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10/05/2021 (3)
ER cp 0010 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 5, 2021 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Chairman, Joseph E. Flescher, District 2 Jason E. Brown, County Administrator Vice Chairman, Peter D. O'Bryan, District 4 Dylan Reingold, County Attorney Commissioner Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FURST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Jeremy Rebman, First United Methodist Church 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing the Month of October, 2021, as National Domestic Violence Awareness Month Attachments: Proclamation 5.13. Presentation of Proclamation Designating October, 2021, As Manufacturing Month In Indian River County, Florida Attachments: Proclamation October 5, 2021 Page 1 of 6 5.C. Presentation of Proclamation - Recognizing October, 2021 as Vaping Awareness Month Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 06, 2021 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Venue Event Calendar Review Attachments: Venue Event Review Calendar 7.B. Planning & Zoning Commission - District 5 Appointee Attachments: Memorandum S. CONSENT AGENDA 8.A. Checks and Electronic Payments September 3, 2021 to September 9, 2021 Attachments: Finance Department Staff Report 8.B. Checks and electronic payments September 10, 2021 to September 16, 2021 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments September 17, 2021 to September 23, 2021 Attachments: Finance Department Staff Report 8.D. Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. Attachments: Staff Report COPCN Renewal Application -SRA 8.E. Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. Attachments: Staff Report COPCN Application- The Arc of Indian River County 8.F. Consideration of Notice of Intent to Sell from Padgett Creek, LLC and the County's First Negotiation Rights to Acquire Property Under County's Conservation Easement. Attachments: Staff Report Deed of Conservaticn Easement October 5, 2021 Page 2 of 6 8.G. Project: Magnolia Court at Waterway Village PD Pods H, I, J, Request for 2 -Year Extension to Final Lift of Asphalt Contract, Developer: DiVosta Homes, L.P. Attachments: Staff Report Letter Request for Extension Modification to Contract Exhibit A - Cost Estimate 8.H. Final Pay to Boromei Construction, Inc. for Data Flow System Antenna and Tower Replacement Attachments: Staff Report Final Pay Application 8.I. Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Attachments: Staff Report Second and Final Extension 8.J. Second Amendment of License Agreement with Sea Oaks Property Owners Association Inc. Attachments: Staff Report Second Amendment of License Agreement 8.K. IRC Courthouse Parking Garage Rehabilitation (1801A), Project Closeout and Change Order No. 1 Attachments: Staff Report Change Order No. 1 Closeout Offer 8.L. Renewal and Amendment No. 1 to Agreement for Continuing Environmental and Biological Support Services RFQ9 2017053, IRC -1720 Attachments: Staff Report Ecological Associates, Inc. Renewal and Fee Schedule Environmental Science Associates Renewal and Fee Schedule G.K. Environmental, Inc. Renewal and Fee Schedule Kimley-Horn & Associates, Inc. Renewal and Fee Schedule 8.M. Sector 5 Beach and Dune Res -.oration Project (IRC1923) APTIM, Work Order No. 2018029-9, Year I Post -Construction Engineer Monitoring Report Attachments: Staff Report Work Order No 2018029-9 execution agreement APTIM Work Order No. 2018029-9 October 5, 2021 Page 3 of 6 8.N. Amendment Ito Work Order No. MM -2, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS), IRC -2107 Attachments: Staff Report Amendment 1 to WO MM -2 8.0. Second Extension to Unifirst Customer Service Agreement Attachments: Staff Report Second Extension and Amendment 8.P. Approval of Agreement with C.W. Roberts Contracting, Inc. for Asphalt Paving and Resurfacing Attachments: Staff Report CWR Agreement S.Q. Adoption of Revised Building Permit Fee Schedule, Increasing Permit Fee Valuation Factor by Ten Percent Attachments: Staff Report Resolution Appendix A 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Paul L. Westcott re: Potential Vaccination Mandate Attachments: Public Discussion Request Westcott C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Indian River County, St. Lucie County and Martin County Joint Board Meeting Attachments: Staff Report - TriCounty Meeting Resolution for TriCounty Meeting 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology October 5, 2021 Page 4 of 6 F. Office of Management and Budget G. Public Works 12.G.1. Native Garden Configuration, County Administrative Building A Attachments: Staff Report L1 -Proposed Native Plant Garden Configuration L2 -Proposed Native Plant Garden Configuration H. Utilities Services 12.H.1. Utility Accounts Receivable Bad Debt Follow Up and Potential Foreclosure Activity Attachments: Staff Report 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.B.1. Update on Status of No Discharge Zones in Indian River County and Indian River Lagoon Attachments: Memorandum Attachment - Email from Janet Zimmerman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Request for General Funds - PACE Project and Other Community Projects FY2021-22 Attachments: Staff Report Letter from Health Department 15.B.2. Work Order No. 43 to Kmley-Horn for the Solid Waste Disposal District Annual Financial Reports Attachments: Staff Report Work Order No 43 - KHA C. Environmental Control Board October 5, 2021 Page 5 of 6 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a. m. until 5:00 p. m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00p. m October 5, 2021 Page 6 of 6 PROCLAMATION RECOGNIZING THE MONTH OF OCTOBER, 2021, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, each day in America, four women are murdered by their intimate partners; and WHEREAS, each day in America, an average of twenty people every minute are abused by their intimate partners; and WHEREAS, one -in -three American women and one -in -four men have experienced some form of intimate partner violence; and WHEREAS, National Domestic Violence Awareness Month provides all Americans the opportunity to recommit to ensuring that every relationship be violence -free; and WHEREAS, in Indian River County, SafeSpace, Incorporated, joins forces with law enforcement, victim service programs, criminal justice officials, social service organizations, and concerned citizens to fight domestic violence and provide all domestic violence victims a safe place where they can live with respect, resources, restoration, and justice; together, their commitment and compassion help to ensure that our community steps forward to support domestic violence victims in need. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the Board recognizes the month of October, 2021, as National Domestic Violence Awareness Month, advocates for relationships rooted in trust, respect, and equality; and expresses our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 5th day of October, 2021. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss 1 PROCLAMATION DESIGNATING OCTOBER, 2021, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, October 1, 2021, is National Manufacturing Day, the kick-off to Manufacturing Month, recognizing the manufacturing industry as vital to the health of our County, the State of Florida, and our entire nation; and WHEREAS, manufacturing is one of the cornerstones of our local economy, helping to sustain our quality of life as well as foster a solid and diversified tax base in Ind an River County; and WHEREAS, as our local, state and national economies continue to recover from the devastating effects of the COVID-19 pandemic, a healthy and sustainable economy is crucial to these efforts; and WHEREAS, manufacturing provides 2,230 high -wage and high -skill jobs in Indian River County, with 134 manufacturing firms paying an average annual wage of $51,500, higher than our current average wage of $43,900; and WHEREAS, we join the Indian River County Chamber of Commerce, the Treasure Coast Manufactures Association, local educators and the many volunteers in supporting the Manufacturing Boot Camp program, encouraging students and young adults to consider manufacturing as a career pathway; and WHEREAS, all residents are encouraged to take time to acknowledge Indian River County manufacturers, and their employees, for the positive economic impact they have in our County, the State of Florida, and our nation. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2021, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. BOARD OF COUNTY COMMISSIONERS, Adopted this 5t" day of October, 2021. INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph Earman Laura Moss 2 Proclamation RECOGNIZING OCTOBER, 2021, AS VAPING AWARENESS MONTH WHEREAS, the federal government has declared youth e -cigarette use, or "vaping," a nationwide epidemic, as vaping has increased dramatically across the country and in Florida; and WHEREAS, in 2020, The Florida Youth Tobacco Survey by the Florida Department of Health, Bureau of Epidemiology revealed that 21.6 percent of high school students and 8.1 percent of middle school students used e -cigarettes; and WHEREAS, e -cigarettes are especially unsafe for kids, teens, and young adults due to their highly -addictive nicotine content, and developing young brains are more vulnerable to its effects, including reduced impulse control, deficits in attention and cognition, and mood disorders; and WHEREAS, e -cigarette aerosol is not harmless water vapor, and the aerosol that users breathe and exhale from these devices can contain harmful substances, including cancer-causing chemicals and heavy metals such as nickel, tin, and lead; and WHEREAS, the focus of October, 2021, Vaping Awareness Month is to put accurate information about youth and adult e -cigarette use into the hands of our citizens, an important step to reversing this alarming trend in Indian River County; and WHEREAS, Indian River County is advancing the goals and objectives of Vaping Awareness Month through a variety of public health activities, including town hall -style presentations, "vape-free" pledge drives at local middle and high schools, and other collaborative vaping-prevention efforts between the School District and the Substance Awareness Center. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that October, 2021, be recognized as Vaping Awareness Month in Indian River County. Adopted this 5th day of October, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Joseph H. Earman Laura Moss 3 gIVE$ az � * r �LORIOQ' Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Youth Winter Basketball Registration! Oct - Nov 12 @ iG Center or Online!: - Get your 4-15 year old child registered for Youth Basketball! $45 per child! National Night Out! by IRCSO Oct 6 @ iG Center / Wiggins Field • 4-7pm: Free Food, games & fun! K9 demo, live music, face -painting, Police & Fire Vehicles! Twilight Night Shoots! Oct - Thursdays @ IRC Shooting Range and Clays Facility • 5-9pm- Night Shooting is BACK by Popular Demand at the Shooting Range! FREE Mind Your Health Speaker Series by the Mental Health Assoc. of IRC Oct 7 @ iG Center: www.MHAIRC.org • 5:15-6:15pm, Part 1 of a 5 Part Speaker Series. RSVP Required. School Choice Expo by the IRC School Disctrict Oct 9 @ iG Center: www.indianriverschools.org • 10am-lpm: Meet with local schools about what they offer and availability. Free Event. Treasure Coast Marine Flea Market and Boat Show www.FLNauticalFleaMarket.com Oct 9-10 @ IRC Fairgrounds: • 9am-5pm: $7 per person Marine Expo, Nautical Flea Market, Seafood Festival Meet n Greet with Corey L. Mills, Manga Author & Artist Oct 13 @ Brackett Library: • 5:30-7pm: Meet Manga Author & Artist Corey Mills at Brackett Library! No registration needed. FREE Intro to Pickleball Class! Oct 13 & 25 @ iG Center: Monday - 12:30-1:45pm: Learn the basics about Pickleball from Derek at the iG Center! FREE Active Adult Speaker Series by IRC Senior Collaborative, Shine & IRC Parks & Rec. Oct 13 @ iG Center or via ZOOM Online!: www.ircgov.com/parksandrecreation • 3-4:30pm, Part 1 of a 6 Part Series. Today's Topic will be Medicare Open Enrollment. FREE Residential Paper Shredding Event www.IRCRecycles.com Oct 16 @ Southeast Secure Shredding: • 8am-lpm: 3910 US Hwy 1. FREE Event! Contact Sue at 226-3206 3T - CCW (Concealed Carry Weapon) Course www.33-tactical.com Oct 16 @ IRC Shooting Range: 4 • 9am - 33 Tactical Group provides a 4 hour online portion and a 2 hour Range portion. The Great Halloween Costume Swap! Oct 16 @ IRC Main Library: Saturday • 1-3pm: Bring gently used costumes in Sept and receive Swap Tickets. Call Jessica 400-6310 Micro Wrestling Returns to Vero Beach, FL! www.MicroWrestling.com Oct 16 @ IRC Fairgrounds: • 9am-5pm: This show is all-ages! Single Matches, Micro Brawl and Micro Royal Rumble. VNA"Drive Thru"Health Fair www.VNATC.com Oct 20 @ IRC Fairgrounds: • 9:30am-3pm: Drive through Health Fair by the "Visiting Nurse Association" VNA Basic Firearms Use & Safety/Concealed Course www.femmefataleanns.com Oct 21 @ IRC Shooting Range: • 9:30am - Course by Femme Fatale Arms / Richard Dockery, $145 per person. Children's Halloween Party! Oct 21 @ IRC Main Library: • 6-7pm: Costume Parade, Fun Games and Activities for children all ages. No registration. Free! IRC Charter High School Homecoming Dance Oct 23 @ iG Center: • 8-1lpm- Homecoming High School Dance will be held at the iG! Ghost in a Jar! Children's Craft Workshop Oct 27 @ Brackett Library: • 6-7pm: Make ghost in ajar decoration! Registration required. For 1st-5th Graders. Free! Lost Tree Island Conservation - Public Meeting Oct 27 @ iG Center: • 6-7:30pm- Inform the locals about the ecological plan for Lost Tree Island. FREE Outdoor Movie and Trunk er Treat Event! Featuring "The GOONIES" Oct 29 @ iG Center: Friday www.ircgov.com/parksandrecreation • 6pm Trunk er Treat, 7:15pm Movie: No Registration for Trunk er Treat. Must Register for Movie. St. Edward's Cross Country Meet! Oct 30 @ Fairgrounds • 6-1 lam: St. Ed's will be hosting their Cross Country Meet at the IRC Fairgrounds! Hunter Education Class & Skills Day! Brought to you by My FWC Oct 30 @ IRC Shooting Range: Saturday www.myFWC.com • 9am-3pm: Must complete the Online Hunter Education course prior to the Skills Day. Commissioner O'Bryan's: S. County Community Meeting Nov 1 @ iG Center - Rm. 112A: • 5:30-7pm- One on one with Commissioner Peter O'Bryan. 5 CCW (Concealed Carry Weapon) Course www.luanntraininggroupllc.teamapp.com Nov 6 @ IRC Shooting Range: - 9am - LuAnn Moyer Training Group Gun Show by Patriot Productions www.patriotproductions.com Nov 6-7 @ IRC Fairgrounds: - 1 Oam-5pm, SAT & 1 Oam-4pm SUN. Admission is $8. Rat Pack Flashback Concert with Dave Deluca! Nov 9 @ North County Library - 6-7pm: The music of Dino, Frank and Sammy with Dave Deluca! Free Event! FREE Intro to Pickleball Class! Nov 10 & 22 @ iG Center - 12:30-1:45pm: Learn the basics about Pickleball from Derek at the iG Center! FREE Active Adult Speaker Series by IRC Senior Collaborative, Shine & IRC Parks & Rec. Nov 10 @ iG Center or via ZOOM Online!: www.ircgov.com/parksandrecreation - 3-4:30pm, Part 2 of a 6 Part Series. Today's Topic will be Fraud Protection w/ IRCSO. RememberThen Concert: Jukebox hits of the 50's, 60's and 70's with Dave Deluca! Nov 10 @ Brackett Library - 7-8pm: Jukebox Hits with Dave Deluca! Free Event! Vero Beach Arts and Crafts Expo! by Patriot Productions www.patriotproductions.com Nov 13-14 @ IRC Fairgrounds: - 9am-5pm, SAT & SUN. Santa Calling Registration Begins! Nov 10 @ iG Center or Online!: www.ircgov.com/parksandrecreation - Registeration ends Dec 15th in order to recieve your FREE Phone Call from Santa. CCA Coastal Conservation Assoc. Annual Banquet and Auction! Nov 18 @ iG Center - Details to come. 6 October 05, 2021 ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 29, 2021 SUBJECT: Planning & Zoning Commission — District 5 Appointee FROM: Laura Moss Commissioner, District 5 Informational Item: Mr. Harry Howle retired from his position on the Planning and Zoning Commission, and I shall take this opportunity to thank him for his service. It is with great pleasure that I announce the appointment of Mr. Mark Mucher as the new District 5 Representative on the Planning and Zoning Commission effective immediately. Mr. Mucher brings to this position the benefit of his nineteen years of experience on the Planning and Zoning Board for the City of Vero Beach, as well as, a long business career spanning the continents. 7 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 9, 2021 I &� CNIPT i y�/�fR COUNYyfy SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 3, 2021 to September 9, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 3, 2021 to September 9, 2021. CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 413539 09/03/2021 PLAZA RESORT & SPA 212.00 413540 09/03/2021 ELIZABETH POWELL 189.00 413541 09/03/2021 WENDY SWINDELL 161.00 413542 09/03/2021 RESIDENCE INN ORLANDO SEAWORLD 297.00 413543 09/03/2021 MICHAEL THORNE 100.80 413544 09/03/2021 SUSAN ADAMS 94.51 413545 09/03/2021 RACE TO SAFETY TRAINING LLC 199.00 413546 09/03/2021 LINDA CAGGIANO 100.00 413547 09/03/2021 LAURA MATTHES 94.01 413548 09/03/2021 JOSEPH WALLS 6.94 413549 09/03/2021 HACH CO 832.96 413550 09/03/2021 K & M ELECTRIC SUPPLY 34.84 413551 09/03/2021 AT&T CORP 1,273.52 413552 09/03/2021 AT&T CORP 1,525.06 413553 09/03/2021 FLORIDA WATER & POLLUTION CONTROL 30.00 413554 09/03/2021 ADMIN FOR CHILD SUPPORT ENFORCEMENT 39.07 413555 09/03/2021 NORTH CAROL NA CHILD SUPPORT 105.69 413556 09/03/2021 AMERITAS 32,916.58 413557 09/03/2021 UNIFIRST CORPORATION 18.76 413558 09/03/2021 TOTAL ADMINISTRATIVE SERVICES CORP 1,761.76 413559 09/03/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 413560 09/03/2021 LIBERTY TIRE RECYCLING LLC 2,747.09 413561 09/03/2021 PIVOTAL UTILITY HOLDINGS INC 13.25 413562 09/03/2021 LUIS C. CORREA TORRES 5,490.39 413563 09/09/2021 RICOH USA INC 39.08 413564 09/09/2021 HENRY SCHEIN INC 1,191.15 413565 09/09/2021 AT&T WIRELESS 43.23 413566 09/09/2021 AT&T WIRELESS 136.29 413567 09/09/2021 BOUND TREE MEDICAL LLC 2,245.16 413568 09/09/2021 MOTION INDUSTRIES INC 1,101.74 413569 09/09/2021 CALL ONE INC 256.00 413570 09/09/2021 CITY ELECTRIC SUPPLY COMPANY 131.56 413571 09/09/2021 ABCO GARAGE DOOR CO INC 144.00 413572 09/09/2021 BRANDTS APPLIANCE SERVICE INC 94.00 413573 09/09/2021 J W FISHER MFG INC 587.00 413574 09/09/2021 CITY OF VERO BEACH 427.78 413575 09/09/2021 AT&T CORP 657.74 413576 09/09/2021 FEDERAL EXPRESS CORP 379.10 413577 09/09/2021 TYLER TECHNOLOGIES INC 7,871.00 413578 09/09/2021 FLORIDA POWER AND LIGHT 2,497.89 413579 09/09/2021 MELECH BERMAN 5,100.00 413580 09/09/2021 COMPLETE ELECTRIC INC 392.50 413581 09/09/2021 SHERILEE D PARSELL 499.10 413582 09/09/2021 KEEP INDIAN RIVER BEAUTIFUL INC 2,615.05 413583 09/09/2021 CELICO PARTNERSHIP 3,531.02 413584 09/09/2021 THE SHERWIN WILLIAMS CO 1,015.72 413585 09/09/2021 MBV ENGINEERING INC 14,850.00 413586 09/09/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 77.00 413587 09/09/2021 FLORIDA CHAPTER OF URISA 25.00 413588 09/09/2021 SCHUYLER LOVESTRAND 66.45 413589 09/09/2021 ENVIRONMENTAL CONSERVATION LABORATORIES INC11,525.00 413590 09/09/2021 NICOLACE MARKETING INC 2,231.00 413591 09/09/2021 WINSUPPLY OF VERO BEACH 284.66 413592 09/09/2021 WELLS FARGO BANK 34.46 413593 09/09/2021 THOMAS & JOSEPHINE MARIN 100.00 413594 09/09/2021 VERO BEACH NVESTMENTS LLC 5,250.00 413595 09/09/2021 CARDINAL HEALTH 110 INC 535.16 413596 09/09/2021 MUNICIPAL EMERGENCY SERVICES INC 17,003.48 9 TRANS NBR DATE VENDOR AMOUNT 413597 09/09/2021 MAJESTY TITLE SERVICES, LLC 80.88 413598 09/09/2021 DECKMASTERS LLC 1,350.00 413599 09/09/2021 KRAUS ASSOCIATES INC 23,944.60 413600 09/09/2021 SOUTHERN MANAGEMENT LLC 6,942.75 413601 09/09/2021 KESSLER CONSULTING INC 2,286.25 413602 09/09/2021 VAL APTS LLC 5,850.00 413603 09/09/2021 UNIFIRST CORPORATION 42.33 413604 09/09/2021 CDA SOLUTIONS INC 125.00 413605 09/09/2021 DISTINCTIVE LANDSCAPE MANAGEMENT 5,219.96 413606 09/09/2021 COLE AUTO SUPPLY INC 934.96 413607 09/09/2021 BELSITO COMMUNICATIONS INC 85.00 413608 09/09/2021 RHOADES AIR & HEAT 371.00 413609 09/09/2021 BOWMAN CONSULTING GROUP LTD 1,544.50 413610 09/09/2021 CSMA BLT LLC 8,490.00 413611 09/09/2021 AMAZON CAPITAL SERVICES INC 64.18 413612 09/09/2021 TREASURE COAST PLUMBING LLC 636.75 413613 09/09/2021 PIRATE PEST CONTROL LLC 9.00 413614 09/09/2021 AMERIGAS PROPANE LP 164.00 413615 09/09/2021 BENEFIT EXPRESS SERVICES LLC 5,771.65 413616 09/09/2021 JORDAN POWER EQUIPMENT CORP 44.50 413617 09/09/2021 LIBERTY TIRE RECYCLING LLC 4,453.88 413618 09/09/2021 SAFEWARE INC 615.79 413619 09/09/2021 DESK SPINCO INC 1,846.01 413620 09/09/2021 MILTON MAYBERRY ENTERPRISES INC 380.50 413621 09/09/2021 LOWES COMPANIES INC 42.57 413622 09/09/2021 J-MAC CLEANING SERVICES INC 4,833.33 413623 09/09/2021 CENLAR FSB 4,500.00 413624 09/09/2021 ELMDALE PROPERTY MANAGEMENT LLC 9,800.00 413625 09/09/2021 PEMBERLY PALMS HH LLC 5,691.00 413626 09/09/2021 TAKING GROUND LAWN & LANDSCAPE INC 200.00 413627 09/09/2021 THOMAS L PEASE 7,800.00 413628 09/09/2021 EZAS INVESTMENTS LLC 10,500.00 413629 09/09/2021 15TH-16TH AVE SW VERO LLC 10,500.00 413630 09/09/2021 MARY S SERVEY 6,480.00 413631 09/09/2021 GRIFF GO LLC 10,000.00 413632 09/09/2021 UTIL REFUNDS 340.29 413633 09/09/2021 UTIL REFUNDS 86.02 413634 09/09/2021 UTIL REFUNDS 89.52 413635 09/09/2021 UTIL REFUNDS 23.68 413636 09/09/2021 UTIL REFUNDS 43.49 413637 09/09/2021 UTIL REFUNDS 66.42 413638 09/09/2021 UTIL REFUNDS 34.75 413639 09/09/2021 UTIL REFUNDS 40.97 413640 09/09/2021 UTIL REFUNDS 75.04 413641 09/09/2021 UTIL REFUNDS 65.18 413642 09/09/2021 UTIL REFUNDS 39.16 413643 09/09/2021 UTIL REFUNDS 18.12 413644 09/09/2021 UTIL REFUNDS 48.51 413645 09/09/2021 UTIL REFUNDS 40.42 413646 09/09/2021 UTIL REFUNDS 21.32 413647 09/09/2021 UTIL REFUNDS 80.56 413648 09/09/2021 UTIL REFUNDS 76.71 413649 09/09/2021 UTIL REFUNDS 49.09 413650 09/09/2021 UTIL REFUNDS 67.73 413651 09/09/2021 UTIL REFUNDS 81.08 413652 09/09/2021 UTIL REFUNDS 62.77 413653 09/09/2021 UTIL REFUNDS 21.47 413654 09/09/2021 UTIL REFUNDS 30.58 413655 09/09/2021 UTIL REFUNDS 219.48 413656 09/09/2021 UTIL REFUNDS 38.70 10 TRANS NBR DATE VENDOR AMOUNT 413657 09/09/2021 UTIL REFUNDS 37.73 413658 09/09/2021 UTIL REFUNDS 2.57 413659 09/09/2021 UTTL REFUNDS 87.68 413660 09/09/2021 UTIL REFUNDS 7.34 413661 09/09/2021 UTIL REFUNDS 64.85 413662 09/09/2021 UTII, REFUNDS 82.29 413663 09/09/2021 UTIL REFUNDS 68.34 413664 09/09/2021 UTIL REFUNDS 32.46 413665 09/09/2021 UTIL REFUNDS 549.81 413666 09/09/2021 UTIL REFUNDS 35.97 413667 09/09/2021 UTIL REFUNDS 71.49 413668 09/09/2021 UTIL REFUNDS 53.97 413669 09/09/2021 UTIL REFUNDS 53.98 413670 09/09/2021 UTIL REFUNDS 55.42 413671 09/09/2021 UTIL REFUNDS 29.44 413672 09/09/2021 UTIL REFUNDS 76.10 413673 09/09/2021 UTIL REFUNDS 19.59 413674 09/09/2021 UTIL REFUNDS 45.29 413675 09/09/2021 UTIL REFUNDS 22.35 413676 09/09/2021 SOUTHEAST DESALTING ASSOCIATION 1,050.00 413677 09/09/2021 INSTITUTE OF TRANSPORTATION 300.00 413678 09/09/2021 DANIEL HULLEN 42.00 413679 09/09/2021 PALM COAST HOSPITALITY LLC 288.00 413680 09/09/2021 PALM COAST HOSPITALITY LLC 288.00 413681 09/09/2021 PALM COAST HOSPITALITY LLC 288.00 413682 09/09/2021 RICK DUNKERLEY 131.00 413683 09/09/2021 CATHCOINC 7,550.00 413684 09/09/2021 STURGIS LUMBER & PLYWOOD CO 1,558.80 413685 09/09/2021 COMMUNICATIONS INTERNATIONAL 124.00 413686 09/09/2021 SSES INC 1,876.59 413687 09/09/2021 RANGER CONSTRUCTION IND INC 444.57 413688 09/09/2021 VERO CHEMICAL DISTRIBUTORS INC 242.95 413689 09/09/2021 SAFETY PRODUCTS INC 117.25 413690 09/09/2021 DATA FLOW SYSTEMS INC 6,374.00 413691 09/09/2021 PARALEE COMPANY INC 600.00 413692 09/09/2021 E-Z BREW COFFEE & BOTTLE WATER SVC 91.91 413693 09/09/2021 GRAINGER 1,140.77 413694 09/09/2021 MCMASTER CARR SUPPLY CO 543.89 413695 09/09/2021 GAYLORD BROTHERS INC 1,185.20 413696 09/09/2021 HACH CO 40.00 413697 09/09/2021 CITY ELECTRIC SUPPLY COMPANY 41.80 413698 09/09/2021 BAKER & TAYLOR INC 4,529.14 413699 09/09/2021 MIDWEST TAPE LLC 474.80 413700 09/09/2021 ODYSSEY MANUFACTURING CO 9,900.00 413701 09/09/2021 THYSSENKRUPP ELEVATOR CORPORATION 454.50 413702 09/09/2021 SUNSHINE REHABILATION CENTER OF IRC INC 2,035.00 413703 09/09/2021 JANITORIAL DEPOT OF AMERICA INC 84.29 413704 09/09/2021 TREASURE COAST HOMELESS SERVICES 19,879.56 413705 09/09/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.59 413706 09/09/2021 MELVIN EVERETT 16,750.00 413707 09/09/2021 FAMOSO INC 606.82 413708 09/09/2021 FLORIDA POWER AND LIGHT 64,120.73 413709 09/09/2021 FLORIDA POWER AND LIGHT 3,500.85 413710 09/09/2021 FLORIDA POWER AND LIGHT 862.83 413711 09/09/2021 TREASURE COAST SPORTS COMMISSION INC 2,726.30 413712 09/09/2021 PROPERTY DAMAGE APPRAISERS 1,202.20 413713 09/09/2021 JOHN BROWN & SONS INC 20,430.00 413714 09/09/2021 NIGP 619.00 413715 09/09/2021 FORESTRY SUPPLIERS INC 173.55 413716 09/09/2021 INTERNATIONAL CODE COUNCIL INC 148.50 11 TRANS NBR DATE VENDOR AMOUNT 413717 09/09/2021 SYMBIONT SERVICE CORP 705.00 413718 09/09/2021 ATLANTIC AUTO TRIM & GLASS INC 9,950.00 413719 09/09/2021 SHRIEVE CHEMICAL CO 4,117.65 413720 09/09/2021 MICHAEL QUIGLEY 30.00 413721 09/09/2021 ANDRITZ SEPARATION INC 1,868.45 413722 09/09/2021 TRANE US INC 1,363.00 413723 09/09/2021 THE CLEARING COMPANY LLC 2,494.00 413724 09/09/2021 BIG BROTHERS AND BIG SISTERS 1,250.00 413725 09/09/2021 BIG BROTHERS AND BIG SISTERS 7,371.91 413726 09/09/2021 THE SHERWIN WILLIAMS CO 473.13 413727 09/09/2021 SOUTHERN JANITOR SUPPLY INC 3,181.70 413728 09/09/2021 ETR LLC 6,758.00 413729 09/09/2021 ORCHID ISLAND PROPERTY MGMT 11 INC 2,130.00 413730 09/09/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 17.64 413731 09/09/2021 SUNCOAST REALTY & RENTAL MGMT LLC 500.00 413732 09/09/2021 JOHNNY B SMITH 125.00 413733 09/09/2021 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 2,500.00 413734 09/09/2021 AFFORDABLE WATER & COFFEE SVC 14.00 413735 09/09/2021 TREASURE COAST FOOD BANK INC 725.66 413736 09/09/2021 KWACKS INC 2,124.00 413737 09/09/2021 WINSUPPLY OF VERO BEACH 264.84 413738 09/09/2021 FEED THE LAMBS ENRICHMENT PROGRAM INC 4,900.00 413739 09/09/2021 BRENNTAG MID -SOUTH INC 6,771.20 413740 09/09/2021 FLORIDA COAST EQUIPMENT INC 7,997.38 413741 09/09/2021 XYLEM WATER SOLUTION USA INC 6,175.00 413742 09/09/2021 PROMATIC INC 185.43 413743 09/09/2021 GFA INTERNATIONAL INC 18,695.00 413744 09/09/2021 MOORE MOTORS INC 36.00 413745 09/09/2021 REPROGRAPHIC SOLUTIONS INC 40.02 413746 09/09/2021 ALEX MIKLO 25.00 413747 09/09/2021 R I THOMAS MANUFACTURING CO INC 6,047.00 413748 09/09/2021 STEWART & STEVENSON FDDA LLC 1,430.73 413749 09/09/2021 FLORIDA DESIGN DRILLING CORP 67,305.00 413750 09/09/2021 MASCHMEYER CONCRETE COMPANY OF FLORIDA 938.00 413751 09/09/2021 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 413752 09/09/2021 SYLIVIA MILLER 1,457.00 413753 09/09/2021 HAWKINS INC 950.15 413754 09/09/2021 CATHEDRAL CORPORATION 451.87 413755 09/09/2021 UNIFIRST CORPORATION 916.69 413756 09/09/2021 CDA SOLUTIONS INC 4,463.79 413757 09/09/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 7.00 413758 09/09/2021 ADVANCE STORES COMPANY INCORPORATED 215.67 413759 09/09/2021 CROSSOVER MISSION 20,001.00 413760 09/09/2021 EDWARD ILLIDGE 100.00 413761 09/09/2021 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 92,328.60 413762 09/09/2021 A&T EUROPE S P A 16,000.00 413763 09/09/2021 COLE AUTO SUPPLY INC 147.16 413764 09/09/2021 RHOADES AIR & HEAT 195.00 413765 09/09/2021 ADVANCED ROOFING INC 19,688.00 413766 09/09/2021 NESTLE WATERS NORTH AMERICA 79.80 413767 09/09/2021 ENVIRONMENTAL OPERATING SOLUTION INC 16,128.00 413768 09/09/2021 CORE & MAIN LP 9,173.74 413769 09/09/2021 TYKES & TEENS INC 9,734.17 413770 09/09/2021 TAYLOR ANNE HATTON 260.00 413771 09/09/2021 TYCO FIRE & SECURITY MANAGEMENT INC 2,026.89 413772 09/09/2021 AMAZON CAPITAL SERVICES INC 1,942.29 413773 09/09/2021 PREMIER LANDSCAPE SOLUTIONS OF IR LLC 3,480.00 413774 09/09/2021 PIRATE PEST CONTROL LLC 778.00 413775 09/09/2021 PSI TECHNOLOGIES INC 3,570.00 413776 09/09/2021 METROPOLITAN COMMUNICATION SERVICES INC 440.75 12 TRANS NBR DATE VENDOR AMOUNT 413777 09/09/2021 JOHN J DRISCOLL 125.00 413778 09/09/2021 MISS B'S LEARNING BEES INC 9,509.10 413779 09/09/2021 JORDAN POWER EQUIPMENT CORP 179.98 413780 09/09/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,401.96 413781 09/09/2021 FERGUSON US HOLDINGS INC 1,507.03 413782 09/09/2021 BLUE GOOSE CONSTRUCTION LLC 9,116.03 413783 09/09/2021 STAPLES INC 208.20 413784 09/09/2021 LOWES COMPANIES INC 2,340.27 413785 09/09/2021 MILLENNIUM CREMATORY LLC 425.00 413786 09/09/2021 CHRIS ZAVESKY 75.00 413787 09/09/2021 ANTHEM SPORTS LLC 765.72 413788 09/09/2021 ROBERT A HUDSON 125.00 413789 09/09/2021 THEODORE SEMI 125.00 413790 09/09/2021 CARLON INC 616.36 413791 09/09/2021 BRITTON INDUSTRIES INC 191.58 413792 09/09/2021 RANDSTAD NORTH AMERICA INC 1,981.80 413793 09/09/2021 PEOPLE READY FLORIDA INC 826.56 413794 09/09/2021 TREASURE COAST TEES & TROPHIES LLC 406.80 413795 09/09/2021 FUN EXPRESS LLC 107.07 413796 09/09/2021 LAWRENCE F WALLIN 75.00 413797 09/09/2021 NETSYNC NETWORK SOLUTIONS INC 3,500.00 413798 09/09/2021 ACME CRYOGENICS INC 4,535.00 413799 09/09/2021 MAGELLAN ADVISORS LLC 14,900.00 413800 09/09/2021 S2K CONSULTING INC 27,533.63 413801 09/09/2021 GRACIE L THORNTON 50.00 413802 09/09/2021 ANTHONY J HERNANDEZ 170.00 413803 09/09/2021 PORTOLITE PRODUCTS INC 7,780.00 413804 09/09/2021 DURASEAL OF THE TREASURE COAST INC 6,889.92 Grand Total: 917,880.38 13 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 901414 09/03/2021 901415 09/03/2021 Grand Total: VENDOR AMAZON CAPITAL SERVICES INC STAPLES INC AMOUNT 2,800.99 2,574.45 5,375.44 14 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018651 09/03/2021 COLD AIR DISTRIBUTORS WAREHOUSE 394.51 1018652 09/03/2021 GALLS LLC 148.00 1018653 09/03/2021 MEEKS PLUMBING INC 492.40 1018654 09/03/2021 STRYKER SALES CORP 4,212.00 1018655 09/03/2021 L&L DISTRIBUTORS 419.11 1018656 09/09/2021 INDIAN RIVER BATTERY 4,555.55 1018657 09/09/2021 APPLE INDUSTRIAL SUPPLY CO 622.93 1018658 09/09/2021 MEEKS PLUMBING INC 1,450.00 1018659 09/09/2021 GROVE WELDERS INC 1,368.07 1018660 09/09/2021 HARCROS CHEt IICALS, INC. 2,430.06 1018661 09/09/2021 HYDRA SERVICE (S) INC 31,468.00 1018662 09/09/2021 ALLIED DIVERSIFIED OF VERO BEACH LLC 85.00 1018663 09/09/2021 NEXAIR LLC 53.67 1018664 09/09/2021 PACE ANALYTICAL SERVICES LLC 9,150.50 1018665 09/09/2021 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 170.84 Grand Total: 57,020.64 15 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8889 09/03/2021 FL SDU 3,991.94 8890 09/03/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 10,292.10 8891 09/03/2021 NATION-WIDE SOLUTIONS RETIREMENT INC 71,635.41 8892 09/03/2021 IRC FIRE FIGHTERS ASSOC 10,190.48 8893 09/03/2021 MUTUAL OF OMAHA 19,550.55 8894 09/03/2021 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,373.26 8895 09/03/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 40,174.00 8896 09/03/2021 CHARD SNYDER & ASSOCIATES INC 92.00 8897 09/03/2021 UNITED WAY OF INDIAN RIVER COUNTY 67,601.50 8898 09/07/2021 IRS -PAYROLL TAXES 488,419.53 8899 09/09/2021 SAVE ON SP LLC 11,966.59 8900 09/09/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 10,971.00 8901 09/09/2021 MUTUAL OF OMAHA 2,609.50 8902 09/09/2021 HIGHMARK STOP LOSS 92,501.09 8903 09/09/2021 NATIONAL METERING SERVICES INC 57,170.52 Grand Total: 891,539.47 16 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 2701 Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 16, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 10, 2021 to September 16, 2021 SIC OOMPr � OP �YRi�£R c ouNY{ Fy In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 10, 2021 to September 16, 2021. 