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01/19/2016
COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 19, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating January 24 — 30, 2016, as Indian __River County School -Choice Week 1 -Week -------------------------------------------------------------------- B. Presentation of Proclamation Recognizing Indian River County Veteran Cpl. Sylvester McIntosh for Receiving the Secretary of the Navy's Silver Star Medal 2 -------------------------------------------------------------------------------------------------------------------- January 19, 2016 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Quarterly Recycling Update by Stephanie Vos, Recycling Education and Marketing Coordinator, Indian River County Solid Waste Disposal District --------------------- ----------------------_3 _ — --------------------------------------------- D. Presentation of Annual Report by Laurie Easterwood, Chairperson; Charlie Wilson, President; and Robert McCabe, Economic Development; Vero Beach Chamber of Commerce ---- -------------------------------------------------------------------------------------------------------------------- 6. APPROVAL OF MINUTES None 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Letter of Opposition to All Aboard Florida from Penny Chandler to the Federal Railroad Administration __(memorandum_dated January- 7,_2016)-------------------------------------------------------------- 4-7_ B. New Fees for Indian River County Shooting Range Effective March 1, 2016 __(memorandum dated Januarx_5,_2016)------------------------------------------------------------ ------- C. Retirement Award and Proclamation Honoring Elizabeth Peters on Her Retirement from Indian River County Board of County Commissioners Utilities Department/Customer Service Division with Ten -Ye -ars -of Service 12-13 - - - ---------------------------------------------------- 8. CONSENT AGENDA A. Approval of Checks and Electronic Payments — December 31, 2015 to January 7, 2016 (memorandum dated January 7,_2016)----------------------------------------------------------- -------- B. Mt. Zion Missionary Baptist Church and Hutton Team LLC's Request for Final Plat Approval for a Subdivision to be known as Gifford PD __(memorandum dated January_8,_2016)21-37 ------------------------------------------------------------------ C. Florida Fish and Wildlife Conservation Commission Agreement No. 15120 — Indian River County Shooting Range Hunter Education Classroom __(memorandum dated Januarx_6,_2016)----------------------------------------------------------- D. Financial Advisory Agreement — FirstSouthwest _ _(memorandum dated Januarx_12,2016) _ _ _ _ 86 -100 ------------------------------------------------------------ E. Miscellaneous Budget Amendment 011 __(memorandum dated January 8, 2016) _____ 101.111 ------------------------------------------ January 19, 2016 Page 2 of 7 8. CONSENT AGENDA PAGE 9. F. Final Payment to Blue Goose Construction for Water Main Loops in the Highlands and Falcon Trace __(memorandum dated JanuarX_11, 2016) 112-116 ----------------------------------------------------------------- G. Final Payment to MMT for Route Survey for Fischer Lake Island Water Assessment Project — UCP #4118 (memorandum dated December 31� 2015) 117-119 -------------------------------------- -- ---------------------------------------------------------------------- H. Diamond Court West FL, LLC's Request for Final Plat Approval for a Plat - Over -Site Plan Single -Family Development to be known as Lily's Cay __(memorandum dated January_8,_2016) __ 120-147 I. Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park — Change Order No. 03 __(memorandum dated December 31, 2015) 148 -156 ------------------------------------------------------------- J. Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park — Change Order No. 04 __(memorandum dated December 31, 2015) 157 -163 ------------------------------------------------------------- K. Work Order No. 6 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring Surveys (Winter) _(memorandum_dated January_ 11, -2 016) 164-169 ---------------------------------------------------------------- L. Traffic Counters: Board Approval for Trade-in and Purchase of Four (4) Traffic Counters __(memorandum dated January_7,_2016)---------------170-175 --------------------------------------------------- M. Memorandum of Lease Extension and Second Amendment to Lease Agreement for Winter Beach Tower at 3925 65h Street __(memorandum dated January_ 13, 2016) 176-185 ----------------------------------------------------------------- N. Interlocal Agreement Among Indian River, Martin, and St. Lucie Counties Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast _(memorandum dated January_ 13 z 2016) 186-193 ---------------------------------------------------------------- O. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program _(memorandum dated January_ 13, 2016) 194-197 ---------------------------------------------------------------- CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None January 19, 2016 Page 3 of 7 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub -elements of the County's Comprehensive Plan (memorandum dated January 8, 2016) 198.219 Legislative 2. Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and including Supplement 113 (memorandum dated December 29 2015) 220-223 Legislative B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 11. .COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None January 19, 2016 Page 4 of 7 12. DEPARTMENTAL MATTERS C. General Services PAGE 3, Recreation a. Rental Agreement Proposal for Hobart Baseball Fields (memorandum dated January 10,_ 2016) _ 224-232 D. Human Resources None E. Office of Management and Budget None F. Public Works None G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Legislative Update by Kate Cotner, Assistant County Attorney (no back-up) ---- --------------- B. All Aboard Florida St. Johns River Water Management District Permits (memorandum dated January- 13 2016)----------------------------------------------------- 233-241 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman 1. US 1 South County Signage __(memorandum dated January 12, 2016)_ __________________________________________ 242 B. Commissioner Joseph E. Flescher, Vice Chairman None C. Commissioner Wesley S. Davis None January 19, 2016 Page 5 of 7 14. COMMISSIONERS MATTERS PAGE D. Commissioner Peter D. O'Brvan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes December 1, 2015 2. Approval of Minutes December 8, 2015 3. CCNA-2014 Work Order No. 6 to CDM Smith, Inc. for Engineering Services with the 2016 Annual Permit Compliance Monitoring and Reporting __(memorandum dated January_11, 2016)_____________________________ 243-255 C. Environmental Control Board None 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 January 19, 2016 Page 6 of 7 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 Meeting may be broadcast live by 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 S:OOp.in. January 19, 2016 Page 7 of 7 PROCLAMATION DESIGNATING JANUARY 24 - 30, 2016, AS INDIAN RIVER COUNTY SCHOOL CHOICE WEEK WHEREAS, all children in Indian River County should have access to the highest -quality education possible, and WHEREAS, Indian River County recognizes the important role that an effective education plays in preparing all students in Indian River County to be successful adults, and WHEREAS, quality education is critically important to the economic vitality of Indian River County; and WHEREAS, Indian River County is home to a multitude of high-quality traditional public schools, public magnet schools, public charter schools, and non-public schools from which parents can choose for their children, and WHEREAS, educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community, and WHEREAS, Indian River County has many high-quality teaching professionals in traditional public schools, public magnet schools, public charter schools, and non-public 'schools who are committed to educating our children, and WHEREAS, School Choice Week is celebrated across the country by millions of students, parents, educators, schools and organizations to raise awareness of the need for effective educational options that challenge and motivate all our students to succeed NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board does hereby recognize January 24-30, 2016 as INDIAN RIVER COUNTY SCHOOL CHOICE WEEK and call this observance to the attention of all our citizens. Adopted this 191h day of January, 2016 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman i Joseph E Flescher, Vice Chairman Wesf�y S Davis Peter D QL�ryan Tim Zorc) �� PROCLAMATION RECOGNIZING INDIAN RIVER COUNTY VETERAN CPL. SYLVESTER MCINTOSH FOR RECEIVING THE SECRETARY OF THE NAVY'S SILVER STAR MEDAL WHEREAS, on July 9, 1918, the Citation Star, converted later to the Silver Star, was established by an Act of Congress for conspicuous gallantry and intrepidity in action against the enemy, and, WHEREAS, on May 13, 1967, while serving as a Squad Leader with Company A, 1st Battalion, 91h Marines in the Republic of Vietnam, Cpl Sylvester B McIntosh distinguished himself through selfless and courageous actions when his platoon came under heavy fire from a well entrenched North Vietnamese company -sized unit; and, WHEREAS, the platoon leaders were among the casualties from the initial contact, Cpl McIntosh took charge of his Marines and led them across fire -swept terrain to a position from which they could deliver suppressive fire on the enemy, and, WHEREAS, he then bravely entered the ambush kill zone to assist a wounded Marine, sustained a gunshot to his chest and despite his own life-threatening wound, Cpl McIntosh carried his fellow Marine to safety, and, WHEREAS, twice more he fearlessly re-entered the kill zone and carried casualties to safety, after which he finally collapsed from his own wound, and, WHEREAS, his audacious actions and tenacity inspired others to move forward, engage the enemy, evacuate the wounded, and ultimately break the enemy attack, earning Cpl McIntosh the Silver Star Medal to be presented by his former Commanding Officer Lt. Col Al Slater at Veterans Memorial Island Sanctuary on January 30, 2016, at 1 00 p m NOW THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that we do hereby express our admiration for the valiance shown by Cpl Sylvester B McIntosh, and are greatly honored that one of our own Indian River County Veterans is to be presented with the Silver Star Medal. Adopted this 19th day of January, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Peter D O'Bryan ) Ti 56 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT I° BOARD MEMORANDUM Date: January 11, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Prepared By: Stephanie C. Vos, Recycling Education and Marketing Coordinator, Solid Waste Disposal District Subject: Quarterly Recycling Update PUBLIC PRESENTATION: As of October 1, 2015, Indian River County switched from a dual -stream recycling program with two 18 - gallon bins to a single stream recycling program with a 64 -gallon cart. Recycling carts were delivered to all residential homes, with the exception of the Town of Indian River Shores. The accessibility of a recycling container combined with the ease of a "no sort" system, was expected to increase recycling participation throughout the county. Outreach efforts by SWDD staff has also focused on educating the public about proper recycling habits and encouraging them to join us as we strive to reach the statewide goal of 75% recycling by the year 2020. In the first 3 months of the program, we have seen an increase in the tonnages of outgoing recyclable materials. Our outreach efforts combined with the convenience of the carted single stream program appear to be encouraging recycling participation within the County. The quarterly summary is as follows: Month 2014 Tons 2015 Tons % Change (15/16 vs 14/15) October 969 1,278 32.0% November 967 1,309 35.4% December 1,187 1,851 56.0% APPROVED FOR AGENDA: By: �q - a""d //' JosepI4 A. Baird, County Administrator F D/ Date SWDD Agenda Quarterly Recycling Update - January 2016 Indian River Co. Approved Date Administration Mai SWDD Director Budget Legal IZ, Ib I b SWDD Finance JC C, 1/19/2016 Quarterly Recycling Program Update Stephanie Vos Recycling Education and Marketing Coordinator r>, * * Solid Waste Disposal District '!c'ctBOCC Meeting ��ok January 19, 2016 e -k Us. ECIC LE!-_ 5.¢, s�',¢s,: %' Is the New Program Encouraging More Recycling in Indian River County? 2,000 1,800 LA cu 1,600 U- 1,400 U 41 1,778 1,200 OD 1,000 Y 969 967 November* 35:4 0 800 q 0 Q) 600 h0 No l � 400 v z- Fp 200 200 O z- 0 0 ---- — -- —1-1 Dual Stream FY 2014/15 Single Stream FY 2015/16 1/19/2016 - 11,804 C11,000 11,486 11,603 F.11,005 11,114 10,000 10,881 9,000 %213 8,000 7,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 Fiscal Year How does that translate to -Goal-Total the statewide goal of 75,0 by 2020? 3-A - 2 3-A- 3 2,000 2,000 April - 144,000 Monthly Recycling Tonnages gins 1,800 October 2011 -Dec 2015 m 1,600 m c 143,000 1,800 (Reported every April) c 1,400 April 2014 14z,000 i v m 1,600 140,955 p 1,200 0 141,000 a O 1,000 1,400 = 139, 586 800 v 600---'---• ------- - ,- �1I 1,200 c 0 o 'o`` `C Cal o� PQ lJ PJ6 ¢ac `oJ PQ lJ `ac` vaJ PQ lJ PJ& `F` oC` P� l` PJ6 C �o 138,000 O 1,000 - 11,804 C11,000 11,486 11,603 F.11,005 11,114 10,000 10,881 9,000 %213 8,000 7,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 Fiscal Year How does that translate to -Goal-Total the statewide goal of 75,0 by 2020? 3-A - 2 3-A- 3 2,000 April - 144,000 Population Estimates from the Bureau of 143,326 Economic and Business Research (BEBR) Single Stream 143,000 1,800 (Reported every April) April 2014 14z,000 m 1,600 140,955 141,000 April 2013 1,400 = 139, 586 140,000 v 1,200 c 0 139,000 0 138,000 O 1,000 137,000 Soo - 136,000 600 - -- - ._. - - 135,000 J,DC\ PQi• 'o bC L C', ¢ J,df� PQ PQ JCC VJa(i F�¢a ,JC PJ�JS PQ ,JC PJ�JS O 1JC¢ J�JS O�� ESV ¢� PJ�J, �O�y ¢ �aJ O�J� `�O ¢� ¢ - 11,804 C11,000 11,486 11,603 F.11,005 11,114 10,000 10,881 9,000 %213 8,000 7,000 2008 2009 2010 2011 2012 2013 2014 2015 2016 Fiscal Year How does that translate to -Goal-Total the statewide goal of 75,0 by 2020? 3-A - 2 3-A- 3 Vero Beach e Chamber of Commerce "Think hero E'irst " Vero Beach Chamber of Commerce " 2'hink Vero First " Mission "To encourage tourism, economic development, the protection of our environment and preservation of the unique lifestyle that is Vero Beach and the barrier island. Our Motto is to "Think Vero First" A 1/19/2016 3-6-1 Vero Beach Chamber of Commerce "Think Vero First " 2015 Goals Reached Established signature events Maintained Membership of 100+ Promoted the unique interests of Vero Beach Vero Beach Chamber of Commerce "Think Vero First" Priorities 2016 Economic Development Increase Tourism Promote Vero Beach First Economic Development 1/19/2016 i Vero Beach Chamber of Commerce "Think Vero (First" Business Climate: Growth Rate .0006 There are 7,958 licensed businesses in the City of Vero Beach, I.R. County and I.R. Shores. Net gain in 2015-2016 5 Ver® Beach Chamber of Commerce "ThinkVero Tirst" UNEMPLOYMENT! United States Department of Labor Indian River County including Vero Beach 8th Highest unemployment in the State of Florida SSNT Op ES, c A Er 1/19/2016 3-6- 3 Ver® Beach Chamber of Commerce "Think Vero First" UNEMPLOYMENT! Indian River County including Vero Beach 8th Highest unemployment in the State of Florida Highest on the Treasure Coast (Nov.201 5) 0 Ver® Beach Chamber of Commerce "Thinkvero First" UNEMPLOYMENT! Indian River County including Vero Beach 81h Highest unemployment in the State of Florida Highest on the Treasure Coast Highest of any Coastal Community from Jacksonville to Key West MOM FROZET •3 , - >r `t•„��;'L®-S;" T:��%ss,�as; "'-..'o• ' :i. - b • ,�`, 3'�� L �Yi';� a;�`.st's ; _•,�., �s;�'yr:�°i; ' �%;';:::fie °,�`ri. sz. ti K •r�tl' 4..Y1 �, '^^e _.... � _ iy r.y r. 'C� ��e. ,�-ire �44y ..::�..q4%s it` .. "-'o� :' - - .- ="� b:• ": ...ii 1Ca 1/19/2016 3-9-4 Ver® Beach Chamber of Commerce ",Think Vero First" UNEMPLOYMENT! Worse Yet Indian River County and Vero Beach while celebrating its reputation for wealth has been in the top 10 highest unemployed counties for 22 Years Chamber of Commerce "Thinkvero First" 2016 already struggling businesses will face New Fees New Regulations Higher Taxes Growing Government Continue to pay higher energy costs to Vero Electric What Do These New Challenges Lead To? 1/19/2016 3-6-5 Vero Beach Chamber of Commerce "27iinkvero First" More Unemployment! Governmental Affairs Committee Will Address Challenges and Opportunities facing business in 2016 Including Electric to Gas Conversion Effects of the proposed Stormwater Tax Effects of the proposed Optional Sales Tax Use of Electric Property - - S ' � i:�`e ?aG •+i�,•:X a �w£- � ,tt ::^`£, iY't� ey ii'Y"" Y•`�.�, p�•``• �"• tie tV ° � 'v-°,.:. Vii:, >"-:'•, ,.a , >:;:t`•,x.�.... 1':�,-:. '� e �. ?'`:s§.:asa s,?z?.-. =:a'"� 1; .;e.�'f .°.7'a'-•: ;;naffs-� ' .�.a'sn< .:.b'. z� . v�4•• ..,�.•;e Vero Beach Chamber of Commerce "2hinkVero First" The # 1 Goal of the Vero Beach Chamber of Commerce for 2016 Is to work with the City and other organizations to address unemployment by advocating for a more business friendly climate in our community. We can grow our economy and provide opportunity while maintaining our unique quality of life that is Vero Beach. How? 3 Ways i �:r• ^fit��',a,`.;x :, 32 vn Mpc ri: eco, "� zi„Y ss° ” � ° , �L:.`,yiY«, `C•iL �°.,iSxn,_.C; : v':.-`,'4� ';S"w. �,��``si;•?.as': � V=' �.LYd .v'-t'-,� _" 4<<'',�X, �:,•,.,::::` s°°`�•.z' ; "��"� ., xa -. 1}`.�-,,. ;i-xh. _�-<tj 1:'; 3< yyyy• �" � 1� 1/19/2016 3 -IFS- 6 Vero Beach Chamber of Commerce #1 "think Vero First " The Vero Beach Chamber of Commerce will promote Vero Beach Hotels, Restaurants, Shops, and Businesses. Vero Beach Chamber of Commerce #2 In 2016 the Vero Beach Chamber of Commerce will establish the "Vero Beach Economic (Development Council" Why Needed? Request for cooperative representation on the County EDC was denied County EDC represents too much Government not Business Interests 37% working provides education challenges unique to Vero Beach To avoid conflict of interest, It is important to remain Independent We Will Accept No Government Funds! � � •�.::_^SN `a4�s,�. ,T�,�S,�'i+: ': :• " :x"Rp'tY' Ri s...�a '. 2ei.`4t�`r%vzti,-'-,. 41 1 s: �5e&,-., 40"' ¢. .;. - �^,k` =thy. •a. �; g ";:,t a'A i� _ "�T,•y'�a s 'r- is rx`S'`-,"s ,,_ . +r+..�t•.• • ,� _.:_ �� "? 3' :�{{y� i:i+,'�.°j.* %i� a2�...:�, 'irtii .sr��`d.'�%flr�✓""__:'«'' �i..:��n.: .,: ':� .. ��, - t�:�_ ,��_�'" 3 ;.i �i.Y"v'' yN+.€t %i �• ;°i;�;r. 'x; ti`s _.ad�b�.tia�..• '::+. o..':^:;,:n� =-n;.i4e::•.">'l:.'.. -,L.�YY�i a-::.::':an;y,';::.a�:a M.=;:.: 1/19/2016 3 -6- 7 1/19/2016 Vero Beach Chamber of Commerce Vero Beach Economic Development Council Members Service Area - Cite of Vero Beach and Indian River Shores Cooperation Nkith City and Town Councils Invite Councils to appoint ex -officio liaison Vero Beach Chamber to appoint members from diverse segments of the Community A5. Vero Beach Chamber of Commerce Vero Beach Economic Development Council Objectives Create a forum to reNiew key issues impacting the vitality of the local business community Develop recommendations on behalf of and in the best interests of economic growth. Become a source for information to communicate City and Town business interests. Promote Vero Beach as a ver} business friendly city. 'Mmt7 ar T,X? ° .?; wzx....i .. '.T ... x y Y T, ��.:: ': ; �;-x%y>`.`e:. � 4'Fi.,��ygrgE• ej�� �`• i e qy. 7'k'"`v'c.�`,�,_ i�'�'`5.:=3� %•vi: �1�: 3�.., te.:'`s : °Sii i"�`:'•�'�'• ` ° +fy�gaitfi ; 4 �`:r,i_ "a: „""`Y.i"�a,„r" `t� •li.,t.: N�.i�Y1 =" '�t�":4"a„'.� �"°�,� '�SY :.�`'�&�� °..`r1. •<� Vero Beach Chamber of Commerce Vero Beach Economic Development Council Training and Education 1. Assist existing business %%fishing to grow 2. In Cooperation with Cite and Town assist N%ith ordinances, permitting and zoning 3. Point of contact for people seeking information about local businesses 4. Partner kith "Treasure Coast Score" to proN ide: workshops, mentoring 5. Pro-%lde temporary offices and support for new business prospects ;; `•-•'"'(' �`4Y'": id: 'la@".. .�,ee: :V,'•x:'..:.�: *:�. ry, "3:yeb ..,,py. i� x..02€���ia �:• • - �'.,..,'__-:-: fir• � .. , •,� i" � qF:. ;'a�'} 'k�- 'e.�"°a� � ': ,, _.,- ,y'�€':' ::; ;' : 3'.,;� �•. "�? xw, x'x"`3. 'i}:..�.�'. y't c .i`<� r : �','• is ^;;.:.:, ,.mak :,,,,r� '' , 5a Vero Beach Chamber of Commerce Vero Beach Economic Development Council Data Create data base for the local economy including: I. Unemployment 2. Tourism Statistics 3. New Business Licensing 4. New Construction 5. Real Estate Transactions ProNide Information to Local media and keep the public ad,,ised of opportunities and challenges as they occur WN . `dia,�§�� :i'S."y .`.-...-, "`:.'•�">�"'i:•�, \Y:'; zk��e':.': y °;: y it x .._ �;S1:ceeLei• .l.l.`'wRi iiye'. - �},.` ex L*� Y:. _ ,** .1`` „c- : the,;.. • 1' ' � T;t' :`C.. •'' ,'4qt,� �A''••;`; ''�n1�1 �ijye"`:`.;..v6F<n ..:'="a" :•'"���5^ :` i i.0. .a . �J;;::� �,... .,.:,....�' .;ate°; �•W<`. <Y"::: ":,i.��,,eli ttr` =,d :ti*.' .. - `i».4 �§�'F 5'a;, ,� r' ,�,,,' �'• ,�=''-�;,i` ,�ti�s,Y�=. °fit„': 1/19/2016 -3-6-9 Vero Beach Chamber of Commerce Vero Beach Economic Development Council Film Bureau One area where this has already begun to happen is the Vero Beach Film Bureau Vero Beach Chamber of Commerce #3 Brandin9 the Vero dame" Nobody in Ohio says " lets go to Indian River County" they say "let's Visit Vero". oN 11tin 1/19/2016 ,3-6-10 Vero Beach Chamber of Commerce FACTS: About County's Tourist Development Council 72% of tourist funds from hotels are from Vero/Shores but No funds are spent promoting Vero Beach specifically County denied Vero funds for emergency beach repair County has denied lifeguards for I.R. Shores Tourist Beaches Less than 40% spent of over %z million dollars annually spent on advertising Vero Beach Chamber of Commerce Events The Vero Beach Chamber of Commerce plans to build on our success Nina and Pinta Visit Vero Beach Veterans Parade Vero 4th of July Family Celebration Vero Beach Pirate Festival Vero Beach Christmas Boat Parade .€ :` to yy^' 1r vF:. ' 1/19/2016 -3-6— 11 Vero Beach Chamber of Commerce "The Vero Store" The Vero Beach Chamber has established The Vero Store 3 Vero Beach Chamber of Commerce°� 1/19/2016 3 -G- 12 "�Wem6ers (Partners" and Working with other organizations. Veterans Council Cultural Council r " Taxpayers Association Vero Beach Power Squadron Charitable Council a Main Street Vero Beach Vero Beach Lifeguard AssociationFLORIUA ;. City of Vero Beach -= MAIN STREET VERO BEACH Florida Film Commission4Z, El�a 1/19/2016 3 -G- 12 Vero Beach Chamber of Commerce "27inkNero First" Summary 1. Address unemployment and business challenges in a meaningful way. 2. Establish a Vero Beach Economic Development Council. 3. Promote events like The Vero Pirate Festival and Veterans Parade 4. Work with others to promote Vero Beach and "Think Vero First " Vero Beach Chamber of Commerce "Think Vero First" Questions? "S A:, Ww 4 -A;L tyM1 ` �... +;.$, z i,°-`:e'i° a fig°•;�8'N" 1/19/2016 3-6-13 January 19, 2016 ITEM 74 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: January 7, 2016 Subject: Letter of Opposition to All Aboard Florida from Penny Chandler to the Federal Railroad Administration From: Bob Solari, District 5, BCC Chairman Penny Chandler, President of the Indian River County Chamber of Commerce, drafted and submitted the attached letter enumerating the multiple concerns we have regarding All Aboard Florida and/or "Brightline." Attachments: 3 pgs 4 &9)SF Indian River County Chamber of Commerce December 21, 2015 Mr. Michael Johnsen Federal Railroad Administration 1200 New Jersey Avenue SE Room W38-311 Washington, DC 20590 Dear Mr. Johnsen: The Indian River County Chamber of Commerce represents about 900 individual businesses in Vero Beach, Sebastian, Wabasso, Winter Beach, Gifford and the unincorporated areas of Indian River County. As 2015 draws to a close, I am writing on behalf of our Chamber to let you know that we continue to oppose the All Aboard Florida, now being called "Brightline", project. We believe the proposed additional railroad tracks along with All Aboard Florida's high speed passenger trains will have many negative impacts on our community. The proposed All Aboard Florida passenger rail service will travel at 110 mph through the heart of our community 32 times a day. In addition to the current 8-10 freight trains each day, the 2014 DEIS reflects that by 2019 Florida East Coast Railway anticipates another 22 freight trains daily. And, those same new tracks will also allow that additional freight train traffic to travel at speeds of 70 mph through our community. A total passenger and freight number of over 60 trains a day will travel at speeds between 70-110 mph not through the countryside but through populated'downtowns, government, residential and business areas. We stand firm in our concerns for our public safety, our environment, and the well-being of the many historic and cultural structures which are located along the tracks As we monitor how the All Aboard Florida project appears to be moving along, we have these concerns and comments for you and your team: • Archeological sites- In addition to the historic and cultural structures along the existing tracks is the Old Vero Ice Age Site. The site was first discovered in 1913 and most recently was under archeological study by Mercyhurst University and now by Florida Atlantic University. From the Old Vero Ice Age site, ancient artifacts 12,000 to 14,000 years old have been discovered. This is an active, internationally significant archeological site. The railroad is within 50 yards of the excavation site. The Old Vero Ice Age Site extends to the west, east, along and CHAMBER OF COMMERCE 1216 21st Street - P.O. Box 2947 • Vero Beach, FL 32961 - Tel 772.567.3491 - Fax 772.778 3181 www.indianriverchamber.com • e-mail: info@indianHverchamber.com 5 under the FEC tracks. This archeological site has been found eligible as a national historic site. Safety- Our community has been waiting for the °90% Plan" for well over a year. Until our officials have that plan, we do not have the information we need to plan adequately for safety measures at the road crossings throughout the county. The project will bisect the City of Vero Beach, the City of Sebastian, the Gifford, Winter Beach, Wabasso, and Roseland Communities, and our medical and business services. Business- It is clear there will be significant negative impacts to the crossings themselves; delays in traffic due to crossing closures; and significant impacts to all our businesses and our public safety and emergency responders and their equipment. Employees, goods being transported, school buses, Senior Resource GoLine public bus schedules, and visitors traveling east and west in our community will all be heavily impacted. We believe the noise and vibration will result in increased difficulty to maintain and operate businesses efficiently and effectively at or within 500 feet of all crossings/intersections of the railway. The increased noise and vibration will be coupled with additional noises and vibrations from sounds emitted from the wayside horns. Financial- Whatever is determined for the safety installations at road crossing will ultimately have negative financial impacts on our community. While AAF reports they will cover the costs of some safety upgrades, it is our taxpayer dollars that will bear the long-term brunt of paying for crossing upgrades needed by this private business. Permits for optic cable- it is our understanding that the trenching for optic cable will be 1 foot wide and 5 feet -deep. The St. John River Water Management District (SJRWMD) has issued General Permit #144190-1. There are no assurances that the historical and cultural resources within the path of this cable installation will be protected or even identified before trenching begins. This trenching will be immediately adjacent to the Old Vero Ice Age Site and other culturally significant historic sites, among them the numerous sites of the old railway stations. Environmental- The impacts to our treasured environmental community will be great. Bridge replacements will include several canal bridges and the St. Sebastian River Bridge. The St. Sebastian River is a major tributary of the Indian River Lagoon which has for the last several years has been of the highest environmental concern to all the N -S corridor counties from Brevard through Martin County. Replacement of existing bridges will cause disruption and negative ecological impact to the Sebastian waterway, its unique habitat for fish species, manatee, and other wildlife that utilize both this waterway and the Indian River Lagoon. The SJRWMD Environmental Resource Permit#135214-2 is an active permit application that includes bridge replacements over the small waterways. Significant archaeological sites are found at both the Main Relief Canal (Vero Man) and the North Relief Canal (Gifford Bones). These resources must be accounted for in the assessment of this permit. Eco -Tourism- Our County's economy is deeply rooted in a thriving eco - heritage tourism industry. The Indian River Lagoon is a tourism generator G from activity on the Lagoon, itself, to the Indian River Lagoon National Scenic Byway According to Florida Atlantic University Harbor Branch, the Lagoon "stretches along 40% of Florida's east coast and yields an estimated $3.7 billion annual economic impact for the state." Bond sales- AAF was unable to secure funding through the private sale of $1.75 billion bond issue and now seeks a second extension for that sale. Very troubling. And, should they continue with the Railroad Rehabilitation and Improvement Funds, All Aboard Florida MUST comply with the National Environmental Protection Act (NEPA, the National Historic Preservation Act (NHPA), and the Federal Department of Transportation Act (FDTA). We urge the Federal Railroad Administration to be vigilant to the concerns of the Chamber, the Indian River County Train Impact Coalition, Indian River County government and the governments of the Cities of Sebastian and Vero Beach. We also request that a Record of Decision and any further considerations requested by All Aboard Florida be delayed until Indian River County is presented with a 90% plan and the critical concerns and questions raised have answers. Thank you for your consideration. AennydClerilo President cc: County Commissioners Joe Baird, County Administrator Jason Brown, Incoming County Administrator Office of the Indian River County Attorney City Councils Sebastian, Vero Beach Ruth Stanbridge, Indian River County Historian Chris Wilson, Advisory Council on Historic Preservation Tim Parsons, Compliance, DHR U.S. Dept. of the Army, Jacksonville District Corps of Engineers Governor Rick Scott Senator Bill Nelson Senator Marco Rubio Congressman Bill Posey INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: January 5, 2016 To: Joseph A. Baird, County Administrator Thru: Jason Brown, Budget Director Thru: Michael C. Zito, Assistant County Administrator From: Holden Kriss, Rangemaster Subject: New Fees for Indian River County Shooting Range Effective March 1, 2016 0 The Indian River County Shooting Range (Range) opened in April of 2001. Since entering into the Concessionaire Contract with the Florida Fish and Wildlife Conservation Commission (FWCC) for the operation of the Range (soon to be 15 years), there has only been one increase in fees, which occurred in August 2008. Given passage of time since last increase, clearly it is time to consider an increase to the current rates structure to allow recapture of some of the increased costs in management and operation of the shooting range. The following tables below show the change in rates from current to new: Table 1 Pistol & Rifle Range (Adults) Table 2 Pistol & Rifle Range (Juniors) Base Base Environ. 