grant Award from the Indian River Lagoon Council - Small Grants
Program Contract Number 2021 SG -06
Attachments: Staff Report
IRL Agreement
Grant Form IRLC
8.B. Approval of the Bill of Sale of Utility Facilities to City of Vero Beach, Florida
Attachments: Staff Report JRTC
Bill of Sale of Utility Facilities
8.C. Legal Services - Labor and Employment Matters
Attachments: Staff Report
Fisher & Phillips Engagement Letter
8.D. Approval of Flexible Spending Account (FSA), COBRA, and Retiree Billing
Providers effective October 1, 2021
Attachments: Staff Report
Lockton Marketing Analysis for FSA, COBRA and Retiree Billing
Breakdown of Recommended Vendors
Sample Agreement Clarity Benefit Solutions for Retiree Billing
Sample Agreement P & A Group for FSA & COBRA
8.E. North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order
#1 - Increased Materials Cost
Attachments: Staff Report
Change Order #1 Centerline Inc
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. IRC County Judge Nicole P. Menz re: Award of the 2021/2022 Alcohol and Other
Drug Abuse Treatment Fund and Designation of Indian River County's Problem
Solving Courts as a Chosen Program Recipient
Attachments: Memorandum from Judge Menz
10. PUBLIC ITEMS
June 22, 2021 Page 2 of 5
June 22, 2021 Page 3 of 5
A.
PUBLIC HEARINGS
B.
PUBLIC DISCUSSION ITEMS
10.B.1. Request to Speak from Lisa Syncerski re: Free All Captive Elephants (FACE)
Attachments: Public Discussion Request
10.11.2. Request to Speak from John & Susan Cannon re: Water Liens at 1295 and 1355
5th Ave SW
Attachments: Public Discussion Request Cannon
C.
PUBLIC NOTICE ITEMS
11.
COUNTY ADMINISTRATOR MATTERS
12.
DEPARTMENTAL MATTERS
A.
Community Development
B.
Emergency Services
C.
General Services
D.
Human Resources
E.
Information Technology
F.
Office of Management and Budget
G.
Public Works
H.
Utilities Services
12.11.1. Amendment 1 to Work Order No. 3 for Bowman Consulting Group, Ltd., West
Wabasso Septic to Sewer Phase 3
Attachments: Staff Report
Location Map - Phase 3C
Amendment 1 to 'vVork Order No 3
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
June 22, 2021 Page 3 of 5
14.E.1. The Water of Indian River County
Attachments: Commissioner's Memorandum
Attachment 1 - 2020 Florida Statutes Chapter 582.19 (5)
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.B.1. Request for Relocation and Installation Services from Inter -Block Retaining
Systems, Inc.
Attachments: Staff Report
Proposal from Inter -Block Retaining Systems Inc
Detailed Construc`ion Plan for Enviro-Block Placement
15.B.2. Approval for Rehabilitation of the Above Ground Storage Tank at the IRC
Landfill
Attachments: Staff Report
Memorandum from Kimley-Horn
Proposal from Crom Corporation
C. Environmental Control Board
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on he 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 tis meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is
also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
June 22, 2021 Page 4 of 5
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.
June 22, 2021 Page 5 of 5
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PROCLAMATION
HONORING DARREN SCHMUCKER ON HIS RETIREMENT FROM THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF GENERAL SERVICES / PARKS AND RECREATION
DIVISION
WHEREAS, Darren Schmucker has announced his retirement from the Indian River
County Department of General Services, Parks and Recreation effective June 24,
2021; and
WHEREAS, Darren Schmucker began his career with Indian River County on
February 20, 1989, as a Maintenance Worker I with the Parks Division. Less than a
month later, his position was upgraded to Maintenance Worker II. On March 30,
2001 he was promoted to Senior Maintenance Worker, which is the position he has
held until his retirement; and
WHEREAS, Darren Schmucker's performance reflects his dedication to the County
and the parks under his care have been maintained at the highest level. Darren
Schmucker is respected by all of his co-workers and has been a big asset to the Parks
Maintenance Division and Indian River County. Darren Schmucker's hard work and
dedication during his years of County Service has been upstanding and reflected in
our beautiful parks.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
applauds Darren Schmucker's efforts on behalf of the County, and the Board wishes
to express their appreciation for the dedicated service he has given to Indian River
County for the last thirty-two years; and
BE IT FURTHER PROCLAIMED that the Board of County Commissioners and
staff extend heartfelt wishes for success in his future endeavors!
Adopted this 22th day of June 2021.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph E. Flescher, Chairman
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INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Office of Assistant County Administrator
Department of General Services
Date: June 14, 2021
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
From: Michael C. Zito, Assistant County Administrator/
Department of General Services
Subject: Holiday Schedule for the Indian River County Library System, Parks and
Recreation, Aquatic Centers, Indian River County Sandridge Golf Course,
Public Shooting Range, Veterans Services and Intergenerational Recreation
Center (iG)
The majority of Indian River County Department's operations will be closed and employees will
have following official holidays observed, as follows:
• Independence Day, observed on Monday, July 5, 2021
• Labor Day, Monday, September 6, 2021
• Veteran's Day, Thursday, November 11, 2021
• Thanksgiving Holiday, Thursday & Friday, November 25 and 26, 2021
• Christmas Holiday: Observed Thursday and Friday, December 23 and 24, 2021.
o Christmas Day falls on Saturday, December 25, 2021
• New Year's Day falls on Saturday, observed on Friday, December 31, 2021
The holiday hours will vary for the following operations:
INDIAN RIVER COUNTY LIBRARIES:
The Main Library is normally open seven (7) days a week and the North County Library is open
every day except Sunday. The Brackett Library is not open on the weekends. During the holidays,
the Library System will close facilities, as follows:
Fourth of July:
July 4, 2021, Sunday, Official holiday, Main Library will be closed.
July 5, 2021, Monday (County observes holiday). All libraries closed.
Labor Day
Monday, September 6, 2021
Veterans Day,
Thursday, November 11, 2021
Thanksgiving Holiday:
Thursday & Friday, November 25 and 26, 2021
Christmas:
Thursday, Friday & Saturday, December 23, 24 and 25, 2021
New Year's Eve:
Friday, December 31, 2021
New Year's Day
Saturday, January 1, 2022
Note: All library on-line information services are available 24/7/365 at www.irclibrary.org.
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COUNTY PARKS WILL BE OPEN THROUGHOUT THE HOLIDAYS.
AQUATIC CENTERS:
The regular hours of operations for the North County Aquatic Center are as follows:
Competitive Pool: Mon/Wed/Fri 6:00 am - 6:00pm / Tues/Thurs 9:00am - 6:00pm
Saturday: 9:00 am - 5:00pm / Sunday: 12:00pm - 5:00pm
Over the holidays, the Aquatic Centers operations are as follows:
Independence Day Sunday July 4, 2021 Open Normal Hours
Monday July 5, 2021 Open Normal Hours
Veteran's Day: Opened Veteran's Day, Thursday, November 11, 2021, 10:00 am — 3:00 pm
Thanksgiving: Closed: Thursday & Friday, November 25 and 26, 2021
Christmas: Closed: Thursday and Friday, December 23 and 24, 2021
New Year's Eve: Friday, December 31, 2021 Open Normal Hours. The Competitive Pool will
be open their regular hours of 12:00 pm — 6:00 pm.
New Year's Day: NCAC Opened - Saturday, January 1, 2022, from 10:00 am — 3:00 pm
New Year's Day: GAC — Closed
SANDRIDGE GOLF COURSE:
Regular hours of operations for the Golf Course Pro Shop are from 6:45 am to 5:30 pm daily. The
hours during the holidays are as follows:
Thanksgiving: Thursday, November 25, the last 18 -hole tee time will be 10:44 a.m., and
Pro Shop will close at 2:00 p.m.
Christmas Eve: Friday, December 24, the last I8 -hole tee time will be 10:44 a.m.
Pro Shop will close at 2:00 p.m.
Christmas Day: Saturday, December 25, the Golf Courses will be closed
New Year's Day: Open with normal hours of operation on both New Year's Eve and New
Years' Day
INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE:
The Regular hours of operation for the Shooting Range are 9:00 am - 5:00 pm, Thursday through
Monday, weather permitting. The range is normally closed on Tuesday and Wednesday.
Please note that the Shooting Range will be open on Independence Day, Sunday, July 4, 2021.
In observance of the holidays, the Shooting Range will be closed as follows:
Monday, July 5, 2021
Monday, September 6, 2021
Thursday, November 11, 2021
Thursday, November 25, 2021
Friday, November 26, 2021
Thursday, December 23, 2021
Friday, December 24, 2021
Saturday, December 25, 2021
Friday, December 31, 2021
Saturday, January 1, 2022
(Independence Day Observed)
(Labor Day)
(Veterans Day)
(Thanksgiving)
(Day after Thanksgiving)
(County observed day) Open 9:00 AM to 5:00 PM
(Christmas Eve)
(Christmas Day)
(New Year's Day observed) Open 9:00 AM to 5:00 PM
(New Years Day) Closed
Holiday Schedule for the Indian River County Library System, Parks and Recreation, Aquatic Centers, Indian River
County Sandridge Golf Course, Public Shooting Range, Veterans Services and Intergenerational Recreation Center
(iG)
INTERGENERATIONAL RECREATION FACILITY
Closed
Sunday, July 4, 2021
Closed
Monday July 5, 2021
Closed:
Thursday, November 11, 2021
Closed:
Thursday & Friday, November 25 and 26, 2021
Closed:
Thursday, December 23, 2021
Closed:
Friday, December 24, 2021
Closed:
Saturday, December 25, 2021
Closed:
Friday, December 31, 2021
Closed:
Saturday, January 1, 2022
(Independence Day)
(Independence Day Observed)
(Veteran's Day Observed)
(Thanksgiving Holiday)
(Christmas observed)
(Christmas Eve)
(Official Christmas Day)
(New Year's Observed)
(New Year's Day)
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Informational Item
Tr
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 10, 2021
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD
Subject: Landfill Closure for the 4th of July Holiday
In observance of Independence Day, the Main County Landfill and the five Customer Convenience
Centers will be closed on Sunday, July 4th. There will be no disruption to residential curbside
services for garbage, recycling, or yard waste. Residents may visit the Solid Waste Disposal
District website at ircrecycles.com for more information.
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SWDD Agenda - Page 1-
Date: June 10, 2021
INDIAN RIVER COUNTY, FLORIDA
INTEROFFICE MEMORANDUM
Parks & Recreation /
Department of General Services
To: Jason E. Brown, County Administrator
Thru: Michael C. Zito, Assistant County Administrator
Dylan Reingold, County Attorney
Kevin Kirwin, Director Parks & Recreation
From: Beth Powell, Asst. Director Parks & Conservation Resources
Subject: Notice of Grant Award from the Indian River Lagoon Council — Small Grants
Program Contract Number 2021SG-06
DESCRIPTIONS AND CONDITIONS
Over the last four years staff has been working on the development and implementation of
improvements to the Jones' Pier Conservation Area, which include repairs from Hurricane
Matthew. These public use improvements include: a living shoreline project; creation of a 4 -acre
saltmarsh; restoration of coastal hammock; trails and boardwalks; picnic/restroom facilities; and
renovation of the historic buildings on site. Future plans for the small concrete cottage on site were
identified as renovating and re -purposing the building to accommodate a facility for staff,
volunteers, docents and researchers associated with projects and volunteer work. As part of this
effort, staff has been developing working relationships with project partners, scientific
organizations, and academic groups with the goal of promoting environmental education and
research opportunities. To that end, County staff met with Indian River State College's (IRSC)
Biological Sciences Department staff to discuss opportunities for their environmental and marine
science students to complete research projects within the County's various conservation areas.
The IRLNEP Small Projects Grant will provide funding towards the conversion of the kitchen
within the concrete cottage into a wet lab suitable for use by the IRSC students, as well as for future
science organizations and school groups. The grant provides funding for equipment and kitchen
improvements that will be completed using staff, student groups, and volunteer assistance. More
specifically, this project will include the purchase of a refrigerator, dissecting microscope,
macroinvertebrate sampling equipment, materials to build storage shelving, and a new countertop.
The County has recently re -roofed the building, and is making additional minor repairs as part of
the overall improvements to the site. Upon completion of the renovation, the IRSC students will
be completing ecological sampling and assessment on the site and within the adjacent Lagoon.
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Funding from the Indian River Lagoon National Estuary Program's small matching grant program
will further the County's efforts to provide environmental education opportunities for students,
researchers, and volunteers, and facilitate the engagement of these groups in meaningful
educational research efforts focused on Lagoon health.
FUNDING
Grant funding in the amount of $3,816.49 will be/is matched with funding for improvements to the
kitchen area and equipment which will be converted to a wetlab. IRSC will provide a minimum of
S200 in equipment through their Environmental Science Club and a portion of the County's match
is through the purchase of water monitoring equipment that has already been purchased through the
Conservation Lands operating budget FY20/21. The remaining grant's matching funds of $500
will be funded through Optional Sales Tax as identified in the Capital Improvement Element of the
Comprehensive Plan adopted on December 1, 2020. A revenue account will be established for the
grant funds.
Description:
Account Number:
Amount:
IRL NEP Small Matching Grant
$3,816.49
IRC Matching Funds
31521072-066510-18010
$500.00
IRC Matching Funds
(pre -purchased water sampling
equipment)
00121572-035290
$2,238.15
IRSC Matching Funds
N/A
$200.00
Total:
$6,754.64
STAFF RECOMMENDATION
Staff recommends the Board approve and authorize the Chairman to execute the IRL Council
Small Grants Program Agreement Contract # 2021 SG-06/Encumbrance # GLO 1-2013.
ATTACHMENT
• IRL Council Small Grants Program Agreement Contract # 2021 SG-06/Encumbrance #
GLO1-2013.
• IRC Grant Form
APPROVED AGENDA ITEM FOR JUNE 22. 2021
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Contract#: 2021 SG -06
Encumbrance#: GLOl-2013
IRL COUNCIL SMALL GRANTS
PROGRAM AGREEMENT
THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("the Council"),
whose address isl235 Main Street, Sebastian, Florida 32958, and the INDIAN RIVER COUNTY, whose
address is 5500 771 Street Vero Beach, Florida 32967 ("Recipient"). All references to the parties hereto
include the parties, their officers, employees, agents, successors, and assigns.
The waters of the state of Florida are among its basic resources, and the Council has been authorized by the
United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National
Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing the Indian River
Lagoon National Estuary Program.
The Council has determined that providing small grant funding to Recipient will benefit the
management of the water resources of the Indian River Lagoon.
Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment
A.
1. TERM. The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until June 30, 2022 ("Completion Date"). Recipient shall
begin the project within six (6) months after the Effective Date and shall complete performance
within one (1) year of the effective date or by the completion date, whichever is sooner.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of
Work, Attachment A. Acceptance of the final payment by Recipient shall constitute a release in
full of all claims against the Council arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does
not assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING. The Council shall pay Recipient up to $3,816.49. The Council grant is
not subject to modification based upon price escalation during the term of this Agreement.
Recipient shall be responsible for payment of all costs necessary to ensure completion of the
Project.
5. PAYMENT OF INVOICES. Recipient shall submit one invoice upon successful completion of
the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street,
Sebastian, Florida 32958, or (2) by e-mail to kolodnyaa,irlcouncil.org. The invoice shall be
submitted in detail sufficient for proper pre -audit and post -audit review.
6. INDEMNITY. The Recipient agrees to indemnify, defend and hold the Council, its officers,
employees, agents and representatives harmless from and against any and all liability on account of
any injuries, damages, omissions, commissions, actions, causes of action, claims, suits, judgments
and damages accruing, including court costs and attorney's fees at all levels of trial and appeal, as a
result of any negligence, recklessness, or other action or inaction on the part of the Recipient or any
officer, director, employee, agent, independent contractor, subcontractor or representative of the
Recipient which arises out of (directly or indirectly) or is related to the services provided under this
Page 1 g
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
Agreement. 'Nothing contained in this provision or elsewhere in the Agreement shall be construed
or interpreted as consent by the Council to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes. The Recipient shall further indemnify the
Council for all costs and penalties the Council incurs related to any failure to offer Patient
Protection and Affordable Care Act compliant health care coverage to Recipient -employees
performing under this Agreement.
7. INSURANCE. Recipient shall acquire and maintain all insurance required by Attachment B,
Insurance Requirements, and shall not commence Work until it has provided Certificates of
Insurance to the Council as per Attachment B. Receipt of Certificates of Insurance indicating less
coverage than required does not constitutz a waiver of the Insurance Requirements. Recipient
waives its right of recovery against the Council to the extent permitted by its insurance policies.
Recipient's insurance shall be considered primary, and Council insurance shall be considered
excess, as may be applicable to Recipient's obligation to provide insurance.
8. FUNDING CONTINGENCY. This Agreement is contingent upon funding availability. Should
the Project not be funded, in whole or in part, the Council shall so notify Recipient and this
Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice,
or within such additional time as the Council may allow.
9. PROJECT MANAGEMENT. The Project Managers listed below shall be responsible for overall
coordination and management of the Project.
COUNCIL
Daniel Kolodny, Project Manager
IRL Council
1235 Main Street
Sebastian, FL 32958
(772) 216-7148
E-mail: Kolodny_(a,irlcouncil.org
RECIPIENT
Beth Powell
Indian River County
5500 77h Street
Vero Beach, FL 32967
(772) 226-1873
Email: bpowell@ircgov.com
10. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shah provide to the Council Project update/status reports
as provided in the Statement of Work.
(b) Performance Monitoring. The Council shall have the right to inspect the operation of
the Project during normal business hours upon reasonable prior notice. Recipient shall
make available to the Council any data that is requested pertaining to performance of the
Project.
11. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in
accordance with this Agreement to the effective date of termination. If Recipient materially fails
to fulfill its obligations under this Agreement, including any specific milestones established
herein, the Council shall provide Recipient written notice of the deficiency and this Agreement
shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the
Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of
such termination.
12. ASSIGNMENT; SUCCESSORS. Recipient shall not assign this Agreement, or any monies due
hereunder, without the Council's prior written consent. No provision of this Agreement shall
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Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
create a contractual relationship between the Council and any of Recipient's contractors or
subcontractors. The Council and the Recipient each binds itself and its partners, successors,
executors, administrators and assigns to the other party and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement.
13. INDEPENDENT CONTRACTOR. No relationship of employer or employee is created by this
Agreement, it being understood that the Recipient will act hereunder as an independent
contractor and none of the Recipient's, officers, directors, employees, independent contractors,
representatives or agents performing services for Recipient pursuant to this Agreement shall have
any claim against the Council for compensation of any kind under this Agreement. The
relationship between the Council and the Recipient is that of independent contractors, and neither
shall be considered a joint venturer, partner, employee, agent, representative or other relationship
of the other for any purpose expressly or by implication.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt
and expenditure of the grant funds are shown separately from other expenditures in a
format that can be easily reviewed. The Council shall have access to and the right to
examine any directly pertinent books and other records involving transactions related to
this Agreement. In the event of an audit, Recipient shall maintain all required records until
the audit is completed and all questions are resolved.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the Council finds any of the following: (1)
Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has
failed to perform a continuing obl gation of this Agreement; (3) Recipient has received
duplicate funds from the Council for the same purpose; and/or (4) Recipient has received
more than one hundred percent (100%) contributions through cumulative public agency
cost -share funding.
15. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin, age, handicap, or marital status.
16. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency,
the Council achieves its mission through partnerships with state agencies, local governments,
community organizations, and others. The Council requires Recipient to acknowledge the Council
when describing this project or program funded in whole or in part with Council funds in any of the
following products: (1) press releases, speaking engagements, and other public statements; (2)
publications and other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits;
(6) bid solicitations and/or; (7) social media.
17. DIVERSITY. The Council is committed to the opportunity for diversity in the performance of all
cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that
women and minority-owned business enterprises (W/MBE) are given the opportunity for
maximum participation as contractors.
18. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and
shall not be construed more strictly against one party than against the other because it may have
been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of
any legal proceedings arising from or related to this Agreement: (1) venue for any state or
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Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
federal legal proceedings shall be in Indian River County; (2) each party shall bear its own
attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by
the court and WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon
any party is intended to be exclusive of any other remedy, and each and every such remedy shall
be cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further exercise
thereof.
19. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Recipient is not a contractor of
the Council. The Council is providing grant funding as a cooperating governmental entity to
assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing
the Project and directs the means and methods by which the Project is accomplished. Recipient
is solely responsible for compliance with all labor, health insurance, and tax laws pertaining to
Recipient, its officers, agents, and employees.
20. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or
indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have
any such interest at any time during the term of this Agreement.
21. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that
funds received from the Council under this Agreement shall not be used for the purpose of
lobbying the Legislature or any other state agency.
22. PERMITS. Recipient shall comply with all applicable federal, state and local laws and
regulations in implementing the Project and shall include this requirement in all subcontracts
pertaining to the Project. Recipient shall obtain any and all governmental permits necessary
to implement the Project. Any activity not properly permitted prior to implementation or
completed without proper permits does not comply with this Agreement and shall not be
provided grant funding.
23. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a
contract to provide any goods or services to a public entity; may not submit a bid, proposal, or
reply on a contract with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a public entity; may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
($35,000) for a period of 36 months following the date of being placed on the convicted vendor
list.
24. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla.
Stat. If Recipient receives a public records request, Recipient shall promptly notify the
Council's Project Manager. Each party reserves the right to cancel this Agreement for
refusal by the other party to allow public access to all documents, papers, letters, or
other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as
Page 4 11
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
amended.
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENTS'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT
(772) 216-7148, KOLODNYna IRLCOUNCIL.ORG,1235 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor does not
transfer the records to the Council.
(f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council upon
completion of the contract, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Recipient
keeps and maintains public records upon completion of the contract, the Recipient shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the Council, upon request from the Council's custodian of public records, in a
format that is compatible with the information technology systems of the Council.
25. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the Council harmless from loss to the extent
allowed by Florida law.
26. E -VERIFY. Pursuant to Section 448.0952), Florida Statutes, beginning on January 1, 2021,
the Recipient shall:
(a) Register with and use the E -Verify system to verify the work authorization status of all newly
hired employees and require all subcontractors (providing services or receiving funding under
this Agreement) to register with and use the E -Verify system to verify the work authorization
status of all the subcontractors' new=y hired employees;
(b) Secure an affidavit from all subcontractors (providing services or receiving funding under this
Agreement) stating that the subcontractor does not employ, contract with, or subcontract with
an unauthorized alien;
(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement;
Page 5 12
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095, Florida
Statutes;
(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
(f) Be aware that if the Council terminates this Agreement under Section 448.095(2)(c), Florida
Statutes, the Recipient may not be awarded a public contract for at least 1 year after the date
on which the Agreement is terminated and will be liable for any additional costs incurred by
the Recipient as a result of the termination of the Agreement.
27. SEVERABILITY; SURVIVABILITY; WAIVER
(a) If any term or provision of the Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of the
Agreement, or the application of such terms or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of the Agreement shall be deemed valid and enforceable to the
extent permitted by law.
(b) Any provision of the Agreement which is of a continuing nature or imposes an obligation
which extends beyond the term of the Agreement shall survive its expiration or earlier
termination.
(c) Failure of either party to enforce or exercise any right(s) under this Agreement shall not be
deemed a waiver of either party's right to enforce or exercise said right(s) at any time
thereafter.
28. 28. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council
and the Recipient agree that this Agreement (including all exhibits, attachments, etc.) sets forth
the entire contract between the parties, and that there are no promises or understandings other
than those stated in these documents. Nor -e of the provisions, terms and conditions contained in
this Agreement may be added to, modified or otherwise altered, except by written instrument
executed by the parties hereto.
Page 6 13
Contract#: 2021 SG -06
Encumbrance#: GLOl-2013
IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This
Agreement may be executed in separate counterparts, which shall not affect its validity.
IRL COUNCIL INDIAN RIVER COUNTY
By: By:
Duane E. De Freese, Ph.D., Executive Directo~
Date:
APPROVED AS TO FORM
Date:
Attest:
Typed Name and Title
Glen J. Torcivia, IRL Council General Counsel Typed Name and Title
ATTACHMENTS
Attachment A — Statement of Work
Attachment B — Insurance Requirements
Attachment C — Council Supplemental Instruction Form
Page 7 14
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
ATTACHMENT A - STATEMENT OF WORK
I. NAME OF PROJECT:
Jones' Pier Educational Building Wet Lab
II. INTRODUCTIONBACKGROUND: Indian River County has constructed improvements to
the 16 -acre Jones' Pier Conservation Area (JPCA). These improvements include construction
of a 4 -acre saltmarsh, which receives flow from the nearby Lagoon, a restored hydric
hammock, a living shoreline, as well as boardwalks, trails and other amenities. This grant
application will further the County's objective of converting the small cottage on site into a
research and education building. The project will include the purchase of materials needed to
convert the small kitchen area into a rudimentary wet lab for use in analyzing and storing
samples collected within the adjacent JPCA habitats. This portion of the project will include
the purchase of a refrigerator, dissecting microscope, macroinvertebrate sampling equipment,
materials to build storage shelving, and a new countertop. The County has recently re -roofed
the building, and is making additional repairs and improvements. The students will be part of
the construction of the wet lab. The project will have an educational component as well, as
students from Indian River State College (IRSC) and other schools will be using the
saltmarsh/Lagoon habitats to create their monitoring program to be carried out for the
duration of the grant. The County intends for the relationship with these local schools to be
an on-going process, with a new group of student brought in each year to continue research
and education.
III. VALUE PROPOSITION: The environmental education incorporated within this project not only
benefits the students by providing a hands-on experience with sampling and monitoring in the
Lagoon, but also promotes awareness of current challenges that are on-going relative to
Lagoon health. These young adults can carry forward the message of responsible
stewardship, and many may decide to choose a career path with an environmental
component.
IV. LOCATION OF PROJECT: 7770 Jungle Trail - approximately 2 -miles to the south of the
intersection of CR 510 and Jungle Trail, in Vero Beach, Florida.
V. SCOPE OF WORK (Outputs/Deliverables):
• Output 1 (Deliverable) — renovation of the existing kitchen into a wet lab
• Output 2 (Deliverable) — completion of student -coordinated ecological research projects within
the natural areas on site.
VI. TASK IDENTIFICATION:
Recipient shall complete the following tasks: (add or removes tasks as needed)
• Task 1. Demolition of existing kitchen
• Task 2. Renovation of kitchen into wet lab (painting, installation of countertops, construction of
shelving, etc.)
• Task 3. Coordination of student study pians
• Task 4. Implementation of plans of study by students. Coordination with local scientists.
• Task 5. Presentation of study results by students.
VII. DELIVERABLES AND TIME FRAMES:
Task 1. Deliverable due in Council office by within 2 months of execution
Page 8 15
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
Deliverable: Description of activities within demolition and renovation
Task 2. Deliverable due in Council office by June 30, 2022
Deliverable: Periodic reports on student progress with research efforts
Task 3. Deliverable due in Council office by June 30, 2022
Deliverable: Summary of student projects
Task 4. Deliverable due in Council office by June 30, 2022
Deliverable: Summary of student project implementation
Task 5. Deliverable due in Council office by June 30, 2022
Deliverable: End of study presentation (on site)
VIII. BUDGET:
Task
Line Item
Task Description
IRLNEP
Funding
Amount
Cost Share
Funding
Amount
Cost Share
Funding
Source
1
Kitchen Demo
$0
$0
1
2
Kitchen
Renovation
$1,452.94
$500
IRC
3
Study Plan
Coordination
$2,363.55
$2,438.15
IRSC,IRC
4
Study Plan
Implementation
$0
$0
2
5
Study Results
$0
$0
2
Summary Cost
$3,816.49
$2,938.15
Project total cost
$6,754.64
1- to be completed by County staff, volunteers, & students
2 — to be completed with College & County staff, students, and local scientists
ITEM
IRLNEP
MATCH
TOTAL
SHARE
(Source)
Epoxy Tops -Resin
$658.62
$658.62
Countertop
Epoxy Tops — Resin
$394.32
$394.32
Workstation 1 &2 (qty 2)
Hardware and Lumber
$500 (IRC)
$500
or framing and shelving
nits
Nikon SMZ-745 Stereo
$1,550
$1,550
Microscope
10.1 Cubic Foot Top
$400
$400
IF reezer/Refrigerator
Page 9 16
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
Expendable Lab Supplies
$200 (IRSC)
$200
Petri dishes, trays,
graduated cylinders,
slides
Water Mark Hester —
$215.70
$215.70
endy Round Multiple
Plate Sampler (Qty 6)
Macro invertebrate
$71.25
$71.25
Sampling Tray (Qty 3)
Sorting Spot Plates (Pack
$246
$246
of 12, Qty 24)
aMotte Student Grade
$88.50
88.50
Kick Net (Qty 2)
Watermark Retractable
$146.85
$146.85
net (Qty 3)
Lighted Magnigrip
$45.25
$45.25
Tweezers (Qty 3)
Water Sampling
$2,238.15
$2,238.15
Equipment (pH Meter,
O meter with probe,
connectivity Meter)
TOTAL
$3,816.49
$2,938.15
$6,754.64
Page 10 17
Contract#: 2021 SG -06
Encumbrance#: GLO1-2013
ATTACHMENT B - INSURANCE REQUIREMENTS
Contractor shall acquire and maintain until completion of the Work the insurance coverage listed below,
which shall be considered primary coverage, with any Council insurance considered excess
coverage. Contractor shall not commence the Work until it has provided Certificates of Insurance to
the Council documenting such coverage. The "IRL Council" shall be shown as an additional insured under
all policies to the extent of the Council's interests under this Agreement, except workers' compensation and
auto liability. The insurance certificate shall include an endorsement requiring ten (10) days prior written
notice to the Council before any change or cancellation is made effective. In addition, it shall have the
words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents, or representatives" stricken from the cancellation clause in the Certificate of
Insurance. Any deductibles or self-insured retentions must be declared to and approved by the Council.
Contractor is responsible for any deductible or self-insured retention. Insurance is to be placed with insurers
having an A.M. Best rating of A-: V or greater. Council receipt of insurance certificates providing less than
the required coverage does not waive these insurance requirements.
(a) Workers' Compensation Insurance. Workers' compensation and employer's
liability coverage, including maritime workers compensation, if applicable, in not less than
the minimum limits required by F'-orida law. If an exemption from workers' compensation
is declared, an exemption letter issued by Florida Department of Financial Services,
Division of Workers' Compensation, shall be submitted to the Council.
(b) General Liability. Commercial General Liability Insurance on an "Occurrence Basis,"
with limits of liability not less than $300,000 per occurrence and/or aggregate combined
single limit, personal injury, bodily injury, and property damage. Coverage shall include:
(1) contractual liability, (2) products and completed operations, (3) independent
contractors, (4) broad form property damage, and (5) property damage resulting from
explosion, collapse or underground (x, c, u) exposures. Extensions shall be added or
exclusions deleted to provide the necessary coverage. "Claims made" coverage will be
accepted only after verification that "occurrence" coverage is not available.
(c) Automobile Liability. Minimum requirements of Florida law.
(d) Watercraft Liability if applicable. $100,000 for bodily injury and property damage.