17 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 413805 09/10/2021 TETRA TECH INC 5,219.96 413806 09/10/2021 PAMELA E RYALL-MORRIS 16,530.00 413807 09/16/2021 COMMUNICATIONS INTERNATIONAL 30,028.53 413808 09/16/2021 PERERS ENTERPRISES INC 4,510.63 413809 09/16/2021 HENRY SCHEIN INC 30.80 413810 09/16/2021 AT&T WIRELESS 72.48 413811 09/16/2021 AT&T WIRELESS 152.92 413812 09/16/2021 REPUBLIC SERVICES INC 267,195.64 413813 09/16/2021 MASTELLER MOLER & TAYLOR INC 1,210.00 413814 09/16/2021 BOUND TREE MEDICAL LLC 5,270.00 413815 09/16/2021 ECOTECH CONSULTANTS INC 2,666.67 413816 09/16/2021 GULF ICE SYSTEMS INC 3,949.00 413817 09/16/2021 TIRESOLES OF BROWARD INC 2,082.40 413818 09/16/2021 CARTER ASSOCIATES INC 12,906.50 413819 09/16/2021 K & M ELECTRIC SUPPLY 58.08 413820 09/16/2021 BAKER DISTRIBUTING CO LLC 18.68 413821 09/16/2021 GO COASTAL INC 64.50 413822 09/16/2021 CLERK OF CIRCUIT COURT 142.93 413823 09/16/2021 INTERNATIONAL GOLF MAINTENANCE INC 99,060.19 413824 09/16/2021 INDIAN RIVER HABITAT 4,290.00 413825 09/16/2021 FEDERAL EXPRESS CORP 34.12 413826 09/16/2021 CALLAWAY GOLF SALES COMPANY 8,625.00 413827 09/16/2021 FLORIDA POWER AND LIGHT 6,362.12 413828 09/16/2021 PUBLIC DEFENDER 4,291.70 413829 09/16/2021 STATEATTORNEY 11,101.23 413830 09/16/2021 CITY OF FELLSMERE 266.01 413831 09/16/2021 WASTE MANAGEMENT INC 402,045.73 413832 09/16/2021 LANGUAGE LINE SERVICES INC 190.63 413833 09/16/2021 COMPLETE ELECTRIC INC 1,280.00 413834 09/16/2021 TOCOMA RUBBER STAMP & MARKING SYSTEM 150.79 413835 09/16/2021 KEEP INDIAN RIVER BEAUTIFUL INC 2,152.84 413836 09/16/2021 NORTHERN TOOL & EQUIPMENT CO 78.00 413837 09/16/2021 DONADIO AND ASSOCIATES ARCHITECTS PA 3,252.75 413838 09/16/2021 ARCADIS U S INC 3,605.10 413839 09/16/2021 TOWN OF ORCHID 2,368.65 413840 09/16/2021 CELICO PARTNERSHIP 3,057.38 413841 09/16/2021 SOUTHERN JANITOR SUPPLY INC 3,024.47 413842 09/16/2021 MBV ENGINEERING INC 1,687.50 413843 09/16/2021 ETR LLC 475.59 413844 09/16/2021 ELIZABETH POWELL 39.00 413845 09/16/2021 GERELCOM INC 5,433.50 413846 09/16/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 25.28 413847 09/16/2021 SUNM ERLINS MARINE CONST LLC 100,531.80 413848 09/16/2021 CHAMBLISS JR, CLAY 95.58 413849 09/16/2021 ENVIRONMENTAL CONSERVATION LABORATORIES INC 3,804.00 413850 09/16/2021 WINSUPPLY OF VERO BEACH 20.00 413851 09/16/2021 ASTRO LLC 7.50 413852 09/16/2021 HELPING ANIMALS LIVE -OVERCOME 38.00 413853 09/16/2021 NEWSOM OIL COMPANY 1,500.00 413854 09/16/2021 CARDINAL HEALTH 110 INC 2,885.06 413855 09/16/2021 MUNICIPAL EMERGENCY SERVICES INC 107.00 413856 09/16/2021 ADAMS FENCE 2 LLC 100.00 413857 09/16/2021 MB ENTERPRISES ROOFING & SHEETMETAL INC 500.00 413858 09/16/2021 ESI ACQUISITION INC 27,840.00 413859 09/16/2021 UNIFIRST CORPORATION 42.26 413860 09/16/2021 COLE AUTO SUPPLY INC 1,890.86 413861 09/16/2021 PRP CONSTRUCTION GROUP LLC 32,091.75 413862 09/16/2021 DAVE FORD PAINTING INC 4,300.00 18 TRANS NBR DATE VENDOR AMOUNT 413863 09/16/2021 BOWMAN CONSULTING GROUP LTD 1,567.25 413864 09/16/2021 DIRECTV GROUP INC 90.57 413865 09/16/2021 AMAZON CAPITAL SERVICES INC 219.99 413866 09/16/2021 PIRATE PEST CONTROL LLC 210.00 413867 09/16/2021 AMERIGAS PROPANE LP 565.16 413868 09/16/2021 GRBK GHO HOMES LLC 38,943.29 413869 09/16/2021 MULLINAX FORD OF VERO BEACH 378.82 413870 09/16/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 1,010.51 413871 09/16/2021 EFLASH NEWSLETTERS LLC 35.00 413872 09/16/2021 WITT OBRIENS LLC 659.00 413873 09/16/2021 TRUE DIGITAL SECURITY INC 36,412.87 413874 09/16/2021 HIGHER GROUND LAND SERVICES LLC 4,384.00 413875 09/16/2021 SAMBERG CONSTRUCTION & DEVELOPMENT LLC 12,420.00 413876 09/16/2021 HIREQUEST LLC 2,572.75 413877 09/16/2021 CLEAN SPACE INC 15,530.91 413878 09/16/2021 ANDREYA PRATT 53.25 413879 09/16/2021 SYNC IT UP! INC 10,000.00 413880 09/16/2021 WILLIAM BACH 396.30 413881 09/16/2021 FREDERICK CARPENITO 28.93 413882 09/16/2021 ROBERT DU BOIS 40.34 413883 09/16/2021 PRISTINE LEASING INC 36.15 413884 09/16/2021 ROBIN READING 56.11 413885 09/16/2021 JESSICA DIMARTINO 46.86 413886 09/16/2021 NICOLE BIGGS 22.37 413887 09/16/2021 I WAYAN SUTRIASA 29.40 413888 09/16/2021 JEFF RAY 25.81 413889 09/16/2021 JOHN KEAR 338.18 413890 09/16/2021 LINDSEY TKACZOW 40.00 413891 09/16/2021 CARMEN ALAGO 26.50 413892 09/16/2021 KRISTY CORRIGAN 65.12 413893 09/16/2021 GEORGE PUSHNER 100.00 413894 09/16/2021 JOHN KRUEGER 27.30 413895 09/16/2021 LISA MEAD 100.00 413896 09/16/2021 SCOTT MANTEL 100.00 413897 09/16/2021 PENNY PICKETT 99.13 413898 09/16/2021 CAMILLE K KEATING 309.00 413899 09/16/2021 VERO X EVENTS LLC 500.00 413900 09/16/2021 JOSHUA JOSEPH 90.00 413901 09/16/2021 A2B DEVELOPMENT LLC 30,000.00 413902 09/16/2021 CANDENCE BANK NA 2,250.00 413903 09/16/2021 S WALKER HOLDING LLC 2,250.00 413904 09/16/2021 CROSBY RENTALS LLC 10,000.00 413905 09/16/2021 RYAN A JURGEN 10,000.00 413906 09/16/2021 UTIL REFUNDS 44.48 413907 09/16/2021 UTIL REFUNDS 25.25 413908 09/16/2021 UTIL REFUNDS 41.99 413909 09/16/2021 UTIL REFUNDS 40.82 413910 09/16/2021 UTIL REFUNDS 22.14 413911 09/16/2021 UTIL REFUNDS 59.38 413912 09/16/2021 UTIL REFUNDS 84.61 413913 09/16/2021 UTIL REFUNDS 334.94 413914 09/16/2021 UTIL REFUNDS 38.68 413915 09/16/2021 UTIL REFUNDS 88.52 413916 09/16/2021 UTIL REFUNDS 84.41 413917 09/16/2021 UTIL REFUNDS 59.90 413918 09/16/2021 UTIL REFUNDS 70.75 413919 09/16/2021 UTIL REFUNDS 86.06 413920 09/16/2021 UTIL REFUNDS 16.99 413921 09/16/2021 UTEL REFUNDS 154.09 413922 09/16/2021 UTIL REFUNDS 72.84 19 TRANS NBR DATE VENDOR AMOUNT 413923 09/16/2021 UTIL REFUNDS 109.27 413924 09/16/2021 UTIL REFUNDS 156.90 413925 09/16/2021 UTIL REFUNDS 35.90 413926 09/16/2021 UTIL REFUNDS 201.73 413927 09/16/2021 UTIL REFUNDS 30.89 413928 09/16/2021 UT1L REFUNDS 75.46 413929 09/16/2021 UTIL REFUNDS 38.68 413930 09/16/2021 UTIL REFUNDS 34.78 413931 09/16/2021 UTIL REFUNDS 10.99 413932 09/16/2021 UTIL REFUNDS 22.26 413933 09/16/2021 UTIL REFUNDS 89.61 413934 09/16/2021 UTIL REFUNDS 38.35 413935 09/16/2021 UTIL REFUNDS 65.11 413936 09/16/2021 UTIL REFUNDS 23.12 413937 09/16/2021 UTIL REFUNDS 23.66 413938 09/16/2021 UTIL REFUNDS 45.23 413939 09/16/2021 UTIL REFUNDS 41.74 413940 09/16/2021 UTIL REFUNDS 132.90 413941 09/16/2021 UTIL REFUNDS 23.49 413942 09/16/2021 UTTL REFUNDS 52.74 413943 09/16/2021 UTIL REFUNDS 37.88 413944 09/16/2021 UTIL REFUNDS 21.48 413945 09/16/2021 UTIL REFUNDS 98.32 413946 09/16/2021 UTIL REFUNDS 89.10 413947 09/16/2021 UTIL REFUNDS 207.07 413948 09/16/2021 PORT CONSOLIDATED INC 1,405.89 413949 09/16/2021 SUNCOAST WELDING SUPPLIES INC 579.91 413950 09/16/2021 LENGEMANN CORP 153.52 413951 09/16/2021 VERO CHEMICAL DISTRIBUTORS INC 2,083.45 413952 09/16/2021 RICOH USA INC 43.43 413953 09/16/2021 CHISHOLM CORP OF VERO 2,077.00 413954 09/16/2021 GRAINGER 1,040.32 413955 09/16/2021 KELLY TRACTOR CO 3,480.57 413956 09/16/2021 GRAYBAR ELECTRIC 102.70 413957 09/16/2021 LFI FORT PIERCE INC 1,268.33 413958 09/16/2021 CLIFF BERRY INC 157.50 413959 09/16/2021 AVERY DENNISON CORPORATION 509.20 413960 09/16/2021 PETES CONCRETE 1,900.00 413961 09/16/2021 JAMAR TECHNOLOGIES INC 915.00 413962 09/16/2021 TIRESOLES OF BROWARD INC 2,649.96 413963 09/16/2021 BAKER & TAYLOR INC 4,936.49 413964 09/16/2021 CENTRAL WINDOW OF VERO BEACH INC 1,050.00 413965 09/16/2021 ATKINS NORTHAMERICA INC 5,160.00 413966 09/16/2021 ENNIS-FLINT INC 2,860.32 413967 09/16/2021 CITY OF VERO BEACH 1,035.62 413968 09/16/2021 UNITED PARCEL SERVICE INC 35.66 413969 09/16/2021 UNITED PARCEL SERVICE INC 35.47 413970 09/16/2021 JANITORIAL DEPOT OF AMERICA INC 633.41 413971 09/16/2021 WAL MART STORES EAST LP 103.40 413972 09/16/2021 ACUSHNET COMPANY 4,179.53 413973 09/16/2021 TYLER TECHNOLOGIES INC 32,730.00 413974 09/16/2021 MORGAN & EKLUND INC 100.00 413975 09/16/2021 TIMOTHY ROSE CONTRACTING INC 36,600.66 413976 09/16/2021 CALLAWAY GOLF SALES COMPANY 5,046.02 413977 09/16/2021 FLORIDA POWER AND LIGHT 2,459.22 413978 09/16/2021 FLORIDA POWER AND LIGHT 9,811.46 413979 09/16/2021 FLORIDA POWER AND LIGHT 45.74 413980 09/16/2021 FLORIDA BEACH PATROL CHIEFS ASSOC 100.00 413981 09/16/2021 TAYLOR MADE GOLF CO INC 694.66 413982 09/16/2021 PEACE RIVER ELECTRIC COOP INC 225.88 20 TRANS NBR DATE VENDOR AMOUNT 413983 09/16/2021 INDIAN RIVER COUNTY HISTORICAL 5,423.75 413984 09/16/2021 G K ENVIRONMENTAL INC 2,925.00 413985 09/16/2021 OSCEOLA COUNTY 10,800.55 413986 09/16/2021 JOHN BROWN & SONS INC 900.00 413987 09/16/2021 FORESTRY SUPPLIERS INC 72.49 413988 09/16/2021 BRIDGESTONE AMERICAS INC 305.28 413989 09/16/2021 ECONOLITE CONTROL PRODUCTS INC 1,160.50 413990 09/16/2021 MICHAEL QUIGLEY 30.00 413991 09/16/2021 HULETT ENVIRONMENTAL SERVICES 160.00 413992 09/16/2021 CINTAS CORPORATION NO 2 195.94 413993 09/16/2021 CONTROL SYSTEMS DESIGN INC 1,080.00 413994 09/16/2021 COLLISONS AUTOMOTIVE INC 125.00 413995 09/16/2021 THE CLEARING COMPANY LLC 525.00 413996 09/16/2021 FASTENAL COMPANY 1,165.26 413997 09/16/2021 BRIDGESTONE GOLF INC 688.08 413998 09/16/2021 GLOVER OIL COMPANY INC 101,391.09 413999 09/16/2021 ORCHID ISLAND PROPERTY MGMT II INC 1,750.00 414000 09/16/2021 1 ST FIRE & SECURITY INC 125.00 414001 09/16/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 7.61 414002 09/16/2021 JOHNNY B SMITH 75.00 414003 09/16/2021 JACE CHANDLER & ASSOCIATES INC 780.00 414004 09/16/2021 AQUA-AEROBIC SYSTEMS INC 85,629.81 414005 09/16/2021 CEMEX INC 609.77 414006 09/16/2021 SOUTHEAST SECURE SHREDDING 42.00 414007 09/16/2021 TRADEWINDS POWER CORP 444.79 414008 09/16/2021 KWACKS INC 710.00 414009 09/16/2021 MAUI RIPPERS INC 1,672.70 414010 09/16/2021 SYN-TECH SYSTEMS INC 825.00 414011 09/16/2021 XYLEM WATER SOLUTION USA INC 1,892.40 414012 09/16/2021 BURNETT LIME CO INC 16,611.88 414013 09/16/2021 SOUTHWIDE INDUSTRIES INC 6,859.08 414014 09/16/2021 ATLANTIC ROOFING II OF VERO BEACH INC 36,398.00 414015 09/16/2021 CHEMTRADE CHEMICALS CORPORTATION 2,979.92 414016 09/16/2021 STS MAINTAIN SERVICES INC 19,663.30 414017 09/16/2021 COBRA GOLF INCORPORATED 431.60 414018 09/16/2021 ANDERSEN ANDRE CONSULTING ENGINEERS INC 2,026.50 414019 09/16/2021 UNIFIRST CORPORATION 1,270.22 414020 09/16/2021 SCHUMACHER AUTOMOTIVE DELRAY LLC 254.80 414021 09/16/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 412.56 414022 09/16/2021 GOTTA GO GREEN ENTERPISES INC 188.68 414023 09/16/2021 AWC INC 1,630.00 414024 09/16/2021 FLORIDA EAST COAST HOLDINGS CORP 7,660.00 414025 09/16/2021 EASTERN PIPELINE CONSTRUCTION INC 1,050.00 414026 09/16/2021 EDWARD ILLIDGE 125.00 414027 09/16/2021 COVERALL NORTH AMERICA INC 2,015.00 414028 09/16/2021 MATHESON TRI-GAS INC 9,923.16 414029 09/16/2021 SCORECARDS UNLIMITED LLC 2,990.00 414030 09/16/2021 COLE AUTO SUPPLY INC 430.07 414031 09/16/2021 NESTLE WATERS NORTH AMERICA 30.50 414032 09/16/2021 CORE & MAIN LP 65,284.77 414033 09/16/2021 WOERNER AGRIBUSINESS LLC 560.00 414034 09/16/2021 DJD EQUIPMENT HOLDINGS LLC 1,815.98 414035 09/16/2021 ABISCOM INC 415.73 414036 09/16/2021 GYRO-TRAC CORPORATION 17.21 414037 09/16/2021 ENGINEERED SERVICES INC 189.00 414038 09/16/2021 EMPIRE PIPE ORLANDO LLC 79,800.00 414039 09/16/2021 JACK KLEIN ASSOCIATES INC 8,545.01 414040 09/16/2021 WOOD ENVIRONMENT & INFRASTRUCTURE SOLUTION W.70 414041 09/16/2021 AMAZON CAPITAL SERVICES INC 1,007.54 414042 09/16/2021 PIRATE PEST CONTROL LLC 120.00 21 TRANS NBR DATE VENDOR AMOUNT 414043 09/16/2021 CALITEN LLC 40.27 414044 09/16/2021 JOHN J DRISCOLL 150.00 414045 09/16/2021 JORDAN POWER EQUIPMENT CORP 14.97 414046 09/16/2021 DEANGELO BROTHERS LLC 3,399.00 414047 09/16/2021 LIBERTY TIRE RECYCLING LLC 4,619.05 414048 09/16/2021 MULLINAX FORD OF VERO BEACH 2,425.18 414049 09/16/2021 FERGUSON US HOLDINGS INC 9,754.90 414050 09/16/2021 BLUE GOOSE CONSTRUCTION LLC 1,425.02 414051 09/16/2021 STAPLES INC 605.56 414052 09/16/2021 LOWES COMPANIES INC 3,029.72 414053 09/16/2021 SMI TRADING LLC 11.25 414054 09/16/2021 PAULA J DALLAIRE 400.00 414055 09/16/2021 SPORTS ENGINE INC 92.50 414056 09/16/2021 ROBERT A HUDSON 150.00 414057 09/16/2021 THEODORE SEMI 150.00 414058 09/16/2021 BRITTON INDUSTRIES INC 520.92 414059 09/16/2021 JUNIPER LANDSCAPING OF FLORIDA LLC 9,397.42 414060 09/16/2021 PEOPLE READY FLORIDA INC 1,286.40 414061 09/16/2021 MARC H MASET 100.00 414062 09/16/2021 LAWRENCE F W_ALLIN 125.00 414063 09/16/2021 VIZOCOM ICT LLC 150.00 414064 09/16/2021 PETERBILT STORE SOUTH FLORIDA LLC 472.57 414065 09/16/2021 THERAGUN INC 398.00 414066 09/16/2021 GOMEZ BROTHERS CONTRACT SERVICES 900.00 414067 09/16/2021 COMPLETE SERVICES WELL DRILLING INC 40,050.00 414068 09/16/2021 TREASURE COAST VENTURES INC 750.00 414069 09/16/2021 ALOE CARE INTERNATIONAL LLC 681.03 414070 09/16/2021 KURT STEFFEN 15.00 414071 09/16/2021 KEVIN GIBSON 84.00 414072 09/16/2021 MICHAEL ZITO 107.98 414073 09/16/2021 PETER OBRYAN 60.96 414074 09/16/2021 NICHOLAS CASALINA 84.00 414075 09/16/2021 VALENCIA COLLEGE CONTINUING EDUCATION 485.00 414076 09/16/2021 A & SW CONSULTANTS INC 425.00 414077 09/16/2021 RACE TO SAFETY TRAINING LLC 199.00 414078 09/16/2021 MERCEDES LANEY 284.12 414079 09/16/2021 BUFFALO MAJOR BOULEVARD LLC 445.50 Grand Total: 1,992,983.36 22 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 901416 09/16/2021 GRACES LANDING LTD 557.00 901417 09/16/2021 ST FRANCIS MANOR OF VERO BEACH 613.00 901418 09/16/2021 IRC HOUSING AUTHORITY 114.00 901419 09/16/2021 PELICAN ISLES LP 1,005.00 901420 09/16/2021 SUNCOAST REALTY & RENTAL MGMT LLC 782.00 901421 09/16/2021 AMAZON CAPITAL SERVICES INC 1,417.60 901422 09/16/2021 ORCHARD GROVE VENTURE LLC 579.00 901423 09/16/2021 SREIT LEXINGTON CLUB LLC 1,153.00 901424 09/16/2021 STREIT RIVER PARK PLACE LLC 836.00 901425 09/16/2021 PEMBERLY PALMS HH LLC 449.00 Grand Total: 7,505.60 23 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1018666 09/10/2021 ADRON FENCE COMPANY INC 9,550.00 1018667 09/10/2021 MIKES GARAGE & WRECKER SERVICE INC 1,454.00 1018668 09/10/2021 SPINNAKER VERO INC 405.60 1018669 09/10/2021 STAT MEDICAL DISPOSAL INC 1,708.28 1018670 09/10/2021 AT&T CORP 39.21 1018671 09/10/2021 AT&T CORP 16.53 1018672 09/10/2021 AT&T CORP 5.29 1018673 09/10/2021 AT&T CORP 5.29 1018674 09/10/2021 AT&T CORP 10.31 1018675 09/10/2021 OFFICE DEPOT INC 3,164.26 1018676 09/10/2021 COMCAST 611.45 1018677 09/13/2021 AT&T CORP 92.17 1018678 09/13/2021 AT&T CORP 1,143.50 1018679 09/14/2021 WASTE MANAGEMENT INC OF FLORIDA 3,612.54 1018680 09/16/2021 INDIAN RIVER OXYGEN INC 96.25 1018681 09/16/2021 RING POWER CORPORATION 3,163.74 1018682 09/16/2021 DAVES SPORTING GOODS & TROPHIES 4,122.00 1018683 09/16/2021 IRRIGATION CONSULTANTS UNLMTED INC 4,276.35 1018684 09/16/2021 GROVE WELDERS INC 539.13 1018685 09/16/2021 APPLE MACHINE & SUPPLY CO 1,259.46 1018686 09/16/2021 COMMERCIAL ENERGY SPECIALISTS 6,608.08 1018687 09/16/2021 TOTAL TRUCK PARTS INC 156.12 1018688 09/16/2021 RECHTIEN INTERNATIONAL TRUCKS 208.14 1018689 09/16/2021 METRO FIRE PROTECTION SERVICES INC 62.50 1018690 09/16/2021 PROTRANSMASTERS 11 INC 1,038.02 1018691 09/16/2021 AUTO PARTNERS LLC 597.42 1018692 09/16/2021 L&L DISTRIBUTORS 1,686.72 1018693 09/16/2021 HYDRA SERVICE (S) INC 5,788.21 1018694 09/16/2021 EFE INC 1,780.25 Grand Total: 53,200.82 24 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8904 09/10/2021 RX BENEFITS INC 2,271.40 8905 09/13/2021 FLORIDA DEPARTMENT OF REVENUE 1,788.07 8906 09/13/2021 FLORIDA DEPARTMENT OF REVENUE 12,729.03 8907 09/13/2021 FLORIDA DEPARTMENT OF REVENUE 1,908.41 8908 09/13/2021 FLORIDA DEPARTMENT OF REVENUE 629.21 8909 09/14/2021 CDM SMITH INC 30,127.00 8910 09/14/2021 HUMANE SOCIETY 39,000.00 8911 09/14/2021 HUMANE SOCIETY 39,000.00 8912 09/14/2021 TIMOTHY ROSE CONTRACTING INC 697,393.48 8913 09/14/2021 VETERANS COUNCIL OF I R C 5,144.28 8914 09/14/2021 VEROTOWN LLC 14,715.28 8915 09/14/2021 TOTAL ADMINISTRATIVE SERVICES CORP 11,026.14 8916 09/14/2021 RX BENEFITS INC 256,794.23 8917 09/16/2021 IRS -PAYROLL TAXES 16,393.18 8918 09/16/2021 WRIGHT EXPRESS FSC 27,216.85 8919 09/16/2021 ST LUCIE BATTERY & TIRE CO 3,278.16 Grand Total: 1,159,414.72 25 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 1801 271h Street Vero Beach, FL 32960 CPA, CGFO, CGMA TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 23, 2021 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 17, 2021 to September 23, 2021 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of September 17, 2021 to September 23, 2021. 26 U� CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 414080 09/17/2021 UNITED WAY OF INDIAN RIVER COUNTY 622.00 414081 09/17/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 8,488.92 414082 09/17/2021 NORTH CAROLINA CHILD SUPPORT 105.69 414083 09/17/2021 COMMONWEALTH OF MASSACHUSETTS 154.00 414084 09/17/2021 KIMBERLY CRIS.AFI 1,627.18 414085 09/20/2021 JAMES E SABONJOHN 8,200.00 414086 09/20/2021 BLAIR BURNS 8,575.00 414087 09/20/2021 SCHLITT BROTHERS PROPERTIES LLC 9,070.00 414088 09/20/2021 SANDS ENTERPRISES LLC 6,100.00 414089 09/20/2021 EMANUEL MOREIRA 10,000.00 414090 09/23/2021 AT&T WIRELESS 39.65 414091 09/23/2021 AT&T WIRELESS 43.23 414092 09/23/2021 AT&T WIRELESS 90.46 414093 09/23/2021 AT&T WIRELESS 144.32 414094 09/23/2021 AT&T WIRELESS 366.31 414095 09/23/2021 AT&T WIRELESS 835.92 414096 09/23/2021 AT&T WIRELESS 975.82 414097 09/23/2021 EDLUND DRITENBAS BINKLEY ARCHITECTS 1,232.28 414098 09/23/2021 SOFTWARE HARDWARE INTEGRATION 154.88 414099 09/23/2021 CLERK OF CIRCUIT COURT 29,500.00 414100 09/23/2021 CLERK OF CIRCUIT COURT 75,000.00 414101 09/23/2021 CLERK OF CIRCUIT COURT 345,000.00 414102 09/23/2021 AT&T CORP 1,688.62 414103 09/23/2021 AT&T CORP 2,241.82 414104 09/23/2021 AT&T CORP 1,825.54 414105 09/23/2021 INDIAN RIVER COUNTY UTILITIES 400.00 414106 09/23/2021 FLORIDA POWER AND LIGHT 481.44 414107 09/23/2021 MELECH BERMAN 10,010.00 414108 09/23/2021 DONADIO AND ASSOCIATES ARCHITECTS PA 5,077.75 414109 09/23/2021 ARCADIS U S INC 9,879.39 414110 09/23/2021 CELICO PARTNERSHIP 1,816.29 414111 09/23/2021 STATE OF NEW JERSEY -DEPT OF TREASURY 131.48 414112 09/23/2021 MASTELLER & r10LER INC 4,132.00 414113 09/23/2021 DICKERSON FLORIDA INC 72,086.00 414114 09/23/2021 FISHER & PHILLIPS LLP 140.00 414115 09/23/2021 PUTNAM, JANICE C 27.30 414116 09/23/2021 STEIN MART #289 200.52 414117 09/23/2021 MARGUERITE LEES 39.76 414118 09/23/2021 NICOLACE MARKETING INC 5,052.25 414119 09/23/2021 KRAUS ASSOCI.ATES INC 12,318.60 414120 09/23/2021 THE TRANSIT GROUP INC 6,289.00 414121 09/23/2021 RICHARD SZPYRKA 225.00 414122 09/23/2021 CATHEDRAL CORPORATION 19,470.63 414123 09/23/2021 TITONE PROPERTIES LLC 6,570.00 414124 09/23/2021 COLE AUTO SUPPLY INC 629.86 414125 09/23/2021 BOTTOMS UP BEVERAGE OF FLORIDA LLC 392.00 414126 09/23/2021 STATE OF FLORIDA 19,509.43 414127 09/23/2021 AMAZON CAPITAL SERVICES INC 177.87 414128 09/23/2021 XGD SYSTEMS LLC 23,295.70 414129 09/23/2021 LOWES COMPANIES INC 65.04 414130 09/23/2021 CONSOR ENGINEERS LLC 182,164.22 414131 09/23/2021 HEDRICK BROTHERS CONSTRUCTION CO INC 155,521.32 414132 09/23/2021 HIREQUEST LLC 1,468.36 414133 09/23/2021 HIGH SOURCES INC 11,300.00 414134 09/23/2021 STANLEY MALAN 90.77 414135 09/23/2021 LG VERO 1 LLC 8,280.87 414136 09/23/2021 BALLARD FINISHING INC 500.00 414137 09/23/2021 MICHAEL MORSE 30.00 27 TRANS NBR DATE VENDOR AMOUNT 414138 09/23/2021 ISIDRO & EVANGELINANARANJO 500.00 414139 09/23/2021 BBCT OF BREVARD LLC 500.00 414140 09/23/2021 DAVID BISHOP 2.50 414141 09/23/2021 MOBILE WELLNESS SUPPORT LLC 10,000.00 414142 09/23/2021 VERO CHEMICAL, DISTRIBUTORS INC 1,081.68 414143 09/23/2021 PERERS ENTERPRISES INC 7,796.66 414144 09/23/2021 RICOH USA INC 162.98 414145 09/23/2021 RICOH USA INC 8.41 414146 09/23/2021 SAFETY PRODUCTS INC 41.90 414147 09/23/2021 DATA FLOW SYSTEMS INC 877.00 414148 09/23/2021 GRAINGER 394.29 414149 09/23/2021 GRAYBAR ELECTRIC 283.18 414150 09/23/2021 HACH CO 210.36 414151 09/23/2021 BRISTER SIGNS INC 200.00 414152 09/23/2021 EXPRESS REEL GRINDING INC 1,500.00 414153 09/23/2021 CHILDCARE RESOURCES OF IRC INC 11,159.55 414154 09/23/2021 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 900.00 414155 09/23/2021 DELL MARKETING LP 1,986.00 414156 09/23/2021 BLAKESLEE SERVICES INC 726.30 414157 09/23/2021 BAKER & TAYLOR INC 2,778.15 414158 09/23/2021 MIDWEST TAPE LLC 7,393.62 414159 09/23/2021 NORTHERN SAFETY CO INC 232.78 414160 09/23/2021 ODYSSEY MANUFACTURING CO 7,479.45 414161 09/23/2021 BAKER DISTRIBUTING CO LLC 312.00 414162 09/23/2021 CENGAGE LEARNING INC 805.97 414163 09/23/2021 PENWORTHY COMPANY 2,101.36 414164 09/23/2021 SUNSHINE REHABILATION CENTER OF IRC INC 2,255.00 414165 09/23/2021 CLERK OF CIRCUIT COURT 1,204.10 414166 09/23/2021 CITY OF VERO BEACH 4,911.09 414167 09/23/2021 FEDERAL EXPRESS CORP 21.81 414168 09/23/2021 CENTRAL A/C & REFRIGERATION SUPPLY INC 207.48 414169 09/23/2021 TYLER TECHNOLOGIES INC 700.00 414170 09/23/2021 FAMOSO INC 312.99 414171 09/23/2021 FLORIDA POWER AND LIGHT 45,201.30 414172 09/23/2021 NEW HORIZONS OF THE TREASURE COAST 26,657.00 414173 09/23/2021 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,375.00 414174 09/23/2021 COMPLETE ELECTRIC INC 352.50 414175 09/23/2021 TREASURE COAST SPORTS COMMISSION INC 9,458.70 414176 09/23/2021 IRC HEALTHY START COALITION INC 1,666.67 414177 09/23/2021 IRC HEALTHY START COALITION INC 2,750.00 414178 09/23/2021 IRC HEALTHY START COALITION INC 5,229.76 414179 09/23/2021 IRC HEALTHY START COALITION INC 4,166.67 414180 09/23/2021 IRC HEALTHY START COALITION INC 1,333.33 414181 09/23/2021 BE SAFE SECURITY ALARMS INC 145.00 414182 09/23/2021 CHILDRENS HO_-NlE SOCIETY OF FL 1,500.00 414183 09/23/2021 CAPE PUBLICATIONS INC 754.34 414184 09/23/2021 SHRIEVE CHEMICAL CO 3,990.82 414185 09/23/2021 GATOR'S SOD INC 360.00 414186 09/23/2021 TRANE US INC 10,329.00 414187 09/23/2021 FLORIDA DEPT OF JUVENILE JUSTICE 42,392.00 414188 09/23/2021 SYNAGRO-WWT INC 59,018.75 414189 09/23/2021 BIG BROTHERS AND BIG SISTERS 1,250.00 414190 09/23/2021 BIG BROTHERS AND BIG SISTERS 7,371.91 414191 09/23/2021 FASTENAL COMPANY 189.60 414192 09/23/2021 OCLC ONLINE COMPUTER LIBRARY CENTER 479.81 414193 09/23/2021 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 6,208.06 414194 09/23/2021 GERELCOM INC 24,793.66 414195 09/23/2021 1 ST FIRE & SECURITY INC 75.00 414196 09/23/2021 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 534.12 414197 09/23/2021 JOHNNY B SMITH 150.00 %: TRANS NBR DATE VENDOR AMOUNT 414198 09/23/2021 GOLDEN HARVEST INC 7,150.00 414199 09/23/2021 REDLANDS CHRISTIAN MIGRANT ASSOC 8,127.02 414200 09/23/2021 YOUTH GUIDANCE DONATION FUND 4,166.66 414201 09/23/2021 WINSUPPLY OF VERO BEACH 176.56 414202 09/23/2021 ATLANTIC COASTAL LAND TITLE CO LLC 170.00 414203 09/23/2021 CLOVERLEAF CORPORATION 6,333.00 414204 09/23/2021 OVERDRIVE INC 6,266.14 414205 09/23/2021 MOORE MOTORS INC 796.06 414206 09/23/2021 ALEX MIKLO 100.00 414207 09/23/2021 LEARNING ALLIANCE 14,304.98 414208 09/23/2021 CALDWELL PACETTI EDWARDS 10,188.79 414209 09/23/2021 THE LAW OFFICES OF 1,161.00 414210 09/23/2021 STS MAINTAIN SERVICES INC 10,853.78 414211 09/23/2021 SYLIVIA MILLER 70.00 414212 09/23/2021 HAWKINS INC 1,054.00 414213 09/23/2021 THE TRANSIT GROUP INC 800.00 414214 09/23/2021 ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,178.00 414215 09/23/2021 A GREAT FENCE LLC 1,000.00 414216 09/23/2021 UNIFIRST CORPORATION 586.07 414217 09/23/2021 CDA SOLUTIONS INC 2,697.73 414218 09/23/2021 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 1,642.26 414219 09/23/2021 GOTTA GO GREEN ENTERPISES INC 59.68 414220 09/23/2021 ADVANCE STORES COMPANY INCORPORATED 308.88 414221 09/23/2021 THE GIFFORD FLORIDA YOUTH ORCHESTRA 20,964.40 414222 09/23/2021 FREEDOM ROOFERS LLC 12,375.00 414223 09/23/2021 EDWARD ILLIDGE 150.00 414224 09/23/2021 MATHESON TRI-GAS INC 5,135.00 414225 09/23/2021 UNITED AGAINST POVERTY INC 10,642.00 414226 09/23/2021 AQSEPTENCE GROUP INC 1,459.85 414227 09/23/2021 COLE AUTO SUPPLY INC 1,917.24 414228 09/23/2021 KONICA MINOLTA BUSINESS SOLUTIONS 350.66 414229 09/23/2021 SUPERSAFE LIBRARY SECURITY INC 405.00 414230 09/23/2021 FLORIDA BULB & BALLAST INC 933.75 414231 09/23/2021 RELX INC 820.00 414232 09/23/2021 SSE ASSOCIATES INC 525.00 414233 09/23/2021 WARREN W CATERSON 200.00 414234 09/23/2021 TYKES & TEENS INC 3,582.00 414235 09/23/2021 TRAFFIC SUPPLIES & DISTRIBUTION LLC 29,568.00 414236 09/23/2021 COASTAL WATERWAYS DESIGN & ENGINEERING LLC 1,020.00 414237 09/23/2021 EMPIRE PIPE ORLANDO LLC 3,567.00 414238 09/23/2021 AMAZON CAPITAL SERVICES INC 4,693.25 414239 09/23/2021 PIRATE PEST CONTROL LLC 27.00 414240 09/23/2021 AMERIGAS PROPANE LP 2,138.64 414241 09/23/2021 PSI TECHNOLOGIES INC 4,396.62 414242 09/23/2021 JOHN J DRISCOLL 150.00 414243 09/23/2021 JORDAN POWER EQUIPMENT CORP 763.73 414244 09/23/2021 DEANGELO BROTHERS LLC 276.00 414245 09/23/2021 PC SOLUTIONS & INTEGRATION INC 6,720.00 414246 09/23/2021 JUDITH A BURLEY 369.50 414247 09/23/2021 PUMP SERVICE & IRRIGATION INC 307.50 414248 09/23/2021 KRONOS SAASHR INC 37.80 414249 09/23/2021 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 266.77 414250 09/23/2021 MT CAUSLEY LLC 31,042.00 414251 09/23/2021 FERGUSON US HOLDINGS INC 3,260.61 414252 09/23/2021 BLUE GOOSE CONSTRUCTION LLC 2,459.52 414253 09/23/2021 STAPLES INC 1,939.24 414254 09/23/2021 LOWES COMPANIES INC 11,011.07 414255 09/23/2021 SMI TRADING LLC 53.82 414256 09/23/2021 CHRIS ZAVESKY 100.00 414257 09/23/2021 SMARSH INC 8,721.42 29 TRANS NBR DATE VENDOR AMOUNT 414258 09/23/2021 ROBERT A HUDS, ON 150.00 414259 09/23/2021 THEODORE SEN41 150.00 414260 09/23/2021 AQUATIC WEED CONTROL INC 290.00 414261 09/23/2021 CW ROBERTS CONTRACTING INC 52,027.00 414262 09/23/2021 RANDSTAD NORTH AMERICA INC 1,504.34 414263 09/23/2021 TRAILHEAD LABS INC 1,250.00 414264 09/23/2021 SAFE FAMILIES FOR CHILDREN 4,014.25 414265 09/23/2021 ADOLPH KIEFER & ASSOCIATES LLC 574.00 414266 09/23/2021 GARDNER BIST BOWDEN BUSH DEE LAVIA 270.00 414267 09/23/2021 MAGELLAN ADVISORS LLC 14,900.00 414268 09/23/2021 D C CONSTRUCTION & COMPANY INC 537.50 414269 09/23/2021 MADISON CLOUD IT SOLUTIONS LLC 21,235.00 414270 09/23/2021 BLEDSOE ENTERPRISES LLC 740.00 414271 09/23/2021 ALPHAVETS INC 1,483.53 414272 09/23/2021 FERGUSON RENTAL LLC 475.00 414273 09/23/2021 UNIVERSITY OF FLORIDA 75.00 414274 09/23/2021 UNIVERSITY OF FLORIDA 300.00 414275 09/23/2021 PHILLIP J MATSON 781.43 414276 09/23/2021 BRE-CLEARWATER OWNER LLC 357.00 414277 09/23/2021 ELIZABETH POWELL 305.00 414278 09/23/2021 DAVID SILON 116.00 Grand Total: 1,751,709.15 30 TRANS. NBR DATE VENDOR AMOUNT 1018695 09/17/2021 OFFICE DEPOT INC 4,235.14 1018696 09/17/2021 AT&T CORP 5,472.99 1018697 09/17/2021 WASTE MANAGEMENT INC OF FLORIDA 282.55 1018698 09/20/2021 COLD AIR DISTRIBUTORS WAREHOUSE 76.91 1018699 09/20/2021 INDIAN RIVER BATTERY 294.35 1018700 09/20/2021 INDIAN RIVER OXYGEN INC 3,806.61 1018701 09/20/2021 MEEKS PLUMBING INC 294.00 1018702 09/20/2021 SOUTHERN COMPUTER WAREHOUSE INC 395.00 1018703 09/20/2021 FIRST HOSPITAL LABORATORIES INC 420.00 1018704 09/20/2021 PRIDE ENTERPRISES 106.54 1018705 09/20/2021 STRYKER SALES CORP 28,080.00 1018706 09/20/2021 L&L DISTRIBUTORS 345.76 1018707 09/20/2021 STAT MEDICAL DISPOSAL INC 200.00 1018708 09/20/2021 COMCAST 120.00 1018709 09/22/2021 OFFICE DEPOT INC 2,344.99 1018710 09/22/2021 COMCAST 137.45 1018711 09/22/2021 WASTE MANAGEMENT INC OF FLORIDA 1,291.07 1018712 09/23/2021 INDIAN RIVER BATTERY 1,530.10 1018713 09/23/2021 DEMCO INC 486.27 1018714 09/23/2021 DAVES SPORTING GOODS & TROPHIES 1,080.00 1018715 09/23/2021 ST LUCIE BATTERY & TIRE CO 350.80 1018716 09/23/2021 ST LUCIE BATTERY & TIRE CO 395.36 1018717 09/23/2021 IRRIGATION CONSULTANTS UNLIMITED INC 321.58 1018718 09/23/2021 JOHN DEERE COMPANY 44,608.82 1018719 09/23/2021 SOUTHERN COMPUTER WAREHOUSE INC 808.40 1018720 09/23/2021 WIGINTON CORPORATION 10,684.00 1018721 09/23/2021 COMPLETE RESTAURANT EQUIPMENT LLC 475.00 1018722 09/23/2021 FIRST HOSPITAL LABORATORIES INC 35.00 1018723 09/23/2021 COMMERCIAL ENERGY SPECIALISTS 268.28 1018724 09/23/2021 HD SUPPLY FACILITIES MAINTENANCE LTD 170.53 1018725 09/23/2021 BARKER ELECTRIC, AIR CONDITIONING 28,290.00 1018726 09/23/2021 GREEN EQUIPMENT COMPANY 1,079.00 1018727 09/23/2021 PIONEER MANUFACTURING 2,428.56 1018728 09/23/2021 RADWELL INTERNATIONAL INC 233.68 1018729 09/23/2021 CM&S INDUSTRIES INC 2,565.00 1018730 09/23/2021 GUARDIAN ALARM OF FLORIDA LLC 340.00 1018731 09/23/2021 NEXAIR LLC 67.34 1018732 09/23/2021 EFE INC 124.26 1018733 09/23/2021 PACE ANALYTICAL SERVICES LLC 720.00 1018734 09/23/2021 AT&T CORP 992.51 1018735 09/23/2021 AT&T CORP 642.62 1018736 09/23/2021 AT&T CORP 1.66 Grand Total: 146,602.13 31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 8920 09/17/2021 FL SDU 3,991.94 8921 09/17/2021 TOTAL ADMINISTRATIVE SERVICES CORP 10,987.10 8922 09/17/2021 SCHOOL DISTRICT OF I R COUNTY 141,167.46 8923 09/17/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 11,561.61 8924 09/17/2021 NATIONWIDE SOLUTIONS RETIREMENT INC 74,160.70 8925 09/17/2021 TEAMSTERS LOCAL UNION #769 5,243.00 8926 09/17/2021 IRC FIRE FIGHTERS ASSOC 10,190.48 8927 09/20/2021 IRS -PAYROLL TAXES 522,983.43 8928 09/21/2021 IRS -PAYROLL TAXES 40.50 8929 09/22/2021 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 40,068.00 8930 09/22/2021 VEROTOWN LLC 10,000.00 8931 09/22/2021 CITY OF SEBASTIAN 4,257.23 8932 09/22/2021 IRC CHAMBER OF CONIIvIERCE 11,752.43 8933 09/22/2021 IRC CHAMBER OF COMMERCE 20,027.49 8934 09/22/2021 SENIOR RESOURCE ASSOCIATION 47,340.00 8935 09/23/2021 EDH HOLDINGS LLC 301.14 8936 09/23/2021 EDH HOLDINGS LLC 10,858.25 8937 09/23/2021 KIMLEY HORN & ASSOC INC 7,143.63 8938 09/23/2021 NATIONAL METERING SERVICES INC 35,086.82 8939 09/23/2021 SAVE ON SP LLC 10,488.96 8940 09/23/2021 ATLAS ORGANICS INDIAN RIVER LLC 145,041.71 Grand Total: 1,122,691.88 32 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: September 20, 2021 SUBJECT: Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. Background: On August 13, 2019, the Indian River County Board of County Commissioners approved a renewal of Class `B" Certificate of Public Convenience and Necessity for Indian River County Senior Resource Association to provide Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 2, 2021, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "E" certificate has been submitted by Senior Resource Association. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. 33 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2021 to October 2, 2023. ATTACHMENTS: Renewal Application From Senior Resource Association 34 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Senior Resource ASSOCiatiCn, inC. DATE: 8/18/2021 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. It payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ® This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ ❑BLS [7]ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ LBLS ❑ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS QALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers, Class E [�] Wheelchair L Wheelchair/Stretcher V/Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole eitner directly or indirectly with government funds. Class E1 ❑ Ilwheelchair L Wheelchair/Stretcher FAmbulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. U:1Beth\Beth Casano EOMCOPCMRENEWAL PACKETS�COPCN Applicatlon.doc 35 COMPANY DETAILS 1. NAME OF AGENCY: Senior Resource Association, Inc. MAILING ADDRESS: 694 14th Street CITYVero Beach COUNTY Indian River ZIP CODE: 32960 BUSINESS PHONE: 772-569-0903 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Private Non Profit 3. MANAGER'S NAME: Karen Delgl ADDRESS: 694 14th Street, Vero Beach, FL 32960 PHONE #: 772-473-2935 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Jennifer Johnson 694 14th Street C.F.O. Lizbeth Bruner 694 14th Street V.P. of Philanthropy 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE11 Brian Freeman 1301 27th Street 772-226-1990 Ginger Atwood 12.1 19th Pi. B-401 772-231-5999 Tad Stone 4225 43rd. Ave 772-226-3900 UABelMelh Casano EOCICOPCNIRENEWAL PACKETS%COPCN Application.doc 2 36 6. FUNDING SOURCE. Local, State and Federal Transportation Grants 7. RATE SCHEDULE ATTACHED? YES O NO O N/A(�) 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 4385 43rd Ave, Vero Beach, FL 32957 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: Macom P5100, Harris XG-25, Samlex Power SEC 1223 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) IRC -P25 CC -Med CC -Fixed 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Sheriff s Office Sheriff's Office UABeIhlBelh Casano EOMCOPMRENEWAL PACKETS1CJPCN Applicalion.doc 3 37 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9 RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 — 9 ❑ 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. ❑ 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to.be considered. F13. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 F14. Copy of Standard Operating Procedures. ❑ 5. Copy of Medical Protocols. ® 6. Copy of your insurance policy — must show coverage limits — ® 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) F48. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. M9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UABethlBelh Casano EOCICOPCMRENEWAL PACKETSICOPCN Applicallon.doc W., V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS I, Karen Deigi , the representative of Applicant Name Senior Resource Association, Inc. , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS M Applicant Name Business Name of Service the representative of do hereby attest that the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. 8/1812021 APPLICANT SIGNATURE DATE Before me personally appeared the said r , ��.: { : ; 5 ; '��, <--1_� who says that he/she executed the above instrument of his/her own'free will an accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this r day of 2031. My commission expires: ]NOTA ,Y..PUBUC LOUISE M BATISTA WBelh\Deth Casano EOCICOPMRENEWAL PACKETSICOPCN Applicati ,11 c t=Notary Public -State of Florida 5 Commission # HFI 82673 ,Fo My Commission Expires �e���'�� nu r 1. 2026 39 A`" ?& CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO1YYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT; If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER CONTACT NAME: Certs ica_te DC artRlent Sihle Insurance Group, Inc, 1021 Douglas Ave, PHONE — FAX ' (NC..H0._ERq 407_869-5490 _ _— LArc, o} 407-389-3580... Altamonte Springs FL 32714 EMAIL neorLEss__CertiTicates�G slhle com _ — _ y INSUR.ERjSIAFFORDING COVERAGE MAIC b INSURER, A_ AIIIance, Of Nonprofits for Insurance 1002.3 - INSURED SENIRES•01 INSURERD: Sensor Resource Association, Inc, 694 14th Street INSURERC: _._ Vero Beach FL 32960 INSURER D: INSURER E: $500,000 INSURER F: COVERAGES CERTIFICATE NUMBER,777Ro1454 RFVIAIr1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONMTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIt ----.._....._ - ----- �.._.._ ...------- _ r-----..,..----------- --------- POLICY EFf POLICY EXP ------ -- ----- .... -----._... --_ _ - ----- — LTR TYPE OF INSURANCE POLICY NUMBER MMIODIYYYY LIMITS A X COMMERCIALGENERALLIABILITY 2019-36741 10/1/2020 10/112021 EACH OCCURRENCE $1,000,000 CLAIAIS•h1A0E X OCCUR oRTI1AI - S%TORENT'F'O PEh11ES IF occurrence),..... $500,000 MED EXP (Any are person) S 20,000 PER -_ONALBAOVS_--INJURY _ ----------- .._._ ..._._...—_..__...___..__....._.___..__ S_1,000,000 ' GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE_ $ 3.000,000 X- I POLICY �- .. I JE � I_-- LOC PRODUCTS • COMP10P AG_G $ 3,000,000---_ l11 OTHER: S A AUTOMOBILE LIABILITY 2019-36741 10/112020 10)112021 COMBINED SINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY (Per person) S ._ OWNED SCHEDULED AUTOS ONLY _— AUTOS BODILY INJURY (Por accident ) S X HIRED X NLY PROPERTYDAk1AGE $ „ AUTOS ONLY .— AUTOS ONLY AUTOS Par acct e PIP $10,000 A X --- UMBRELLA X I UCCUR 201D-36741 10/1/2020 10/112021 EACH OCCURRENCE 52,000,000 ---- ._ . . -- ---- AGGREGATE EXCESSLIAB CLAIf.1S•AiADE $2,000,000 DED 1 RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYYIN __....STATUTE. ..,_ EF2_....._._ ............._._ ..__...__. ANYPROPRIETOFVPARTNER/EXECUTIVE OFF ICER)MEMBERFXCLUDED7 ❑ NIA E.L. EACH ACCIDENT ----------- ------.. S (Mandatory In NH} E.L. DISEASE - EA EMPLOYEE $ If yes, describe under . -_ .. ... . DESCRIPTION OF OPERATIONS helDw I I I E.L. DISEASE • POLICY LIMIT $ A ProfessionalLiatNidy 2019-36741 1011/2020 10/1/2021 General Aggregate 1,000,000 Oeduclible 5,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more spaco Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVEREO IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ��� ©1988-2015 ACORD CORPORATION. All rlahts reserved. 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WLLLLLL rMaW W W Wu-U` OgEd U( W C7uJ�3U` WW cc��c.� WLL 0U` LL-LLW W aW W LL aMw�awwaLL'��RadM W WpQ0a0Q(rr')��(cc�j�WQ00Q0Q0gqQ0Q0QW LL LLLLLLl1-lLLL OD C�L�U(�CiN (S10D MMMOO(D(9 C) (D ULLLLLLULL�NNNQQLL O 00 (h0 N�1rv_ ONNNNIV�O LL LL�Ci rr r(O NNLLLLO V1 (Orr (D (O LLQ�(('�(OLL�LLLLQOiL r.,�..r rr;'-rrrrr.LL-watt 3: aaa �a aLL' as yr n a- y d' w W W �' O W W O W W a' p' W W- m C c ,4 D O W W__ D O J O O F F O_ F, O_ U W C/ Gl N N, Gl O 6l N N N N Ql W ozzzwwzzzJ F F F 1 J} FFM r ���cu O m(�C�( _ O J J=- O O 41 N Q�QeFDEF0a)o�a)vEma,vvwm N J v C C C v v C C a '- C v v C c t7 a C C v v C C F >» »> O MMNpDZ)N0) `E°����gOs d cUFFFN L� N N N O) NL 6/ 4/ Ol N Q7 N t0 iO F <D Zo F &O (D iO (D > g U <Dr N N N U F O O O O O U O O O 0 0 0> m m N C1 ik Marn00000 W hh(r7 MMMMMrat 0)"1"(7 vt h 1. mCDmF[S1a(DMf-000Mhror a(n hhhrOQrrr Q�Urr r rUr O� U, I-- �0O(oM(o000 a a07 OM(D(Dh I'D NM W mr F'NNN r XXXNXXX=X rnoa a a(Q aNNN�X(NOM�Nf/I FF=XX FF W NNNrN�hh~NhhO�N LL tL FFFFXX��FXXXFFF LL FFFX UC0.0.iC7C7OO_JJJLiOO_JJ_OC1000_JOO C C �0 'ate'« L ':5Q CLQ gU.pLLUUUUU(7>> >�LL�UULLLL��UIaLLL LLLLLLU�LL O aUULLLL 927 N N v N O1 N Iu- 11 lL LL IL lL IL l IL (D(OI(011-Ir- O O N O O MMMMNNNMMMMM g p 0 0 0 a (n U1h(n(OCD(DO(DtDhh W W W (OMaOM N N N r N N r N i N N N N N N N N N N N N N N N N N N N N N N n N N N N N N N N N N N N N N N N N N N FIRST NAME MIDDLE NAME LAST NAME LICENSE NUMBER DATE OF BIRTH COMMERCIAL LICENSE? Tangle Anderson A536808619430 12/3/1961 YES LEDA BELIZAIRE 6426520698661 10/6/1969 NO Lakeydra Bell 8400533858290 9/9/1985 NO Camy Benois 6520100590020 1/2/1959 YES Wycliffe Biggs B200896980250 1/25/1998 NO JOHN J BLAZUK 8422470503750 10/15/1950 YES THOMAS R BROWN 6650836551670 5/7/1955 YES THALIA BRYANT B653800685580 2/18/1968 NO KATILYA N BYNOE BS00514748320 9/12/1974 YES ANTHONY C CANTRELL CS36803633380 9/18/1963 YES IRIS B COLLINS C452402657970 8/17/1965 YES DU RVAL EDWARDS E363160591220 4/2/1959 YES ROBERT F FORSTE F623766473630 10/3/1947 YES PIERRE R FRANCOIS F652676690950 3/15/1969 NO LUIS 0 GARCIA G620534663380 9/18/1966 YES NANCY GIACCO G200620585420 2/2/1958 YES HECTOR F G ONZALEZ G524326590180 1/18/1959 NO ROBERTO G ONZALEZ G524720634621 12/22/1963 YES Gwendolyn Green G650281576000 3/20/1957 YES NANCY L GREHAN G650632726720 5/12/1972 YES CLAU DE C HILL H400103560540 2/14/1956 YES RICHARD N HOUSTON H235754473320 9/12/1947 YES TERRI L JASPER 1216812607160 6/6/1960 YES JEAN JUSTE B JEAN BAPTISTE 1522420632570 7/17/1963 YES STEVEN 1 KEAT K300790554440 12/4/1955 YES NELSON F LAPUENTE-ZORILLA L153626910820 3/2/1981 NO ARTATIUS E LASTER J250005695181 1/18/1969 YES REBECCA K LAWRENCE L652731647820 8/2/1964 YES CHRISTINE M MAGE M200113656240 4/4/1965 YES RODERICK R MARTIN M635736533450 9/25/1953 NO ROSEMARY F MILLAR M460726588640 10/4/1958 NO CHARLES L MURPHY M610152431010 3/21/1943 YES Jean Pharel P640460671440 4/24/1967 YES ANTHONY B POOLE P400802664640 12/24/1966 YES CLARISSA F POWERS P620106695850 3/5/1969 YES JESSICA A RADFORD R316421748640 10/4/1974 NO RICARDO R RA MIREZ R562720782700 7/30/1978 YES CO NNIE P REED R300115508780 10/18/1950 YES ARNETH A D ROBINSON R152004589180 11/18/1958 YES PATRICIA M RYAN RS00693588090 8/29/1958 YES BARRINGTO N SCOTT S300060571890 5/29/1957 YES HOLLY A SEETO N S350321966650 5/5/1996 NO ANNIE G SHELLY 5400047608100 8/30/1960 YES SHARQUITA J SMITH 5530790905820 3/2/1990 NO CHRIS B STEPHENSON 5315102881000 3/20/1988 NO JOESCEFFIS STOREY 5360420603750 10/15/1960 YES Harry Sutherland 5364373522550 7/15/1952 NO ROBERT A SZOYKA 5200761650150 1/15/1965 YES Hector Tarratas T632332561360 4/16/1956 YES 42 PETER TERPAK T612660462550 7/15/1946 YES PEDRO E URENA U650665641370 4/17/1964 YES JAMES M WHEELER W460453621360 4/16/1962 YES Ian Witt i W300418590910 3/11/1959 YES KATHY 5 WRIGHT W623517709300 11/30/1970 YES SAFAWA I CLARKE C462794909600 12/20/1990 YES BRYANT I VANESSA B653879636790 1 5/19/1963 YES 43 �E Fc—oNSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: Tad Stone, Director Department of Emergency Services FROM: Erin Sawyer, Staff Assistant IV Department of Emergency Services DATE: September 23, 2021 SUBJECT: Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. On September 17, 2019, the Indian River County Board of County Commissioners approved renewal of a Class `B" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to provide Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" certificate has been submitted by The ARC of Indian River County Inc. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class `B" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to be effective for a period of two (2) years commencing October 5, 2021, and expiring October 5, 2023. ATTACHMENTS: COPCN Renewal Application from The ARC of Indian River County, Inc. Signed application available for review in the IRC Emergency Services Office 44 PjMF"T INDIAN RIVER COUNTY �QPS�F, O DEPARTMENT OF EMERGENCY SERVICES CFNCY 5EP APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: The Arc Of Indian River County, Inc. DATE: 08/20/2021 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ® This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes a.1d options. Class A ❑ ❑BLS ❑ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ LBLS GALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ ❑BLS []ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ ❑BLS ❑ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑K ZWheelchair 0 Wheelchair/StretchernAmbulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class E1 ❑ IlWheelchair -DWheelchair/StretcherF]Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. UABeth\Beth Casano EOCICOPCN\RENEWAL PACKETS\COPCN Application.doc 145 II. COMPANY DETAILS 1. NAME OF AGENCY: The Arc of Indian River County, Inc. MAILING ADDRESS: 1375 16th Ave CITY Vero Beach ZIP CODE: 32960 COUNTY Indian River BUSINESS PHONE: (772) 562-6854 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): Non -Profit Corporation 3. MANAGER'S NAME: Heather Dales, CEO ADDRESS: 1375 16th Ave, Vero Beach, FL 32960 PHONE #: (772) 562-6854 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS (Please see attached list of Board of Directors) POSITION 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Treasure Coast Automotive 1795 8th Ct, Vero Beach, FL 32962 (772) 794-9061 Level 4 Telecom 100 SW Albany .Ave, Ste 110, Stuart, FL 34994 (772) 873-7753 Como Oil of Florida 1701 Commerce Ave, Vero Beach, FL 32960 (772) 562-6666 UABeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN ApplicationAcc � 46 6. FUNDING SOURCE: Florida Medicaid, CDC, Private Pay 7. RATE SCHEDULE ATTACHED? YES ( NO O N/AO 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 1375 16th Ave, Vero Beach, FL 32960 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT.- Cell ADIOS/EQUIPMENT:Cell phonesN/ 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) N/A N/A 3. LIST ALL HOSPITALS AND CTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION N/A N/A WBeth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 347 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - 9 RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY #'s 6 - 9 F11 . Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. F-12. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. F-13. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 F-14. Copy of Standard Operating Procedures. F-15. Copy of Medical Protocols. ❑✓ 6. Copy of your insurance policy - must show coverage limits - ❑✓ 7. Vehicle Information. For each. vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) ❑✓ 8. Personnel Roster. For each employee provide the following: a. Name - Last, First anc Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. ❑✓ 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges U1Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 448 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or E1 APPLICANTS Heather Dales, CEO , the representative of Applicant Name The Arc of Indian River County, Inc. , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS I Applicant Name Business Name of Service the representative of do hereby attest that the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application ara true and correct. 08/2012021 APPLICANT SIGNATURE DATE Before me personally appeared the said Heather Dales who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose there, Sworn and s bscribed in my presence this 20th day of Augusta 1 / . / v1� U My commission expires: 11/04/2023 NOTARY PUBLIC Debbie IS VanGG9286 2 Ml' CO��IMISSION # GG928692 1(&EXPIRES November 04,2023 WBetMBeth Casano EMCOPCMRENEWAL PACKETSICOPCN Application.doc 549 The Arc of Indian River County, Inc. COPCN Renewal Application - Section 11.4. List of Board of Directors Name Address Position A.J. Brackins 2800 Ocean Drive, Vero Beach, FL 32963 Chair Mary Beth Vallar 2100 Indian Creek Boulevard East, A-205, Vero Beach, FL 32966 Vice Chair Michael Burns 3545 Ocean Drive, Vero Beach, FL 32963 Treasurer Anni Vuorenkoski Dalgleish 1255 42nd Sqare, 4102, Vero Beach, FL 32960 Director Herb Hinkle 97 Cache Cay Drive, Vero Beach, FL 32963 Director Cathy LaCroix 836 Norfolk Pine Lane, Vero Beach, FL 32963 Director Jeffrey Petersen 660 Beachland Blvd, Vero Beach, FL 32963 Director Dillon Roberts 979 Beachland Blvd, Vero Beach, FL 32963 Director Ed Smith 1342 Riverside Lane, Vero Beach, FL 32963 Director 50 A0 Client#: 720027 ARCINDIA ACORDn. CERTIFICATE OF LIABILITY INSURANCE D5/24/2/DD/YYYY) 5!24/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Marsh & McLennan Agency Bouchard Region 101 N. Starcrest Drive CONTACT NAME: PHONE 727 447-6481 AIC No Ext : IF A/ C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC AClearwater, FL 33765 INSURER A: Florida Insurance Trust 999999 INSURED The Arc of Indian River County, Inc. 1375 16th Avenue INSURERS! Century Surety 36951 INSURER C: INSURER D: Vero Beach, FL 32960 INSURER E: INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ❑ JECT FILOC OTHER: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MhVDD/YY POLICY EXP MWODNYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR Y FITGL338262021 6/01/2021 06/01/2027RR'EM CH�OECCURRENCE s1000000 e S1 OOO OOO IS�(Any HIENTED'.. D EXrson) S10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY ❑ JECT FILOC OTHER: GENERAL AGGREGATE s3,000,000 PRODUCTS - COMP/OP AGG $3,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X NON -OWNED AUTOS ONLY FITAU338262021 6/01/2021 06/01/2022 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident S S B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE FITXS338262021 6/01/2021 06/01/202 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 DED I I RETENTIONS S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) 11 yes, describe under DESCRIPTION OF OPERATIONS below N / A FITWC338262021 6/01/2021 06/01/202 X PER TATUT DTH• E.L. EACH ACCIDENT s2,000,000 E.L. DISEASE - EA EMPLOYEE s2 OOO OOO E.L. DISEASE -POLICY LIMIT 52,000,000 A Prof Liab / Abuse FITGL338262021 6/01/2021 06/01/202 $1,000,000 / $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required) If required by written contract, Certificate Holder is an additional insured with respect to General Liability, subject to the terms, conditions and exclusions of the policies. Additional insured with respect to General Liability includes ongoing and completed operations. For Informational Purposes I.HIVI.CLLHI IL)N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of -I The ACORD name and logo are registered marks of ACORD #S8317333/M8317244 RCAXM The Arc of Indian River County, Inc. COPCN Renewal Application - Section IV.7, Vehicle Information Make Model Year Manufacturer Mileage VIN # Tag # Passenger Capacity 8 Ambulatory & Chevrolet Express G3500 2012 GM 114,033 1GB3G2BG5C1113671 X2046C 2 Wheelchairs 4 Ambulatory & Chevrolet Uplander 2008 GM 114,744 1GBDV13W38D152405 X4689D 1 Wheelchair 8 Ambulatory & Chevrolet Express G3500 2016 GM 42,306 1GB3G2BG7F1287942 X8284C 2 Wheelchairs 10 Ambulatory & Chevrolet Express G4500 2016 GM 72,155 1GB6GUBG4G1282739 X2248D 2 Wheelchairs 12 Ambulatory & Chevrolet Express G4500 2016 GM 75,490 1GB6GUBG2G1127641 X7812C 2 Wheelchairs 8 Ambulatory & Chevrolet Express G3500 2016 GM 48,066 1GB3G2BG8F1287948 X8283C 2 Wheelchairs 8 Ambulatory & Chevrolet Express G3500 2016 GNA 45,869 1GB3G2BGOF1286566 X8285C 2 Wheelchairs 52 The Arc of Indian River County, Inc. COPCN Renewal Application - Section IV.8. Personnel Roster Last Name First Name MI Florida DL # DL Exp Date Alford Robert J. A416-770-77-219-0 6/19/2023 Anunziato Anthony F. x552-006-42-189-0 5/29/2022 Coleman Evelyn D. C455-204-82-672-0 S/12/2029 Knight Cheryl A. <523-101-89-763-0 7/23/2028 Miller Jacqueline M. PA460-433-69-650-0 4/30/2027 Peart Christine V. P630-118-71-948-0 12/8/2028 Rodgers Melissa M. R326-553-74-752-0 7/12/2028 Streeter, Jr. John E. 5363-465-42-324-0 9/4/2026 Smith Shonnica L. 5530-792-75-542-0 2/2/2027 Stanton Laura B. 5353-522-60-767-0 7/27/2028 Tinico Moises D. T521-544-73-412-0 11/12/2025 53 The Arc of Indian River County, Inc. COPCN Renewal Application - Section IV.9. 2021 Fee Schedule Service Type Base Rate Mileage Waiting & Special Charges Transportation (Ambulatory) $9.18 per trip 1 way N/A Transportation (Non -Ambulatory) $13.00 per trip 1 way N/A 54 0r MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: September 27, 2021 SUBJECT: Deed of Conservation Easement — First Negotiation Rights BACKGROUND. In December 2007, the Indian River County Board of County Commissioners ("Board") acquired conservation easements over two adjacent ranches in western Indian River County under the County's environmental lands program: the Triple S Ranch (±702 acres) and the Padgett Creek Ranch (±885 acres). Since that time, County staff has conducted periodic monitoring visits to both ranches and has confirmed that the ranches are being maintained in accordance with the County's easements. Under the Deed of Conservation Easement from Triple S Land Company (a.k.a. Triple S Ranch), the County has no maintenance or improvements obligations and the owner has the obligation to " ... preserve and protect in perpetuity the conservation values of the property ... it In 2016, the County was notified by Mr. Varley Grantham, president of the Triple S Land Company, of his intent to sell the Triple S Ranch. The Deed of Conservation Easement sates that "if Grantor intends to sell the Property ... Grantor shall deliver to Grantee [County] notice of such intent, and shall, in good faith, afford Grantee an opportunity to negotiate the acquisition of the Property or such portion thereof or interest that Grantor intends to sell (herein `Grantee's First Negotiation Rights')." On October 4, 2016, the Board voted to unanimously not to exercise its first negotiation rights and the property was acquired by Padgett Creek, LLC. On September 17, 2021, Charles Garris, on behalf of Padgett Creek, LLC, sent a letter to the County Attorney's Office, notifying the County of the current property owner's intent to sell the property. 55 Board of County Commissioners September 27, 2021 Page 2 Like in 2016, County staff's position is that the conservation easement is serving the public interest and resulting in the conservation and management of natural resources in a regional corridor warranting protection. Additionally, because the site is remote from the vast majority of County citizens, the public access benefits that could accrue from fee simple acquisition are minimal. Finally, County staff believes that fee simple acquisition of the property would result in acquisition and management costs that are unneeded to meet County objectives that are already being accomplished under the easement. FUNDING. No funding is necessary at this time. RECOMMENDATION. The County Attorney's Office recommends Indian River County Board of County Commissioners refrain from exercising its first negotiation rights and authorize staff to notify Mr. Garris that the County is not interested in fee simple acquisition of the Triple S Ranch property. ATTACHMENTS. Deed of Conservation Easement 56 1892910 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2229 PG: 679, 12/20/2007 03:31 PM DOC STAMPS D $34386.80 Instrument prepared by and Should be returned to the County Attorney's Office. 1801 2-,h Street, Vern 8sach, FL DEED OF CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT is made December, 2007, by TRIPLE S LAND COMPANY, whose address is 1925 Lakeside Dr., Orlando, Florida 32803 ("Grantor"), in favor of INDIAN RIVER COUNTY, a political subdivision of the: State of Florida, c/o Community Development Department, 1801 27'h Street, Vero Beach, Florida 32960 ("Grantee"). The terms 'Grantor" and "Grantee" shall include the singular and the plural, and the heirs, successors and assigns of Grantor and Grantee, end the provisions of this easement shall be binding upon and inure to the benefit of Grantor, Grantee and their heirs, successors and assigns. BACKGROUND RECITALS A. Grantor is the sole owner in fee simple of certain real property in Indian River County, Florida, more particularly described in Exhibit A attached hereto and incorporated by reference (hereinafter, the "Propert)(1. B. Grantor and the Grantee mutually recognize the special character of the Property and have the common purpose of conserving certain values and character of the Property by conveyance to the Grantee of a perpetual conservation easement on,. under, over, and across the Property, to conserve the character of the Property,. continue certain farming, ranching and low density residential uses existing at the time of this conservation easement and identified in the baseline documentation or as reserved by Grantor hereln that do not significantly Impair the character of the Property, and prohibit certain further development activity on the Property. C. The specific conservation values of the Property are documented in the "Baseline Inventory Report for the Triple S. Land Company Conservation Easement Tract in Indian River County,. Florida", dated December , ..2007 ("Baseline Documentation"), which consists cf reports, maps, photographs, and other documentation that the parties agree provide, collectively, an accurate representation of the Property at the time of this grant, and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant. The Baseline Documentation is maintained in the offices of the Indian River County Community Development Department and is incorporated by this reference. A copy of the Baseline Documentation will be provided to Grantor at closing and will be available from Grantee on request. A copy of a map of the Property as contained within the Baseline Documentation is attached hereto as Exhibit "B" and is incorporated by reference. 1 ATTACHMENT 3 57 237 EK: 2229 PG: 690 D. Grantee is a governmental body authorized under the provisions of section 704.06, Florida Statutes, to hold coservation easements for the preservation and protection of land in its natural, scenic, historical, agricultural, forested, or open space condition. E. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. F. The fact that any use of the Property that is expressly prohibited by the terms of this Easement may become greatly more economically valuable than uses allowed by the terms of this Easement, or that neighboring properties may, in the future, be put entirely to uses that are not allowed by this Easement has been considered by Grantor in granting this Easement and by Grantee in accepting it. NOW THEREFORE, to achieve the foregoing purposes, and in consideration of $10.00 and other good and valuable consideration, including but not limited to the above and the mutual covenants, terms, conditions, and restrictions contained herein, the receipt and sufficiency of which is acknowledged, and pursuant to the laws of Florida, and in particular section 704.06, Florida Statutes, but without intending the validity of this Easement to be dependent on the continuing existence of such laws, Grantor hereby voluntarily grants and. conveys to Grantee a conservation easement in perpetuity over the Property of the nature and character and to the extent hereinafter set forth ("Easement" or "Conservation Easement'). ARTICLE 1. DURATION OF EASEMENT This Conservation Easement shall be perpetual. It is an easement in gross, runs with the land, and is enforceable by Grantee against Grantor, Grantor's personal representatives, heirs, successors and assigns, lessees, agents, and licensees. ARTICLE II. PURPOSE OF EASEMENT It is the purpose of this Easement to assure that the Property will be retained forever in its natural, scenic, wooded condition to provide a relatively natural habitat for fish, wildlife, plants or similar ecosystems, and to preserve portions of the Property as productive farmland and forest land that sustains for the long term both the economic and conservation values of the Property and its environs, through management guided by the following principles: • Protection of scenic and other distinctive rural character of the landscape; • Maintenance and enhancement of native wildlife and game habitat: • Protection of unique and fragile natural areas and rare species habitats; • Maintenance of the value of the resource in avoiding land fragmentation; • Protection of surface water quality, the Floridan Aquifer, wetlands, and riparian areas. 2 58 238 BK: 2229 PG: 681 The above purposes are hereinafter sometimes referred to as 'the Conservation Purposes", Grantor intends that this Easement will confine the use of the Property to such activities as are consistent with the Conservation Purposes of this Easement and identified in Article V. ARTICLE III. RIGHTS GRANTED TO THE GRANTEE To accomplish the Conservatlon Purposes of this Easement the following rights are conveyed to Grantee by this Easement A. The right to enforce protection of the conservation values of the Property: B. All future residential, commercial, industrial and incidental development rights that are now or hereafter allocated to, Implied, reserved, or inherent in the Property except as may be specifically reserved to Grantor in this Easement. The parties agree that such rights are hereby terminated and extinguished and may not be used on or transferred to other property. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Easement shall be transferred to any other lands pursuant to a transferable development rights scheme or cluster development arrangement or otherwise, nor shall any development rights or density credits be transferred onto the Property from other property C. The right to enter upon the Property at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior 48 hours prior notice to Grantor, and Grantee shall not unreasonably interfere with Granto 's use and quiet enjoyment of the Property. To effectuate the foregoing right, and the Limited Access right granted in Article VII for the benefit of Grantee and the public, as set forth therein, the Grantor has recorded in Official Records Book 222;. Page d," . Public Records of Indian River County, Florida, . that certain 'First Amendment to Access Easement Agreement" to amend the "Access Easement Agreement' recorded in Indian River County in Official Records Book 1261, Page 1597 D. The right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purposes or provisions of this Easement and to require the restoration of or to restore such areas or features of the Property that may be damaged by any inconsistent activity or use, at Grantor's cost. E. The right of ingress and egress to the Property. F. The right to have the ad valorem taxes, assessments and any other charges on the Property paid by Grantor. G. A right to notice of intent to sell. The terms of this right are such that if 3 59 239 BK: 2229 PG: 682 Grantor intends to sell the Property, or any interest therein or portion thereof, Grantor shall deliver to Grantee notice of such intent, and shall, in good faith, afford Grantee an opportunity to negotiate the acquisition of the Property, or such portion thereof or interest therein that Grantor intends to sell (herein "Grantee's First Negotiation Rights"). If Grantee cesires to negotiate the acquisition of the Property, or such portion thereof or interest therein, Grantee shall so notify Grantor within 30 days after receipt of Grantor's notice of intent. If Grantor and Grantee are unable, in good faith to agree to terms of an acquisition of the Property, or such interest therein or portion thereof as applicable, within 120 calendar days thereafter, Grantee shall send written notice thereof to Grantor ('Paragraph G Notice"). Thereafter, Grantor may sell the Property free of Grantee's First Negotiation Rights granted herein; provided, however, that closing on such sale shall occur within one year of the date of the Paragraph G Notice. If the Property, or such portion thereof or interest therein as is applicable, has not sold within one year after the Paragraph G Notice, then any intent to sell the Property thereafter shall require renewed notice to Grantee, and Grantee shalt comply with the notice obligations imposed herein. This right of notice shall not be triggered by sales or transfers between Grantor and lineal descendants of Grantor or entities in which Grantor owns a majority of the controlling interests. The right of notice granted herein applies to the original Grantor and to said original Grantor's successors and assigns. Any purchaser or transferee takes title to the fee encumbered by this Conservation Easement. G.1. Grantee acknowledges that there currently exists a Right of First Refusal dated March 1, 1999 between Triple "S` Cattle Company, a Florida corporation, predecessor in interest to Grantor hereunder and Padgett Creek LLC, , evidenced by that certain Notice of Right of First Refusal, dated March 4, 1999, and recorded in Official Records Book 1261, Page 1607, Public Records of Indian River County, Florida (the " Right of First Refusal"). The Right of First Refusal remains in full force and effect as of the date of the execution of this Deed of Conservation Easement. Grantee further acknowledges that Grantee's First Negotiation Rights are subordinate to the Right of First Refusal. Grantor and Grantee acknowledge and agree that, solely for the purpose of granting this Conservation Easement, the Property shall be released and discharged from the Right of First Refusal as more specifically set forth in that certain "Partial Release Of Lands Subject To Notice Of Right Of First Refusal ' executed in recordable from by and between Grantor hereunder and Padgett Creek LLC and recorded In Official Records Book _?2z'9 . Page G Y-1—, Public Records of Indian River County, Florida. Thereafter, any purchaser or transferee under the Right of First Refusal takes title to the fee encumbered by this Conservation Easement. G.2. in the event Grantee acquires fee interest in the Property, this Conservation Easement shall not merge into the fee simple estate, and Indian River County as Grantee covenants to take all necessary steps to assure that the estates do not merge. N. The right to be indemnified by Grantor for any and all liability, loss, damage, 60 240 BK: 2229 PG: 683 expense, judgment or claim (including a claim for attorney fees) arising out of any negligent or willful action or activity resulting from the Grantor's use and ownership of or activities on the Property or the use of or activities of Grantor's agents, guests, lessees or invitees on the Property unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as a waiver of the sovereign immunity of Indian River County as Grantee. 1. The right to be indemnified by Grantor for any liability for injury or property damage to persons on the Property arising out of any condition of the Property known to the Grantor to the best of Grantor's knowledge unless solely due to the negligence of Grantee or its agents, in which case liability shall be prorated accordingly. Pursuant to Florida Statutes section 704.06(10)(2006), the ownership or attempted enforcement of rights held by Grantee does not subject the Grantee to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Property encumbered by a Conservation Easement. Further, nothing in this Conservation Easement shall be deemed or construed as a waiver of the sovereign immunity of Indian River County as Grantee. J. The right to have the Property maintained as reflected on the Baseline Documentation, as the Property may develop through the forces of nature hereafter, subject only to the exercise of Grantor's Reserved Rights, and the Rights Granted to the Grantee, as described in this Easement. K. If Grantor fails to cut and remove timber damaged by natural disaster, fire, infestation or the like, then Grantee has the right, but not the duty„ in its sole discretion to cut and remove said timber. Any such cutting and removal by Grantee shall be at the expense of Grantee and all proceeds from the sale of any such timber shall inure to the benefit of Grantee. ARTICLE IV. PROHIBITED USES The Property shall be maintained to preserve the Conservation Purposes of this Easement. Without limiting the generality of the foregoing Grantor agrees that the following uses and practices, though not an exhaustive recital of inconsistent uses and practices, are expressly prohibited or restricted: A. No soil, trash, liquid or solid waste (including sludge), or unsightly, offensive, or hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants, including, but not Ilmlted to, those as now or hereafter defined by federal or Florida law defining hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants shall be dumped or placed on the Property. 61 241 BK: 2229 PG: 684 This prohibition shall not be construed to include reasonable amounts of waste generated as a result of allowed activifes. B. The exploration for and extraction of oil, gas, minerals, dolostone, peat, muck, marl, limestone, iimerock, kaolin, fuller's earth, phosphate, common clays, gravel, shell, sand and similar substances (all of the foregoing, collectively, "Minerals") either directly or indirectly by Grantor or on Grantor's behalf or with the joinder or consent of Grantor in any application for a permit so to do, under and by virtue of the authority of a grant or reservation or other form of ownership of or interest in or control over or right to such substances, except as reasonably necessary to combat erosion or flooding, or except as necessary and lawfully allowed for the conduct of allowed activities. As the holder of this Conservation Easement, Grantee acknowledges that it has no right to explore for or extract any Minerals from the Property.. C. Activities that will be detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and native wildlife habitat preservation unless otherwise provided in this Easement. There shall be no dredging of new canals, construction of new dikes, manipulation of natural water courses, or disruption, alteration, pollution, depletion, or extraction on the Property of existing surface or subsurface water flow or natural water sources, fresh water lakes, ponds and pond shores, marshes, creeks or any other water bodies, nor any activities or uses conducted on the Property that would be detrimental to water purity or that could alter natural water level or flow in or over the Property, Provided, however, Grantor may continue to operate, maintain, or replace existing ground water wells incident to allowed uses on the Property, subject to legally required permits and regulations. D. Ac1n or uses detrimental to the preservation of the structural integrity or physical appearance of any portions of the Property having historical or archaeological significance. Grantor shall notify the Florida Department of Historical Resources or its successor ("FDHR") if historical, archaeological or cultural sites are discovered on the Property, and any sited deemed to be of historical or archaeological significance shall be afforded the same protections as significant sites known to exist at the time of entering Into this easement. Grantor will follow the Best Management Practices of the Division of Historic Resources, as amended from time to time. E. The removal, destruction, cutting, trimming, mowing, alteration or spraying with biocides of trees, shrubs or other natural vegetation, including but not limited to cypress trees, except as otherwise specifically provided In this Easement. There shall be no planting of nuisance exotic or non-native plants as listed by the Exotic Pest Plant Council (EPPC) or its successor. The Grantor shall, to the extent practical, control and prevent the spread of nuisance exotics or non-native plants on the Property. Grantor hereby grants to Grantee the right, In Grantee's sole discretion and at Grantee's expense, to develop and implement an exotic plant removal plan for the eradication of exotics or non-native plants on the Property. Under no circumstances, shall this right conveyed to Grantee be construed to diminish Grantor's responsibilities under this paragraph or as an obligation of the Grantee. 6 62 242 BK: 2229 PG: 685 F. Commercial or industrial activity, or Ingress, egress or other passage across or upon the Property in conjunction with any commercial or industrial activity including but not limited to, swine, dairy and poultry operations and confined animal feed lot operations, G. New construction or placing of temporary or permanent buildings, mobile homes or other structures in, on or above the ground of the Property except as may be necessary by Grantor for maintenance or normal operations of the Property or during emergency situations or as may otherwise be specifically provided for hereinafter. For purposes of this paragraph the term 'emergency" shall mean those situations that will have an immediate and irreparable adverse impact on the Conservation Purposes. H. The construction or creation of new roads or jeep trails except as reserved hereafter. I. There shall be no operation of motorized vehicles except on established trails and roads unless necessary: (i) to protect or enhance the purposes of this Easement, (ii) for emergency purposes, (III) for cattle ranching purposes, (iv) to retrieve game that has been hunted legally, and (v) for oter uses reserved by Grantor in this agreement J. Areas currently improved for agricultural activities as established by the Baseline Documentation may continue to be used for those activities. Areas that are currently in improved pasture as depicted in the Baseline Documentation shall not be converted to more intense agricultural use except as reserved hereafter. Lands that are depicted in the Baseline Documentation as being natural areas shall remain natural areas. K. Actions or activities that may reasonably be expected to adversely affect threatened or endangered species. L. Any subdivision of the land except as may otherwise be provided in this Easement. M. There shall be no signs. billboards, or outdoor advertising of any kind erected or displayed on the Property, except that Grantee may erect and maintain signs designating the Property as land under the protection of Grantee, signs that identify the property, and signs relating to the uses on the Property. N. There shall be no commercial water wells on the Property. 0. There shall be no commercial timber harvesting on the Property except as reserved hereafter. P. There shall be no wireless telecommunication tower facilities on the Property. 63 243 BK: 2229 PG: 686 ARTICLE V. GRANTOR'S RESERVED RIGHTS Grantor reserves to Grantor, and to Grantor's personal representatives, heirs, successors, and assigns, the following specified rights, which are deemed to be consistent with the purpose of the Easement. The exercise of the Reserved Rights shall be in full accordance with all applicable local, state and federal law, as amended from time to time, as well as in accordance with the purposes of this Easement. A. The right to observe, maintain, photograph, introduce and stock native fish or native wildlife on the Property, to use the Property for non-commercial hiking, camping, and horseback riding and similar activities consistent with the Conservation Purposes of this Conservation Easement, so long as the same do not constitute a danger to Grantee's employees, agents, officers, and invitees, and so long as such activities do not violate any of the prohibitions applicable to the Property or Grantee's rights, as stated above. Vitiout limiting the generality of the foregoing, Grantor has the specific reserved nigh, to use the Property for native wildlife mitigation, provided, however, that any and all native wildlife mitigation is accomplished solely in accordance with all then -current best management practices of the Florida Fish and Wildlife Conservation Commission, or other successor agency. Grantor reserves, and shall continue to own, the hunting and fishing rights on, or related to, the Property and Grantor may lease and sell privileges of such rights. B. The right to conduct controlled or prescribed burning on the Property; provided, however, that Grantor shall obtain and comply with a prescribed fire authorization from the local and state regulatory agencies having jurisdiction over controlled or prescribed burning. C. The right to mortgage the Property; provided, however, that the mortgagee's lien shall be inferior to and lower in priority than this Easement; and further provided that Grantor shall obtain a written, recordable instrument from any such lender or mortgagee, that acknowledges that the Property is encumbered by this Conservation Easement and that any mortgage is subordinate to the Conservation Easement and any mortgagee in possession shall be bound by this Conservation Easement as a successor in interest to Grantor. D. The right to contest tax appraisals, assessments, taxes and other charges on the Property. E. The right to continue to use, maintain, repair, reconstruct, or relocate existing buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and such other facilities on the Property as depicted In the Baseline Documentation subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County; provided that the right to relocate is limited to areas identified as improved pasture in the Baseline Documentation. In the event of the relocation of buildings, barns, dog pens, outbuildings, fences, roads, ponds, drainage ditches and 8 64 244 Bx: 2229 PC: 687 such other facilities, the original site of these facilities shall be returned to pasture or native vegetation by Grantor at Grantor's sole cost and expense. Grantor may construct new fences and facilities related to the grazing of livestock in the improved pasture identified in the Baseline Documentation. Grantor may construct a siloh with a maximum height of 35 (thirty-five) feet on the Property provided it is located in the improved pasture identified in the Baseline Documentation and its location is approved by Grantee, such approval may not be unreasonably withheld. Grantor may enlarge existing buildings, barns, dog pens and outbuildings up to one hundred twenty (120) percent of the footprint as of the date of this Conservation Easement. F. The right to exclusive use of the improvements depicted in the Baseline Documentation. G. The right to continue existing agricultural practices as depicted in the Baseline Documentation. It is understood that grazing has occurred throughout the Property and the grazing of cattle, sheep, horses, and other livestock is a reserved right of the Grantor; haying has occurred In the areas identified as Improved pasture in the Baseline Documentation, sod farming has occurred on a limited area of the improved pasture as identified in the Baseline Documentation; and the planting of trees for silviculture purposes has occurred in the improved pasture. Grantor may use commonly accepted fertilizers, pesticides and herbicides only in the improved pasture areas, so long as Grantor uses the foregoing in accordance with agricultural best management practices as may be adopted from time to time by the Florida Department of Agriculture and Consumer Services ("FDACS") or its successor. The planting of trees in the improved pasture for silviculture purposes is reserved by Grantor. Grantor may not cut down trees in the improved pasture unless such trees were specifically planted for silviculture purposes. H.1, The right to construct two new residences in the area identified as improved pasture in the Baseline Documentation, at least one of which shall be located north of Padgett Creek, and the right to subdivide these two residential parcels into two new tax parcels of twenty (20) acres each subject to approval by Indian River County in accordance with all then applicable subdivision requirements for parcels of twenty (20) acres. Each residence shall be subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. in such event, Grantor shall prepare and provide to the Grantee a revised legal description of the Property and legal descriptions for the new tax parcels (Revised Exhibit "A") and the revised exhibit shall be recorded as an allowed amendment to this Conservation Easement, H.2. Each parcel created and each residence shall be subject to all then applicabie development, building, and zoning requirements and restrictions. Uses related and accessory to any residence may be established, provided such uses comply with all then applicable development, building, and zoning requirements and restrictions_ Upon the Grantor notifying the Grantee of the decision to build a residence, Grantee shall release two (2) acres of the applicable residential parcel from this Conservation Easement encumbrance without addi#onal charges or compensation. The remaining 18 9 65 245 BK: 2229 PG: 686 acres shall remain subject to this Conservation Easement. Grantor shall provide a sketch and legal description of the applicable released two (2) acres. H.3. If the Property is divided into new tax parcels and transferred, as provided herein, and events occur with respect to a transferred portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the transferred portion of the Property and the owner of such transferred portion. Similarly, if events occur with respect to the retained portion of the Property that cause Grantee to invoke its rights or remedies, Grantee's rights and remedies shall be limited to the retained portion of the Property and the owner of such retained portion. H.4. New wires, lines, pipes, cables or other linear facilities providing electrical, gas, water, sewer, communications or other utility services to the allowed new or relocated residences may be installed, maintained, repaired, removed, relocated and replaced and Grantor may grant easements over and under the Property for such purposes subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. Septic or other underground sanitary systems serving the residences permitted herein may be Installed, maintained, repaired, or improved in accordance with applicable laws, regulations, and ordinances subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County. For each new or relocated residence Grantor may construct and maintain a permeable road as a driveway if one does not already exist subject to all then applicable development, building, and zoning requirements and restrictions of Indian River County, ARTICLE VI. GRANTEE'S REMEDIES A. Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demard corrective action sufficient to cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the Property so injured. If Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a 30 -day period, fails to begin curing such violation within the 30 -day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefor, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any corrective action on the Property. if Grantee, in its sole discretion, determines that circumstances require 10 66 246 BK: 2229 PG: 689 immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this paragraph apply equally in the event of either actual or threatened violations of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this paragraph, both prohibitive and mandatory, In addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies described in this paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. B. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. C. Waiver of Certain Defenses. Grantor hereby waives any defense of estoppel, adverse possession, or prescription. D. Acts Beyond Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. E. Hold Harmless. Grantor shall hold harmless, indemnify, and defend Grantee and its members, directors, officers, employees, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; (2) the obligations specified in paragraph VI11.A. and VIII.B.; and (3) the existence or administration of this Easement. F. Grantor's Environmental Warranty, 11 67 247 BK: 2229 PG: 690 F.1. Nothing in this Conservation Easement shall be construed as giving rise to any right or ability in Grantee to exercise physical or management control over the day- to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. F.2. Grantor warrants, at the time this Conservation Easement is executed, that it has no actual knowledge of a release or threatened release of any material, substance or waste now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, (all of the foregoing, collectively, "Hazardous Materials") on the Property, other than those Hazardous Materials now or hereafter lawfully used by Grantor in connection with Grantor's current and future operation and use of the Property as such use and operation are permitted hereunder. Grantor hereby covenants to indemnify and hold Grantee harmless from any and all losses, costs, claims (without regard to its merit), liabilities or expenses (including reasonable attorneys' fees) (all of the foregoing, collectively, "Damages") arising from or with respect to any release of Hazardous Materials or violation of environmental laws. F.3. Except as permitted to be used or released by Grantor pursuant to Subsection F.2. above, at any time after the effective date of this Conservation Easement there occurs a release in, on, or about the Property of any Hazardous Materials , Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. ARTICLE Vit. NO PUBLIC ACCESS The granting of this Easement does not convey to the public the right to enter the Property for any purpose whalcoever, and Grantee will cooperate with Grantor in the enforcement of this prohibition. Notwithstanding the foregoing, Grantor will allow bird watching, cultural, and educational outings sponsored by non-profit organizations and schools that are able to provide appropriate supervision, and liability insurance in amounts and coverage sufficient to protect Grantor's interests; in Grantoes discretion (which liability insurance will either insure Grantor directly or will name Grantor as an additional insured) in the maximum number of four (4) outings each year by members of the public (herein "Limited Access") under such conditions, and at such times, that are solely as determined by the Grantor. Grantor and Grantee specifically acknowledge and agree that: (i) multiple temporally -related Limited Access outings occurring within a four (4) consecutive day period shall be aggregated within a specific Limited Access category such that, for example, if all the 5 graders in Indian River County schools visit the Property in multiple outings over four (4) consecutive days, all such outings shall be considered as one (1) outing of the four (4) outings allowed per year hereunder; and (ii) the Grantee's Conservation Lands Manager must receive written prior or contemporaneous notice from Grantor of any and all planned or 12 68 248 BK: 2229 PG: 691 scheduled Limited Access outings for County tracking purposes; and (iii) the Limited Access outings contemplated in clause (i) may be shared between the Property and the contiguous land known as "Padgett Creek" upon which Grantee also has a conservation easement, and, in such event, the aggregated one (1) Limited Access outing shall be deemed to be one (1) of the allowed four (4) Limited Access outings for both the Property and the Padgett Creek Land. ARTICLE Will, MISCELLANEOUS A. Costs and Liabilities. Grantor retains all responsibilities and shall bear all costs and liabilhies of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including the maintenance of adequate comprehensive general liability coverage. Grantor shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred by Grantor. B. Taxes. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "taxes') and shall fumish Grantee whh satisfactory evidence of payment upon request. Grantee is authorized but in no event obligated to make or advance any payment of taxes, upon three (3) days prior written notice to Grantor, in accordance with any bill, statement, or estimate procured from the appropriate authority, without inquiry into the validity of the taxes or the accuracy of the bill, statement, or estimate, and the obligation created by such payment shall bear interest until paid by Grantor at the maximum rate allowed by law. C. Extinguishment. if circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds to which Grantee shall be entitled, after the satisfaction of prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined, unless otherwise provided by Florida law at the time, in accordance with paragraph ViII.D. Grantee shall use all such proceeds in a manner consistent with the Conservation Purposes of this grant or the purposes of the tax exempt general obligation bond proceeds issued by Indian River County as contemplated by Resolution No. 2005-059 adopted May 17, 2005; Resolution 2004-082 adopted June 22, 2004; and the "2004 Referendum' (as that term is used in the foregoing resolutions 2004 Indian River County referendum), and any other bond or statutory program under which Grantee obtained the purchase money for this Easement. Grantor believes that any changes in the use of neighboring properties will increase the benefit to the public of the continuation of this Easement, and Grantor and Grantee intend that any such changes shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement. In addition, the inability of Grantor to conduct or implement any or all of the uses allowed under the terms of this Easement, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its terml cation or extinguishment. 13 69 249 BK: 2229 PG: 692 D. Proceeds. This Easement constitutes a real property interest immediately vested in Grantee, which, for the purposes of paragraph VIII.C., the parties stipulate to have a fair market value determined by multiplying the fair market value of the Property unencumbered by the Easement (minus any increase in value after the date of this grant attributable to Improvements) by the ratio of the value of the Easement at the time of this grant to the value of the Property, without deduction for the value of the Easement, at the time of this grant. For the purposes of this paragraph, the ratio of the value of the Easement to the value of the Property unencumbered by the Easement shall remain constant. E. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. F. Assignment. This Easement is transferable to the State of Florida or the Indian River Land Trust without consent of Grantor. Grantee may assign its rights and obligations under this Easement tc any other governmental entity or nonprofit organization whose purposes include the conservation of land or water areas or the preservation of sites or properties with consent of Grantor. As a condition of such transfer, Grantee shall require that the Conservation Purposes that this grant is intended to advance continue to be carried out. G. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which Grantor divests any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way. H. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed to the parties as set forth above, or to such other addresses such party may establish in writing to the other, I. Recordation. Grantee shad record this instrument and any amendments in timely fashion in the official records of Indian River County, Florida, and may re-record it at any time as may be required to preserve its rights in this Easement. J. Non -Homestead Certification. Grantor hereby certifies that if a Grantor who is married signs this Easement withou, the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence of Grantor. 14 70 250 BK: 2229 PG: 693 K. Amendments. The terms and provisions of this Easement may be amended by the mutual consent of the parties hereto. No amendment shall be effective until executed with the formality of a deed and recorded in the public records. L. Controlling Law. The laws of the State of Florida shall govern the interpretation and performance of this Easement. M. Liberal Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of section 704.06, Florida Statutes. If any provision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. N. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. O. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect. P, Joint Obligation. The obligations imposed by this Easement upon Grantor shall be Joint and several. Q. Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. R. Termination of Rights and Obligations. A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer. S. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. T Recitals The background recitals are true and correct in form and material part of this Conservation Easement. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. is 71 25I BK: 2229 PG: 694 IN WITNESS WHEREOF Grantor and Grantee have set their hands on the day and year first above written. GRANTOR: Witness TRIPLE LAND COMPANY SUSAN P BARCH H. Vadey Grantham, President Printed name: Printed name: fed/ t?t�4�-01 STATE OF FLORIDA COUNTY OF D 06 The foregoing instrument was acknowledged before me this q�ay of December, 2007, by H. VARLEY GRANTHAM, President of TRIPLE S LAND COMPANY, a cor of tion, on behalf of same. He is personally known to me or who has produced FloridaF-4- as identification. NOTARY UBLIC /. 