0 7es Total Fee Fee Fee $.21 Charge ax Juniors Current $6.25 Tax $.51 Current $8.25 $1.00 $.65 $ 9.90 New 1 $9.75 1 $1.00 $.75 1 $11.50 Table 2 Pistol & Rifle Range (Juniors) Base Environ. % Total Fee Fee Sales Sal ,I e Charge $.21 $2.21 ax Juniors Current $6.25 $1.00 $.51 $7.76 New $7.75 1 $1.00 $.61 1 $9.36 The sale of sporting clays has been somewhat limited with personnel limitations. Currently, the base fee is $26.00 per 100 targets. The new base fee is $30.00 per 100 or $.30 per clay target. Table 3 Shotgun - 5 -Stand Base Environ. % Total Fee Fee Sales Charge $.21 $2.21 Tax Juniors Current $6.75 $.50 $.51 $7.76 New $7.50 1 $.50 $.56 $8.56 Table 4 (no changes in fees) Air gun & Archery F -\Assistant County Administrator\AGENDA ITEMS\2016\13CC 01 JANUARY 2016\13CC Memo - Shooting Range Fees BCC Informational Item Verl.doc 8 COURSE CURRE NT FEE 7% SALES TAX TOTAL FEE Air un Adults $2.00 $.21 $2.21 Air un Juniors $1.00 $.14 $1:14 Archery Adults $2.00 $.21 $2.21 Archery Juniors $1.00 $.14 $1.14 Archery Course Adults $4.00 $.35 $4.35 ArcheryCourse Jr. $2.00 $.21 $2.21 F -\Assistant County Administrator\AGENDA ITEMS\2016\13CC 01 JANUARY 2016\13CC Memo - Shooting Range Fees BCC Informational Item Verl.doc 8 Page two Summary: • Rifle and Pistol Range base fees for adults increased from $8.25 to $9.75: • Rifle and Pistol Range base fees for juniors increased from $6.25 to $7.75. • 5 -stand charges increased from the base fee of $5.50 per 25 rounds to base fee of .30 per clay target • Sporting Clays base fees increase to $30.00 (per 100 clays) or $ .30 per clay target. Indian River Trap and Skeet Club charges .44 (cash) per clay target and .48 (credit card). • Air gun and Archery - no change in fees they remain the same. ATTACHMENT: "Notice" of New Prices Effective March 1, 2016 Florida Fish and Wildlife Conservation Commission approved Fee Schedule (Exhibit B) DISBURSEMENT: William R. Cline, FFWCC, Tallahassee, FL Approved Agenda `Item BYq. - 1 .1 &Lkj-d J A. Baird County Administrator FOR: January 1% 2016 Indian River County Approved Date Administration County Attorney Budget Department �G 6 g 6Ile Risk Management F•1Assistant County Administrator\AGENDA ITEMS\2016�13CC 01 JANUARY 2016\13CC Memo - Shooting Range Fees BCC Informational Item Verl doc 9 Amendment to Fee Schedule in Exhibit R To Contract Number 00252, the Concessionaire Contract For Florida Fish and Wildlife Conservation Commission Indian River County Public Shooting Range Target Range (Rifle & Pistol Ranges) • Adults* • Juniors*(17 and under) • Adults* 200 Yard Rang • Juniors*(17 and under) Proposed Fees (2008) Received an JUN 0.3 2008 Hunter Safety Sectlon Tallahassee Maximum Charge Exclusive of Environmental Fee & Sales Tax $11.00 per person / maximum 3 hours $ 9.00 per person / maximum 3 hours Range $1 1 OD per person / maximum 1 5 hours $11 OD per person / maximum 1.5 hours Shotgun Maximum Charge Exclusive of Environmental Fee & Sales Tax 5 -Stand Sporting Clays* $1100 per round of 25 Targets Sporting Clays Course* $34.00 per round of 100 Targets Non -Profit Sporting Clays Tournament* * * $30.00 per round of 100 Targets Archery Maximum Charge Exclusive of Sales Tax • Adults $4.00 per person / maximum 2 hours • Juniors (17 and under) $2 50 per person / maximum 2 hours • Archery Course (adults) $6.00 per person — once through • Archery Course Ouniors) $4.00 per person — once through Rentals (per availability) ** Rifle& Pistol Ranges • Without Lights • Without Lights • With Lights Law Enforcement Agencies • Without Lights • Without Lights • With Lights Annual Contract (Law Enforce.) • Without Lights • Without Lights • With Lights Shotgun Rental • 5 — Stand Rental Maximum Charge Exclusive of Environmental Fee & Sales Tax $200.00 per 4 hours $300.00 per 8 hours $250.00 per 4 hours Maximum Charge Exclusive of Environmental Fee $175.00 per 4 hours $275.00 per 8 hours $250.00 per 4 hours Maximum Charge Exclusive of Environmental Fee $150.00 per 4 hours $250.00 per 8 hours $250.00 per 4 hours Maximum Charge Exclusive of Environmental Fee & Sales Tax $50.00 per hour Annual Membership Fee Maximum Charge Exclusive of Environmental Fee & Sales Tax for Pistol & Rifle Range • Without Light (Day Light Only) $500.00 *Environmental Fee (lead remediation charges) will be charged in addition to the rate for each shooter **Tournament fees will be negotiated through the Range Master 'jAVf� n.•.� 1 (; Osrph A aird, County Administrator' W liam R. Cline, Section Leader FFWCC 10 Notice Indian River County Public Shooting Range New Prices Effective March 1, 2016 Rifle and Pistol Adult -$9.75 + * $1.00 + tax = $11.50 per day Junior - $7.75 + *$1.00 + tax = $ 9.36 per day Shot un 5 -Stand - $7.50 + *$.50 + tax = $8.56 per round (25 clays) Sporting Clays - $30.00 + *$2.00 + tax = $ 34.10 (100 clays) Air un Airgun Adult - $3.00 + tax = $3.21 Airgun Junior - $2.00 + tax = $2.14 Archery Airgun Adult - $3.00 + tax = $3.21 Airgun Junior - $2.00 + tax = $2.14 Archery Course Adult - $5.00 + tax = $5.35 Junior - $3.00 + tax = $3.21 Juniors are Age 10-17 *Environmental Fees (Separate) Rifle & Pistol $1.00 per day Shotgun $ .50 per 25 clays 11 This is to certify that Efiza6eth Peters is hereby presented this Tstirement Award for outstanarirr9 Performance and faithfu(servire to Indian 14ver County Board of County Commissioners For ten years of service On this 29th clay of January 2016 'Gincent Bur( Director of V tifity Semites 7L� Bo6 Solari. Board of County Commissioner, Chairman PROCLAMATION HONORING ELIZABETH PETERS ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS UTILITIES DEPARTMENT/CUSTOMER SERVICE DIVISION WHEREAS, Elizabeth Peters retired from Indian River County Customer Service Division effective January 29, 2016; and WHEREAS, Elizabeth Peters began her career with Indian River County as a Customer Service -Representative on January 9, 2006. Due to her diligence and excellent quality of her work, she was promoted to Senior Account Clerk on November 17, 2006. She continued in that capacity until her retirement; and WHEREAS, Elizabeth Peters has served this County and the Public with distinction and selflessness. During her ten years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Elizabeth Peters' efforts on behalf of the ;County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River Countyfor the last ten years, and - BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 19th day of January 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: January 7, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 31, 2015 to January 7, 2016 comp" �0, In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of December 31, 2015 to January 7, 2016. Attachment: 14 CHECKS WR] TTEN TRANS NBR DATE VENDOR 334672 01/04/2016 RIVER PARK ASSOCIATES AMOUNT 334673 01/04/2016 CREATIVE CHOICE HOMES XVI LTD 1.30000 334674 01/04/2016 VERO CLUB PARTNERS LTD 1.61600 81600 334675 01/04/2016 THE PALMS AT VERO BEACH 334676 01/04/2016 PELICAN ISLES LP 489 00 334677 01!04/2016 SUNCOAST REALTY & RENTAL MGMT LLC 73600 265 00 334678 01!04.2016 SONRISE VILLAS LTD 334679 01'041/2016 INDIAN RIVER RDA LP 5,0700 334680 01/04/2016 RICHARD L DAVENPORT 233 00 442 00 334681 01/04/2016 LIVE OAK VILLAS LTD 550 00 334682 01/04/2016 SARAH SPANN 334683 01/04/2016 MADISON CAY LTD 811 0(1 334684 01/04/2016 FOUNDATION FOR AFFORDABLE RENTAL HOUSING 441 00 736 00 334685 01 /04/2416 GCA PROPERTIES LLC 334686 01/04/2016 ORANGE COUNTY HOUSING & C D 46400 628 75 334687 01/04/2016 ALL FLORIDA REALTY SERVICES INC 2.948 00 334688 01/04/2016 VERO BEACH EDGEWOOD PLACE (305-113) 717 00 334689 01/04/2016 GRACES LANDING LTD 8.453 00 334690 01/04/2016 MICHAEL JACKOWSKI 49600 334691 01/04/2016 PAUL JULIN 334692 01/04/2016 TERRY A LAWRENCE 36900 334693 01/04/2016 LINDSEY GARDENS LTD 39 00 4.928 00 334694 01/04;2016 BRYAN D BLAIS 761 00 334695 01/04/2016 RIVER PARK ASSOCIATES 16.018 00 334696 01/04;2016 RICHARD C THERIEN 49300 334697 01/04/2016 CREATIVE CHOICE HOMES XVI LTD 8.744 00 334698 01/04/2016 DAVID YORK 334699 01/04/2016 ST FRANCIS MANOR OF VERO BEACH 502 00 39900 334700 01/04/2016 CITY OF VERO BEACH 14700 334701 01/04/2016 TREASURE COAST HOMELESS SERVICES 2.415 00 334702 01/04/2016 FLORIDA POWER AND LIGHT 7700 33470_ 01/04/2016 VENETIAN APARTMENTS OF VERO BEACH 864 00 334704 01/04/2016 HERMOSA PROPERTIES LLC ?9,100 334705 01/04/2016 PINNACLE GROVE LTD 6.695 00 334706 01/04/2016 VERO CLUB PARTNERS LTD 18.715 00 334707 01/04/20)6 INDIAN RIVER COUNTY HOUSING AUTHORITY 173 00 334708 01/04/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 18200 334709 01/04/2016 CRAIG MERRILL 1.102 00 334710 01;04/2016 CHRISTINE SALTER 484 00 334711 01/04/2016 HAGGERTY FAMILY LTD 29900 3 34 712 01/042016 THE PALMS AT VERO BEACH 12.625 00 334713 01/04/2016 FELLSMERE COMM ENRICHMENT PROGRAM INC 93 00 334714 01/04/2016 DAVID CONDON 628 00 334715 01!04/2016 HILARY MCIVOR 342 00 334116 01/04!2016 PAULA LANE 451 00 334717 01/04/2016 .JOHN A CAPPELLO 48400 334718 01/04'2016 PELICAN ISLES LP 5.825 00 334719 01104/2016 KATE TYSON LYONS 315 00 334720 01/04,'2016 SUNCOAST REALTY & RENTAL MGMT LLC 7.2 5 1 00 334721 01/04/2016 OAK RIVER PROPERTIES INC 597 00 334722 01/04/2016 SOLARISE VILLAS LTD 1.98600 334723 01 /042016 ADINA GOLDMAN 51800 334724 01/04/2016 INDIAN RIVER RDA LP 3.538 00 334725 01 /04/2016 MAURICE W BROWN 430 00 334726 01/04/2016 GEORGE THUYNS 68200 334 727 01'04!2016 LAZY J LLC 1.725 00 334728 01/04!2016 SYLVI.A MCNEILL 635 00 334729 01'04/2016 SKOKIE HOLDINGS INC 750 00 334783 01/07;2(116 EGP INC - - t 14548 334784 01/07'2016 VERO INDUSTRLA.L SUPPLY INC 397 11 334785 01/07/2016 CARTER ASSOCIATES INC 3 91000 334786 01/07%2016 DELL 1`4.ARKETING LP 1233,37 334787 01/07!2016 KETCHUM MANUFACTURING CO INC 1.489 10 334788 01/07,•'2016 GOODYEARAUTO SERVICE CENTER 76640 334789 01/07%2016 BRANDTS APPLIANCE SERVICE INC 235 11 15 16 O I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, IC ; Community Development Director FROM: John W. McCoy, AICP Chief, Current Development DATE: January 8, 2016 SUBJECT: Mt. Zion Missionary Baptist Church and Hutton Team LLC's Request for Final Plat Approval for a Subdivision to be known as Gifford PD [2005080302-74581 / PD -14-10-131 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2016. DESCRIPTION AND CONDITIONS: The Gifford PD is a 3.32 acre mixed use planned development project consisting of 2 lots. The subdivision is located at the southeast corner of 45h Street and 43rd Avenue. The property is zoned PDMXD (Planned Development Mixed Use District) and has an M-2 (Medium Density 2 - up to 10 units/acre) land use designation. On November 13, 2014, the Planning & Zoning Commission granted preliminary PD plan/plat approval for the Gifford PD development. The Gifford PD is a mixed use PD development approved by the Board of County Commissioners at its regular meeting of June 10, 2014 as a conceptual PD plan and rezoning. The conceptual PD Plan is comprised of a Family Dollar store and multi -family use allowing for up to 33 multi -family residential units. The intent of the plat is to provide a lot for the Family Dollar store (Lot 1), a lot for future multi -family development (Lot 2), and for common areas containing shared improvements such as an entrance road, utilities, and stormwater for both lots. The Family Dollar is currently under construction and should be ready for occupancy in February 2016. Mt. Zion Missionary Baptist Church and the Hutton Team LLC are now requesting final plat approval and have submitted the following: 1. A final plat in conformance with the approved preliminary PD plan/plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements, with an executed cash deposit and escrow agreement, and $71,905.88 in the form of a check. The Board is now to consider granting final plat approval for Gifford PD. FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\GiffordPD(PD-14-10-13).doc 1 21 ANALYSIS: Most but not all, of the required Gifford PD subdivision improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining required improvements (landscaping and buffer wall). Public Works and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, with represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. It should be noted that all improvements within the Gifford PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the paving and stormwater improvements, prior to issuance of a certificate of completion. Legal provisions for utilities, drainage, and access are being handled through a combination of public utility easements and private reciprocal easements. County staff, including the County Attorney's Office, has reviewed and approved the final plat format and determined that all applicable final plat requirements are satisfied. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Gifford PD. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Graphic 4. Contract for Construction and Cash Deposit and Escrow Agreement APPROVED AGENDA ITEM: FOR:. January 19, 20116 BY 4. AaAj, Indian River Co, Approved Date Admin. Legal Budget Dept. 13 Risk Mgr. FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\GiffordPD(PD-14-10-13).doc 2 22 FINAL PLAT APPLICATION PROJECT NAME PRINT)Family Dollar Gifford :-- NOTE. THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THIS r� .,gt (SUCH AS "WOODY BIG TREE SUBDIVISION''). CORRESPONDING PRELINHNARY PLAT PROJECT NAME AND PLAN NUMBER: Family Dollar Gifford PD- /1/-/0.- /3 Project # 2005080302 4 S g/ ` PROPERTY OWNER. (PLEASE PRINT) AGENT (PLEASE PRINT) Mt Zion Missionary Baptist Church, T Church of Vero Beach ck-& W,46, F�ic �14 e.k}sur,� NAME NAME P.O. Box 2787 ;986-Gheffy-" $ Y 1 C- ADDRESS ADDRESS Vero Beach, FL 32961 Chadamoogil, IN 3Z4011A� 4 F x'362 y CITY, STATE, ZIP CITY, STATE, ZIP "42510" t3 ► - tt 8 �- 6 0 �! o PHONE NUMBER PHONE NUMBER EMAIL ADDRESSturver, Cs« EMAIL ADDRESS CONTACT PERSON CONTACT PERSON SIGNATURE OF OWNER OR AGENT PROJECT ENGINEER (PLEASE PRINT) PROJECT SURVEYOR: (PLEASE PRIM) Campo Engineering, Inc. EBI Surveying NAME NAME 1725 East 5th Avenue 8415 Sunstate Street ADDRESS ADDRESS Tampa, FL 33605 Tampa, FL 33634 CITY, STATE, ZIP CITY, STATE, ZIP 813-215-7372 813-886-6080 PHONE NUMBER(s) PHONE NUMBER(s) matthew@campoengineering.com ewb@ebisurvey.00m EMAIL ADDRESS EMAIL, ADDRESS Matthew D. Campo, P.E. Eric Blackburn CONTACT PERSON CONTACT PERSON I801 27t° Street, Vero Boub FL 32960 FACommunity DaveiopmrnflUsersXCurDcYVppiicatkm&\PbWPlatApplicationdac Revised January 2011 I of 3 ATTACHMENT I ' 23 SITE PARCEL TAX ID#'S: 32392700009004000001.1 COUNTY LAND DEVELOPMENT PERMIT (LDP) #: DATE LDP ISSUED: ZONING: PD FLUE: M-2 TOTAL (GROSS) ACRES: 3.32 AC TOTAL NUMBER OF LOTS: 2 AREA OF DEVELOPMENT (NE1) ACREAGE: 1.28 AC DENSITY (UNIT'S PER ACRE): **PLEASE COMPLETE SUBMISSION CHECKLIST** NOTE. "N/A" should be marked in the "YES" column if "Not Applicable" MATERIAL YES NO 1. Fee - $1400.00 (checks payable to Indian River County) x 2. Completed Final Plat Application Form X 3. Ten (10) Copies of the Final Plat (Must be signed and sealed by surveyor) X 4. Lotter of Authorization (if applicant is not owner) X 5. Letter from developer providing timeline for achieving the 75% completion threshold for the overall subdivision improvement X 6. ONE OF THE FOLLOWING SETS OF REQUIRED IMPROVEMENT DOCUMENTS: CONSTRUCTION COMPLETE - BUILD OUT: (a) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. N/A IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (b) Original Engineer's Certified Cost for Improvements(signed and sealed) NIA Failure to provide information on which option is being selected may result in a delay in processing the application. 1801 27d' Street, Vero Beach FL 32960 F:Kkmmunity Developrmnt\Uwm\CurDevMpplicationaNFinalPlatApplicapon.doe Revised January 2011 2 of 3 ATTACHMENT 1 24 CONSTRUCTION INCOMPLETE - BOND OUT: (a) Original Engineer's Certified Cost Estimate for Improvements (signed and sealed, note items to be completed or percent completed at 75% threshold for overall subdivision). X (b) Statement that improvements are nearing completion and a N/A certificate of completion will be obtain prior to final plat approval 7. Copies of Documents to be recorded with the f W plat: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None X b. Property Owner's Association Articles of Incorporation or statement indicating why recording of POA is NOT required. X 180127"' Street, Vero Beach FL 32960 Fx9mmimity DevelopmenflUssrs\Curpov\Applications\FtnaEPWA licwion,doc R"iscd January 2011 3 of 3 AYTACHMEW 1 25 IG N IG I IL I IL kA-,ERAL-A:;.p IG IG CH"�� c c`h Re N CYPRESS GREEN LN IG00mo n.ns1 0 3230280000 100 100000 1.0 S CYPRESS GREEN LN 44TH A4NR `-RSM-10 1I RM -10 ,,__44TH LN, cr D � to � Y 45TH LN 1^_ e s R -6 4 3 R 8 3 10 11 U 3 z RS -6 o r RS -6 RM -10 45TH PL RTIN LUTHER KING BLVO) _ 45th Street CH"�� c c`h Re N CYPRESS GREEN LN IG00mo n.ns1 0 3230280000 100 100000 1.0 S CYPRESS GREEN LN 44TH A4NR `-RSM-10 1I RM -10 ,,__44TH LN, ow GIFFORD P.D. A REPLAT OF A PORTION OF TRACT 4 OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 39 EAST, OF THE PLAT OF INDIAN RIVER FARMS COMPANY, AS FILED IN ST LUCIE COUNTY, FLORIDA IN PLAT BOOK 2, PAGE 25. SAID LANDS NOW LYING AND BEING SITUATE IN INDIAN RIVER COUNTY, FLORIDA POINT OF COMMENCEMENT NW CORNER OF SECTION 27 """S"" 32S. RANGE 39C. CERTIFIED CORNER RECORD /097220 FOUND ]- ALUXIINIIM DISK 1215025..1 E. 8+0770.37 I I Fw•�( .,Lr �]L':.� 'III.':: POINT OFA= / w�BEO1NNINC � JJ wst L a IL � IHC vCl RAN,. i. L. IUAN� A !V RAN,. r.l I yF BENCHMARKS CONTROL BENCHMARK k ON-SITE TBM IF: STATION IS A PK NAIL AND DISK IN A SANDBAG HEADWALL OVER THE CENTERUNE OF 42' RCP AT THE SOUTHEAST CORNER OF 43RD AVENUE AND 45TH STREET (INDIAN RIVER COUNTY BENCHMARK /BM067005) ELEVATION: 22,40' (NATIONAL GEOOETIC VERTICAL DATUM 1988) TEM /2: STATION IS A BOX CUTIN THE BACK OF THE CONCRETE SIDEWALK ON THE EAST SIDE OF 43RD AVENUE APPROXIMATELY 300 FEET SOUTH OF THE INTERSECTION OF 43RD AVENUE AND 45TH STREET. ELEVATION: 22.98'(NATICNAL GEODETIC VERTICAL DATUM 1988) 45THSTREET Rn �RI.lu-AL LIxL •• ] clMr I]nn. (95' PUBLIC R/W) 1slIuD' .1— naw N.. 1711 — — Ni NCHMA K i — _ — — _ — — NON 1n LINT C, 7 - - - ON-SITE rBu #t wC UNE LENGTH BEARING lnL nwvlrsl .// yi�1 X17] 4 t tCRALD -TRACT "Yt^ x-� c•N.I- I IXirin lsiwl �i la wAxa fix. N 1214969.72 1-a-w.Y NARCIL N89'35'20 -E a CANAL N/w�565.00, WEST 1/4 CORNER OF SECTION 71 E 841370.79 10018 ACS 1) R 114 343.40' '---- 1014[. � 'r I I' w.•.. :DDD LxL I Iii }P CN IIIILIAI.1— 1DwL faaw PA. oae x r G Nwl 1N 17 ILLI -RCD ACCESS CAEC_ Im/ 1 NxN arnpu Nccwos.�"�-�� _y ]J p 1NA<i aur srcua v. CDR 784e, A. IDDY tLIB Y w s�iN la7 �.AA] n. IA. _ 121 rl IN4AxUNINLN Cplvl v, fLw10• IA!I ULNI�I �$ 1 auA N1Ur vLGB "1 IaoLOT1 ] ao Oo'Ler.�hl DUNE, LOT 7 I EASY SSS ITO OF i r ACRES 111 MC w[SI NOD FELE 1 a -F I a SEcl- IMMNURANR ]e CSI'I� I y sroxM .AnN PrwD� K c T IL«ILIA 1 1 eL. PrN Dilio�L x[CLRu: I I I Dw' . 7n m• now an . NAu ooa i� i 1 it ♦ [AYurvi 1 i I 1 I I - _I� � P aS ro' LBI I u N --]5�--13 Q]' Iq I I (•)OTICE. F/ I I LII 221.60' .__________ 2E) _______ -1 343.10' I I) NO CONSTRUCTION, TNEES OR SHRUBS WILL BE PLACED IN N 1211709.55 589'35'20'W 56500' E ASE]AEWS VA TROUT COUNT. APPROVAL E 810807.89 I Nul nttwtD AAN1 p rx•[Y .. SCllw 77, (/IV'F. T,1BLE INDIAN RHR —1 NACAR 1R [ASI 2) ROUTINL MAINTENANCE (e.q. MOWING, ETC.) Or EASEMENT,", uI I I�vl]Hl,%',/I CIXINIv, ILwIu• LINE LENGTH BEARING 1 NI'11. Ni, " I npm ii. NxuL4 rl"l L12 N00'2/'J8'W SHALL T THF. Hf IVER OUIY OF YIIC lUl/PROPf'Riv ONNER(S) T M R•I a uI N 1ARu., crurANr L1J AND NOT INDIAN RIVER CWNIf. ..__.� J) PROPERTY OW TP' ARE PROHIBITED FROM PLANTING ANY CARIBBEAN FRUIT FLY AND ASIAN CITRUS PSYELID (CITRUS GREENING) HOST PLANTS AS SPECIrIED HEREIN AND ARE REOUIRCD TO REMOVE THE SAME IF ANY EXISTS WILEY GUAVA, COMMGN GUAVA• LOOUAI• ROSE APPLE, SURINAM CHERRY, ORANGE JASMINE. AND CHINESE BOX ORANGE .) THIS PLAT. AS RECORDED IN 115 GRAPHIC FORM, IS THE OFf1 CIAL UEPICTION OF THE SUDDIWUEU LANDS DCSCRIDED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY ONIER GRAPHIC OR DIGIIAI IORM Or THE PLAT 5) THERE MAY Of. ADEN IONAL RESTRICTIONS THAT ARENOT RE CortDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS Of THIS COUNTY. 6) LOT I AND LOT 2 ARE SUB.CCT TO THAI RECIPROCAL EASEMENT AGREEMLNI WHIT COVENANTS. CONDITIONS AND RESTRICTIONS RECORDED IN BOOK 2644, PAGE IW5. OFFICIAI RECORDS 01 INDIAN RIVER COUNTY (LORIDA, 1214713.61 841372.67 PREPARED BY. 1rrFREY L KOHLER FORC61 SURVEYING PRE PARAl10N DATE. 10/20/14 LEGEND AWPU3A 01 D IDENTIFICATION IH LICENSEE) BUSINESS NIIMBI'k l'S LICLNSEU SURVEYOR OR OF/ICMI. RECORDS NIS NOT TO .`.CAI[ PES PROFESSIONAL LAND SURVEYOR PRM PERMANENT REFERENCE uONUIENT DEPT. UPC. ORMNAGL, UIILIIY AND PED(STRUN UASEUFW LB. E. LANDSCAPE BUFFFR LASEMLNI R/W RIGHI-OF-WAY I R F,W,C D INDIAN RIVER rARMS WATER CONTROL DISIRICT SET �YMBD .,E1 4'x4' COF Q)MONUMENT IH11 767fi1,O'l (PRM) rOUNU < x4- ■ CONCRETE .ONUMEN I (PRM) POUND ]MOL AND LNSR (PRM) (ALIFRNATE MONUMCNTATION) S[T IRON ROD AND CAP LB 765:' PROPERTY LINE -- - - - -- IX TROD LINE SECIIUN LINE -- -- - RIMIT-OF-WAY LINE / 1./NF. TABLE UNE LENGTH BEARING LI WEST 1/4 CORNER OF SECTION 71 L2 N ' I TOWNSHIP 325, RANCE 39C. L] 40.00 ma9'35'20'E CERNrICD CORNER RECORD #087048 L4 4 /FOU 0 NAIL AND DISK - NO IDENTIFICATION / N1212]58 22 C. 84075561 LB 46,78' NOO*25*13'W CI/NI'h.'TABLE L7 W LB 4'47' CURVEN RADIUS D EARINC CHORD LENGTH N A ANGLELSI 'I 'W CI 15.71 10.00 N4435'22'E 11.14' 90-00'00' L10 '47'W C2 1 1371' S45-24 38-E 1 4.14 90V0'W LI1 N89'J' 1214713.61 841372.67 PREPARED BY. 1rrFREY L KOHLER FORC61 SURVEYING PRE PARAl10N DATE. 10/20/14 LEGEND AWPU3A 01 D IDENTIFICATION IH LICENSEE) BUSINESS NIIMBI'k l'S LICLNSEU SURVEYOR OR OF/ICMI. RECORDS NIS NOT TO .`.CAI[ PES PROFESSIONAL LAND SURVEYOR PRM PERMANENT REFERENCE uONUIENT DEPT. UPC. ORMNAGL, UIILIIY AND PED(STRUN UASEUFW LB. E. LANDSCAPE BUFFFR LASEMLNI R/W RIGHI-OF-WAY I R F,W,C D INDIAN RIVER rARMS WATER CONTROL DISIRICT SET �YMBD .,E1 4'x4' COF Q)MONUMENT IH11 767fi1,O'l (PRM) rOUNU < x4- ■ CONCRETE .ONUMEN I (PRM) POUND ]MOL AND LNSR (PRM) (ALIFRNATE MONUMCNTATION) S[T IRON ROD AND CAP LB 765:' PROPERTY LINE -- - - - -- IX TROD LINE SECIIUN LINE -- -- - RIMIT-OF-WAY LINE / Gifford PD CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS N.O. PDA 4-10-13 (200500302=74581) THIS CONTRACT, made and entered into this day of January, 2016 by and between HUTTON TEAM; LLC, a Delaware limited liability company authorized to do business in the State of Florida, one of the owners of the property being platted as Gifford PD, 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 is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed, and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Gifford PD; and. WHEREAS,. the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED,.the parties agree as follows: 1. Developer agrees to construct on or before January 19., 2017, in a good and workmanlike manner, those improvements described as follows: See,.Exhibit:"A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County; Florida upon the final approval of the Board of ,County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with 'the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning ATTACHMENT 4 28 and Development. Division, and all County development: regulations and standards, including conditions and requirements of any applicable County right-of-way permit; all of which are hereby incorporatedby reference and made .a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an executed cash deposit and escrow agreement; in a form to be approved by the County, between. Developer and the Indian River County Office of Management and Budget, .as the escrow agent, 'in the amount of $71,905.88, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of :improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course. of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, 'or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on. the plat at the time of plat recordation: However, nothing herein .shall :be construed as creating an obligation upon the County .to perform any act of construction or maintenance within such dedicated, areas until such time .as the "required improvements are satisfactorily completed. Developer shall remain responsible .for utility meter. boxes, sewer clean outs, and drainage. per inverts, to be in good repair, accessible, correctly plumbed, and not .covered with topsoil, concrete or impervious material for the 1 -year maintenance period .commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall: be provided by Developer to any subsequent builder/homeowner. Satisfactory:completion 'in accordance with the land development permit, Plans, specifications, and or requirementsof 'Indian River County shall be determined by the County and shall be indicated by specific .written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage 2 29 improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under •this Contract for Construction of Required Improvements will not. be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place.. 6. In the event the: Developer shall fail or, neglect to fulfill its Obligations under this contract and as required ,by the Indian River County Code, the Developer; as principal, and the funds in escrow deposit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty .to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attomey's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of. Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. 7. The parties agree that the County at its option shall have the right, but not the obligation; to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash deposit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer .hereby gives permission to County, County's contractors and subcontractors to go on its. property, known as proposed Gifford PD,. for purposes of completing the required improvements. If any -portion of the property .is sold by Developer, Developer acknowledges that the granting of this permission will be ;preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any cash deposit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the Lite and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to .benefit or :secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any !of purchaser(s), unless the County shall agreeotherwise in writing. 9. This agi*eement 'is the full andcomplete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This .agreement shall not be assigned without the express written approval of 3 30 the -County. Any amendment, deletion, modification, extension, or revision hereof or .hereto shall ,be in writing, executed by authori2ed representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: HUTTON TEAM, LLC, a Delaware limited liability company authorized to do business S n the State :of Florida By Pj4e- * — printed r ame:_T M-'. -S � , E� �io title: 1/ I Q, DEVELOPER Ooseph/A. Baird County Administrator COUNTY Authority: Resolution No. 2005-121 projected BCC plat approval date: 1/19/16 APPROVED :AS TO FORM � .. S r1=! . I 8Y - DL*uTY C0UM YfirrG7EMY 3-1 Campo Engineering, Inc. 1725 Easf..Sth.Avenue Tampa FL�33605 Cost Estimate for Family Dollar Gifford - for Construction Security Wthin L'nmmnn A— 2 CL .J ° ,�1l�/�ttff-'6FffMyEME--a-Ml. ••�.. ... v, -v r J,aJ.vV II IJIOJII Dc�l+=y.yLT� r� an YMLYI tS U x '.hlt 7ATn'0 JJ►uGF.�I�V r _ ' li'7/41eG ' ' �7:T y��{ g Erosion Control 81: Demolition Mobilization Erosion Control 1 L.S. $2,500.00 $2,500:00. Amount To Be. Bonded 1' L.S. _$2,000.00 $2;000.00 $4 500:00 As` halt Pavementand Gradin AsphaltPaveriient 12" St6biliied Sub rade 700 1 S:Y:. $13.00. I $9,100:00 Base.Course 700 S.Y• _ $7:00 $4 -goo- 0 StriDin& & Sionane 700 I S.Y. _ $13:00 $9,100.00 EXHIBIT A° of 32 Campo Engineering, Inc. 1725 East � 5th Avenue Tampa FL 33605 Landicapih6, Irtig'allon & Buffos Live Oaks -4' Callor 8 EA $180.00 $1,440.00. LIgustrum'Tree 1.5' Caliper 3' EA $125.00 $375.00 Raid, Cypress:4."Cali per .22. EA $170.00---- $3-iNOM SouttiemMaignolle 2": Calper 10 EA $135.00. $1,350.00' East Palatka -Holldy 1.5- Cali pep 8 EA $125.00 $1.,000.00 Sweet Vibui-hUrn 0' FfT 104 EA $7.00 $7,28.00. WWWs,VIbumvm,,36" HT 85 EA $6..00 $510:00 Fak"chee: Gress 36",FrT 42 EA. $6.00 $252:0.0 WafWs Viburnum 36" HT 87 :EA $8,.00 .$696.00 Bahia -Sod 14500 SF :$025_... .$3,625.00 AsMc.JasmIne.335 SF .$1:00: $335.00. D*aff Flrd Bush .58 .-EA $4.00 .-.:$232;'00 irrigshoh i LS $2,000.00 -$2,000.-00: ,8! Tat -Screen WWI' '175 LF $100.00. ..!$1;500.00 SUBIDT-ALlandscaping, Irrigstlon & Buffers $33,783.00 Percent U Be:Bonded. (100%)_ .$33'783.0.0z Eh§lrveerinq..& -Surveying Engmeati ng'Desi- gn Si4rylces LS $8,200M $8 20.0.00 Engineering Inspections &-CeMflcaU6ng LS :$1,500.00, $1,50D.00 SuN"'n§,- Design LS $1,200.00 $1,200;00 Surveying'Stake'OtA I LS $1,000.00. $11:000.00. LS $1-,200-.00 $1,200.00 Ath6dht To Be Bonded $13,100.00 TOTAL $57,524.70 BOND TOTAL $71;905.88 MOMES 1- UrAsr-CbstsIncludeLabor Bond Total = 125% bf 'thtal Cost Estimate -of Work not Com pletedl6r CbnstfuctiomSecu* ,4.-Assurtied PaVdmeht and Stornriviater'at 90%*, Ldfidscaoingjniigatlon, Buffer Wan at 0% 13= QuantiUas bas6d vffiof common area.ofimprovements 11872016' Dafe 2 of 2 -j.33 Gifford PD CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this day of January; 2016, by and between HUTTON TEAM, LLC, a Delaware limited liability company authorized to do business in the State of Florida, one of the owners of the property being .platted .as Gifford PD (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer is effecting development of land within Indian River County and is required to provide security supporting: a contract with the County for the construction of certain required improvements related thereto; NOW, THEREFORE, in consideration of the agreements,- promises, and covenants set forth herein, and other good and valuable considerations, .the parties hereto. agree as follows -- 1.. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Seventy -One Thousand Nine Hundred :Five and 88/100 Dollars ($71,905.88), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set. forth in the aforementioned Contract for Construction of Required Improvements, which agreement' is attached hereto and incorporated herein by reference (Contract), 2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The. request shall specify :the amount of disbursement desired and shall be accompanied by a sealed ,certificate from Developer's engineer describing the work completed, the actual .cost thereof, and that -the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction. 3. Disbursement shall occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code. 4. Within seven (7) working days after receipt of a disbursement request; the Public Works Director shall cause an inspection of the work.forwhich payment is sought. `If the Public Works Director is satisfied in all respects: with the work, the accompanying cost estimates and certifications, the Public Works Director -shall deliver a written notice to .disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directlyto the party that posted the funds; 34 or its legal representatives, successors or assigns, absent bankruptcy; court order, dissolution or an assignment. 5. Upon default by Developer under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and. Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements.. All, funds disbursed to County in excess of the final amount determined necessary- by the County to complete the required improvements shall be returned to the party that posted the funds, or its legal representatives, successors or assigns,. absent bankruptcy, court order, dissolution or an assignment. 6. Any interest earned during the term. of escrow, less administrative expenses, shall be disbursed at close of escrow. 7. The funds deposited hereunder exist solely for the protection., use and benefit of the County and shall .not be construed or intended in any way, expressly or impliedly, to benefit. or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing la.bor, material, supplies, or services for construction of the required improvements, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in. writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required improvements. 8. This Agreement, together with the attached Contract, is the full and complete understanding of the parties andshall not be construed or amplified_ by reference to any prior agreement,_ discussion,. or understanding, except as specifically mentioned herein. This Agreement shall not. be assigned without .the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and .seals.. The date of this agreement shall be the date of approval by the County, as first stated above. HUTTON TEAM, LLC, a Delaware limited liability company:authorized-to do business in the State of Florida Developer By:, printed name: title: V. 2 35 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA A OFI By: APPROVED AS TO FORM AND LEGA ICIENC By: Willi m .. DeBraal Deputy County Attorney OosepV A. Baird County Administrator Authority: Resolution No. 2005-121 36 Hutton Construction, Inc. vendor: INDIAN RIVER COUNTY, FI 37896 Check Date: Ann"n A 20I6 11903?1399110 1:0613092291:56L&00059611v 1-08-16 010816-14536CASH-BbiqD TO WARRANTY 71905.88 .00 7 - 1905.88 1-08-1 6 ko37896 71905.88 71905.88 .00 11903?1399110 1:0613092291:56L&00059611v INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator �C THROUGH: Christopher R. Mora, P.E., Public Works Director 0yv- FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Florida Fish and Wildlife Conservation Commission Agreement No. 15120 — Indian River County Shooting Range Hunter Education Classroom DATE: January 6, 2016 DESCRIPTION AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) applied for and received Federal financial assistance from the United States Department of the Interior Fish and Wildlife Services in the amount of $144,000 to help fund the Indian River County Shooting Range Hunter Education Classroom. The building will be utilized by both the County and FWC for operational and educational purposes. The County will utilize the building for educational classes, as a meeting room for events, staff offices, and range operations. FWC administers six major programs including habitat & species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management, and fish and wildlife research. The building will allow FWC to hold meetings and classes for the programs. Staff is requesting to include a covered porch area as part of the project. The covered porch area will have multiple uses such as, an area that will provide shade and rain protection for shooters waiting to utilize the new clays facility, a location to hold shooter safety classes/shooter briefings when the building is occupied, an area during tournaments to organize shooters and perform scoring duties. The covered porch area will increase the overall covered area available to allow the County to market the shooting range as a location for larger tournaments and events. The agreement provides for FWC to reimburse the County in an amount not to exceed $144,000 and requires that the County provide 25% of the total cost of the project. It is estimated that the proposed 2,500 square foot classroom building ($400,000) and 1,100 square foot covered porch area ($60,000) will cost $460,000 for design and construction. The location of the building and the associated site work has been included as part of the site plan for the IRC Shooting Range Skeet and Trap Improvement Project recently awarded by the BCC and scheduled to start construction in late January 2016. FUNDING Funding for the FWC grant match and construction of the project are available from Optional Sales Tax reserves Account No. 31521072-066510-16017. F\Public Works\ENGINEERING DIVISION PROJECTS\]21313-IRC Shooting Range Skeet & Trap Phase 2\Admin\agenda items\BCC Agenda Classroom Agreement and Covered Porch Area with FWC 010516.doc 38 PAGE 2 Florida Fish and Wildlife Conservation Commission Agreement No. 15120 Richard B. Szpyrka, P.E., Assistant Public Works Director January 19, 2016 Agenda Item RECOMMENDATION Staff recommends that the Board of County Commissioners approve funding for the classroom and covered porch area, the attached agreement with FWC, and authorize the Chairman to execute said agreement. ATTACHMENT FWC Agreement No. 15120 (2) DISTRIBUTION Bill Cline, FWC Philip Stone, FWC APPROVED AGENDA ITEM FOR January 19, 2016 BY 4. Indian River County Approved Date Administration 1 4 / le Budget ( I Ip Legal Public Works I — r r - ► 6 Engineering 8 /6 F•\Public Works\ENGINEERING DIVISION PROJECTS\1213B-IRC Shooting Range Skeet & Trap Phase 2\Admin\agenda items\BCC Agenda Classroom Agreement and Covered Porch Area with FWC 010516.doc 39 FWC Agreement No. 15120 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT NO. 15120 CFDA Title(s): Wildlife Restoration and Basic Hunter Education CFDA No(s).: 15.611 Name of Federal Agency(s): US Fish and Wildlife Service Federal Award No(s): F14AF01077 Federal Award Year(s): 2014 Federal Award Name(s): Indian River County Shooting Range Hunter Education Classroom CSFA Title(s).: N/A CSFA No(s).: N/A State Award No(s).: N/A State Award Year(s): N/A State Award Name(s): N/A This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, -Florida -32399 -1600, -hereafter "Commission," -and Indian River County, FEID # 59-6000674, whose address is 1801 27th Street, Building A, Vero Beach, Fl 32960, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to develop and construct the Hunter Safety Classroom to be located at the Indian River County Public Shooting Range; and, WHEREAS, Grantee has been awarded (award name and number not applicable); and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. Now THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, GRANT - GOVERNMENTAL ENTITY 40 Ver. June 15, 2015 Page 1 of 20 FWC Agreement No. 15120 and the Grantee shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event the Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 0.6%3'0'/.20•;k1�7. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. Agreements executed under this grant award shall not precede a start date of �11%Orl%2015. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after --- - -- --- - the end date of- the Agreement.._ For this- agreement-= reaward-=costs=are not---eli ble--for -- -- - reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed$1440;00,00. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F. S., the Commission may only reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager identified in Paragraph eleven (11), below. If submitting hard copies, an original and two (2) copies of the 41 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 2 of 20 FWC Agreement No. 15120 invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive -Procurement -and --Rate ofPayment. —Section -2.16:3475; -RS --- requires -that - - - -- - -- --- --- - may--ceder_non-comp. titiye.procurements;_a Grantee not:receive=a-rate_of_payment-in_excess-ofahe: competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(l), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Grantee due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: httn://www.fldfs-com/aadir/direct deposit web/Vendors htm Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, 42 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 3 of 20 FWC Agreement No. 15120 may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342- 2762. 5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee; the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes both State and Federal requirements, each applicable to the extent this Agreement includes either State -only funding, Federal -only funding, or both. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f), F.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish -and -Wildlife Conservation Commission:" - -..-_.-- - - - --_ _=— B:- __ _Additional Costs_or=Monetary._Loss Resultingfrom=Grantee_Non=Compli_ance:=lftlie=Criantee's -_ non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement. or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. Grantee is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission Grant Manager. B. Property Exempt from Lien. If the Grant involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Grantee acknowledges that Property being improved is titled to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. 8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff GRANT - GOVERNMENTAL ENTITY43 Ver. June 15, 2015 Page 4 of 20 GM 10. FWC Agreement No. 15120 to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in Attachment C, Audit Requirements. Additionally, monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. TERMINATION. A. Commission Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. The Grantee may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies — provided- by--law-or-under-the-Agreement.----The-Grantee shall -not -be entitled --to recover any cancellation charges or lost -profits. D. Termination - Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences, identified in the Scope of Work. GRANT - GOVERNMENTAL ENTITY44 Ver. June 15, 2015 Page 5 of 20 FWC Agreement No. 15120 B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Philip T. Stone Construction Administrator Fl Fish and Wildlife Conservation Comm 620 S. Meridian Street Tallahassee, FL 32399 413-0084 (850) 413-7989 PhilinT.StonQMyFWC com FOR THE GRANTEE: Grant Manager Richard B. Szpyrka, P.E. County Engineer Indian River County 1801 27th Street, Building A Vero Beach, F132960 (772)226-1221 (772) 778-9391 .--.-.----rszpyrka6d,irc ov.com - -- ._---- A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. 13. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310- 200.316, OMB Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. i. Grantee's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual and other intangible property rights to the Grantee's preexisting property will remain with the Grantee. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Grantee under this Agreement for the GRANT - GOVERNMENTAL ENTITY45 Ver. June 15, 2015 Page 6 of 20 FWC Agreement No. 15120 Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. . B. Purchase or Improvement of Real Property Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. u. Title. If this agreement is supported by state funds, the Grantee shall comply with Section 287.05805, F_S=_This_section requires the Grantee to-grant_a securnty.interest.in.the. -roe _ - to the State of Florida,- the -type and details of which are provided for in Attachment A ---,-- Scope -Scope of Work. Title to state-owned real property remains vested in the state. Title to federally -owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally -owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A, Scope of Work. C. Non -Expendable Property. The following provisions apply to the extent that the grant allows the acquisition of non -expendable property. i. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non- consumable and non -expendable nature, with a value or cost of $1,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. 46 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 7 of 20 FWC Agreement No. 15120 D. Equipment and Supplies. The following provisions apply to the extent that the grant allows the acquisition of equipment and supplies. i. Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed 14. RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the -performance of -services -required.- Each Party -hereto covenants that there -is no conflict of interest or any other prohibited relationship .between- the Grantee andtheCommission, B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent fiunished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Grantee, may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. GRANT - GOVERNMENTAL ENTITY47 Ver. June 15, 2015 Page 8 of 20 FWC Agreement No. 15120 entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. E. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. If the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. F. Certain Violations of Federal Criminal Law. If this agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Grantee must disclose, in a timely manner, in writing to the Commission all violations of Federal- criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. - - 17: -- INSURANCE: - --- - — - - -- - - - - - __=e_Grantee warrants:andrepresents that -itis -insured -.-or self=insured-for liability_insurance;_in_accoidance with applicable state law and that such insurance or self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. SPONSORSHIP. As required by Section 286.25, F.S., if any recipient, subrecipient, contractor or subcontractor under this grant is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the.name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 19. PUBLIC RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. If the Grantee, or other recipient, subrecipient, contractor or subcontractor, meets the definition of "Contractor" in Section 119.0701(1)(a), F.S., the Grantee shall comply with the following: i. Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. ii. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S: or as otherwise provided by law. 50 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 11 of 20 FWC Agreement No. 15120 iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission. 20. SECURITY AND CONFIDENTIALITY. The Grantee shall not divulge to third parties any clearly marked confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Grant work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Grant. 21. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other -evidence that sufficiently- and properly reflect all direct and indirect -costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. - State Access to Grantee Books; -Documents, Papersi-and-Records:-The Grantee shall allow -the o-onnisnOfie= iclrStt_tor=G-6ftie_State --- of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement. The Grantee shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: httn://www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state 51 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 12 of 20 FWC Agreement No. 15120 financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 23. FEDERAL FUNDS. This Agreement relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: i. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, y 1967, and as supplemented in Department of Labor regulations (41- CFR Chapter 601 Section 200.326 and Appendix II, OMB Uniform Guidance (2 CFR 200), Applicable, except as -o erwise provide under 41—CFR Part _ 60-. -to an : --- --- - - — -- - — - --- - - ::: ---- ---- _ -- _. _-- -- -- -._ _ -. Y Sit, contracf,-Goan;._ insurance, or -- - --t-e- - -.--- tee.involvin Federal=assisd-constiuction=-=-=--===_===-==-------=----=-:=-_=_=__._ - - — — -- ------ -- guaran g. ii. Davis -Bacon Act. The Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. Appendix II, OMB Uniform Guidance (2 CFR 200). Applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. iii. Copeland "Anti -Kickback Act. The Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5), Appendix II, OMB Uniform Guidance (2 CFR 200). Applicable to contracts awarded by a non -Federal entity in excess of $100,000.00 that involve employment of mechanics or laborers. Under this Act, contractors and subrecipients are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. iv. Contract Work Hours and Safety Standards Act. Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). Appendix 12, OMB Uniform Guidance (2 CFR 200). Applicable to construction agreements awarded by grantees and subgrantees in excess of $2,000.00, and in excess of $2,500.00 for other agreements which involve the employment of mechanics or laborers. Under this Act, contractors and subcontractors must compute wages of mechanics and laborers (workers) on the basis of a standard forty (40) hour work week; provide workers no less than time and a half for hours worked in excess of the forty (40) hour work week; and not require workers to work in surroundings or work conditions that are unsanitary, hazardous, or dangerous. 52 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 13 of 20 FWC Agreement No. 15120 V. Rights to -Inventions Made Under a Contract or Agreement. 37 CFR 401. If the Federal award meets the definition of "funding agreement" under 37 CFR 401.2(a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under the "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Appendix H, OMB Uniform Guidance (2 CFR 200). vi. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). Appendix IL OMB Uniform Guidance (2 CFR 200). vii. Energy Efficiency. 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 (Pub. L. 94-163, 89 Stat. 871). Appendix H, OMB Uniform Guidance (2 CFR 200). - --- - - - - -- vui:-Drag=Free Workplace.- - Piu siianf to the Drug=Free Workplace Act of 1988, and its -- -- -- - -- -- -- implementing-regulations-codified-at-29CFR-Part-94--the-Grantee-will rovide-a-drug -free -- - - - ------ ------------ --------- --wor ace:---- ------- - --:: - - - -- -- - ---=- - - - ix. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g), 2 CFR 175.15). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If any recipient, subrecipient, contractor or subcontractor under this grant is a private entity, the following provision applies to the federal award: 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. X. Debarment and Suspension. L Grantee Federal Certification. In accordance with Federal Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible; or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. 53 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 14 of 20 FWC Agreement No. 15120 ii. Prohibition against Lobbying. I. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal agreement, grant, or cooperative agreement. If any non-federal funds are used for lobbying activities as described above in connection with this Agreement, the Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 2. Grantee — Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization __. ______warrants_that it does not,_and-will.not, engage.in lobb_-ying.activities prohibited.by-the-. _ Act as a special condition of the subcontract. 3. Prohibition -against Using Agreement Funds for the Purpose of Lobbying. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Upon request of the Commission's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. xii. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants that have been illegally taken, possessed, transported or sold. xiii. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. xiv. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. xv. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits, unless approved or exempt, any action that causes a "taking" of any listed species of endangered fish or wildlife. Also generally prohibited are the import, export, interstate, and foreign commerce of listed species. 54 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 15 of 20 FWC Agreement No. 15120 C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). 24. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Agreement is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, under this contract shall be purchased from [PRIDE] In the same manner and under the same procedures set forth in subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enterprises org. - - - - - -- Br - ---Respect oUFlorida--In-accordance-with--Subsection-41-3:036(-3);-F.-S if-a--product--or service- - ----------=------- -_requued-for-theperformance_of flus=Agreement-is onthe-procurementasf.established=piir§uant:fo= -_ - Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, under this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this agreement, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at hgp://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S. 31. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or 55 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 16 of 20 FWC Agreement No. 15120 person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or professional engineer, as applicable) any fee, commission, percentage, gift, 'or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 32. INDEMNNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence: If the Grantee is not a state agency or subdivision as defined above, the Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to --be`caused-in-whole-or - --inpart-by-the-GianteFifs agents-emPtYees- Pa—s—ub---- --- contractors, pro----- -however-i--that--the-Grantee -shall-not indemnify -for that portion-ofany-loss-ordamages- --- - proximately -caused - — - -ytfie_ri_e li-enf-act=or--omission-ofthe-State-orthe Commission: - -- __`_=__-==-_---=_----_=__- - - g g_ - 33. NON-DISCRIMINATION. A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a� contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 35. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a Party to this Agreement. 56 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 17 of 20 FWC Agreement No. 15120 36. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with, the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. 37. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 38. EMPLOYMENT ELIGIBILITY VERIFICATION (E- VERIFY). A. Requirement to Use E- Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Grantee during the contract term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. - -- B. -- - - --E-Verify-Online. -E=Verify is an-Intemet-based-system-that allows -an -employer, -using information - report on an -emp oyeje nformation-reported-on-an-employee s Form__I=9; Employment ---Eligibility= Verification;, to-determine.-tlie-" eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E -Verify. The Department of Homeland Security's E -Verify system can be found online athttp://www.dhs-gov/files/�rograms/gc 1185221678150 shtm C. Enrollment in E -Verify. If the Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. D. &Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E - Verify Program (which can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 39. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable 57 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 18 of 20 FWC Agreement No. 15120 measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may terminate the Agreement in whole or in part. ! --- 40.---ENTIItE AGREEMENT: This Agreement with all incorporated -attachments and exliibits.represents the entire - - - - - --Agreement of the -Parties: ---Any. alterations, variations; -changes, -modifications- or waivers --of provisions --of---- - ---- ---- ---------- - —----------------------- --- --- s A" :eement shall= only be_valid=when_ tfiey liave been reduced -to writing, an duly signed.by each:of the - Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 58 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 19 of 20 FWC Agreement No. 15120 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY SIGNATURE Name: Title: Date: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: - SIGN : -_ _— _-- - - --- --- - - -- --- — — Attachments in this Agreement include the following: Attachment A Attachment B Attachment C Exhibit 1 Attachment D Attachment E Attachment F Attachment G Attachment H Name: .� o Date: APPROVED AS —1 0, (� �, L✓` Scope of Work aY Certifications and Assurances oEQUz-r cc uN-r, ATTCF.W4Y Requirements of the Federal and Florida Single Audit Acts Federal and State Funding Source Cost Reimbursement Contract Payment Requirements Sample Invoice Form Project Progress Report Certification of Completion Statement Copy of Federal Grant Award 59 GRANT - GOVERNMENTAL ENTITY Ver. June 15, 2015 Page 20 of 20 Attachment A - SCOPE OF WORK Project Name:Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOOD/SERVICES Hunter Education Classroom Building B. BACKGROUND The Fish and Wildlife Conservation Commission's mission in Florida is to manage fish and wildlife resources for their long-term well-being and the benefit of people. The Commission administers six major programs including habitat & species conservation, freshwater fisheries management, law enforcement, marine fisheries management, hunting and game management and fish and wildlife research. Florida law requires all hunters born on or after June 1, 1975, who use a firearm, gun, bow or crossbow to successfully complete a hunter safety course prior to purchasing a hunting license. G.-SUPPOR-T-OF CONMSSIONMSSION--- ---- - ti-frtsthe-Commissiono9h heeucaono==--=____- - participants in the safe handling of firearms as used for hunting purposes. 2. DELIVERABLES A. Deliverable #1- Classroom plans and specifications. i. Specific Project Deliverables & Associated Tasks Signed and sealed engineered plans and specifications suitable for permitting and construction. ii. Minimum Level of Performance Signed and sealed engineered plans and specifications suitable for permitting and construction and that are acceptable to FWC Contract Manager so as to meet the functional purpose of the facility once built. iii. Documentation / Criteria Used as Evidence of Performance Plans and specification in PDF format delivered to and accepted by FWC Contract Manager. iv. Timeline for Completion 180 days after date of contract execution. B. Deliverable #2 - Completed classroom building. Version 1.0 - June 2013 Page 1 of 5 60 Attachment A — SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom i. Specific Project Deliverables & Associated Tasks Classroom building. ii. Minimum Level of Performance The County has constructed the classroom building that has passed all building inspections and has received a Certificate of Occupancy or equivalent from the County Building Official. In addition, all punch list items have been addressed to the satisfaction of FWC. iii. Documentation / Criteria Used as Evidence of Performance Receipt of Certificate of Occupancy or equivalent. Final Project Inspection report completed by FWC Contract Manager indicating that all punch list items (construction deficiencies) have been addressed. iv Timeline for Completion 480 -days after -plan acceptance by FWC Contract -Manager:— - ---- _ =3-FINANCIAL;CONSEQUENCES-:::-,:: Pursuant to 215.971(1)(c), Florida Statutes, the Commission will withhold payment of funds for failure to complete the Project as described herein within the timeframe allowed, or for failure to correct any Project deficiencies, as noted in the Final Project Inspection report. 4. PERFORMANCE The County will work with FWC to create, develop, and finalize construction plans for a new hunter education classroom facility to be located at the Indian River County Public Shooting Range. At a minimum the heated and cooled portion of the classroom shall be of sufficient size that 50 (fifty) students can be accommodated at any given time with closet storage for hunter safety materials and required restroom facilities. The exact location of the classroom within the range property is to be determined by FWC and the County but will generally be located in an upland area near the currently existing sporting clays / 5 -stand course parking area. (See Exhibit A). 5. COMPENSATION AND PAYMENT A. COMPENSATION For satisfactory completion of the tasks described in this Scope of Work, by the County under the terms of this Agreement, the Commission shall pay the County on a cost reimbursement basis in an amount not to exceed $144,000.00. The County shall be reimbursed only for budgeted expenses incurred during the term of the Agreement that are directly related to the project. Version 1.0 — June 2013 Page 2 of 5 6.1 Attachment A - SCOPE OF WORK Project Name: Indian River County Shooting Range FWC Contract No. 15120 Hunter Education Classroom B. COST SHARE The Grantee agrees to provide 25% of the total cost of the project. The total compensation by the Commission shall be $144,000.00 or 75% of the total cost for the project, whichever is less. C. INVOICE SCHEDULE The County will submit one request for reimbursement within 30 days after completion of the Project, as described herein, and acceptance of deliverables in writing by the Commission's Contract Manager. The Commission shall have 10 working days to inspect and approve goods and services. D. TRAVEL EXPENSES No travel expenses are authorized under the terms of this agreement. E. FORMS AND DOCUMENTATION - The County shall be reimbursed on a cost reimbursement basis -in accordance -with Cost - -- -- - ---_---------Reimbursement-Contract-Payment- Requirements; attached hereto -and made -a-part-hereof as-------------- --- The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal Employer Identification (FE1D) Number, and indicate the dates of service. The invoice shall be accompanied by a Certification of Completion, photographs to document project completion, an itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. 