Page 11 18
Contract#: 2021 SG -06
Encumbrance#: GL01-2013
ATTACHMENT C -COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS
DATE: [DATE]
TO: [NAME], Project Manager
FROM: [NAME], Project Manager
CONTRACT/PURCHASE ORDER NUMBER: [CONTRACT/PO NUMBER]
CONTRACT TITLE: [TITLE]
The Work shall be carried out in accordance with the following supplemental instruction issued in
accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to
proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor
changes to the work as consistent with the Contract Documents and return to the Council's Project Manager.
CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved:
Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved:
Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved:
[NAME], IRL Council Project Manager
cc: Contract file
Date:
Page 12 19
GRANT NAME: Indian River Lagoon National Estuary Program Small Grants Program GRANT #
AMOUNT OF GRANT: $3,816.49
DEPARTMENT RECEIVING GRANT: Parks & Recreation - Conservation Lands
CONTACT PERSON: Beth Powell TELEPHONE:
77
772-226-1873
1.
How long is the grant for? 12 months Starting Date:
July 6, 2021
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
Insurance — Life & Health
If yes, does the grant allow the match to be In -Kind services?
Yes x No
012.17
43
$
4.
Percentage of match to grant %
$
5.
Grant match amount required 2938.15 (IRSC committed to $200)
$
6.
'Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)?
Fifth Year
IRSC $200; $2,238.15 pre purchased equipment; $500 31521072-068510-18010
$
7.
Does the grant cover capital costs or start-up costs? X
Yes No
Ifno, how much do you think will be needed in capital costs or start-up costs: $
(Attach a detail listing of costs)
8.
Are you adding any additional positions utilizing the grant funds?
Yes X No
If yes, please list. (If additional space is needed, please attach a schedule.)
Acct.
Description Position Position Position Position Position
011.12
Regular Salaries
011.13
Other Salaries & Wages (PT)
012.11
Social Security
012.12
Retirement — Contributions
0 12. 13
Insurance — Life & Health
012.1
1 Worker's Compensation
012.17
S/Sec. Medicare Matching
$
TOTAL
9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating?
Salary and Benefits Operating Costs Capital Total Costs
10. What is the estimated cost of the grant to the county over five years? $ N/A
Signature of Preparer: Date:
Grant Amount
Other Match Costs Not Covered
Match
Total
First Year
$
$
$
$
Second Year
$
$
$
$
Third Year
$
$
$
$
Fourth Year
$
$
$
$
Fifth Year
$
$
$
$
Signature of Preparer: Date:
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator
Date: June 15, 2021
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
From: Michael C. Zito, Assistant County Administrator
Subject: Approval of the Bill of Sale of Utility Facilities to City of Vero Beach, Florida
DESCRIPTION AND CONDITIONS:
The Jackie Robinson Training Complex is completing a schedule of improvements in accordance
with the Amended and Restated Facility Lease Agreement with Indian River County. To that end,
and in connection with the anticipated completion of the new 36,000 square foot indoor training
facility, Major League Baseball has received a Bill of Sale of Utility Facilities prepared by
Schulke, Bittle & Stoddard, LLC. The Bill of Sale is releasing ownership of the utility facilities
constructed at the property to the City of Vero Beach. These water and sewer facilities are located
within existing easements or road rights of way generally described as the "Utility Facilities." This
is a standard document typically prepared in order to finalize a project and obtain a Certificate of
Occupancy. In this instance, the County, as the property owner will convey the Utility Facilities
for the project to the City of Vero Beach.
FUNDING:
No County funding is required to execute the Bill of Sale.
RECOMMENDATION:
Staff recommends approval of the Bill of Sale of Utility Facilities to the City of Vero Beach,
Florida and further request authorization for Chairman to sign.
ATTACHMENTS:
Bill of Sale of Utility Facilities
APPROVED AGENDA ITEM FOR JUNE 22, 2021
21
Prepared by and return to:
City Attorney
P.O. Box 1389
Vero Beach, FL 32961-1389
Property Appraiser's Parcel
Identification No: 32392600011023000001.0
Above This Line For Recording
BILL OF SALE OF UTILITY FACILITIES
TO
CITY OF VERO BEACH, FLORIDA
(when constructed within existing easement or road rights-of-way)
KNOW ALL MEN BY THESE PRESENTS, that:
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida, whose mailing address is 1801 27h Street, Vero Beach, Florida 32960 ("GRANTOR"),
in consideration of value received, the receipt and sufficiency of which is hereby acknowledged,
has and does hereby grant, bargain, sell, transfer, and deliver unto the CITY OF VERO
BEACH, a Florida municipal corporation, whose mailing address is P.O. Box 1389, Vero
Beach, Florida 32961-1389 ("GRANTEE"), as of the date of acceptance entered below, the
following goods and chattels:
UTILITY FACILITIES OF
Jackie Robinson Training Complex
SEE ATTACHMENT "A"
ATTACHED HERETO AND MADE A PART HEREOF
which utility facilities are located in existing easements or road rights-of-way described
generally as the "Utility Facilities" as constructed at 3901 2611 Street, Vero Beach, Florida,
32960.
TO HAVE AND TO HOLD the same unto GRANTEE forever, and GRANTOR hereby
warrants to the GRANTEE that it has free and unencumbered title to the above-described Utility
Facilities, that all persons or entities which have supplied labor or materials with respect to these
Utility Facilities have been paid in full, that none of them has any claim whatsoever with respect
thereto, and that the GRANTOR has full authority to make this conveyance and will warrant and
defend the sale of said Utility Facilities hereby made unto GRANTEE against the claims and
demands of all persons whomsoever.
GRANTOR hereby further warrants that should the above described Utility Facilities fail
or otherwise become defective during a period of one year from the date of acceptance of same
by GRANTEE, due to defective materials or workmanship, GRANTOR shall upon each
occasion be responsible in all respects for such failure or defect and shall correct same at
GRANTOR'S sole cost and without expense to GRANTEE upon reasonable notice by
GRANTEE. GRANTOR shall be solely liable and shall save GRANTEE harmless from any
Pagel of 3
NAClient Docs\Departments\Water & SewciIBILLS OF SALF-Vackie Robinson Training Complex12021.6.033901 26th Street.doc 22
direct or consequential damage attributable to such failure or defect. GRANTOR hereby also
assigns all its right, title, and interest in and to contractor, manufacturer, and supplier warranties
with respect to the described Utility Facilities.
IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and
year written below.
GRANTOR:
ATTEST: INDIAN RIVER COUNTY, FLORIDA,
By its Board of County Commissioners
IIn
Deputy Clerk
(Official Seal)
Joseph E. Flescher, Chairman
BCC approved:
Approved as to form and
legal sufficiency:
Dylan Reingold, County Attorney
SIGNATURES CONTINUE ON NEXT PAGE
Page 2 of 3
NAC1ient Docs\Dcpanmcnts\Water & SeweABILLS OF SALEVackie Robinson "'raining Complex\2021.6.03.3901 26th Stmt.doc 23
ACCEPTANCE OF CONVEYANCE
OF UTILITY FACILITIES
The conveyance to the City of Vero Beach of those certain Utility Facilities pursuant to the
foregoing Bill of Sale dated , 2021 is hereby accepted by the City of
Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to
accept this conveyance.
ATTEST:
Tammy K. Bursick
City Clerk
Seal:
GRANTEE:
CITY OF VERO BEACH, a Florida
municipal corporation
0
Monte K. Falls, P.E.
City Manager
Date:
ADMINISTRATIVE REVIEW
(For Internal Use Only—Sec. 2-77 COVB Code)
Approved as to form and legal sufficiency:
John S. Turner
City Attorney
Approved as to technical r u. ments:
Robert Afolton, P.E.
Director, Water & Sewer
Page 3 of 3
NXIient Docs`Departments'Vater & SewerSILLS OF SALEVackie Robinson Training Comptes12021.6.03.3901 26th Street.doc 24
Attachment 'A'
Jackie Robinson Training Complex
Engineer's Cost Estimate
I, Jodah B. Bittle, P.E. a Florida Registered Engineer, License No. 75396, do hereby certify that this cost estimate has been
prepared under my responsible direction for the Water Main and Sanitary Sewer Improvements listed below and that the total
cost estimated for the said improvements is $36,702.00. This estimate has been prepared, in part. for estimating the value of
utilities to be dedicated to the City of Vero Beach. Installed in substantial conformance with the approved Utility Construction
Plans for Jackie Robinson Training Complex, dated and approved by the C.O.V$. Utility Department on 06/04/22020
%w.sa
Jodah 8i+.tie 57396 Elate
DESCRIPTIONUmt_ ( mninv u4Fm�re Total
U.— %f,t.
6" s 6' Ta in ; Saddle & \'ahc
LS
I S
5.400.00
S 5A00.DO
6' PVC C900 water main
LF
I11 S
26.00
S 3,491.00
6" 11.25 Degree tient
EA
I S
350.00
S 350.00
6' 22.5 Degree Bend
EA
2 $
350.00
S 700.00
6" , 6" Tee
F\
I S
450.00
S 450.00
6" 45 Degree Bend
EA
I S
350.00
S 350.00
6" 90 Decree Bend
EA
$
350.00
$ LOOM
6' DIP
LE
6 S
38.00
S 228.00
Fire Hcdtant Assembh & %'ahe
E:1
I S
4.500.00
S 4,500.00
Single 2" Poly water service
F1
I S
1,390.([)
$ 1,390.00
Subtotal
S 17.902.00
Snit— Saver Tin
8" PVC Kra,ln - xwer mam
LF
'_41 S
57.50
S 13,857.50
4' Dia. Manhole
LS
I S
3,500. DO
S 3.500.00
6" PVC gia,ity sewer lateral
LF
23 S
47.50
S 1,092,50
Connect Existing Force Main
LS
I S
350.00
$ 350 W
Subtotal
S 18,800.00
Yater S 17,90200
SewerI S 18,800.00
Subtotal I S 36.702.00
TOTAL.
\Yater & Sewer S 36.702.00
TOTAL $ 36,702.00
Page 1 of 1
25
CONSENT
INDIAN RIVER COUNTY
MEMORANDUM
TO: The Honorable Board of County Commissioners
THRU Jason Brown
County Administrator
FROM: Suzanne Boyll"' '"
Human Resources Director
DATE: June 11, 2021
SUBJECT: Legal Services — Labor & Employment Matters
BACKGROUND
Indian River County Board of County Commissioners has been represented in labor and
employment matters by Fisher & Phillips, ' LP for many years. The services provided are
specialized and require a high degree of expertise. Staff is well satisfied with the service provided
by Fisher & Phillips. Effective October 1, 2021, the hourly rate for attorneys for services provided
by Fisher & Phillips will increase from $280 to $295.
FUNDING:
The remittance to Fisher & Phillips in FY2019; 20 was $76,135.77 for legal services. Funding for
legal services is included in the current budget and is also budgeted in the upcoming FY2021/22
budget. Expenses are dependent upon the number and complexity of legal issues that require
representation. The increase in hourly attorney's fees represents a 5.4% increase.
RECOMMENDATION:
Staff respectfully recommends the Board of County Commissioners authorize the continuation
of the engagement agreement with Fisher & Phillips to provide legal services for labor and
employment matters.
ATTACHMENTS:
Fisher & Phillips, LLC Engagement Letter
26
flsherphillips com
June 4, 2021
Jason Brown, County Administrator
180127th Street
Vero Beach 32960-3388
Re: Labor and Employment Services
Dear Jason:
/1 ".14;1".
� I 10)
Orlando
200 South Orange Avenue
Suite 1100
Orlando, FL 32801
(407) 541-0888 Tel
(407) 541-0887 Fax
Writer's Direct Dial:
407-541-0850
Writer's E-mail:
jmandel@fisherphillips.com
I want to thank you for allowing us to provide legal services to the County. We have
always enjoyed working with you and the County's many outstanding employees. And, we hope
to continue our relationship with the County for many more years to come.
Despite substantial increases in our operating costs affecting nearly every aspect of our
practice, as a long-time partner of the County we have not increased our hourly rate for legal
services for many years. Unfortunately, we are no longer able to offset these increased expenses
at the current.hourly rate.
For the above reasons, we propose to implement a new attorney hourly rate of $295
effective October 1, 2021. While we realize this hourly rate is an increase, it is still well below
our private sector rates and is at or below what we are charging our other public sector clients.
Moreover, we believe this rate is more than fair, particularly in light of the depth of knowledge
and experience we have in representing public sector employers and the County.
Please let us know if the County approves of this new rate. If you would like to discuss
this request, please do not hesitate to contact mv. Again, we look forward to continuing our
relationship with the County.
Very truly yours,
Jeffrfy E. Mandel
cc: Dylan Reingold, County Attorney
Suzanne Boyll, HR Director
Fisher & Phillips LLP
Atlanta • Baklmore • Bethesda • Boston • Charlotte - Chicago • Cleveland • Columbia • Columbus - Dallas • Denver • Detroit • Fort Lauderdale - Gulfport
Houston • Was - Kansas City • Las Vegas - Los Angeles • Louisville • Memphis - Nashville • New Jersey - New Orleans • New York - Orlando • Philadelphia
Phoenix • Pittsburgh • Portland • Sacramento • San Diego - San Francisco • Seattle - Tampa • Washington, DC • Woodland Hills
FP 40685724.1 27
INDIAN RIVER COUNTY
MEMORANDUM
TO: Jason Brown
County Administrator
FROM: Suzanne Boyll Jy-r -
Human Resources Director
DATE: June 14, 2021
CONSENT
/,,
SUBJECT: Approval of Flexible Spending Account (FSA), COBRA, and Retiree Billing Providers
effective October 1, 2021
BACKGROUND:
Indian River County evaluated the services provided by our current vendors for flexible spending accounts
(FSA), COBRA continuation, and retiree billing services and determined that opportunities existed to make
improvements in the administration of these services. It was a goal to consolidate COBRA and FSA services
under one vendor. Our goal was also to improve the retiree billing experience for our retirees by selecting
a vendor who could provide an improved customer service experience as well as provide accurate written
communications.
Total Administrative Services Corporation (TASC) currently provides FSA and retiree billing services and
Chard Snyder provides COBRA continuation services.
• The current per participant per month cost for FSA with TASC is $3.64.
• The current per retiree per month cost for retiree billing with TASC is $2.05.
• The current per benefit eligible employee & retiree per month cost for COBRA services with Chard
Snyder is $.40.
Our broker/consultant, Lockton Companies marketed these services. The initial marketing analysis is
attached. Seven (7) vendors met the marketing criteria as noted below:
Ameriflex
Medical FSA
257
$3.64
Dependent Care FSA Only
3
$3.64
Additional Employees in Ext. Grace Period
# TBD
$0
Retiree Billing
348
$2.05
Benefit Eligible (with Retirees) enrolled for COBRA
1,801
N/A
Employees enrolled in COBRA Eligible plan (w/o Ret•rees)
1,376
N/A
COBRA Administration
15
$.40 + $15 per OE
packet
Our broker/consultant, Lockton Companies marketed these services. The initial marketing analysis is
attached. Seven (7) vendors met the marketing criteria as noted below:
Ameriflex
❖ Chard Snyder (Incumbent COBRA provider)
❖ Clarity Benefit Solutions
❖ Discovery/WEX Benefits
❖ Employee Benefits Corperation
❖ P&AGroup
❖ TASC (Incumbent FSA and retiree billing provider)
After review of the initial responses, and with the assistance of Lockton Companies, staff participated in
finalist presentations with four (4) vendors:
Chard Snyder
❖ Clarity Benefit Solutions
❖ Discover/WEX Benefits
❖ P&AGroup
Following these presentations, Chard Snyder was eliminated from consideration, since the other vendors
demonstrated superior reporting, communicatior and online portal experience. Clarity Benefit Solutions
was the only vendor who demonstrated the ability to handle the complexities associated with our retiree
billing needs and also demonstrated improved reporting and online portal experience. Discover/WEX
Benefits and P & A Group were identified as the finalists for FSA and COBRA services and after evaluating
feedback from Lockton references, P & A Group is the recommended vendor. Sample agreements for
Clarity Benefit Solutions and P & A Group are attached.
• The per participant per month cost for FSA with P & A Group is $3.00
• The per retiree per month cost for retiree billing with Clarity is $2.50.
• The per benefit eligible employee per month cost for COBRA services with P & A Group is $.50
(excludes retirees enrolled in the health p4an resulting in an overall savings)
FINANCIAL ANALYSIS:
Under staff's recommendation, the overall cost of both FSA and COBRA administration would decrease,
and the retiree billing cost would increase. However, there would be a total reduction in expenses of
approximately $500 based on current enrollment. Although, there is an increased cost for retiree billing,
staff believes that it is necessary to change retiree billing vendors due to ongoing communication errors
that have been experienced with TASC over the past two years.
Estimated Cost Breakdown based on
enrollment counts
Estimated FSA/DCA Annual Fees
Estimated COBRA Annual Fee
Estimated Retiree Annual Fee
Estimated Total First Year Cost
$11,357
$9,360
$8,645
$8,256
$8,561
$10,440
$28,563
$28,056
Rate Guarantee
3 Years - COBRA &
Retiree Billing;
5 Years FSA Admin.
29
Sufficient funds have been requested to be budgeted for FY21/22 in 50412719-033191 for FSA and Retiree
Billing Services in the amount of $20,200 and budgeted in 50412719-034585 for COBRA administration in
the amount of $5,500.
RECOMMENDATION:
Staff respectfully recommends the Board approve the selection of Clarity Benefit Solutions for retiree
billing services at a rate of $2.50 per retiree per month with a three (3) year rate guarantee; approve the
selection of P & A Group for FSA services at a rate of $3.00 per participant per month with a five (5) year
rate guarantee; approve the selection of P & A Group for COBRA services at a rate of $.50 per benefit
eligible employee per month with a three (3) year rate guarantee; and authorize the Chairman of the
Board to execute the negotiated agreements with Clarity and P & A Group and any and all documents
necessary to effectuate the agreements effective October 1, 2021.
ATTACHMENTS:
Lockton Marketing Analysis for FSA, COBRA and Retiree Billing
Breakdown of Recommended Vendors
Sample Agreement with Clarity Benefit Solutions for Retiree Billing
Sample Agreement with P & A Group for FSA & COBRA services
30
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Indian River County FSA, Retiree and COBRA Marketing Breakdown
'As reported by TASC, Chard -Snyder, and Benefits Express; Tax Collector maybe moving to another FSA Administrator effective 10/1/21.
Proposed Plans Effective 10i1/2021Current
COBRA Administration
Proposed
FSA Administration
Initial Set up Fee
Medical FSA
257
$3.64
Dependent Care FSA Only
3
$3.64
Additional Employees in Ext. Grace Period
# TBD
$0
Retiree Billing
348
$2.05
Benefit Eligible (with Retirees) enrolled for COBRA
1,801
N/A
Employees enrolled in COBRA Eligible plan (w/o Retirees)
1,376
N/A
COBRA Administration
15
$.40+ $15 per OE
packet
'As reported by TASC, Chard -Snyder, and Benefits Express; Tax Collector maybe moving to another FSA Administrator effective 10/1/21.
Proposed Plans Effective 10i1/2021Current
COBRA Administration
Proposed
FSA Administration
Initial Set up Fee
$0
$0
Initial Set up Fee
$0
$0
Annual Renewal Fee
$0
$0
Medical/Dependent Care FSA
$3.64
$3.00
Wo
The following information is intended as a benefit summary only. It does not include all of the provisions, or limitations. If this information conflicts in any way with the
contract, the contract will prevail.
COBRA Administration
Initial Set up Fee
$0
$0
Takeover Fees (#COBRA participants)
$0
$0
Annual Renewal Fee
$0
$0
Monthly Fee Per Benefit Eligible
$0.40
$0.50
Monthly Fee Per Active COBRA Enrollees
$0
$0
Wo
The following information is intended as a benefit summary only. It does not include all of the provisions, or limitations. If this information conflicts in any way with the
contract, the contract will prevail.
Retiree Billing
Initial Set up Fee
SO
$0
Takeover Fees (#Retiree participants)
so
$0
Annual Renewal Fee
$0
$0
Monthly Fee Per Retiree Cost
$2.05
$2.50
Estimated Cost Breakdown based
on enrollment counts
Estimated FSA/DCA Annual Fees
Estimated COBRA Annual Fee
Estimated Retiree Annual Fee
Estimated Total First Year Cost
$11,357
$9,360
$8,645
$8,256
$8561
$10,440
$28,563
$28,056
Rate Guarantee
3 Years - COBRA &
Retiree Billing;
5 Years FSA Admin.
Wo
The following information is intended as a benefit summary only. It does not include all of the provisions, or limitations. If this information conflicts in any way with the
contract, the contract will prevail.
Indian River County FSA, Retiree and COBRA Marketing Breakdown
Indian River County 0
Effective 10/1/2021 IACKP
=
Initial Set up Fee (one-time fee for both FSA's) $0
Annual Renewal Fee $0
Total Setup Fess $0.00
39
counts as
Secure Online Access 24/7/365
Yes
of
Yes
Direct Deposit
3.14.2021
Participant Web Portal
Medical/Dependent Care FSA Acm;nistration Fee(PPPM)
257
SS.00
Dependent Care Only FSA Administration Fee (PFPM)
3
$3.00
Additional Charge for Employees in Extended G•ace Period
Enrollment Materials
Yes
(PPPM)
TBD
$3.00
Debit Card Fee (indicate cost of replacement cares)
Section 125 Plan Document
$0
Debit Card Technology/Vendor
Yes
No fee for technology/vendor
Yes
Auto Claims Adjudication
Dependent upon the scope
Debit Card Customizes
and complexity of the
Yes
Claim Processing Timing
customization request
Monthly Minimum Fee
Total Monthly Fees
Yes
$o
r
39
Secure Online Access 24/7/365
Yes
Mobile Applications
Yes
Direct Deposit
Yes
Participant Web Portal
Yes
Recurring Claim Automation
Yes
Live Customer Service Support
Yes
Enrollment Materials
Yes
Enrollment Meetings
Yes
Materials and Meeting for Bi -Lingual Populations
Yes; P&A has Spanish
materials, website, CSR's
Section 125 Plan Document
Yes
Summary Plan Description
Yes
Direct Deposit Capability
Yes
Auto Claims Adjudication
Yes
Dedicated Account Team - Single point of contact
Yes
Claim Processing Timing
P&A processes claims 24/7,
providing reimbursements
each day that banks are open.
Papedess Processing
Yes
Online Enrollment System
Yes
Plan Record Retention
Yes
Grace Period or Carry-over provision
Yes
Non -Discrimination Plan Testing
Yes
Electronic Employee Communications
Yes
Data File Integration
Yes
Contribution File
Yes
Eligibility File
Yes
Text Alerts
Total Annual Cost (First Year)
Yes
$9,360
Rate Guarantee
5 Years
39
Indian River County FSA, Retiree and COBRA Marketing Breakdown
Indian River County
Effective 10/1/2021 LOd(TOH
40
Counts as of
Secure Online Access 24/7/365
Yes
3.10.2021
Yes
Monthly Fee Per Benefit Eligible
1,801
$0
Employee + Retiree
Enrollment Materials (optional)
Yes
Monthly Fee Per Employee Enrolled in a
1,376
$0.50
COBRA Eligible Plan
Initial Notifications
Yes
Monthly Per Active COBRA Enrollees
15
$0
Monthly Minimum Fee
Total Monthly Fees
HIPAA Certificates
$0
$688
40
Secure Online Access 24/7/365
Yes
Mobile Applications
Yes
Participant Web Portal
Yes
Recurring Claim Automation
N/A
Enrollment Materials (optional)
Yes
Conduct Open Enrollment
Yes
Dedicated Account Team - Single point of
contact
Yes
Initial Notifications
Yes
Qualifying Event Notices
Yes
Carrier Notification -
rei nstatement/termi nation
Yes
HIPAA Certificates
Yes
Past Due Notices to COBRA Participants
Yes
Real-time & Monthly Reporting
Yes
Carrier Communication & Premium
Yes
Carrier Retains 2%
Contribution File
Yes
Yes
Eligibility File
Text Alerts
Total Annual Cost (First Year)
es
*Yes
$8,256
Rate Guarantee 3 Years
40
Indian River County FSA, Retiree and COBRA Marketing Breakdown
Indian River County
Effective 10/1/2021 LOCKWU
41
Secure Online Access 24/7/365
Yes
Mobile Applications
No, only Desktop
Participant Web Portal
Yes
Recurring Claim Automation
Yes
Live Customer Service Support
Yes
Enrollment Materials
Yes
Conduct Open Enrollment
Yes
Dedicated Account Team - Single point of
contact
Yes
Past Due Notices to Retiree Participants
Yes
Real-time & Monthly Reporting
Yes
Carrier Communication & Premium
fille Overvie
Contribution File
Yes
Yes
Eligibility File
Text Alerts
Yes
Optional
Total Annual Cost (First Year)
Rate Guarantee
i ,440
3 Years
41
CLARITY BENEFIT SOLUTIONS SERVICES AGREEMENT
On this day of
is hereby contracting with BeneFlex, Inc. DBA Clarity Benefit Solutions ("Clarity") to provide Client with TPA
services as set forth in this Agreement. Clarity and Client are the "Parties" hereto. This Agreement
encompasses the following General Terms and Conditions as well as the specific Terms and Conditions for
the Services selected in the Services secticn below, all of which are incorporated as a material portion of the
Agreement.
TERMS AND CONDITIONS
1. SERVICES
860520
11.2.2016
The Clarity sales representative has initialed in the spaces provided below the "Services" which the Client has
selected, as confirmed by the signature of the Client's authorized represented on this Agreement. Client
warrants that it has full power and authority to execute this Agreement; that it has chosen the Services initialed;
and has read and agreed to the Terms and Conditions for those Services contained in this Agreement.
Flexible Spending Account
Client authorizes Clarity to create a plan document, provide online communication and enrollment services;
establish Medical Reimbursement accounts and provide administrative services in accordance with Section 125 of
the IRS code; establish Dependent Care accounts and provide administrative services in accordance with Section
129 of the IRS code. Clarity will provide compliance testing and, if required, prepare IRS Form 5500 for Client's review
and final approval.
Health Reimbursement Arrangement
Client authorizes Clarity to create a plan document, provide online communication, establish reimbursement
accounts and provide administrative services in accordance with Section 105 of the IRS code. Clarity will
provide compliance testing, and, if required, preps a IRS Form 5500 for Client's review and final approval.
Calculate PCORI fee and prepare IRS form 720 (please see Schedule C for Pricing).
= Health Savings Account
Client authorizes Clarity to establish Health Savings Account in accordance with Section 223(c)(1)(A) of the
Internal Revenue Code
Commuter Benefit Program
Client authorizes Clarity to establish Transit and Parking accounts and provide administrative services in
accordance with Section 132f of the IRS code.
COBRA/Retiree Billing Administration
Client authorizes Clarity to provide COBRA and Retiree Billing administrative services in accordance with
Schedule A of this Agreement.
Wage Parity Cell Phone Program
Client authorizes Clarity to establish a Cell Phone Reimbursement account in accordance with NY CLS Pub Health
§ 3614-c.
ERISA Wrap Document
Client authorizes Clarity to create an ERISA wrap document in accordance with The Employee Retirement
Income Security Act of 1974. Services include Plan Document, Summary Plan Description, Record Retention
for 7 years and if required preparation of form 5500.
Premium Only Plan
Client authorizes Clarity to create a medical insurance premium only plan document in accordance with Section
125 of the IRS code.
42
860520
11.2.2016
2. FEE STRUCTURE AND PAYMENTS
2.1 Fees. The fees included in Schedule B will be effective for a period of one year from the date of
execution of this Agreement (the "Initial Period").
2.2 Change in Fees & Due Date. After the Initial Period, fees are subject to change upon forty five (45)
days written notice to Client for general price increases. Any such price increases shall not exceed more than six
percent (6%) in any twelve (12) month period. Client hereby authorizes Clarity to debit from Client's account(s)
on the due date any and all fees due to Clarity under this Agreement.
3. CLIENT'S RESPONSIBILITIES
3.1 Timely Submission of Accurate Information. Client will timely furnish to Clarity the complete and
wholly accurate information deemed necessary by Clarity for Clarity to perform its obligations under this
Agreement. Such information will be furnished in the time and manner requested by Clarity. The Client
understands that Clarity cannot accurately perform its duties under this Agreement without accurate and timely
information.
3.2 Clarity; Limitations of Obligations/Liabilities. Clarity shall have no liability to Client or any Plan
participant as a consequence of inaccurate and/or untimely information provided to Clarity by Client, its
designee or a former service provider. Clarity shall have no obligation to credit the Client for claims paid or
service fees incurred as a consequence of Clarity receiving inaccurate or untimely information. Clarity shall
have no obligation to independently verify any information provided to it in the performance of its services
under this Agreement.
3.3 Review & Corrections of Reports. The Client shall promptly review any reports or other information
provided to it by Clarity and shall notify Clarity immediately upon the discovery of any error or omission. Any
report or other information provided by Clarity to Client shall be deemed to be accurate unless Clarity is
advised by Client to the contrary in writing within Twenty (20) days after delivery of the report to Client.
3.4 Accurate information for Testing & Reports. Clarity may request certain census data from Client.
Clarity will use such Client census data to perform applicable and required non-discrimination testing and/or
governmental agency reporting. Clarity will promptly provide the Client test results derived from such testing.
Client is responsible for review of test results and, if necessary, implementing plan changes in order to ensure
plan compliance.
3.5 Responsibilities for All Governmental Filinas and Non -Discrimination Testing. Should Client fail to
provide Clarity with requested census data in a timely manner, Clarity will be relived from the responsibility to
perform applicable and required non-discrimination testing and/or governmental agency reporting. Clarity is
not responsible for testing and/or governmental agency reporting performed with inaccurate data as provided
by Client. Client shall review all governmental agency filings prepared by Clarity and Client shall have final
responsibility and liability for the accuracy, completeness, correctness and timeliness of all such filings.
3.6 Responsibilities for Discretionary Decisions. Client shall assume responsibility to resolve all
ambiguities and disputes relating to the plan eligibility of a participant, plan coverage, denial of claims and
decisions regarding appeals of denials of claims, as well as any other plan interpretation questions.
3.7 Seeking Advice of Consultants and Legal Compliance. Clarity does not provide legal advice to its
Clients. Should any issue arise regarding compliance with applicable laws, Client will seek appropriate legal
advice. Client shall not take any action with regard to any plan which is prohibited by federal or state law or
governmental agency regulation. Client shall seek advice of its own attorneys, actuaries and/or accountants to
avoid any such prohibited activities wherever the Client deems such advice necessary or whenever directed
by Clarity to seek such advice.
43
4. CLARITY RESPONSIBILITIES
4.1 Provide Plan Information. Clarity will provide general information concerning plan benefits and
reimbursements to Client and/or plan participants as needed including via telephone, email, or internet/website.
4.2 Claims Processing. Upon receipt of a claim for benefits along with supporting documentation,
Clarity will process the claim to verify the eligibility of the claim for reimbursement under the plan.
4.3 Obtaininq Participants' Information. Clarity may correspond directly with a participant should
additional information be necessary in order to establish eligibility for reimbursement of a claim under the plan.