4'wW-- Sign: 4 61non P each Prin ed name: SUSAN P . MjaM4 3�wcowAmkm# mow cumCommission No.: eamtor "io ►�«—v �a �c Commission Expiration: SEAL: GRANTEE'S ACCEPTANCE of DEED OF CONSERVATION EASEMENT Indian River County, a political subdivision of the State of Florida, hereby approves the foregoing Conservation Easement and agrees to the terms and provisions thereof. Attest: J.K. Barton, Clerk 16 .AV 72 252 BK: 2229 PG: 695 By: - � �Z", " — - " e Deputy Clerk Approve as to form and legal sufficiency: yj A ' ell, ssi ounty A omey SCHEDULE OF EXHIBITS A. Legal Description of Property Subject to Easement B. Map from Baseline Documentation 17 73 253 BK: 2229 PG: 696 EXHIBIT "A" Lggai Description of Pr_ oo DECEMBER 6, 2007 TRIPLE S RANCH DESCRIPTION PREPARED BY THE PROFESSIONAL SURVEYOR AND MAPPER "LANDS LYING AND BEING IN SECTION 22, 27 AND 34, TOWNSHIP 32 SOUTH, RANGE 35 EAST OF INDIAN RIVER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, THENCE, RUN NORTH 00°23'02" WEST 82.62 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60; THENCE, RUN NORTH 51°11'04" WEST, 893.72 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1870.38 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 13'57'03" ALONG AN ARC DISTANCE OF 455.41 FEET TO THE POINT OF TANGENCY; THENCE, NORTH 65°08'06" WEST 2,243.06 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT OF INTERSECTION WITH THE CENTER LINE OF A 60 FOOT WIDE INGRESS/EGRESS EASEMENT, AND SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG SAID CENTER LINE RUN SOUTH 32°05'21" WEST, 1,208.11 FEET; THENCE, SOUTH 01°43'40" WEST, 1,091.19 FEET; THENCE, SOUTH 01000'40" EAST, 437.17 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 480.09 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 14°10'28", WITH A CHORD BEARING OF SOUTH 08°05'54" EAST, AN ARC DISTANCE OF 118.77 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 770.69 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 08°51'30", WITH A CHORD BEARING OF SOUTH 10°45'33" EAST, AN ARC DISTANCE OF 119.14 FEET; THENCE, SOUTH 06°19'58" EAST, "60.04 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 350.94 FEET; THENCE, THROUGH A CENTRAL ANGLE OF 19°24'14", WITH A CHORD BEARING OF SOUTH 03022'06" WEST, AN AR's DISTANCE OF 118.85 FEET; {01210155;11 74 254 BK: 2229 PG: 697 THENCE, SOUTH 13°04`'! 0R WEST, 561:91 FEET: THENCE. SOUTH 24°07'554 EAST; 95,58 FEET, THENCE, SOUTH 61 `1959" EAST; i;028,91 FEET; THENCE, SOUTH 33°00'24" EAST, 106,63 FEET; THENCE, SOUTH 04°40'49T'EAST, 1056.19 FEET; THENCE, SOUTH 16041'15 EAST, 451.25 FEET; THENCE SOUTH 00`21'26" WEST, 1,376 05 FEET; THENCE, SOUTTH 00044'31" EAST, 5,295.56 FEET TO THE POINT OFTERMINUS OF SAID EASTM'ENT AND SAID POINT BEING THE 114 CORNER OF THE SOUTH LINE OF SECTION 34; THENCE, SOUTH 89`18'13' WEST, 2,709.86 FEET ALONG THE SOUTH LINE OF SECTION 34 TO THE SOUTHWEST CORNER OF SECTION 34; THENCE, NORTH 00'46'09" WEST, 5,288.32 FEET ALONG THE WEST LINE OF SECTION 34 TO THE SOUTHWEST CORNER OF SECTION 27; THENCE, NORTH Ou'2y'S8" WEST, 5,312.61 FEET ALONG THE WEST LINE OF SECTION 27, TO THE SOUTHWEST CORNER OF SECTION 22; THENCE, NORTH 00'45'09" WEST, 2,764.06 FEET ALONG THE WEST LINE OF SECTION 22 TO A POINT LYING ON THE SOUTH RIGHT OF WAY LINE OF STATE ROAD 60; THENCE, ALONG SAW RIGHT OF WAY LINE SOUTH 74°59'04" EAST, 852.91 FEET TO A POW -1 ON A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 2,719.14 FEET, `Ai-iENCE, ALONG SAID CURVE TNEROUGH A CENTRAL ANGLE OF 09"50'57", WITH A CHORD BEARING OF SOUTH 70'03'15" FAST, AN ARC DISTANCE OF 467.42 FEET; THENCE, COiv! INUE ALONG SAiD RIGHT OF WAY LINE SOUTH 65"08'06" EAST, 1179.67 FEET TO THE TRUE POINT OF BEGINNING. AND LEGS AND EXCEF'iiNG A PORTION OF LAND FOR A SCHOOL SITE BEING MORE PARTICULARLY IC:ULARLY GESCRI13ED AS FOLLOWS: 13EGiivMNG AT THE NORTHWEST CORNER OF THE SOUTHWEST 114; THENCE vU F HERLY 204 FEET TO A F'Oir4i ; THENCE EASTERLY 300 FEET TO ,4 POINT; I HENCE NOA<T HERLY 24 65U FEET TO THE SOUTH RIGHT OF WAY OF riTATE ROAD 636', 1 HENCE NORTHWEST T ERLY ALONG SAID RIGHT OF INAY, 311 F=EET ` O ik PviN T ; THENCE SOUTHE-RLY 107.90 FEET MORE OR I ESS TO A POINT OF 75 255 BK: 2229 PG: 698 BEGINNING. BEING PART OF THE NORTHWEST 114 OF THE SOUTHWEST 1/4 AND A PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST % OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST. ALSO LESS THE FOLLOWING DESCRIBED PARCEL CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY THAT CERTAIN WARRANTY DEED RECORDED AUGUST 29, 2000, IN OFFICIAL RECORDS BOOK 1350, PAGE 2577, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: PARCEL NO. 102 A PORTION OF LAND LYING IN SECTION 22, TOWNSHIP 32 SOUTH, RANGE 35 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT A FOUND 4'x 4' CONCRETE MONUMENT WITH A DISC MARKING THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE SOUTH 00°31'43" EAST ALONG THE WEST LINE OF THE NORTHWEST 114 OF SAID SECTION 22, A DISTANCE OF 758.638 METERS (2,488.96 FEET) TO A POINT ON THE BASELINE OF SURVEY FOR STATE ROAD 60 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 88060-2529; THENCE SOUTH 74°51'20" EAST ALONG SAID BASELINE OF SURVEY, A DISTANCE OF 99.082 METERS (325.07 FEET); THENCE SOUTH 15005'40" WEST ALONG A LINE AT A RIGHT ANGLE TO THE LAST DESCRIBED COURSE, A DISTANCE OF 15.204 METERS (50.00 FEET) TO A POINT ON THE SOUTHWESTERLY EXISTING RIGHT OF WAY LINE FOR SAID STATE ROAD 60 AND THE POINT OF BEGINNING; THENCE SOUTH 74°51'20" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND A LINE 15.240 METERS (50.00 FEET) SOUTHWESTERLY OF AND PARALLEL WITH SAID BASELINE OF SURVEY, A DISTANCE OF 26.742 METERS (87.74 FEET) TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 22; THENCE CONTINUE SOUTH 74°51'20" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 138,682 METERS 454.99 FEET; TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING A CHORD BEARING OF SOUTH 69°55'52" EAST; THENCE SOUTHEASTERLY HAVING SAID PARALLEL LINE AND THE ARC OF SAID CURVE, HAVING A RADIUS OF 828.796 METERS (2,719.14 FEET), THROUGH A CENTRAL ANGLE OF 09°50'57", AN ARC DISTANCE OF 142.470 METERS (467.42 FEET) TO THE END OF SAID CURVE; THENCE SOUTH 65°00'23" EAST ALONG SAID SOUTHWESTERLY EXISTING RIGHT OF WAY LINE AND SAID PARALLEL LINE, A DISTANCE OF 359.564 METERS (1,179.67 FEET); THENCE SOUTH 32°13'04" WEST, A DISTANCE OF 10.994 METERS (36.07 FEET) TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY, HAVING A CHORD BEARING OF NORTH 69'41'15" WEST; THENCE CONTINUE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 4,841.800 METERS (15,885.14 FEET), THROUGH A CENTRAL ANGLE OF 07°44`30", AN ARC DISTANCE OF 654.211 METERS (2,146.36 FEET) TO THE END OF SAID CURVE; THENCE NORTH 0003947" WEST, A DISTANCE 26,340 METERS (86.41 FEET) TO THE POINT OF BEGINNING." CONTAINING IN ALL 701.77 ACRES: MORE OR LESS. 101210155;1) 76 256 BK: 2229 FG: 699 EXHIBIT "B" MAP FROM BASELINE DOCUMENTATION 19 77 HK: 2.229 PG: 700 Triple S Land Company Conservation Easement 6 k —3 27 7 8 .: 28 17 22 is �: o aJ a JJ°Jp o oepa _ _. JaaJJ o o S a a a 20�a aJa aoa 19 21 Legend Photo Points Land Cover t Improved Pasture Conservation Easement Wetands Wooded. Pasture Roads Grantor: Triple S Land Company Grantee. Indian River County Map prepared by CivaTerra, Inc for the Indian River Land Trust November 26, 2007 78 258 BK: 2229 PG: 701 79 259 CONSENT: BCC 10/5/2021 Oce of qG INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorney DATE: September 23, 2021 ATTORNEY SUBJECT: Project: Magnolia Court a Waterway Village PD — Pods H, I, J Request for 2 -Year Extension to Final Lift of Asphalt Contract Developer: DiVosta Homes, L.P. In August 2019, DiVosta Homes, L.P., the developer of Magnolia Court at Waterway Village PD — Pods H, I, J, entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812), posted the required security in the form of Wells Fargo Bank, N.A. Irrevocable Standby Letter of Credit in the amount of $96,775.00 to guarantee completion of the final lift of asphalt. The developer, has requested an extension to this contract as the project has not yet been completed. Section 913.10(1)(E) of the County Code states that for good cause shown the Board may in its discretion grant one or more extensions of time for performance of any contract for construction of required improvements provided the security supporting such contract remains valid for the required period following the newly extended time for performance. Staff has no objection to a 2 -year extension. Additionally, the developer has paid the required $660 extension request fee; and has provided its engineer's updated certified cost estimate, which County engineering has approved. It is noted that the approved amount has changed from the approved initial cost estimate which would necessitate an amendment to the existing letter of credit to increase the amount and the letter of credit expiration date. FUNDING: There is no cost to be borne by Indian River County with respect to this item. 80 RECOMMENDATION: Approve the Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812) to extend the completion date to August 30, 2023, and authorize the Chairman to execute same. It is also noted that the Developer will need to have the supporting letter of credit amended no later than November 30, 2021 to increase the amount and extend the letter of credit expiration date. nw attachments: Letter Request for Extension Modification to Contract 81 Kimley»>Horn July 23rd, 2021 William Debraal Indian River County 1801 27th Street Vero Beach, FL 32960 (772) 473-0666 RE: Lakes at Waterway Village- Pods H, 1, J Final Lift Extension Dear Mr. Debraal, Please accept this request for extending the final lift of asphalt requirement date at the subject - referenced project. Currently, there are 15 homes that have not started construction, and approximately 20 that are still under constriction. In order to protect the final lift from the remaining heavy construction activities, we would like to delay the installation of final lift until the construction of these homes is complete. Please feel free to contact me at (772) 794-4117 or kinan.husainy@kimley-horn.com with any questions or concerns you might have, or should you require additional information. Sincerely, Kinan Husainy, P.E. Associate MODIFICATION TO CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. PD -13 -03 -03 -FLA (2004010124-86812) THIS MODIFICATION, made and entered into this day of October, 2021, by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, hereinafter referred to as "Developer", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer entered into a Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812) guaranteeing the installation of the final lift of asphalt the earlier of 2 years from the project's Certificate of Completion (August 30, 2021) or 60 days prior to turnover to homeowner association or prior to certificate of occupancy for the last residence in this phase of the subdivision; and the Developer posted a letter of credit in the amount of $96,775.00 as security to guarantee completion; and WHEREAS, the developer has requested an additional 2 -year extension to August 30, 2023 to install the final lift of asphalt, as allowed by code; 2. provided an updated certified cost estimate attached as Exhibit "A" which amount has been approved by County engineering and did change from the initial cost estimate of $96,775.00 to $139,630.75; and 3. paid the required $660.00 extension fee request to County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. The date for completion of the final lift of asphalt as outlined in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812) is extended to August 30, 2023. 2. The developer's engineer's updated certified cost estimate as approved by County engineering, attached as Exhibit "A" represents 125% of the updated cost of the final lift of asphalt to be completed. 3. Prior to November 30, 2021, the $96,775.00 Wells Fargo Bank N.A. Irrevocable Standby Letter of Credit No. IS000096012U is required to be amended (1) to increase the amount to $139,630.75, (2) to extend its final expiration to November 30, 2023, and (3) to reference the Contract for Construction for Final Lift of Asphalt as being modified, otherwise this Modification is null and void. 4. The extension fee in the amount of $660.00 established by Resolution No. 2005-041 and pursuant to Section 913.10(1)(G) of the Indian River County Code has been paid. 5. All other terms set out in the Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812) remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. DIVOSTA HOMES, L.P., a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its General Partner Developer INDIAN RIVER COUNTY, FLORIDA by and through its Board of County Commissioners ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph E. Flescher, Chairman Deputy Clerk BCC approved: Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Magnolia Court at Waterway Village PD (Pods H,I,J) FINAL LIFT BOND - OPC 9/15/2021 TOTAL $ 111,704.60 PROPOSED BOND AMCUNT (125%) $ 139,630.75 � 111!ii/!i Kimley HQrin'a ocjates!fgt . FPS..... r11.Us _ Kfnarl,HUsainy, P.:�X - FLR%#75481 w rt TAT OF The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Enginee- cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. IlRC ENGmEERI fill blvis ON —7 21( Accepted 'nsuffic e------- PAVING DESCRIPTION QUANTITY UNIT UNIT COST TOTAL 1" ASPHALT (FINAL COURSE) - Pods H, IJ 9,070 SY $ 9.78 $ 88,704.60 STRIPING 1 LS $ 7,000.00 $ 7,000.00 SET PRM'S, PCP'S, LOT CORNERS 1 LS $ 10,000.00 $ 10,000.00 SIDEWALK AT ROADWAY STUBS 2 EA $ 3,000.00 $ 6,000.00 TOTAL 1 $ 111,704.60 TOTAL $ 111,704.60 PROPOSED BOND AMCUNT (125%) $ 139,630.75 � 111!ii/!i Kimley HQrin'a ocjates!fgt . FPS..... r11.Us _ Kfnarl,HUsainy, P.:�X - FLR%#75481 w rt TAT OF The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Enginee- cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs. IlRC ENGmEERI fill blvis ON —7 21( Accepted 'nsuffic e------- Consent Item �H Indian River County, Florida Department of Utility Services Board Memorandum Date: September 1, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Duke Hawkins, Assistant Operations Manager Subject: Final Pay to Boromei Construction, Inc for Data Flow System Antenna and Tower Replacement Descriptions and Conditions: Indian River County Department of Utility Services (IRCDUS) uses Data Flow Systems to monitor and control 350 sewage lift stations. The communications system consists of three (3) polling loops located at Kings Tank, Roseland Tank, and the West Regional Wastewater Treatment Facility (WWTF). The West Regional WWTF antenna and tower were installed in 1996 to serve as the southwest forwarding terminal unit (FTU). The antenna and tower need to be replaced. On August 15, 2020, Bid #2020-049 was awarded to Boromei Construction, Inc., (Boromei) from Okeechobee, FL, for a total bid price in the amount of $109,663.00. The notice to proceed (NTP) was issued on November 6, 2020. On April 20, 2021, the Board of County Commissioners (BCC) approved Change Order #1 for $4,500.00 to cover the post material inspection/post construction inspection (PMI/PCI). This is a requirement per Indian River County Building Department Permit#2020111489. This was an unforeseen expense and was not accounted for in the bid. Analysis: Boromei has completed the data flow system antenna and tower replacement successfully and is requesting a final payment and release of retainage. Boromei has submitted all closeout documentation required per contract to IRCDUS. Payment in the amount of $114,163.00 will complete the county's obligation to the contractor. Funding: Funds in the amount of $114,163.00 for this project are derived from the budget for the antenna replacement (Account Number 47126836-044699-19547) in the Utilities operating fund. Utilities operating funds are generated from water and sewer sales. Description Account Number Amount Data Flow Antenna Replacement 47126836-044699-19547 $114,163.00 �-V F:\Utilities\UTILITY - Engineering\Lift Station\20-0601 DFS Tower\Agenda-Final Pay Data Flow Tower draft_21-0901.docx Recommendation: Staff recommends that the Board of County Commissioners approve the Final Pay Application in the amount of $114,163.00 to Boromei Constructior, Inc. Attachment: 1. Final Pay Application F:\Utilities\UTILITY - Engineering\Lift Station\20-0601 CFS Tower\Agenda-Final Pay Data Flow Tower draft_21-0901.docx 87 > o 0303 C v➢ U) (D00 •p Goi 8 O .0 y y 0 W y JDh O U ,O N •� L O N a� O N V L. •� .y. 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" F�� ¢� a 0 O"alo OZU[ OGQ av a q o 0 0 Q H W V V d U N r1i 4 W A F"c r-:a = z Consent Item �T Indian River County, Florida Department of Utility Services Board Memorandum Date: September 24, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Descriptions and Conditions: On October 24, 2017, after a competitive bid process, the Indian River County Board of County Commissioners (BCC) awarded Southern Management, LLC, of Vero Beach, FL, the annual maintenance at Spoonbill Marsh in the amount of $269,608.00. There was an initial term of three years, with an option to renew for two additional one-year terms, subject to satisfactorily completing the work as described in their scope of work. Analysis: The current agreement will expire on October 23, 2021. The contract has one final one-year extension option. Southern Management has satisfactorily performed the required maintenance of Spoonbill Marsh for the first term of the contract. Staff attests that it is in the best interest of the county to continue to work with Southern Management, LLC, of Vero Beach to perform the Annual Maintenance of Spoonbill Marsh. In Fiscal Year (FY) 2022, before the expiration of the final term, staff will re -bid the work. Funding: Funds forthe maintenance of Spoonbill Marsh are budgeted in the Utilities operating capital fund. Utilities operating funds are generated from water and sewer revenues. Description Account Number Amount Other Professional Services 47129236-033190 $269,608.00 Recommendation: Staff recommend that the Board of County Commissioners approve the renewal of the agreement through October 23, 2022, for the final of the available one-year terms, and authorize the Chairman to execute the same, as presented. Attachments: Second and Final Extension To Annual Mainteiance At Spoonbill Marsh Agreement :E THIS SECOND EXTENSION TO ANNUAL MAINTENANCE AT SPOONBILL MARSH AGREEMENT THIS SECOND EXTENSION to the Annual Maintenance at Spoonbill Marsh Agreement is by and between Indian River County, a Political Subdivision of the State of Florida ("County') and Southern Management, LLC ("Contractor"). COUNTY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: RECITALS WHEREAS, On October 24, 2017, COUNTY and CONTRACTOR entered into the Annual Maintenance at Spoonbill Marsh Agreement (the "Agreement"); and WHEREAS, the initial term of the Agreement was for three years, and allowed for two one year extensions; and WHEREAS, the parties extended the Agreement until October 24, 2021; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year period and add certain provisions to the Agreement. NOW, THEREFORE, in consideration of the mutual undertakings herein, and othergood and valuable consideration, the parties agree as follows: 1. The Agreement is hereby extended for the period October 24, 2021, through October 23, 2022. 2. All other provisions of the Agreement and the First Extension shall remain in full force and effect. IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Second Extension this _ day of SOUTHERN MANAGEMENT, LLC By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 90 gi- Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 23, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Subject: Second Amendment of License Agreement with Sea Oaks Property Owners Association Inc. Background/Analysis: The County owns a former wastewater treatment facility located adjacent to the Sea Oaks development, on the east side of Highway A -1-A, south of County Road 510. Although the facility continues to be permitted by the Florida Department of Environmental Protection (FDEP), it is not currently in use, and there are no plans to reactivate it in the near future. At some point, the facility may be used as a reuse water storage and pump facility. In 1999, the County and the Sea Oaks Property Owners Association, Inc. (SOPOA) entered into a ten-year cancellable license agreement allowing SOPOA to use an undeveloped portion of the site for maintenance and administrative purposes. In 2010, the agreement was extended to January 2015. SOPOA's pays a license fee of $1,000 per year and is required to mow and maintain the licensed area, maintain the buffers along Highway A -1-A, and maintain a berm around the licensed area. SOPOA is prohibited from using the property in any manner contrary to the County's utility purposes; and, as currently written, the County can terminate the agreement upon nine months' notice if the County needs the property for utility purposes. SOPOA is required to indemnify the County for liability arising out of its actions or omissions. SOPOA has asked the County to extend the license agreement for twenty additional years, to January 2041. The license arrangement is helpful to the County because, in addition to generating nominal revenue, SOPOA maintains the area that the County owns, but does not presently use. The proposed extension is acceptable to County staff, with one revision to the first amended agreement: a provision stating that the agreement can be terminated at anytime by either party for any reason upon two and one-half years' notice. Funding: The estimated income is based off of last year's payment of $1,204.23 plus an estimated 2.0% Consumer Price Index (CPI) increase for next fiscal year for a total of $1,228.32. This would be deposited into the Utilities/Miscellaneous Income account (4710_4-343670). ACCOUNT NAME ACCOUNT NUMBER AMOUNT Utilities/Miscellaneous Income 471034-343670 $1,228.32 91 Consent Item Recommendation: Staff recommends that the Board of County Commissioners (BCC) consider and approve the proposed second amendment to the license agreement, and authorize the chairman to sign it on behalf of the BCC. Attachments: Second Amendment of License Agreement 92 SECOND AMENDMENT OF LICENSE AGREEMENT FOR USE OF COUNTY PROPERTY THIS SECOND AMENDMENT is entered into as of the day of , 2021, to that certain License Agreement for use of County Property, between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("COUNTY") and Sea Oaks Property Owners Association, Inc., a Florida not-for-profit corporation, 8811 Highway AIA, Vero Beach, FL 32963 ("SOPOA"). WHEREAS, on January 5, 2010, the parties entered into that certain License Agreement for use of County Property ("License Agreement") authorizing SOPOA to use certain real property described therein for limited purposes and for a time period ending on January 4, 2015; and WHEREAS, on May 1, 2012, SOPOA and COUNTY entered into the First Amendment of License Agreement for use of County Property ("First Amendment"), which among other things, extended the License Agreement to January 4, 2025; and WHEREAS, for a variety of reasons, SOPOA has requested another extension of the License Agreement, which COUNTY is willing to grant, subject to the terms of this Second Amendment, NOW, THEREFORE, in exchange for the mutual undertakings set forth herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Extension. The term of the License Agreement is hereby extended to 2041. 3. Termination. The License Agreement may be terminated at any time by either party upon two and one half years' notice of termination to the other. This provision shall replace the second sentence of paragraph 1 o the License Agreement as amended by the First Amendment. 4. All other provisions of the License Agreement as amended by the First Amendment shall remain in full force and effect. Page 1 of 2 93 IN WITNESS WHEREOF, the parries have executed this Second Amendment as of the day and year first above written. SEA OAKS PROPERTY OWNERS ASSOCIATION ("SOPOA") By: Print Name: Print Title: INDIAN RIVER COUNTY, FLORIDA IC Joseph E. Flescher, Chairman Board of County Commissioners Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller M. Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney Approved as conforming to County policy: Jason E. Brown, County Administrator Page 2 of 2 94 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Michael Heller, Project Specialist SUBJECT: IRC Courthouse Parking Garage Rehabilitation (1801A) Project Closeout and Change Order No. 1 DATE: September 24, 2021 DESCRIPTION AND CONDITIONS On September 22, 2020 the Board of County Commissioners awarded Bid No. 2020056 to OneSource Restoration & Building Services, Inc. in the amount of $368,554.00 to perform rehabilitation operations to the Indian River County Courthouse Parking Garage, located at 2000 16th Street Vero Beach, FL. Change Order. No. 1 makes final adjustments to contract bid items resulting in a decrease to the contract work amount by $21,979.36 and a decrease of $69,016.07 for contract time impacts resulting in a total contract price reduction of $90,995.43 for a final cost of $277,558.57. OneSource Restoration & Building Services, Inc. has completed the project and has been paid $277,558.57 with $17,328.73 in retainage thatwould have been withheld on Application for Payment4 and $51,687.34 in unused contingency funds. OneSource Restoration & Building Services, Inc. has signed a mutually agreed upon settlement of imposed liquidated damages to close out the project without further payment, resulting in the $90,995.43 reduction in price for contract time impacts. FUNDING Change Order No. 1 is a decrease to the contract total in the amount of $90,995.43 with no further payment to OneSource Restoration & Building Services, Inc. required and therefore, no funding is required for this item. RECOMMENDATION Staff recommends approval of Change Order No. 1 for project closeout. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION Change Order No. 1 Closeout Offer APPROVED AGENDA ITEM FOR October 5, 2021 95 rVI SECTION 00942 - Change Order Form No. 1 DATE OF ISSUANCE: October 5, 2021 EFFECTIVE DATE: October 5, 2021 OWNER: Indian River County CONTRACTOR OneSource Restoration & Buildinq Services, Inc. Project: IRC -1801A OWNER'S Bid No. 2020056 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to contract bid items. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $368,554.00 Net decrease of this Change Order: $90,995.43 Cortract Price with all approved Change Orders: $277,588.57 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 60 Final Completion: 90 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 22 Final Completion: 22 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 82 Final Completion: 112 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: INDIAN RIVER COUNTY COURTHOUSE PARKING GARAGE REHABILITATION PROJECT NO. IRC -1801A BID NO. 2020056 Item No. Description REPLACE ELEVATOR SHAFT CEILING Unit Quantity Unit Price Price Increase Price Decrease 5 SF 67.5 $ 42.00 2,835.00 6 REPLACE PARKING DECK EXPANSION JOINTS LF 229.0 $ 73.00 16,717.00 FORCE ACCOUNT 35,000.00 PAYMENT NOT MADE FOR PAY APP 4, LIQUIDATED DAMAGES 52,729.75 3 REPAIR SPALLED CONCRETE SF 63.7 $ 126.00 8,026.20 7 REPLACE JOINT SEALANT MATERIAL LF 426 $ 3.38 1,439.88 10 REPLACE EXISTING DRAIN BOWL CLAMPING RINGS EA 2 $ 221.00 442.00 13 ELASTOMERIC SILICONE COATING SF 4,832 $ 1.32 6,378.24 SUBTOTALS $16,286.32 $107,281.75 COURTHOUSE PARKING GARAGE REHABILITATION TOTAL $90,995.43 97 00310-3 F:\Public Works\ENGINEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\1-Admin\Agenda Items\Project Closeout\RC1801A CO1-DESC OF CHGS 20211005 BOARD OF COUNTY COMMISSIONERS Public Works Department 180127th Street, Vero Beach, Florida 32960 Telephone: 772-226-1379 September 1, 2021 OneSource Restoration & Building Services, Inc. 102 S. Armenia Ave. Tampa, FL. 33609 Mr. Mouzon, VIA FED EX FAX: 772-778-9391 We have reviewed all of the documents which detail the work efforts made by OneSource Restoration & Building Services, Inc., LLC with respect to the construction of Indian River County (IRC) Project #1801A Indian River County Courthouse Parking Garage Rehabilitation. The Public Works Department has reviewed the project records and found the following: • At least (129) days of liquidated damages are justifiable under the contract provisions. Per Article 4.03 of the Public Works Agreement, Indian River County will be imposing liquidated damages in the amount of $1,170.0 per day for a total of $150,930.00. Based upon the above noted review of the project records, and contract documents, the IRC Public Works Department has prepared an offer of final payment of $0.00. Any outstanding retainage amount ($17,328.73) and the current payment due ($51,687.34) will be withheld by the Owner in full and final satisfaction for all liquidated damages claims. The detailed pay item breakdown of this payment can be found in the attached 'Payment Application — Final'. Please contact me if you wish to meet to discuss how the IRC Public Works Department has arrived at the following close out amount. Please note that Indian River County reserves the right to seek the full amount of liquidated damages allowed by the Contract should OneSource Building & Restoration Services, Inc. choose to reject this offer of settlement. If you accept this offer, please sign in the location below as acceptance of the offer and the enclosed Payment Application and mail both to my office. The Board of County Commissioners will be the final authority for acceptance of this offer. Regards, ijb"al Ri hard B. zpy a, PE Public Works Diector Attachments: #1 — Payment Application Final cc: William K. DeBraal, Deputy County Attorney James W. Ennis, Assistant Public Works Director Les Mouzon, Executive Vice President OneSource Restoration & Building Services, Inc. 98 F:\PubItWorks\ENG1NEERING DIVISION PROJECTS\1801A IRC Courthouse Parking Garage Rehabilitation\4-Construction\Substantial Completion\IRC-1801A_Close-offer_20210827.doc INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PPOP, Assistant Public Works Director FROM: Jill M. Williams, Contract Support Specialist SUBJECT: Renewal and Amendment No. 1 to Agreement for Continuing Environmental and Biological Support Services RFQ# 2017053, IRC -1720 DATE: September 9, 2021 DESCRIPTION AND CONDITIONS On October 10, 2017, the Board of County Commissioners approved the four (4) firms selected for the continuing Environmental and Biological Support Services for Engineering Projects with Indian River County. The original contract was for two (2) years with an option for two (2) additional two-year extensions at the County's discretion. The first renewal was approved on October 15, 2019 for a two-year period. This Renewal and Amendment No. 1 are for the final two-year extension. Amendment No. 1 increases the allowable purchase order total from $15,000 to up to $35,000, as authorized by Ordinance 2019-016 and the subsequent change in the Purchasing Manual, and adds e -Verify and termination in regards to F.S. 287.135 clauses, both required by changes to Florida statute since the original agreements were executed. County staff has negotiated rate schedules with each individual firm. The fee schedules reflect fair and competitive rates for comparable professional services and tasks. These rates will be the basis for individual projects and work orders. The selected firms below were contacted by staff and asked to hold rate increases to 8.50% or less and the firms have submitted fee schedules that have been accepted by reviewing staff: FIRM LOCATION CHANGES FROM 2019/2021 to 2021/2023 RATES Ecological Associates, Inc. Jensen Beach, Florida Overall fees increase average 7.28% Environmental Science Assoc. Delray '3each, Florida Overall fees increase average 8.14% G.K. Environmental, Inc. Vero Beach, Florida Overall fees increase average 8.05% Kimley-Horn & Associates, Inc. Vero Beach, Florida Overall fees increase average 8.50% FUNDING Funding for work orders under these agreements will vary, based on project and department. 