6. MONITORING SCHEDULE A. Compliance Monitoring and Corrective. Actions: The Commission will monitor the County's service delivery to determine if the County has achieved the required level of performance. If the Commission at its sole discretion determines that the County failed to meet any of the Terms and Conditions of this Agreement, the County will be sent a formal written notice. The County shall correct all identified deficiencies within forty-five (45) days of notice. Failure to meet 100% compliance with all of the Terms and Conditions of this Agreement or failure to correct the deficiencies identified in the notice within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the Termination section. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the construction of the Project. The County shall notify the Commission's Contract Manager when the Project has reached substantial completion so that inspection may occur in Version 1.0 -June 2013 Page 3 of 5 62 Attachment A — SCOPE OF WORK Project Nam�Indianounty Shooting Range FWC Contion Classroom a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Contract Manager, or designee, shall inspect the work accomplished on the Project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the Project, identifying any problems that may have arisen, and actions taken to correct such problems. Such reports shall be submitted on the Project Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 151 of the month immediately following the reporting period until the Certification of Completion is submitted. 7. INTELLECTUAL PROPERTY RIGHTS No additional requirements. Refer to Section 13 of the Agreement. - -- 8. ----SUBCONTRACTS- -- -- -- --- _ (I -----Noadditional-requirements.—Refer-to Section-- 9-INSURANCE ection-9.INSURANCE No additional requirements. Refer to Section 17 of the Agreement. II 10. SECURITY AND CONFIDENTIALITY No additional requirements. Refer to Section 20 of the Agreement. 11. RECORD KEEPING REQUIREMENTS No additional requirements. Refer to Section 21 of the Agreement. 12. NON -EXPENDABLE PROPERTY The County is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IlVIPROVEMENT OF REAL PROPERTY No additional requirements. Refer to Section 13(B) of the Agreement. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. CERTIFICATE OF COMPLETION Upon completion of the Project, the Grant Manager for the County shall sign a Certification of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the Project was completed in accordance with the Scope of Work and the Agreement. Version 1.0 — June 2013 Page 4 of 5 63 Attachment A — SCOPE OF WORK IProject Name: Indian River County Shooting Range FWC Contract No. 15120 I Hunter Education Classroom I I Version 1.0 — June 2013 Page 5 of 5 64 FWC Agreement No. 15120 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes, signs and returns to the Commission, the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee, through its duly authorized representative, certifies that it has read and provides the certifications and assurances below; and acknowledges it has an ongoing obligation to give written notice to the Commission, within a reasonable time, following any change in status regarding these certifications and assurances. Part I: State Certifications and Assurances. If this Agreement is supported by State funding then the following Certifications and Assurances apply. A. Interested State Employees, Chapter 112, F.S. Grantee certifies to the best of its knowledge, that none of its officers, directors, employees or other agents is also an employee of the State of Florida who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates. B. Conflict of Interest, Section 200.112, OMB Uniform Guidance (2 CFR 200). If this Agreement includes a Federal award, Grantee certifies that neither it, its principals, or agents, have a conflict of interest with either the Commission or the Federal awarding agency. -----C--'C-enAc-ted—V-endors, Section -287 33,—F:S—Grantee _ _ .--are_no -on_ e_ - onvicte = =endors-List .as-maintained:by the Department of Management Services, pursuant to Section 287.133(3)(d), F.S. D. Scrutinized Companies List, Sections 287.135 and 215.473, F.S. If this Agreement is in the amount of $1 million or more, Grantee certifies that to the best of its knowledge, it, its principals, recipients, subrecipients, contractors, and subcontractors are not: a. On the Scrutinized Companies with Activities in Sudan List; b. On the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or c. Engaged with business operations in Cuba or Syria. E. Discriminatory Vendors, Section 287.134, F.S. Grantee certifies that it, its principals, recipients, subrecipients, contractors and subcontractors are not on the Discriminatory Vendors List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. F. Litigation, Investigations, Arbitration, or Administrative Proceedings. Grantee certifies that it, its principals and agents, are not engaged in any civil or criminal litigation investigations, arbitration, or administrative proceedings relating to or affecting the Grantee's ability to perform under this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment B rev.6.15.15 Page 1 of 4 65 FWC Agreement No. 15120 Part H: Federal Certifications and Assurances. If this Agreement is supported by Federal funding then the following Certifications and Assurances apply. A. Equal Employment Opportunity. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Equal Employment Opportunity requirements contained in Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). B. Davis -Bacon Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Davis -Bacon Act 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5. C. Copeland "Anti -Kickback Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with the Copeland "Anti -Kickback" Act, 40 U.S.C. 3141-3148, and 3146-3148, as supplemented by Department of Labor regulations (29 CFR Part 5). D. Contract Work Hours and Safety Standards Act. Grantee certifies that to the best of its knowledge, it - Pits p rinci als Agents, reci ientssubreci ients contractors and subcontractors; are -in g> P g P P , _ ____vl LLiG --.---_= Agrreement: Work_Flours=aid-Saf& .Siandards_:Act (40-U:S:C-3.702 —anti- 70 ) -as_ supplemented -by.. _- ---- Department of Labor regulations (29 CFR part 5). E. Rights to Inventions Made Under a Contractor Agreement. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements", 37 CFR Part 401. F. Clean Air Act and Water Pollution Control Act. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Clean Air Act, 42 U.S.C. 7401-7671q, and the Water Pollution Control Act, 33 U.S.C. 1251-1387, as amended. G. Energy Efficiency. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the 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, Pub. L. 94-163, 89 Stat. 871. H. Drug -Free Workplace. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Drug -Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94. a. Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug-free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. Attachment B rev.6.15.15 Page 2 of 4 66 FWC Agreement No. 15120 2. Establishing an ongoing drug-free awareness program to inform employees concerning: i. The dangers of drug abuse in the workplace. ii. The policy of maintaining a drug-free workplace. iii. Any available drug counseling, rehabilitation and employee assistance programs. iv. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph Part II, H.a.l of this certification. 4. Notifying the employee in the statement required by paragraph Part H, H.a.l of this certification that, as a condition of employment under the Agreement, the employee will: i. Abide by the terms of the statement. ii. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph Part II, H.a.4.b from an employee or otherwise receiving actual _not ice_of such conviction. Provide such notice of convicted employees, including position title. to -- ---- -- notice=shall include-the-identification-nuniber(s)-6feach_affected Contractor Grant:--- - - - 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph Part H, H.a.4.b. herein, with respect to any employee who is so convicted: i. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. ii. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency. 1. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this entire certification. b. If the Grantee is an individual, the Grantee certifies that: 1.As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the conviction, to the Commission When notice is made to such a central point, it shall include the identification number(s) of each affected grant. I. Trafficking Victims Protection Act of 2000. Grantee assures that it, its principals, agents, recipients, subrecipients, contractors and subcontractors, will comply with the requirements of the Trafficking Victims Protection Act of 2000, as amended, 22 U.S. C. 7104(g), 2 CFR 175.15. Attachment B rev.6.15.15 Page 3 of 4 67 FWC Agreement No. 15120 I Debarment and Suspension. In accordance with Federal Executive Order 12549, Debarment and Suspension, the Grantee certifies that neither it, nor its principals, or agents, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. K Prohibition against Lobbying. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. a. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal agreement, grant, or cooperative agreement. If any non-federal funds are used for lobbying activities as described above in connection with this Agreement, the Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose _._ accordingly. --b.. urantee---. -Refrain_from-. Subcontracting_with_Certain- Organizations,-_Pursuant-to_the -- — ------ -- - -- --Lob ymg Disclosure--Act--of--1995,--the-Grantee-agrees-to-refrain-from entering -into any- - subcontracts under this Agreement with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. L. Lacy Act; Magnuson -Stevens Fishery Conservation and Management Act; Migratory Bird Treaty Act; and Endangered Species Act. Grantee certifies that to the best of its knowledge, it, its principals, agents, recipients, subrecipients, contractors and subcontractors, are in compliance with, and gives its assurance that said parties will continue to remain in compliance with the Lacy Act, 16 U.S.C, 3371-3378; Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884; Migratory Bird Treaty Act, 16 U.S.C. 703-712; and Endangered Species Act, 16 U.S.C. 1531, et seq. By signing below, Grantee certifies the representations outlined above are true and correct. APPROVED AS 1-0 MLEFIF / CY aY Y.1% L L WN K. DEU L6AL (Signature and Title of Authorized Representative) Grantee Date (Street) (City, State, ZIP Code) Attachment B rev.6.15.15 Page 4 of 4 68 FWC Agreement No. 15120 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part H of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. ------- - ---- - - ---- - --- ------------- --- PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by thisAgreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment C rev.6.15.15 Page 1 of 6 69 FWC Agreement No. 15120 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. - In-the-event-that the -Grantee expends less-than-$500,000-.00in Federal awards in its fiscal -year and ---- -------elec-ts-to-have-an-audit condueted-,n-aeeordanee-with theprovmons of Sections -200-:500--200-52 r,-ONM- - — -- p - ---- - ------------__----- - --- -- iufoim=Guidance=the=cast=ofthe_audif-must=be= aid=froni-non=Federal-resources_ -- an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census eov/sac/sainfo html PART H: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment C rev.6.15.15 Page 2 of 6 70 FWC Agreement No. 15120 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Happs.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION - - A:--Copies--of reporting=packages;=to include-anment y manage - letter issued -by the audifor' for audits - conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10`s Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting Attachment C rev.6.15.15 Page 3 of 6 71 FWC Agreement No. 15120 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part H of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part 11 of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building ---- ----- ---—1lIWest Madi-son-Street ------ -- ------ - --- -- - --- - ---- ---- -- --- -- ---- - Tallahassee; -FL -32399--W0 --- - - Any reports, management letter, or other information required to be submitted to the Commission Pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment C - Attachment C rev.6.15.15 Page 4 of 6 72 FWC Agreement No. 15120 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL, FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: CMA # Amount 15.611 Wildlife Restoration and Basic Hunters Education $144,000. e FD AL. T it"I i Amount -0 -f - 1 Total Federal Awards $144,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: STATE RESOURCES AWARDED TO CONSIST OF THE FOLLOWING: GRANTEE PURSUANT TO THIS MATCHING RESOURCES FOR FEDERAL PROGRAMS: V v" v.M Afew H — an- -p gp 'roy v r2, m R5 ON - CFDA # e FD AL. T it"I i Amount -0 -f - Matching Funds Total Matching Funds Associated with Federal Programs SUBJECT TO SECTION 215.97, FLORIDA STATUTES: CSVA # CSFA Title Amount Total Federal Awards Attachment C rev.6.15.15 Page 5 of 6 73 FWC Agreement No. 15120 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: %JP xr Q. .S.E(.n'F T Ny l:l C ec State Pro rY�F .r :-,�.. CSFA # Com fiance Re_ iurements NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included. in Exhibit 1 be provided to the Grantee. - End of EXffIBIT 1 - Attachment C rev.6.15.15 Page 6 of 6 74 NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included. in Exhibit 1 be provided to the Grantee. - End of EXffIBIT 1 - Attachment C rev.6.15.15 Page 6 of 6 74 FWC Contract No. 15120 Attachment D COST REEgBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, Tinge benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fnnge benefits; -then the calculation for the -fringe benefits -amount must ------------ ------------------------------------- ------Excepfion:--=Governmenta17-emities.are n6t requii=ed=to provide -check numbers=or-copies-- of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Page 1 of 1 75 1 FWC Contract No. 15120 Billed to: Florida Fish and Wildlife Conservation Commission Hunter Safety and Public Ranges Section 620 S. Meridian Street Tallahassee, FL 32399-1600 Remit Payment to: Grantee: FEID#: Address: Attachment E INVOICE Invoice No. Invoice Date: FWC Contract No. Amount of Grant Award $ Billing Period / Dates of Service: From: To: PRnlFrT rncTC- In-Kind Services - Non-cash expenses: - --- Amount ------------------------- An_-kindser-vice� Ad m i n i ctra-t.ipn- - - -d- —se-rv-i_ - --- --- -- — --Imce:--Rro�ect-Management-- - n- ---_------------------=-----------_- - ----------- ---_-- ---- -$-----_ -- =--_- In-kind service: Other $ Deliverables/Services Provided (Scope of Work) - Cash expenditures Amount Total Project Cost: $ Grantee Share Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Page 1 of 1 Date: 76 FWC Contract No. 15120 Attachment F HUNTER SAFETY AND PUBLIC SHOOTING RANGES PROJECT PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 413-7989. FWC Contract # Reporting Period (Month/Year): (Due 15 days after the end of each month) Grantee• Project Title: 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by Phase I due date? YESE] NOE] Anticipated Phase I completion date: (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs ❑ Draft acknowledgement Project Manager Print Name Page I of I Date Phone 77 FWC Contract No. 15120 I, representing FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Hunter Safety and Public CERTIFICATION OF COMPLETION STATEMENT (Print Name and Title) (Name of Local Government) Attachment G do hereby certify that the Hunter Safety and Public Shooting Ranges project funded by FWC - Contract No:------- -----hasbeen-completedin- compliance -with all-terms-and-conditionsof said -A ent—that-all-amounts-payable-for-materials; labor and-other-c-harges-against-the- -_ --project ave=been=paid,_andhatna:_hens_have=been attaohed=against_the_project- -_ _ _= ___ ==- (Signature) (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Name: Title: Date: 78 Attachment H United States Department of the Interior FISH AND WILDLIFE SERVICE �e�• 1875 Century Boulevard Atlanta. Georgia 30345 JUL 9 8 2014 IN REPLY RHEA TO F WS/A4P%SFR Mr. Nick Wiley, Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 DearMr. V�ile�.'ed, The Grant Award for F 14AF01077, "Indian River County Shooting Range Hunter Education Classroom," has been approved effective August 1, 2014. The Grant Award is conditionally approved for the period from August 1, 2014 to lune 30, 2015 in the amount of $192,000 of which the Federal Share is $144,000; however;.only- $19,200_ofthe-Federal share_has been authorized at this time.The remain�rtg Federal share balance of $172,800 is contingent upon our receipt and approval of site/project specific environmental - _——_coinpiiance_documents _When -t ese_documents_have_lieen-co ---- - —ari amdri menfof tt a Grazit-Award-regnestirig theremainirig- income using the additive method is approved. Your request-to-accbunt-forprogram- Special Conditions to this Grant Award include but are not limited to: Annual Interim Fiscal and Project Performance Reports are due no later than September 28, 2015. For Failure to Report: In accordance with the U.S. Fish and Wildlife Service Manual chapter 516 FW 2 Performance Reportingfor Grant and Cooperative Agreement Awards, failure to submit reports by the required due dates may result in the following progressive actions, including but not limited to: a) notifying your State Director in writing that a Financial Status and/or Project Performance Report was not received; b) withholding cash payment pending receipt of the required report(s); c) denying the use of Federal funds and all forms of matching funds; d) whole or partial suspension, or termination of the current grant award; e) withholding of future awards for the program; and, f) other legal actions as stated in the interim guidance. Grant Approval Level is determined to be at the Grant Level. Your agency should track performance and costs at this level and report them in the Final Performance Report. Ten Percent Waiver. In accordance with Service Manual Part 522 FW 23 (May 22, 2006), this Grant Award is not subject to the prior written approval requirements of 43 CFR 12.70 (c) (l) (ii). Therefore, funds greater than 10 percent of Grant A Acord total may be transferred among direct cost categories, or, if applicable, among separately budgeted programs, projects, functions, or activities without prior approval. 79 NEPA, SHPO and Section 7: Site/project specific NEPA, SHPO, Environmental Action Statement, and Section 7 evaluations will need to be completed before site work begins. An amendment to the grant award should be submitted with completed environmental compliance documentation and approved before any construction project begins. Equipment Purchased with grant funds must be used for the purpose for which it was acquired during and after the grant period. When the equipment is no longer needed for the original program or project, the equipment may be used in other activities currently, or previously supported by the Federal agency. If the expected life of the equipment is longer than the grant award period, we request that information on the future use of the equipment be included in the Final Report (see Special Conditions document for additional guidance). Terms of Acceptance: Per h!W://www.dc i eoy/pam/programs/financial assist:anct_ Trr rmsandConditions efm, acceptance of a Federal Financial award from the Department of the Interior (DOI) carries with it the responsibility to be aware of and comply with the terms and conditions of the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to, and as approved by DOI and are subject to the terms and conditions incorporated either directly or by reference to the following: Program legislation/regulation, Assurances, Special -- Conditions -and -Code of Federal- Regulations and -other -Regulatory Requirements; as -applicable. --Grantees - ___-----activit es_ -as_ listed=in=the=recently--oblished-Department=Manual=Cha ter -305 -DM 3-==- -- -- p - Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404) 679-4154 or Mr. Wayne Waltz at (843) 727-4707 ext. 225, if you have any questions. Sincerely yours, 14.4 - Michael L. Piccirilli Chief— Wildlife and Sport Fish Restoration 80 United States Department of the Interior FISH AND WILDLIFE SERVICE 1875 Century Blvd Atlanta, Georgia 30345 In Reply Refer To: JUL 01 2015 FWS/R4/WSFR Mr. Nick Wiley, Executive Director Florida Fish and Wildlife Conservation Commission Tallahassee, Florida 32399-1600 --_-.=DUNS=#:_838103893._.—=--_-_-__--- __--_------------------- -- ----- --- - ---- - Subject: Notice of Grant Award for F14AF01077, Amendment 1 Dear Mr. /ey. AJ, C.4 - Your organization's application for Federal financial assistance amendment titled "Indian River County Shooting Range Hunter Education Classroom" submitted to the U.S. Fish and Wildlife Service; CFDA Program 15.611 is approved effective June 14, 2015. This award is made under the authority of the Pittman -Robertson Wildlife Restoration Act of 1937, 50 Stat. 917 as amended; 16 U.S.C. 669-669k; Pittman -Robertson Wildlife Restoration and Dingell -Johnson Sport Fish Restoration Acts, Title 50, Part 80. This award is made based on Service approval of your organization's SF 424 signed on June 12, 2015 and the project proposal, hereby incorporated by reference into this award. Per your request this amendment will increase the duration of the grant. The grant award is approved for the period from August 1, 2014 to June 30, 2017 in the amount of $192,000 of which the Federal Share is $144,000. Only allowable costs resulting from obligations incurred during the project period and any authorized pre -award costs may be charged to this award. All obligations incurred under the award must be liquidated no later than 90 calendar days after the end of the project period. You must submit a written request to the Service at r4fedendassistance@fws.gov before the end of the stated project period if you need more time to liquidate all obligations. Payment Information: Use the information below to identify our award funds at: www51 An aov. ASAP Funding Federal % of State Share % of Total Award Accounting Sub Share I Federal State Information PES Share Share 1229300 5221 Obligated $144,000 1 75% $48,000 25% $192,0001 Totals: $144,000 75%E:::$-48-000 25% $192.000 81 Mr. Wiley Reoorting Due Dates: _Report Tide Period: Due Date Interim Performance Report— —Report 8.1.14-9.30.15 12.29.15 Interim Federal Financial Report 8.1.14-9.30.15 12.29.15 Interim Performance Report 10.1.15-9.30.16 12.29.16 Interim Federal Financial Report 8.1.14-9.30.16 12.29.16 Final Performance Report 8.1.14-6.30.17 9.28.17 Final Federal Financial Report 8.1.14-6.30.17 9.28.17 All Reports should be sent to r4federalassistance(&fws ov Acceptance of this financial assistance award carries with it the responsibility to be aware of and comply with the terms and conditions, attached, applicable to the award. In addition, the following Special Conditions apply: Special Conditions and Provisions: 2 Grant Approval Level is determined to be at the Grant Award Level_ Your agency should track costs at _ the grant award level and report them in the Final Financial Report. 77 i _ � Equipment -Purchased -with -grant funds-must=be use&for tiie Purpose-forwhich=it was=a uiied duiin and after the t period. When the t, 8Tan P equipment is no longer needed for the original program or project, the equipment may be used in other activities currently, or previously supported by the Federal agency. If the expected life of the equipment is longer than the grant award period, we request that information on the future use of the equipment be included in the Final Report. The Service Project Officer for this award is: I The Recipient Project Officer for this award is: Mr. Wayne Waltz Mr. Philip Stone USFWS Florida Fish and Wildlife Conservation Commission 176 Croghan Spur Rd., Ste. 200 620 South Meridian Street Charleston, SC 29407 1 Tallahassee, Florida 32399-1600 (843) 727-4707 Ext. 225 (850) 413-0084 Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404) 679-4154 or Wayne Waltz at (843) 727-4707 ext. 225 if you have any questions. Sincerely yours, ?uk Michael L. Piccirilli Enclosure Chief -Wildlife and Sport Fish Restoration Program 82 Additional Information Terms of Acceptance: Acceptance of a financial assistance award (i.e., grant or cooperative agreement) from the Service carries with it the responsibility to be aware of and comply with the terms and conditions applicable to the award. Acceptance is defined as the start of work, drawing down funds, or accepting the award via electronic means. Awards are based on the application submitted to and approved by the Service. Awards are subject to the terms and conditions incorporated into the notice of award either by direct citation or by reference to the following: Federal regulations; program legislation or regulation; and special award terms and conditions. The Federal regulations applicable to Service awards are listed by recipient type in the Service Financial Assistance Award Terms and Conditions posted on the Internet at hqp://www.fws.go-v/grants/adfs/USFWSFinancialAssistanceAwardTermsandConditions8 7 14 Lo20 LIJ.pdf. If you do not have access to the Internet and require a full text copy of the award terms and conditions, contact our office. Indirect Costs: Indirect costs under this award are approved on the condition that the Recipient will submit an indirect cost rate proposal to their cognizant agency immediately after the award is made and no later than 90 calendar days past the award project period start date. The Recipient is not authorized to charge indirect costs under this award until the Recipient has received, and provided a copy to the Service Project Officer, an approved Negotiated Indirect Cost Rate Agreement (NICRA) from the Federal government In the event the — ----Recipient-fails-to-establish an approved rate before the end of the award project period, the Service may - either- 11 rlenhlia-at,r_ _ - . - _egtslation=or-re gulationTAlow.the _Recipient=to_u-cse_osts=otherwise:alloca_ble_as_indirect_costs, to -saris - sharing or matching requirements; or 21 allow the Recipient to transfer the amount otherwise allocable as indirect costs to direct costs. Service approval of such budget changes will depend on the particular award circumstance. Indirect costs otherwise allocable to this award may not be shifted to another Federal award unless specifically authorized by legislation. System for Award Management (SAM) Registration: Under the terms and conditions of this award, your organization must maintain an active SAM registration at httos://www.sam.eoy/portaUnublic/SAM/ until the final financial report is submitted or final payment is received, whichever is later. If your organization's SAM registration expires during the required period, the Service will suspend payment under this and all other Service awards to your organization until you update your organization's SAM registration. Program and Budget Revisions: Recipients are required to report deviations from budget or project scope or objective, and request prior approvals for program and budget revisions in accordance with 2 CFR 200.308 unless otherwise specifically waived in this award. As a non -construction grant with a Federal share of the project exceeding the Simplified Acquisition Threshold of $150,000, this Grant Award is subject to the prior written approval requirements of 2 CFR 200.308(e) for transfer of funds among direct cost categories or programs, functions and activities in which the cumulative amount of such transfers exceeds 10 percent of the total budget as last approved by the Federal awarding agency. Grant Period Extensions: If additional time is needed to complete the approved project, you must send an SF -424 and written notice to the Service at r4federalassistance@fws.gov. This notice must be received prior to the authorized project period end date, and must include supporting reasons and revised end date. Extensions for time cannot be authorized for the sole purpose of spending an unused balance of funds. 83 Reporting Repnirements: Recipients must use the Standard Form (SF) 425, Federal Financial Report form for all financial reporting. This form is available at http:///www.whitehouse.gov/omb/grants—forms. Performance reports must contain: 1) a comparison of actual accomplishments with the goals and objectives of the award as detailed in the approved scope of work; 2) a description of reasons why established goals were not met, if appropriate; and 3) any other pertinent information relevant to the project results. Please include the Service award number provided in the subject line of this letter on all reports. Financial and performance reporting due dates may be extended by the Service upon receipt of a written request addressed to the Service at r4federalassistance@fws.gov identifying the type of report to be extended, the requested revised due date up to 90 days, and a justification for the extension. The Service may approve an additional extension if justified by a catastrophe that significantly impairs the recipient's operations. Requests for reporting due date extensions must be received by the Service no later than one day before the original reporting due date. For Fallare to Report: In accordance with the U.S. Fish and Wildlife Service Manual chapter 516 FW 2 Performance Reporting for Grant.and Cooperative Agreement Awards, failure to submit reports by the required due dates may result in the following progressive actions, including but not limited to: a) notifying your State Director in writing that a Financial Status and/or Project Performance -- - Reportwasnot received; '.'