4.4 Payments of Claims. Once a claim is verified and approved by Clarity, Clarity will, to the extent
that funds for claims have been made available to it by the Client in accordance with Article 5 of this
Agreement, direct payment to the participant in accordance with the applicable plan provisions.
4.5 Processing of Participant Data. Clarity will process updated participant data from Client in relation
to enrollment, deposits and certain demographic information.
4.6 Reports on Plan Activity. Clarity will provide Client with periodic reports reflecting plan activity.
4.7 Process Testing Data. Where necessary, and utilizing information as provided by Client, Clarity
will process plan non-discrimination testing data.
4.8 Enrollment/Re-Enrollment Materials. When requested by Client, Clarity will provide Plan
enrollment/re-enrollment materials as offered by Clarity. Final approval and distribution of Plan enrollment
materials are the responsibility of Client.
5. ACCOUNT FUNDING OPTIONS
Client shall be solely responsible for funding the plan benefits under one of the following options:
5.1 Sponsored Subaccount. Clarity will create a Sponsor Subaccount into which the Client will deposit
funds and which will be used to reimburse plan participants for eligible claims, debit card transactions and
Clarity service fees and expenses. Client agrees to ACH funds to Clarity, If client elects to wire funds there is
a $25 fee per wire; or
5.2 Access to Designated Client Account. Client agrees to grant Clarity limited access to, and use of,
a bank account designated by the Client to disburse funds related to plan benefits, service fees and expenses.
5.3 Electronic Funds Transfers. In regard to electronic funds transfers, Client shall comply with and be
subject to the Operating Rules of the National Automating Clearing House (NACHA) governing these methods
of payment, as such rules shall, from time to time, be in effect among banks that participate in NACHA. Client
also acknowledges that, in order to implement the Services which include ACH transactions, Client will be the
Originator of the ACH transactions and will follow and be bound by the rules for ACH Originators as adopted
From time to time by the NACHA. Client agrees that it has assumed the responsibilities of an Originator under
the ACH Rules and acknowledges that entries may not be initiated in violation of the laws of the United States.
Client agrees to indemnify and hold Clarity harmless from any claim incident to the operation of this plan arising
from an act or omission of Client with respect to ACH transactions.
5.4 Sufficient Funding by Client. Client's designated bank account(s) will have sufficient funds to pay
Client's third party obligations (employee payments and other obligations) within the deadlines established by
Clarity in order to satisfy Client's third party obligations in their entirety.
5.5 Remedies for Insufficient Funding by Client. If Client fails to fully fund plan benefits or other
charges, includirg Clarity's fees, then Client agrees to pay Clarity for all costs of collection, including
reasonable attorney fees, which may be associated with collection of the amounts due. Clarity also may, at its
sole option, terminate this Agreement and withhold any work in progress. This is in addition to any other rights
860520
11.2.2016
44
860520
11.2.2016
Clarity may have under this Agreement or under law. To secure the Client's payment of all charges due under
this Agreement, Client grants Clarity the right to set off with any funds transferred to Clarity for purposes of
remitting payments or making payments to Client employees. Clarity also reserves the rights to reverse
employee transactions for which funds have not been received from Client.
5.6 Client's Fundinq is NOT Plan Asset. Client and Clarity intend and agree that the funding of Plan
benefits: (i) are from the general assets of Client; (ii) are not "Plan Assets" within the meaning of ERISA; (iii)
were never held in an account, fund, or trust bearing the name or otherwise held in an account of the plan or
any participants or beneficiaries thereof.
5.7 Client's Representations to Participants. Client represents and agrees that: (i) neither it nor any
of its employees, directors, representatives, fiduciaries or employee benefit plans (or any entity performing
services for Client or such plans), nor any cf its predecessors, successors or assigns have or will represent to
any participants or beneficiary of the plan that a separate account, fund, or trust has or is being held on its
behalf for the plan that may be used to provide secure benefits under the plan; and (ii) Client shall advise the
participants and beneficiaries of the plan that the benefits under the plan shall at all times be paid out of the
general assets of Client.
5.8 Fundinq of Medical Flexible Spending Accounts. If Client elects a Medical Flexible Spending
Accounts, then Client shall be required to and accepts responsibility to maintain at all times a balance in its
Sponsor Subaccount, or Client's account, equal to Eight (8%) Percent of the aggregate participants' annual
election.
5.9 Fundinq of Health Reimbursement Accounts. If Client elects a Health Reimbursement Accounts
Plan, Clarity will informs the client of the necessary installments needed to satisfy the prefund. This amount
is based on a percentage of the total annual exposure, divided by 5 equal installments. These installment
payments are auto debited via ACH from the client's designated bank account on the first business day of
each month. If additional funds are needed beyonc the prefund to pay claims Clarity will notify the client and
process via ACH.
6. DESIGNATION OF REPRESENTATIVE
Client shall appoint one (1) representative who shall act as its liaison with Clarity. Clarity shall be
entitled to rely on the representations and statements of Client's liaison as binding on Client, without having
to confirm them with any of Client's other employees, principals, executives or any other representatives.
Clarity shall make a similar appointment.
7. TERM
This Agreement shall become effective as of the date set forth above, and will continue in effect until
it is terminated as provided herein.
8. TERMINATION OF SERVICES
8.1 Notice of Termination. Client is to notify Clarity in writing at least sixty (60) days in advance of
termination. After the first year of the Term hereof, Clarity will assess a termination fee equivalent to two (2)
months of the average billed amount if Client terminates service without sixty (60) days advance notice. Clarity
may also terminate this Agreement for cause upon sixty (60) days written notice to Client.
8.2 Termination for Cause: Cure Period. Clarity shall have the right to terminate this Agreement for
cause for Client's failure to fulfill any of its obligations or responsibilities under this Agreement, including, but
not limited to, Client's failure to adequately and timely fund all plans and/or failure to adequately fund for timely
payments of the fees set forth herein. Before terminating the Agreement for cause, Clarity will give Client
fifteen (15) days written notice of such failure and intent to terminate. The termination shall become effective
at the end of this fifteen (15) day notice period unless Client cures this failure(s) within this notice period to the
reasonable satisfaction of Clarity.
4
45
860520
11.2.2016
9. CONFIDENTIALITY AND PROTECTION OF DATA
9.1 Definition of Confidential Information. The term "Confidential Information" includes all non-public
information about the Parties operating and performing under this Agreement; and all information about the
Parties which each, respectively, considers confidential or proprietary, even if not designated as such, and
including the Materials, Work Product, and Documents (as defined herein), and whether or not labeled as
"Confidential Information". Such Confidential Information shall also include, but is not limited to, all the Parties
list of clients, employees and participants, as applicable to the Party, and sources of referrals;
marketing/advertising methodologies and fee arrangements; leasing agreement/arrangements, and all other
contracts, agreements and business arrangements; all methods and means of operations and providing
services; computer software or programs and licensing agreements and/or other arrangements related to
them; and all Intellectual Property, as defined herein. Confidential Information also includes all non-public
information about the Parties respective owners, directors, officers, executives, managers, employees,
representatives, agents, vendors and suppliers.
9.2 Ownership of Confidential Information. The Parties acknowledge that during the performance of
this Agreement, each Party will have access to certain of the other Party's Confidential Information, or
Confidential Information of third parties, that the disclosing Party is required to maintain as confidential. Both
Parties agree that all items of Confidential Information are proprietary to the disclosing Party or such third
party, as applicable, and shall remain the sole property of the disclosing Party or such third party. Each Party
shall use the same degree of care, but not less than a reasonable degree of care, which it uses to protect its
own Confidential Information, in each Party's protection of the confidentiality of the other Party's Confidential
Information.
9.3 Mutual Confidentiality Obligations. Each Party agrees as follows: (i) to use the Confidential
Information only for the purposes described herein; (ii) that such Party will not reproduce the Confidential
Information and will hold in confidence and protect the Confidential Information from dissemination to, and use
by, any third party; (iii) that neither Party will create any derivative work from Confidential Information disclosed
to such Party by the other Party; (iv) to restrict access to the Confidential Information to such of its personnel,
agents, and/or consultants, if any, who have a need to have access for purposes of performing such Party's
obligations hereunder, and who have been advised of, and have agreed in writing to, treat such information
in accordance with the terms of this Agreement; and (v) to return or destroy all Confidential Information of the
other Partyin its possession upon termination or expiration of this Agreement.
9.4 Confidentiality Exceptions. Notwithstanding the foregoing, these provisions for confidentiality
shall not apply to Confidential Information that (i) is publicly available or in the public domain at the time
disclosed; (ii) is or becomes publicly available or in the public domain at the time disclosed; (ii) is or becomes
publicly available or enters the public domain through no fault of the recipient (iii) is rightfully communicated to
the recipient by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the
recipient's possession free of any confidentiality obligations with respect thereto at the time of disclosure; (v)
is independently developed by the recipient; (vi) is approved for release or disclosure by the disclosing Party
without restriction; (vii) is disclosed in response to an order of a court or other governmental body; provided
that, the Party making the disclosure pursuant to the order shall first have given notice to the other Party and
has made a reasonable effort to obtain a protective order; (viii) is otherwise required by law or regulation to be
disclosed; or (ix) is disclosed to establish a Party's rights under this Agreement, including to make such court
filings as it deems necessaryto protect its rights.
10. PLAN DOCUMENTS
If requested by the Client, Clarity will provide a specimen Plan Document, Summary Plan Description,
and related documentation for review by Client's counsel. It is specifically understood and agreed that Clarity
does not offer legal advice, and Client shall rely upon the advice of its own counsel as to the legal sufficiency
of the Plan Documents.
11. OWNERSHIP
11.1 Clarity Proprietary Rights. Clarity owns or licenses all rights, title and interest in and to its
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processes, methods, applications and contents, including the software and documentation, Clarity's
trademarks, and all intellectual property rights in the foregoing (excluding under this Agreement, portions of the
Services provided by third parties). Software and Services are made available only for Client's internal business
use only for the purposes addressed in this Agreement, and they are not transferable; furthermore, any right of
use ceases when Clarity no longer performs it's Services for Client.
11.2 Clarity's Intellectual Property. Clarity shall also retain sole ownership of all methods, strategies,
means, plans or procedures relating to its operations and all other aspects of its business, and all materials,
templates, methodologies, processes, computer programs and other software, and any other systems or
technologies of Clarity, including but not limited to, those which Clarity uses, or permits the Client to use, under
this Agreement (Collectively "Intellectual Property") The Client acknowledges that all such Intellectual Property
is unique and proprietary to Clarity and that the Client shall have no rights, interests or entitlements to same.
Client shall only have the limited right (license) to use same during the term of this Agreement and only as
necessary under it.
11.3 "Materials" & "Work Product." All information, data, records and any other items (collectively
"Materials") which Clarity receives, sends, accesses, collects, or formats in providing the Services under this
Agreement, and all items which Clarity prepares, creates, analyses, or processes in providing the Services
(collectively "Work Product") shall be, and shall always remain, exclusively the property of Clarity.
11.4 Client's Restricted Use of "Work Product." Client shall have Clarity's Work Product made
available to it for Client's use only as necessary under this Agreement. Client shall not use or disclose Clarity's
Work Product for any other purpose nor for the purposes of any other person or entity.
12. RETENTION OF RECORDS/DOCUMENTATION
Clarity shall maintain all the Materials and Work Product (collectively "Records") for whatever period
of time is required by applicable law, but in no event less than seven (7) years. Client shall have reasonable
access to the Records as necessary under this Agreement or otherwise for its legitimate business purposes.
Client shall pay all reasonable costs which Clarity incurs in providing this access to Client. Client shall have
the same responsibility to maintain any information, data or other documentation (collectively
"Documentation") which it sends, receives, collects, maintains, prepares or creates that relates to Clarity's
administration of the plans and otherwise providing the Services under this Agreement. Client shall have the
same obligation to providing Clarity with access to Client's Documentation as necessary under this Agreement
or otherwise for Clarity's legitimate business purposes.
13. HIPAA COMPLIANCE AND PERSONALLY IDENTIFIABLE INFORMATION PROTECTION
Clarity may have access to Protected Health Information ("PHI") in providing the services under this
Agreement. Clarity shall implement those administrative, technical and physical safeguards to the extent it
determines, in its sole discretion, are necessary and appropriate to comply with the requirements of the Health
Insurance Portability and Accountability Act of 1996 ("HIPAK) for the protection of the privacy of individually
identifiable PHI, as defined in HIPAA. Clarity's obligations with respect to HIPPA and PII are contained in
Schedule C which is attached hereto and made a part hereof.
14. NO WARRANTIES & REPRESENTATIONS
14.1 Compliance with Laws & Regulations. Clarity makes absolutely no warranties nor any
representations that any of the plan documents, which Clarity may administer through the Services set forth
in this Agreement, are in compliance with the Empoyee Retirement Income Security Act of 1974, (ERISA);
federal or state tax laws, IRS rules, regulat!ons, or bulletins; or are in compliance with any other applicable
federal and state laws and administrative agency regulations and with the common law. Clarity does not
provide legal advice or services. Clients can and should consult with legal counsel regarding the adequacy
of plan documentation.
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15. FIDUCIARY STATUS & RESPONSIBILITIES/LIABILITIES
15.1 Clarity NOT A Fiduciary. Client acknowledges that, in providing the Services for any plan
administration under this Agreement, Clarity is not assuming any fiduciary duties, responsibilities, obligations,
nor any liabilities as a fiduciary of Client or of any of its employees, or their dependents who are participants
in any of the benefit plans Clarity is administrating under this Agreement.
15.2 Client's Fiduciary Responsibilities/Liabilities. All discretionary decisions which may arise in
Clarity's providing any of the Services in administering any plans shall be referred by Clarity to Client for a
final decision. Such discretionary decisions, for wNch Client shall have the ultimate responsibility and liability,
shall include, but are not limited to, decisions on plan participation eligibility, funding, and benefits eligibility
and payments of benefits, and legal compliance.
15.3 Limitations of Clarity's Responsibilities/Liabilities. Clarity's responsibilities and liabilities under
this Agreement shall be limited to providing administrative functions in connection with the various benefit
plans which Client selects under this Agreement.
15.4 Client as Plan Administrator & Fiduciary. Client shall be designated as the Plan Administrator in
any plan document and shall be the plan's Named Fiduciary (as these terms are defined in ERISA). Client
shall also have all other statutory and common law fiduciary responsibilities, obligations and liabilities for the
plans.
15.5 Clarity: No Assumption of Certain Responsibilities/Liabilities. Clarity is not assuming any of the
functions, duties, or tasks, nor any of the legal obligations, responsibilities or liabilities of a Plan Administrator
or Normal Fiduciary, nor any other fiduciary status imposed by any federal or state laws or regulations, or by
common law.
16. PLAN RELATED GOVERNMENTAL FILINGS
16.1 Client's Filing Responsibilities. Client shall have the final responsibility for the accuracy,
completeness, overall correctness and timely filing of all tax returns and other tax filings, and any other
documentation related to any plan administered by Clarity under this Agreement, which documentation is
required to be filed by any state or federal governmental agency for any such plan, including, but not limited
to, the IRS Form 5500.
16.2 Client's Indemnification. Except in the case of gross negligence on the part of Clarity, Client shall
indemnify, defend and hold Clarity and all its owners, directors, officers, executives, managers, supervisors
and employees harmless from and against any and all claims, charges, complaints, investigations or any other
inquiries, and for any damages, or other liabilities, or any other adverse actions, including for attorneys' fees,
investigation costs, fines, penalties, assessments, liens, and the imposition of interest payments, which arise
from, or are related to, or are connected with, either directly or indirectly, or in whole or in part, failures by Client
to fulfill all of Client's legal orfiduciary obligations as set forth herein, or as otherwise imposed by all federal and
state laws and regulations on Client as tine Plan Sponsor, Plan Administrator, and Named Fiduciary, or
otherwise as a fiduciary under any federal or state 'aw, government_ agency regulations or at common law, for
any plan serviced by Clarity under this Agreement, including, without limitation, errors or failures to file ; tax
and all other document filings required by anyfederal or state governmental agency for any plan as described
herein, or as otherwise imposed by federal or state laws orregulations.
17. AUDITS
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In the event that any of the plans administrated by Clarity through its services under this Agreement are
audited bythe U.S. Department of Labor, the IRS, or by any other federal orstate administrative agencies, Client
shall pay Clarity all the fees and expenses, including any attorney, accountant, consultant, or any other expert
fees, which Clarity incurs as a result of any such audit.
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18. INDEMNIFICATION; LIMITATIONS OF LIABILITY
18.1 Clarity's Indemnification & Limits of Liabilities. Clarity will indemnify, defend, and hold Client
harmless from and against any and all claims or liabilities arising or resulting from Clarity negligent failure to
comply with its obligations and responsibi''ities hereunder. THE MAXIMUM TOTAL LIABILITY OF CLARITY
TO CLIENT SHALL BE LIMITED TO MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED Twenty Five
Thousand ($25,000.00) Dollars. THIS REMEDY IS CLIENT'S SOLE AND EXCLUSIVE REMEDY.
CLARITY SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENTAL, SPECIAL, INCIDENTAL,
EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY ATTORNEYS FEES, OTHER RELATED
COSTS AND EXPENSES, FINES, PENALTIES, ASSESSMENTS, LIENS, AND INVESTIGATION
COSTS AND INTERESTS, EVEN IF CLARITY HAS KNOWLEDGE OF THE POSSIBILITY OF
SUCH POTENTIAL LOSS OR DAMAGE.
19. INDEPENDENT CONTRACTOR
This Agreement is between Clarity and the Client as independent entities and is not intended, and
shall not be construed, as creating any partnership, joint venture or any other legal relationship between the
Parties except that of Clarity being an independent contractor of Client.
20. NO BINDING AUTHORITY
Neither Clarity nor Client, nor any of their respective agents, representatives or employees shall have
any right, power or authority to bind or to create any legally binding obligations on the other Party, and/or to
enter into any agreements, obligations or understandings, nor to incur any liabilities, on behalf of the other
Party.
21. RIGHT TO SUBCONTRACT
21.1 Clarity Subcontractors & Vendors. Clarity, at its option, shall have the right to provide the
Services under this Agreement through one or more third parties (i.e. subcontractors or vendors) engaged by
Clarity.
22. EXCLUSIVE/NON-EXCLUSIVE ARRANGEMENT
Clarity shall be the exclusive provider for Client of all the Services described in this Agreement which
Client selects. Client shall not have any other TPA service provider provide any of the Services described in
this Agreement for Client during the term of this Agreement. During the term Client may select additional
Services for Clarity to provide which are in addition to those the Client selects at the time this Agreement is
executed.
23. SURVIVING PROVISIONS
Those Sections, which by the nature of their terms, survive the expiration/termination of this
Agreement, and, specifically, Sections 4, 9, 11, 12, 13, 15, 16, 17, 18, 23 and Schedule C , shall survive the
termination or expiration of this Agreement.
24. ARBITRATION/WAIVER OF JURY TRIAL
24.1 Arbitration of All Claims. Except for seeking injunctive relief in Court, and/or in support of
arbitration; and except for seeking injunctive relief to protect or enforce Clarity's or Client's rights under Section
9, rights under Section should any disputes, controversies, complaints, claims or causes of action (hereinafter
collectively referred to as "Claims") occur between the Parties which arise out of, are related to, or are
connected with, either directly or indirectly, or in whole or in part, the interpretation, application, or alleged
violation of this Agreement, or which arise out of any other professional or business dealings or relationships
between the Parties, then all such Claims shall be resolved exclusively through arbitration in accordance with
the rules and procedures of the American Health Lawyers Association Arbitration Service.
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24.2 Scope of Arbitrator's Authority. The arbitrator shall also have the sole authority to resolve any
and all issues over the arbitrability of any Claim, or any other issues relating to the enforceability and
application of this arbitration process to any claim, including the applicability of any statute of limitations, and
shall decide any and all other issues relating to the use of this arbitration process by the Parties as the
exclusive means to resolve any and all Claims between them.
24.3 Waiver of Jury Trial, The Parties voluntarily and knowingly acknowledge their
understanding that under this provision for arbitration they are waiving (i.e., giving up) their right to
bring a law suit in a court of law and to have a judge and a trial by a jury to resolve any of the Claims
between them.
24.4 Costs of Arbitration. Each Party shall bear its own costs for attorneys' fees, experts, and all other
costs and expenses for proceeding to arbitration and any related court actions. The Parties shall equally bear
the costs of the arbitration process and the arbitratcr. The arbitration shall occur in Union County, New Jersey.
25. GENERAL PROVISIONS
25.1 Notice. All notices sent specifically under this Agreement shall be in writing, and may be given
by electronic mail or by pre -paid post, to the following email and streetaddress:
Clarity
Company Representative (Print/Type Name):
Company Representative (Signature):
Date:
Client
Company Representative (Print/Type Name):
Company Representative (Signature):
Date:
25.2 Governing Law and Jurisdiction. This Agreement shall be governed and construed in accordance
with the laws of the state of New Jersev without retard to its conflicts of law principles and Clarity and Client
agree to the exclusive jurisdiction of the State Courts of New Jersey, except with respect to those issues
for which arbitration is required pursuant to Section 23 hereof.
25.3 Further Instruments. At any time, and from time to time, Clarity and Client shall, without further
consideration, and at their own expense, take such further actions and execute and deliver such further instruments as
may be reasonably necessary to effectuate the purposes of this Agreement.
25.4 Entire Agreement. This Agreement contains the entire understanding between Clarity and Client
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with respect to the transactions contemplated hereby and supersedes all prior agreements between them, written
or oral.
25.5 Severability. In the event that any term or provision of this Agreement is held to be illegal, invalid
or unenforceable under any applicable law, rule or regulation, such term or provision shall be deemed severed
from this Agreement, and the remaining terms and provisions shall remain unaffected thereby; provided that, the
invalid term does not materially alter the basic purpose or intent of this Agreement.
25.6 Assignment. Nothing in this Agreement shall permit assignment by Clarity or Client without the
express prior written consent of the other Parry.
25.7 Waiver of Breach. No waiver of a breach of any provision of this Agreement shall be construed
to be a waiver of any breach of any other provision of this Agreement or of any succeeding breach.
25.8 Entire Agreement; Amendments. This Agreement constitutes the entire arrangement and
understanding between Clarity and Client as it relates to the subject matters addressed herein, and it supersedes
any and all prior arrangements, agreements or understandings between them. This Agreement shall not be
changed or modified except by an instrument in writing executed by Clarity and Client. Without limiting any other
provision herein, in the event that rules, policies, directives and/or orders of any applicable federal, state, or local
agency, necessitate modifications or amendments to this Agreement, the Parties agree to so modify or amend
this Agreement to conform with such rules, policies, directive and/or orders; provided that, they do not
materially affect the rights, duties and obligations of Clarity and Client hereunder.
25.9 Interpretation of Agreement. This Agreement has been independently, separately and freely
negotiated by Clarity and Client of equal bargaining power, as if this Agreement were drafted by both Parties.
Clarity and Client therefore waive any statutory or common law presumption which would serve to have this
document construed in favor of, or against, any Party as the drafter hereof.
25.10 No Oral Statements or Amendments to Agreement. Any oral statements by Clarity and
Client, or by their respective agents or representatives, shall not be used to interpret, or as an aid in
determining the meaning and intent of, any provision of this Agreement. In addition, there shall be no oral
amendments, revisions, nor any other oral changes or modifications to this Agreement. Any and all such
items shall only be in writing signed by authorized representatives of Clarity and Client.
25.11 Counterparts. This Agreement may be executed in counterparts, each of which shall be
considered an original and all of which together shall constitute one and the same instrument.
25.12 Integration of Agreements. This Agreement, and any other agreements executed by Clarity and
Client, shall constitute one integrated business arrangement between them, and all these agreements shall
be interpreted as one integrated whole.
25.13 Attorney's Fees and Costs. Except as specifically provided in this Agreement, if any action at
law or in equity, or any arbitration, is brought by Clarity and Client against the other, each Party shall be
responsible for its own attorneys' fees, costs and any other disbursements expended in such action.
25.14 Subject Headings. The subject headings of the sections and subsections of this Agreement are
included solely for purposes of convenience and reference and shall not be deemed to explain, modify, limit,
amplify or aid in the meaning, construction or interpretation of any provisions of this Agreement.
25.15 Parties in Interest. Except for Clarity and Client, and their respective, legal representatives,
successors and assigns, nothing in this Agreement, whether expressed or implied, is intended to confer upon
any other person any rights or remedies under, or by reason of, this Agreement. In addition, no provision
hereof gives any entity or person any right of subrogation or action against either Party hereto.
25.16 Third Party Acts. Clarity and Client will not be responsible for any failure to provide services, or
to correct any condition, which is beyond its reasonable control, including but not limited to any acts or
omissions by any third party.
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25.17 Internet/Electronic Communications Disruptions. Because the Services being provided by
Clarity are electronic, computer, and internet-based, Clarity and client are not responsible, and shall have no
liability whatsoever, for any disruptions in electrical service, failure of communication lines, failure of internet
service providers, computer viruses and bugs, internet hackers and any and all other similar risks associated
with, or related to, the use of electronic, computer, internet- based information services.
25.18 Credit Checks. Client understands that this Agreement may be considered as an application
for credit and hereby authorizes Clarity to review the Client's credit, including reports from credit bureaus,
references, bank account status and other available financial information.
25.19 Additional Services. If Client adds a Service following execution of this Agreement, Client
agrees to be bound by these Terms and Conditions as well as the separate Terms and Conditions of that
Service.
25.20 Limitations Period. No action/obligation arising under or in connection with this Agreement may
be brought by Ment or Clarity more than three (3) years after either Party becomes, or should reasonably have
become, aware of the occurrence of events giving rise to the cause of action.
[SIGNATURES]
Clarity
Company Representative (Print/Type Name):
Company Representative (Signature):
Date:
Client
Company Representative (Print/Type Name):
Company Representative (Signature):
Date:
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Clarity shall provide the following services with respect to the COBRA Administrative Plan Service.
(a) Provide notification containing the information required to be included in the COBRA initial notification to
all benefit eligible employees and dependents who are participants under the plan(s) and whose names and
addresses are furnished by Client.
(b) Advice employees and other qualified beneficiaries of their rights to elect and receive COBRA continuation
coverage under the plan(s), after Client has notified Clarity of the occurrence of qualifying events. Covered
employees and other qualified beneficiaries shall be notified in writing by first class U.S. mail with proof of
mailing or an equivalent process. Clarity shall take all commercially reasonable action to mail the notice within
five (5) business days of receiving proper notice from Client.
(c) Clarity shall receive and document election resoonses.
(d) Clarity shall collect premiums (including administrative charges) directly or through a Designated Client
Bank Account ("DCBA") from or on behalf of individuals who elect to continue coverage under the plan(s)
("continuants"), and forward the amount of the paid premiums, less the administrative charges, to Client, or
its health insurance carrier, on a monthly basis. Clarity shall consider COBRA premiums to be timely paid if,
within 30 days of the due date, such premiums are actually delivered to Clarity or said DCBA, postmarked by
the U.S. Postal Service, or sent by express delivery service (with evidence thereof), unless Client advises
Clarity in writing that a longer period applies under the plan(s). Premium payments made through the secure
Member Portal will be considered timely if Member submits a payment before 12:59am CST on the last day
of the premium payment grace period. For premium payment made by check (Paper Cash Letter), actual
delivery, postmark or evidence of express delivery will also be used to determine timeliness of COBRA
elections based on applicable statutory periods. Cient shall execute an ACH Funds Settlement Agreement
which authorizes Clarity to initiate credit and debit entries.
(e) Clarity shall make available to Client online status reports, accessed through the secure Client Portal, for
each continuant electing continued coverage under the plan(s). These status reports will include continuants
who are current on their premium payments, and continuants who have been canceled for failing to remit
premium payments pursuant to the requirements of COBRA, as implemented in accordance with this
Agreement.
(f) Upon Client's request and provision of the proper and complete information, Clarity shall mail Health
Insurance Portability and Accountability Act (HIPAA) Certificates of Creditable Coverage. Upon request on
behalf of an employee orformer employee, Clarity shall also mail such Certificate, if the request is made within
24 months of the later of: (1) the time the individual ceased to be covered under the respective plan or
otherwise became covered under a COBRA continuation provision; or (2) in the case an individual was
covered under such provision, at the time the individual ceases to be covered under such provision; provided
the Client gives Clarity the proper and complete information. Clarity shall mail the Certificate, first class U.S.
Mail, directly to covered employees and qualified beneficiaries. Notices shall only be sent to those covered
employees and beneficiaries as Client expressly requests in writing. Clarity shall have no other obligation with
regard to HIPAA or state law compliance.
(g) If the plan(s) offer an option of conversion to an individual health insurance policy when COBRA coverage
under the plan(s) is exhausted, and if the Client has provided Clarity with proper and complete information
regarding the existence and terms of such conversion option, then Clarity shall provide the continuant with a
notice of his or her conversion rights under the plan(s). Such notice shall be provided in writing by first class
U.S. mail with proof of mailing or an equivalent process, within one hundred eighty (180) days of the end of
the maximum COBRA coverage period. Clarity shall not be responsible for notifying the employee or other
qualified beneficiary of any conversion right outside of COBRA coverage; for determining whether the plan(s)
offers an option of conversion; or if the employee or other qualified beneficiary is eligible forconversion.
12 53
SCHEDULE B
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
This Schedule to the Administrative Services Agreement between Clarity and Client (the "Agreement") is incorporated by
reference therein. Client represents that it has the authority to execute, and hereby executes, this Schedule C for and on
behalf of the Plan Sponsor's plan(s) for which Clarity provides plan administration services ("the Plan" for the purposes of
this Schedule C).
In conformity with the regulations at 45 C.F.R. Parts 160-164 (the "Privacy and Security Rules") Clarity will under the
following conditions and provisions have access to, maintain, transmit, create and/or receive certain Protected Health
Information:
1. Definitions, The following terms shall have the meaning set forth below:
(a) ARRA. "ARRA" means the American Recovery and Reinvestment Act of 2009
(b) Breach, "Breach" has the meaning assigned to such term in 45 C.F,R. 164.402.
(c) G.F.R. "C.F.R," means the Code of Federal Regulations.
(d) Designated Record Set, "Designated Record Set" has the meaning assigned to such term in 45 C.F.R. 164.501.
(e) Discovery. "Discovery" shall mean the f rst day on which a Breach Is known to Clarity (including any person, other
than the individual committing the breach, that is an employee, officer, or other agent of Clarity), or should
reasonably have been known to Clarity, to have occurred.
(f) Electronic Protected Health Information. "Electronic Protected Health Information" means Information that comes
within paragraphs 1(i) or 1(H) of the definition of "Protected Health Information", as defined in 45 C,F.R. 160.103.
(g) Individual. "Individual" shall have the same meaning as the term "individual" In 45 C,F.R. 160.103 and shall
Include a person who qualifies as a personal representative in accordance with 45 C,F.R. 164.502 (g),
(h) Protected Health Information "Protected Health Information" shall have the same meaning as the term "Protected
Health Information", as defined by 45 C.F,R. 160.103, limited to the Information created or received by Clarity from
or on behalf of Client,
(i) Required By Law. "Required By Law" shall have the same meaning as the term "required by law" in 45 C.F,R.