99 YL� PAGE TWO BCC Agenda October 5, 2021 Renewal of Agreements for Continuing Environmental and Biological Support Services RECOMMENDATION Staff recommends approval of the Renewal and Amendment 1 agreements and rate schedules between the County and the four (4) firms and further requests the Board to authorize the Chairman to execute the Renewal and Amendment 1 agreements. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Ecological Associates, Inc. Renewal and Fee Schedule 2. Environmental Science Associates Renewal and Fee Schedule 3. G.K. Environmental, Inc. Renewal and Fere Schedule 4. Kimley-Horn & Associates, Inc. Renewal and Fee Schedule APPROVED AGENDA ITEM FOR OCTOBER 5, 2021 100 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES BETWEEN ECOLOGICAL ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA This is the final Renewal and Amendment No. 1 to the Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal of Continuing Contract Agreement for Environmental and Biological Support Services entered into as of the 10th day of October, 2019 (collectively referred to as the "Agreement"), by and between Ecological Associates, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32967 (COUNTY). WHEREAS, the Parties entered into an Agreement dated October 10, 2017 and that certain Renewal dated October 10, 2019. WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one final additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement =or Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal dated October 10, 2019 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided .by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. 1 OF I pita- e Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant is registered with and w'll use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on October 11, 2021 and ending on October 10, 2023. Section 8 — Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those re'ated entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 2OFJp2a-e IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: ECOLOGICAL ASSOCIATES, INC. By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 3OFJp3age ;►� AI ECOLOGICAL ASSOCIATES, INC. RATE AND FEE SCHEDULE FOR INDIAN RIVER COUNTY Effective Dates: October 11, 2021— October 10, 2023 1) Personnel (Hourly Rates, Inclusive of Overhead and Profit): Professional Title Rate Principal (President/Scientific Director) $147.00 Project Manager $130.00 Senior Scientist II $119.00 Senior Scientist I/Gopher Tortoise Specialist $108.00 Biologist II $103.00 Biologist I $90.00 Lab/Field Technician $62.00 Associate Scientist (Specialist) $168.00 Scientific Diver $220.00 2) Equipment Usage Fees: Boat Fees: 16-20ft EAI vessel - $508/day (operations exclusive of crew) 21-25ft EAI vessel - $812/day (operations exclusive of crew) Leased Vessel — Cost plus $181/day (insurance coverage and operations) Kayak - $62/day (exclusive of crew) Diving Operations (gear, safety plan, and operational expenses, excluding personnel) - $181 /person/day Precision GPS (sub -meter accuracy) - $299/day ATV and trailer - $90/day Water quality meter - $152/day Other Equipment Usage Fees — Quoted on project -specific basis 3) Travel: Mileage (Applicable GSA mileage rate) $ 0.56/mile (current) Per diem (Quoted on project -specific basis): Cost 4) Direct Expenses: Cost 5) Sub -contractors: Cost Plus 8.5% Authorized by: Niki Desjardin Date Director of Operations 104 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES BETWEEN ENVIRONMENTAL SCIENCE ASSOCIATES AND INDIAN RIVER COUNTY, FLORIDA This is the final Renewal and Amendment No. 1 to the Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal of Continuing Contract Agreement for Environmental and Biological Support Services entered into as of the 10th day of October, 2019 (collectively referred to as the "Agreement"), by and between Environmental Science Associates (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32967 (COUNTY). WHEREAS, the Parties entered into an Agreement dated October 10, 2017 and that certain Renewal dated October 10, 2019. WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one final additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal dated October 10, 2019 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1— General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. 1 OFp Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on October 11, 2021 and ending on October 10, 2023. Section 8 —Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY) 2 OF JP6a g e IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: ENVIRONMENTAL SCIENCE ASSOCIATES By: Title: 27 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 3OFJp'7age Environmental Science Associates (ESA) Fee Schedule for the period of October 10, 2021 to October 9, 2023 Indian River County IRC -1720 RFQ #2017053 Continuing Environmental and Biological Support Service for Civil and Environmental Engineering Projects on an Annual Contractual Basis for Miscellaneous Projects ESA Classification Technical Classification Minimum Rate Maximum Rate Senior Director Principal Scientist/Engineer $ 195 $ 206 Director Professional Scientist/Engineer $ 187 $ 206 Managing Associate Managing Scientist/Engineer $ 163 $ 182 Senior Associate Senior Scientist/Engineer $ 136 $ 162 Associate Scientist/Engineer $ 92 $ 131 Technician Field Supervisor/Technician $ 73 $ 91 Notes: 1. Hourly billing rates represent the raw labor rate x an average of 3.0 labor multiplier 2. Hourly billing rates are inclusive of all direct, indirect and overhead costs, and profit, and reflect the total rate to be billed to Indian River County for services under this agreement 3. Scientist categories refer to natural science professionals with backgrounds in hydrology, geology, ecology and related fields. 4. Engineer categories refer to engineering and desig;i professionals with backgrounds in civil, coastal, geotechnical, and water resources. 5. Sub -consultant and outside services > $300 billed at cost. _"'L``� September 22, 2021 Thomas Ries Vice President Date 108 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES BETWEEN G.K. ENVIRONMENTAL, INC. AND INDIAN RIVER COUNTY, FLORIDA This is the final Renewal and Amendment No. 1 to the Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal of Continuing Contract Agreement for Environmental and Biological Support Services entered into as of the 10th day of October, 2019 (collectively referred to as the "Agreement"), by and between G.K. Environmental, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, Florida, 32967 (COUNTY). WHEREAS, the Parties entered into an Agreement dated October 10, 2017 and that certain Renewal dated October 10, 2019. WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one final additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement For Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal dated October 10, 2019 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Crders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1— General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. 109 Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on October 11, 2021 and ending on October 10, 2023. Section 8—Termination — add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed cn the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities ii the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 110 IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: BOARD OF COUNTY COMMISSIONERS G.K. Environmental, Inc. OF INDIAN RIVER COUNTY By: Title: By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. DeBraal, Deputy County Attorney 111 G. K. ENVIRONMENTAL, INC. Environmental Consulting GEORGE R. KJLCZYCKI, CEC, CES, CEI 155 McKee Lane Vero Beach, FL 32960 Phony 772-567-9129 Email ake(@,me.com G. K. Environmental, Inc. Fee Schedule & GKE Subcontractor Fee Schedule October 11, 2021— October 10, 2023 G. K. Environmental, Inc. Fee Schedule President, Principal Ecologist........................................................... Administrative Assistance................................................................. GKE boat / fuel / associated sampling water sampling equipment... Phase I Audits / Environmental Site Assessments. ...................... (includes historic aerial site reviews / onsite inspections, and evaluations of. hazardous waste, preliminary endangered & threatened species, and approximate wetland locations) GKEreimbursement expenses .............................................. $163.50 / hour (or lump sum) $ 60.00 / hour (or lump sum) $103.50 / hour (or lump sum) GKE Standard Fee: $3,800.00 (<5.0 acre site) photo b/w copies $0.16 photo color copies $0.485 postage: per postage invoice Travel......................................................................... No Cost in IRCo / $0.545mile outside IRCo G. K. Environmental, Inc. Subcontractor Coordination and Supervision Services Fee Schedule Certified Gopher Tortoise Surveys ....................................... Landscape & Maintenance Service ......................................... Archaeological Service ...................................................... CAD Operator $142.00 / hour or 18.5% per proposal 18.50% per proposal 18.5% per proposal / $378.00 per proposal $103.50 per hour Field Assistant I................................................................................. $ 81.50 per hour Field Assistant II Biologist / Chemist ..................................... $109.00 per hour Ggor�Pi 2. KWf4yc4, Sept. 15, 2021 George R. Kulczycki, President, Principal Ecologist Date 112 INDIAN RIVER COUNTY RENEWAL AND AMENDMENT NO. 1 TO CONTINUING CONTRACT AGREEMENT FOR ENVIRONMENTAL AND BIOLOGICAL SUPPORT SERVICES BETWEEN KIMLEY-HORN & ASSOCIATES, INC. AND INDIAN RIVER COUNTY, FLORIDA This is the final Renewal and Amendment No. 1 to the Continuing Contract Agreement for Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal of Continuing Contract Agreement for Environmental and Biological Support Services entered into as of the 10th day of October, 2019 (collectively referred to as the "Agreement"), by and between Kimley-Horn & Associates, Inc. (CONSULTANT) and Indian River County, a political subdivision of the State of Florida, 180127 th Street, Vero Beach, Florida, 32967 (COUNTY). WHEREAS, the Parties entered into an Agreement dated October 10, 2017 and that certain Renewal dated October 10, 2019. WHEREAS, Section 1 — General, Item No. 1.1 of the Agreement provides for the issuance of Purchase Orders by the COUNTY for proposed services that total less than $15,000.00 and for proposed services $15,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of Commissioners as authorized. WHEREAS, Section 1, - General, Item 1.5 of the Agreement provides for the compensation for basic services to the CONSULTANT; WHEREAS, the parties desire to amend Section 3 — Responsibilities of the Consultant to include e - Verify requirements; WHEREAS, Section 4 -Term; Duration of Agreement, Item 4.1 of the Agreement provides for the Duration of the Agreement and the parties desire to renew the Agreement for one final additional two-year term; and NOW, THEREFORE, in consideration of the following mutual covenants and agreements Indian River County, Florida and CONSULTANT agree as follows: 1. The Continuing Contract Agreement =or Environmental and Biological Support Services dated October 10, 2017 and that certain Renewal dated October 10, 2019 is amended as follows: Section 1— General, Item 1.1 shall read as follows: 1.1 Professional services provided by the CONSULTANT for the COUNTY shall be identified in individual Work Orders prepared by the COUNTY. Purchase Orders may be issued by the COUNTY for proposed services that total less than $35,000.00. For proposed services $35,000.00 and over, Work Orders shall be issued and approved by the County Administrator or Indian River County Board of County Commissioners, as authorized. For the purpose of this document, Purchase Order shall be defined as a Work Order, however the amount will be less than $35,000.00. Section 1 — General, Item 1.5 is hereby amended to incorporate a Revised Exhibit 1, attached to this Renewal and Amendment, describing the schedule of current hourly billing rates. IOFJoage Section 3 — Responsibilities of the Consultant — add the following item: 3.17 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to :onfirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and compliance for all subcontractors. Section 4 — Term; Duration of Agreement - The Agreement is hereby renewed for an additional two- year period beginning on October 11, 2021 and ending on October 10, 2023. Section 8—Termination—add the following item: 8.8 TERMINATION IN REGARDS TO F.S. 287.135: CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Flor da law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this Contract if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. COUTNY may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. Except as supplemented herein, the terms and conditions of the Continuing Contract Agreement shall remain in full force and effect. To the extent of any conflict between the terms of this Amendment and the terms of the Continuing Contract Agreement, the terms of this Amendment shall control. This Amendment No. 1, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida. [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 2OFJA4age IN WITNESS WHEREOF, this Renewal and Amendment No. 1 to Agreement is executed by the authorized representatives of the parties as of the day and year first above written. CONSULTANT: KIMLEY-HORN & ASSOCIATES, INC. By: Title: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator William K. DeBraal, Deputy County Attorney 3OFJ- Sage Kimley»>Horn Exhibit 1 RFQ # 2017053 -Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects IRC Project No. 1720 SCHEDULE OF HOURLY BILLING RATES Effective October 11, 2021 to October 10, 2023, the following rates are utilized in calculating invoices for services: Senior Professional $173.60 - $244.13 Registered Professional $135.63 - $189.88 Professional 2 $113.93 - $135.63 Professional 1 $92.22 - $119.35 Designer $113.93 - $130.20 Senior Support Staff $70.52 - $92.22 Support Staff $54.25 - $75.95 Reimbursable expenses will be billed at 4.6% of labor. Direct expenses (laboratory, Phase II well drilling etc.) will be in addition to the labor and reimbursable expenses. Permit application fees will be paid by the County. AppVy:_ Kevin Roberson Senior Vice President Date: gh31zt 445 24th Street, Suite 200, Vero Beach, FL 32960 116 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E Public Works Director THROUGH: Eric Charest, Natural Resources Manager FROM: Kylie Ariotti, Beach Environmental Specialist SUBJECT: Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-9, Year 1 Post -Construction Engineering Monitoring Report DATE: September 24, 2021 DESCRIPTION AND CONDITIONS On April 3, 2018, the Board approved a contract with APTIM Environmental & Infrastructure, LLC. (APTIM) for professional coastal engineering and biological support services related to the management and restoration of the Sector 5 (City of Vero Beach) beach project area. The Sector 5 project area is a 3 -mile section of shoreline that extends just north of Tracking Station Beach Park south to the Gables Oceanfront Condominiums and sustained damages from Hurricanes Matthew (2016) Irma (2017) and Dorian (2019). Construction of the large-scale beach and dune nourishment project was completed February 2020. Regulatory permits issued for the beach restoration activities identify post -construction related monitoring to be performed on a set schedule for several years following completion of construction. These monitoring activities are evaluated to demonstrate compliance with permit conditions. APTIM will develop an engineering monitoring report that discusses the performance of the beach fill project in order to meet FDE0 JCP Permit 0363427 -002 -JN requirements. The proposed Work Order No. 2018029-9, in the amount of $28,068.00, provides professional services for permit required year 1 post -construction engineering monitoring which includes: • Year 1 Post -Construction Engineering Monitoring Report (Task 1) All subsequent annual post construction en&neering monitoring of the Sector 5 Project area will be addressed through future work orders. 117 FUNDING Funding for Year 1 Post -Construction Engineering Monitoring Report in the amount of $28,068.00 is budgeted and available for the Sector 5 Beach Nourishment Project in the Beach Restoration Fund/Sector 5 Post -Construction Monitoring, Account No. 12814472-033490-15021. Account Name Account No. Amount Sector 5 Post -Construction Monitoring 12814472-033490-15021 1 $28,068.00 RECOMMENDATION Staff recommends the BCC authorize Work Order No. 2018029-9 in the total lump sum amount of $28,068.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-9. ATTACHMENTS Work Order No. 2018029-9 Agreement Execution APTIM Work Order No. 2018029-9 APPROVED AGENDA ITEM FOR: October 5, 2021 118 WORK ORDER NUMBER 2018029-9 SECTOR 5 YEAR 1 POST CONSTRUCTION ENGINEERING REPORT This Work Order Number 2018029-9 is entered into as of this day of '2021 pursuant to that certain Contract Agreement relating to Engineering and Biological support services for Sector 5 (Vero Beach) Beach and Dune Renourishment Project entered into as April 3, 2018 ("Agreement"), between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Aptim Environmental & Infrastructure, LLC ("CONSULTANT'S. The COUNTY has selected the CONSULTANT to perform the professional services set forth on Exhibit 1, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the CONSULTANT for the fee schedule set forth in Exhibit 1. The CONSULTANT will perform the professional services within the timeframe more particularly set forth in Exhibit 1, all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.3 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 Aptim Environmental & Infrastructure, LLC. OF INDIAN RIVER COUNTY IM P.E. Title: Director of Operations Date: By: Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: (Seal) Deputy Clerk Approved: By: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: By: William K. DeBraal, Deputy County Attorney 119 Alk APTIM September 22, 2021 Eric Charest Coastal Division Indian River County Public Works 1801 27th Street Vero Beach, FL 32960 Aptim Environmental & Infrastructure, LLC 6401 Congress Avenue, Suite 140 Boca Raton, FL 33487 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.aptim.com Subject: Indian River County, FL Sector 5 — 2018029 — Work Order #9 Year 1 Post -Construction Engineering Monitoring Report Dear Eric: This proposal outlines a scope of work for Aptim Environmental & Infrastructure, LLC (APTIM) to provide a Year 1 post -construction monitoring report for the Sector 5 Beach and Dune Restoration Project (R-70 to R-86) in Indian River County, which was completed in February 2020. This proposal was prepared to fulfill the stipulations of the Joint Coastal Permit (JCP) No. 0363427 -001 -JC and modification 0363427- 002 -JN dated September 9, 2019 for the Sector 5 Beach and Dune Restoration Project. The scope and fee were developed following the provisions cf the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Scope of Work Volumetric and contour changes at the Sector 5 Beach will be calculated using surveys that were collected at the FDEP R -monuments by the County's surveyor, Morgan & Eklund. APTIM will review the County's routine Spring/Summer 2021 beach profile survey data to ensure that it conforms to the standards required by the FDEP physical monitoring plan. APTIM will notify the County of any issues with the survey data and will coordinate through the County or directly with the surveyors to resolve any issues. APTIM will develop an engineering report that discusses the performance of the beach fill project. Beach contour changes will be evaluated to document changes at the shoreline and the dune. Volumetric changes will be quantified above MHW (+0.6 ft NAVD) and above the depth of closure. All computations and distinguished erosion and accretion patterns/trends will be summarized with tables and graphical representations in addition to plots of the survey profiles. Deliverable A Year 1 post -construction monitoring assessment will be provided in report format for the Sector 5 project area. The report will summarize and discuss background information regarding the project, survey datasets utilized, beach contour and volumetric changes, and overall project performance. The report appendices will include the raw survey data and superimposed plots of the two most recent beach profiles, the design template, and pre- and post -construction profiles. 120 ,>APTIM September 22, 2021 ,Page 2 of 3 In accordance with the JCP requirements, the report will specifically include the following: 1. A record of the volume and location of all beach fill material placed within the project area 2. The volume and percentage of advance .iourishment lost since the last beach nourishment project as measured landward of the MHW line of the most recent survey 3. The most recent MHW shoreline positions (feet) in comparison to the design profile at each individual monument location 4. The MHW shoreline position changes (feet) relative to the pre -construction survey at each individual monument location for all the monitoring periods 5. The total measured remaining volume (cubic yards) in comparison with the total predicted remaining volume (cubic yards) above the MHW line and above the Depth of Closure for the entire project area over the successive monitoring periods 6. Any other shoreline position and/or volumetric analysis the Engineer deem useful in assessing, with quantitative measurements, the performance of the project. Schedule & Assumptions APTIM will provide the deliverable within 90 calendar days of receipt of the Sector 5 Beach and Dune Restoration Project survey data. It is assumed that the survey data provided by the County has been processed and is considered final. Cost The cost to complete this task is a fixed price of $28,068. The scope and fee were developed following the provisions of the Professional Services Agreement between Indian River County and APTIM, dated April 3, 2018, to provide engineering and biological support services in support of the Sector 5 Beach and Dune Restoration Project (RFQ#2018029). Thank you for the opportunity to sere Indian River County. Please do not hesitate to call if you have any questions. Sincerely, Nicole S. Sharp, P.E. Coastal Restoration Modeling Program Manager Aptim Environmental & Infrastructure, LLC 121 ,A APTIM September 22, 2021 Page 3 of 3 EXHIBIT A REV201 APTIM Sector 5 - 2018029 - Work Order #9 Year 1 Post -Construction Engineering Monitoring Report Indian River County, FL Summary of Cost by Tast, Task Number Task Name Labor Sub-Mobilization/Trave Totals contractors I Task 1 Year 1 Post -Construction S 28,068.00 $ S $ 28,068.00 S 250.00 Engineering Report S S Totals = $ 28,068.00 $ $ - $ 28,068.00 Submitted By: Nicole Sharp Submitted To: Indian River County, FL A APTIM 2020- REV 20.1 Sector 5 - 2018029 - Work Order #9 Year 1 Post -Construction Engineering Monitoring Report Indian River County, FL Summary of 'Labor Hours and Cost Labor Title Labor Bill Rate Design Plans. and Specifications Task 1 Labor Hours Cost Labor Hours Totals Cost Principal Engineer/Sr Pro Mn r S 250.00 S S Program Nana er S 190.00 1 32 S 6.080.00 32 S 6.080.00 Sr Coastal Engineer/Pro Mn r S 165.00 S S Coastal Engineer III S 150.00 S S Coastal Engineer II S 125.00 26--s 2.500.00 20 S 2,500.00 Coastal Engineer -I_ _ _ Coastal Nbdeler II S 105.00 S 130.00 92 $ $ 9,66000 92 $ 9,660.00 $ Geologist II S 95.00 S $ Geologist) _ - Marine Biologist II $ 80.00 S 110.00 8 S S 880.00 8 $ S 880.00 Professional Surveyor & Ma per S 160.00 6 S 96000 6 S 960.00 Senior CAD Operator S 140.00 8 S 1.120.00 8 S 1.120.00 CAD Operator S 105,00 40 S 4.200.00 401 S 4,200.00 GIS Operator S 105.00 20 1 S 2.100.00 20 S 2.100.00 Bookkeeper S 80.00 $ $ Clerical S 71.00 8 S 568.00 8 S 568.00 Technician S 60.00 S S Mobilization/Travel S S Sub -Contractors S TOTAL 234 S 28.068.00 234 S 28,068.00 Submitted By: Nicole Sharp Submitted To: Indian Ri er County FL 122 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director James W. Ennis, P.E., PMP, Assistant Public Works Director FROM: Richard Reichenbach, F.E. Project Engineer SUBJECT: Amendment 1 to Work Order No. MM -2, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS) IRC -2107 DATE: September 28, 2021 DESCRIPTION AND CONDITION On June 8, 2021, Work Order No. MM -2 to Kimley-Horn and Associates, Inc. was approved bythe Board of County Commissioners in the amount of $67,185 for construction services pertaining to the facility's structural components. The purpose of Amendment No. 1 is for the expanded level of effort needed to review the facility's specialized mechanical equipment and its integration to ensure proper operations. This Amendment for a Not -to -Exceed amount of $25,580, brings the total for Work Order No. MM -2 to $92,765. FUNDING Funding is available from Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018. Funding Source Amount Optional Sales Tax/Public Works/CIP-Moorhen Marsh -PC North, Acct #31524338-066510-16018 $25,580.00 RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. MM -2 with Kimley-Horn and Associates, Inc. authorizing the professional se.rvices as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 1 to Work Order No. MM -2 on their behalf for a Not -to -Exceed amount of $25,580. ATTACHMENT Kimley-Horn and Associates, Inc. Amendment No. 1 to Work Order No. MM -2 APPROVED AGENDA ITEM FOR OCTOBER 5, 2021 123 A Amendment 1 Work Order MM -2 Moorhen Marsh Mechanical Construction Phase Services AMENDMENT 1 TO WORK ORDER MM -2 MOORHEN MARSH LEAPS -MECHANICAL CONSTRUCTION PHASE SERVICES Project Number: IRC -1909 This Amendment 1 to Work Order Number MM -2 is entered into as of this 5th day of October, 2021, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number MM -2, Effective Date June 8,2021. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and with the proposed staffing plan set forth in Exhibit C (Proposed Staff Hours and Fee), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. EXHIBIT A— SCOPE OF WORK Moorhen Marsh — Mechanical Construction Phase Services The COUNTY has designed the Moorhen Marsh Leaps treatment facility in-house. The Consultant has provided structural design services for the structures on the project. The COUNTY has advertised the project and has requested the Consultant to provide limited Construction Phase Services relating to the selected mechanical component of the project as listed below that were designed in house by the COUNTY. The COUNTY intends to have a full-time construction inspector on site for duration of the construction. Task 1— Limited Mechanical Construction Phase Services below: The Consultant will provide professional construction phase services as specifically stated 1. Visits to Site and Observation of Construction. Consultant will make up to a total of five (4) visits as directed by COUNTY in order to observe the progress of the work. The Consultant will work with the COUNTY's inspector for the similar piping layouts. 1 1 Page 124 Amendment 1 Work Order MM -2 Moorhen Marsh Mechanical Construction Phase Services It is anticipated that the COUNTY's Inspector will inspect the piping layouts for the remaining identical layouts and coordinate with the Consultant as needed. Below is a list of ant.cipated mechanical related site visits; • Headworks Submersible Pump startup • Portable Water Lettuce Supernatant/sludge pump • Duperon Flexrake installation/startup • Piping installation and pressure testing Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Consultant will keep COUNTY informed of the general progress of the work. Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. 2. Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents 3. Clarifications and Interpretations. Consultant will assist the COUNTY in responding to reasonable and appropriate Contractor requests for information and assist the COUNTY with issuing necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by COUNTY 4. Change Orders. Consultant may recommend Change Orders to the COUNTY, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 5. Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information 21 Page 125 Amendment 1 Work Order MM -2 Moorhen Marsh Mechanical Construction Phase Services given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. Below is a list of anticipated mechanical shop drawings and associated specification section; • Headworks Slide Gate (11016) • Flow Meters — Electromagnetic Flow Meters (11020) • Headworks Submersible Pumps and Appurtenances (11300) • Portable Water Lettuce Supernatant /Sludge Pump (11304) • Duperon Harvestrake ;11400) • Ductile Iron Pipe and Fittings (15051) • Polyvinyl Chloride (PVC) Pipe and fittings (15152) • Valves and Appurtenances (15100) 6. Substitutes and "or -equal." Consultant will evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. 7. Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant's review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such test 8. Disagreements between COUNTY and Contractor. Consultant will, if requested by COUNTY, render written decision on all claims of COUNTY and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to COUNTY or Contractor and shall not be liable in connection with any decision rendered in good faith 9. Applications for Payment. The COUNTY will review and approve all applications for payment submitted by the Contractor 31 Page 126 Amendment 1 Work Order MM -2 Moorhen Marsh Mechanical Construction Phase Services 10. Limitation of Responsibilities. The Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The Consultant shall not have the authority or responsibility to stop the work of any Contractor. 11. Final "Substantial" Completion. Consultant will, after notice from Contractor that it considers the Work ready for its intended use, in company with COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. Consultant anticipates completing the following items once the project is deemed substantially complete: • Consultant will review Record Drawings and Operation and Maintenance Manuals prepared by the Contractor • Consultant will assist the COUNTY to prepare and submit the substantial completion form provided by Indian River County through the EJCDC front- end documentation 12. Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list. If COUNTY and Consultant agree the work to be complete, Consultant will assist the COUNTY in preparing the final completion EJCDC front-end documentation. Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the COUNTY or the COUNTY's consultants or representatives. The COUNTY shall provide all information requested by the Consultant during the project, including but not limited to the following: 1. Contractors Mechanical Related RFIs 2. Access to the Construction Site 3. Access to the COUNTY's full-time joy site inspector 41 Page 127 Indian River County Moorhen Marsh - Mechanical Construction Phase Services EXHIBIT C - PROPOSED STAFF HOURS AND FEE TASK PM/SR SR PROFESSIONAL PRINCIPAL (ENGINEER) ANALYST ADMIN TOTAL HOURS $250.00 1 $185.00 $125.00 $75.00 Task 1 - Mechanical Construction Phase Services Shop Drawing Review (Specification Section) Headworks Slide Gate (11016) Flow Meters - Electromagnetic Flow Meters (11020) Headworks Submersible Pumps and Appurtenances (11300) Portable Water Lettuce Supernatant /Sludge Pump (11304) Duperon Harvestrake (11400) Ductile Iron Pipe and Fittings (1505 1) Polyvinyl Chloride (PVC) Pipe and fittings (15152) Valves and Appurtenances (15 100) Shop Drawing Resubmittal Review Equipement Subsitutes Test Report Reviews Anticipated Site Visits (4 total) Headworks Submersible Pump startup Portable Water Lettuce Supernatant/sludge pump Duperon Flexrake installation/startup Piping installation and pressure testing Coordination with County's inspector for pipe installation as needed Final Completion O&M Review EJCDC SC & FC Paperwork Record Drawings Review Assist County with RFPs Administrative Support Task 2 Total 1.0 1.0 1.0 2.0 2.0 1.0 2.0 1.0 2.0 1.0 6.0 6.0 4.0 6.0 6.0 6.0 6.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 3.0 6.0 5.0 5.0 6.0 4.0 5.0 4.0 5.0 4.0 12.0 6.0 4.0 6.0 6.0 6.0 6.0 8.0 8.0 12.0 20.0 6.0 10.0 2.0 4.0 4.0 8.0 2.0 8.0 10.0 4.0 $1,000.00 $16,280.00 $8,000.00 $300.00 $25,580.00 $25,580.00 Labor Fee $25,580 128 Amendment 1 Work Order MM -2 Moorhen Marsh Mechanical Construction Phase Services EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following and as further described in Exhibit C — Proposed Staff Hours and Fee: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Hourly Not -To -Exceed Components Task Labor Fee Mechanical Constr. Phase Services (See Exhibit C for breakdown) $25,580 Project Total $25,580 IN WITNESS WHEREOF, the parties hereto have executed this Work Order Amendment as of the date first written above. CONSULTANT: KIIVILEY-HORN AND ASSOCIATES, By: Print Name: Brian Good, P.E. Title: Senior Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 51 Page 129 Z INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 24, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Second Extension to UnFirst Customer Service Agreement BACKGROUND: On July 14, 2015, the Board approved a Customer Service Agreement for uniform rental services with UniFirst. The effective term commenced On October 19, 2015, when installation was complete, and expired on October 18, 2020. Five one-year extensions were available. Staff and Unifirst verbally agreed to the first extension in July of 2020, at the same terms and conditions, and would now like to formally execute the second extension, to incorporate additional clauses that have been required by statute. FUNDING Funding will come from applicable department uniform accounts. RECOMMENDATION Staff requests the Board of County Commiss'oners approve the Second Extension and authorize the Chairman to execute it after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew the agreement for the three remaining one-year periods, subject to satisfactory performance, vendor acceptance, and the determination that renewal of the agreement is in the best interest of Indian River County. ATTACHMENTS Second Extension and Amendment 130 SECOND EXTENSION AND AMENDMENT TO CUSTOMER SERVICE AGREEMENT This Second Extension and amendment to that certain Agreement to provide uniform service is entered into effective as of October 20, 2021 by and between Indian River County, a political subdivision of the State of Florida ("Customer") Unifirst Corporation, A Florida Corporation ("Unifirst"). BACKGROUND RECITALS WHEREAS, the Customer and Unifirst entered into an Agreement for uniform service on July 14, 2015, utilizing the NJPA (now Sourcewell) contract pricing. WHEREAS, Term and Renewal allows for five 12 -month renewal periods after the initial five-year term, and whereas both parties wish to execute the second renewal. WHEREAS, the first term commenced effective as of October 19, 2015 and ended on October 18, 2020; and the first extension was agreed to verbally, commencing October 19, 2020, and will end on October 18, 2021; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one-year period; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Customer and UniFirst agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension and Amendment. 2. The second renewal term shall commence effective October 19, 2021 and shall end on October 18, 2022; three additional renewal terms are available. 3. The following sections are added to the agreement: a. UniFirst is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. UniFirst is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. b. Customer is a public agency subject to Chapter 119, Florida Statutes. UniFirst shall comply with Florida's Public Records Law. Specifically, UniFirst shall: (1) Keep and maintain public records required by the Customer to perform the service. (2) Upon request from the Customer's Custodian of Public Records, provide the Customer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 131 (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if UniFirst does not transfer the records to the Customer. (4) Upon completion of the contract, transfer, at no cost, to the Customer all public records in possession of UniFirst or keep and maintain public records required by the Customer to perform the service. If UniFirst transfers all public records to the Customer upon completion of the contract, UniFirst shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If UniFirst keeps and maintains public records upon completion of the contract, UniFirst shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Customer, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the Customer. (5) IF UNIFIRST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO UNIFIRST'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a,i rc 2 ov. c o m Indian River County Office of the County Attorney 1801 2711 Street Vero Beach, FL 32960 (6) Failure of UniFirst to comply with these requirements shall be a material breach of this Agreement. c. TERMINATION IN REGARDS TO F.S. 287.135: UNIFIRST certifies that it and those related entities of UNIFIRST as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, UNIFIRST certifies that it and those related entities of UNIFIRST as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. CUSTOMER may terminate this Contract if UNIFIRST is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. CUSTOMER may terminate this Contract if UNIFIRST, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 132 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Extension and Amendment to be executed effective October 5, 2021. UniFirst Corporation INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph E. Flescher, Chairman Title: (Corporate Seal) Date: Attest: Jeffrey R. Smith, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: Jason E. Brown County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 133 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 28, 2021 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Agreement with CW Roberts Contracting, Inc. for Asphalt Paving and Resurfacing BACKGROUND: On June 23, 2020, the Board awarded annus! bid 2020042 to Community Asphalt Corp. and C.W. Roberts Contracting, Inc. ("CWR") for asphalt paving and resurfacing services. The work includes materials, equipment, labor and Maintenance of Traffic (MOT) required to complete the work as requested by the Road and Bridge Division under the pavement management program. The initial term of award was July 2, 2020 through July 1, 2021, with two one-year renewals available. The Public Works Department elected not to renew the award to Community Asphalt Corp. due to a lack of responsiveness and timely completion of work. CWR has performed well under the bid, and the first renewal was executed by the Purchasing Manager, as authorized by the Board, effective July 2, 2021. DISCUSSION: The bid was issued in accordance with all federal requirements, and included a sample agreement with federal terms, in the event the work. might be needed under federal grant. Due to the urgency of paving work to be done at the time of award, and not anticipating federal funding for any work at that time, staff requested and the Board approved the execution of work under the bid via purchase order, rather than execute the formal agreement. On August 17, 2021, the Board approved revisions to the American Rescue Plan Act spending plan, in part based on updated Treasury guidance that makes roadway resurfacing and striping eligible for use of our allocated funding. Staff would like to utilize the existing bid with CWR to execute resurfacing work under the ARP, and therefore would like to formally execute the agreement. 134 SOURCE OF FUNDS: The Board authorized an allocation of $3,414,034 of ARP funds for road resurfacing and restriping projects, with the distribution of those projects to be determined by Public Works. There is no cost to the County for the execution of the CWR agreement. RECOMMENDATION: Staff recommends the Board approve the Agreement and authorize the Chairman to sign it, after approval by the County Attorney as to form and legal sufficiency. ATTACHMENT: CWR Agreement 135 Agreement Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and C.W. Roberts Contracting, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Asphalt Paving & Resurfacing. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Annual Asphalt Paving & Resurfacing Bid Number: 2020042 Project Address: Countywide ARTICLE 3 - TERM Contractor was awarded the work under bid 2020042 on July 2, 2020 and the first extension made on July 2, 2021. This agreement is being executed to enable the use of federal funding for upcoming work. The term of this agreement shall be through July 1, 2022, with one (1) additional one (1) year renewals available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of the County. ARTICLE 4 - CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to work competed and at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. ARTICLES - PAYMENT PROCEDURES Owner shall make monthly payments based on invoices submitted and for work completed by CONTRACTOR. ARTICLE 6 - INDEMNIFICATION CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. Page 1 of 17 136 Agreement ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied Es to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Fac'lities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or w^ich relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement (pages 1 to 17, inclusive,; Page 2 of 17 137 Agreement (2) Certificate(s) of Liability Insurance (3) Invitation to Bid 2020042 (4) CONTRACTOR'S Bid Form (pages 16 to 19 of 24, inclusive); (5) Drug Free Workplace Form (page 19 of 24) (6) Affidavit of Compliance (page 20 of 24); (7) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 21 and 22 of 24, inclusive),- (8) nclusive); (8) Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 23 of 24) (9) Certification Regarding Lobbying (page 24 of 24) (10) Annual Notice of Award and First Renewal (11) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Individual Project Purchase Orders ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent cf the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itsel-, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability ,age 3 of 17 138 Agreement A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all re -raining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate publ c records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Page 4 of 17 139 Agreement Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work on projects for which Federal Grant Assistance is anticipated. A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders cf the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of Septe -nber 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in Every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering Page 5 of 17 140 Agreement agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be aleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §S.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or Page 6 of 17 141 Agreement disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate preszribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. OWNER shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1337 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the OWNER may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis - Page 7 of 17 142 Agreement Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices-)ip programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Federal Emergency Management Agency (FEMA) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA. The payrolls submitted shall set out accurately and completely all of the informEtion required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to FEMA if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to FEMA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deduc`ions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. Page 8 of 17 143 Agreement (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees—(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, cr if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Page 9 of 17 144 Agreement (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. Tine ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shah be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. Page 10 of 17 145 Agreement (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. C. Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Compliance with the Contract Work Hours and Safety Standards Act: (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, includin.c watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The DHS or State of Florida shall upon its own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor `or unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The p-ime contractor shall be responsible for compliance by any Page 11 of 17 1.46 Agreement subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. E. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to report each violation to the OWNER and urderstands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental -protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. F. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the State of Florida, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in :cart with Federal assistance provided by FEMA. G. Energy Policy and Conservation Act–The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. H. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the state agency serving as recipient and Indian River County), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or emplovee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member cf Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Page 12 of 17 147 Agreement Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated ''tems unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The list of EPA - designate items is available at http://www.e.-,a.gov/cpg/products.htm. L. Access to Records The following access to rez-ords requirements apply to this contract: (1) The contractor agrees to provide OWNER, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. M. DHS Seal, Logo, and Flags: he contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials wiviout specific FEMA pre -approval. N. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. O. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the -ion-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. P. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Q. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. Page 13 of 17 148 Agreement (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (S) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials ther=on; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise; immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Page 14 of 17 149 Agreement Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINIATION IN REGARDS TO F.S. 287.135: TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. Ii addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged ii business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. Page 15 of 17 150 Agreement This Agreement will be effective on .20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY IN Joseph E. Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email Page 16 of 17 CONTRACTOR: By: (Contractor) u Q(CORPOEAL) Attest 1 Ori ` f ` Address for giving notices: ..� .0Cj C ' � be ,,E i , Ce 05 License No. CGC (r)c5a�D— (Where applicable) Agent for service of process: Designated Represen ative: II,�,,tt__,,-,� Name: ,—CO - [_Le Title: _ _\) 1 C ?CeS ti ek-- 't" Address: 3U SW tX-Iof Palm Q: 3 Phone: -110 -_ 6 -C)gFj ` Email: 1'SLOUt (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 151 Agreement Exhibit 1— Pricing Pace 17 of 17 152 Indian River County Purchasing Division 1.80027 1h Street Vero Beach, FL 32960 Phone (772) 226-1416 C r y. Al 61 0 hl ko 6,e�-Tls Annual Asphalt Paving & Resurfacing Bid Jr: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 0Od�'"'/'- 20"20042 May 26, 2020 Purchasing Division 180027 1h Street Vero Beach, FL 32950 Date 2:00 P.M. In accordance with all terms. conditions. snerifiratin-ic and ranniromontc rho rliAriar nfforc +ho Item ASPHALTIC CONCRETE DESCRIPTION ROAD PARKING PAVING LOTS 1. SUPERPAVE SP -9.5 - LESS THAN 25 TONS VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C 330 /Ton 340 /Ton 2. SUPERPAVE SP -9.5 - 25-99 TONS PER VENDOR DELIVERED, MOBILIZATION VENDOR PLACED Traffic Level C 206 /Ton 216 /Ton 3. SUPERPAVE SP -9.5 - 100-299 TONS PER VENDOR DELIVERED, MOBILIZATION VENDOR PLACED Traffic Level C 150 /Ton 160 /Ton 4. SUPERPAVE SP -9.5 - 300 TONS OR MORE VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C 120 /Ton 130 /Ton 5. SUPERPAVE SP -12.5 - 0-299 TONS PER VENDOR DELIVERED, MOBILIZATION VENDOR PLACED Traffic Level C 150 /Ton 160 /Ton 6. SUPERPAVE SP -12.5 - 300 OR MORE TONS VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C 120 /Ton 130 /Ton Page 16 of 24 153 2020042 Annual Asphalt Paving & Resurfacing.doc Item ASPHALTIC CONCRETE DESCRIPTION ROAD PAVING PARf<ING LOTS FRICTION COURSE FC -9.5 VENDOR DELIVERED, VENDOR PLACED Traffic Level C /Ton 8. FRICTION COURSE FC -12.5 VENDOR DELIVERED, VENDOR PLACED Traffic Level C i 68 /Ton S. TACK FOB GALLON FOB GALLON 6.50 /Gal -0. PRIME VENDOR DELIVERED, VENDOR PLACED 1.00 /SY 1. PRIME AND SAND VENDOR DELIVERED, VENDOR PLACED 1.50 /SY 12. HOT ASPHALT FOR PICK UP FOB AT PLANT FOR PICK UP SP -9.5 75.00 /Ton 13. TEMPORARY STRIPING VENDOR SCHEDULES & PROVIDES 4.00 /LF 14. NIGHT WORK COST PER TON INCREASE 10 /Ton 15A. COST FOR MILLING & CLEAN UP 0-2,500 SY AND UNDER 5.00 /SY 15B. 2,501-5,000 SY 4.00 /SY 15C. 5,001 TO 15,000 SY 3.00 /SY 15D. 15,001 SY AND OVER 13.00 /SY 16. 1 TIE-INS PER SCOPE OF WORK 1000 /EA Will your company extend these prices to other governmental agencies Yes 0No within the State of Florida?1-1 Contractor License Number(s): CGC 1505785 i ne rouowing equipment is owned by our firm and available for this work: Year I Type I Make and Model SEE ATTACHED EQUIPMENT LIST Page 17 of 24 154 9/29/21, 9:14 AM Detail by Entity Name Divi SION OF CORPORATIONS 1)!`/Iml1 if .org r'���rr �E l ssis ujJit�iu! �ssu� saj i•Tsrts!ss slc�(i>is•� Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Profit Corporation C. W. ROBERTS CONTRACTING, INCORPORATED Filing Information Document Number 493846 FEI/EIN Number 59-1683951 Date Filed 01/19/1976 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 02/22/2021 Event Effective Date NONE Principal Address 1603 BAY AVENUE PANAMA CITY, FL 32405 Changed: 02/23/2017 Mailing Address P.O. BOX 16279 TALLAHASSEE, FL 32317 Changed: 04/09/2007 Registered Agent Name & Address FLOWERS, ROBERT P 3372 CAPITAL CIRCLE NE TALLAHASSEE, FL 32308 Name Changed: 09/13/2013 Address Changed: 09/13/2013 Officer/Director Detail Name & Address Title President FLOWERS, ROBERT P 3372 CAPITAL CIRCLE NE TALLAHASSEE, FL 32308 155 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CWROBERTSC... 1/4 9/29/21, 9:14 AM Title Secretary, CFO DELISLE, ROBERT 3372 CAPITAL CIRCLE NE TALLAHASSEE, FL 32308 Title VP Palmer, Alan P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Fleming III, Ned N P.O. BOX 16279 TALLAHASSEE, FL 32317 Title CEO Owens, Charles E P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP, Asst. Secretary, Treasurer Matteson, Mark R P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Savoy, Stuart P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP Riley, Chris P.O. BOX 16279 TALLAHASSEE, FL 32317 Title VP STRAIN, JAMES(JIMMY) A P.O. BOX 16279 TALLAHASSEE, FL 32317 Title V.P. CASTLEBERRY, WILLIAM T. Detail by Entity Name 156 search.sunbiz.org/I nquiry/CorporationSearch/SearchResultDetajl?inquirytype=EntityName&directionType=Initial&searchNameOrder=CW ROBERTSC... 2/4 9/29/21, 9:14 AM P.O. BOX 16279 TALLAHASSEE, FL 32317 Title V.P. ARMSTRONG, M. BRETT P.O. BOX 16279 TALLAHASSEE, FL 32317 Title Asst. Secretary Steele, Matthew P.O. BOX 16279 TALLAHASSEE, FL 32317 Annual Reports View image in PDF format Report Year Filed Date 2019 01/10/2019 2020 01/07/2020 2021 01/04/2021 Document Images Detail by Entity Name 02/22/2021 —Amendment View image in PDF format 01/04/2021 —ANNUAL REPORT View image in PDF format 05/08/2020 — Amendment View image in PDF format 01/07/2020 — ANNUAL REPORT View image in PDF format 07/15/2019 — Amendment View image in PDF format 04/02/2019 — Amendment View image in PDF format 01/1.0/2019 — ANNUAL REPORT View Image in PDF format 08/14/2018 — Amendment View image in PDF format 01/24/2018 — ANNUAL REPORT View image in PDF format 03128/2017 — AMENDED ANNUAL REPORT View image In PDF format 01/24/2017 — ANNUAL REPORT View image in PDF format 02/01/2016 — ANNUAL REPORT View image in PDF format 01/23/2015 — ANNUAL REPORT View image in PDF format 01/08/2014 — ANNUAL REPORT View image in PDF format 0/13/2013 — Amendment View image in PDF format 01116/2013 — ANNUAL REPORT View image in PDF format 03116/2012 — ANNUAL REPORT View image in PDF format 04/06/2011 — ANNUAL REPORT View image in PDF format 03/02/2010 —ANNUAL REPORT View image in PDF format 04/10/2009 —ANNUAL REPORT View image in PDF format 03/11/2008 -- ANNUAL REPORT View image in PDF format 04/09/2007 — ANNUAL REPORT View image in PDF brmat 02/23/2006 —ANNUAL REPORT View image in PDF :ormat 04/13/2005 — ANNUAL REPORT View image in PDF format 02/18/2004 — ANNUAL REPORT View image in PDF `ormat 01/22/2003 —ANNUAL REPORT View image in PDF `ormat 157 search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder—CWROBERTSC... 3/4 9/29/21. 9:14 AM 03114/2002 — ANNUAL REPORT 01.130/2002—M erger 04;0612001 —ANNUAL REPORT 03!24/2000 — ANNUAL REPORT 02.11711999 — ANNUAL REPORT 02,0311996 — ANNUAL REPORT 02103/1997 — ANNUAL REPORT 02f2211996 —ANNUAL REPORT 04/07/1995 — ANNUAL REPORT View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Detail by Entity Name 158 search. sunbiz.org/inquiry/CorporationSearch/SearchResultDetail?inquiryt/pe=EntityName&direction-ype=Initial&searchNameOrder=CWROBERTSC... 4/4 M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Phillip J Matson, AICP; Community Development Director THROUGH: Scott McAdam, CBO, MCP; Building Official DATE: September 27, 2021 SUBJECT: Adoption of Revised Building Permit Fee Schedule, Increasing Permit Fee Valuation Factor by Ten Percent It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 5, 2021: BACKGROUND The Building Division is one of several county enterprise funds. Consequently, Building Division activities and expenses are funded solely from Building permit and related fees charged and collected by the Building Division. Expressed another way, fee payers (not .tax payers) fund all Building Division activities and expenses. Over the last three years, building permit activity has increased significantly. With increased activity levels, various expenses have increased, (staffing, supplemental services, capital items) but overall revenues decreased. As a result, staff has determined that a modest fee valuation factor increase of 10% is warranted. At the July 2021 budget workshop and at a subsequent September 2021 budget hearing, the County Administrator informed the Board of an October 2021 planned 10% increase and Board members expressed support for the planned fee increase. Staff is set to implement the fee increase on the first Monday after this meeting (Monday, October 11, 202 1) and seeks the Board's formal approval of the fee increase via a revised Building Permit Fee Schedule. ANALYSIS Staff has reviewed trends for revenues and expenses as well as future needs and determined that a modest increase in fees based on job value is needed. A fee reduction for Private Provider related permits will be included as follows: 10% reduction in fees if a "Private Provider" is utilized for Permit Plan Review, and 25% reduction in fees if a "Private Provider" is utilized for Permit related Inspections. 159 The actual Building Permit Fee increase is an increase in the job value factor from 0.394% to 0.4334%, an increase of 10.00%. That change represents an increase in the building fee for a typical single family home of less than $100. Attached is a resolution to formally revise the building permit fee schedule to reflect the 10% increase described above and the adjustment in Private Provider reduced fees. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the attached resolution. ATTACHMENT 1. Resolution 160 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUILDING PERMIT FEE SCHEDULE INCREASING FEES BASED ON VALUATION (10% INCREASE) AND ADJUSTING PRIVATE PROVIDER PERMIT FEE REDUCTION WHEREAS, the Board of County Commissioners of Indian River County, in accordance with Florida Statues, has established a policy that the Building Division is to be financed, to the extent feasible, by user fees; and WHEREAS, it has been determined that a 10% increase in the valuation factor (percentage) used to calculate Building Permit Fees is warranted; WHEREAS, it has been determined that an adjustment to the Private Provider Plan Review (33.3% to 10%) and Inspection (33.3% to 25%) reduced Permit Fee percentages is warranted; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that The Building Permit Fee Schedule is hereby revised as set forth in the attached Appendix A. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Joseph Earman Commissioner Laura Moss _ who and upon The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 161 ATTEST: Jeffrey R. 