-'_- -_-- - ---- _c' _- den -- - - - - ' -'------------_ ymg _the _use -_of Federal=funds=and.all=forms =of matching -funds'=- d) whole or partial suspension, or termination of the current grant award; e) withholding of future awards for the program; and, f) other legal actions as stated in the interim guidance Payments: Your organization has completed enrollment in U.S. Treasury's Automated Standard Application for Payment (ASAP) system. When requesting payment in ASAP, your Payment Requestor will be required to enter an Account ID. The number assigned to this award is the partial Account ID in ASAP. When entering the Account ID in ASAP, the Payment Requestor should enter the award number identified in the subject line on letter followed by a percent sign (%). Refer to the ASAP.gov Help menu for detailed instructions on requesting payments in ASAP. Whistleblower Protection: (a) This award and related subawards and contracts over the simplified acquisition threshold and all employees working on this award and related subawards and contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239). (b) Recipients, and their subrecipients and contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and gh protections under 41 U.S.C. 4712. (c) The recipient shall insert this clause, including this paragraph (c), in all subawards and contracts over the simplified acquisition threshold related to this award. E:i11 �PS�g11T OF Tj� United States Department of the Interior FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta, Georgia 30345 SEP -12015 In Reply Refer To: FWS1R4/WSFR Mr. Nick Wiley, Executive Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 DUNS #: 838103893 Subject: Notice for Grant Award FL W-1714AF01077 Dear Mr. ' e - This is to notify -you -that we have modified -your organization's Federal financial. assistance S =Fish=and _Wildlife_Seryice_(Service)_CFD _:Program -15:6 -1_l -=and co_nditionall _a - _roved - _ Y . PP-- --'—_ - effective August 1, 2014. This grant award is now fully approved, and this letter serves to remove the Special Conditions placed on the original grant award and approves construction of an educational classroom at Indian River shooting range. The Service Project Officer for this award is: Mr. Wayne Waltz USFWS 176 Croghan Spur Rd., Ste. 200 Charleston, SC 29407 (843) 727-4707 Ext. 225 wayne_waltz@fws.gov Recipient Project Officer for this award is: Mr. Philip Stone Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Tallahassee, Florida 32399-1600 (850) 413-0084 Copies of the Grant Award documents have been e-mailed to your grant coordinator. Please contact me at (404) 679-4154 or Wayne Waltz at (843) 7274707 ext. 225 if you have any questions. Sincerely yours, v--,— �� 67.-- ;� Michael L. Piccirilli Chief -Wildlife and Sport Fish Restoration Program 85 CONSENT AGENDA Indian River County Inter -Office Memorandum Q� Office of Management and Budget DD TO: Members of the Board of County Commissioners DATE: January 12, 2016 SUBJECT: Financial Advisory Agreement - FirstSouthwest FROM: Jason E. Brown - Director, Management & Budget Description and Conditions On December 6, 2005, the Board of County Commissioners approved an agreement with FirstSouthwest (then First Southwest Company) to provide financial advisory services for the County. This agreement was for an initial term of five (5) years, with ten (10) one-year renewals. FirstSouthwest has provided excellent service during this period including numerous debt issues. At this time, staff recommends that the Board of Commissioners approve a new agreement with FirstSouthwest. Like the prior agreement, the initial term would be five (5) years, with ten (10) one-year renewals. Funding The cost of services under the proposed agreement is unchanged from the prior agreement. Transaction fees under the agreement are shown in the table below. These costs are typically paid from the proceeds of the bond issue upon closing of the transaction. The contract also provides for additional services on an as -needed basis at an hourly rate. It should be noted that the County has not been charged these fees during the term of the prior agreement. $1.20 per $1,000 1 for the first $20,000,000 of debt instruments, plus $0.75 per $1,000I for amounts I greater than $20,000,000 of debt instruments Minimum $15,000 per transaction Recommendation Staff recommends that the Board of Commissioners approve the attached Financial Advisory Agreement with FirstSouthwest. Attachment Financial Advisory Agreement APPROVED AGENDA ITEM: BY: W Jose h A. Baird County Administrator FOR: January 19, 2016 81 FINANCIAL ADVISORY AGREEMENT This Financial Advisory Agreement (the "Agreement") is made and entered into by and between Indian River County, Florida (the "Issuer" or the "County') and FirstSouthwest, a Division of Hilltop Securities Inc. ("FirstSouthwest") effective as of January 25, 2016. WITNESSETH: WHEREAS, the Issuer will have under consideration from time to time the authorization and issuance of indebtedness in amounts and forms which cannot presently be determined and, in connection with the authorization, sale, issuance and delivery of such indebtedness, Issuer desires to retain an independent financial advisor; and WHEREAS, the Issuer desires to obtain the professional services of FirstSouthwest to advise the Issuer regarding the issuance and sale of certain evidences of indebtedness or debtobligations that may be authorized and issued or otherwise created or assumed by the Issuer (hereinafter referred to collectively as the "Debt Instruments") from time to time during the period in which this Agreement shall be effective; and WHEREAS, FirstSouthwest is willing to provide its professional services and its facilities as financial advisor in connection with all programs of financing as may be considered and authorized by Issuer during the period in which this Agreement shall be effective. NOW, THEREFORE, the Issuer and FirstSouthwest, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, do hereby agree as follows: Section 1. Description of Services. Upon the request of an authorized representative of the Issuer, FirstSouthwest agrees to perform the financial advisory services stated in the following provisions of this Section I; and for having rendered such services, the Issuer agrees to pay to FirstSouthwest the compensation as provided in Section 5 hereof. A. Financial Planning. At the direction of Issuer, FirstSouthwest shall: 1. Survey and Analysis. Conduct a survey of the financial resources of the Issuer to determine the extent of its capacity to authorize, issue and service any Debt Instruments contemplated. This survey will include an analysis of any existing debt structure as compared with the 1 87 existing and projected sources of revenues which may be pledged to secure payment of debt service and, where appropriate, will include a study of the trend of the assessed valuation, taxing power and present and future taxing requirements of the Issuer. In the event revenues of existing or projected facilities operated by the Issuer are to be pledged to repayment of the Debt Instruments then under consideration, the survey will take into account any outstanding indebtedness payable from the revenues thereof, additional revenues to be available from any proposed rate increases and additional revenues, as projected by consulting engineers employed by the Issuer, resulting from improvements to be financed by the Debt Instruments under consideration. 2. Future Financings. Consider and analyze future financing needs as projected by the Issuer's staff and consulting engineers or other experts, if any, employed by the Issuer. 3. Recommendations for Debt Instruments. On the basis of the information developed by the survey described above, and other information and experience available, submit to the Issuer recommendations regarding the Debt Instruments under consideration, including such elements as the date of issue, interest payment dates, schedule of principal maturities, options of prior payment, security provisions, and such other provisions as may be appropriate in order to make the issue attractive to investors while achieving the objectives of the Issuer. All recommendations will be consistent with the goal of designing the Debt Instruments to be sold on terms which are advantageous to the Issuer, including the lowest interest cost consistent with all other considerations. 4. Market Information. Advise the Issuer of our interpretation of current bond market conditions, other related forthcoming bond issues and general information, with economic data, which might normally be expected to influence interest rates or bidding conditions so that the date of sale of the Debt Instruments may be set at a favorable time. 5. Elections. In the event it is necessary to hold an election to authorize the Debt Instruments then under consideration, FirstSouthwest will assist in coordinating the assembly of such data as may be required for the preparation of necessary petitions, orders, resolutions, ordinances, notices and certificates in connection with the election, including assistance in the transmission of such data to a firm of municipal bond attorneys ("Bond Counsel") retained by the Issuer. 2 88 B. Debt Management and Financial Implementation. At the direction of Issuer, FirstSouthwest shall: 1. Method of Sale. Evaluate the particular financing being contemplated, giving consideration to the complexity, market acceptance, rating, size and structure in order to make a recommendation as to an appropriate method of sale, and: a. If the Debt Instruments are to be sold by an advertised competitive sale, FirstSouthwest will: (1) Supervise the sale of the Debt Instruments; (2) Disseminate information to prospective bidders, organize such informational meetings as may be necessary, and facilitate prospective bidders' efforts in making timely submission of proper bids; (3) Assist the staff of the Issuer in coordinating the receipt of bids, the safekeeping of good faith checks and the tabulation and comparison of submitted bids; and (4) Advise the Issuer regarding the best bid and provide advice regarding acceptance or rejection of the bids. b. If the Debt Instruments are to be sold by negotiated sale, FirstSouthwest will: (1) Recommend for Issuer's final approval and acceptance one or more investment banking .firms as managers of an underwriting syndicate for the purpose of negotiating the purchase of the Debt Instruments. (2) Cooperate with and assist any selected managing underwriter and their counsel in connection with their efforts to prepare any Official Statement or Offering Memorandum. FirstSouthwest will cooperate with and assist the underwriters in the preparation of a bond purchase contract, an underwriters agreement and other related documents. The costs incurred in such efforts, including the printing of the documents, will be paid in accordance with the terms of the Issuer's agreement with the underwriters, but shall not be or 3 89 become an obligation of FirstSouthwest, except to the extent specifically provided otherwise in this Agreement or assumed in writing by FirstSouthwest. (3) Assist the staff of the Issuer in the safekeeping of any good faith checks, to the extent there are any such, and provide a cost comparison, for both expenses and interest which are suggested by the underwriters, to the then current market. (4) Advise the Issuer as to the fairness of the price offered by the underwriters. 2. Offering Documents. Coordinate the preparation of the notice of sale and bidding instructions, official statement, official bid form and such other documents as may be required and submit all such documents to the Issuer for examination, approval and certification. After such examination, approval and certification, FirstSouthwest shall provide the Issuer with a supply of all such documents sufficient to its needs and distribute by mail or, where appropriate, by electronic delivery, sets of the same to prospective purchasers of the Debt Instruments. Also, FirstSouthwest shall provide copies of the final Official Statement to the purchaser of the Debt Instruments in accordance with the Notice of Sale and Bidding Instructions. 3. Credit Ratings. Make recommendations to the Issuer as to the advisability of obtaining a credit rating, or ratings, for the Debt Instruments and, when directed by the Issuer, coordinate the preparation of such information as may be appropriate for submission to the rating agency, or agencies. In those cases where the advisability of personal presentation of information to the rating agency, or agencies, may be indicated, FirstSouthwest will arrange for such personal presentations, utilizing such composition of representatives from the Issuer as may be finally approved or directed by the Issuer. 4. Trustee, Paying Agent, Registrar. Upon request, counsel with the Issuer in the selection of a Trustee and/or Paying Agent/Registrar for the Debt Instruments, and assist in the negotiation of agreements pertinent to these services and the fees incident thereto. 5. Financial Publications. When appropriate, advise financial publications of the forthcoming sale of the Debt Instruments and provide them with all pertinent information. 11 90 6. Consultants. After consulting with and receiving directions from the Issuer, arrange for such reports and opinions of recognized independent consultants as may be appropriate for the successful marketing of the Debt Instruments. 7. Auditors. In the event formal verification by an independent auditor of any calculations incident to the Debt Instruments is required, make arrangements for such services. 8. Issuer Meetings. Attend meetings of the governing body of the Issuer, its staff, representatives or committees as requested at all times when FirstSouthwest may be of assistance or service and the subject of financing is to be discussed. . 9. Printing. To the extent authorized by the Issuer, coordinate all work incident to printing of the offering documents and the Debt Instruments. 10. Bond Counsel. Maintain liaison with Bond Counsel in the preparation of all legal documents pertaining to the authorization, sale and issuance of the Debt Instruments. 11. Changes in Laws. Provide to the Issuer copies of proposed or enacted changes in federal and state laws, rules and regulations having, or expected to have, a significant effect on the municipal bond market of which FirstSouthwest becomes aware in the ordinary course of its business, it being understood that FirstSouthwest does not and may not act as an attorney for, or provide legal advice or services to, the Issuer. 12. Delivery of Debt Instruments. As soon as a bid for the Debt Instruments is accepted by the Issuer, coordinate the efforts of all concerned to the end that the Debt Instruments may be delivered and paid for as expeditiously as possible and assist the Issuer in the preparation or verification of final closing figures incident to the delivery of the Debt Instruments. 13. Debt Service Schedule; Authorizing Resolution. After the closing of the sale and delivery of the Debt Instruments, deliver to the Issuer a schedule of annual debt service requirements for the Debt Instruments and, in coordination with Bond Counsel, assure that the paying agent/registrar and/or trustee has been provided with a copy of the authorizing ordinance, order or resolution. 5 91. Section 2. Other Available Services. In addition to the services set forth and described in Section I herein above, FirstSouthwest agrees to make available to Issuer the following services, when so requested by the Issuer and subject to the agreement by Issuer and FirstSouthwest regarding the compensation, if any, to be paid for such services, it being understood and agreed that the services set forth in this Section II shall require further agreement as to the compensation to be received by FirstSouthwest for such services. A. Investment of Funds. From time to time, as an incident to the other services provided hereunder as financial advisor, FirstSouthwest may purchase such investments as may be directed and authorized by Issuer to be purchased, it being understood that FirstSouthwest will be compensated in the normal and customary manner for each such transaction. In any instance wherein FirstSouthwest may become entitled to receive fees or other compensation in any form from a third party with respect to these investment activities on behalf of Issuer, we will disclose to Issuer the nature and, to the extent such is known, the amount of any such compensation so that Issuer may consider the information in making its investment decision. It is understood and agreed that FirstSouthwest is a duly licensed broker/dealer and is affiliated with First Southwest Asset Management, LLC ("FirstSouthwest Asset Management"), a duly registered investment advisor. Issuer may, from time to time, utilize the broker/dealer services of FirstSouthwest and/or the investment advisory services of FirstSouthwest Asset Management with respect to matters which do not involve or affect the financial advisory services referenced in this Agreement. The terms and conditions of the engagement of FirstSouthwest and/or FirstSouthwest Asset Management to provide such services shall be determined by mutual agreement at the time such services are requested. B. Exercising Calls and Refunding. Provide advice and assistance with regard to exercising any call and/or refunding of any outstanding Debt Instruments. C. Capital Improvements Programs. Provide advice and assistance in the development of any capital improvements programs of the Issuer. D. Long -Range Planning. Provide advice and assistance in the development of other long-range financing plans of the Issuer. E. Post -Sale Services. Subsequent to the sale and delivery of Debt Instruments, review the transaction and transaction documentation with legal counsel for the Issuer, Bond Counsel, auditors and other experts and consultants retained by the Issuer and assist in developing appropriate responses to legal processes, audit procedures, inquiries, internal reviews and similar matters. rel 92 Section 3. Term of Agreement. This Agreement shall become effective as of January 25, 2016 and, unless sooner terminated by either party pursuant to the terms of this Agreement, shall remain in effect thereafter for a period of five (5) years from such date. Unless FirstSouthwest or the Issuer shall notify the other party in writing at least forty- five (45) days in advance of the applicable anniversary date that this Agreement will not be renewed, this Agreement will be automatically renewed on the fifth anniversary of the date hereof for an additional one (1) year period, and thereafter will be automatically renewed on each anniversary date for successive one (1) year periods, for a maximum term, including all renewals, of ten (10) years. Section 4. Termination. This Agreement may be terminated with or without cause by the Issuer or FirstSouthwest upon the giving of at least forty-five (45) days prior written notice to the other party of its intention to terminate, specifying in such notice the effective date of such termination. In the event of such termination, it is understood and agreed that only the amounts due FirstSouthwest for services provided and expenses incurred to the date of termination will be due and payable. No penalty will be assessed for termination of this Agreement. Section 5. Compensation and Expense Reimbursement. The fees due to FirstSouthwest for the services set forth and described in Section I of this Agreement with respect to each issuance of Debt Instruments during the term of this Agreement shall be calculated in accordance with the schedule set forth on Appendix A attached hereto. Unless specifically provided otherwise on Appendix A or in a separate written agreement between Issuer and FirstSouthwest, such fees, together with any other fees as may have been mutually agreed upon and all expenses for which FirstSouthwest is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser. Section 6. Personnel. Edward D. Stull, Jr., Managing Director, will be assigned to work with County as Financial Advisor. If, for any reason, personnel assigned is changed or replaced, the County has the right to immediately terminate this Agreement. The County has the right to approve, disapprove, or request, for any reason, FirstSouthwest to replace any personnel assigned by FirstSouthwest to the account. Should the County make such 'a request, FirstSouthwest shall promptly suggest a substitute until a satisfactory substitute is selected. Section 7. Indemnification. To the fullest extent permitted by law, FirstSouthwest shall indemnify and hold harmless the County, its commissioners, 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 conduct of FirstSouthwest and other persons employed or utilized by FirstSouthwest in the performance of this Agreement. 7 93 Section 8. Insurance. FirstSouthwest shall not commence to perform the Services or Additional Services under this Agreement until it has, obtained all of the insurance required under this Agreement and such certificates of insurance have been approved by the County's Risk Manager. A certificate of insurance shall be provided to the County's Risk Manager for review and approval ten days prior to commencement of any work under this Agreement. The insurance company must have a rating by A.M. Best Company of at least A: V. Such certificates of insurance or an endorsement provided by FirstSouthwest must state that the County will be given thirty days' prior written notice prior to cancellation or material change in coverage. The County shall be named as an additional insured on all policies except workers' compensation. FirstSouthwest shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein, and the cost of such insurance shall be included in FirstSouthwest's fee. A. Workers Compensation and Employers Liability: Workers Compensation limits as required by the State of Florida and employers Liability limits of $500,000.00 disease (policy limit) and $100,000 disease (each employee). B. Commercial General Liability: Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include premises/operations, products/completed operations, contractual liability and independent contractors coverage. C. Business Auto Liability: Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. This is to include owned, hired, and non -owned autos. D. Professional liability: Minimum limit of $1,000,000 per occurrence. The County, through its Risk Manager, reserves the right to periodically review any and all policies of insurance and reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the County shall.provide FirstSouthwest with separate written notice of such adjusted limits and FirstSouthwest shall comply within thirty days of receipt thereof. The failure of FirstSouthwest to provide such additional coverage shall constitute a default by FirstSouthwest and shall be grounds for termination of this Agreement by the County. Section 9. Miscellaneous. A. The Background recitals are true and correct and form a material part of this Agreement. B County Designee. The County Administrator is hereby designed as the representative of the County. All work performed by FirstSouthwest pursuant to E 94 this Agreement shall be by the direction of the County acting through the County Administrator or his or her designee C. Independent Contractor. It is specifically acknowledged and agreed by the parties hereto that FirstSouthwest is and shall be, in the performance of all Services and activities under this Agreement, an independent contractor, and not an employee, agent or servant of the County All persons engaged in any of the Services performed pursuant to this Agreement shall at all times, and in all places, be subject to FirstSouthwest's sole discretion, supervision, and control. FirstSouthwest shall exercise control over the means and manner in which FirstSouthwest and its employees perform the Services, and in all respects FirstSouthwest's relationship and the relationship of its employees to the County shall be that of an independent contractor performing solely under the terms of the Agreement and not as employees, agents, or servants of the County. D. Governing Law; Venue; Attorney Fees. This Agreement shall be construed, governed and interpreted according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or arising out of this Agreement shall be in Indian River County, Florida or, in the event of federal jurisdiction, in the United States District Court for the .Southern District of Florida. Each party shall bear its own attorney fees in any dispute arising under this Agreement. E. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law, or in equity. Each right, power, remedy of the parties provided in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to enforce any provision of this Agreement, or the waiver thereof, in any specific instance by either party shall not be construed as a general waiver or relinquishment on its part of such provision in any other instance, and such provision shall nevertheless remain in full force and effect. F. Severability If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9 95 G. Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. H. No Pledge of Credit. FirstSouthwest shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. I Public Records Compliance. 1. Indian River County is a public agency subject to Chapter 119, Florida Statutes. FirstSouthwest shall comply with Florida's Public Records Law. Specifically, FirstSouthwest shall - a. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of FirstSouthwest upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. 2 Failure of FirstSouthwest to comply with these requirements shall be a material breach of this Agreement. J. Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service, or (c) Mailed by registered or certified mail 10 96 (postage prepaid), return receipt requested at the addresses of the parties shown below: If to County If to FirstSouthwest County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 Edward D. Stull, Jr. Managing Director FirstSouthwest 450 S. Orange Avenue, Suite 460 Orlando, FL 32801 Notices shall be effective when received at the address as specified above. Either party may change its address, for purposes of this section, by written notice to the other party given in accordance with the provisions of this section. K. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by FirstSouthwest shall survive the termination or expiration of this Agreement. L. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this Agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. M. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. N. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. O. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. P. Entire Agreement; Amendments. This Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject 11 97 matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by written amendment or other appropriate written document. IN WITNESS THEREOF, Issuer and FirstSouthwest have caused this Agreement to be executed in their respective names as of the date entered below. ATTEST: -Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (Affix Seal) Approved - By: Joseph A. Baird County Administrator BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("Indian River County") NM Bob Solari, Chairman Approved by BCC: January 19, 2016. Approved as to form and legal sufficiency- By: ufficiency By: D an Reingold County Attorney 12 FIRSTSOUTHWEST, a Division of Hilltop Securities Inc. By: Hill A. Feinberg, Chairman and Chief Executive Officer By: Edward D. Stull, Jr. Managing Director 98' APPENDIX A The fees due FirstSouthwest for the services set forth and described in this Agreement with respect to each issuance of Debt Instruments during the term of the Agreement shall be calculated in accordance with the schedules set forth below. A. With respect to compensation on a time and expenses basis, for non -bond related services, FirstSouthwest's hourly fee schedule, excluding out-of-pocket expenses is as follows. Position Managing Director/Director: Vice President: Assistant Vice President: Analyst/Associate: Administrative: Rate per Hour $175/hr. $120/hr. $120/hr. $120/hr. $40/hr. B. The fees due the FirstSouthwest for the services with respect to each issuance of Debt Instruments (bonds, bank loans, etc.) during the term of this Agreement shall be calculated in accordance with the schedule set forth below. Unless specifically provided otherwise herein or in a separate written agreement between the Issuer and FirstSouthwest, such fees, together with any other fees and may have been mutually agreed upon and all expenses, for which FirstSouthwest is entitled to reimbursement, shall become due and payable concurrently with the delivery of the Debt Instruments to the purchaser. $1.20 per $1,000 for the first $20,000,000 of debt instruments, plus $0.75 per $1,000 for amounts greater than $20,000,000 of debt instruments Minimum $15,000 per transaction C. The County shall be responsible for typical transaction related expenses if and when applicable, whether they are charges directly to the County as expenses or charged to the County by FirstSouthwest as reimbursable expenses. The payment of reimbursable expenses that FirstSouthwest has assumed on behalf of the County shall NOT be contingent upon the delivery of bonds and shall be due at the time that services are rendered and payable upon receipt of an invoice submitted by FirstSouthwest. Proposed charges may include items as listed below. - Travel, lodging and meals, provided travel occurs in coach - Courier services, facsimile, and photocopies - Conference call charges - Third party expenses, such as advertising, incurred on behalf of the County D. Fees for ancillary services including continuing disclosure, arbitrage rebate, asset management, structured products, pension and OPEB trusts, and non-traditional services will be based on a mutual agreed upon fee. 13 99 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of 96Dtty Commissioners From: Jason E. Brown ( pl� Director, Office of Manageent Budget Date: January 8, 2016 Subject: Miscellaneous Budget Amendment 011 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Each year it becomes necessary to "roll over" certain projects that were initiated in fiscal year 2014-2015 to the current fiscal year. In addition, the CIE projects approved by the Board of County Commissioners. on December 1, 2015 are included. The attached entry appropriates funding for these projects for fiscal year 2015-2016. 2. The Granicus software was purchased with Optional Sales Tax Funds, however, the training cannot be capitalized. The attached entry appropriates funding in the amount of $11,050 from Information Technology -Cash Forward -Oct 1St 3. On October 20, 2015, the Board of County Commissioners approved a FIND Project funding assistance agreement for the removal of eligible derelict vessels along the Intracoastal Waterway. Two additional vessels have been designated derelict and an amendment will be made to the FIND Agreement. The attached entry appropriates the grant and matching funds in the amount of $5,000 Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 011 and Resolution APPF*VED AGENDA IT rtl Jos ph A. Baird County Administrator 0 Indian River County Approved Date Administrator Legal Budget Department Risk Management FOR: January 19, 2016 101 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL UFFICIENCY -- BY COUNTY ATTORNEY 102 Exhibit "A" Resolution No. 2016 - Budget Office Approval. Budget Amendment: 011 Jason E.