164.103.
(j) Secretary. "Secretary' shall mean the Secretary of the Department of Health and Human Services or his designee.
(k) Security Incident. "Security Incident" has the meaning assigned to such term In 45 C.F.R. 164.304.
(1) Standard Transactions, "Standard Transactions" means the electronic health care transactions for which HIPAA
standards have been established, as set forth In 45 C.F.R., Parts 160-162.
(m) Unsecured Protected Health Information, "Unsecured Protected Health Information" means Protected Health
Information that Is not secured through the use cf a technology or methodology specified by guidance Issued by
the Secretary from time to time.
Obligations and Activities of Clarity
(a) Clarity agrees to not use or disclose Protected Health Information other than as permitted or required by this
Schedule or as Required by Law,
(b) Clarity agrees to use appropriate safeguards to prevent use or disclosure of the Protected Health Information other
than as provided for by this Schedule.
(c) Clarity agrees to mitigate, to the extent practicable, any harmful effect that is known to Clarity of a use or
disclosure of Protected Health Information by Clarity in violation of the requirements of this Schedule.
(d) Clarity agrees to report to Client any Security Incident of the Protected Health Information not allowed by this
Schedule of which it becomes aware, except that, for purposes of the Security Incident reporting requirement, the
term "Security Incident" shall not include inconsequential incidents that occur on a daily basis, such as scans,
"pings" or other unsuccessful attempts to penetrate computer networks or servers containing electronic PHI
maintained by Clarity,
(e) Clarity agrees to report to Client any Breach of Unsecured Protected Health Information without unreasonable
delay and in no case later than sixty (60) calendar days after Discovery of a
Breach. Such notice shall include the identification of each Individual whose Unsecured Protected Health
Information has been, or is reasonably believed by Clarity, to have been, accessed, acquired, or disclosed In
connection with such Breach. In addition, Clarity shall provide any additional Information reasonably requested by
Client for purposes of investigating the Breach. Clarity's notification of a Breach under this section shall comply in
all respects with each applicable provision of Section 13400 of Subtitle ID (Privacy) of ARRA, 45 C.F.R. 164.410,
and related guidance issued by the Secretary from time to time.
(f) Clarity agrees to ensure that any subcontractors triat create, receive, maintain, or transmit Protected Health
Information on behalf of Clarity agree in writing to the same restrictions and conditions that apply through this
Schedule to Clarity with respect to such Information, in accordance with 45 C.F.R. 164.502(e)(1)(ii) and
164.308(b)(2), if applicable.
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13 54
(g) Clarity agrees to provide access, at the request of Client, and in the time and manner designated by Client, to
Protected Health Information in a Designated Record Set, to Client or, as directed by Client, to an Individual in
order to meet the requirements under 45 C.F.R 164,524.
(h) Clarity agrees to make any amendment(s) to Protected Health Information in a Designated Record Set that the
Client directs or agrees to pursuant to 45 C.F.R. 164.526 at the request of Client or an Individual, and in the time
and manner designated by Client,
(i) Clarity agrees to make (i) internal practices, books, and records, including policies and procedures, relating to the
use and disclosure of Protected Health Information received from, or created or received by Clarity on behalf of,
Client, and (ii) policies, procedures, and documentation relating to the safeguarding of Electronic Protected Health
Information available to the Secretary, in a time and manner designated by the Secretary, for purposes of the
Secretary determining Client's or Clarity's compliance with the Privacy and Security Rules.
(j) Clarity agrees to document such disclosures of Protected Health Information as would be required for Client to
respond to a request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 C. F.R. 184.528.
(k) Clarity agrees to provide to Client the information collected in accordance with this Section to permit Client to
respond to a request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 C.F.R. 164.528.
(1) With respect to Electronic Protected Health Info,mation, Clarity shall implement and comply with the administrative
safeguards set forth at 45 C.F.R. 164.308, the physical safeguards set forth at 45 C.F.R. 310, the technical
safeguards set forth at 45 C.F,R. 164.312, and the policies and procedures set forth at 45 C.F.R. 164,316 to
reasonably and appropriately protect the confidentiality, integrity, and availability of the Electronic Protected Health
Information that it creates, receives, maintains, or transmits on behalf of Client. Clarity acknowledges that, effective
the later of the Effective Date of this Schedule or February 17, 2010, (i) the foregoing safeguards, policies and
procedures requirements shall apply to Clarity In the same manner that such requirements apply to Client, and (ii)
Clarity shall be subject to the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6,
as amended from time to time, for failure to comply with the safeguards, policies and procedures requirements and
any guidance issued by the Secretary from time to time with respect to such requirements,
(m) With respect to Electronic Protected Health Information, Clarity shall ensure that any subcontractors that create,
receive, maintain, or transmit Electronic Protected Health Information on behalf of Clarity, agree to comply with the
applicable requirements of Subpart C of 45 C.F.R. Part 164 by entering into a contract that complies with 45
C,F,R, Section 164,314.
(n) If Clarity conducts any Standard Transactions on behalf of Client, Clarity shall comply with the applicable
requirements of 45 C,F.R. Parts 160-162,
(o) Clarity acknowledges that, effective the later of the Effective Date of this Schedule or February 17, 2010, it shall be
subject to the civil and criminal enforcement provisions set forth at 42 U.S.C. 1320d-5 and 1320d-6, as amended
from time to time, for failure to comply with any of the use and disclosure requirements of this Schedule and any
guidance Issued by the Secretary from time to time with respect to such use and disclosure requirements.
(p) To the extent Clarity is to carry out one or more of Client's obligation(s) under Subpart E of 45 CFR Part 164,
Clarity shall comply with the requirements of Subpart E that apply to Client In the performance of such
obligation(s).
3. Permitted Uses and Disclosures by Clarity
3.1 General Use and Disclosure
Except as otherwise provided in this Schedule, Clarity may use or disclose Protected Health Information to perform its obligations
under the Agreement, provided that such use or disclosure would not violate the Privacy and Security Rules if done by Client or the
minimum necessary policies and procedures of Client.
3.2 Specific Use and Disclosure Provisions
(a) Except as otherwise provided in this Schedule, Clarity may use Protected Health Information for the proper
management and administration of Clarity or to carry out the legal responsibilities of Clarity,
(b) Except as otherwise provided in this Schedule, Clarity may disclose Protected Health Information for the proper
management and administration of Clarity, provided that disclosures are Required By Law, or Clarity obtains
reasonable assurances from the person to whom the information is disclosed that it will remain confidential and
used or further disclosed only as Required By Law or for the purpose for which it was disclosed to the person, and
the person notifies Clarity of any Instances of which It is aware in which the confidentiality of the information has
been breached In accordance with the Breach and Security Incident notifications requirements of this Schedule.
(c) Clarity shall not directly or indirectly receive remuneration in exchange for any Protected Health Information of an
Individual without Client's prior written approval and notice from Client that It has obtained from the Individual, in
accordance with 45 C.F.R. 164.508, a valid authorization that includes a specification of whether the Protected
860520
11.2.2016
14 55
Health Information can be further exchanged for remuneration by Clarity, The foregoing shall not apply to Client's
payments to Clarity for services delivered by Clarity to Client.
(d) Except as otherwise provided in this Schedule, Clarity may use Protected Health Information to provide data
aggregation services to Client as permitted by 45 C.F.R. 164.504(e)(2)(i)(B).
(e) Clarity may use Protected Health Information to report violations of law to appropriate Federal and State
authorities, consistent with 45 C,F,R. 164.502§)(1).
4, Obligations of Client.
4.1 Provisions for Client to Inform Clarity of Privacy Pract ces and Restrictions
(a) Client shall notify Clarity of any limitation(s) in its notice of privacy practices of Client in accordance with 45 C.F.R.
§ 164.520, to the extent that such limitation(s) may affect Clarity's use or disclosure of Protected Health
Information.
(b) Client shall provide Clarity with any changes in, or revocation of, permission by Individual to use or disclose
Protected Health Information, to the extent that such changes affect Clarity's uses or disclosures of Protected
Health Information.
(c) Client agrees that it will not furnish or impose by arrangements with third parties or other Covered Entities or
Business Associates special limits or restrictions to the uses and disclosures of Its PHI that may impact in any
manner the use and disclosure of PHI by Clarity under the Agreement and this Schedule, including, but not limited
to, restrictions on the use and/or disclosure of PHI as provided for in 45 C.F.R. 164,522,
4.2 Permissible Requests by Client
Client shall not request Clarity to use or disclose Protected Health Information in any manner that would not be permissible
under the Privacy and Security Rules if done by Client.
5. Term and Termination
(a) Term. The provisions of this Schedule shall take effect on the effective date of the Agreement, and shall terminate
upon expiration or termination of the Agreement, except as otherwise provided herein.
(b) Termination for Cause. Without limiting the termination rights of the parties pursuant to the Agreement and upon
either party's knowledge of a material breach by the other party, the non -breaching party shall either:
i. Provide an opportunity for the breaching party to cure the breach or end the violation, or terminate the Agreement,
if the breaching party does not cure the breach, or
ii. End the violation within the time specified by the non -breaching party, or
iii. Immediately terminate the Agreement, if cure of such breach is not possible.
(c) Effect of Termination.
The parties mutually agree that it is essential for Protected Health Information to be maintained after the expiration of the
Agreement for regulatory and other business reasons. Except as provided below, upon termination of this Agreement for
any reason, Clarity shall return or, destroy all Protected Health Information received from Client, or created or received by
Clarity on behalf of Client. Notwithstanding the expiration of the Agreement, If Clarity determines that returning or destroying
Protected Health Information is infeasible, Clarity shall notify Client of the conditions that make return or destruction
infeasible. Clarity shall extend the protections of this Schedule to such Protected Health Information, and limit further use or
disclosure of the Protected Health Information to those purposes that make the return or destruction of the Protected Health
Information infeasible.
6. Miscellaneous
(a) Regulatory References A reference in this Sched.ile to a section in the Privacy and Security Rules means the
section as in effect or as amended, and for which compliance is required.
(b) Amendment. The Parties agree to take such action to amend this Agreement from time to time as is necessary for
Client and Clarity to comply with the requirements of the HIPM Privacy Rule, the HIPAA Security Rule, the
HITECH Act, and HIPAA, as amended.
(c) Survival. The respective rights and obligations of Clarity under Section 5(c) of this Schedule shall survive the
termination of this Schedule.
(d) Interpretation. Any ambiguity in this Schedule shall be resolved in favor of a meaning that permits Client to comply
with the Privacy and Security Rules.
(e) No third party beneficiary. Nothing express or implied In this Schedule In the Agreement Is intended to confer, nor
shall anything herein confer, upon any person other than the parties and the respective successors or assigns of
the parties, any rights, remedies, obligations, or liabilities whatsoever.
(f) Governing Law. This Schedule shall be governed by and construed in accordance with the same internal laws as
that of the Agreement.
860520
11.2.2016
15 56
860520
11.2.2016
SCHEDULE C
FEE SCHEDULE
One -Time Implementation Fees
• Plan Documents & Summary Plan Descriptions
• Enrollment Materials
• Plan Installation
• Implementation of Clarity Quick Claim
• Web Based Enrollment Service
Implementation Fee $0.00
Debit Card per Participant N/A
Administration Services
• Process Debit Card Transactions
• Review and Process Claims
• Integrate with insurance Carriers
• Process Reimbursement Checks and Direct Deposit
• Provide Plan Reports
• Provide Mobile, Online and Text communication of Plan Data
Annually
• Annual Renewal Fee (Consumer Benefits Only) Waived
• Annual Discrimination Test
• Annual Dependent Care Test
• Annual Concentration Test
• Annual Contributions Test
Monthly Fees
Retiree Billing Per Participant Fee $2.50
Optional Services
Next Day Delivery $35.00
Wire Fee (If Client wires plan deposits to Clarity) $25.00
Banking/Misc. Fees
Mid -Year Change in Funding $1,000
NSF Fee $50.00
Stop Payment $25.00
ACH Rejects $25.00
Check Re -issuance fee $10.00
16
57
FLEXIBLE BENEFITS ADMINISTRATION
SERVICES AGREEMENT
This Agreement made effective as of January 1, 2017 (the "Effective Date"), by and between
SAMPLE COMPANY, 123 Main Street, Buffalo, NY 14202 (the "Employer"), and P&A
ADMINISTRATIVE SERVICES, INC., 17 Court Street, Suite 500, Buffalo, NY 14202-3294 ("P&A").
WITNESSETH:
WHEREAS, the Employer maintains a cafeteria plan as defined in Section 125 of the Internal
Revenue Code for its eligible employees (the "Plan"); and
WHEREAS, the Employer desires to retain P&A to provide administrative services with respect to
the Plan, and P&A desires to provide such services upon certain terms and conditions;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein
and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties
hereto, with the intention of being legally bound hereby, covenant and agree as follows:
1. Services. P&A shall provide the following services with respect to the Plan:
a. prepare such Plan documents as shall be necessary to properly restate the Plan as of
the Effective Date, including a Plan document, a summary of the Plan for distribution to
employees eligible to participate in the Plan ("Participants"), and an enrollment form. At the
time provided to the Employer, such documents shall conform in all respects with applicable
laws and regulations;
b. with the assistance of the Employer, enroll Participants in the Plan;
C. provide to each Participant who elects benefits under the Plan's Medical Expense
Reimbursement Account benefit option or Dependent Care Assistance Account benefit
option an electronic payment card that may be used to pay expenses that are eligible for
reimbursement under that benefit option, and such additional cards for use by family
members of the Participant as he or she reasonably shall request;
d. substantiate the eligibility of expenses paid by use of an electronic payment card to
the extent required by applicable law;
e. provide Participants who have elected flexible spending account benefits under the
Plan with a form to use in submitting flexible spending account claims;
f. receive, review and, when authorized by the Plan and by applicable law, approve
flexible spending account claims;
g. from time to time, notify the Employer of the aggregate amount of funds needed from
the Employer to pay pending approved claims and receive said funds as transmitted by the
PM
Employer;
h. pay approved flexible spending account claims from funds made available by the
Employer for that purpose. Claims shall be paid by check or, where authorized by a
claimant, by direct electronic deposit to a bank account of the claimant;
i. provide with each flexible spending account claim paid by check a statement of the
Participant's remaining account balance under the flexible spending account from which the
payment has been made;
j. before the end of each Plan Year of the Plan as described in the Plan document (the
"Plan Year"), provide to each Participant who elected any flexible spending account benefits
for that Plan Year a statement setting forth each of his or her flexible spending account
balances and advise of the potential forfeiture of any balances not used to reimburse the
Participant for eligible expenses incurred prior to the end of that Plan Year;
k. perform such benefits discrimination testing as P&A shall deem necessary to assure
the Plan's continuing compliance under Code Section 125; and
I, prepare any annual return (Form 5500 Series or equivalent) required by applicable
federal law with respect to the Plan for filing by the Employer with respect to each Plan Year
ending prior to the termination of this Agreement.
2. Compensation. As compensation for the services rendered hereunder, the Employer shall
pay P&A such fees as are set forth in Schedule A attached hereto and made a part hereof. P&A may
modify this fee schedule as of the beginning of any Plan Year commencing on or after the initial term of
the Agreement (as described in Section 5 hereof). P&A shall notify the Employer in writing of any
modification to the fee schedule not less than ninety (90) days before the beginning of the Plan Year in
which the modification is to become effective. Should the Employer be unwilling to accept any such
modification, it may exercise its right to terminate the Agreement in accordance with Section 5 below.
3. Employer Responsibilities.
a. The Employer shall notify P&A in writing of any event or occurrence that affects the
group of employees who are eligUe for reimbursement of expenses under the Plan (e.g.,
hiring of a new employee, termination of an employee, change in hours worked) as soon as
is reasonably practicable.
b. The Employer shall provide P&A on a timely basis with such other information as P&A
reasonably shall request in furtherance of its responsibilities hereunder as soon as is
reasonably practicable.
C. The Employer shall provide P&A with the funds necessary to pay all claims that
qualify for reimbursement under the Plan. P&A shall not be obligated to advance funds to
59
2
the Employer for this purpose.
d. The Employer shall be responsible for assuring that withholding from its payroll is
consistent in all respects with salary reduction elections made under the Plan and for
preparing Forms W-2 that reflect benefits that were received by Participants during the
reporting year to the extent required by law.
4. Responsibilities of the Parties and Indemnification. The responsibilities and liabilities of
P&A are only those set forth herein, and no others shall be implied. P&A shall have no duty or authority to
make, or to compel the Employer to make payment of any benefit under the Plan. Except for its own
misconduct or negligence, P&A shall not indemnify the Employer or any other provider of benefits under
the Plan, with respect to its liability to pay benefits to Participants.
Except for its own misconduct or negligence, neither P&A nor any of its officers, directors, or
employees, nor any agent of or counsel for any of the foregoing, shall be liable to anyone at any time
interested in the Plan, for any act or omission in providing services hereunder. P&A shall indemnify and
hold harmless the Employer from any claim, liability, obligation or charge arising out of P&A's misconduct,
negligence or other wrongdoing in connection with activities or responsibilities arising out of or relating to
this Agreement. The Employer shall indemnify and hold harmless P&A from any claim, liability, obligation
or charge arising out of the Employer's misconduct, negligence or other wrongdoing in connection with
activities or responsibilities arising out of or relating to this Agreement.
5. Term; Termination. The initial term of this Agreement shall commence on the Effective
Date and shall end on the last day of the first twelve-month Plan Year commencing on or after that date.
Thereafter, this Agreement automatically shall be renewed for each additional Plan Year unless one of the
parties hereto gives the other party notice in writing of its desire to terminate the Agreement as of the end
of a specified Plan Year not less than sixty (60) days prior to the end of that Plan Year. Notwithstanding
the foregoing, this Agreement shall terminate (a) automatically if either party is adjudicated a bankrupt or
suffers appointment of a temporary or permanent receiver, trustee or custodian for all or a substantial part
of their assets, which shall not be discharged within thirty (30) days of appointment, or makes an
assignment for the benefit of creditors, or (b) after written notice by one party of the other party's material
breach of, or material failure to perform, its obligations hereunder unless such breach or failure is cured
within ten (10) days of said notice. Any notice of breach must provide all such details as are known to the
non -breaching party regarding the nature of the other party's alleged breach, the specific obligation
hereunder to which the alleged material breach relates, the approximate date on which the alleged breach
occurred and the identity of any personnel of the other party that were involved. Failure to provide such
detail shall render said notice null and void for purposes of this Agreement.
Should the Employer cause this Agreement to be terminated other than in accordance with the
60
3
preceding paragraph, the Employer immediately shall become obligated to pay P&A as liquidated
damages an amount equal to seventy-five percent of the fees that would have been due had the
Agreement remained in effect for the period (i) commencing on the date next following the date on which
the Agreement prematurely was or will become terminated, and (ii) ending on the earliest date as of which
the Employer properly could have terminated the Agreement by giving the advance notice prescribed
hereunder on the date the Employer first notified P&A in writing of the Employer's intention to terminate
the Agreement. For purposes of calculating this liquidated damages amount, the fees due to P&A
hereunder for services it provided in the month preceding the month within which P&A first was notified of
the premature termination of the Agreement shall be the fees due for each month during the period
described in the preceding sentence.
6. Confidentiality. All books and records, including the data therein, pertaining to each party
which may come into the hands of the other are to be treated as confidential and private records, and the
other party shall not disclose information from such records unless it is required by law or authorized by
the initial party in writing prior to such disclosure. Both parties reserve the right to control the use of any of
their symbols, trademarks, computer programs and service marks currently existing or hereafter
established. Both parties agree that they will not use the computer programs work, symbols, trademarks,
service marks, or other devices of the other in advertising, promotional material, or otherwise and will not
advertise or display such devices without the prior written consent of the other party. In addition, both
parties further agree that any such work, symbols, trademarks, service marks, or other devices furnished
by one party to the other shall remain the property of the initial party and shall be returned by the other
party upon demand of the initial party upon termination of this Agreement.
7. HIPAA Compliance. The parties hereto acknowledge that they have entered into a separate
Business Associate Agreement of even date herewith, a copy of which is appended hereto as Exhibit 1,
and agree that said Business Associate Agreement and all of the obligations and rights of the parties
thereunder shall be incorporated herein by reference.
8. Binding Effect. This Agreement shall inure to the benefit of and be binding upon :he
parties, their legal representatives, contractors, agents, successors and assigns.
9. Integration. By their making of this Agreement, the parties hereto hereby acknowledge that
this Agreement supersedes any previous understandings between them with respect to all matters
contained herein and contains the entire understanding and agreement between them with respect to all
matters contained herein and cannot be amended, modified or supplemented except by a subsequent
written agreement entered into by both parties.
10. Subcontracting. P&A shall not subcontract any portion of this Agreement without the prior
written approval of the Employer.
4 61
11. Non -Exclusive Arrangement. Nothing contained herein shall be construed to prevent either
party from independently operating or participating in any other agreement concerning plan administration
services independent and unrelated to the services and obligations of the parties pursuant to this
Agreement.
12. Waiver of Breach. The waiver by either party of a breach or violation of any provision of this
Agreement shall not operate as or be construed as a waiver of a breach or violation of any other provision
of this Agreement or of any subsequent breach or violation thereof.
13. Severability. In the event any provision of this Agreement is rendered invalid or
unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
14. Governing Law. This Agreement is made in and shall be construed pursuant to the laws of
the State of New York, to the extent that the law of the State of New York is not superseded by federal law.
15. Enforcement. If any action at law or in equity (including arbitration) is necessary to enforce
or interpret any one or more of the terms of this Agreement, the prevailing party shall be entitled to
reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which
such party may be entitled.
16. Notice. Any notice hereunder by either party shall be deemed to have been duly given three
(3) business days after mailing, and shall be given by fax and by being mailed in any post office or post
office box maintained by the United States Pos-al Service, enclosed in a postage paid envelope, registered
or certified mail, return receipt requested, addressed to the party to whom orwhich notice is intended to be
given at such party's address as stated above or to such other address as each party shall specify in
writing to the other.
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date.
SAMPLE COMPANY P&A ADMINISTRATIVE SERVICES, INC.
BY: BY:
62
5
SCHEDULE A -FEES
The Employer will pay to P&A:
1. INSTALLATION FEE. A fee of $xx.xx for all of those services relating to the installation of the Plan, including
preparation of Plan documents, data entry and processing of enrollment forms. P&A shall extract this fee from a bank account
designated by the Employer for purposes of providing P&A with the funds needed for the administration of the Plan (the
"Employer's Account")
ADMINISTRATION FEES. Administration fees for each calendar month commencing while this Agreement remains in
effect.
After open enrollment of Plan Participants has been completed for each Plan Year, P&A shall determine if an Annual
Minimum Fee in the amount of $xx.xx is due with respect to that Plan Year. This Annual Minimum Fee shall be due only if the
following total is less than $xx.xx: The number of Plan Participants who enrolled in any of the Plan's Flexible Spending Account
options during open enrollment multiplied by $xx.xx (the per Participant monthly fees described below) then multiplied again by
12 months.
If it is determined, with respect to a particular Plan Year, that the Annual Minimum Fee provision above does not apply,
P&A shall begin during the second month of this Agreement to extract the administrative fees due for services in the prior month
from a bank account designated by the Employer for purposes of providing P&A with the funds needed for the administration of
the Plan (the "Employer's Account"). The fees for a given month shall equal $xx.xx for each individual who was eligible for the
reimbursement of expenses under any of the Plan's Flexible Spending Account options as of the first day of that month on
account of a salary reduction agreement in effect on that date or otherwise, including (i) any individual who, on that date, would
have been eligible for reimbursement under any of the Plan's Flexible Spending Account options but for the fact that he or she
previously was reimbursed for the full amount of his or her benefit election for the Plan Year; (ii) any individual whose eligibilityto
make additional salary reduction contributions tc the Plan had terminated prior to that date but who, on that date, remained
eligible to submit post -termination run -out claims under the terms of the Plan; and (iii) any individual who had elected COBRA
coverage prior to that date and whose COBRA coverage remained in effect on that date.
If it is determined to apply with respect to a Plan Year, P&A shall extract the Annual Minimum Fee from the Employer's
Account. Once extracted, this Annual Minimum Fee shall be credited against the Employer's obligation for monthly fees as
determined in accordance with the preceding paragraph. As soon as the year-to-date total of those monthly fees exceeds the
amount of the Annual Minimum Fee, P&A shall begin to extract the excess monthly fees from the Employer's Account.
3. ANNUAL REPORT PREPARATION. $300.00 for each annual return (Form 5500 Series or equivalent) that is prepared
by P&A pursuant to Section 1 of this Agreement.
4. REQUESTED ADDITIONAL SERVICES AND MATERIALS. For such services and materials requested by t,ne
Employer that are in addition to the services and materials described in Section 1 of this Agreement, P&A shall be entitled to
such additional compensation from the requesting party as is mutually agreed upon by the requesting party and P&A.
5. MAILING EXPENSES. The cost of any mailing required under the Agreement the rate for which exceeds the first class
rate charged by the U.S. Post Office.
6. RECOUPMENT OF PENALTIES AND FEES. The amount of any penalty or like fee that is imposed on P&A as a result
of any action or inaction by the Employer or by the employees or other agents of the Employer with respect to the administration
of the Plan, including but not limited to returned check charges or ACH rejection fees. P&A shall be entitled to immediately
recoup any such penalty or fee from the Employer after giving the Employer written notice that P&A has paid such amount.
63
6
Note: Should the Employer elect to change the terms of the Plan or should changes in applicable laws necessitate changes to
the Plan documents, P&A will provide the Employer witi a quote as to the cost of having P&A make the document changes.
64
7
Consent Item ?E
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: June 17, 2021
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: John M. Boyer, PE, Utilities Engineer
Subject: North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order #1 —
Increased Materials Cost
Background:
On January 29, 2021, the Indian River County (IRC) Purchasing Department opened sealed contractor's bids
for the North County Water and Sewer Project Phase 2. The Board of County Commissioners (BCC) awarded
the bid to Centerline, Inc., (Centerline) during the .April 20, 2021, meeting. Prior to the April 20, 2021, BCC
meeting, Centerline showed good faith in IRC and the project by holding their bid price past the
required 60 days. However, material prices, specifically PVC pipe, have now increased to the point
where Centerline has asked for an increase.
Analysis:
Indian River County Department of Utility Services (IRCDUS) staff is aware of the recent rapid increase
in the cost of construction materials. A one-time update of the requested contract unit prices to
market prices is warranted. Staff recommends the contract with Centerline for the North County
Water and Sewer Phase 2 be modified by change order (see attached).
Summary:
Original Contract Price: $3,881,269.00
Change Order #1 (Market Adiustment): $ 159,297.70
Total Contract: $4,040,566.70
Funding:
Much of the project cost will be covered by grart funds from the Florida Department of Environmental
Protection (FDEP), the Indian River Lagoon National Estuary Program (IRLNEP), and the St Johns River
Water Management District (SJRWMD). The remainder will be paid for by Optional Sales Tax funds and
assessment funds. Funds for the water portion of the project are derived from the assessment levied
against the benefiting properties.
65
Page 1 of 2
North County Water & Sewer Phase 2
Change Order #1 Bid #2021019
Proiect Funding:
Agency
Account Number
Amount
FDEP Water Quality Grant
N/A
$3,250,000.00
Indian River Lagoon Cost Share Grant
N/A
$ 204,017.69
SJ R W M D
N/A
$1,280,818.77
IRC Optional Sales Tax
31526836-006510-17513
$ 561,996.00
Sebastian Phase 2 Water & Sewer
473-169000-17513
$ 361,890.00
Water Impact Fee
472034-343650
$ 209,300.00
Miscellaneous Income
471034-343670
$ 33,067.79
Total Project Funding:
$5,901,090.25
Prosect Costs to Date:
Masteller & Moler, Inc. WO 10 w/ Addendum 1: $ 344,430.00
Centerline, Inc. w/ CO #1: $4,040,566.70
Total: $4,384,996.20
Even with the proposed change order, the total available project funding of $5,901,090.25 will be
sufficient.
Recommendation:
Staff recommends the Board of County Commissioners approve Change Order #1 in the amount of
$159,297.70 for the North County Water and Sewer Project Phase 2 and bring the total contract amount
to $4,040,566.70.
Attachments:
1. Change Order #1; Centerline, Inc.
Page 204
F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Perm"ts\IRC - North Sebastian S2S (M&M)\Agenda Items\Phase II\21-0615 CO
01\13CC Agenda Item Centerline.docx
North County Water & Sewer Phase 2
Attachment 1
SECTION 00942 - Change Order Form
No. 1
DATE OF ISSUANCE: June 7, 2021 EFFECTIVE DATE: June 15, 2021
OWNER: Indian River County Department of Utility Services
CONTRACTOR: Centerline, Inc.
Project: North County Water & Sewer Phase 2
OWNER's Project No. UCP
OWNER'S Bid No. 2021019
You are directed to make the following changes in the Contract Documents:
Reason for Change Order: Adjust the unit prices of the listed line items to corrspo
Attachments: Description of Itemized Changes
CHANGE IN CONTRACT
PRICE:
I
Description
Amount
-Description
Original Contract Price
$3,881,269.00
Net increase/(decrease) of
this Change Order:
$ 159,297.70
Contract Price with all
approved Change Orders:
$4,040,566.70
Accepted by:
CONTRACTOR (Signature)
Randy Stringer
Centerline, Inc.
Date:
CHANGE IN CONTRACT TIMES T
I
Description
Time
Original Contract Time:
(days/dates)
Substantial Completion:
*No Change*
Final Completion:
Net increase this Change Order:
(days)
Substantial Completion:
*No Change*
Final Completion:
Contract Time with all approved
Change Orders:
(days or dates)
Substantial Completion:
*No Change*
Final Completion:
Recommended by:
ENGINEER (Signature)
John M. Boyer, RE
Utilities Engineer
Date:
Approved by:
OWNER (Signature)
Vincent Burke, P.E.
Utilities Director
Date:
2021019 CO 01.d i
(10942-1 U
FAU81ities\UTILITY - Engireenng\Projects - Utility Construction Permits\IRC -North Sebastian S2S (M&M)\Agenda Items\Phase IIQ1-0615 CO 01\2021019 CO 01.docx Rev.
05/01
Centerline, Inc.