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PUBLIC DISCUSSION INFORMATION Indian River Count Code Section 102.044(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Paul L Westcott NAME OF INDIVIDUAL OR ORGANIZATION: 1570 56th Square East, Vero Beach ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE:772-708-9153 Potential Vaccination Mandate IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: ❑ interactive Web Form 4 E -Mail Hand Delivered a_ Phone ❑ YES ® NO ❑ YES a NO COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown 10/5/2021 167 This right is viewed as more broad than the right to privacy found in the U.S. Constitution and is considered a fundamental right. The Florida Supreme Court has applied this provision to set parameters on personal health care decisions: "We conclude that a competent person has the constitutional right to choose or refuse medical treatment, and that right extends to all relevant decisions concerning one's health", In Re Guardianship Browning 568 Sold 4 (Fla. 1990). Certainly, one cannot have a right without a remedy. The right to privacy as defined in Florida's Constitution is meaningless if one who is damaged by its violation is not afforded the ability to enforce and recover if harmed by its violation. A termination violative of Florida law is by definition a wrongful termination. Such a violation creates exposure for damages. Florida Statute section 381.00316 (2) has been interpreted to prohibit units of local government from conditioning continued employment on getting vaccinated. Additionally, at subpart (4) of the statute section a $5000 penalty can be imposed by the state for each violation. The legislature structured the two sections so as to establish the worker's right separately. In other words, the statute separately or distinctly gives government employees the right to be free to choose to be vaccinated or not without risk+ng the loss of employment. This right also acts as a limitation of power for units of local government. The prohibition stands alone and creates the right of the employee and the responsibility of the unit of local government. In addition to creating the right the statute imposes a potential penalty by the State of Florida. This structure has likely given the government employee personal right to sue. As you may be aware, statutes and regulations are part of an employment relationship or contract. For instance, wage and hour protections, OSHA standards, and workers' compensation laws are part of every employment relationship/contract even if not overtly discussed or contemplated by employers and employees. Therefore, it would appear that the right to not be forced to be vaccinated as a condition of employment by a unit of local government is now a part of each government worker's employment contract. If an employee is terminated based upon a reason not allowed by law that termination would seem to be a wrongful termination by definition. The unit of local government that bows to the federal overreach is unwittingly exposing their entity to wrongful termination litigation in addition to the $5000 penalty. Another consideration is the occurrence of any adverse reaction to a forced vaccination and how that raises workers' compensation considerations. The vaccines are new and their adverse reactions are still unfolding. Incurring the additional risk of workers' compensation liability will have immediate expenses with long term exposure implications. How will your workers' compensation program properly underwrite/reserve this risk? How will you protect your employees while being good stewards? Will you cover all claims? How will you pick and s Paul L. Westcott, Esq. 1570 56th Square East Vero Beach, FL 32966 October 5, 2021 Indian River County Board of County Commissioners 180127th Street Vero Beach, FL 32967 Dear County Commissioners, I want to start by thanking you for your public service during these trying times. We have all been challenged and, unfortunately, the challenges seem to keep coming. As you are aware, the Biden Administration is in the process of developing a Vaccination Mandate. Included in President Biden's announcement is the likely requirement that larger employers force their employees to receive a COVID-19 vaccination as a condition of continued employment. For employers who refuse to comply there is a $14,000 fine/penalty for each employee not forced to get vaccinated. I appreciate your reluctance to move in the direction of vaccine mandates. This letter is intended to affirm your policy. In the coming months we are likely to experience increased pressure for mandates. The financial threat by the Biden Administration might make the decision appear easy or simple. I want to give you a few things to consider as the formal implementation of the mandate approaches. Obviously, there are several U.S. Constitution issues concerning individual rights, states rights as well as the President's capability to unilaterally do what he intends. The concerns I raise are likely more subtle. In addition to the intrusiveness of forcing an employer to invade the personal medical decisions of its employees, there are legal and risk management considerations that cannot be ignored. Keep in mind your employees are fellow members of your community. They are your friends and neighbors. They are your constituents and deserve your protection and full consideration. Florida's Constitution at Article I, Section 23 provides a significant right to privacy: "Every natural person has the right to be left alone and free from governmental intrusion into the person's private life except as otherwise provided herein..." choose? Will you have to offer pre vaccination physical examinations and blood work in order to obtain a baseline for each employee? The workers' compensation system has a two year statute of limitations, but if the alleged condition could not be identified or related to the vaccination within that window of time the statute of limitations is extended. As you can see, this is a very complicated issue that is far beyond the decision to pay or not pay the federal penalty that is likely unlawful. The fourth topic warranting consideration is the Americans with Disabilities Act. Some of your employees may have pre existing conditions that make the vaccines contraindicated. The employees already have an established job description that defines the essential functions of the job. A vaccination is not an essential function of their job. How do you provide a reasonable accommodation? What are the implications if you do not? It is unfortunate that the Biden Administration is about to put you in this position. The cost benefit analysis is not clear cut. For those who might ask "why don't they just get the vaccination?", I will point out that the decision you face is not about the vaccination. The decision is about the ability of your employees to exercise the liberty given them, not by government, to make personal health decisions. On this topic I would like to finish by sharing a story I believe to be relevant. A friend of mine who has been fully vaccinated came down with COVID. His symptoms were so subtle he did not know he was sick. He unwittingly exposed his office staff and they became sick. One of them had a significant pre-existing condition, but mercifully she is okay now. We are told the vaccines do not guarantee you will not get the disease, but will minimize your symptoms if you do get the disease. If what we are told is true, then there is a risk that a vaccinated person could have COVID, but with symptoms so minimal as to be ambiguous or unnoticed. That person would have no reason to change their behaviors and could expose many. Would it not be reasonable for a person with a high risk friend or family member to not be vaccinated so that they can better self monitor possible symptoms? I share this observation to demonstrate the vaccination decision is not monolithic. Again, I appreciate your service. This letter is intended to help you make a decision that is as well informed as possible. Thank you for your time. Sincer , Paul L Westcott, Esq. )0A3 C�VEl? coG2 Office of the z INDIAN RIVER COUNTY * * ADMINISTRATOR Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Kathleen Keenan Legislative Affairs and Communications Manager DATE: September 15, 2021 SUBJECT: Indian River County, St. Lucie County and Martin County Joint Board Meeting BACKGROUND In preparation for the 2022 Florida legislative session, Martin County and St. Lucie County have reached out to Indian River County to see if the Board would be interested in attending a joint board meeting to discuss legislative priorities. The meeting is tentatively set for Tuesday, October 26th from 9:00 am to 12:00 pm at the Indian River State College Main Campus, 3209 Virginia Avenue, Brown Center for Innovation & Entrepreneurship, Room Y-102. In accordance with section 125.001, Florida Statutes, the Board is permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities to discuss matters regarding land development, economic development, or any other matters of mutual interest. To do so, all three referenced boards are required to: (1) adopt a resolution authorizing the participation in the joint meeting; (2) publicly notice the meeting within its jurisdiction; (3) and hold the meeting in an appropriate public place. Pursuant to section 125.001(2)(b), Florida Statutes, no official vote can be taken at the meeting. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss joint legislative priorities in anticipation of the State of Florida's 2022 legislative session. ATTACHMENT Proposed Resolution 168 0 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE IN A JOINT MEETING WITH THE ST. LUCIE COUNTY COMMISSION AND MARTIN COUNTY COMMISSION TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss legislative priorities that we share prior to the State of Florida's 2022 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the St. Lucie County Commissioners and Martin County Commissioners on October 26, 2021, which will be properly noticed within the jurisdiction of all participating counties. Section 3. Notice of this meeting shall be duly advertised and official minutes shall be taken. Section 4. This resolution shall take effect immediately upon adoption. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 169 Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Brvan Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of , 2021. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: By: Dylan Reingold County Attorney Joseph E. Flescher, Chairman 170 I aG / INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Native Plant Garden Configuration County Administrative Building A DATE: September 23, 2021 DESCRIPTION AND CONDITIONS On August 17, 2021 the Board discussed the Native Plant Garden configuration proposed for an area in the front of County Administrative Complex Budding A. The Board directed staff to work with Dr. Baker and his design team to reduce the size of the proposed area and provide the necessary maintenance area between the existing landscaping and the proposed native plant garden. The attached is the proposed layout of the native garden that has been provided by Dr. Baker and his team. County staff has reviewed the proposed layout and plant materials and has no objections. 911d1D fikird County funding is not required for this project. RECOMMENDATION Staff is presenting this proposed layout to the Board for action to allow Dr. Baker and his team to finalize the construction plans for review by staff and to allow for the County Attorney's office to complete the necessary construction and maintenance agreement that will be based on the approved layout. Staff also recommends that the Board Authorize the County Administrator to execute any and all documents necessary to effectuate the implementation of the plan. ATTACHMENTS L1 Proposed Native Plant Garden Configuration L2 Proposed Native Plant Garden Configuration APPROVED AGENDA ITEM FOR: October 5, 2021 171 t•N», ... 096Z£ VOI80I='HOV39 CHIIA 133NIS 41LZ 1081 N34aVJ 1NVId 3AIIVN M-IdWOO B�TIa NOIlVdiSINIWGV A.LNnoo b3AId NVIGN1 :Per»d aazo NowlwsaaoN aooli nN u3roba 53N01331NiSNORlA3tl NOIItllN3N0�00 NOLLOfIW5Np0 p([§[§I{! yCt S A� ifl O Z 5 o N z / s g i • 6 + + ''�No eS•. — 4- w _>�x l i Z � m gnd Srvola 0�-600i[\NplvIN3wN�00 NOLLElW1sNO�V003�N30YJ\SONIMtrod\N3W v93NLVN X3leu0� NINOv �tll • 600'IL�Sll3fONd\�[-Xlse ll3fOb0 C O Z 5 s i z - AI 5 92 096Z£ ` (31801zl'H3V3E Oal]A 133HiS 43CZ L081 I20L'C tl30H31tl3331Ya Z N342i`d'J 1N`dld 3NIlb'N X3-ldW03 2JT22p7o NOIlVdISINIW(3V AiNno:) ZOA18 NVIGN1 — as a wnwa a 3 -fold Siva tloummsaa 'ox eoou ax u3raae 33u015311u15u0151n3tl uglviu3u0a0a ugL'f11u15u0� gay/ Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 23, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Cindy Corrente, Utility Finance Manager Subject: Utility Accounts Receivable Bad Debt Follow Up and Potential Foreclosure Activity Background: On March 9, 2021, a public hearing took place that resulted in modifications to County Code that pertained to payment and collections of certain utility bills. These modifications set forth a specific time period during which staff was authorized to waive some, or all, penalties and interest on certain past due utility accounts and to make payment arrangements for settlement of said accounts. Modification to code also included language that provided staff with the authorization to seek final settlement or ultimately foreclosure for any accounts that remained unsettled. The most significant waivers were given to owners who made settlement before June 14, 2021. Rather significant waivers were also given to owners wl,.o signed payment agreements promising to settle their remaining balances by May 22, 2022. Those wa4vers are contingent upon the owners completing their payment obligations on time. Once the modifications were adopted, staff proceeded with various collections efforts. Key components of the effort were: • Mailing approximately 410 certified letters to owners of properties/accounts, wherein there were over 24 months of past due water and/or sewer charges, past due impact fee loans, or past due assessment accounts. • Calculating proposed settlements offers for any owners that responded to the letters. • Following up via telephone with any customers for which a valid telephone number was available. Analysis: At the time of the Board of County Commissioners (BCC) presentation prior to the public hearing, there were 333 accounts that had charges over twenty-four months old, or delinquent loans; or assessment accounts. By the time the letters were actually mailed, there were 410 accounts that had exceeded the 174 24 months, or were close to exceeding it. A summary of the original 333 accounts is listed in the table below. Of the original 333 accounts, 159 were water, sewer accounts, 15 were expired impact fee loans, and 159 were expired assessment accounts. Account Type Number of Accounts Total Outstanding Debt Principle or Service Availability Penalties & Interest Water & Sewer 159 $2,092,000 $590,000 $1,502,000 Impact Fee Loans 15 $ 140,000 $ 57,000 $ 83,000 Assessments 159 $ 649,000 $281,000 $ 368,000 Totals 333 $2,881,000 $928,000 $1,953,000 The next table represents the settlements that were made between March 15, 2021, and June 14, 2021. Account Type Number of Accounts Settled Total Cash Collected Total Penalties & Interest Waived Water & Sewer 48 $120,751.14 $483,239.40 Impact Fee Loans 5 $ 22,353.66 $ 19,491.63 Assessments 54 $127,663.08 $ 79,776.73 Totals 107 $270,767.88 $582,507.76 The last table represents payment arrangements. These owners have until May 2022 to complete their agreements. Of the 22 account holders, nine have kept their agreements through September. Reminder calls are made monthly to those not keeping their agreements. All owners in this group have until May 22, 2022, to complete their agreements. Any customers who do not complete their agreements will be added to the potential foreclosure group. Account Type Number of Agreements Water & Sewer 13 Impact Fee Loans 0 Assessments 9 Totals 22 There are a few items required in order to complete the initial phase of the Accounts Receivable collections project. First, the total penalties and interest that were waived will need to be recorded as Bad Debt Expense. Second, since the Fiscal Year 20/21 budget for the Indian River County Department of Utility Services (IRCDUS) did not include funding for the bad debt, a budget amendment will be required to cover the expense. Third, staff will work with the County Attorney's office to process any potential foreclosures. Due to the number of potential foreclosures, staff will be seeking permission to seek outside counsel, if needed, to assist with these foreclosures. It is noted that the foreclosure process will include another attempt to settle with the owners. The second and final phase of the project will be to report all of the same steps for the 22 owners shown currently to have payment arrangements to settle their debt. These steps cannot take place until after the May 22, 2022, deadline. 175 Page 2 of 3 Funding: Total funds in the amount of $682,507.76 to cover the expenses will come from the Bad Debt Expense and Other Professional Services accounts in the utilities operating budget. Utilities operating funds are derived from water and sewer sales. It will require a budget amendment to cover the expenses of $582,507.76 for FY 20/21. Account Number Account Name Amount 47126536-036510 (FY 20/21) Bad Debt-Water/Sewer $582,507.76 47123536-033190 (FY 21/22) Other Professional Services $100,000.00a Total $682,507.76 '/j outside counsel is needed for assistance Recommendation: Staff recommends that the Board of County Com-nissioners: a) Authorize staff to classify the $582,507.76 in penalties and interest that was written off as bad debt expense. b) Authorize the Director of Management and Budget to process a budget amendment from the operating fund balance (cash) to cover the $582,507.76 expense. c) Authorize staff to work with the County Attorney's office to process any potential foreclosures. d) Authorize staff to seek outside counsel, if needed, to assist with these foreclosures. 176 Page 3 of 3 M61 October 5, 2021 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 30, 2021 SUBJECT: Update on Status of No Discharge Zones in Indian River County and Indian River Lagoon FROM: Peter D. O'Bryan, Vice Chairman Commissioner, District 4 Discussion Item: I wish to update the Board on the status of No Discharge Zones in Indian River County / Indian River Lagoon. Attachment: Email from Janet Zimmerman, Assistant Executive Director, Florida Inland Navigation District. 177 Maura Stokes From: Peter D. O'Bryan Subject: FW: I R Lagoon marinas From: Janet Zimmerman <jzimmerman@aicw.org> Sent: Tuesday, September 28, 20213:40 PM To: Mark Crosley <mcrosley@aicw.org>; Peter D. O'Bryan <pobryan@ircgov.com> Cc: Steve Boehning <sboehning@aicw.org> Subject: RE: I R Lagoon marinas CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good news, Peter. The FWC bill that passed this past legislative session is moving that NDZ ball forward. As of July 1, 2021, Section 19. Section 327.521, Florida Statutes, was created to read: "327.521 No -discharge zones.— (1) Effective immediately upon approval by the United States Environmental Protection Agency of a no -discharge zone determination for the waters of the United States within the boundaries of aquatic preserves identified in s. 258.39, all waters of this state within such areas are designated no -discharge zones within which a person may not discharge sewage of any type, whether treated or untreated, from any vessel or floating structure." The Aquatic Preserves cover all of the IRL in IRC: Indian River -Malabar to Vero Beach Aquatic Preserve and Indian River -Vero Beach to Ft. Pierce Aquatic Preserve I'm not sure which FWC staff person is taking the lead to work with EPA. But you might try: Boating and Waterways Section within the Florida Fish & Wildlife Conservation Commission: Waterway. Management at.,My FWC.com If I can be of further assistance please let me know. Sincerely, Janet Zimmerman, Assistant Executive Director Florida Inland Navigation District (FIND) 1314 Marcinski Rd Jupiter, FL 33477 561.627.3386 www.AICW.org 178 Is -81 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 24, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Subject: Request for General Funds - PACE Project and Other Community Projects FY2021-22 Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects, including the Florida Department of Health (FDOH) in Indian River County Division of Environmental Health's {EH) Protocol for Assessing Community Excellence (PACE) project. The PACE project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes pose safety and health hazards, and provide havens for drug dealers and other criminal activities. It has been determined that =here are homes that need to be demolished in order to enhance the well-being of the community. Other community projects include removing illegal dumping and other clean-up projects that involve volunteers throughout our community. SWDD has received the attached request from Julianne Price, EH Manager at FDOH in Indian River County, for an allocation of $6,000 for this fiscal year. Staff supports this request and recommends a total of $9,000 in funding to cover the pledge of $2,000 per year to the Indian River Farms Water Control District in addition to $1,000 for other cleanup/illegal dumping projects. Analysis: For each PACE EH project, labor and machinery will be donated towards the cleanup effort. It is the request of the partners involved in each project that the Board of County Commissioners (BCC) allocate funds to cover associated landfill disposal fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up by County/SWDD staff or by volunteers. The total estimated landfill fees are not expected to exceed $9,000.00 for all projects involved in clean-up efforts. Funding: The funding to cover landfill disposal fees for cleanup events and illegal dumping debris totaling $6,000 is budgeted and available in the General Fund/Planning/Other Professional Services account (00120415- 033190). The remaining $3,000 will be on a future budget amendment from Reserve for Contingency account. SSWDD Agenda - Request for General Funds - PACE and Other Community Project FY2021-22 Page 1 u14 SWDD Item Description Account Number Amount General Fund — Planning - Other Professional Services 1 00120415-033190 $9,000.00 Recommendation: Staff recommends the Board of County Commissioners authorize up to $9,000.00 to be donated to various Protocol for Assessing Community Excellence (PACE)/illegal dumping projects for the sole purpose of paying associated landfill fees. Attachment: Letter from Health Department SSWDD Agenda - Request for General Funds - PACE and Other Community Project FY2021-22 Page M Mission: To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Vision: To be tte Healthiest State in the Nation September 24, 2021 Indian River County Solid Waste Disposal District 1325 741 Avenue SW Vero Beach, FL 32968 RE: Landfill Fee Allocation Dear Himanshu: Ron De3antis Governor Joseph A. Ladapo, MD, PhD State Surgeon General Since April 2009, Florida Department of Health in Indian River County's Environmental Health section has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been identified by the residents and the health department is abandoned homes. These abandoned homes are safety and health hazards and provide havens for drug dealers and other criminal activities. In addition to PACE EH, Environmental Health responds to complaints associated with abandoned and derelict homes and structures throughout the county. Environmental Health staff also respond to illegal dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response has increased with the current economic climate, aftermath tropical storms and continued mosquito concerns in the community. In 2018, the Commission allocated $6,000 to assist with landfill fees while labor and equipment were donated by private contractors to assist the very ow -income property owners with demolishing the hazardous structures. It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $6,000. Florida Department of Health in Indian River County 1900 271 Street, Vero Beach, Fl. 32960 PHONE: 772,7$4-7400 WEBSITE: httpllndianriver.flondahealth.gov FloridaHealth.gov Sincerely, ulianne R. Price, R.S. Environmental Health Manager Accredited Health Department . Public Health Accreditation Board 181 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: September 24, 2021 To: Jason E. Brown, County Administrator From: Matthew Jordan, Interim Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 43 to Kimley-Ho-m for the Solid Waste Disposal District Annual Financial Reports Descriptions and Conditions: The Solid Waste Disposal District (SWDD) is required by the Florida Department of Environmental Protection (FDEP) to prepare two (2) annual financial reports certified by a third -party professional engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow accounts for the closure and long-term care of the County's active landfills. The Full Cost Accounting Report is to inform residents of the County of the full cost of collection, management, and disposal of solid waste in the County. Analysis: Kimley-Horn and Associates, Inc. (KHA) has prepared Work Order No. 43, per the Continuing Consulting Engineering Services Agreement for Professional Services, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement entered into on April 17, 2018, renewed and amended as of May 18, 2021. The tasks are listed below showing the expected completion dates and their estimated fees. TASK DESCRIPTION DUE DATE AMOUNT Task 1 Full Cost Accounting Report 30 Days from NTP la1 $ 5,000 — Lump Sum Financial Assurance Report Task 2 2.1— Closure Cost Adjustment 15 Days from NTP $ 42,200 — Lump Sum 2.2 — Survey/Air Space Adjustment 90 Days from NTP TOTAL (Lump Sum) = $ 47,200 NTP — Notice to Proceed (a) And receipt of data from SWDD (b) Escrow balance and budget recommendations will be provided within 30 days of receipt of information from SWDD SWDD Agenda - WO No 43 Kimley-Horn SWDD Annual Financial Reports Page 1 cif SWDD Item Funding: Funding for the SWDD Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $430,000 for the 2021/202 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $47,200 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: amount of $47,200 to Page 2 gf� This Work Order Number 43 is entered into as of this SO day of October 2021, pursuant to that certain Continuing Consulting Engineering Services Agreement for Professional Services entered into as of this 17th day of April, 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn, and Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant -to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties here -_o have executed this Work Order as of the date first written above. CONSULTANT: SOLID WASTE DISPOSAL DISTRICT By: Print Name: Title: Comptroller By: Joseph E. Flescher, Chairperson BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney 184 The County is required to document full cost accounting and financial assurance each year in accordance with their Solid Waste Operations Permit. SCOPE OF WORK Task 1.0 Full Cost Accounting Evaluation for Fiscal Year 2020-2021 The Consultant will assist the COUNTY in preparing a report and public notice reflecting the full cost for solid waste management for customers served by the COUNTY. This shall include the rate charged by the county or municipality to the end user for solid waste management services plus any other direct, indirect or outside contractor costs associated with solid waste management services. Consultant will prepare a draft table using information provided by the COUNTY for review by COUNTY staff. The draft public notice, summary tables and working documents will be provided electronically, unless otherwise requested. The Consultant will address up to two (2) rounds of reasonable comments on the report and public notice provided for review and resubmit the revised documents to the COUNTY for their use. Task 2.0 Financial Assurance The COUNTY operates both a Class I landfill and a Construction and Demolition Debris Landfill through a contract with Republic Services. In accordance with Chapter 62-701, F.A.C., the COUNTY is required to submit cost adjustments based on an inflation factor for closure annually. Every five years, the closure cost estimate must be revised by recalculating the total cost of closure. Subtask 2.1. Closure Cost Estimate Adjustment CONSULTANT will provide the Closure Cost Estimate adjustment to the COUNTY based on the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business. CONSULTANT wdl include escrow account balance recommendations for Fiscal Year 2021-2022, and escrow budget recommendations for Fiscal Year 2021-2022. Subtask 2.2 Financial Assurance Report Consultant will provide surveys and assessments of airspace used by our subconsultant, Masteller, Moler & Taylor, Inc. (MM&T) for the Class I landfil" and C&D debris disposal facility. The topographic survey will be performed with the attached proposal from MM&T. For the Class I Landfill (Segments I, 11, and III), the Consultant will evaluate waste compaction rate and utilize this evaluation in preparation of a Financial Assurance Report for the COUNTY's use. The Financial Assurance Report will utilize historical waste generation and landfill airspace data; current placement and generation rates; information on remaining la-idfill capacity; recent and planned project expenditures; and estimated closure costs to evaluate the current and projected escrow account balances for the landfill to determine what escrow deposits should be made during the 2022 fiscal year. 185 DELIVERABLES Task 1.0 Table and working documents Subtask 2.1 Closure Cost Estimates for FY 2022 Subtask 2.2 Survey (as described in MM&T's proposal), Financial Assurance Report ASSUMPTIONS It is assumed that the closure cost estimates required for the FY 2022 will be escalation of existing, previously -approved full cost estimates using the FDEP approved escalation (tied to the CPI). If preparation of full closure cost estimates for the facility are required, that shall be as an additional services upon receipt of an executed amendment. The Consultant will rely upon the accuracy and completeness of all documents, surveys, reports, plans and specifications provided by the COUNTY or by others for whom the Consultant is not legally responsible. The COUNTY acknowledges that verifying the accuracy and completeness of such items is not part of the Consultant's scope of services. This agreement is made in anticipation of conditions permitting continuous and orderly progress through the completion of services, times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. The COUNTY will provide any information requested by Kimley-Horn in a timely manner to avoid delay of the Project. In addition, the COUNTY will ensure that COUNTY representatives are available for all meetings in order to avoid delay to the Project. 186 The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses as follows: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee 1.0 Full Cost Accounting $5,000 2.0 Financial Assurance $23,200 Total Labor Fee $28,200 Sub -Consultants -M M&T Survey $19,000 TOTAL LABOR AND EXPENSE FEE (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) $47,200 187 Upon authorization to proceed by the COUNTY, final documents are anticipated to take approximately three (3) months from the Notice to Proceed (NTP) and receipt of data from the COUNTY. NTP contingent upon approval 1.0 Full Cost Accounting 30 days from NTP (a) 2.1 Closure Cost Estimates for FY 2022 90 days from NTP (a) 2.2 Survey 60 days from NTP (a) 2.2 Financial Assurance Report 90 days from NTP (a) a) And receipt of all required data from the COUNTY. (THE REMAINDER OF THIS 'RAGE IS INTENTIONALLY BLANK)