(Bro , Budget Direc or Entry Number i Fund/ Dep ent/Account Name Account Number Increase Decrease 1. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $145,501 $0 General Fund/Homeland Security Grant 001033-331200-15803 $12,777 $0 General Fund/Haz Mat Emergency Plan Grant 001033-334292 $915 $0 General Fund/FTA Sec 5307 -SR Resource Assoc Grant 001033-331410 $1,556,052 $0 General Fund/Sec 5311 -SR Resource Assoc Grant 001033-331423 $17,986 $0 General Fund/DOT Public Transit Block Grant 001033-334450 $227,662 $0 General Fund/FDOT Service Development Grant 001033-334420 $310,924 $0 General Fund/FDOT Transit Corridotr Grant 001033-334407 $117,786 $0 General Fund/FDOT Commuter Assistance Grant 001033-334415-54001 $66,083 $0 Total General Fund Revenue $2,455,686 MSTU/Cash Forward -Oct 1st 004039-389040 $72,010 $0 Traffic Impact Fees/Cash Forward -Oct 1st 102039-389040 $2,283,717 $0 Impact Fees/Cash Forward -Oct 1st 103039-389040 $2,189,614 $0 Section 8/FY 13 Tent Based Rental Assistant Grant 108033-331672-13806 $100,000 $0 Section 8/FY13 TBRA Grant -Admin 108033-331673-13806 $11,760 $0 Total Section 8 Revenue $111,760 Secondary Roads/FIND Round Island Grant 109033-337401-16015 $90,000 $0 Secondary Roads/DOT Scop Grant/CR 512/125th to 1-95 109033-334400-15814 $554,888 $0 Secondary Roads/FDOT Scop Grant/Old Dixie/71 st -CR51 0 109033-334400-14010 $1,425,001 $0 Secondary Roads/FDOT Scop Grant/Old Dixie/NCR-71st 109033-334400-12008 $136,821 $0 Secondary Roads/Cash Forward -Oct 1st 109039-389040 $3,995,722 $0 Total Secondary Roads Revenue $6,202,432 Transportation Fund/Cash Forward -Oct 1st 111039-389040 $30,000 $0 103 Exhibit "A" Resolution No 2016 - Budget Office Approval: Budget Amendment: 011 __( Jason Wrowudget Director Entry Number Fund/ Dep ent/Account Name Account Number Increase Decrease Emergency Services/Cash Forward -Oct 1st 114033-389040 $2,578,420 $0 Tree Ordinance Fine Fund/Cash Forward -Oct 1st 117039-389040 $100,000 $0 SHIP Program/Cash Forward -Oct 1st 123039-389040 $322,358 $0 MPO/FTA Sec 5309 Grant/Transit Hub 12420415-066510-10802 $1,123,506 $0 MPO/FDEP MILK Trail Grant 124033-331700-15014 $51,409 $0 Total MPO Revenue $1,174,915 Native Uplands/Cash Forward -Oct 1st 127039-389040 $50,000 $0 Florida Boating Improvements/FIND Head Island Grant 133033-337710-15009 $35,750 $0 Florida Boating Improvements/FIND Archie Smith Fish House Restortation 133033-337710-14004 $225,000 $0 Florida Boating Improvements/Cash Forward -Oct 1s 133039-389040 $230,021 $0 Total Florida Boating improvements Revenues $490,771 Fed/St Grants/HUDGrants/ HMIS Data #0418L4H091301 136033-331601-15802 $12,022 $0 Fed/St Grants/HUD Grants/ New Chronics #FL0119L4H091407 136033-331601-15807 $9,336 $0 Fed/St Grants/HUD Grants/Cocwide TRA #FL0113L4H091402 136033-331601-15810 $7,900 $0 Fed/St Grants/HUD Grants/HUD Shelter Plus 380C4H091000 136033-331601-12802 $6,601 $0 Fed/St Grants/HUD Grants/HMIS Expansion#FL0116L4H091407 136033-331601-15809 $3,000 $0 Fed/St Grants/HUD Grants/New Horrizons 1 #FL0120L4H091407 136033-331601-15808 $1,525 $0 Fed/St Grants/HUD Grants/HUD Alcohope FL0114L4H091407 136033-331601-15805 $1,426 $0 Fed/St Grants/HUD Grants/IR Chronics FL036OL4HO91405 136033-331601-15806 $199 $0 Total Fed/State Grants Revenue $42,009 Court Facility Surcharge/Cash Forward -Oct 1st 140039-389040 $213,634 Series 2006/1 -and Acquisition/Cash Forward -Oct 1st 145039-389040 $25,000 $0 East Gifford Stormwater MSBU/Cash Forward -Oct 1st 171039-389040 $19,000 $0 Gifford Streetlights/Cash Forward -Oct 1st 181039-389040 $50,000 $0 104 Exhibit "A" Resolution No 2016 - Budget Office Approval: Budget Amendment: 011 Jason E. Bpwn, udget Dire tor' 105 r Entry Fund/ Depar li�ne/nt/Account Name Account Number Increase Decrease Number Vero Lake Estates/Cash Forward -Oct 1st 185039-389040 $472,252 $0 Optional Sales Tax/FDOT-LAP Grant -Vero Lake Estates 315033-331400-15003 $1,211,453 $0 Optional Sales Tax/DOT SCOP Grant/Aviation Blvd 315033-334400-15018 $292,545 $0 Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $31,859,654 $0 Total Optional Sales Revenue $33,363,652 Total Revenue $52,247,230 Expense General Fund/County Attorney/Legal Services/All Aboard 00110214-033110-15023 $106,269 $0 Florida General Fund/County Attorney/Other Professional 00110214-033190-15023 $260 $0 Services/All Aboard Florida General Fund/Agencies/Economic Development Positioning 0011052--088010-14003 $20,500 $0 Initiative General Fund/Emergency Mgmt/Homeland Security 00120825-033490-15803 $11,777 $0 Grant/Other Contractual Services General Fund/Emergency Mgmt/Homeland Security 00120825-035110-15803 $1,000 $0 Grant/Office Supplies General Fund/Emergency Mgmt/Hazmat Grant/Other 00120825-035290-06807 $3,100 $0 Operating Supplies General Fund/Parks/Other Operating Supplies 00121072-035290 $5,000 $0 General Fund/Facilities Management/Legal Service -Admin 00122019-033110-13011 $11,287 $0 Roof General Fund/Agencies/Comm Transp Coordinator/Senior 00111041-088230-54001 $740,441 $0 Resource Association General Fund/Agencies/Senior Resource Association/Other 00111041-066490-54001 $1,556,052 $0 Equipment & Machinery Total General Fund Expenses $2,455,686 MSTU/County Attorney/Legal Services/FMPA-COVB Electric 00410214-033110-15024 $12,789 $0 MSTU/County Attorney/Other Professional Services/FMPA- 00410214-033190-15024 $8,000 $0 COVB Electric MSTU/County Attorney/All Trave/FMPA-COVB Electric 00410214-034020-15024 $2,000 $0 MSTU/Road & Bridge/Other Contractual Services 00421441-033490 $49,221 $0 Tota MSTU Fund Expense $72,010 1 105 Exhibit "A" Resolution No 2016 - Budget Office Approval:` Budget Amendment: 011 Jason E. Blown,) Budget Direct Entry Number Fund/ Depa m 4t/Account Name Account Number Increase Decrease Traffic Impact Fee/District I/ROW/CR 510/55th Ave to IR 10215141-066120-05023 171,799 $0 Traffic Impact Fee/District I/CR 510/55th Ave to IR 10215141-066510-05023 492,750 $0 Traffic Impact Fee/District II/37th Street/ US 1 to IR Blvd 10215241-066510-13009 $431,445 $0 Traffic Impact Fee/District II/26th St/43rd-58th Ave 10215241-066510-06011 $30,033 $0 Traffic Impact Fees/District III/ROW/Oslo Road -66th Ave 10215341-066120-13005 $317,831 $0 Traffic Impact Fees/District III/Oslo Road -66th Ave 10215341-066510-13005 $839,859 $0 Total Traffic Impact Fee Expense $2,283,717 Impact Fees/Emergency Services/Station # 14 10312022-066510-15015 $47,891 $0 Impact Fees/Parks/Other Improvements Except Bldgs 10321072-066390 $25,000 $0 Impact Fees/Parks/South County Intergenerational Facility 10321072-066510-03028 $750,000 $0 Impact Fees/Parks/North County Soccer Improvements 10321072-066390-16005 $100,000 $0 Impact Fees/Parks/Sporting Clays Course 10321072-066510-12001 $366,723 $0 Impact Fees/Public Buildings/Land 10322019-066110 $400,000 $0 Impact Fees/Law Enforcement -Sheriff Capital 10360021-099040-06048 $500,000 $0 Total Impact Fee Expense $2,189,614 Section 8/Regular Salaries/TBRA Grant 10822264-011120-13806 $4,000 $0 Section 8/Overtime/TBRA Grant 10822264-011140-13806 $1,200 $0 Section 8/Social Security Matching/TBRA Grant 10822264-012110-13806 $325 $0 Section 8/Retirement Contribution/TBRA Grant 10822264-012120-13806 $400 $0 Section 8/Workers Compensation/TBRA Grant 10822264-012140-13806 $10 $0 Section 8/Medicare Matching/TBRA Grant 10822264-012170-13806 $100 $0 Section 8/All Travel/TBRA Grant 10822264-034020-13806 $1,200 $0 Section 8/All Office Supplies/TBRA Grant 10822264-035110-13806 $3,525 $0 Section 8/Tuition/Registration Fees/TBRA Grant 10822264-035430-13806 $1,000 $0 106 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Jason E. Budget Amendment: 011 Fund/ Depa m� t/Account Name Account Number Increase Decrease Section 8/Rental Assistance Payments/TBRA Grant 10822264-036730-13806 $100,000 $0 $111,760 Total Section 8 Expense Secondary Roads/Road & Bridge/Round Island 10921441-066510-16015 $182,000 $0 Improvements Secondary Roads/CR512 Resurfacing/125th to 1-95 10921441-053360-15814 $739,850 $0 Secondary Roads/Road Resurfacing 10921441-053360 $972,629 $0 Secondary Roads/45th St Beautifcation 921441-066510-03023 $1,321,131 $0 Secondary Roads/Old Dixie Highway Resurf/NRC-71st1�1 10921441-053360-12008 $136,821 $0 Secondary RoadsNero Lake Estates Millings 10921441-066510-06060 $250,000 $0 Secondary Roads/Old Dixie Resurfacing/71st to CR 510 10921441-053360-14010 $2,600,001 $0 $6,202,432 Total Secondary Roads Expense Funds/Traffic Engineering/Traffic Signals 11124541-066400 $30,000 $0 Transportation Emergency Services/Fire Rescue/EMS County Awards 11412022-066910 $15,131 $0 Capital Emergency Services/Fire Rescue/Modular Buildings- 11412022-066290-15020 $54,395 $0 Stations 1 & 7 Emergency Services/Fire Rescue/Modular Building -Stations 11412022-035290-15020 $45,000 $0 1 & 7 Operating Emergency Services/Fire Rescue/Station # 7 Rennovations 11412022-066510-15008 $499,800 $0 Emergency Services/Fire Rescue/Station #13 11412022-066510-08006 $47,094 $0 Emergency Services/Fire Rescue/Other Operating Supplies 11412022-035290 $18,537 $0 Services/Fire Rescue/Uniforms &Clothing 11412022-035240 $22,990 $0 Emergency Services/Fire Rescue/Machinery &Equip 11412022-066490 $151,855 $0 Emergency Emergency Services/Fire Rescue/EDP Equipment 11412022-066470 $3,991 $0 Emergency Services/Fire Rescue/Communications 11412022-066450 $15,073 $0 Equipment -All Emergency Services/Fire Rescue/Automotive 11412022-066420 $.199,554 $0 Emergency Services/Fire Rescue/Other Improvemensts 11412022-066390 $5,000 $0 Except Bldgs Emergency Services/Fire Rescue/Station # 1 Rennovations 11412022-066510-15007 $1,500,000 $0 107 Exhibit "A" Resolution No 2016 - Budget Office Approval Budget Amendment: 011 Jason E. Brow , Budget Director [HR] Fund/ DeLartm'ent/Account Name Total Emergency Services Expense Account Number ase E$2,578,420 Decrease Entry Number Tree Ordinance Fine Fund/Parks/Landscape Materials 11721072-034340 $100,000 $0 SHIP Program/Impact Fee Loan/New-Rehab 12322869-088040 $100,000 $0 SHIP Program/Purchase Assistance Loan 12322869-088050 $100,000 $0 SHIP Program/Rehab Loan -Owner Occupied 12322869-088070 $110,000 $0 SHIP Program/Loan Processing Charges 12322869-088960 $12,358 $0 Total SHIP Expense $322,358 MPO/Planning/Transit Hub Project 12420415-066510-10802 $1,123,506 $0 MPO/Planning/MLK Walking Trail 12420415-066510-15014 $51,409 $0 Total MPO Expense $1,174,915 Native Uplands/Parks/Other Contractual Services 12721037-033490 $50,000 $0 FI Boating Improvements/Parks/Head Island Restoration 13321072-033490-15009 $169,771 $0 FI Boating Improvements/Parks/Archie Smith Fish House Restoration 13321072-066510-14004 $225,000 $0 FI Boating Improvements/Parks/Round Island Improvements 13321072-066510-16015 $96,000 $0 Total FI Boating Improvements Expense $490,771 Fed/State Grants/Rental Assistance/HUD Shelter Plus 380C4H091000 13616364-036730-12802 $6,601 $0 Fed/State Grants/Rental Assistance/HUD Alcohope FL0114L4H091407 13616364-036730-15805 $1,426 $0 Fed/State Grants/Rental Assistance/IR Chronics FL0360L4H091405 13616364-088871-15806 $199 $0 Fed/State Grants/Rental Assistance/HUD HMIS Data #04181-41-1091301 13616364-088871-15802 $12,022 $0 Fed/State Grants/Rental Assistance/New Chronics #FL0119L4H091407 13616364-088871-15807 $9,336 $0 Fed/State Grants/Rental Assistance/New Horizons 1 FL0120L4H091407 13616364-088871-15808 $1,525 $0 Fed/State Grants/Rental Assistance/HMIS Expansion #FL0116L4H091407 Fed/State Grants/Rental Assistance/COCWIDE TRA #FL0113L4H091402 13616364-088871-15809 E$3,0 $0 13616364-088871-15810 0 $0 Total Fed/State Grants Expense $42,009 [HR] Exhibit "A" Resolution No. 2016 - ( -- Imo- Budget Amendment: 011 Budget Office Approval: ( 'town, Budget Director Jason E. 7 Entry Fund/ DepabM 4t/Account Name Account Number Increase Decrease Number Court Facility Surcharge/Facilities Maint/New Courtroom 14022019-066510-12009 $213,634 $0 Series 2006 Land Acquisition/Other Improvements Except 14514639-066390 $25,000 $0 Buildings East Gifford Stormwater MSBU/Drainage System/ 17128041-066340-15017 $19,000 $0 Gifford Streetlights/45th Street Beautification 18128041-066510-03023 $50,000 $0 Vero Lake Estates/Road & Bridge/Millings 18521441-035510 $472,252 $0 Optional Sales Tax/Parks/Gifford Park Improvements 31521072-066390-14006 $20,000 $0 Optional Sales Tax/Parks/Sporting Clays Course 31521072-066510-12001 $1,000,000 $0 Optional Sales Tax/Parks/South County Intergenerational 31521072-066510-03028 $4,400,000 $0 Facility Optional Sales Tax/Road & Bridge/1st SW/27th Ave turn 31521441-066510-05012 $1,600,000 $0 lane Optional Sales Tax/Road & Bridge/1st SW/43rd Ave turn 31521441-066510-05014 $2,190,964 $0 lane Optional Sales Tax/Road & Bridge/20th Ave/16sth St turn 31521441-066510-05032 $998,736 $0 lane Optional Sales Tax/Road & Bridge/13th St SW Bridge@58th 31521441-066510-03024 $412,494E$O Ave Optional Sales Tax/Road & Bridge/66th Ave/SR60 -49th 31521441-066510-06040 $1,011,993 Optional Sales Tax/Road & BridgeNLE Sidewalks 31521441-066510-15003 $1,221,046 Optional Sales Tax/Road & Bridge/Aviaiton Blvd 31521441-066510-15018 $503,240 $0 Optional Sales Tax/Road & Bridge/ROW SR 60/58th Ave 31521441-066120-16007 $388,865 $0 Optional Sales Tax/Fire Rescue/P25 compliance 31512022-066510-16004 $1,000,000 $0 Optional Sales Tax/Parks/Other Improvements Except Bldgs 31521072-066390 $150,000 $0 Optional Sales Tax/Facilities Maint/Displaced courtroom 31522019-066290 $2,000,000 $0 Optional Sales Tax/Facilities Maint/New Courtroom 31522019-066510-12009 $1,000,000 $0 Tax/Facilities Maint/ New Admin Roof SE 31522019-066510-16003 $2,000,000 $0 EOptionalSales Tax/Public Works/East Gifford Drainage 31524319-066340-15017 $176,728 $0 Optional Sales Tax/Facilities Maint/Land for future Public 31524319-066110 $400,000 $0 Bldgs Optional Sales Tax/Facilities Maint/New HVAC Controls 31522019-066390 $205,454 $0 109 Exhibit "A" Resolution No. 2016 - 110 Budget Amendment: 011 Budget Office Approval. Jason E. row Budget Director Account Number Increase Decrease Entry Fund/ Dep nt/Account Name $0 Number Assoc/Bus Shelters 31511041-066510-54001 $ 5,141 Optional Sales Tax/Senior Resource $4,400,000 $0 Intergenerational Facility 31521072-066510-03028 Optional Sales Tax/Parks/SC $0 Range Sporting Clays 31521072-066510-12001 $1,000,000 Optional Sales Tax/Parks/Shooting $0 31521072-066390 $150,000 Optional Sales Tax/Parks/Conservation Areas $0 Tax/Parks/Other Improvements Except Bldgs 31521072-066390 $100,000 Optional Sales 31522019-066290 $2,000,000 $0 Optional Sales Tax/Facilities Maint/Other Buildings $0 Sales Tax/Facilities Maint/New Courtroom Facilities 31522019-066510-12009 $1,000,000 Optional Sales Tax/Facilities Maint/Admin Complex Roof 31522019-066510-16003 $2,000,000 $0 Optional Replacement Sales Tax/Facilties Maint/Other Improvements 31522019-066390 $205,454 $0 Optional Except Buildings00,000 31524319-066110 � $0 Optional Sales Tax/Public Works/All Land $0 31530086-099020 $31,870 Optional Sales Tax/Budget Transfer -Clerk of Court $0 31560086-099040 $925,000 Optional Sales Tax/Sheriff-Law Enforcement $0 Sales Tax/Supervisor of Elections/Other Machinery 31570019-066490 $466,667 Optional & Equipment $33,363,652 Total Optional Sales Tax Expense $52,247,230 Total Expenses 2, Revenue 505039-389040 $11,050 $0 Information Technology/Cash Forward -Oct 1st Expense Trasnfer-Clerk of 50530086-099020 $11,050 $0 Information Tech ology/Clerk/Budget Court 110 Exhibit "A" Resolution No. 2016 - Budget Office Approval. Budget Amendment: 011 Jason E. Bro}vn, `1udget Directo Entry Fund/ Departa Account Name Account Number Increase Decrease Number 3. Revenue Florida Boating Improvements/Intergovernmental/FIND 133033-337710-16002 $3,750 $0 Derelict Vessel Removal Florida Boating Improvements/Non-Revenue/Cash Forward 133039-389040 $1,250 $0 Oct 1st Total Revenues $5,000 Expenses Florida Boating Improvements/Parks/Other Contractual 13321072-033490-16002 $5,000 $0 Services/FIND Derelict Vessel Removal 111 INDIAN RIVER COUNTY, FLORIDA FF DEPARTMENT OF UTILITY SERVICES Date: January 11, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Gordon Sparks, P.E., Environmental Engineer Arjuna Weragoda, P.E., Capital Projects ManagerO�,-, �Aw Subject: Final Payment to Blue Goose Construction for Water Main Loops in the Highlands and Falcon Trace DESCRIPTIONS AND CONDITIONS: On October 13, 2015 the Board of County Commissioners (BCC) approved Work Authorization No. 2015- 003 to Blue Goose Construction in an amount of -$101,954.60 to construct water .main loops to serve three areas in the Highlands and Falcon Trace subdivisions. ANALYSIS: The construction has been completed, the FDEP issued a clearance letter dated November 11, 2015 to place the facilities into service and the project was inspected and accepted by the Utility Department construction inspector. Application for Payment No. 1 Final for $ was received on January 11, 2016. The total cost of the labor for the project was $88,613.69 or $13,340.91 less than approved for the construction. The project is now complete has been placed into service. FUNDING: Funding for the project is derived from the capital fund in the operating budget and the R&R fund in the operating budget. Operating funds are derived from water and sewer sales. The actual costs for construction of each of the three water main loop completions is as follows: ACCOUNT NAME ACCOUNT NUMBER AMOUNT Sunrise Dr. SW (21St Street SW) 47123536-044699-15508 $42,417.36 Falcon Trace South of 19th Place SW 471-169000-15507 $16,236.73 20th Avenue South of 21St Street SW 471-169000-15509 $29,959.60 Page 1 of 2 112 RECOMMENDATION: Staff of the Department of Utilities Services recommends that the Board of County Commissioners approve Application for Final Payment in the amount of $88,613.69 from Blue Goose Construction for the three water main loop completions. Payment of $88,613.69 to Blue Goose Construction will release any further obligation to the contractor by the County. ATTACHMENT(s): 1. Application for Final Payment from Blue Goose Construction APPROVED FOR AGENDA: By: Jose A. Baird, County Administrator or: % 40k to Indian River Co. A roved Date Administration I /y Legal Budget Istiz Utilities 12 Iv Utilities-FinanceLP, 1 f 7 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Water Main Loops - 2014-2015\IRC - 20th Ave. at 21st St. SW and Falcon Trace WM Loops\OA - Agenda for Final Pay to Blue Goose revised cmc.doc 113 SECTION 00622 - Contractor's Application for Final Payment Application for Payment No. 1. For Work Accomplished through the period of 9/20/2015 through 9/23/2015 To: Indian River County – Dept of Utilities (OWNER) From: Blue Goose Construction. LLC (CONTRACTOR) Contract: 2015001 Project: The Highlands & Falcon Trace Water Main Loop Completions OWNER's Contract No. ENGINEER's Contract No. ENGINEER Mr. Gordon Sparks. (f);Attach detail" i:s- f, aciule and copies"gf`all paid :invoices! 1. Original Contract Price: $88,613.69 2. Net change by Change Orders and Written Amendments (+ or $0.00 3. Current Contract Price (1 plus 2): $88,613.69 4. Total completed and stored to date: $88,613.69 5. Retainage (per Agreement): • of completed Work: $ • of retainage: $ — Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $88.613.69 7. Less previous Application for Payments: $0.00 8. DUE THIS APPLICATION (6 MINUS 7): $88,613.69 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. The acceptance of final payment shall be and shall operate as a release of the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with this Work and for every act and neglect of the OWNER and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or his sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. Dated 9/24/2015 r L--- — ' (CONTRACTOR) By: R.S. Holmes State of County of SA LlxX-k- — Subscribed and sworn to before me this day of Q—g \ Notary Public to` t Ia My Commission expires: l Cecile Rose Help NOTARY RUt3 X STATE OF FUINDA Corm FF244M E>Pires g/29/2019 1092 - 1094 Highland & Falcon Trace WM Loop Q 00622-1 F:\USERS\COMMON\Blue Goose Construction\t-Projects\1- Projects Awarded\INDIAN RIVER UTILITIES LABOR CONTRACT\Bllling\1092 -1094 Highland 8 Falcon Trace WM Loop v2.doc Rev 05101 114 CERTIFICATION OF ARe OR CO ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (AReMfiECT / ENGINE€ ) SIGNATURE CERTIFICATION OF ENGINEER L1A1SA[-��R: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated l . I tl— Accompanying Documentation: i (ARG 44- T / GI • ER) SIGNATURE * * END OF SECTION * * 1092 - 1094 Highland & Falcon Trace WM Loop v2 00622-2 F:UISERSICOMMOMBIue Goose Constniction\1-Projects%1 • Projects AwardedUN01AN RIVER UTILITIES LABOR CONTRACT01lingk1092 -1094 HigNand & Falcon Trace W M Loop v2.doc Rev. 05!01 115 [TOTAL P.Jm Lbw sad mmrhb far Tbree 1—.U- 116 L-11 KDMATIR— C--111.1- Fit— —RCOIITRA-OR'l 111 —.11 Ll - LABOR COT TRACTOR - BLUE GOOSE CONSTRUCTION Project : The Highlands & Falcon Trace Water Main Loop Completions L18"R CW xarFlutu -sw I- 'WAassr 61- 21* Sleek SW VIM LiV C— 0J". Irwa116' PVC Will20 , m 07b :Ms-WjHLpp s s w" fan a) 09 4�11 M.:b.-.1 R- in Dl Fk!. —TON 4 9 _J�Ij��.W S49! OD.— '6 i J Tear Holes I Pvible, i in EA. - --- - ------ -- -- — ----- ...... .. . . 5250 M' T!,XriM W LF j $1 10 swon Jim, 2 EA F04: __IkwtjReMe! _Tqf!sv�_4 ___ 1275110 I"- TgL. e_js�m s.,qp;qpsL.,TAq4 fm 0 EA _555000 ";a 300 Only ; $67500 J, on Rha 'Sod M -1w Only I LS 84, Wfl!��m 5 up 2 Win 00' _ ___T --- _.. .-- .. LS FAb WO P= - 14 E, —.S3 1.1" _f7qqqOD 7— 03 511- S350.00 i at--U_527,ZMW 91 ;MObdOfOgL Demab" MOT II 10M. S2.7231,60 !L.—b Donb. ad MOS. I so CA, For. A—.:ntCDUS Cmi.pocy Action it 0 Y. "y NN 21— it ... .... .. 07' 336 IF S49 93' 5 6_74 9 it) 16, saw 0.6 TON 54 too 00' 13 EA -1230 .00 __sJ M no 29. Waer Main ._ 30b ;laA S"le Point per Com. Duail. P.— After FDEP _.—_.___._.__-1_______. 2 EA S17500 1554 no d. !Sod Material ct!y Ls 5825 m' fN1S M X8blie wtt 14 I EA. 19) $35001) EA. 99, 'L�bw per Mw Now (EqWp A Operator 13 _%25 53GI.002 ssosjiai Sdt.W kwm L2b= wA Materials 1.60 ;Mownat— mat SIX] 76 Force Act:ert. 11RCDUS Ctnitiapney Account l 0 50.0f) 01c ;1frinall 6' PVC Wow Mai. I 6 LF 5600 53K.00 19c We Val,. EA. slonn532000 C_300 MaaiaW 1-$* Kiia sw fadraw—) Im 60211 N. PVC Wale, Main 20.0 LF Install'S' HOPE D,,m'—i Drill tncftdig Fum Or7c a. of Pipe and W ,A SS LF f7911� 2111.11 16. i J hmig MAtt Tap, qvLXA�_dm x 60 EA. Molt; 27 T1p. RRIF Mks 1F:..1QPMEEM t leg LF I I LIL: W nq EA 5213 Mme—..3370 M 0 1 EA f IXI OU.Stiou _1ON --- !J,1o'MI, MOD S—.a—tk SO�o SF _ f 1901 593 M R- 20n $25, .94 TON n—ML-an 400 sy) On $225, L-ktM1*aL0MdA!L*jLSf A.�Lust m) 590D fX) !sal M! 91 1 WIL Ls $300 S.%M 0) !well Point 2 EA. —!—I. S14AS9.75 it iWbilitarm. IkenabihzatiotL Min 1 10% fl Y.1 91 faf itd WAMITLad, 1 $16158,73 0 ___._t'!—__1___— 01c 'Jasig 6'PVC Water Main 13 LF 5600 17900 fl 73 fw41w Mbar sob 1-1, (Separately) for Tbm 10 se, ns sashu.69 [TOTAL P.Jm Lbw sad mmrhb far Tbree 1—.U- 116 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 31, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Art Pfeffer, Project Manager 10? Arjuna Weragoda, P.E., Capital Projects Manager Aw Subject: Final Payment to MMT for Route Survey for Fischer Lake Island Water Assessment Project—UCP #4118 DESCRIPTIONS AND CONDITIONS: 2G-% On August 18, 2015 the Board of County Commissioners (BCC) approved Work Order No. 3 for a lump sum amount of $22,870.00 to retain Masteller, Moler and Taylor (MMT) for surveying services. ANALYSIS: Now that the design is 90% complete by in-house staff and the surveying work to supplement the design was completed satisfactorily, MMT is requesting Final Payment. Payment in the amount of $7,432.75 will release retainage and will complete the County's obligation to the Consultant. FUNDING: Funding for the project is derived from the Assessment Fund. Operating fund revenues are generated from connection fees paid by the benefitting property owners. Engineering and design was provided by the Department of Utility Services. Account Name Account Number Amount Fischer Lake Island Assessment 473-169-000-15525 $5,717.50 Retainage MMT 473-206000-15525 $1,715.25 117 RECOMMENDATION: Staff of the Department of Utilities Services recommends that the Board of County Commissioners approve Application for Final Payment in the amount of $7,432.75 to MMT. ATTACHMENT(s): 1. Application for Final Payment from MMT. APPROVED FOR AGENDA: By: Jose ' t A. Baird, County Ad inistrator i Indian River Co. Ap ve Date Administration bo Legal Budget ((3 Utilities t µ Utilities -Finance t fit, C:\Users\Aobertautsch\Desktop\Agenda For Final Pay MMT 12-31-15.Doc 118 Masteller, Moler & Taylor, Inc. 1655 27th Street, Suite 2 Vero Beach, FL 32960 Phone: 772-564-8050 Fax: 772-794-0647 QCr Q15 a -mail: dt5243@bellsouth.net Invoice To: Indian River County Utilities Dept. Mr. Arjuna Weragoda 1801 27th Street Vero Beach, FL 32960 ob Description: Invoice #: 4246-14552 Date: 10/27/2015 Project ID: 7002 Terms: Net 30 Days Professional surveying services rendered through 9/30/15 to perform a Right -of -Way and Topographic Survey in support of the Fischer Lake Island Water Improvements Project, Indian River County Work Order #3 for Professional Services Agreement Annual Surveying & Mapping/GIS Services Contract No. 1333 2014-2015. Contract Amount: $22,870.00 @ 100% Complete......................$22,870.00 (Less previous invoice 75% Complete).....................................($17,152.50) $ 5,717.50 Retainage held to date..............................................................$ 1.715.25 Total Amount Due ........................ 7,432.75 ---------------------------- --------` -13 =1tA000 :) ss --------------- ----------------------- Make Checks Payable to Masteller, Moler & Taylor, Inc. Please remit a copy of this invoice with your payment. Thank You! Please Note No final documents or drawings will be released without payment in full All payments are due upon receipt. All accounts past 30 days will be subject to 2% monthly interest and a $25 administrative service fee will also be charged for each monthly Statement of Account issued after the work is completed or suspended by either party Accounts past 45 days will be subject to lien, unless other arrangements were made at time Contract was signed (See Contract Standard Conditions) 119 ?P INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, I ; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Developmentf/V DATE: January 8, 2016 SUBJECT: Diamond Court West FL, LLC's Request for Final Plat Approval for a Plat -Over Site Plan Single -Family Development to be known as Lily's Cay [SD -15-05-07 / 2006030269-742731 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2016. DESCRIPTION & CONDITIONS: Lily's Cay is a plat -over site plan project that consists of 53 single-family units on 16.20 acres, and is located at the northwest corner of Indian River Boulevard and 41 st Street. The property is zoned RM -6, Residential Multiple -Family (up to 6 units/acre), and has an M-1, Medium Density Residential (up to 8 units/acre) future land use designation. The density for Lily's Cay is 3.27 units per acre. On March 27, 2014, the Planning and Zoning Commission granted major site plan and preliminary plat approval for the development project under the name "Diamond Court West." The project name has since been changed to "Lily's Cay." As of this time, the applicant has built 97.7% of the required projectimprovements, and has "bonded -out" for the remaining 2.3% of the required improvements. The applicant has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. An Engineer's Certified Cost Estimate for the final lift of asphalt; 4. An executed Contract for Construction of Required Improvements, with an executed cash deposit and escrow agreement, and $49,113.14 in the form of a check; and F\Community Development\CurDev\Final Plats\BCC staff reports\2016FPrp1s\Li1y'sCaySD-15-05-07.docx 120 5. A separate executed Contract for Construction for Final Lift of Asphalt, with an executed cash deposit and escrow agreement, and $58,126.81 in the form of a check. The Board is now to consider granting final plat approval for Lily's Cay. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" the remaining 2.3% of required project improvements (drainage, landscaping, roadways). In addition, a final lift of asphalt will be provided after all required improvements are completed and a Certificate of Completion is issued as allowed in Section 913.10(1)(F). A separate contract and financial security are provided to guarantee the installation of the final lift of asphalt. Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements and the final lift of asphalt. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements, the Contract for Construction for Final Lift of Asphalt, and the Cash Deposit and Escrow Agreements. The contracts for construction and security arrangements, which represent 125% of the estimated cost to construct the remaining required improvements and the final lift of asphalt, have been executed by the County Administrator and will be effective upon final plat approval. Cash in the amount of $49,113.14 for the remaining required improvements, and $58,126.81 for the final lift of asphalt, has been deposited into escrow with the County. It should be noted that all improvements within Lily's Cay will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Lily's Cay. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements with Cash Deposit and Escrow Agreement 5. Contract for Construction for Final Lift of Asphalt with Cash Deposit and Escrow Agreement APPROVED AGENDA ITEM: FOR; Indian River Co, ApDizayed Date Admin. //&Z /,� Legal Budget + 171L .