2180 SW Poma Drive * Palm City, FL. 34990 * Phone (561) 689.3917 * Fax (561) 689.0017
DATE: 6/4/2021
TO: INDIAN RIVER COUNTY
ATTN: JOHN BOYER
RE: NORTH COUNTY W&S PH2
COR#: 01 MATERIAL INCREASE
ITEM
NO. SIZE DESCRIPTION
QTY
U/M
%
UNIT
PRICE
EXTENSION
1
ORGINIAL PVC PRICING===
SEWER PVC PIPE==
6X14 SDR26 HW PVC GJ SWR PIPE
7406
LF
$ 3.60
1.17
$
4.21
$
31,194.07
8X14 SDR26 HW PVC GJ SWR PIPE
14228
LF
S 6.50
1.17
S
7.61
$
108,203.94
4 C900 DR1B PVC GJ GREE PIPE
1740
LF
$ 3.00
1.17
$
3.51
$
6.107.40
2 SDR21 CL200 PVC GJ GREE PIPE
360
LF
$ 0.80
1.17
S
0.94
$
336.96
4 C900 DR18 PVC GJ BLUE PIPE
120
LF
$ 3.00
1.17
$
3.51
$
421.20
6 C900 DR13 PVC GJ BLUE PIPE
14520
LF
S 6.00
1.17
$
7.02
$
101.931.40
8 C900 DR18 PVC GJ BLUE PIPE
2500
LF
S 10.15
1.17
$
11.88
$
29,688.75
SALES TAX @ 6.5%
$
18,062.38
SUBTOTAL:
$
295,945.10
REVISED PVC PRICING===
SEWER PVC PIPE===
6X14 SDR26 HW PVC GJ SWR PIPE
7406
LF
$ 5.51
1.17
$
6.45
S
47,744.26
8X14 SDR26 HW PVC GJ SWR PIPE
14228
LF
$ 9.96
1.17
$
11.65
S
165,801.73
4 C900 DR18 PVC GJ GREE PIPE
1740
LF
$ 4.60
1.17
$
5.38
$
9,364.68
2 SDR21 CL200 PVC GJ GREE PIPE
360
LF
$ 1.00
1.17
$
1.17
S
421.20
WATER PVC PIPE===
4 C900 DR18 PVC GJ BLUE PIPE
120
LF
$ 4.60
1.17
$
5.38
$
645.84
6 C900 DR18 PVC GJ BLUE PIPE
14520
LF
$ 9.24
1.17
$
10.81
$
156,972.82
8 C900 DR18 PVC GJ BLUE PIPE
2500
LF
$ 15.90
1.17
$
18.60
$
46,507.50
SALES TAX @ 6.5%
$
27,784 77
SUBTOTAL:
$
455,242.80
TOTAL
$
159,297.70
Accepted:
Name & Title
Date
C'1:j
CHAMBERS OF
NICOLE P.MENZ
COUNTYJUDGE
June 9, 2021
717
2000 16T'AVENUE
SUITE 263
VERO BEACH, FL 32960
PHONE: (772) 77C-5072
FAX (772)770-5477
ircjudge@circuftl9.org
RE: Award of the 2021/2022 Alcohol and Other Drug Abuse Treatment Fund and
Designation of Indian River County's Problem Solving Courts as a Chosen Program
Recipient
Backaround: Section 893.165, Florida Statutes, allows the Indian River County Board of County
Commissioners to create the Alcohol and Other Drug Abuse Trust Fund and disburse its funds in
the form of assistance grants on an annual basis to alcohol and drug abuse treatment or
education programs. The Indian River County Board of County Commissioners established the
Indian River County Alcohol and Other Drug Abuse Trust Fund in section 305.07 of the Indian
River County Code of Ordinances. Funds are derived from court assessments on drug offenses.
The total amount in the trust fund as of June 7, 2021 is $315,369.00, and the fund accrues
approximately $30,000 annually. From October 1, 2020 through June 7, 2021, the fund received
approximately $31,000.00 in revenue; however, $0.00 has been spent in drug testing and
treatment fees for this fiscal year. Due to the COVID-19 pandemic, drug testing sites and
treatment programs were closed for a significant part of the past funding year.
History of Programs: Indian River County's Drug Court currently has 29 participants and has
graduated 461 since May 2002. The Mental Health Court has 93 participants with 160 graduating
since the program began in January 2015. The Veterans Treatment Court currently has 16
participants and has graduated 50 since September 2013. The court programs have
expeditiously and efficiently moved people from jail into treatment programs without
compromising public safety. They identify and focus upon defendants with substance use
disorders and direct them to appropriate treatment. Drug addiction requires random and frequent
drug testing to serve as a true deterrent, which can be costly to many, although the frequency
decreases once they are involved in treatment and have established a support system. Many
graduates have admitted that drug testing was the biggest deterrent to relapse.
Substance Abuse Testing and Treatment. Many indigent defendants are unable to participate
in the Problem Solving Courts due to the considerable cost of substance abuse testing and
treatment. All of the court programs require that participant's drug test frequently at the Substance
Awareness Center, and participants are randomly drug/alcohol tested at least twice per week.
The cost of drug testing is $35 per week or approximately $1,820.00 per year per participant.
Drug treatment ranges from $50 per week for outpatients to $12,000 for an inpatient treatment
program. Once awarded, Drug Abuse Trust Fund monies would be used to help offset the cost
69
of indigent drug/alcohol screening and substance abuse treatment for the defendants who cannot
otherwise afford to participate and/or pay for their testing and/or treatment. In the event any
defendants have the abilityto payfor testing and/or treatment, they will be required to reimburse
the Drug Abuse Trust Fund. All defendants'testing and treatment would be preapproved by the
presidingjudge and team and submitted for reimbursement monthly or quarterly.
Previous action: In 2004, the Indian River County Board of County Commissioners awarded
$2,000 in funds to be used for drug court participants that could not afford evaluations, substance
abuse treatment or drug testing and were required to repay the monies if they had the ability to do
so. In years 2017 and 2018, the Commission awarded up to $25,000 for substance abuse
treatment and drug testing for participants I*n the Drug, Mental Health and Veterans Treatment
Courts.
Financial Impact: The funds are derived from user based fees and thus will not have an impact
onthe budget. The funds are inthe Alcohol and Other Drug Abuse Trust Fund, and uponapprova I
bytheCommission, will be made available with a budget amendment from Drug Abuse Program
Fund/Cash Forward —October 1, 2021 to Drug Abuse Program Fund/Drug Test Program —acct#
12111069-088692 and Drug Abuse Program Fund/Other Professional Services- acct # 12111069-
033190. The total amount inthe trust fund as of May 31, 2020 is $315,369.00.
Request: It is requested that for fiscal year 2021/2022, the Indian River County Board of County
Commissioners designate the Indian River County's Problem Solving Courts as a program recipient
to receive up to $50,000 from the Alcohol and Other Drug Abuse Trust Fund to be used for
substance abuse treatment and drug testing for Drug Court, Mental Health Court and Veterans
Treatment Court participants who are indigent. We anticipate drug testing fees will significantly
increase for those participants in Veterans Treatment Court as the previous testing site through
the local VA provider, which was free to those participants that qualified for services through the
VA, is no longer available. Additionally, as a result of the pandemic we have seen an increase
in substance use and we are referring clients to treatment programs at a greater rate than in years
past.
70
`OR/
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
Free All Captive Elephants (FACE)
Lisa Snycerski, Administrator
NAME OF INDIVIDUAL OR ORGANIZATION: Dee Gaug, vice President & General Counsel
ADDRESS:
165 14th Ave Vero Beach, FL - Lisa
1071 S. Patrick Drive Suite 372722
Satellite Beach, FI 32937 - FACE
SUBJECT MATTER FOR DISCUSSION:
PHONE: (772) 538-5745
Proposing a ban on using wild animals in traveling circuses for
Indian R"ver County
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Z YES 71 NO
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION?
Enact a ban restricting the use of wild animals in traveling circuses
for Indian River County
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Z NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
Transmitted to Administrator Via:
❑ Interactive Web Form
E -Mail
Hand Delivered
Phone
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
6/22/2021
71
1 o .6. 1 .
Additional Back-up
• 10. B.1.
6/22/2021
PROPOSED BAN
ON THE USE OF ELEPHANTS AND OTHER WILD AND EXOTIC
ANIMALS IN TRAVELING ACTS
SYNOPSIS; prohibits use of elephants and other wild or exotic animals in traveling animal acts.
BE IT ENACTED by the County of Indian River Florida:
Notwithstanding any other law, or any rule or regulation adopted pursuant thereto, to the
contrary, no person shall use an elephant or other wild or exotic animal in a traveling animal
act.
STATEMENT: This ordinance, designated as "Circus Ban" prohibits the use of elephants and
other wild or exotic animals in a traveling animal act.
DEFINITIONS:
The term "traveling animal act" is defined as any performance which requires an animal to
• be transported to or from the location of the performance in a mobile or traveling housing facility
including but not limited to; carnivals, circuses, displays, exhibitions, expositions, fairs,
parades, petting zoos, presentations, public showings, races, rides, trade shows, or similar
undertakings in which animals perform tricks, give rides, or participate as accompaniments for
the entertainment, amusement, or benefit of a live audience.
The term "mobile or traveling housing facility" is defined by as a vehicle—including any
truck, trailer, or railway car—used to transport or house an animal used for performance.
The following are exempt from the provisions:
a) The involvement of animals in animal -related Educational Activities.
b) The involvement of animals in activities or enterprises endorsed or accredited by
The Association of Zoos and Aquariums and the Global Federation of Animal Sanctuaries.
c) The diagnosis or treatment of animals by veterinarians in the course of a veterinarian's
practice of veterinary medicine.
d) The otherwise lawful use of animals {or therapeutic purposes by persons who are
physically or mentally disabled.
The term "wild and exotic animal" is defined as the following orders and families of animals
(excluding, companion animals): (i) nonhuman primates (e.g., chimpanzees) and prosimians
(e.g., lemurs), (ii) felidae (e.g., lions and tigers) and all hybrids (excluding domestic and feral
cats), (iii) canidae (excluding domestic dogs), (iv) ursidae (e.g., bears), (v) crocodylia (e.g.,
• alligators) and certain other reptiles and (vi) Proboscidea (elephants).
Additional Back-up
10.B.1.
6/22/2021
The term "companion animal" is defined by "any dog or cat, and shall also mean any other
domesticated animal traditionally maintained in or near the household of the owner or person
who cares for such other domesticated animal.
PENALTIES: Any person who violates this ordnance shall be subject to the penalties
provided by Chapter 828.12 s. 775.082. (Cruelty to animals - A person who unnecessarily
overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily
mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle,
or otherwise, any animal in a cruel or inhumane manner, commits animal cruelty, a
misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more
than $5, 000, or both.) Each animal displayed, performing, ridden or exhibited in any manner
shall count as a separate violation. Each occurrence shall count as a separate violation.
SEVERABILITY: If any section, subsection, sentence, clause, phrase, or word of this
Ordinance or any application thereo to -any person or circumstance, is held to be invalid or
unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions or applications of the Ordinance.
EFFECTIVE DATE: This act shall take effect immediately.
JUSTIFICATION:
As explained below, the Ordinance is necessary to protect wild animals—many of which are
endangered or threatened species used in circuses because (a) the tricks that such wild animals are
forced to perform often involve physical coercion and abuse, (b) extensive travel and prolonged
confinement of animals in circuses can be detrimental to their physical and psychological health and
welfare, (c) the public safety and the safety of workers may be put at risk by exhibiting wild animals
in circuses, (d) circuses teach children inhumane and distorted lessons about wildlife, and (e) current
law—including the federal Animal Welfare Act (AWA) does not adequately protect circus animals
from abuse and mistreatment.
a. The Tricks that Wild Animals Are Forced to Perform in Circuses Often Involve Physical
Coercion and Abusive Tactics.
The tricks that animals are forced to perform in circuses, such as headstands and jumping through
rings of fire, often involve physical coercion and abusive tactics. In particular, these are not
behaviors animals would perform in nature and, in order to make animals perform them, some
exhibitors use training methods that result in trauma, physical injury and, in extreme circumstances,
death. Moreover, performances in front of an audience and the attendant loud noise and bright lights
cause wild animals stress.
� / . A- 2--
Additional Back-up
10.B.1.
• 6/22/2021
Undercover investigators and employee whistleblowers have reported, photographed and videotaped
abuse of wild animals that would be protected by the Ordinance including lions, tigers, monkeys, and
bears, as well as other animals used in circuses in the United States and abroad. In 2018, an
investigation showed, among other things, that a circus trained bears "primarily using aversive
techniques, meaning that an uncomfortable or painful stimulus is applied in order to force the animal
to move or act how the handler wants it to." In 2017, the Humane Society of the United States
published an investigative report that documented a circus trainer's abuse of tigers; for example, the
investigator observed the trainer whipping a tiger 31 times in two minutes during a training session.
One former circus employee reported that he observed circus employees regularly hitting tigers on
the head, jabbing tigers with sticks in the genitals and under the head, and intentionally shutting cage
doors on their tails. Occasionally, circuses even kill animals that they are unable to control. For
example, in 1992, in Palm Bay, Florida an elephant went rogue at a circus with a mother and her
children on its back. This resulted in the elephant being shot multiple times by a local police officer
and ultimately killed while the public watched in horror.
b. Extensive Travel and Prolonged Confinement Can Be Detrimental to Circus Animals'
Physical and Psychological Health.
Wild animals are particularly harmed by being forced to travel for long periods of time, living in
inadequate housing, and experiencing harsh conditions on the road as they are transported to different
venues. For example, in 2010, an inspection report indicated that a popular circus confined 12 tigers
to cages and gave them no opportunities to exercise aside from their circus performances in Chicago.
• In 2010, a Marin County (California) Humane Society inspection report observed that a circus did
not appear to be adequately exercising its tigers (and implied that it was possible that the only
exercise they received was during their 12 -minute circus acts), that there were periods when tigers
had no access to water, and that the floors of the tigers' transport cages had large splinters and could
be a potential safety hazard. Occasionally, circus animals' traveling conditions may be so extreme
that they result in death. For example, in 2004, a lion died while traveling in a boxcar. One animal
welfare group estimates that many circus animals spend eleven months a year traveling.
•
In addition to requiring long periods of travel, circuses have been cited numerous times by the USDA
and in some cases have been found guilty of failing to provide adequate veterinary care, causing
these animals discomfort, failing to provide appropriate enclosures, and failing to remove excrement
from enclosures to prevent animals from contamination.
Additional Back-up
10.B.1.
6/22/2021
c. The Public Safety and The Safety of Workers Are Put at Risk by Exhibiting Wild and Exotic
Animals in Traveling Circuses.
In addition to protecting animals, the Ordinance would also protect people, because public safety and
the safety of workers are put at risk by exhibiting wild and exotic animals in traveling circuses. In
2017, for instance, a Bengal tiger escaped during transport from Florida to Tennessee; the tiger
attacked a pet dog in a residential neighborhood; and police officers subsequently shot and killed the
tiger. In New York City, a 450 -pound tiger escaped from the New Cole Bros. Circus while being
transferred from one cage to another near the Forest Park bandshell in Queens, injuring drivers who
had encountered the animal. In 2017, a tiger got spooked during a circus in Florida and a fearful
audience "started stampeding." In 2013, a tiger escaped during a performance and an audience
member encountered the tiger in the venue's public restroom. In 2020, a tiger attached a worker at
Big Cat Rescue in Tampa, resulting in a worker almost severing her arm.
Additional Back-up
• 10.0.1.
6/22/2021
d. Current Law Does Not Adequately Protect Circus Animals from Abuse and Mistreatment.
More generally, the Ordinance is necessary because current law does not adequately protect wild
animals from abuse and mistreatment in circuses. For instance, state law bars a person from beating
an animal or denying an animal food or water and offers other protections. But because the actual
training of circus animals usually occurs in jurisdictions outside of Florida, it is not possible for state
and local law enforcement to protect animals from abusive training techniques before they arrive in
State. Further, local law enforcement often lacks the training and expertise necessary to determine
whether a wild animal's welfare is compromised in the circus
At the federal level, APHIS (Animal and Plant Health Inspection Service) -the section of the USDA
charged with enforcing the AWA—is likewise limited in its enforcement efforts. According to a
USDA Inspector General report:
"40 traveling exhibitors we reviewed, Animal Care inspectors could not perform timely re -
inspections to ensure that serious noncompliant items that were identified in previous inspections
had been resolved. For example, one exhibitor continued to show its elephants on the road even
though an animal care inspector had previously cited the exhibitor for the animals being too thin for
travelling exhibition.... Without reinspection, APHIS Animal Care inspectors cannot determine if the
serious safety violations cited have been corrected. Notably, at least one federal court has
characterized the USDA's review of applications for license renewals as "an automatic,
'rubberstamping' type transaction. "
• OPPOSITION
•
In response to similar legislation designed to protect wild animals, some animal exhibitors have
argued, among other things, that circus workers will lose jobs if animals may no longer perform; that
the public will lose an opportunity to view entertainment; and that other businesses will decline due
to the lack of circuses. Banning wild animals from circuses does not mean the end to all circus
entertainment in Florida nor must it lead to the loss of hundreds of jobs. Rather, circuses will have to
focus on acts that do not use wild animals. Cirque du Soleil, for instance, is popular despite the fact
that it does not use animals in its circus shows. Other circuses, like the Bindlestiff Family Cirkus and
the Russian American Kids Circus, likewise do not use animals. The roughly two dozen animal -free
circuses in the United States are a testament to the public's desire to see circuses that do not exploit
wild and exotic animals.
-1/.,A - S
Nosey just prior
to her rescue,
November, 2017
11
DEDICATED TO
GETTING CAPTIVE
ELEPHANTS TO
SANCTUARY
A 41-V
FACE is the ONLY non-profit in the nation dedicated solely to
rescuing elephants held in captivity in North America. Our work
is vital to getting captive elephants to sanctuary.
OUR I is to provide education, intervention, and litigation that will lead to sanctuary for
FEIMISSION ALL elephants inhumanely held in captivity in circuses and zoos in North America."T1°N
p9
K
Where will these elephants go? FACE is dedicated to getting elephants to sanctuaries accredited
by the Global Federation of Animal Sanctuaries. GFAS is the gold standard for sanctuaries.
OUR There are approximately 400 captive elephants in North America. FACE works SOLELY to get
VISION them to sanctuary. In December 2018, FACE, along with Senator Raymond Lesniak, were
AND victorious in getting Nosey's Law passed, making New Jersey the first state in the U.S. to
VICTORIES ban all wild and exotic animals in traveling animal acts. Several other states have followed
suit, others have bills pending. FACE is currently working to get TEAPSPA passed.
This pending federal law would ban all traveling exotic animal acts nationwide. FACE
works with government officials to improve condit'ons for elephants in captivity and
to get them to sanctuary. FACE's advocacy directly led to the seizure of Nosey
and her placement in sanctuary. Our vision is to see that ALL of these elephants
get to live out their lives in a safe and forever home. As more and more
elephants are released and/or seized, FACE is committed to helping
ensure that additional GFAS sanctuaries are built.
�r.9-CZ
Did you know?
• Elephants are sentient and very intelligent. In fact,
elephants are among the few species on the planet that
show cross -species empathy. Elephants will aid another
animal in distress even if it is not to their advantage
biologically. Elephants have feelings!
• As a species, elephants are among the few in the world
that have self -recognition, social awareness and language.
• Elephants live in complex family structures led by a
matriarch. Female elephants stay with their mothers for
life. If their mother dies, another female member of the
herd (a sister or an aunt) will step in and take over the
mother's role.
• Male elephants stay with their mothers until they are
teenagers. However, research shows that they often will
return to the herd from time to time.
• Elephants mourn their dead. They will often stand vigil
for days over a herd member's body. They will return to
the location where a herd member has died years later.
Photo: Gig! Glendinninf
• Performing elephants spend up to 96% of their lives
in chains.
• Performing elephants are often housed alone in cramped,
unsanitary conditions, left to stand in their own waste,
and do not receive adequate veterinary care.
• The circus industry standard
used to train an elephant to
perform tricks is by "breaking"
the elephant. This involves
subjecting them to brutal
training methods including
the use of electric shock
devices and physical beatings
with sledgehammers, sticks
and bullhooks (a device
resembling a fireplace poker).
Google 'circus elephant abuse':
Photo: Stars Beatt
• Wild elephants can live well into their 60s or 70s.
However, most captive elephants die prematurely i�
their late 30s or early 40s.
• In the wild, elephants roam up to 50 miles per day and
forage for food up to 18 hours per day. Walking helps • Arthritis and foot rot are the leading causes of
elephants digest their food. euthanasia in captive elephants.
BROKEN — The Documentary
Inspired by the documentary
Me= Blackfish, which proved to be
a game -changer for Orcas
in captivity, twelve -time
Emmy -winning investigative reporter Mike Deeson in
conjunction with FACE are producing an eye-opening film.
This documentary peels back the layers of government
complacency and complicit acts at both state and federal
levels which continues today with dozens of elephants
languishing in circuses and roadside zoos in the U.S.
Through the personal experiences of former circus workers,
legislatures, scientists, attorneys, undercover investigators,
elephant experts and boots on the ground advocates,
BROKEN chronicles the life of A, �t
Nosey the Elephant. Nosey, I'
the proverbial "poster child" - a
for captive elephants, was
captured from Zimbabwe in��
1984 as a baby and forced into
the circus industry. For three
decades she endured physical
abuse and extreme neglect,
while authorities closed their eyes. The U.S. Department
of Agriculture issued over 200 citations to Nosey's former
owner for violations of the Animal Welfare Act. The Florida
Fish and Wildlife Conservation Commission received over
200,000 complaints by concerned citizens about Nosey's
welfare; 33 members of Congress signed a letter calling for
her freedom. Yet, Nosey remained a prisoner of the Great
American Family Circus until her unprecedented seizure in
rural Alabama in 2017. Nosey was subsequently transferred
to the Elephant Sanctuary in Tennessee where she is thriving.
However, many other elephants remain enslaved in the circus
and roadside zoo industries. It is time for these elephants to
have their "Blackfish moment!"
LEGISLATION — The Key to Change
FACE works continuously with legislators around the
country to improve the conditions and protections for
elephants on both the state and federal levels.
NOSEY'S LAW, the first of its kind
in the nation, prohibits the use of
elephants and other wild or exotic
animals in a traveling animal act.
ASHA — and the Natural Bridge Zoo
This is Asha's Story.....
Asha is a 37 -year-old African 1111101
female elephant who was born
in Zimbabwe. Since 1984 she
has been in the hands of the
Natural Bridge Zoo in Virginia.
This roadside atrocity has 6
committed over 100 violations of the Animal Welfare Act,
yet both state and federal agencies continue to renew the
zoo's exhibitor permit year after year.
Asha spends most of her life in an unheated barn on a
concrete floor or giving back -breaking rides. FACE is
committed to holding the government agencies tasked
with protecting Asha accountable. In addition to lobbying
for legislation that would protect elephants in Virgin:a,
we are working to expose the decades of public
complaints to the federal and state agencies that
have fallen on deaf ears.
FACE is committed to using innovative ways to raise
awareness about the plight of captive elephants in the
U.S. We partnered with In Defense of Animals to erect this
billboard near Richmond, VA, where over 300,000 people
per week could see our message.,Educating the public is
crucial to change. Your support makes this possible.
CIRCUS TRACKING
Circuses with elephants such as Garden Brothers, Carden
International, Shriners and Carson and Barnes all have
brutal touring schedules and cover thousands of miles.
Some elephants are forced to perform three times per
day only to be chained up or placed in transport trailers
between shows and locations. FACE meticulously tracks
and documents these circuses through social media and
other advocates. FACE has successfully gotten many
venues to cancel these events once we educate the state
and local authorities and the media of the public safety
risks and history of animal abuse by these exhibitors.
t . 9— 4
Support TEAPSPA/H.R. 2863 - Contact your
representative TODAY! With the passage of The Traveling
Exotic Animal and Public Safety Protection Act (TEAPSPA),
Congress aims to amend the Animal Welfare Act to restrict
the use of exotic and wild animals in traveling circuses and
other traveling acts across the nation. Legislation is key to
making this change. www.federalcircusbill.org
Find your State Legislator: https.//www. usa.gov/elected-officials
NEVER buy a ticket to a circus or other venue that
uses animals for human entertainment. Make a choice not
to financially support these entities.
NEVER ride an elephant. Yes, elephants are big
and strong but their spines are not made for giving rides.
It is painful for the elephant and dangerous for humans.
Elephants kill people every year. If you see or hear of an
elephant giving rides, please contact us ASAP. Your photos
and eyewitness testimony can help end this cruelty.
Become a grassroots advocate! Your boots on
the ground can help save an elephant. If you learn of a
circus coming to your town, contact us! We will help you
organize a peaceful protest, write letters or make phone
calls to venues who host these events and the local
authorities that permit them to come.
Donate to FACE. As THE organization that gets
elephants to sanctuary, we rely on donations to continue
our work. Please help us help these elephants.
freeallcaptiVeelephants.org/donate
CONTACT US �■ Q■
Free All Captive Elephants, Inc. (FACE)
1071 S. Patrick Dr. Suite 372722 '
Satellite Beach, Florida 32937
info@freeallcaptiveelephants.org
Cover Photo (top): Dusty Grimes
6/22/2021
10.8 • J.
j I%— L�0��
t ICOv�
`� ATIV�►
Circuses, an antiquated tradition...
Sadly, the closing of Ringling Brothers Circus in May 2017
did NOT mark the end of Circuses with wild animal acts in the U.S.
Between 25-30 traveling circuses with caged, wild animals
continue to travel and operate in North America.
Currently, there are over 60 elephants (and hundreds of other animals)
still being used for human "entertainment".
These shows are not only inhumane, they are a public safety risk.
WONoi
RAM'
�a
c
� �� @Animal Defenders International
6/22/2021
WILD Elephant Facts
i
Elephants are very intelligent!
• Live into their 60's or K's
• Show cross species em-athy."
• Self recogni-ion, social awareness and
language.
• Complex family structures led by a
matriarch.
• Male elephants stay w' -h their Mothers
until they a -e teenagers.
• Elephants mourn their dead.
• Roam up tc 50 miles pc r day and forage for
food up to L8 hours per day.
• Walking he ps elephants digest their food.
THE ELEPHANT
ik, Y
SANCTUARY
IM LENNFS -
6/22/2021
--� i.� -q
6/22/2021
Since 1990, in the US
alone, elephants have
killed 17 people and
injured at least 140 others,
including 30 children in 33
different states.
An elephant attack
happened in Palm Bay, FL
which ended in the
elephant being shot while
circus goers looked
on in horror.
A Danger to the Public...
Public records show tha _ nrany circuses .iave a history of
tuberculosis (TB) in their elephants wh'O is transferrable
to humans and that manor circuses haw used TB -positive
elephants im public performances.
Since 1990, there have
been more than 123
documented attacks on
humans by captive large
cats in the United States,
13 of which resulted in
fatal injuries.
In December, 2020 there
was a tiger attack in
Tampa, FL where a
volunteer nearly lost
herarm.
X1.0-5 5
6/22/2021
Who's in charge here?
• AWA - Animal Welfare Act of 1966
OUTDATED
The only Federal law in the United States that regulates the treatment of animals in
research, exhibition, transport, and by dealers.
• USDA - United States Department of Agriculture
LACK OF ENFORCEMENT OF AWA
The agency with the authority to enforce the law
• FWC - Florida Fish & Wildlife Conservation Commission
UNTRAINED IN ANIMAL HUSBANDRY
The agency with exclusive authority under the Florida Constitution to
protect and manage our state's wild animals.
Florida Administrative Code
FAC is the official compilation of administrative rules
for the state of Florida.
• Public contact or handling intervals for Class I wildlife shall be limited as to
frequency, intensity, and duration so that such handling will not adversely
affect the health, welfare, or safety of the animals, nor expose the public to
injury, per 68A -6.016(1)(c), FAC.
• No person shall maintain captive wildlife in any unsafe or unsanitary
condition, or in a manner which results in threats to the public safety, or
the maltreatment or neglect of such wildlife, per 68A6.009(1), FAC.
What can be done?
Real change will come only from public awareness & legislation.
• Boycott circuses & zoos
• Bring awareness on Social Media
• Join peaceful protests in your area
• Contact local officials & venues
• Reach out to State & Federal representatives
asking them to support TEASPA
6/22/2021
6/22/2021
Garden Bros Circus
Named "The Worst Circus"
fo- having o-wer 100 citations from
-he USDA
Betwer Eusiness Bureau
rasing of 13/5 with numerous
customer complaints
Garden Bros. _ircus — animals in IRC:
2018 - Horses dogs, camels, ponies
+ lions & tigers
2019 & 2020 - Horses, dogs, camels,
ponies
8
6/22/2021
Circus Bans & Restrictions Around the World
108 partial or full bans in 34 states across North America
• Statewide bans in New Jersey, Hawaii, California & Colorado.
• Nationwide bans throughout Europe, Asia & Latin America.
EUROPE
•Austria: Nationwide ban on the use of wild animals in circuses
• Belgium: Nationwide ban on the use of most wild animals in circuses
(Parrots and camels are classed as domestic)
•Bosnia and Herzegovina: Nationwide ban on all animals in circuses
•Bulgaria: Nationwide ban on certain wild animal species in circuses, variety shows and other entertainment facilities
•Croatia: Nationwide ban on the use of wild animals in circuses
•Czech Republic: Nationwide ban on the use of certain species in circuses
-Cyprus: Nationwide ban on all animals in circuses
-Den mark: Nationwide ban on the use of certain species in circuses
•Estonia: Nationwide ban on the use of wild -born animals in circuses
:Finland: Nationwide ban on the use of certain species in circuses
France: Local bans in more than 30 cities
-Greece: Nationwide ban on all animals in circuses
•Hungary: Nationwide ban on the use of wild caught animals in circuses, the purchase and training of elephants and
primates for circus performances and the purchase, training and use of CITES (Appendix 1) listed species in circuses
•Ireland: Nationwide ban on the use of wild animals in circuses
• Latvia: Nationwide restrictions effectively banning use of wild -caught animals
• Malta: Nationwide ban on the use of all animals for performances, exhibitions, shows a training for the circus
-The Netherlands: Nationwide ban on the use and transport of animals in circuses, with exemptions for certain,
mostly domestic, species
-Norway: Use of wild species effectively banned nationwide- positive list of permitted animals only includes
domestic animals (apart from camels)
-Poland: Nationwide ban on the use of wild -born animals in circuses
•Portugal: Nationwide ban restricting the use of great apes in circuses and the acquisition and breeding of CITES
listed species
•Slovenia: Nationwide ban on the use of wild animals in circuses
•Spain: Local bans on the use of wild animals in circuses in many towns and cities including Barc=Iona
.
Sweden: Nationwide ban on the use of certain species in circuses
-UK: Nationwide ban on the use of wild animals in circuses
OCEANIA
-Australia: Local bans on the use of animals in circuses in
several towns including Hobsons Bay, Surf Coast Shire,
Parramata and Lismore
LATIN AMERICA
-Argentina: Local bans on the use of wild animals in circuses in over 20
cities including a ban in the city of Buenos Aires
-Bolivia: Nationwide ban on the use of wild and domestic animals in
circuses
-Brazil: Local bans on the use of wild and domestic animals in circuses in
the districts of Rio de Janeiro, Sao Paulo, Pernambuco, Paraiba, Rio
Grande do Sul, Espiritu Santo, Mato Grosso do Sul, Alagoas and a number
of bans in cities within another four Brazilian states
.Chile: Local bans on the use of wild and domestic animals in circuses in
the city of Santiago
-Colombia: Nationwide ban on the use of wild animals in circuses; local
ban on the use of animals in circuses in the capital, Bogota
.Costa Rica: Nationwide ban on the use of wild animals in circuses
-Ecuador; Nationwide ban on the use of native wild animals; restrictions
on the use of exotic animals; ban on the import of both native and exotic
wild animals with circuses
-El Salvador: Nationwide ban on the "Income, use or abuse of wildlife
species in all kinds of entertainment'
•Mexico: Nationwide ban on the use of wild animals in circuses
• Panama: Nationwide ban prohibiting "entry of wild animals for use in
static and travelling circuses and similar shows"
•Parguay: Nationwide ban on the use of wild animals in circuses
Pea.: Nationwide ban on the use of wild animals in circuses as well as a
local ban on all animals in Magdalena del Mar
ASIA
-India: Nationwide ban on the use of certain species in circuses
•Iran: Use of wild animals in circuses effectively banned
nationwide (no permits issued)
•Israel: Nationwide ban on the use of wild animals in circuses
•Singapore: Nationwide ban on the use of wild animals in
circuses
-Taiwan: Nationwide prohibition on the import or export of
protected wildlife for circuses
Most recent bans in the US...