-/ 1/4 1 G Dept. 1 f'i /b Risk Mgr. FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\Lily'sCaySD-15-05-07.docx 2 121. r. '1 FINAL PLAT (PLTF) APPLICATION'.:— •''J • J PROJECT NAME PRINT): Lily's Cay at Vero Beach (f/k/a Diamond Court�-West) r . Jai NOTE: THIS IS THE NAME THAT WILL BE USED FOR ALL REFERENCE TO THISLPROJECT (SUCH AS "WOODY BIG TREE SUBDIVISION"). PrO F` �Oa4,O3Dz�y- 7 ��3 CORRESPONDING PRELIMINARY PLAT PROJECT NAME AND PLAN NUMBER: Diamond Court West PROPERTY OWNER: (PLEASE PRINT) AGENT (PLEASE PRINT) Diamond Court West FL, LLC Masteller & Moler, Inc. NAME NAME 448 Viking Drive, Suite 220 ADDRESS Virginia Beach, Virginia 23452 CITY, STATE, ZIP (757) 463-5000 ext. 308 PHONE NUMBER raymond@lmssi.com EMAIL ADDRESS rmond Gottlieb CONTACT PERSON 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER mastmolr@bellsouth.net EMAIL ADDRESS Stephen E. Moler, P.E. CONTACT SIGNATURE OF OWNER OR AGENT PROJECT ENGINEER: (PLEASE PRINT) Masteller & Moler, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER(s) mastmolr@bellsouth.net EMAIL ADDRESS PROJECT SURVEYOR: (PLEASE PRINT) Masteller, Moler & Taylor, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (722) 564-8050 PHONE NUMBER(s) dt5243@bellsouth.net EMAIL ADDRESS Stephen E. Moler, P.E. David M. Taylor, PSM CONTACT PERSON CONTACT PERSON 1801 27"' Street, Vero Beach FL 32960 ATTAC H HENT 1, FACommunity Development\Users\AuDcv\Applications\FinalPlatApplication.doc Revised January 2011 1 of 3 122 SITE PARCEL TAX ID#'S: 32392600000100000008.0, 323925000003 00000004.0, 32392500000300000005.0 COUNTY LAND DEVELOPMENT PERMIT (LDP) #: 2 0 0 6 0 3 0 2 6 9- 7 2 0.5 2 DATE LDP ISSUED: 4/22/14 ZONING: RM -6 FLUE: M-1 TOTAL (GROSS) ACRES: 16.20 TOTAL NUMBER OF LOTS: 53 AREA OF DEVELOPMENT (NET) ACREAGE: 16.20 DENSITY (UNITS PER ACRE): 3.2 7 "PLEASE COMPLETE SUBMISSION CHECKLIST" NOTE: "N/A" should be marked in the "YES" column if "Not Applicable" MATERIAL YES NO 1. Fee - $1400.00 (checks payable to Indian River County) x 2. Completed Final Plat Application Foran x 3. Ten (10) Copies of the Final Plat (Must be signed and sealed by surveyor) x 4. Letter of Authorization (if applicant is not owner) 5. Letter from developer providing timeline for achieving the ` 75% completion threshold for the overall subdivision improvement x 6. ONE OF THE FOLLOWING SETS OF REQUIRED IMPROVEMENT DOCUMENTS: CONSTRUCTION COMPLETE - BUILD OUT: (a) Certificate of Completion from Public Works or copy of letter to Public Works and Utilities requiring inspection of improvements. N/A IF IMPROVEMENTS ARE DEDICATED TO THE PUBLIC: (b) Original Engineer's Certified Cost for Improvements(signed and sealed) N/A Failure to provide information on which option is being selected may result in a delay in processing the application. OR 1801 27h Street, Vero Beach FL 32960ATTACHMENT 1 123 FACommunity Development\UserslCwDevlApplications\FinalPintApplication doe Revised January 2011 2 of 3 i CONSTRUCTION INCOMPLETE - BOND OUT: (a) Original Engineer's Certified Cost Estimate for Improvements (signed and sealed; note items to be completed or percent completed at 75% threshold for overall subdivision). (b) Statement that improvements are nearing completion and a certificate of completion will be obtain prior to final plat approval 7. Copies of Documents to be recorded with the final plat: a. Covenants, Deed Restrictions, Bylaws, etc. or Statement There Are None b. Property Owner's Association Articles of Incorporation or statement indicating why recording of POA is NOT required. N/A x x x 180127 1h Street, Vero Beach FL 32960 ATTACHMENT 1 124 FACommumity DevelopmentlUsers\CurDevWpplications\FinalPlatApgiication.doc Revised January 2011 3 of 3 TR_ to >05 I", I,-q I-- 9d 95 15 1!S, I", °9 15d 151 15z 153 1@d tps 155 S.w \ TR4 CT 3 1 2 6 l 6 S 7 L P 1^. 1�1 14 1C 1d U 32392600016000000000.0 '�DW,F.!GND-5 •- --1` _ ••� `t rTFU ��':9 1rJ !4 d4 .14 1dT 2 1i � U' STORM,MTER I I X �� STORM)AMTER 1R •- ❑ TRACT 1 r 4�,� NTRACT 1 32392500005000000000.232392600016000000000.2 J •—�` RM -8 \err d :] nr f -O +!j% db d5 dt d5 l5 20 n I• It1V1 j - J If �+ R:lR\ZATl�4 SND C IP, T00X 11.5 1 M 1 _X.ZL w 9 10 114 C �W/ 6 L 15 13 �� 26 ) 2e m 14 20 6 S 16 m31 RM,m X I X32 _ TRACT 2 d 14 71 :r_ RM_ s 3:1i 20 034 --I� 16 R7 G TR 19- —JTRZ CT 8I 41;ST 5T-(SS_GIF D MED Project Site 52392600000100000008,0 RM -6 32392500000700000001.7 32392500000300000005.1 RM -8 32392500000300000005.0 MED 332392500000500000002.0 \y� U INFORMATIONAL MAP -NOTA SURVEY I Location Map �a••r.c �r .e ney �• nd ounnr�e. o enu Fr N 9 Ic r" co SMALL BE RIE RE5Pd9B'[/TY OF RC LOTAPRORRTY OWXWS) AMD NOT ^VAN RLKR COWrY. L1L Y'S CA Y AT VERO BEACH SHRUBS WU BE PLACED M I)A ;QTY — A�V.VP 2) MOTM TITRE MAYBE ADDIROIAL RESTRCirdS INAr ARE NOT A PLAT OF LANDS LOCATED IN OED d RIS PUT iNA7 MAY E LXD IN TPC PUBLIC REC[RDS IX nos Cowry. co RIS SEC770NS 25 AND 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST 3) MOVE ROU7M£ MAINTENANCE (E.G. MowD EM) Or EASEMENTS INDIAN RIVER COUNTY, FLORIDA SMALL BE RIE RE5Pd9B'[/TY OF RC LOTAPRORRTY OWXWS) AMD NOT ^VAN RLKR COWrY. TNIS INSTRUMENT WAS PREPARED BY DAWD TA ICOR — I ADRCL.• TI/S PLA I, AS RECORDED M /7S OPAPMGL FORM, Is THE l'1 SET NAIL/DISK STAMPED P.C.P. LB 4644 1655 2UIN SIRECI, SUITE 2, VERO EACH, rL ACA".. APANOONFD AL DEPCTId CL• TIE SUBDIVDED LANDSDESCRIBED PERLIN AND WLL — PPKWE 772-564-8050 FAX 772-791-0647 MCINAL PREPARA DOTE OA IT, FEBRUARY 20, 2015 BM BENCH MARK W CR NO CU/STANGES BE 9 M APPLANTFD AUn=TY BY ANY OWER CCR CFRVF7E0 CORNER RECORD INR) . NON RADIAL CH CHORD GRAPHC OR QOTAL FORA Or TAC RAT. CHB- CHORD BCARIN,^ PB PLAT POCK CM . CCWCRCTr MONUMFNr S) NOTICL` NO BLAOM4 FERMI MRL E w" FOR ALL d ANY POR/AOY COR, CORNCP PC PONT OF CURVE L 6 DETA OT PROJECT ON A LOT RHPW BL15' ST.HIMSKW UNLESS AND WAX THE i ^\ P.D. PLANNED DEVELOPMENT F . PA. r APPLICANT, LIP RC APPUCINTS SUCOES'AOR. ®TAMS AM LNRAL AND FINAL COAIQMRENCY CER71F7CATE FOR RC PROJECT OR FKCR7XW .O. TME ELEV . ELEVATION RC :DINT OF REVFR.V CIIRVF END. FOUND RRo"r FOR W#CH A BULLN G PERMIT IS SOUCNT. TPC LOT OMCRS AND RAF ASSIGNS AO'NOIREDE THAT AGFAN RLfR L1x'MrY DOCS NOT 1 te4o 7f usrw e5i.l1lO,eJ' \� P.SM . PROFESSIONAL SUPVEIOR AND MAPPCRI 10 • IDENTIFICATION WAAAN/E£ THAT ADEQUATE CAPAOrY MRL Evsr AT TIC TME THE APFUCANT, OR RC APPLICANTS SUCCESSOR GVOBY M APPLY FOR AND TNG INCORPORATEO (P) . RADIAL P a IRON PIPE OBTAW 9" A COYQ/RRENCY (ERTMA TE. I.P.C. IRON ROO AND CAP \ 1,.0 C. LANDSCAPC OUFFCR EASEMENT 6) NOTIM PROPERTY OWYERS ARE PROASITED FROM PLANTING ANY CARRTEAN LB- LICENSED BLryNE55 \ LL..' . LIMITED LIABILITY COMPANY FRUIT FLY AND ASIAN CYRUS PSVLW f V7PUS GREETING) HOST RANTS AS 9sEWIM AWREOV AND ARE REOLORED 7Cl RELFOK THE SALE B ANY £XTSM L. M,C. LAKE MAINTENANCE EASEMENT \\ N NORTH CA TTLEY GUAVA. COMMON WA VAC LOPUAT, ROSE APFP� SARMAY OARRY, NAC . NORTH AMERICAN CATLIM \\ ORANGE 34WW AAD CIWW BOY ORANGE Y �? \ 7) FLOW HAZARD ZMK FOR RC PRO[CT S2 IS BASED d FLOOD INSURAMIr RATE MAP UAAYAE'R 12081CO242 DATE 12-04-12. �I M EFFECTIVE 6) ME HORIZONTAL VALLAS 9,OMIY MWOR REFER 70 TIC STA 7r PLANE NORTH COORLINA 7E SYSTEEL FLORIDA CAST ZQAC NAD d (NGS AWAIMEN OF 1990,1 ,5.\ 9)) BASIS OF BEARINGS AND STATE PLA/C COOROWAT£ LISTINGS FLIP PRS PUT TER GRAPHIC SCCALF. \ \ /5 OTD NORTH BE7MEEN TRO KVAN COUNTYTTS MONIA7YTS OPS 149 AND CPS 164. RC BEAR61c Or THE LRC ETMEEN SAD MONUMENTS \ IS SOUTH 4211375' EAST. \ NOT7CE: HAR7Ap AREA R£PRESOATS IIA LIMITS 0 TRACT A \ \ M07100 COWNANM RESTAIC71IM W RESINVA TONS ARECAW TIC OW47SW 0R USE E RIE PROPERT' S O W N TMS PLAT ARE FRED M OF11CAL RECORD BOOK Na — PALE _ P WUC RECOCS OF RDIAN Awn COIYTY, FLOWA NOIMD TPC MADMALOT OMQ WAa W WS"YSAMf FOP PRO%~ TPA 5VENUX AVOLARM ALOG MS LOTS _ STREET FRWTAGE AS DEPCIED d TIE AFFROWD PROAGr SITE RAY. Ww»CK DC ELE VA I?CW AS 91OW ON THIS SURWY ARE & SM GN RC NORM AMf=MF WITRCAL OA7[40 OF 1176& TIC 6TAMUSIAD BEAK""W FUR BAS swwy Is MOAN RTLER CRw7TY cps mcrx"wr 119. CLEW PLOYS 16' SITE 9EN7INAAKS ARE AS DEPICTED ON 94X7 2 —^ UU \\ \ PHASE ONEb �\ INDIAN RIVER COURTS P.D. PI.AT ROOK 16, PACE 39 SLAM ll`f L11<�MMM HAM t! Ulf YIW tlWYWM7 w\..� �\ Ar SV OIIN101 � nA gIMRP 4L ]]-J7-J9 !>I'L'xit filo .mPAm _ ►71®101®I�I��o110101®�®�01141� JL1ID1;18 I°I:aJI1cIi J3��1 I1�10[1&"10 a1010omim1[7 ]a A� �v r eeiew° icarrAP.a e1. n LIMA W. RUSSELI FAM Y TRUST O.R.B. 1127, PAGE I 13811o11'D110 C SET 4- - RR.V, P'1 S. 5:4.1 TNIS INSTRUMENT WAS PREPARED BY DAWD TA ICOR — FOR MASTELLER, MOLER R TAYLOR INC l'1 SET NAIL/DISK STAMPED P.C.P. LB 4644 1655 2UIN SIRECI, SUITE 2, VERO EACH, rL ACA".. APANOONFD CXRRrlCATE OF AUDIGR/ZATTON NO. LB 4644 — PPKWE 772-564-8050 FAX 772-791-0647 MCINAL PREPARA DOTE OA IT, FEBRUARY 20, 2015 BM BENCH MARK JL1ID1;18 I°I:aJI1cIi J3��1 I1�10[1&"10 a1010omim1[7 ]a A� �v r eeiew° icarrAP.a e1. n LIMA W. RUSSELI FAM Y TRUST O.R.B. 1127, PAGE I 13811o11'D110 C SET 4- - RR.V, P'1 S. 5:4.1 E NOTEO O SET 1/2- IRON ROD AND CAP ,STAMPED LB 4644 l'1 SET NAIL/DISK STAMPED P.C.P. LB 4644 ACA".. APANOONFD .NAW • NORTH AMERICAN WROCAL DATUM A . ARC NGS • NATIONAL GEODETIC SURIR'1' BM BENCH MARK GM - NATIONAL GEODETIC VERTICAL DATUM CCR CFRVF7E0 CORNER RECORD INR) . NON RADIAL CH CHORD OP.R. . OMCIAL RECORD DOOK CHB- CHORD BCARIN,^ PB PLAT POCK CM . CCWCRCTr MONUMFNr NUS PLAT BOOK SAINT LUCK COUNTY COR, CORNCP PC PONT OF CURVE L 6 DETA P,C.P . PERMANENT CONTROL PONT D.C. • DRAINACF F.ASFMFNT P.D. PLANNED DEVELOPMENT F . PA. r PPC . PAGE ELEV . ELEVATION RC :DINT OF REVFR.V CIIRVF END. FOUND P,R. M. . PERMANENT REFERENCE MONUMENT CPS - GLOBAL POSIRONINFC SYSTEMS P.SM . PROFESSIONAL SUPVEIOR AND MAPPCRI 10 • IDENTIFICATION 4 - RADIUS TNG INCORPORATEO (P) . RADIAL P a IRON PIPE H.B. . RADIAL EARINC I.P.C. IRON ROO AND CAP R/V/ . RIGHT -Or -WAY 1,.0 C. LANDSCAPC OUFFCR EASEMENT S . SOUTH LB- LICENSED BLryNE55 S.C. . SDCwALK EASE MCNT LL..' . LIMITED LIABILITY COMPANY S.f - $WARE rECT L. M,C. LAKE MAINTENANCE EASEMENT $,PLC, • STATE PLANE COORDINA;C N NORTH U.C. • UTILITY FASFHFNT NAC . NORTH AMERICAN CATLIM - - WEST .00IOO'10'SOUTH LINC Or MC NORM HALF OI' ME -SW MNVC QUARTER OF E w QUARTER 25-J2-39 SO1M ICY M Pf NR ]O' . OY11i xiay wwrtR 4cid 7s -J7 -r _ AM feQl� � A1AtlT RIfRFPWI GROWS O.R.B 819. PAGE 75 DSTS uc \\ OR,9. 2469, PAGF 461 H c,\ PONT or COMMENCEMENT -- J SE CORNER OT THE SW WAR TER IY THE NW WAPIFR SFC TION JT 25-32-3R SHEET 2 OF 4 Ic rn W Y/, �TLXR'! romwro� 1♦ 1f i 13 10 LILY'S CA AT VERO BEACH PLAT BOOK i "sm.m AOy-yt k O! .,,, 914 :; pm Oi j, A PLAT OF LANDS LOCATED IN "T T�• t ., u,�•Q� I1�\\ Illlll SECTIONS 25 AND 26, TOWNSHIP 32 SOUTH, RANGE INDIAN RIVER COUNTY, FLORIDA 39 EAST PAGE P/T.i r.u,e n,na /IIE,Kn .APeS ORM c, Tn„FM• m . u ---,. • A. e} 11 LECfd� PI SET 4-A'4• P.R.M. STAMPED PE.S ID -'MilPeCAlION UNLESS ODIFRWT$C h'OTCO INC. = INCORPORATED 0 SET T/7 IRON RW ANU CAP STAMPEO LB 46.44 LP =IRP, PIPE SFr NAIL/DISK STAMPED P.C.P LB 4544 I.R C. IRON POD AND CAP ARAN, ; ABANDONED LB E. IAIIOSC<PC BUFFER EASEMENT . ARC LB LICENSE/) tlU'Tt; P(, - PONT Or CURVE P.C.- = PERMANENT CONTROL POINT -.D. . PI ANNFD OFVFI.OPMFNT "G - PAM: PNC - POINT OF REVERSE CURVE -,R, M. - PERMANENT RFrFRFNCE MONUMENT DOCKET NO N^6TH \ BM = BENCH MARK LCC = LIMITED LIABILITY COMPANY P. $, M. PROrESSIONAL SURVEI-OR AND MAPPER sm / CCP CERDFlFD CORNCP PECORD I M.E. - LAKE MAINTCNANrF FASrMrw R - RADIUS % _ Lf CN GHORD CNR CHORD BEARING CM CONCRETE MOTOMENr COR. CORNER a =DELTA D.E. - OREASEMENT F =FAST ELEV = ELEVATION rNO= rOUND CPS - r{ORAL POSIII(NING SY$ IE.MS N . NORTH (R) RADIAL HAD NOPTN AMERICAN DATUM R.R. RADIAL RrARINC NAVD = NORTH AMEPICA'I VERTICAL DATUM R/W . RIGHT -Or -WAY NGS NATTONAL GEODETIC SU <' S SOUTH NGVD NATIONAL GEODETIC VEPPCAL DATUM c, [, SIDEWALK EASEMENT (NR) NON RADIAL $.F. SOJARE rEET O.P.B = GFT ILIAL RECORD BOOK SPE . STATE PI ANE COORDINATF Ptl = PLAT ROM.E U. LITILI I'r EA$EMEN! 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'i //•%%'`' '/j/ %'� iUY.w,r.r.�i�%" : /"'y'%A; �''fi�:i:�g(w:il ' '% mao'rrtr —e^ socwALX an i :FiI(N. .r, rlvue�r Yi PFP YT Al -i ena. l urAr 30' R/W PER O.R.B 1002 PAGE 814 A " A, /W PEP s,e,e 50' R W. PLAT BOOK J, PAGE 70 "?= rJret snte5• b PLA f BOOK TOOT. PAGE BI4 Of1K J. PACT: 10 DRS INSTRUMENT WAS PREPARED BY DAMD TA YLOR k 410 STREET (SOUTH GIFFORD ROAD) THIS SHEET CONTAINS INDI NDUAL LOT DIMENSIONS. FOR MASTE'LLER, MO,ER A rAXIOR INC TOO' PUBLIC R/W 11-2-1 REWSQ ui! _ 1655crP22I N 5 a 1 *-7 AUTHORIZATION — BEACH, FL. — �>r — — — — — — — — FOR EAS_EMENT DIMENSIONS SEE SHEET 4 PHONr 777-5154-RO50 FAX 772-704-0547 SHEE T 3 OF 4 M RIS OWGTNAL PREPARA DON DATE FEBRUARY 2D IDIS Ll W aac >AmL IiISYT / 1 AMK p'I r. CIRC I.Bl fAK I I(KtM UKCrKN Cr ]9ri )S R5 C.1M'Ol' �� KAS' 4A' A9E C) ]o)1 %,M t,0690x CJ JSP) :1. Mn4'r rq2' M' 13•a c. Lf0 IOM f�Y rq)'PI SSY LIl NORM HATCHED AREA REPRESENTS Th[ (ORIS Or TRACT A LILY'S CA AT VERO BEACH PLAT BOOK A PLAT OF LANDS LOCATED IN SECTIONS 25 AND 26, TOWNSHIP J2 SOUTH, RANGE J9 EAST PAGE INDIAN RIVER COUNTY, FLORIDA LEG=7 SET 4'A4• P.F.N. STAMPED P.L.S. 524J !Cl . IDENTIF!C.1101 PC . PON' IY CUNVL UNLESS OTHFRMSE NOTED !1'C. INCORPORATED P, C.P - PERMANENT CON rROL POINT O SFT 1/2" IRON POO 410 I;AP 51411PED In 4644 I.P - IRP14 PIPC P.0 - PLANNED DEVELOPMENT DOCKET NO. (� SF, r NAIL/DISK ST4l/PED P.CP LB 4844 ! R.C. IRON POD AND CAP PG = PAGE ARAN. ABANUIwCU L.O.C. LANCSCAPE SUrFER EASEWCNT PRC - POINT OF REKRSE CURVE A - qRC LB LICCNSFO AUIdNCSS P.R.M PERLIANFNT RFFFRFNCF MOVIIMENT BM . PFNr..II NARK LLC . LI4ri ED LIABILITY CO4PANl PSM. . PROrFSSIONAI SIIRV£YOR AND 4AVOLP CCR CERTIFIED CORNER RECORD !.M. C. . LAKE MAIN IENANEL CASEMENT R - RADIUS LH - CHCRD .N ^ NM TIi (R) . RADIAI. CID CHORD BCAP!NG .VADNORTH At4FRICAN DAnI(f N.B. RADIAL BEARING Cu - CONCRETE MONUMENT NAI,D NORTH AUERICAN t'ERfICAL DAIUM R/W - RICHT-OF-WAY COR. . CORNER .NCS .. NATIDNAI. CLOOVTIC SIJRVEY 5 = SOUIH A. DFI. TA NCW + NA ZION CFOPFnC IfPn(:Ai, PIP). SC. • SIDEWALK CASEMENT AO"M COKNAWM RESIRCIIONS OR RESERVATIONS O.E. = ORAINAGL CASLVENI (NP) - NON RADIAI. SF. 5(KIARF lrfT AFFMIMO THE ORI(RSAW OR USE Or THE C .CAST O.R.B. , OrFICIAL PCCORO BCVK S. -.C. - STATE PLANE COORDINATE PROPERTY 54OW M IMS RAT ARE FLED M O'FIOAL CLCV - CLCV4 RM! PO PI. AT BCOK II.F - IIn1ITY FASFMFNT RCCb)O WON NO — PAGE _ PUBLIC FNO- FOUND PBS M AT ROOK SAVLT LIICIE Cr, TY W Wf S7 REO71O5 6 MIAN An" CO NT; FLORDA CPS - GLOBAL POST nONING .rl51EMS NOTXL• RE VADER/LOT OOKR SHALL BE REJ%'ON9B1[ \ FOR PROWING AW SIDEWALK REOWW ALONG NIS LOTS PHASE ONE ` \ C.1TI.y SnMET MONTAGE AS OVWRD ON TWARROLfD INDIAN RIVER rOURT5 P.D. 690.EIM RROE):T 91E PCW. PLAT BOOT( 16, PAGE J9 7-00100''2 \ 0 NORTH I% i % %%/,. � / - \ GRAPHIC sr.AI.E �A(.f7S4�R• AWAGC CASEMENr,� '/' /%%: �/ /j �/ //, /', i� ' r+'�' c • I�Tf f';.i1"Jt*it<,=moi:./.:i=/`;.:%�•_';'��1•%!• // ! ��� ,/tia�a;n.vm''%'+% j/ �s��� j i.�/ \ \ 1 .. 43 P O 45 O " 17 O {9 O sLO tJ ql � 40 � Je 37 Jg I JS � — Ai��s.s laiZ�`,�'/;!%.a�T�IT!m.n ' :j;',rr�vc,•f:.7:;;;'�e•'.�/.;w:;;r• SC R/W PER O.R.B 7002. PAGE 814 m+, h PLAT BOOK J. PAGE 70 THIS INSTRUMENT WAS gREPARED BY DAIAD TA KOR FOR NASTELLER, NOLEP A TAROP INC 1655 17TH SIRFCT, SUITE 2. KRO BEACH. R. _ _ CCRTIfiCA1E O" 4U INOR, RDN N0. LB 4644 PNDNC 777-364-M50 FAX 772-794-0547 ___ MIbNAL PREPARA TION DAR' FEBRUARY M. 201.5 Illy E sz _ 3J� :1, I I; S•:.;/'A/i / l/ a 32 Y9!•%A'.%��li�•, '.��� '�' \ \ O A ., .A•.o.Y �Ar� 2B Ne 29 M Q A 3t %. <r,: ../•.a/%y�••c,..,� r....�;;.:c 2, 2 — l'�;_ = t :.9'Lic2aq': :L!� cas.rn',': - 2eY/.trlr,� -11. fano „m, .. w.v.T.fS ,am 50' R/VI PER O.P.B 1002. PAGE 8/4Ter nm rdrK —W A, PLAT BOOK J, PACE 70 410 STREET (SOUTH GIFFORD ROAD) THIS SHEET CONTAINS EASEMENT DIMENSIONS. TOO- PUBUG R/w _ _FOR INDIVIDUAL LOT DIMENSIONS SEE SHEET J. SHEET 4 OF 4 Lily's Cay at Vero Beach CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. SD -15-05-07 (2006030269-74273) THIS CONTRACT, made and entered into this 12th day of January , 2016 by and between Diamond Court West FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida, the owner of the property being platted as Lily's Cay, 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 is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lily's Cay at Vero Beach; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before January 19, 2017, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning ATTACHMENT 4 129 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an executed cash deposit and escrow agreement, in a form to be approved by the County, between Developer and the Indian River County Office of Management and Budget, as the escrow agent, in the amount of $49,113.14, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the escrow deposit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the required improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage 130 improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the funds in escrow deposit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the cash deposit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash deposit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lily's Cay, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any cash deposit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of 131 the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: sign: i ,&xA-& �.�'(4•�ol�u►� print name:_ Vi Ai L UcL A, APPROVED AS TO 4Y �:�U.b4svcr,:as^t�.ad,l oVbuT't 1-10WATr KrTCaRNSI,r DIAMOND COURT WEST FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida By _ Z4Z---' printed name: /7 6• t • c°a title: Manager DEVELOPER INDIAN RIVER COUNTY FLORID By: j �- seph A. Baird / ounty Administrator COUNTY 4 Authority: Resolution No. 2005-121 projected BCC plat approval date: 1/19/16 132 MASTELLER & MOLER, INC. M ^- CIVIL ENGINEERS LILY'S CAY AT VERO BEACH CERTIFIED COST ESTIMATE Description Quantity Unit Unit Price TOTAL Clearing & Grubbing 0 Acre $3,25000 $0.00 Excavation All CY $2.89 $0.00 Embankment 0 CY Description Quantity Unit Unit Price TOTAL Clearing & Grubbing 0 Acre $3,25000 $0.00 Excavation 0 CY $2.89 $0.00 Embankment 0 CY $135 $000 Import Fill 0 CY $6.10 $0.00 Rough Gradin 0 LS $47,92000 $000 Fine Gradin 0.20 LS $42.56000 S8.512 . 00 Lake Bank Sod 0 SF $0.20 $056 Lake Bank Sod 0 SF $0.20 $0.00 15" CAP 0 LF Subtotal $8,612.00 STORM DRAINAGE Quantity Unit Unit Price TOTAL Remove Existing 42" RECP & Tie 0 LS $65000 $000 Remove Existing 42" RCP & Plug 0 LS $860.00 $0.00 Control Structure 0 EA $4,200.00 $000 Manhole 0 EA $2,300.00 $000 Type C Inlets 0 EA $2,20000 $0.00 Type D Inlets 0 EA $2,20000 $0.00 Type H Inlets 0 EA $4,015.00 $000 Type V Inlets 0 EA $2,70000 $0.00 15" CAP 0 LF $28.00 _ $000 18" CAP 0 LF $33.00 $000 24" CAP 0 LF $42.00 $000 30" CAP 0 LF $57.00 $000 36" CAP 0 LF $7000 $0.00 42" CAP 0 LF $99.00 $0.00 15" RCP 0 LF $24.00 $000 18" RCP 0 LF $29.00 $0.00 30" RCP 0 LF $4900 $0.00 42" RCP 0 LF $82.00 $0.00 Subtotal $0.00 SANITARY SEWER Quantity Unit Unit Price TOTAL Core Existing & Tie In 0 LS $2 500.00 $0.00 4' Dia Manhole 8-10' 0 EA $5,200 00 $0.00 4' Dia Manhole 6-8' 0 EA $3,200.00 $0.00 4' Dia Manhole 0-6' 0 EA $2,500.00 $0.00 8" PVC SDR 35 10 - 12' 0 LF $24.00 $0.00 8" PVC SDR26 8 - 10' 0 LF $22.00 $0.00 8" PVC SDR26 6 - 8' 0 LF $20.00 $000 8" PVC SDR26 0 - 6' 0 LF $18.00 $000 Single Service 0 EA $650.00 $0.00 Double Service 0 EA $730.00 $0.00 TV Lines 0 LF $5.00 $0.00 Subtotal $0.00 POTABLE WATER Quantity Unit Unit Price TOTAL 16 X 8 Wet Tap 0 LS $5,20000 $0.00 12 X 8 Wet Tap 0 LS $5,100.00 $0.00 8" PVC C900 DR 18 0 LF $19.00 $0.00 8" -GV & Box 0 EA $1,50000 $0.00 8 X 8 Tee 0 EA $300.00 $0.00 8 X 6 Reducer 0 EA $120.00 $0.00 8" 45 deg. Bend 0 EA $16000 $0.00 6" PVC C900 DR18 0 LF .$1400 $0.00 6" GV & Box 0 EA $1,10000 $0.00 6" 45 deg Bend 0 EA $120.00 $0.00 Single Service 0 EA 1 $74000 $0.00 ✓��rRCc� r 2 j3a�ls Page 1 of 3 133 MASTELLER & MOLER, INC. M -- CIVIL ENGINEERS - LILY'S CAY AT VERO BEACH CERTIFIED COST ESTIMATE Double Service 0 EA $1,300.00 $000 FH Assy 0 EA $3,070.00 $0.00 Temp. Jumper 0 EA $2,500.00 $0.00 Fittings 0 LS $3,31000 $000 Sample Points 0 EA $33800 $000 Pressure Test 0 LS $750.00 .$ 00 Pig Lines 0 LS $883.00 $000 Bac T's 0 LS $258.00 $0.00 Sign and Painted Striping (on 1st Lift) 0 LS Subtotal $0.00 IRRIGATION Quantity Unit Unit Price TOTAL Irrigation installation 0.05 LS $55,70700 $2,785.35', 4" Irrigation Well 0 LS $13,50000 $0.00' Subtotal $2,785.35 ROADS Quantity Unit Unit Price TOTAL 8" Sub rade 587 SY $2.50 $1,467.50 6" Road Rock 560 SY $10.00 $5,60000 1" SP 9 5 533 SY $8.15 $4,343.95 Pavers 0 LS $2,81450 $0.00 Miami Curb 0 LF $9.50 $0.00 D -Curb 0 LF $10.00 $0.00 Sod 2'130C 960 SY $0.20 $192.00 Sign and Painted Striping (on 1st Lift) 0 LS $4,900.00 Subtotal $000 $11603.45 OFFSITE Quantity Unit Unit Price TOTAL MOT 0 LS $3,50000 $000 Sawcut 0 LF $2.00 $000 12" Sub Grade 0 LF $7.00 $000 8" Coquina Rock 0 LF $13.00 $0.00 2.5" SP 12.5 0 LF $12.00 $0.00 IF -Curb 0 LF $15.00 $0.00 Palm Sabal 13'-15'oa 8'-10'ct Booted 0 EA Subtotal $0.00 LANDSCAPE Quantity Unit Unit Price TOTAL Maple Red 2" 0 EA $242.35 $0.00 Holly Dahoon 12'oa 0 EA $30860 $000 Magnolia Southern 2" 0 EA $289.40 $0.00 Palm Wild Date 8'ct 0 EA $1,300.22 $000 Oak Live 2" 0 EA $259.99 $0.00 Palm Florida Royal 10'-12'ct 0 EA $743.96 $0.00 Palm Sabal 13'-15'oa 8'-10'ct Booted 0 EA $172.57 $0.00 Palm Sabal 17'-21'oa 12'-16'ct Booted 5 EA $192.81 $96405 Cypress Bald 2" 0 EA $238.02 $0.00 Palm Washington 10'-12'ct 0 EA $23573 $0.00 Oak Live Cathedral 4' dal 0 EA $443.47 $0.00 Maple Red 7g 0 EA $3146 $0.00 Cypress Bald 7g 0 EA $31.46 $000 Japanese Blueberry 25g 0 EA $16582 $0.00 Li ustrum Tree 6'oa 0 EA $150.24 $0.00 Palm Chinese Fan 6'oa 0 EA $172.62 $0.00 Simpson Stopper 6'oa 0 EA $150.13 $000 Palm Pygmy Date 6'oa tp 0 EA $164.82 $0.00 Alocasia Califomia 3g 0 EA $13.98 $000 Florida Privet 3g 0 EA $11.62 $0.00 Hibiscus Dbl Peach 0 EA $31 81 $0.00 Iris Apostle 3g 0 EA $1515 $0.00 Dwarf Schefflera 3g 0 EA $10_45_ $0.00 44, 1z/ao/rs• Page 2 of 3 134 MASTELLER & MOLER. INC. M — CIVIL ENGINEERS LILY'S CAY AT VERO BEACH CERTIFIED COST ESTIMATE Viburnum Suspensum 7g 0 EA $32.39 $000 Bougainvillea Helen Johnson 3g 0 EA $11 62 $000 Ficus Green Island 0 EA $11 03 $000 Jasmine Wax 3g 0 EA $10.45 $000 Grass Muhly 3g 0 EA $1045 $000 Schefflera Trinette 3g 0 EA $10.45 $000 Saw Palmetto 3g 0 EA $18.13 $000 Annuals White 4" 0 EA $2.19 $0.00 Pine Slash 12'oa 21 EA $296.46 $6,225.66 American Sycamore 2" 0 EA $16000 $000 Firebrush Dwarf 3g 0 EA $11.33 $0.00 Sod Floratam sf 0 SF $0.29 $0.00 Mulch Upgrade 0 LS $98760 $0.00 Subtotal $7189.71 OTHER Quantity Unit Unit Price TOTAL . 6' High Concrete Fence 0 LS $118,928.60 $000 Survey Stake -out 0.05 LS $24,000.00 $1,200.00 Survey As -Built 005 LS $12,000.00 $600.00 Survey - Set PCP and PRM 1 LS $6,00000 $6,000.00 ,Engineer Inspections/Certs 005 LS $28,000.00 $1,400.00 Subtotal $9 200.00 SUMMARY TOTAL Earthwork and Grading Storm Drainage Sanitary Sewer $8,512.00 $0.00 $0.00 Potable Water $0.00 Irrigation $2,785.35 Roads $11,603.45 Offsite $0.00 Landscape $7,189,71 Other $9,200,00 TOTAL $39,2 Surety Amount (126%) $49,113.14 CERTIFICATE OF COST ESTIMATE 1, Stephen E. Moler, a Florida registered engineering, License No. 33193, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit and that the total co;Zti#JI f for said improvements is estimated at $ 49,113.14. This estimate has been prepared, in part, to induct, 0rgv1 }c.Jh'q'%,unty of a final plat for the Lily's Cay at Vero Beach project, and for the purpose of establishing r AWy mous-h l.�dtjated therewith. p P,rerertt �•: Page 3 of 3 135 Lily's Cay at Vero Beach CASH DEPOSIT AND ESCROW AGREEMENT THIS AGREEMENT is entered into this 12thday of ,Tani,ar= , 2016, by and between . Diamond Court West FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer is effecting development of land within Indian River County and is required to provide security supporting a contract with the County for the construction of certain required improvements related thereto; NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein,. and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum of Forty -Nine Thousand One Hundred Thirteen and 14/100 Dollars ($49,113.14), the receipt whereof is hereby acknowledged, which sum ,shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction of Required Improvements, which agreement is attached hereto and incorporated herein by reference (Contract). 2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, and that the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction. 3. Disbursement shall occur only after issuance of a Certificate of Completion in accordance with the Indian River County Code. 4. Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works Director shall deliver a written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 136 5. Upon default by Developer under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the required improvements. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the required improvements shall be returned to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 6. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow. 7. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the required improvements, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the required improvements. 8. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the County, as first stated above. DIAMOND COURT WEST FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida Developer By: printed name: title: Manager P] 137 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA )seph A. Baird' ' ounty Administrator Authority: Resolution No. 2005-121 OFFICE OF-VANAGEMAWAND BUDGET By• B APPROVED AS TO FORM AN LEG By: CA-/ William K. DeBraa Deputy County Attomey 138 DIAMOND COURT WEST FL, LLC 0001114 Indian River Count 1/7/2016 AMOUNT DateIvPe Reference Original Amt. Balance Due Discount payffmt 1/7/2016 B 010516 49,113.14 49,113.14 49,113.14 Check Amxnt 49, 113.14 CATEGORY MEMO TOTAL Towne Bank IDeposit in Escrow 49,113.14 11'000 1 1 1 411' ':051408949':026107546211' w — --- — — - - - - - - - Lily's Cay at Vero Beach CONTRACT FOR CONSTRUCTION FOR FINAL LIFT OF ASPHALT CONTRACT NO. SD -15 -05 -07 -FLA (2006030269-74273) THIS CONTRACT, made and entered into this 12th day of January , 2016, by and between Diamond Court West FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida, 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 has commenced proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a certificate of completion for the subdivision shall not be issued until the Developer has installed the required improvements (with the exception of a final asphalt lift) and entered into a warranty agreement to warranty paving and drainage improvements for a 1 -year period; and WHEREAS, Developer has installed a 1 -inch asphalt lift, but does not wish to install the final lift• until such time as a majority of the homes have been constructed so as to make the subdivision more aesthetically pleasing; and WHEREAS, Developer has guaranteed to the satisfaction of the County that such final lift of asphalt will be installed by posting either cash or a letter of credit with the County in an amount of 125% of the estimated cost as certified by Developer's engineer and approved by the County Engineer. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to install in a good and workmanlike manner, the improvements described in Exhibit "A" attached hereto the earlier of 2 years from the project's Certificate of Completion; 60 days prior to turnover to homeowner association; or prior to certificate of occupancy for last residence in subdivision (or a separately platted phase of a subdivision). 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all ATTACHMENT 5 140 of which are hereby incorporated by reference and made a part hereof 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish either cash or a letter of credit, to be approved by the County Attorney, naming Indian River County Office of Management and Budget, as the escrow agent or beneficiary, in the amount of $58,126.81, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of the final lift of asphalt. It is understood that the full amount of the above-described security shall remain available to the County and shall not be reduced. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the installation of the final lift of asphalt. 5. In the event the Developer shall fail or neglect to fulfill its obligations under this contract, the Developer, as principal, and the posted funds shall be liable to pay for the cost of the final lift of asphalt to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 6. The parties agree that the County at its option shall have the right, but not the obligation, to construct/install or, pursuant to receipt of competitive bids, cause to be constructed and installed the final lift of asphalt in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the security posted for the final total cost of the work. Developer shall remain wholly liable for any resulting deficiency, should the posted security be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any fund other than those provided by the Developer to complete the work. 7. Any posted security provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment 141 to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 8. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. APPROV TO ERS: By Jason E. Vro--w-rV OMB Director By FORM AND William K. DeBraal Deputy County Attorney DIAMOND COURT WEST FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida DEVELOPER By: printed name: title: Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA COUNTY By: oseph . Baird J County Administrator Authority: Resolution No. 2006-155 142 MASTELLER & MOLER, INC. M — CIVIL ENGINEERS LILY'S CAY AT VERO BEACH CERTIFIED COST ESTIMATE `FINAL LIFT ASPHALT Description I Quantity Unit I Unit Pricel TOTAL I Com late I $ Value I Remalnin $ Value 1" SP 9.5 (2nd Lift) 5.583 1 SY 1 $8.15 $45,501 45 0 1 $0.001 5,583 1 $45,501.45 Thermoplastic Striping (on 2nd Lift) 1 1 1 LS $1,000.00 $1,000001 0 1 $0.00 1 1 $1,000.00 TOTAL $46,501.45 JSurety Amount 125% $58128.81 CERTIFICATE OF COST ESTIMATE r��:eu:unurru ft I, Stephen e%Nj !e ; a Floc( .p�Ristered engineering, License No. 33193, do hereby certify to Indian River County that a cost estimate has been prepare up i s�orAipye faction for those improvements itemized in this exhibit and that the total cost estimate for said improvements is $rl SIhi�`&rpt has �i1,,Ygrepared, in part, to induce approval by the County of a final plat for the Lily's Cay at Vero Beach project, aq,$ulpdse of a aliShjjA�rbper surety amounts associated therewith. No. 33193�ii c DEW 7 OF 7 S PE F # 33 ?4C, Vice Fjdset,t�rOR}O•� :,v `Z� °J�/ 0It'A L LJ 1 143 Project: Lily's Cay at Vero Beach CASH DEPOSIT AND ESCROW AGREEMENT FOR FINAL LIFT OF ASPHALT THIS AGREEMENT is entered into this 1 ?rh day of January , 2016, by and between Diamond Court West FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida (Developer), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (COUNTY): WITNESSETH: WHEREAS, Developer has commenced proceedings to effect a subdivision of land within Indian River County, Florida, and wishes to receive a certificate of completion for the subdivision prior to the final lift of asphalt being installed; and WHEREAS, Developer has installed a 1 -inch asphalt lift required by Indian River County Code, but does not wish to install the final lift until such time as a majority of the homes have been constructed so as to make the subdivision more aesthetically pleasing; and WHEREAS, Developer is desirous of posting cash with the County in an amount of 125% of the estimated cost as certified by Developer's engineer and approved by the County Engineer in support of its guaranty to install the final lift of asphalt; and WHEREAS, Developer has entered into a Contract for Construction for Final Lift of Asphalt, Contract No. SD -15 -05 -07 -FLA (2006030269-74273). NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer has tendered to the County Office of Management and Budget (Escrow Agent) the sum ,of Fifty -Eight Thousand One Hundred Twenty - Six and 811100 Dollars ($58,126.81), the receipt whereof is hereby acknowledged, which sum shall be held in escrow by said Office, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations set forth in the aforementioned Contract for Construction for Final Lift of Asphalt, which agreement is attached hereto and incorporated herein by reference (Contract). 