F Baas on the display & ownerNp of
exotic & wild animals
Ban on the use of elephants, big cats, bears,
and other animals in circuses
and other traveling shows in the state
Effective July 1, 2021
Ban or. ;:ub.ic contact with big cats, elephants,
primates, wolves, bears, and hyenas.
6/22/2021
-71.6 --10 10
6/22/2021
Bans in Florida
Hollywood & Weston
Ban on live animal displays
Hallandale Beach, Margate, Miami Beach, Pembroke Pines, Pompano Beach & Sebring
Ban on the use of bullhooks, whips, electric prods and other cruel devices common in circuses.
Destin, Mary Esther, Panama City, Okaloosa County & Tallahassee
"No person shall conduct, sponsor or participate in a performing animal exhibition, display, circus or
rodeo in which animals are induced or encouraged to perform through the use of chemical, mechanical,
electrical or manual devices in a manner which will cause, or is likely to cause, physical injury
or suffering. All equipment on performing animals shall fit properly and be in good working condition."
Citrus County
"No animal shall be made to perform by means of prod, stick, electrical shock, chemical or physical
force, deprivation of food and/or water, or by causing pain or discomfort. Any whip or riding crop must
be used so as not tc cause injury to the animal."
-11.0-II
11
Knowledge is Power
6/22/2021
��_ 12
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this form and
submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items
should be limited to matters on which the commission may take action
Indian River County Code Section 102.11(3): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: John & Susan Cannon
ADDRESS: 430 10th St SW, Vero Beach FL 32962 PHONE: 772-559-5707
Water Liens @ 1295 & 1355 5th Ave SW
SUBJECT MATTER FOR DISCUSSION:
IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Z NO
WHAT RESOLUTION ARE YOU try to resolve this matter amicably as possible
REQUESTING OF THE COMMISSION?
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES Z NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS
REQUEST?
For IRC Staff only:
Transmitted to Administrator Via:
❑ Interactive Web Form
E -Mail
Hand Delivered
Phone
N/A
COUNTY ADMINISTRATOR:
MEETING DATE:
Jason E. Brown
06/22/2021
72
-�-� Q Io. .
p> t I Add ifIcil .( acW.
Indian River County,Florida Property Appraiser
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•
-* - As-Built (Fourth Reso.) 2/20/91(ENG)RES4.MAT\gfk
• RESOLUTION NO. 91- 39 •
i A RESOLUTION OF INDIAN RIVER COUNTY CERTIFYING
"AS-BUILT" COSTS FOR CERTAIN PAVING AND DRAINAGE
IMPROVEMENTS TO DIXIE HEIGHTS SUBDIVISION,
DESIGNATED AS PROJECT NO. 8616, AND OTHER -- -
CONSTRUCTION NECESSITATED BY SUCH PROJECT;
PROVIDING FOR FORMAL COMPLETION DATE, AND DATE FOR - . -• .
PAYMENT WITHOUT PENALTY AND INTEREST.
WHEREAS, the Board of County Commissioners of Indian
River County determined that -the improvements for the property
located with boundaries .as described in this title, designated as
Project No:8616, were necessary to promote the public welfare of
the county; and
WHEREAS, on July 14. 1987, the Board held a public
hearing at which time and place and the owners of the,property to
be assessed appeared before the Board to be --heard as ' to the
- propriety and advisability of making such improvements; and
WHEREAS, after such public hearing was held the County
Commission adopted Resolution No. 87-66, which confirmed the
special assessment cost of the project to the property specially
benefited by the project in the amounts listed in an attachment •
to that resolution; and
WHEREAS, the Director of Public Works has certified the
actual "as-built" cost now that the project has been completed
is $1.105.41 per parcel, which is less than $1.108.11 per parcel
in the confirming Resolution No. 87-66,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, OF INDIAN RIVER COUNTY, FLORIDA, that:
1. Resolution No. 87-66 is modified as follows: The
completion date for Project No. 8616 is declared to be
April 9. 1991, and the last day that payment may be made avoiding
interest and penalty charges is ninety (90) .days after passage of
this resolution.
2. Payments bearing interest at the'rate of 12% per
annum may be made in five equal installments, the first to be
made twelve (12) months from the due date and the subsequent
payments to be due yearly from the due date. The due date is
ninety (90) days-after the passage of this resolutialt OF fLORlb7'�
INDIAN!{IVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
• - • A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
1 OFFICE
JEr"FREY I BARTO.i,CLERK
•BY *4"�•L iL cD.c
•
DATE_ f-�--f/
•
No. 91- 39
3. The final assessment roll for the. project listed in
Resolution No. 87-66 shall be shown on the attached Exhibit "A".
4. The assessments as shown on the attached Exhibit "A"
shall stand confirmed and remain legal, valid, and binding-first
liens against-the property against which such assessments are
made until paid.
5. The assessments shown on attached Exhibit "A" will be
recorded by the County on the public records of Indian River
County, and the lien shall constitute prima facie.:evidence of its
validity. - .
This resolution was moved for adoption'by Commissioner
Eggert • ,- and the motion was seconded by
Commissioner -Bowman and, upon being put
to a vote, the vote was as follows:
Chairman Richard N. Bird Aye
Vice-Chairman Gary C. Wheeler Aye
Commissioner Don C. Scurlock, Jr. Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Margaret C. Bowman Aye ;
The Chairman .thereupon declared the resolution duly
passed and adopted this 26 day of March
19 91
BOARD OF COUNTY COMMISSIONERS
OF IND RIVER COUNTY, FLORIDA
By ,� 4 5 2
RICHARD N. BIRD,
'!4Chairman
Attest: " ^-«-
JEFFREY K. BARTClie,a2xiedze
Clerk eV ra `��
• IQ's ® 9
Le ' A
wal
Attachment: Exhibit "A" ease
• Eng
dixie4.res cevl ES1'1
RtsH MT. 11111.111111.1
2
•
ad.yf .t d S '' y G • ' - -'•-*-^,'"* a:w.%......+.vu-.,:,..rxs.3;i.r..-ea...X4:2 v♦ .M, .y.s.. :•. ..�-n.._ e+:uwwA..Y9'*C�'•`m;°. .'.•—..'a•„„r_.,.•..,..j- .�..
r 2 , rte, t
vr.R
,' CO
r, u t. .^ i'tk,I SSMENT ROLL FOR PAVING AND DRAINAGE IMPROVEMENTS
011411A-` '''',.;',.,1=1,44Q1'
'5 4
r IOPTS SUBDIVISION I`
���
41 A ' x- +
`ti1 ; 4, 4
TOTAL PARCELS...690
`:4#4-F '�`'.• 6 ' COST TO PROPERTY OWNERS.$762,732.90
Y r t , , r COST PER PARCEL....$1,105.41
;-.0.f�r(a•� ,`h`
•
7
'< `� `` s ��}t ADDRESS LEGAL DESCRIPTION NO. OF PARCELS COST/PARCEL TOTAL COST
" ` L sV( �"5& 13.00 $1,105.41 $14,370.32.
'�iw,,., i`t ;;1(11111,Jr. West 1/2 of southeast 1/4
K
Y. '*' , -
yc„:,:-Ac..�#i FT thereof;being situate in
�� Indian River County,Florida
tax x •:i:04:.` and the west 3/4 of west 1/2
i'r ti•ny r?.�> *i'
'' , '4 • of northeast 1/4 of southeast •
P„ � , - 4 A0# ;•, 1/4,less Lateral J Canal ••
+ VY'.- . �3 ' ! ' as recorded in Official
rt • a ' Records Book 598,Page 609 of
,4 ty r;+.ir. h CLF}rr
't,v.5m t. �' '• the Public Records of Indian
•,iz` �`a1 y��, River County,Florida O -. 1 3
wje 1r ; ,l tee v't s--,F.”f Gi�JOD-/00
?r {t,". r Patricia A. 2.00 . $1,105.41 $2,210.82 •
' �^��` �'" � South 245 FT of east 145 FT '
y� ,., ,,i�j��p,,. of west 1/2 of southeast 1/4
-. 0 •. 62 of northeast 1/4 '
,1N NIL,";, <, i"e ah,FL 3296F-0562 X539.39 ODDOo-/DOa-OVDa3-d
Fye R`i�.. t a•cn, ,V
1,� ,,,, '}� ' 14.00 • $1,105.41 $15,475.73 •
toYYi;'h1��o`evelopment Corp. , Vero Beach Highlands Tract A,
'rx"`,` 'S11t;o'lh Bayshore Drive Unit 1
to,,,4-'0..,:..'r �'i�i�1FL 33131 ,3633.39'0040/-O//D -D 2003 )
y
413.1.'-f�3L ip5S{,
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i
INDIAN RIVER COUNTY,FLORIDA
MEMORANDUM
DATE: February 6, 1998
TO: Terrence P. O'Brien, Assistant County Attorney
FROM: Michelle A. Gentile,CET *illy
Civil Engineer
SUBJECT: Mr. Sabonjohn's Paving Assessment in Dixie Heights S/D
IR.0 Project No. 8616
The assessment in the Dixie Heights Subdivision was based on a per lot assessment. Mr. Sabonjohn's
property is located west of the Dixie Heights Subdivision and is zoned RS-6. At the time we
determined the benefitted area, we believed his property would receive a direct benefit, since the
residents living in the existing single family residence located on a portion of the property to be
assessed would have to use the newly paved roads in Dixie Heights Subdivision to get to Old Dixie
Highway. Mr. Sabonjohn has approximately 805 feet of frontage along 5'h Avenue SW(Fairview
Road).
5t'Avenue SW is only a 35 foot right-of-way with several intersecting paved roads. Since there was
only 35 feet of right-of-way and the land to the west was unplatted we opted not to pave 51h Avenue
SW at that time.
Since we did not assess this project based on front footage,we approximated about how many lots
Mr. Sabonjohn could have, if these lots would front 5'h Avenue SW. We based this on the average
front footage of the lots in the Dixie Heights Subdivision. The lot frontage varies in the Dixie Heights
Subdivision from 50 feet to 125 feet. The majority of the lots are 50 feet wide and corner lots may
be somewhat wider. With 805 feet of frontage we estimated Mr. Sabonjohn would have about 13
lots which would equate to about 62 feet wide. If we were to assess by the zoning of RS-6.he would
have been assessed for six units per acre. With 8.81 acres his assessment would have been for fifty
two lots.
We feel that this is a fair assessment and any questions should have been directed to the Board at the
public hearing.
J
MAG/ktp 3 + ; cJ
• James W. Davis,P.E.,Public Works Director , I 14
. ik
Roger D. Cain,P.E., County Engineer
C:\Cors1\Otiice71Patition Paving18616 Memo-0201-mogwpd
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•
PIAT BOOK Y S
PAGE ss A
UNIT pacer No.1Oc,SAK TE ' F': ACE _ 5c• cis
rk
BEING A SUBDIVISION LYING IN THE N.E. 1/4 OF SECTION 25,
TOWNSHIP 33S, RANGE 39E, INDIAN RIVER COUNTY, FLORIDA Y.
f. y7'„;+,
,,?., ,.�
CERflFKATE OF RECORDING =:1,,,;
sf.,:°Jf
• STATE OFNDRDA �+'�...,=+:••`•,�,{/..l
COUNTY OP NOM RIM '�.'�' '0
LEGAL DESCRIPTION CERTIFICATE OF DEDICAi1ON ACKNOWLEDGMENT U CLW G WE CO=COURT OF INDIAN RIVER MY:Fl ORIDA CO
HEREBY CODA'THAT!HAVE RAMNEO THI5 PUT OP OMTERPACE UN4i 11
STATE A SUEDNLION MO Mt R COMB WITH All WE REONREI NTS OP
A TON29K7NBFJNIP335.RAW/139OLYIANRIVEECORBIY,RORDA COUNTY
STATEOFFNWDA CHARIER MOP DIE LAW OFVEDA 1115PtATFIEDFOE RECORD WSW
SOON 19,TOWHSHP335.RAW/139E MAN RIVER CDUNTY,HDWOA COUNTY OF KM PM COUNTY OPINUNN RIVER DAY OF RPR IL -1995 MD 000060W ON PAGE OF PWT
BBL)MB 714E50D000RTYDFSCtRBEDMFO%SU ,Jy BOOK 16 R4THEOWEOFTILEcumOFTHEORBITc mOFMAN
BEGINAITNE50UDIW'ASTCOWAEROF04KRIDGE5IROMSIONUMN0.2 KNOWN ALL FENT BY THESE FWESEHT5,11tA1 PETER SWUM,JR,AS THE FORE{ipN61N51IWMFNTWASAtXNON1IDGE0BEFORE METIitS�_ RCOUNTY.FNWDA.
AS=BED WPLAT BWK12,PAGE 62OFTHE NBC RECORDS OF TRUSTEE.FEEODm1E01VNNOFTNEIAN0D6SCWBEDAND PLATTED MEN, DAY OF Ap1I 1990 BY'PETER5AE0NJOHN,JR.AS
WAN RNER COUNTY,ROMA THDNCE RUN SCADNF/ST ALONG TIE AS OAK T13GN[E INT 1111,A REVISION.BEING NN(MAN MR COUNTY,' TP6JSTEE,WTD 15 PERSONALLY KNOWN TO ME AND HAS PRODULD Ad//�Add �&,u.t l&RA 0•
0io41
EAST 0GHT#•WAYUNEOFLATERAL')CANAL ONABEARIN;iOP5fE 0000A.HAS 0601500 EA39 LANDS TO BE 56060660 MO PATI00 45 002060 54 D49EASDETIT6IC&, 66440 0!TAUEAN PATH. DEpM JgpREYKBARTON
4030'EFOR A06ANCEOF99E61FEET THFN;ENT31646EFOR A SICAVNMONANDOOE5HEREBYDEDIWEASF00064W ClEa
DISTANCE OF 139.60 FEET WENCE N T6'6030'W FOR A DISTANE OF s nrt N ,04.11,144 NOy CLEAR OFIHEORCUTCOURT OF
6F , ROAN RIVER COUNTY,ROLM
1G000 FEET THENCE N 73'1506 E FOR A DISTANCE OF fDDO FET 1.51AEET5AlDAb^HTSOFWAY: NOPAY STATE FIDWDA /!.,�
THENCE N 16'MSC W FOR A DISTANCE OP 3304 FEET THENCE NOV ALL SWEETS MD WETS 04 WAYS SHOWN ON TM5 FIAT AAE HELY MYCDMM5510N MPHR .E/>
0451 E FOR A DUMB OF 4653 FEET THENCE N 00'6424 W FORA MORD 91 BERM TO CON WVFJt COUNTY,ROMA FOR THE USE Cemmted/ou M ee
MANCE OF 76000 FEET lea 89'04'$W FOR A DISTANCE OF AND BENEFIT OFME PAW FORPROPER . Nano/N U.Me6eoE �w.� CERTIFICATE OF SURVEYOR
7500 FEET THENCE N 00'4428 W FOR A DEM OF 150.00 FEET 2.LIMED ACCESS EASEMENTS: ,
THENCE S 49'045'W FOR A DISTANCE OF 30.16 FEET HENCE N C0' MIMED ACCESS EASEMENTS AS SOWN ON 11415 RAT ARE DEMME° SIM OR fldnDA
4624'WFOR AOVA=OF210DOPET TREACE509'043SWFOR A IA PEEPEI001Y TO 11408049509 COUNTY IASsONEO5OF 20490 OVER CgVOFINMANWERT
CSTANCE OF 5300 FRET THENCE N 00$626•W FOR A CNETA4CE OF COUNTY FOR DISPOSES Of MNORO.AND A1R5DCTCN OVER ACCESS
15000 FEET TO A PONT ON THE SOUTH UNE OF MOW WOO MTS.
OAUdDGE 51E1DMDGN,UNT 64.2 MEF S 49.6451 W AIL 5 THE 3.UDUTY FM81D1T DDWALLSYI7 In 51/RADT LINE IRS,FY TWO
IR4J6ED RD A In SURVEYOR 00 NOSY OE L iNAT
tAMN UNE 04 54p QeYR10GE 5L9OVUfiN N0.2 ApSTA�0430,22 114E UIDOY EASEMENTS M MN ON 1105 RM ARE SWATS N / /J/Dg: I,COMETS 11 SURVEY CP THE IRDS
FEET TOSS PONT OF BERM ABOVE SAD PA7L9.5063 W MN PERPE1UR1 TO EDNN WOES COUNTY FOR 114E CONST000110N, AS SHOWN W WE P04590NG FIAT,THAT SAID RAT IS A CORRECT
MR COUNTY,NOW AAtCONA'BO603ACRESMOREdttOSS. INSTALLATION,MAINTENANCE AND OFERATION OP NUDES 5Y ANY UTILITY 0606N A0ON OP THE LANDS 14108N DEEMED M8)RATE®OR
PROVIDER,MUD*CABLE 1ELBSION 5ER4ACE5,IN C069140NCE WIN CERTIFICATION OF APPROVAL OF EU'AS'OECtTHAT RBEWLBrt WOW MONUMENTS AND sewer
5404 wows AND REGULATIONS A5 MAY BE MONIED FROM TIME TO BOARD OF COUNTY COMMISSIONERS CONTRA,FONTS HAYS MEN UMW SHOWN MEIN AS RFA21®
TIME BY TIE EOM OF COUNTY COMN556NEA5 OF ROM RIVER CCR01', 50INDIDI T77,FLORIDA STATUS AS MELDED,AND 1145 WANDS
FLORIDA CONN SECIVISIDN MD RATTING CREWE AVOW BMD LA10IS
4.PEDESTRANFME1ET51 TMSISTOaRDFY,THAT OWE 41 DAYOF '44/4614-• 1997. &TWA900*W 0504 .00054.
THE PEDESTRIAN EASEMENTS AS SHOWN ON 1145 RAT ARE DEMAND W BE FOREGOING MAT WAS APPROVED BY THE BOARD OF COIRHTY 1
Th�PU�TO OUDIANPE FIVER FUMES.CONY,
�FOR WEUSEAADBENSITOF �55ONERSOFNDIANINVEtCOUNY.RONDAAND 11WTMSTREET A Aid'ii
06619 OF WAY,40100 ACCESS EASEMENTS,PWESTRAN EASEMENTS. /5� DATE j'���^�:n
TITLE CERTIFICATION s.MAME MENNE6STOR1WA/ERMANAGD4iNT1V/CT: UTILITY EASEMENTS, DRNNWE EASEMENTS MD THE STORMVATER BILLY M.M00171,•R. SURVE1OIi45EW'"�
THE DRAINAGE EASEMENTS AND BOWATER MAMMON TRACT AS RE,ENDDNiRACTWAS SHOW'NF ON HAVE BFENM,CEDI®IN*OLE AND rA
I HEW OBEY THAT AS OF TIES ie" DAY OF Aga 1995, SHOWN ON MS FIAT ARE DEWiED IN PEAPEtUAY TO 1)00064 OVER PEGISIABN NO.5336
THE LANDS AS DESCRIBED MD SHOWN OWNS PIAT ARE 2111111012 OF, COUNTY,FLOWN FOR THE CGNSTRUCTIEN AND MNHTDUNCE OF DIANE
AND APPARENT PECORD 1111E IS IED BY THE PEL50N5 MINS THE FA[AJDEE MD FOR 114E USE AND BERT OF THE MOD FOR PROPER il•' '''s.,:.'.
<�1G710N,TINT ALL TAO NAPE BEEN FAD ON 9481 FROPERTY AS - •
FURP05F5.FROM YARD DRA9UGE EASEMENTS ENTS ARE 5ULECTIO000RGITT NJLAIUNN OFT AOAm .T-• Atz, .
Raw BY CHAPTER 197.192,ROMA STATUTES A5 MENDED,MD THAT OF EACH LDT TO NASA DRIVEWAY FOR WRE5 T:MESASAPWOVED BY :!"-.TOT,
FLOMORf UDNSOROTHERV LPWRA4CF5MBM1W'15TOG AYD RIM DER COUNTY,FLOWDA • •
//,�9, r J•'
APFROVE7ASToFORNA4Dma.9UFfiaBiLY -)42.3;:',,5
BY r .A.w.,...,..,..........�....Nn.w.
.4. -, INDANRNER,INC. IN WITNESS WHEREOF,I PETER SIAOFU 9!,JR,AS TRUSTEE DO HEREIHTO - &)044( Mt 040;4 .:AMU*IA..I t400,01,••.oast.11.101
/•1•' 1 JR, RGSIDEM SET FR'FWDUM5 I. DAY OP April 1990 . COUNTY ATTORNEY RININYI: *'. T.WW
PaNe.ft .M /S
MJ, ,AJft,RIA.
FEB JIT.' S CERTIFICATE OF APPROVAL TTES EISTIERiENTWAS ROARED BY: LILY KNOW,AL
NIMES& ,C BY COUNTY ADMINISTRATOR DATE 5-to 44
• ,+ mite AM)APFROVED g..-Ar--214 DATE .,1994 SHEET 10E-.
`" 1 °y"1C AM' "iiII°" / BILL MOODY$ASSOCIATES,INZ.
PR ESOHALOIIRVEYOREADMADPIES
ULENSED BUSINES11071
• 298-OLD DIXIE HIGHWAY PHONE:(561)-569.1241
_VERO I.FL 32961 FAX: (561).569.9603
a•
PIAT BOOK 15ci
PAGE 3 6 A 1
:0 A K ,?F ': RACE
UNIT 1 DOCKET No. 1441-2322.05
ci
BEING A SUBDIVISION LYING IN THE N.E. ' 1/4 OF SECTION 25,
TOWNSHIP 33S, RANGE 39E, INDIAN RIVER COUNTY, FLORIDA
1frinfinff,
ORVW0EFA5@7JIf
OODMYI moo COURT B.W. 3O ?0 1kiDURRY t DaiwGE 4_ ,
0w1mtaANA6EFA5EtIfNr
60• OAKRJDGE SUENSION UNIT NO.12 L.2 rW211 I I�1.. RArlomcn,PAGE9s LEGEND
AATBObA11.7AGEd1 1RM':RKNraWAY
NOANIPEoPNE V4aTNE1&V4a'C.4 x s,z - P.CP x1.?0'r �2 17tom ` 5E4.SECTION
FAtt ,°N°i"_ e, u9 Ix13'_ fV4,V45%1CNLNEi 1�tECOWD1a1NESWTNaTNENEV4 iN7.TDiTYN�
POINT OF BEGINNI G._/ 1 F ` s J aA MIR WE °PAH.PERWeTIVETEcEIVIVINr
AGE
SWCOPNIt*2 GE ,n $d \ A t,OT11 gRCP..PEtwert own cosi
Si
IRFW.GD.PDlWISYEAFARt4WMER
UN1rts �� , ,,,a` .�s; \ BLOCK B. CpRRO.ERlRCT GRAPHIC SCALE
NI
BENU4lAp(ELEVATI.•.18.11 11 2 $t L1P1®•• LIFASE>1
trmrf
TOP
WANT.,' 11th.STREET 5. T.60FOX
TSUR7fYt''' EASEINM- DA➢. N e Iee.e }, - ' GENERAL NOTES:
1 " 1 3 !DRATTED g
: \S \ k ' g I.BPAIDNGSABEESEDON THE A55UFFD Baas OF N E9.01 55'E. •
C S IMIOTI,ACCESS AIONGTNEtars UNE OFIRE 5wv4OF112NEVIOFSECBON3.33-39.
7 $$ 11 N 1 y 14 1.NOCONSTAUCDON,TREES CS NM WALL BE PLACED IN FANNIE
J. 0 MACK C,_': WmNourGLUNrc .
APPROv
1I� 3.11 EAE MAY BEAotm0NL RE5IECBONs INAT ABS NOI PEco,o ON
• '4 4 9 S3 $ �I$ 1169 FIAT MAT HAY BE OND NINE PISUORECORDS CF TNS COUNTY.
g1 0i, 1 %ONION.DAMGEFA5E1871 g 4.PROPEWYLOWEDOlFIOODZOES AIX
y ` f3 u P3UL o' FM KAP 1 1206100163 E.DATED:5.449
•t . na. \ v' 1 5.C.0100tt5,OSSTI CTIONSONBESEAVATIQISAEFfL11NGTNEO iP
a6 $.5 'S 9-525435L.
STEM, •;.. UNRATTED " W (1� p.23ioAT APS RED IN ' LOCATION `1
5W 1/4 OF THE NE 1/4 B K A 1• g 41 SE 1/4 OF THE NE 1/4 6.IN 155 FUTURE.%NEN A WASTEWATER CaR�ON SYSTEM MORS N ,; a
OF SEC.25 �„ S BLACK C,Li g OF SEC.25 AMIABLE TO Main 9AJBm95DN,SERVICE IMPRQVE11E11TB AND ► .91
CONNEI TIONS SRL BE(RADE BY lYE LOTIP'IPE1DY OW05 MD i►1
1 = SHALL12PND500K1NEIDTAROPERIYOWNERS. ,e�4,.1�=
,k ITITED •-= T,FLOOD W4uRDwARNWG:TNSPROPERiFIMYBE511BAti,OFlDODP7G ,01.1 Vf. • [ r.
DAM. rLC', ``l ...�_.
\ , � qJRtYaAt00YFAREASE RDODEVENLYOU'SHdAD COM LOCAL a... sumo AND OBTNNTNEL4E51 INFO/MON
ll 7! T T,1:11;.0'1:41191A
t w. :; 11th. PLACE S.W. 1i -` �
,�• 4 T Iee1 REGARDING ROW EIEVAtIIN6AN0 RETRACTIONS ON OEVEtOPM871 „ ip - p
•1.$SP.4P. ---1%. R h 1 BEFOR M6:616FUNS PoRTNE05EOF1N5DRDPERIY. ,.�•
ri s \ 111 \ �rw" &.PRA.4'zS zIB'CONGRETEMOtNtEN15161450 PRM 3.51 5336. 151=={=(`. ri
4 ' '
, - 13336. _ lLOT CURVE TAELE rIk
1, B D all I Nuw °y "lit, '
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1 t J 1I==:_I= 1111' +�
6 `8 4 i o' l2* p:ot, aeT' S S}pe3T�l W lo!}' I
14�0.. 31.01 59.87 4 3,11' W 1 f0W4 40
•
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t5' 6 Less 1 •
BENCHMARK. •
w \' $��e.y PAM g BEYAtbNGBA0EDON1NTIONALGEODETIC vERMALDATIATOf1929. .. .t!
UNE 1ABLE T�Of�NCP111MUSTATTNEMVCOW4:ROPRAT%QOMPAM {fi.r r',•.
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'TRACT'A \` y LINE I DAMON 1 0I$tmCE r iC+xl1
\ 03 til N 040 ."W 3000 1fUSINSTRUMBITWASPREPAREDBY:BlltY4li b0.
OWNER ! sTO\USTATER `3 C N o4Sti w b.o� DATE f.ie.r. t.Y q .,
FEBSAB0N10HNJR.ASIR:MTEE T4ANA0P•NRNT - sen. w 51.1 T' :'
T'MCT -I �.� (4,? x 16.4Y ' w 32.08 ;SHEL720F2
175451H000RI,S.E • OA. y \ la N i31eD0.731 De•E 30.00;
VFFOBFPLN FL 3M2 3205
RD L7 a e9•44'24'W 30.00' 81LL MOODY E ASSOCIATES,INC.
Le N 50W$4'W 30.00'
•
ZONING Mita: 0.56 \ eno�gE DJUL L1 SE COi?ERanESWfpaRENEV4a L9 5e9w'S5'w 50.15' .,, ,, .V".,°" ITOME9DWALSURVEY�5
MD MORA
uo s 5994'55"w s.fr uw.w,ra an..ti se �� U ENSDBUSME5I6EO1
Ij0... /I SEC.IS.TWR 335.RGE39E Lf1 3 5994'53'W 5300' triT n •'
COMPREHENSIVE LAND USE DESIGNATION: 1.1 \ 1TED ��/ u2. s 5994.55 w 52.55' h/+x iia 298-OLD DUDE HIGHWAY PHONE:(561)-569-1247 '
P.RM. Rf,nw.r•,:,1:04.1 nw-.w
ni,h.,,eme.VERO BEACH,FL.32962 'FAIL (561)-569.9603
g. 222.c �I.8.91 1CC.00
,.• W r/
Deed Restrictions Oi W •
„oV /L Ili U
'rr hoi of o M •••u
*County water, paved roads, sidewalks, '1'•' z" ""; '� _s r 1
street lights • 4
,r '•his �14 55.61 , • 100.00 I 1OG.=C - • -LC.cc -;- •--.
*Starting at $22000.00, u N `04., `� N 0'4424' w 455;71 _-• - r
c6
Discount for cash �- 264.71 • 191.CC
rto
*3/4 mile to U.S. Hwy. #1 : % y
°4� 125.05 7 ctie• 151.63 :`
•
-N
*1 1/2 miles to Indian River a E N o �' • : . m A
tl \ $ ;
Public Boat Ramp (intercoastal e sii, --
river)' ; o N 0.44'24' • N 0.44.2` 11 - (%;_;,
n 150.00
*1 mile to new shopping mall z• 's0 C0 s C • T m r
(presently under construction) ; g $ • la
> IID [ 150.00 'GO.CC
*6 miles to public ocean beach g - - ! •'' .
•• *With 'new proposed bridge, ocean 7 150.00 • 1' , 8 la go N .. • r " 0 €?•11 •
• will be 2 1/2 miles M t. r
O c• u ! I. 1 :SC.C1a�. 4 r 0 1
*Adjacent to a 2 year old develop- ° g C) w E :; � 150.G0 �l �C
ment with all large homes. t J ISC.co in I$ v gig r x ai tri •li ••- v N a F
o V �� X 150.00 O o pI - 1sc.c1 n
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• 0150.00 .1 W� ; Ig m co en a • a n w'
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iso - _l�7.�3 n, .
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Please detach the above portion and return with your payment
*****************************_****_*jr**_*.**_*.*-*_**.*_**.**.**_* ** *.-**-*--
****OUR PHONE NUMBER HAS CHANGED: (772) 567-8000 EXT. 1812******
DETAILED STATEMENT
CUSTOMER NAME: SABONJOHN JR, PETER (TR)
ACCOUNT NUMBER: 433, 153 12787
LOCATION: 25 33 39 00000 1000 00023 .1
1295 SW 5TH AV
ORIGINAL LOAN AMOUNT: $16, 251. 97
ANNUAL INTEREST RATE: 8 .5000 ! /^
PRINCIPAL BALANCE: $ 14, 626. 78 (•! O r)
CURRENT INTEREST: $ 1,243 .26 �
OUTSTANDING INT/PEN: $ . 00
TOTAL LOAN BALANCE: $ 15, 870. 04
ANNUAL PAYS r,NT D s" $
This statement is being provided as a reminder that your next
payment of ten (10) annual installments is now due on your
assessment. Payment should be received in our office no later
than July 10, 2003 to avoid a late penalty of 1-1/2% per
month of any delinquent balance.
Any amount of principal may be prepaid at any time, together
with the interest accrued to date of payment.
•
A 7. r. X X'7:47V A"**7\ X).XW JCXXXXX W,c, cXX%XX7CXXXXXXXX*X7'71 XX***'IC XXX w *X'A%X*X%
Please detach the above portion and return with your payment
********************************************************:t*** ***
****OUR PHONE NUMBER HAS CHANGED: (772) 567-8000 EXT. 1812******
DETAILED STATEMENT
CUSTOMER NAME: SABONJOHN, FLORENCE M
ACCOUNT NUMBER: 246, 563 12788
LOCATION: 25 33 39 00000 7000 00001. 0
1305 SW 5TH AV
ORIGINAL LOAN AMOUNT: $18, 095 . 05
ANNUAL INTEREST RATE: 8 .500%
(P2 ,
PRINCIPAL BALANCE: $ 16, 285 . 55
CURRENT INTEREST: $ 1, 384.26 1
OUTSTANDING INT/PEN: $ . 00 1114
TOTAL LOAN BALANCE: $ 17, 669. 81
ANNUAL PAYMENT DUE: $ 3.193:78 j
This statement is being provided as a reminder that your next
payment of ten (10) annual installments is now due on your
assessment. Payment should be received in our office no later
than July 10, 2003 to avoid a late penalty of. 1-1/2% per
month of any delinquent balance.
• Any amount of principal may be prepaid at any time, together
with the interest accrued to date of payment.
9
N
***********************ri**)H******,4*E4 *******at+ ***item* * ***iim******i *
PARCEL 4 25 33 39 00000 1000 00022.3 SOFT. 47680' ASSESSMENT . 10703
OWNER BUCHW£ITZ,DEBRA A & ropy^/. &haw
440 11TH LN SW =___> 440 11TH LN SW
VERO BEACH FL 32962-6484
LEGAL E 100 FT OF W 300 FT OF S 440 FT OF N 880 FT OF Ei/2 OF SE
1/4 OF NE1/4 (OR BK 637 PP 738)
*******************-*K-UUx**)I*****-**1(1************ ************************** **
PARCEL 0 25 33 39 00000 1000 00022.5 SOFT. 4.Oi8' ASSESSMENT MOISCFPIX
OWNER PHILLIPS,MARK r & JOAN K
430 11TH LN SW ====> 430 11TH LN SW
VERO BEACH FL 32962-6470
LEGAL E 100 FT OF W 400 FT OF.S 440 FT OF N 880 FT OF Ei/2 OF ::3E
1/4 OF NE1/4 (OR BK 646 PP 2370)
******************II*I**E**l-)E*******NE414************)6****E**ME*K*(***************K***
PARCEL * 25 33 39 00000 1000 00023.0 SOFT. 21750 ASSESSMENT 5,670.42
OWNER PULLEASE,ROBERT E & PATRICIA. A
1285 5TH AV SW ==__> 1285 5TH AV SW
VERO BEACH FL 32962-6458
LEGAL S 245 FT OF E 145 FT OF W1/2 OF SE1/4 OF NE1/4
******************$****ie-)HY-***************af**********E-)i*}6** *******dE11**11************
PARCEL T 25 33 39 00000 1000 00023.1 SOFT. 87120 ASSESSMENT 22,712.96 -
OWNER SABONJOHN.PETER (TR)
1325 5TH AVE SW =__=> 1295 5TH AV SW
VERO BEACH FL 32962 769-
LEGAL Wi/2 OF SEi/4 OF NEi/4 LESS S 245 FT OF E 145 FT THEREOF
)H********lE*****)************CHH**** ************H* ******* **)H*********lEaEiE9E** **SIE
PARCEL * 25 33 39 00000 7000 00001.0 SOFT. 150584 ASSESSMENT 39,258.60
OWNER SABONJOHN,FLORENCE M
1325 5TH AV SW ====> 1325 5TH AV SW /355.
VERO BEACH FL 32962
LEGAL W 3/4 OF 141/2 OF NE1/4 OF SE1/4, LYING EOF LAT J CANAL & ALS
O LESS ADD R/W FOR FAIRVIEW RD AS IN OR BK 801 PP 1244
& ALSO LESS FOLL DESC PARC: COM AT NW COR OF EI/2 OF NE1/4
OF SE1/4, TH S 88 DEG 56 MIN 36 SEC W 165.70 FT ALONG N
LINE OF SE 1/4 TO A PT, TH S 01 DEG 01 i11N 03 SEC E 190
FT TO POB, TH S 88 DEG 56 MIN 36 SEC W 318.40 FT TO A
PT, TH S 28 DEG 04 MIN 34 SEC E 101.03 FT TO A PT, TH N 88
DEG 36 MIN 36 SEC E 272.44 FT TO PT, TH N 01 DEG 01 MIN 03
SEC W 90 FT BACK TO FOB, LESS E 25 FT FOR RD R/W
********HE**ic***********X*It-********SEI *************-iE- *************iHEaOHI****4H 1***4*
PARCEL 0 25 33 39 00000 7000 00001.1 SOFT. 24334 ASSESSMENT 6,344.09.
OWNER SABONJOHN,FLORENCE M
1325 5TH AV SW ====> 1325 5114 AV SW
VERO BEACH FL 32962
LEGAL A PARC OF LAND LYING IN SE.1./4 OF SEC 25 DESC AS FOLL: COM AT
NW COR OF Ei/2 OF NEI/4 OF SES/4, TH S 88 DEG 56 MIN 36
SEC W 165.70 FT ALONG N LINE OF SE//4 TO A PT, TH S 01 DEG ± �w
Oi MIN 03 SEC E 190 FT TO FOB: TH S 88 DEG 56 MIN 36 SEC C.A.)
W 319.40 FT TO A PT, TH S 28 DEG 04 MIN 34:SEC E, 101.03 Fr 7
TO A PT, TH N 88 DEG36 MIN 36 SEC E 272.44 FT TO PT, TH N - :V
Oi DEG OS. MIN 03 SEC W 90 FT BACK TO POB, LESS E 25 FT 1-0
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INDIAN RIVER COUNTY
DEPARTMENT OF UTILITY SERVICES
This is,to confirm that we have received Check # 6(011( in the amount of$ 011°609°6 from
c. - -4,---)/gAJ `viim . This check will be held without
processing until the Indian River County Board of County Commissioners makes a determination regarding
their position. •
!_
yAdir r
Vincent Burke, PE
Director of Utility Services .
Indian River County
1801 27th Street
Vero Beach, FL 32960
661
t SUSAN DIANE CANNON
sa saiens
t JOHN I CANNON=119 ler
430 70TH Si SW + Date
1lERO BEACH,FL 32962
1 ` ( ,4.1r I _ 4 ZC', `�
1, Paytoth _
Order 0t -4 554:
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Departmental Item
Indian River County, Florida
Department of Utility Services
Board Memorandum
Date: June 10, 2021
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Prepared By: John M. Boyer, PE, Utilities Engineer
Subject: Amendment 1 to Work Order No. 3 for Bowman Consulting Group, Ltd., West Wabasso
Septic to Sewer Phase 3
Background:
On February 2, 2021 the Board of County Commissioners (BCC) approved Work Order (WO) 3 for Bowman
Consulting Group, Ltd. (Bowman) for professional services related to the design of the West Wabasso
Septic to Sewer (S2S) Phase 3 project. Indian River County Department of Utility Services (IRCDUS) staff
recently added to the project the installation of gravity sewer along 63rd Avenue and 87th Street to
connect to an existing County sanitary lift station.
The West Wabasso S2S Phase 3 project will now be comprised of three (3) geographically separate areas
divided into Phase 3A (along 61St Drive), Phase 3B (59th Avenue and 58th Court), and now Phase 3C (63 d
Avenue and 87th Street — See Attachment 1: Location Map).
Analysis:
The BCC approved the Continuing Consulting Engineering Services Agreement for Professional Services
with Bowman on April 17, 2018. In accordance with that agreement, Bowman will provide professional
services as described in their Amendment 1 to WO 3 (attached), to prepare engineering design plans and
specifications, and apply for required permits.
Note: Work Order 3 for Bowman pre -dates the May 18, 2021, extension of the Continuing Contract
Agreement for Professional services. Amendment 1 will therefore meet the terms of the original
agreement with Bowman.
Bowman's fees for Amendment 1 will increase WO 3 by $70,298.00 to a total of $225,860.00. The
construction cost is estimated to be $2,482,000.00.
The revised estimated costs of the project are as follows:
73
Work Order No. 3 for Bowman
West Wabasso Septic to Sewer Phase III
Description Estimated Cost
Design, Engineering $
225,860
Construction $
2,482,000*
Impact Fees (42 ERUs) $
117,432
Total $
2,825,292
* The construction cost is on estimate only. based on the Engineers Estimated Opinion of Probably Cost
(OPQ for Phase 3. Note that the project hcs not yet been bid and these prices could be subject to
change for material and labor prices that ore outside the control of IRCDUS. The design and
engineering costs are provided through Work Order N3 and the impact fees are set as approved by the
Board that remain unchanged from years post and were formally approved to go into effect March
2019.
Funding:
Funds for this project are derived from multiple sources. IRCDUS' portion of project funding is derived
from Utilities capital funding. Utilities capital funds are generated from impact fees. Growth has created
the need for the expansion or construction of the system and that new growth will benefit from the
expansion or construction. Secondly, IRCDUS was awarded $1,250,000 in grant funds from the St. Johns
River Water Management District (SJRWMD) towards this project. The remainder of construction costs
will be funded from optional sales tax or American Rescue Plan (ARP) funding. The County intends to fund
$2,000,000 in S2S projects from ARP funds.
Description
Funding Source
Funding Account
Amount
1. Design/ Engineering
IRCDUS
472-169000-21512
$ 225,860
2. Construction
SJRWMD IRL WQ Grant
472-169000-21512
$ 1,250,000
3. Construction
Optional Sales Tax
31526836-066510-21512
$ 1,349,432
Recommendation:
Staff recommends that the Board of County Commissioners approve the following:
1. Amendment 1 to Work Order No. 3 for Bowman Consulting, Inc., for a lump sum amount of
$70,298.00.
2. Allow for the use of American Rescue Plan and/or Optional Sales Tax dollars to fund the project
deficit and offset impact fees to entice property owners to connect for a not -to -exceed amount
of $1,349,432.
Attachments:
1. Location Map —Phase 3C
2. Amendment 1 to Work Order No. 3: Bowman Consulting, Inc.
Page 274
F:\Utilities\UTILITY - Engineering\Projects - Capital Projects\20-0429 West Wabasso S2S Ph 3\Admin\BCC\21-0622 W03 -Add 1\BCC Agenda
Item Bowman WO 3 Add 121-0610 ha.docx
�v vr�i lulu �vi�i Date: 4/112021
CCNA2018 WORK ORDER 3 — AMENDMENT 1
West Wabasso Septic to Sewer Phase 3C
This Work Order Number 3 — Amendment 1 is entered into as of this _ day of 2021,
pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered
into as of this 17" day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN
RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting
Group, Ltd. ("Consultant").
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The
professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B
(Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant
will perform the professional services within the timeframe more particularly set forth in Exhibit C
(Time Schedule), attached to this Work Order and made a part hereof by this reference all in
accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of
the Agreement, nothing contained in any Work: Order shall conflict with the terms of the Agreement
and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as
if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
Bowman Consulting Group, Ltd. OF INDIAN RIVER COUNTY
M
By:
, Chairman
Print Name: Erik Juliano, P.E.
Title: Branch Manager BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
Approved:
Approved as to form and legal sufficiency:
Deputy Clerk
Jason E. Brown, County Administrator
Dylan T. Reingold, County Attorney
76
EXHIBIT A -SCOPE OF WORK
Bowman Consulting Group Ltd. is pleased to submit this proposal for professional engineering services
to Indian River County Utility Department for engineering services to design and permit a septic to
sewer project located in West Wabasso.
PROJECT BACKGROUND & UNDERSTANDING
We had several meetings with Utilities Staff to discuss the West Wabasso septic to sewer project and
the work is summarized below:
This project is the third site within the Phase 3 work order. Phase 3C consists of 63rd Avenue from CR
510 to 87th Street and 87th Street from 63rd Aveiue to 64th Avenue. The work would include design of a
gravity collection system and lift station capacity evaluation. Based on discussions with the County
there is no expansion potential anticipated for this location.
Consultants surveyor will provide topo mapping and site survey, including clean outs, septic tank(s) and
drain field(s) as can be located for each dwelling along 63rd Avenue from CR 510 to 87th Street and 87th
Street from 63`d Avenue to the terminal manhole before the lift station, for the use of design of proposed
improvements. As a separate task, supplemenial topographic mapping on 61 st Drive will be provided for
the design of the laterals for that work.
The work for Phase 3A, 3B, and 3C will be included in one set of drawings. One bid schedule will be
prepared that will tabulate each site separately with one total. Specifications prepared by consultant
will consist of bid schedule, bid descriptions, and technical specifications. County will provide front end
documents including general provisions. The design is anticipated to include the connection to each
dwelling and abandonment of existing located septic tanks. The design will include gravity sewer and
existing lift station evaluation. The existing lift station on 87th Street will be evaluated for capacity based
on the current number of existing dwellings anc for build out of the existing lots on 631 Avenue and 87th
Street only. This condition will be calculated so the County will know what modifications to the lift
stations will be required for full build out.
All roads will be replaced in kind for construction (pavement, base and subbase or equivalent) after the
construction of sewer in 63rd Avenue and 87th Street.
Permitting is anticipated to include FDEP for the gravity sewer. It is anticipated to receive an IRC right
of way permit. We will also need to obtain a "No permit Required" determination from SJRWMD for the
proposed road work.
77
SCOPE OF SERVICES
We propose to provide the following services:
Task 1 - Civil Design Services (Bowman Consulting)
System Evaluation and Design
1. Prepare report that includes evaluation and determination of gravity sewer build out
control grades for each site. Estimate current wastewater flows and build out
wastewater flows for each site. Summarize lift station components that will be required
to change between current design and build out for each site.
2. Utility Research: contact utility companies and obtain record information and transfer
information to design drawings.
Prepare Bidding Documents
3. Attend and prepare summary meeting notes for up to two (2) meetings, anticipated to be
at beginning, and 50% complete milestones of the project.
4. Prepare 24" x 36" drawings anticipated to be:
Sheet
Description
G-1 thru 2
To be included with Phase 3A & 313 work
SP -1 thru 2
SWPPP Sheets, 2 plan sheets to be included with Phase 3A & 313
PA -1 thru 8
Phase 3C Site: 1 - Overall Site Plan, 3 - 30 scale Plan & Profile
5. Multiple site visits and coordination with the residents for identification of design issues.
6. Utilize the IRCDUS Utility Construction Standards and supplement with specifications as
necessary for the design.
7. Provide two (2) engineer's opinion of estimated construction cost and design plans at
50% and after 90% design milestone. Final estimate will match bid schedule.
8. Field review design/plans at 90% complete milestone to compare with site conditions.
In-house plan checking and respond to Utility comments and prepare final drawings and
specifications.
Task 2 - Permitting Services (Bowman Consulting)
Project Permitting
9. Prepare and submit FDEP permit the project (both Phases), including fees of $250.
Respond to comments and follow through to final clearance.
10. Prepare and submit IRC right of way permits for 87th Street and 63rd Avenue. These will
be no cost permits.
11. SJRWMD no permit required determination.
Task 3 - Bidding Services (Bowman Consulting)
Bidding Services
12. Bidding Services are comprised of attending a pre-bid conference, respond to
contractor's bid questions and assist with preparation of addenda.
Task 4 - Survey Services (ISS Survey)
13. Site Survey including rights of way, property lines, easements, topographic mapping,
trees, existing improvements, buildings, driveways and utilities.
14. This work will include a subconsultant to locate septic system facilities for each dwelling
and survey locate those existing improvements for the design.
15. Supplemental survey on 61St Street.
SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS
Client or others will provide the following services and/or information.-
A.
nformation:
A. County will provide the specification frontend documents and general provisions.
B. County will provide all CEI and Certification, only design, permitting and assisting with
bidding will be provided by Consultants.
C. County will handle all aspects of public meetings.
D. Provide record -drawings and information of existing improvements and utility -owned
facilities and other substructures.
E. Easement acquisition if required.
SPECIFIC EXCLUSIONS
Specifically not included in the above Scope of Services/Compensation are the following:
A. Any geotechnical services.
79
EXHIBIT B — FEE SCHEDULE
COMPENSATION
We will provide the requested services on a Lump Sum Cost, with estimated task breakdown below:
Design Services:
Task
Design Services
Fee
1.
Civil Design Services Bowman
$31,345
2.
Permitting
$3,470
3.
Bidding Services
$1,955
Sub Total $36,770
4.
Survey Services ISS Sueve)
*$33,528
Grand Total $70,298
* Subconsultant fee includes 10% markup, see subconsultant proposal attached.
EXHIBIT C — TIME SCHEDULE
This Task Order shall commence upon Notice to Proceed with the work to be completed as
follows:
Kick off meeting
(NTP)
Topo Mapping
4 weeks
Design to 50% & Meeting
6 weeks
Permitting, Design to 95% & Submit
6 weeks
County Review
4 weeks
Respond to Comments
2 weeks
Final Bid Docs and Deliver
2 weeks
Total
24 Weeks
168 Calendar Days
EXHIBIT A -SCOPE OF WORK
Bowman Consulting Group Ltd. is pleased to submit this proposal for professional engineering services
to Indian River County Utility Department for engineering services to design and permit a septic to
sewer project located in West Wabasso.
PROJECT BACKGROUND & UNDERSTANDING
We had several meetings with Utilities Staff to discuss the West Wabasso septic to sewer project and
the work is summarized below:
This project is the third site within the Phase 3 work order. Phase 3C consists of 63`d Avenue from CR
510 to 87th Street and 87th Street from 63`d Avenue to 64th Avenue. The work would include design of a
gravity collection system and lift station capa--ity evaluation. Based on discussions with the County
there is no expansion potential anticipated for this location.
Consultants surveyor will provide topo mapping and site survey, including clean outs, septic tank(s) and
drain field(s) as can be located for each dwelling along 631 Avenue from CR 510 to 87th Street and 8711
Street from 631 Avenue to the terminal manhole before the lift station, for the use of design of proposed
improvements. As a separate task, supplemental topographic mapping on 61 It Drive will be provided for
the design of the laterals for that work.
The work for Phase 3A, 3B, and 3C will be inc°uded in one set of drawings. One bid schedule will be
prepared that will tabulate each site separately with one total. Specifications prepared by consultant
will consist of bid schedule, bid descriptions, and technical specifications. County will provide front end
documents including general provisions. The design is anticipated to include the connection to each
dwelling and abandonment of existing located septic tanks. The design will include gravity sewer and
existing lift station evaluation. The existing lift station on 87th Street will be evaluated for capacity based
on the current number of existing dwellings and for build out of the existing lots on 63`d Avenue and 87th
Street only. This condition will be calculated so the County will know what modifications to the lift
stations will be required for full build out.
All roads will be replaced in kind for construction (pavement, base and subbase or equivalent) after the
construction of sewer in 63`d Avenue and 87th Street.
Permitting is anticipated to include FDEP for the gravity sewer. It is anticipated to receive an IRC right
of way permit. We will also need to obtain a "No permit Required" determination from SJRWMD for the
proposed road work.
7
SCOPE OF SERVICES
We propose to provide the following services:
Task 1 - Civil Design Services (Bowman Consulting)
System Evaluation and Design
Prepare report that includes evaluation and determination of gravity sewer build out
control grades for each site. Estimate current wastewater flows and build out
wastewater flows for each site. Summarize lift station components that will be required
to change between current design and build out for each site.
2. Utility Research: contact utility companies and obtain record information and transfer
information to design drawings.
Prepare Bidding Documents
3. Attend and prepare summary meeting notes for up to two (2) meetings, anticipated to be
at beginning, and 50% complete milestones of the project.
4. Prepare 24" x 36" drawings anticipated to be:
Sheet
Description
G-1 thru 2
To be included with Phase 3A & 313 work
SP -1 thru 2
SWPPP Sheets, 2 plan sheets to be included with Phase 3A & 313
PA -1 thru 8
Phase 3C Site: 1 - Overall Site Plan, 3 - 30 scale Plan & Profile
5. Multiple site visits and coordinaticn with the residents for identification of design issues.
6. Utilize the IRCDUS Utility Construction Standards and supplement with specifications as
necessary for the design.
7. Provide two (2) engineer's opinion of estimated construction cost and design plans at
50% and after 90% design milestone. Final estimate will match bid schedule.
8. Field review design/plans at 90% complete milestone to compare with site conditions.
In-house plan checking and respond to Utility comments and prepare final drawings and
specifications.
Task 2 - Permitting Services (Bowman Consulting)
Project Permitting
9. Prepare and submit FDEP permit the project (both Phases), including fees of $250.
Respond to comments and follow through to final clearance.
10. Prepare and submit IRC right of way permits for 87th Street and 63rd Avenue. These will
be no cost permits.
11. SJRWMD no permit required determination.
RIX
Task 3 - Bidding Services (Bowman Consulting)
Bidding Services
12. Bidding Services are comprised of attending a pre-bid conference, respond to
contractor's bid questions and assist with preparation of addenda.
Task 4 - Survey Services (ISS Survey)
13. Site Survey including rights of way, property lines, easements, topographic mapping,
trees, existing improvements, buildings, driveways and utilities.
14. This work will include a subconsultant to locate septic system facilities for each dwelling
and survey locate those existing improvements for the design.
15. Supplemental survey on 61St Street.
SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS
Client or others will provide the following services and/or information:
A. County will provide the specification frontend documents and general provisions.
B. County will provide all CEI and Certification, only design, permitting and assisting with
bidding will be provided by Consultants.
C. County will handle all aspects of public meetings.
D. Provide record -drawings and information of existing improvements and utility -owned
facilities and other substructures.
E. Easement acquisition if required.
SPECIFIC EXCLUSIONS
Specifically not included in the above Scope of Services/Compensation are the following:
A. Any geotechnical services.
EXHIBIT B — FEE SCHEDULE
COMPENSATION
We will provide the requested services on a Lump Sum Cost, with estimated task breakdown below:
Design Services:
Task
Design Services
Fee
1.
Civil Design Services Bowman
$31,345
2.
Permitting
$3,470
3.
Bidding Services
$1,955
Sub Total $36,770
4.
Survey Services ISS Survey)
*$33,528
Grand Total $70,298
* Subconsultant fee includes 10% markup, see subconsultant proposal attached.
EXHIBIT C — TIME SCHEDULE
This Task Order shall commence upon Novice to Proceed with the work to be completed as
follows:
Kick off meeting
(NTP)
Topo Mapping
4 weeks
Design to 50% & Meeting
6 weeks
Permitting, Design to 95% & Submit
6 weeks
County Review
4 weeks
Respond to Comments
2 weeks
Final Bid Docs and Deliver
2 weeks
Total
24 Weeks
168 Calendar Days
Co
Bovvman
C 0 N S U L T I N G
6/2/21
Estimated Staff Loading For:
Indian River Co. Utilities - West Wabasso Septic to Sewer—Phase 3C
TASK Sr Proj Mgr Sr Engr Proj Engr Engr Sr Dsgnr Clerical TOTAL
Task 1 - Design Services 0
1. Meetings 2 2 2 6
2. Design Criteria 1 2 4 7
3. Utility Research & Coordination 1 2 6 6 2 17
4. Probable Const. Cost 1 2 8 11
5. Field Review Recon 8 12 8 28
0
Final Design
6. Meetings
7. Septic to Sewer Plans (6 shts)
8. Specifications
9. Probable Const. Cost
10. Field Review
Staff By Category Totals
2 2
18 40
4 4
13 45 88
:e
102
0
6
141
14
6
18
0
0
254
Billing Rate ($/hr)
$165 ?150 $130 $100 $105 $50
Total Personnel Cost ($)
$2,145 $6,750 $11,440 $0 $10,710 $300 $31,345
Staffing Ratio (% of total hrs)
5.1 17.7 34.6 0.0 40.2 2.4
Average Personnel Cost ($/hr)
123.41
Description of Other Project Costs VALUE ($)
Total of other costs ($) $0
Total Estimated Project Cost ($) 31,345
West Wabasso Fee Est. P3C.xls 87
6/2/21
Estimated Staff Loading For:
Indian River Co. Utilities - West Wabasso Septic to Sewer—Phase 3C
TASK Sr Proj Mgr Sr Engr Proj Engr Engr Sr Dsgnr Clerical TOTAL
Task 2 - Permitting 6-
1. FDEP Permit 63rd 2 4 8 14
2. Permit Fee ($500) 5 2 7
3. ROW Permit Fee ($800) 8 2 10
0
0
0
0
0
Staff By Category Totals
0
0
0
0
0
0
0
0
0
0
0
0
0
0
13 0 4 31
Billing Rate ($/hr)
$165 $150 $130 $100 $105 $50
Total Personnel Cost ($)
$330 $600 $1,040 $1,300 $0 $200 $3,470
Staffing Ratio (% of total hrs)
6.5 12.9 25.8 41.9 0.0 12.9
Average Personnel Cost ($/hr)
111.94
Description of Other Project Costs VALUE ($)
Total of other costs ($) $0
Total Estimated Project Cost () $3,470
West Wabasso Fee Est, P3C.xls 88
6/2/21
Estimated Staff Loading For:
Indian River Co. Utilities - West Wabasso Septic to Sewer_Phase3C
TASK 3r Proj Mg Sr Engr Proj Engr Engr Sr Dsgnr Clerical TOTAL
Task 3 - Bidding Services 0
0
1. Respond to RFIs 1 2 2 2 7
2. Assist with Addenda 1 1 3 3 8
3. Attend Pre -Bid Meeting included 0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Staff By Category Totals 2 3 5 0 5 0 15
Billing Rate ($/hr) $165 $150 $130 $100 $105 $50
Total Personnel Cost ($) $330 $450 $650 $0 $525 $0 $1,955
Staffing Ratio (% of total hrs) 13.3 20.0 33.3 0.0 33.3 0.0
Average Personnel Cost ($/hr) 130.33
Description of Other Project Costs VALUE ($)
Total of other costs ($) $0
Total Estimated Project Cost $1,955
West Wabasso Fee Est. P3C.xls 89
May 24, 2021
Mr. Eric Flavell, PE, F -ASCE
Bowman Consulting Group
4450 W. Eau Gallie Blvd., Suite 232
Melbourne, FL 32934
*INFRASTRUCTURE
SOLUTION SERVICES
'7175 Murrell Road, Melbourne, FL 32940
Phone: 321.622.4646
Subject: Proposal to Provide Surveying Services
Project No. BCGO05 - Indian River County West Wabasso Septic to Sewer Phase 3C
Dear Mr. Flavell:
Infrastructure Solution Services (ISS) is pleased to provide this proposal for surveying services for the
Indian River County (IRC) West Wabasso Septic to Sewer Project Phase 3C (the "Project") in
Wabasso, Florida to Bowman Consulting Group (BCG).
SECTION I. BACKGROUND
After speaking with Mr. Eric Flavell (BCG) and reviewing the provided scope and limits, it is ISS's
understanding that the Project consists of a topographic route survey of approximately 2,500' of
residential (dirt) road, 1,200' of residential (paved) road, and 400' of a main road. The project will be
divided into two separate tasks.
Task 1 will include approximately 700' of 87th S_reet (dirt), 400' of 86th Street (dirt), and 1,400' of 63rd
Avenue (dirt). It will include the connection of 13± homes. The survey will be used to aid in the design
of a gravity sewer system that will flow to an existing sanitary lift station on 87th Street. It is ISS's
understanding that the project will include collecting all available property control on all property
frontage to help establish approximate lot lines (per IRC Property Appraiser information) to be utilized in
design of the gravity system and tying into the lift station. The survey will also include a detailed
location of the existing lift station with pipe size% invert, and bottom elevations.
Task 2 will include 1,200' of 61st Street (paved), 400' of 85th Street (SR 510), topo, and locations of a
100' X 100' section of parcel 39232 in the SW corner (per IRC Property Appraiser). It will include
connection to 14 homes. This survey will be supplemental to the survey previously done by IRC and will
not include collecting any property control along the route.
For both Tasks, The ISS team will coordinate the location of all accessible existing septic tanks and
cleanouts for the 27± homes that will be connected to the new systems. All finished floor elevations will
be established for said homes as accurately as possible for the purpose of calculating slope on gravity
laterals along with general grade of the lot. All house basic footprints and permanent features will be
collected and shown to aid in design of service connections. The location of underground utilities, that
are marked by others, will be collected within the project area. A high resolution, georeferenced drone
image will be provided as a background in the s irvey.
Bowman Consulting Group
Mr. Eric Flavell, PE, F ASCE
May 24, 2021
SECTION 11. SCOPE OF SERVICES
TASK 1&2 - Topographic Survey
A. Using the nearest published horizontal and vertical control, ISS will establish a minimum of five (5)
site control points with NAD 1983 State Plane coordinate values and NAVD 88 vertical values for
the collection of data and to be used as site benchmarks.
B. (Task 1) Establish frontage property lines for from available property control collected and per
available legal descriptions from the IRC Property Appraiser.
C. Map all above ground existing conditions utilizing conventional survey and GPS real-time kinematic
(RTK) methods along the route. Collect any marked underground utilities. This scope assumes that
any underground utilities that need to be mapped will be identified by others prior to
commencement of the existing conditions survey.
D. Fly a predefined route in accordance with all FAA Part 107 regulations with a DJI Phantom 4 Pro
drone to obtain aerial images. Aerial images will be processed with photogrammetry software for
image only.
E. Draw the existing conditions utilizing AutoCAD Civil 3D in state plane coordinates. Piot the existing
conditions on a signed and sealed survey map.
SECTION II1. SUBCONSULTANTS
TBD for septic tank locations
SECTION IV. CLIENT'S RESPONSIBILITV
BCG will be responsible for providing the ISS project team the following items.-
A.
tems:
A. Access to the project site and upfront communication with homeowners.
B. Identification and marking of underground utilities.
SECTION V. DELIVERABLES
ISS will provide the following deliverables:
Task 1 & 2 - Existing Conditions Map: Three (3) copies of signed and sealed survey maps and one
(1) digital copy delivered on CD or USB drive.
SECTION VI. SCHEDULE
ISS will begin survey field work for each task within two (2) weeks of receiving the signed proposal from
BCG. Field work and drafting will be complete within five (5) weeks of commencement. Survey map
deliverables will be provided to BCG within five (5) days thereafter.
Bowman Consulting Group
Mr. Eric Flavell, PE, F -ASCE
May 24, 2021
SECTION V11. COMPENSATION
BCG shall compensate ISS a lump sum fee of thirty thousand four hundred eighty dollars ($30,480 for
the scope of services specified in this task order.
Any additional unforeseen expenses will be identified for approval from BCG before incurring and billed
with the final invoice.
Exhibit 1: Fee Schedule by Task
1 Establish survey control =15hrs @ 2 -man crew rate $160
2 Locate septic tanks and cleanouts = 35hrs @ 2 -man crew rate $160
3 Locate property control = 8hrs @ 2 -man crew rate $160
4 Topo, FFEs, buildings, improvements etc.= 80hrs @ 2 -man crew rate $160
5 Survey drafting = 60hrs @ Draftsmen Tech II rate $100
6 Drone flight field operations =10hrs @ 2 -man anew rate $160
7 Drone data processing = 8hrs @ Draftsmen Tech II rate $100
TOTAL FEE
SECTION V111. ACCEPTANCE
$2,400
$5,600
$1,280
$12,800
$6,000
$1,600
$800
S30,480
If the above scope and fees meet your approval, please indicate by returning one signed copy to ISS
which will constitute an "Agreement and Notice to Proceed" for the accomplishment of this work.
Infrastructure Solution Services
ckfti .Stahl, PE — Managing Member
a� a.
Date
u
Bowman Consulting Group
Date
.-7
aooggle Earth _
Bowman Consulting Group
Mr. Eric Flavell, PE, F-ASCE
May 2.1, 2021
y; .
June 22, 2021
ITEM 14.E.1
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: June 16, 2021
SUBJECT: The Water of Indian River County
FROM: Laura Moss
Commissioner, District 5
Discussion Item:
To my esteemed colleagues,
At the Indian River Soil & Water Conservation District (IRSWCD) meeting of June 14th, it was
suggested that the BCC might wish to designate a representative to advise and consult with them.
The representative should have a high-level of knowledge in this area, and therefore, likely
should be the Utilities Director or his equivalent. Please see Florida Statute 582.19 (5) for the
specific language. I would appreciate hearing your thoughts on this matter. I would invite
Commissioner Earman to lead-off as we both attended the meeting but, of course, were unable to
communicate our thoughts to each other at that time.
Also, Dr. Dorothy Sifuentes of United States Geological Survey (USGS) made a presentation to
IRSWCD regarding updating the 1988 USGS Study. Video is available should you wish to view
it. While I understand from the BCC meetings of April 20th and June 8th that your decision is to
hear the St. John's River Water Management District (SJRWMD) update prior to a USGS
update, I would appreciate a discussion of budgeting for it in the next fiscal year. With regard to
cost-sharing, USGS may participate up to 50%, and IRSWCD will be contacting SJRWMD to
determine what participation, if any, they might offer.
Thank you for your consideration,
Laura Moss
95
2020 Florida Statutes
Title XXXV AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY
Chapter 582 SOIL AND WATER CONSERVATION
SECTION 19
Qualifications and tenure of supervisors.
582.19 Qualifications and tenure of supervisors. —
(1) The governing body of the district shall consist of five supervisors, elected as provided
hereinabove.
(2) The supervisors shall designate a chair and may, from time to time, change such designation by
majority vote. The term of office of each supervisor shall be 4 years, except that two supervisors shall
be elected to serve for initial terms of 2 years, respectively, from the date of their election as
provided in this chapter. A supervisor shall hold office until her or his successor has been elected and
qualified. The selection of successors to fill an unexpired term shall be in accordance with s. 582.18(2).
Selection for a full term in a newly created district shall be by election of the qualified electors of the
district. A majority of the supervisors shall constitute a quorum and the concurrence of a majority of
the supervisors in any matter within their duties shall be required for its determination. A supervisor
shall receive no compensation for her or his services, but she or he shall, with approval of the
supervisors of the district, be reimbursed for travel expenses as provided in s. 112.061.
(3) The supervisors may utilize the services of the county agricultural agents and the facilities of
the county agricultural agents' offices insofar as practicable and feasible and may employ such
additional employees and agents, permanent and temporary, as they may require, and determine their
qualifications, duties and compensation. The supervisors may delegate to their chair, to one or more
supervisors, or to one or more agents, or employees such powers and duties as they may deem proper.
The supervisors shall furnish to the Department of Agriculture and Consumer Services, upon request,
copies of such rules, regulations, orders, contracts, forms and other documents as they shall adopt or
employ, and such other information concerning their activities as it may require in the performance of
its duties under this chapter.
(4) The supervisors shall provide for the execution of surety bonds for all employees and officers
who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate
record of all proceedings and of all resolutions, regulations, and others issued or adopted; and shall
provide for an annual audit of the accounts of receipts and disbursements. Any supervisors may be
removed by the Governor of this state upon notice and hearing, for neglect of duty or malfeasance in
office, but for no other reason.
(5) The supervisors may invite the legislative body of any municipality or county located within or
near the territory comprised within the district to designate a representative to advise and consult
with the supervisors of the district on all questions of program and policy which may affect the
property, water supply, or other interest of such municipality or county.
96
SWDD Agenda
16' �)l
Indian River County, Florida
Solid Waste Disposal District
Board Memorandum
Date: June 14, 2021
To: Jason E. Brown, County Administrator
From: Vincent Burke, PE, Director of Utility Services
Thru: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD)
Prepared By: Ronnie T. Jones, BSCE, Assistant Managing Director, Solid Waste Disposal District (SWDD)
Subject: Request for Relocation and Installation Services from Inter -Block Retaining Systems, Inc.
Description and Conditions:
Since 2015, the Indian River County IRC) Landfill has utilized Enviro-Blocks from Inter -Block Retaining
Systems, Inc. (Inter -Block) for use as storage bays in our single stream storage facility. On June 9, 2020,
the Solid Waste Disposal District (SWDD) Board waived the bid requirements and authorized the
Purchasing Manager to issue a purchase order to Inter -Block for the purchase and installation of 399
Enviro-Blocks.
Staff is currently in the process of obtaining the required permits for the relocation of the existing Big Top
Tent (BTT) onto the newly constructed 80 feet x 240 feet concrete pad (Request for Proposal (RFP)
#2020050), which was approved by the SWDD Board on August 18, 2020, and successfully completed in
March 2021. Once the BTT relocation is completed, the existing Enviro-Blocks must also be relocated onto
the new concrete pad to allow for the future construction of the Household Hazardous Waste (HHW)
Facility. Additionally, the Enviro-Blocks placement onto the new concrete pad will allow SWDD the ability
to begin sorting and temporarily storing clean cardboard and scrap metal in addition to the single stream
recycling materials.
Staff has received the attached proposal from Inter -Block to provide for the removal, relocation, and
installation of the existing Enviro-Blocks for a total cost of $59,760.00. Due to their familiarity with the
block system, SWDD asked the vendor to include a cost for installation in the quote.
Staff is requesting the SWDD Board waive the requirement for bids on this work and authorize the
Purchasing Manager to issue a purchase order to Inter -Block.
Analysis:
SWDD has utilized the same type of blocks for over six years in our single stream transfer facility, and they
have facilitated the proper storage of our singCe stream materials. The improvement of a new concrete
97
SWDD Agenda - Request for Relocation and Installation Services from Inter -Block Retaining Systems, Inc ha - Page 1-
SWDD Agenda
pad (by others) with proper storage bays and a new ramp will facilitate better organization and operation
of our services.
Funding:
Funding for this work in the amount of $59,760.00 is budgeted and available in our capital funds allocated
for Fiscal Year 20/21 under Account Number 411-164051, which is funded from SWDD assessments and
userfees.
Description
Account Number
Amount
Other Improvements
411-164051
$59,760
Recommendation:
Solid Waste Disposal District staff recommends `hat its Board approve the following:
a) Waive the requirement for bids for the removal and installation of the Enviro-Block units from
Inter -Block Retaining Systems in the total amount of $59,760.00.
b) Authorize the Purchasing Manager to issue a purchase order to Inter -Block Retaining Systems for
this project, after receipt and approval of the required vendor insurance.
Attachments:
1. Proposal from Inter -Block Retaining Systems, Inc.
2. Detailed Construction Plan for Enviro-Block placement
g
SWDD Agenda - Request for Relocation and Installation Se vices from Inter -Block Retaining Systems, Inc ha - Page �2-
Inter -Block Retaining Systems Inc.
PO Box 2992
Valley Center, CA 92082 US
760-751-0231
jmacepa inter-block.com
www.inter-block.com
ADDRESS
Indian River County Solid Waste
Indian River County
Finance Department
County Admin Building
1801 27th Street, Bldg A
Vero Beach, FL 32960
Estimate
ESTIMATE DAT Y EXPIRATION DATA
21-1437 05/25/2021 06/25/2021
SHIP DATE SHIP VIA
08/02/2021 Best Way
DATE ACTIVITY
******Per Attached Plan*****
This price includes travel, lodging Per
diem
Miscellaneous
Demo old wall and transport to new wall
arae
Install
Enviro-Block Wall Installation
Miscellaneous
168' long 8"x8" x 1/2" angle iron
furnished/installed with 8"x1/2" concrete
anchor bolts. (Price subject to change at
time of order)
*****Tax Exempt Certificate EIN
Required*****
This quote is valid for 30 days.
Accepted By
Indian River County Solid Waste
Facility
1325 74th Ave.
Vero Beach, FL 32968
SALES REP
JM
QTY RATE AMOUNT
132
150.00
19,800.00
132
150.00
19,800.00
168
120.00
20,160.00
0.00
TOTAL $59,760.00
Accepted Date
99
Please note that all accepted quotes will be under payment terms of Net 30 unless otherwise notes and agreed upon by both parties.
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SWDD Item
Indian River County, Florida 166",
Solid Waste Disposal District
Board Memorandum
Date: June 14, 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: Approval for Rehabilitation of the Above Ground Storage Tank at the IRC Landfill
Descriptions and Conditions:
On May 18, 2021, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board authorized Work
Order No. 42 to Kimley-Horn and Associates (KHA;t for engineering and permitting services to for the centrate
to leachate tank conversion project. The purpose of this project is to utilize and repurpose the existing 0.5 -
million -gallon above ground storage tank (AGST) for the future leachate treatment project.
KHA has provided the attached memorandum recommending that SWDD proceed with a sole -source contract
with Crom Corporation (Crom), the original manufacturer of the tank to coat the interior tank walls and bottom
as well as to core the tank for the future installation of an external mixing system to keep the leachate mixed
during storage. An option is also included for the coating of the interior dome. The coating is needed due to the
corrosive nature of leachate. Per KHA, it is imperat°ve that this work be performed by the tank manufacturer to
reduce the risk of damaging the pre -stressing rings that span the circumference of the tank.
The purpose of this agenda item is for the SWDD Board to approve a sole -source contract to Crom for the
rehabilitation of the existing AGST.
Analysis:
Per KHA, the not -to -exceed authorization to Crom should consist of the following items:
Task
SCOPE
AMOUNT
Base Services
Mobilization, Tank Insp=ction, Surface Preparation,
$ 140,750
Resurfacing, Coating Applications and Disinfection
Option 1
Interior Dome Coating: Surface Preparation, Resurfacing and
$ 56,525
Coating Applications
Option 2
Interior Piping: Surface Preparation and Coating Application
$ 5,425
Option 3
Wall Penetration: Four (4) 8 -inch Stainless Steel, wall pipes
$ 50,000
TOTAL FEE =
$ 252,700
SWDD Agenda - Rehabilitation of the Above Ground Storage Tan4: at the IRC Landfill Page JNJ
SWDD Item
Funding:
Funding of $252,700.00 for the SWDD Leachate Treatment services is budgeted and available in a special
project account, No. 411-169000-19507, which is funded from SWDD assessments and user fees.
Description
Account Number
Amount
Leachate Pre -Treatment System
411-169000-19507
$252,700
Recommendation:
SWDD staff recommends that its Board approve the following:
a) Waive the requirement for bids for the rehabilitation of the existing above ground storage tank at
the Indian River County Landfill in a not -to -exceed amount of $252,700 to Crom Corporation.
b) Authorize the Purchasing Manager to issue a purchase order to Crom Corporation for this project,
after receipt and approval of the required vendor insurance, and after final terms and conditions
have been approved by the County Attorney.
c) Authorize the Budget Director to prepare a budget amendment for this project, if necessary, for
approval by the Board at a future meeting.
Attachment (s):
Memorandum from Kimley-Horn
Proposal from Crom Corporation
SWDD Agenda -Rehabilitation of the Above Ground Storage Tank at the IRC Landfill Page 2W
K mley>>)Horn
MEMORANDUM
Himanshu Mehta, PE
To: IRC SWDD
From: Jill Grimaldi, BCES
Kimley-Horn and Associates, Inc.
Date: June 11. 2021
Subject: Centrate Tank Refurbishing by Crom
As the Solid Waste Disposal District evaluates options for the treatment and disposal of the leachate
generated by the County's landfill, the existing centrate tank associated with the biosolids dewatering
facility is in the process of being repurposed for leachate storage.
To be able to properly store the leachate, the existing centrate tank requires an interior coating that is
designed and rated to withstand the corrosive environment created by the leachate. The existing
interior coating does not meet those requirements. Kimley-Horn has engaged the original tank
manufacturer, Crom Corporation, to determine what process is required to recoat the tank walls and
bottom, while preserving the tank's integrity and any remaining warranty items per Crom's
specifications.
In addition, the tank will require the addition of a mixing mechanism to keep the leachate mixed
during storage. The potential mixing options currently under evaluation include jet pump mixers that
require cores to be drilled in the walls of the tank. It is imperative that this work be performed by the
tank manufacturer to reduce the risk of damaging the prestressing rings that span the circumference
of the tank. Crom routinely performs such core drillings on their pre -stressed tanks for various
applications and it would not be advisable to allow a separate contractor to complete such work.
It is for that reason that we recommend that SWDD proceed with a sole -source contract to Crom for
the recoating and installation of the mixer (to De direct purchased by the County upon completion of
the mixing evaluation).
Attached is Crom Corporation's propcsal for the cleaning of the tank, removal of the existing coating,
visual inspection of the tank interior and exterior for cracks and overall condition and application of
the specified coating for leachate storage. Options were included within this proposal for the coating
of the underside of the dome (if warranted by the selected mixer design), coating of the interior piping
to provide additional corrosion protection, an-- for up to four (4) wall penetrations to accommodate the
mixer and fill line modifications. If the mixer ti -at is ultimately selected does not require the dome
coating or wall penetrations, a deductive change order could be issued to recoup that budget from
Crom.
Kimley»>Horn
The proposal is summarized below and attaches in full for your information.
1. Base Services $140,750
Mobilization $ 2,000
Tank Inspection $ 3,500
Surface Preparation $ 48,000
Resurfacing $ 37,750
Coatings Application $ 49,000
Disinfection $ 500
2. Option 1: Interior Dome Coating $56,525
Surface Preparation $20,300
Resurfacing $16,000
Coatings Application $20,225
3. Option 2: Interior Piping $5,425
Surface Preparation $ 2,520
Coatings Application $ 2,905
4. Option 3: Wall Penetrations $50,000
Four 8 -inch Stainless Steel
Wall Pipes (ea) $12,500
Page 2
The total (not -to -exceed) potential contract value, including all three options, is $252,700. Should the
County opt not to proceed with one or more options, Crom will deduct the value of the option(s) from
the total pay application. The cost of the selected mixer and the mixer installation is not included. It is
anticipated that the County will direct -purchase the selected piece of equipment. Installation of the
mixer will be provided under separate authorization or amendment.
CRCDNA
PRESTRESSED CONCRETE TANKS
COATINGS and RESTORATIONS
April 30, 2021
Revised June 15, 2021
REVISED PROPOSAL 21-195
INTERIOR COATING APPLICATION AND WALL PIPE ADDITION
500,000 GALLON GROUND STORAGE TANK
VERO BEACH, FLORIDA
CROM Coatings and Restorations ("CCR"), a Divis,on of CROM, LLC, proposes to provide labor and material
for the coatings of the prestressed concrete tank for Indian River County, 1800 27th Street, Vero Beach,
Florida 32960 ("Client"). All work will be completed in accordance with all applicable codes and standards
including OSHA, AWWA, ACI and standard prestressed concrete tank design.
1. COMMENCEMENT AND COMPLETION
Upon your execution of this proposal, CCR will be prepared to start work 30 days after approval of our
submittal information; and will undertake to furrish sufficient labor, materials, and equipment to complete
the work within approximately 8 Crew Weeks working time thereafter.
In the event Client desires to execute a separate agreement, such agreement shall include this proposal and
all the conditions herein unless both parties agree in writing to specifically omit any condition, in writing,
specifically referencing the omitted condition(s).
In the event that CCR cannot start the job by July 26, 2021 because of delays of any nature which are
caused by the Client or other contractor employed by him or other circumstances over which CCR has no
control, then the contract price may be renegotiated to reflect any increased costs.
2. SERVICES TO BE FURNISHED BY CROM COATINGS AND RESTORATIONS
CCR proposes to furnish all supervision, labor. material, and equipment required to complete the work,
except as noted in Paragraph 5. The services to be furnished by CCR are specifically:
This scope of work is to be performed on the following tank:
• 500,000 -Gallon Ground Storage Tank
60'-0" ID x 23'-6" SWD
(CROM Job No. 2009-M-015)
a. Mobilize crew, materials, and equipment to jobsite.
b. Tank Inspection:
(1) Foundation and Wall Exterior:
(a) Wall foundation or footing, if exposed (dips, damp spots, bearing and/or joint filler pads, if
present, and gap between wall and s�bgrade or wall and footing)
(b) Check for cracks
(c) Check architectural finish coating (paint)
(d) Manhole (cover, frame, bolts, and gasket)
250 S.W. 36TH TERRACE 1 GAINESVILLE, FLORIDA 1 32607-2889
PHONE 352.372.3436 I FAX 352.372.6209 1 WWW.CROMCORR..COM ((��G
CHATTANOOGA, TN - FORT MYERS, FL - GAINESVILLE, FL - RALEIGH, NC - WEST PALM AMI -1, FL
(e) Pipe sleeves, if present (frame and seal by modular, mechanical type, interlocking, synthetic
rubber "link" units)
(f) Ladder (risers, rungs, wall brackets, all connections including welds, fasteners, and safety rail)
(g) Liquid level indicator, if present (fiberglass board, target, wall brackets, connections, fasteners,
cables, float, pulleys, and mechanism)
(2) Dome Exterior:
(a) Check for cracks and hollows
(b) Check architectural finish coating (paint)
(c) Ventilator if present (screens, fasteners, and caulking)
(d) Handrail, if present (rails, posts, toe -boards, flanges, brackets, all connections including welds,
and fasteners)
(e) Hatch, if present (precast concrete cu -b, fiberglass cover, insect barriers, hasp, fasteners, and
mechanism)
(f) Aerator, if present (screens, fiberglass, bolts)
(g) Overflows, if present (precast concrete, screens, fasteners, and caulking)
(h) Pipe penetrations, if present (frame and seal by modular, mechanical type, interlocking, synthetic
rubber "link" units)
(3) Wall Interior:
(a) Check for cracks
(b) Ladder (risers, rungs, wall and base brackets, braces, connections, fasteners, and safety rail)
(c) Baffle walls/curtains, if present,
(4) Floor Interior:
(a) Check for cracks (note size and length)
(b) Pipes (encasements, coatings, support brackets, and bolts)
(c) Waterstop, if applicable. (irregularities, holes, encasement)
(d) Gap between wall and waterstop, if applicable
(5) Dome Interior:
(a) Check for damage from hydrogen sulfide attack
(b) Check for cracks (note size and length)
c. Interior Concrete Side Walls and Floor Coatings Application:
(1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble
contaminants from the substrate.
(2) Ultra high water blast at a minimum of 20,000 psi to remove existing coatings, laitance, curing
compounds, and other foreign contaminants from the substrate while achieving a surface profile equal
to ICRI-CSP5.
(3) Resurface with Tnemec Series 218 Mortarclad at a minimum rate of 1/16 -inch.
(4) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT.
(5) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT.
(6) Perform high voltage holiday testing.
106
(7) Tank disinfection in accordance with AWWA C652.
d. Optional Add On No. 1: Interior Concrete Dome Coatings Application
(1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble
contaminants from the substrate.
(2) Ultra high water blast at a minimum of 20,000 psi to remove existing coatings, laitance, curing
compounds, and other foreign contaminants from the substrate while achieving a surface profile equal
to ICRI-CSP5.
(3) Resurface with Tnemec Series 218 Morta,clad at a minimum rate of 1/16 -inch.
(4) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT.
(5) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT.
(6) Perform high voltage holiday testing.
e. Optional Add On No. 2: Interior Piping Coatings Application
(1) Pressure wash at a minimum of 3,500 psi to remove salts, dirt, dust, grease, oil, and other soluble
contaminants from the substrate.
(2) Abrasive blast to remove existing coatings, rust, corrosion, and other foreign contaminants from the
substrate while achieving a minimum angular anchor profile of 3.0 mils.
(3) Apply a prime coat of Tnemec Series 120-5002 Vinester at 15.0-18.0 mils DFT.
(4) Apply a finish coat of Tnemec Series 120-5001 Vinester at 15.0-18.0 mils DFT.
f. Optional Add On No. 3: Addition of Wall Pipes
(1) Addition of 4 — 8" SS FLG-FLG Wall Pipes through tank wall at manhole elevation.
3. MATERIALS AND SERVICES FURNISHED BY CLIENT OR OTHERS
It is understood that the following services shall be provided by others without expense to CCR:
a. Client will grant or obtain free access to the site for all equipment and personnel necessary for CCR to
perform the work set forth in this Proposal. The Client will notify any and all processors of the project site
that Client has granted CCR free access to the site. CCR will take reasonable precautions to minimize
damage to the site, but it is understood by Client that, in the normal course of work, some damage may
occur, and the correction of such damage is no. part of this Agreement unless so specified in the Proposal.
b. The Client is responsible for the accuracy of locations for all subterranean structures and utilities. CCR will
take responsible precautions to avoid known subterranean structures, and the Client waives any claim
against CCR, and agrees to defend, indemnify, and hold CCR harmless from any claim or liability for injury
or loss, including costs to defend, arising from damage done to subterranean structures and utilities not
identified or accurately located. In addition, Client agrees to compensate CCR for any time spent or
107
4
expenses incurred by CCR in defense of any such claim with compensation to be based upon CCR's
prevailing fee schedule and expense reimbursement policy.
c. A continuous supply of potable water under minimum pressure for the use of the CCR crew within 100 feet
of the tank site.
d. A continuous supply of electricity during the period of work: one 100 -AMP, 110/220 -volt service for the
operation of our power tools and accessories, located not more than 100 feet from the tank. Please be sure
that all circuit breakers are ground -fault protected. If it is necessary for CCR to supply its own electric
power, add $500.00 per week to the contract amount.
e. Any permit or other fees from any AHJ as may be required for the work including but not limited to all
connect/disconnect, impact and building/cons-ruction fees.
f. Drainage and disposal of the tank's contents.
g. Refilling of the tank's contents.
h. Cleaning the exterior of the tank and accessories.
i. Complete lock -out and tag -out of the subject tank prior to personnel entering the tank. The Client will be
required to provide all materials for this process. The Client will be responsible for demonstrating to CCR
that the lock -out procedure is complete and the tank is rendered "safe" before CCR will perform air quality
testing to enter the tank.
j. All professional engineering design services.
QUOTATION
We are prepared to carry out this work in accordar;ce with the foregoing for the lump sum price of:
Mobilization: $ 2,000.00
Tank Inspection: $ 3,500.00
Surface Preparation: $ 48,000.00
Resurfacing: $ 37,750.00
Coatings Application: $ 49,000.00
Disinfection: $ 500.00
Total: $140,750.00
Optional Add On No. 1: Interior Dome
Surface Preparation: $ 20,300.00
Resurfacing: $ 16,000.00
Coatings Application: $ 20,225.00
Optional Add On No.1 Total: $ 56,525.00
Optional Add On No. 2: Interior Piping
Surface Preparation: $ 2,520.00
108
Coatings Application: $ 2,905.00
Optional Add On No.2 Toial: $ 5,425.00
Optional Add On No. 3: Wall Pipe Addition
Wall Pipe Addition (4 total): $ 50,000.00
Optional Add On No.3 Total: $ 50,000.00
If a bond is required for the Scope of Work included in this contract, CCR will furnish a one-year Performance
and Payment Bond. The cost of this bond is not included in our price. Please add $9.00 per $1,000 of contract
value.
Sincerely,
CROM COATINGS AND RESTORATIONS
Joseph Walsh
Project Manager
/mkk
ACCEPTED BY CLIENT
PRINT:
TITLE:
DATE:
lqe�_
Robert G. Oyenarte, PE
President
109
EXHIBIT A
Purchase Order # OOOXXXXX-XX
BY ACCEPTING THIS ORDER
SELLER AGREES TO THE FOLLOWING TERMS AND CONDITIONS
1 ACCEPTANCE OF PURCHASE ORDER. A Purchase Order is given for immediate acceptance by the Seller. Unless
promptly notified to the contrary, the County will assume the Seller accepts the order as written and will make delivery
as specified on the document.
2 ENTIRE AGREEMENT. All specifications, drawings, and data submitted to the Seller with this order or the solicitation for
this order are hereby incorporated herein and made a pa=t hereof. This contract contains the entire agreement of the
parties. No change in quantities, prices, specifications, terms, or shipping instructions will be allowed except on written
authority of the Indian River County Purchasing Department. Any additional or different terms and conditions proposed
by Seller are objected to and hereby rejected unless specifically agreed to by the County.
3 INDEMNIFICATION. The Seller hereby agrees to indemnity, save, and hold harmless the County from all claims,
demands, liabilities and suits of any nature whatsoever arising out of, because of or due to the breach of the Agreement
by the Seller, its agents or employees, or due to the extent of any negligent, reckless or intentionally wrongful act or
occurrence of omission or commission of the Seller, its agents or employees. It is specifically understood and agreed
that this indemnification agreement does not cover or indemnify the County for its own negligence or breach of contract.
The County's liability is restricted to the limits set forth in section 767.28, Florida Statutes.
4 MODIFICATION. The County may, by written Order, make changes in the specifications if such changes are within the
general scope of the Contract. If such changes cause an increase or decrease in the Seller's cost or in the time required
for performance of the Contract (a) the seller shall promply notify the County and assert its claim for adjustment within
fifteen (15) calendar days and (b) an equitable adjustment shall be made by the County and the Contract modified
accordingly. Nothing in this clause shall excuse the Seller from performing. Seller does not assume responsibility for
differing, changed, latent, or concealed conditions, or the fault of others, and not caused by Seller's own fault or
negligence.
5 DEFAULT. Time is of the essence of this contract and if delivery of acceptable items or rendering of services is not
completed by the time promised, the County reserves the right without liability in addition to its other rights and remedies,
to terminate this contract by notice effective when received by Seller, as to stated items not yet shipped or services not
yet rendered, and to purchase substitute items or services elsewhere and charge the Seller with any and all losses
incurred.
6 TRANSPORTATION CHARGES. Transportation expenses for all shipments shall be prepaid to destination.
Shipments sent C.O.D. or freight collect without the County's written consent will not be accepted and will at Seller's
risk and expense be returned to Seller. No charges will be allowed by the County for transportation, packing, cartage,
or containers unless otherwise authorized in the Purchase Order.
7 UNAVOIDABLE DELAY. If the Seller is delayed in the delivery of goods purchased under the Purchase Order by a
cause beyond its control, Seller must immediately upon receiving knowledge of such delay give written notice to the
County and request an extension of time. The County shall examine the request and determine if the Seller is entitled to
an extension.
8 QUANTITY. Quantities furnished in excess of those specified in the Purchase Order will not be accepted and will be
held at Seller's risk and expense.
9 INSPECTION. Materials or equipment purchased are subject to inspection and approval at the County's destination.
The County reserves the right to reject and refuse acceptance of items which are not in accordance with the instructions,
specifications, drawings, or data of Seller's warrarty (express or implied). Rejected materials or equipment shall be
removed by, or at the expense of the Seller promptly after rejection.
10 WARRANTY. Seller will guarantee its workmanship and materials of its Work covered in this revised proposal for a
period of one (1) year after completion of its Work. The Seller warrants that all goods and services furnished hereunder
will conform in all respects to the terms of this order, including any drawings, specifications, or standards incorporated
herein, and that they will be free from latent and patent defects in materials, workmanship, and title, and will be free from
such defects in design in addition. Seller warrants that said goods and services are suitable for, and will perform in
accordance with, the purpose for which they are purchased, fabricated, manufactured and designed or for other
purposes as are expressly specified in this order. The Conty may return any nonconforming or defective items to the
Seller or require corrections or replacement of the item at 7he time the defect is discovered, all at the Seller's risk and
expense. Acceptance shall not relieve the Seller of its responsibility. Seller's warranty is limited to defects in Seller's
workmanship and materials, excluding inspections, cleanings and disinfection services.
11 REGULATORY COMPLIANCE. Seller represents and warrants that the goods or services furnished hereunder
(including all labels, packages and container for said goods) comply with all applicable standards, rules, and regulations
in effect under the requirements of all Federal, State, and local laws, rules, and regulations as applicable, including the
Occupational Safety and Health Act as amended with respect to design, construction, manufacture or use for their
intended purpose of said goods or services. Seller shall furnish "Material Safety Data Sheets" in compliance with Florida
Right To Know Law, Florida Statues. Chapter 442.
12 ROYALTIES AND PATENTS. Seller shall pay all royalties and license fees. Seller shall defend all suits or claims
for infringement of said patent, copyright or trademark rights and shall save the County harmless from loss on
account thereof.
13 INSURANCE. The Seller shall maintain insurance as specified in Administrative Policy Manual Section 1000.6 or as
110
otherwise required by the County.
14 PAYMENT. Payments will be made in accorda.ice with Florida local government Prompt Payment Laws (FS
218.735), or as is stated in the terms on the face of this order, Net 30, or the Seller's invoice, whichever are more
favorable to the County. Payment date shall be calculated from the receipt of invoice or final acceptance of the
goods, whichever is.earliest.
15 IDENTIFICATION. Invoices in duplicate with prices set out and giving the correct Purchase Order Number must be
sent to the address shown on the face of this order; otherwise payment of the Seller's account may be delayed. The
Purchase Order Number shall appear on all invoices, boxes, packages, shipping documents, and correspondence, and
the list of contents shall be enclosed in each box or package.
16 TERMINATION. Buyer may, at any time, terminate this order in whole or in part by written or telegraphic notice or
verbal notice confirmed in writing. Upon termination for convenience of Buyer, the Buyer will assume responsibility for
specific contractual or scheduled financial commitments made prior to notice of termination, Any and all services,
property, publications, or materials provided during or resulting from the Contract shall become the property of the
Buyer. If, however termination is occasioned by the Selle-'s breach of any condition hereof, including breach of
warranty, or by Seller's delay, except due circumstances beyond the Seller's control and without Seller's fault or
negligence, Seller shall not be entitled to any claim or costs cr to any profit referred to in said clause, and Buyer shall
have against Seller all remedies provided by law and equity.
17 TAXES. Indian River County is exempt from State and local taxes. Exemption number is printed on the
reverse side hereof. This Order shall serve as the exemption certificate.
18 LAW GOVERNING. This contract shall be governed by and continued according to the laws of State of Florida.
11