144 2. Upon completion, the Developer may obtain a disbursement from the escrow account by making a written request to the Board of County Commissioners of Indian River County through the County's Public Works Director. The request shall specify the amount of disbursement desired and shall be accompanied by a sealed certificate from Developer's engineer describing the work completed, the actual cost thereof, and that the work for which disbursement is requested has been completed in accordance with County policies for construction as those policies relate to location, method, and type of construction. 3. Within seven (7) working days after receipt of a disbursement request, the Public Works Director shall cause an inspection of the work for which payment is sought. If the Public Works Director is satisfied in all respects with the work, the accompanying cost estimates and certifications, the Public Works Director shall deliver a written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 4. Upon default by Developer under the Contract, the County may elect to pursue any of the remedies made available therein. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County in accordance with the Contract. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has defaulted under the Contract and that said funds are necessary to complete the work. All funds disbursed to County in excess of the final amount determined necessary by the County to complete the improvements shall be returned at the end of the guaranty period to the party that posted the funds, or its legal representatives, successors or assigns, absent bankruptcy, court order, dissolution or an assignment. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed to Developers at close of escrow. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services for construction of the work, while such funds remain subject to this escrow agreement, unless and until the County shall agree otherwise in writing. The County shall not be liable to any of the aforementioned parties for claims against the Developer or contractor relating to the work. 7. This Agreement, together with the attached Contract, is the full and complete understanding of the parties and shall not be construed or amplified by 145 reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereon or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The date of this agreement shall be the date of approval by the County Administrator, as first stated above. DIAMOND COURT WEST FL, LLC, a Virginia limited liability company authorized to do business in the State of Florida Developer 6y: rN�+ printed name: iz Go���•z title: Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: oseph . Baird County Administrator Authority: Resolution No. 2006-155 OFFICE OY-4ANAGEMIt VT,AND BUDGET By: Jason a. Bro4, OMB Director APPROVED -KS TO FORM AND LEG $UFF CIE By /�/j illiam K. De raal ` Deputy County Attorney 146 O0 U. x U) 0 rx 0 LL; G. DIAMOND COURT WEST FL, LLC 0001116 Indian River County 1/7/2016 ANI-OUUN—T---� Date 7 Reference Original Amt. Balance Due Discount Pa t 1/7/2016 RE 010516A 58,126.81 58,126.81 58,M681 Check Anrxmt 58,126.81 JAN 1 1 2016 CATEGORY MEMO Towne Bank Deposit - Final Lift of Asphalt TOTAL 58, 126.81 11'000 1& 1 E3116 I:05 140139491:0 26 10751,6 2111 1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director clly� FROM: Richard B. Szpyrka, P.E., Assistant Public Works Director SUBJECT: Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park — Change Order No. 03 DATE: December 31, 2015 DESCRIPTION AND CONDITIONS On December 9, 2014, the Board of County Commissioners approved awarding Bid No. 2014052 to KAST Construction Company, LLC., for the IG Bldg project in the amount of $10,676,278.03. As part of the project, Borrelli & Partners, Inc., the design consultant, provided design for the internal infrastructure for future installation of all data/communication cabling for the building to function as envisioned. The data/communication cables and connection hardware were not included as part of the project. After internal discussions regarding the installation of the data/communication cables and connection hardware once the building was complete and the possible delay for the utilization of the building due to this issue, staff determined that it would be less expensive and disruptive if the data/communication cables and connection hardware were installed as the building is being constructed. As such, staff obtained a quote from KAST Construction for the installation of data/communication cables and connection hardware. The cost for the installation of the data/communication cables and connection hardware is $76,292.75. FUNDING Funding for Change Order No. 03 is available in Optional Sales Tax Account No. 31521072-066510-03028 in the amount of $76,292.75. RECOMMENDATION Staff recommends approving additional funding for Change Order No. 03 in the amount of $76,292.75 for the installation of data/communication cables and connection hardware. The new total contract price will be $10,945,371.34. ATTACHMENTS KAST Construction Company, Inc. Request for Change Order No. 25R.01, Dated October 27, 2015 F\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order #3\1135 - IG Building - Agenda Item CO #03 123115.doc 148 PAGE TWO IG Bldg — Change Order No. 03 Richard B. Szpyrka, P.E., Assistant Public Works Director January 19, 2016 - Consent Agenda Item DISTRIBUTION Kast Construction Company, LLC Borrelli & Partners, Inc. APPROVED AGENDA ITEM F( B` Indian River County Date Administration /' Y h/ Budget 111214 Legal Public Works ` 6 Engineering00 1 21-0 F•\Public WorkAENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order 149 #3\1135 -1G Building - Agenda Item CO #03 123115.doc SECTION 00942 - Change Order Form DATE OF ISSUANCE: 1/19/2016 No. 03 EFFECTIVE DATE: 1/19/2016 OWNER: Indian River County CONTRACTOR KAST Construction Company LLC. Project: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNTY PARK OWNER'S Project No. 1135 OWNER'S Bid No. 2014052 You are directed to make the following changes in the Contract Documents: Description: Install 195 data connections in the predetermined locations shown on the conformed documents for the building. Provide all equipment and installation services specified in the attached documents. Reason for Change Order: The original design did not include material and installation of data connections for the project. Attachments: (List documents supporting change) KAST Request for Change Order No. 25R.01 dated October 27, 2015 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $10.676.278.03 Net Increase from previous $192.800.56 Change Order Nos. 1 and 2: 360 Contract Price prior to this Change $10.869.078.59 Order: (days) Net increase of this Change Order- $76.292.75 Contract Price with all approved $10.945.371.34 Change Orders: ACCE CONTRACTOR (Signa re) Date: G?f� y/2 16 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 330 Final Completion: 360 Net change from previous Change Orders Nos. 1 and 2: (days) Substantial Completion- 15 Final Completion: 15 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 345 Final Completion: 375 Net change for this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 345 Final Completion: 1 375 RECOMMENDED: By: ENGINEER (Signature) Date: l Z / 3 / t// APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 3 123115 00942-1 150 FAPubliic Works�ENGINEERING DIVISION PROJECTS11135-S County Park Intergeneratiional Rec FacilitylAdmimXagenda items\Change Order #3100942 - Change Order No. 3 123115.doc Rev. 05101 3ma KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY, SUITE 400 WEST PALM BEACH, FL 33407 Request for Change Order No. 25R.01 Date: 10/27/2015 Project: 14-014-01 IRC INTERGENERATIONAL REC CENT 1590 9TH STREET SW VERO BEACH. FI. 32962 To: Dan ,rrbovich BORRELLI + PARTNERS 720 VASSAR STREET ORLANDO, FL 32804 Description: Data /Communications 76.292.75 You are directed to make the following changes in this Contract: Provide and install 195 data drops. Includes 3, 4 post racks w/ladder tray. 2 wall mounted racks From: KAST CONSTRUCTION COMPANY, LLC. 701 NORTHPOINT PARKWAY SUITE 400 WEST PALM BEACH, FL 33407 See Complete Electric Quote dated 11/04/2015 and supporting quote front Complete Alarm Inc. attached The above-mentioned changes are established from attached documentation (Exhibit A). The total direct cost to perform this work is............................................................................................... (Please refer to attached sheet for details.) $70.348.96 SDI $70,348.96 1.35% $949,71 Insurance $71,298.67 0.90% $641.69 Bond $71,940.36 100% $719.40 1:ec; $72,659.76 5.00010 $3,632.99 The schedule will be Yes. Response Due: Total: $76,292.75 Page I of 3 151 i -i KA -ST construction KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY, SUITE 400 WEST PALM BEACH, FL 33407 ARCHITECT BORRELLI + PARTNERS 720 VASSAR STREET ORLANDO. FL 32804 Bv: Request for Change Order No. 25R.01 Date: 10/27/2015 CONTRACTOR OWNER KAST CONSTRUCTION COMPANY, LLC INDIAN RIVER COUNTY 701 NORTHPOINT PARKWAY 1800 27TH S"1'REEI' BLDG A. WEST PALM BEACH, FL 33407 VERO BEACH, FL 32960 By: Date. Date: By• Date: Cc: Rich Szpyrka IRC Page 2 of 3 152 KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY, SUITE 400 WEST PALM BEACH. FL 33407 Request for Change Order No. 25R.01 Date: 10/27/2015 Price Breakdown Continuation Sheet Description: Data / Communications 76,292.75 Description Cost Code Labor Material Equipment Subcontract Other Price ELECTRICAL & DA'I'A/Data / 16-100 570,348.96 570.348.96 Communications Subtotal: S70,348.96 Page 3 of 3 153 OPLF C (10� �cTR Ede . c�cT E`e R IC IRC Rec Center Type: RFC#6-REC CENTER�IT rev 1 PO # 20701-4 Date: 11/4/2015 Complete Electric Inc Customer: Kast Builders Commercial Division Robert Binford 637 Sebastian Blvd Address: 701 Northpoint Parkway Ste 400 Sebastian, FI 32958 W Palm Beach, FI 33407 .Phone: 772-388-0533 Phone: 561-689-2910 Fax: 772-388-2411 Fax: 561-689-2911 www.completeelectricinc.com Web: www.kastbuild.com mthomas(a)comoleteelectricinc.com Email: rbinford(akastbuild.com Signature Added days to schedule: 0 Payment kal ft Cuabmer Sipnabre dwdas audvira5m d quoW rak and eccapWm of peyr-M Wk. Payment is due upon mnpe4on of work a aeWach* pea bV a,y regimed iapec&m.ff imobe is rat paid and C mocha enggn atbmey b erdaae coAecbm ar9muer apnea to pay Al eapenaes and own coats cd Rip lim ncludng wort mets and memo" aftmay tees b be fixed by arty mut in which said adwey u requed b appear. Cu sber kether apnea he he may be coed in Man Rirm Cant'. Fl Count HAV T Date Estimator 154 P.O. # Date: 11/4/2015 Complete Alarm Inc Bill To: Complete Alarm Inc. c/o Bill Heemskerk c/o billhPcomoleteelectricinc.com 633 Sebastian Blvd Address: 637 Sebastian Blvd Sebastian, FI 32958 Sebastian, FI 32958 Phone: 772-388-0533 Phone: 772-388-0533 Fax: 772-388-2411 Fax: 772-388-2411 www.comDletealarminc.com Web: www comolet a Ctrl in om Desciription Rec Center IT Ema'll: billh(okomoleteelectricinc.com Materials Units tach Amount Leviton cath jacks 196 $ 5.25 $ 1,029:00 Leviton 48 port patch panels 5 $ 31S.00'- $ 1,575:00 Leviton cath utp cable, riser 40 $ 160.00 $ 6,400:00. 2') -hooks 700 $ 2.05 $ 1,435.00• Leviton label plates 100 $ 1.55 $ 155.00 fiber connectors 48 $ 16.08 $ 771•.84 Lzu Fiber endoser 1 $ 101.00 $ 10_1.00 11.1 Fiber Enclosure _ 2- $ 85.00• $ 170.00 LC fiber addaptors _ -^ - 8 _ $ $ 440.00 Cath 3' patch cords 196 $ _55.00 _ _ 5:70 _ � 1,117.20 Cath patch cords 6' �- _ - 196 -_ $_ _ 6.60 __$ 1,293.60 Horizontal wire management 6 _ $ 65.00 _$ _ $ 390.00 Vertical wire management - __ _._.------ - 10--$ - 165.00 __.. $ 1,650.00 Quest endosed racks -_ 4 - _ $ 2,4_0_0.00 ---+-245.00 _ $ 9,600.00 Quest 2 post racks-----_--^-__.------- - 2 $ •-$_--! -_� $ •- 490.00 PDU (power strips) . _ 6^ 190.00 _ _ $ 1,14_0:00_ 12 count 50 mm OM3 Indoor outdoor _- Mabel tape _ _ _ - 1000 4 $ -- 1.26 35.00 `V $ $ 1,260.00 140.00 10'x12" CPI ladder tray with supports 12 $_ 123.00 $ - - 1,476:00 L3/4" velcrow _- - _ 4 $ 45.00 $ _-^ - 180:00 10"x4" ground bar with Isolators 4 $ 84.00 $ 336.00 ground lugs_ - 100- $----0.78 �$ 78.00 I mist Hardware -- _ - 1 $_ 650.00 - $ 650:00 _ • • • $ $ 31,827.64 . "7.00% 2,231.43 155 156 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM g_J TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cly� FROM: Richard B. Szpyrka, P.E., Assistant Public Works Directo SUBJECT: Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park — Change Order No. 04 DATE: December 31, 2015 DESCRIPTION AND CONDITIONS On December 9, 2014, the Board of County Commissioners approved awarding Bid No. 2014052 to KAST Construction Company, LLC., for the IG Bldg project in the amount of $10,676,278.03. However, a security system for the building was not included as part of the design or construction contracts with Borrelli & Partners, Inc., or as part of the bid award to KAST Construction Company, LLC. Based on our experiences at other existing County facilities regarding security of the facility and patrons utilizing the facility, staff determined that the most efficient and cost effective system would be a Closed Circuit Television (CCN) system. As such, staff obtained a quote from KAST Construction for the installation a CCTV system to monitor the activities at the IG Bldg. The system will include two -Network Video Recorders, ten -indoor ceiling cameras, ten -180 degree outdoor cameras mounted on the building, four -360 degree pole mounted cameras within the parking area, and all associated hardware for a complete system. The cost also includes initial programing of the system and training for County Staff. The cost of the CCN system is $76,118.19. FUNDING Funding for Change Order No. 04 is available in Optional Sales Tax Account No. 31521072-066510-03028 in the amount of $76,118.19. RECOMMENDATION Staff recommends approving additional funding for Change Order No. 04 in the amount of $76,118.19 for the installation of a CCN system. The new total contract price will be $11,021,489.53. ATTACHMENTS KAST Construction Company, Inc. Request for Change Order No. 26, Dated November 6, 2015 F•\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order #4\1135 - IG Building - Agenda Item CO #04 123015.doc 157 Page 2 IG Bldg — Change Order No. 04 Richard B. Szpyrka, P.E., Assistant Public Works Director January 19, 2016 - Consent Agenda Item DISTRIBUTION Kast Construction Company, LLC Borrelli & Partners, Inc. APPROVED AGENDA ITEM R B' Indian Rlver County ro Date Administration J �T Budget I I Z ( 6 Legal _ (% Public Works En`Ineering F•\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Change Order 158 #4\1135 - IG Building - Agenda Item CO #04 123015.doc SECTION 00942 - Change Order Form DATE OF ISSUANCE: 1/19/2016 No. 04 EFFECTIVE DATE: 1/19/2016 OWNER: Indian River County CONTRACTOR KAST Construction Company LLC Project: INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNTY PARK OWNER's Project No. 1135 OWNER'S Bid No. 2014052 You are directed to make the following changes in the Contract Documents: Description: Install a complete Closed Circuit Television System as specified in the attached documents. Reason for Change Order: The original design did not include a security system for the project. Attachments: (List documents supporting change) KAST Request for Change Order No. 26 dated November 6, 2015 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $10.676.278.03 Net Increase from previous $269,093.31 Change Order Nos. 1, 2, and 3: 360 Contract Price prior to this Change $10.945.371.34 Order: (days) Net increase of this Change Order: $76.118.19 Contract Price with all approved $11.021.489.53 Change Orders: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 330 Final Completion: 360 Net change from previous Change Orders Nos. 1 and 2: (days) Substantial Completion: 15 Final Completion* 15 Contract Time prior to this Change Order: (days or dates) Substantial Completion: 345 Final Completion: 375 Net change for this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 345 Final Completion: 375 RECOMMENDED - By: ;. w ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: 00942 - Change Order No. 4 123015 00942-1 159 F"Public WorksXENGINEERING DMSION PROJECTS11135-S County Park Intergenerabional Rec Facility'Admim%agenda items%Change Order #4\00942 - Change Order No. 4 123015.doc Rev. 05101 2ma' KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY, SUITE 400 WEST PALM BEACH, FL 33407 Request for Change Order No. 26 Date: 11/6/2015 Project: I4-014-01 IRC INTERGENERATIONAL REC CENT 1590 9TH STREET SW VERO BEACH, Fl. 32962 To: Dan Trbovich BORRELLI + PARTNERS 720 VASSAR STREET ORLANDO, FL 32804 Description. Provide and install CCTV Equipment You are directed to make the following changes in this Contract: Provide and install CCTV Equipment From: KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOIN"T PARKWAY SUITE 400 WEST PALM BEACH, FL 33407 See Complete Electric Quote dated 11/04/2015 and supporting quote from Complete Alarm Inc. dated 10/12/2015 attached The ahove-mentioned changes are established from attached documentation (Exhibit A). The total direct cost to perform this work is............................................................................................... (Please refer to attached sheet for details.) $70,187.99 SDI $70,187.99 1.35% $947.54 Insurance $71,135.53 0.90% $640.22 Bond $71,775.75 1.00% $717.76 Fee $72,493.51 5.00% S3.624.68 Response Due: ARCHITECT BORRELLI + PARTNERS 720 VASSAR S"rREET ORLANDO, FI, 32804 By: Total: $76,118.19 CONTRACTOR OWNER BAST CONSTRUCTION COMPANY, LLC INDIAN RIVER COUNTY 701 NORTHPOINT PARKWAY 1800 27TH STREET BLDG A. WEST PALM BEACH. FI. 33407 VERO BEACH, FL 32960 B%. Date; Date: By - Date: Cc: Rich Szpyrka IRC I Page I of 2 1610 KAST CONSTRUCTION COMPANY, LLC 701 NORTHPOINT PARKWAY. SUITE 400 WEST PALM BEACH, FL 33407 Request for Change Order No. 26 Date: 11/6/2015 Price Breakdown Continuation Sheet Description: Provide and install CCTV Equipment Description Cost Code tabor Material Equipment Subcontract Other Price ELECTRICAL & DATA, 16-100 $70.187.99 $70,187.99 CCTV Equipment 76.118.19 Subtotal: 570,187.99 Page 2 of 2 1¢ll t&PCF a_ O T .: -1 O C - GOMPL� c� M l ti �� E.= � ii� :R '� f ' a, 9 C �E CTRlG' ¢ k �CTRIC" , IRC Rec Center Type: RFC#7-IRC REC CENTER CCN PO # 20701-4 Date: 11/4/2015 Complete Electric Inc Customer: Kast Builders Commercial Division Robert Binford 637 Sebastian Blvd Address: 701 Northpoint Parkway Ste 400 Sebastian, FI 32958 W Palm Beach, FI 33407 Phone: 772-388-0533 Phone: 561-689-2910 Fax:772-388-2411 Fax: 561-689-2911 www.completeelectricinc.com Web: www.kastbuild.com mthomas@)comi)leteelectricinc.com Email: rbinford0kastbuild_rom Signature Added days to schedule: 0 Pgrr" faW Cuakxner SWMuM firlim arthor'vation of quoted work end aaxptarm of peyrrerd 6aWty. Payment's due upon oerrpte6cn of work or uddadm* passing"required ngtec6ors.ff iwoba is not paid and Contedds er9vs3 etbmey to edop cd bc6on. cus aver agrees to pay d expenses and court cods of Option ihdudng curt out and ro nab* attorney lees b be faed by any cart in which acid atkxnir is required to appear. Cuab,nw inter apses that M may be wed in Indian P wr Cm*, fl Coat HAV T Date Estimator 162 s�-;- K r- •"�* �•M i-`�""+✓ +w Xi±�.sir �'�'K-t'ar- � ?�' Bill� INA 6 C •SRM � IRC Intergenerational Recreation Center Type: Quote P.O. # Date: 10/12/2015 Complete Alarm Inc Bill To: Complete Alarm Inc. c/o Bill Heemskerk c/o billh@completeelectricinc.com 633 Sebastian Blvd Address: 637 Sebastian Blvd Sebastian, Fl 32958 Sebastian, FI 32958 'Phone: 772-388-0533 Phone: 772-388-0533 Fax: 772-388-2411 Fax: 772-388-2411 www.comoletgalarminc.com Web: www.completeelec ri in om Email: billh(@comoleteelectricinc.com 6 - Provide and install an IP CCN system including cable, fiber, NVR's, Cameras, programming and customer training. Materials Units Each Amount 16 Channel 12 terabyte NVR's 2 $ 7,057.00 $ 14,114.00 Microdome one megapixel In ceiling cameras 10 $ • 198.00 $ 1,980.00 9 megapixel 180 degree cameras w/ backbox 10 $ 1;240.00 $ 12,400.00 12 megapixel 360 degree w/ pole pedant mount Brack. 4 $ 1,650.00 $ 6,600.00 4 count outdoor fiber optic cable 50 micron 5000 $ 0.92 $ 4,600.00 fiber connectors 32 $ 16.08 $ 51'4.56 j Cath uTv --! — — - - 3000$ T 0.26 $ 780.00 24 port patch panel— 2 $ 165.00 $ — 330.00 20 $ 0.70 $ 14.00 8745 ends --------------------•-- --- cat6 patch cords -- — -- 24 -- _ $ - 5.70 - --- — $ _ 136.80 • $ 41,469.36 7.00% $ 2,902.86 • 255.00 ' $0.00 • $ 44,627.22 abor ITS FIBER TECH Hours -;'''80 Rate $ s 65.00' Amount $ 5;200:00 TTS•TECH: 80: , $ 45.00 $ 31600.00 13OURNEYMAN: $ 45.00 $ - 1A0PitElYTICE• 83$ 28:00 $ ' 2,324.00 ' '• .$ 11,124.00 ' • $ 55,751.22 .. • ;$ - OVERHEAD 10% $ 5,575.12 PROFIT: 9% $ 5,519.37 . 4 " 163 INDIAN RIVER COUNTY, FLORIDA D' \ BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director FROM: James D. Gray, Jr.06 Coastal Engineer SUBJECT: Work Order No. 6 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (WINTER) DATE: January 11, 2016 DESCRIPTION AND CONDITIONS On October 1, 2013, the Board approved a contract with Morgan & Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a one-year term. The Board amended the contract on October 7, 2014 and again on September 15, 2015; renewing the the contract until September 30, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The proposed Work Order No. 6 provides winter -time countywide hydrographic surveying (beach profile) services as part of the County's beach monitoring program. Beach profile surveys are necessary to identify shoreline and volumetric changes throughout the County. Currently, the County only conducts annual (summer) beach profile surveys. However, a recommendation in the recently adopted Beach Preservation Plan, March 24, 2015, is to conduct semiannual beach profile surveys in order to monitor the seasonal, summer and winter fluctuations of the beach. The beach profile surveying identified in Work Order No. 6 will fulfill one of the recommendations in the 2015 update to the Beach Preservation Plan. All onshore and offshore beach profile surveys are conducted along The Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately -40 feet offshore (crosshore). Work Order No. 6 totals a lump sum amount of $49,500. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2016 beach profile survey data (winter and summer) to the County, resulting in a complete 22.4 mile countywide (semiannual) beach profile survey and a combined annual savings of approximately $33,000 to the County. FAPublic WorksUamesG\Countywide Survey\2016\agenda item -- WO No. 6 -- Morgan and Eklund Surveying 2016 - W INTER.docx 164 Page 2 BCC Agenda Item January 19, 2015 FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for winter beach profile surveying is budgeted and available in the Beach Restoration Fund, Other Professional Services Account No. 12814472- 033190-01024. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 6 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Morgan and Eklund, Inc. Work Order No. 6 (1 original copy) APPROVED AGENDA ITEM FOR: January 19, 2016 / BY.1 Indian River County Ap d Date Administration /�/#// Budget 111414 Legal 1 , 11" ' � Public Works /" /6 Coastal Eng. Division ,AG 11114 FAPublic WorksUamesG\Countywide Survey\2016\agenda item -- WO No. 6 -- Morgan and Eklund Surveying 2016 - W INTER.docx 165 MORGAN & EKL UND, INC. PROFESSIONAL SURVEY CONSULTANTS January 6, 2016 Indian River County Attn: Mr. James Gray, Jr. Coastal Engineer 1801 — 27t1i Street, Building A Vero Beach, Florida 32960 RE: Winter 2016 Indian River County Coastal Monitoring Survey; Onshore/Offshore Profiles along FDEP Range Lines R-30 to R-119 (90 Lines) Dear James: Morgan & Eklund, Inc. is pleased to provide you with the following proposal to fllrnish professional land and hydrographic survey services for the above referenced project. Beach profiles will include R-30 through R -I 19, a total of (ninety) 90 beach profile lines. All data collected will be in accordance with the FDEP-approved Physical Monitoring Plan. Morgan & Eklund, Inc. will provide the County with beach profile data in ASCII file format together with AutoCAD drawings signed by the surveyor. The survey will be performed during January/February 2016 with drawings and reports completed in April 2016. Additionally, the landward occurrence of rock outcroppings will be identified along each profile line. In accordance with the scope of work as discussed, I estimate our costs to be as follows: I. Winter 2016 Sector.3 Beach and Dune Restoration Project Post Construction Monitoring Survey (R-30 to R-60) 31 Onshore/offshore profile lines @ $550/line...................................$17,050.00 Il. Winter 2016 Sector 7 Post Construction Monitoring (R-97 to R-108) 12 Onshore/Offshore profile lines @ $550/line..................................$ 6,600.00 III. Winter 2016 Countywide Beach Monitoring (R-61 to R-96 and R-109 to R-119) 47 onshore/offshore profile lines @ $550/line................................... $25,850.00 Total Cost I-II1................................................$49,500.00 els• always, Morgan & Eklund, Inc, is looking forward to working with you and Indian River County on this project, Sincerely C hn R. organ, II, PLS JRM:sm 1 ent 8745 U.S. HIGHWAY 1, P O BOX 701420, WABASSO, FL 32970-1420 - PHONE. (772) 388-5364 - FAX. (772) 388-3165 - jmorgan(ilmorganeklund.com 1500 S.E. COURT, SUITE 110, DEERFIELD BEACH, FL 33441 - PHONE. (954) 421-6882 - FAX. (954) 421-0451 - pvouter•morganeklund.com 166 • f Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 2016 Countywide Beach Profile Monitoring Surveys (WINTER) WORK ORDER NO. 6 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with Contract No. 1333 2015-2016 This Work Order No. 6 is in accordance with the existing AGREEMENT dated October 1, 2013 and as amended October 7, 2014 and September 15, 2015 between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 6 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 6 is for the SURVEYOR to perform all related field and office Surveying and Mapping services in connection with the 2016 Countywide Beach Profile Monitoring Surveys (WINTER); Florida Department of Environmental Protection Reference Monuments R-30 — R- 119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 6; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". F:\Public Works\JamesG\Countywide Survey\2016\2016 Countywide Beach Profile Monitoring Surveys (WINTER) -- Morgan and Eklund WO 167 No. 6 signature page.docx IRC Work Order No. 6 Morgan and Eklund, Inc 2016 Countywide Beach Profile Monitoring Surveys (WINTER) January 19, 2016 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper"hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file in release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 6, for a total lump sum fee of $49,500. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2015 through September 30, 2016. All invoicing shall include Work Order No. 6 (WO 6), Contract Number (1333). Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1333 with the COUNTY and as stated in Section II, III and IV hereon. F:\Public Works\JamesG\Countywide Survey\2016\2016 Countywide Beach Profile Monitoring Surveys (WINTER) -- Morgan and Eklund WO No. 6 signature page.docx 168 IRC Work Order No. 6 Morgan and Eklund, Inc 2016 Countywide Beach Profile Monitoring Surveys (WINTER) January 19, 2016 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2016. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Bob Solari, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (Seal) Deputy Clerk Approved: Baird, COUNTY Administrator Approved as to Form and Legal Su ' iency: V"- William K. DeBraal, Deputy COUNTY Attorney Morgan and Eklund, Inc. (Printed name and title) Witnessed by: (Signature C:\Users\iohn\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.outlook\1SH123WG\2016 Countywide 169 Beach Profile Monitoring Surveys (WINTER) -- Morgan and Eklund WO No. 6 signature page.doex INDIAN RIVER COUNTY, FLORIDA EL PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Cv� Public Works Director FROM: Kimberly Graham, County Traffic Engine SUBJECT: Traffic Counters: Board Approval For Trade-in and Purchase Of Four (4) Traffic Counters DATE: January 7, 2016 DESCRIPTION AND CONDITIONS In accordance with County Capital Asset Policies.and Procedures, the Traffic Engineering Division seeks Board approval and authorization to trade-in four (4) non-functioning traffic counters and purchase four (4) newtraffic counters. The old traffic counters cannot be repaired and have no salvage value. The new traffic counters are needed to maintain the County's Traffic Count Program which is utilized for scheduling road repairs and roadway improvement projects, as well as determining transportation level -of -service and concurrency. The cost of the replacement counters is $6,760 and the trade-in value of the old counters is $400 resulting in a net purchase price of $6,360. RECOMMENDATIONS & FUNDING Staff recommends that the Board approve the transaction and authorize staff to trade-in four (4) old traffic counters and purchase four (4) new traffic counters. Funding for the purchase will come from Transportation Fund/Traffic Engineering/Other Machinery & Equipment account # 111-245-41-066-490. ATTACHMENTS Office of Management & Budget Approved Disposal of Excess Property Memorandum F:\TRAFFIC\MAY'A\RCC AGENDA ITEMS\AGENDA ITEMS\TRADE-IN NC97 TRAFFIC COUNTER FOR NEN' NC350 COUNTER.JANUARY 2016.DOC 170 Page 2 Consent Agenda Item For January 19, 2016 BCC Meeting Traffic Counter Trade -In and Replacement January 7, 2016 RECOMMENDATIONS Staff recommends that the Board approve the transaction and authorize staff to trade-in four (4) traffic counters and purchase four (4) new traffic counters. APPROVED AGENDA ITEM FOR: January 19, 2016 Indian River County ro Date Administration liw1 Budget Legal L-{xA Public Works Traffic Engineering Purchasin3- FiTRAFFIC\MAYA\13CC AGENDA ITEMMAGENDA ITEMS\TRADE-IN NC97 TRAFFIC COUNTER FOR NEW NC350 COUNTER.JANUARY 2016. DOC 171 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY TO: Raeanne Cone, Finance Department DATE: January 4, 2016 SUBJECT: Disposal/Transfer of Excess Property FROM: Ms. Maya Miller Check One: Surplus Transfer Asset Number: 22904 Serial Number: 5061729-418 Trade -In X Non -Capital Department: Public Works/Traffic Eng. Fleet Number: Description: NC -97 Traffic Counters Do you have possession of the asset? Yes X No Missing/Stolen If Lost/Missing has a police report been filed? Yes N/A No If yes, please attach a copy of the police report. If no, state reason: N/A Is the item functionaUWORKING CONDITION and could be used by another department? Yes No X If not in working condition, description of problems with item. Counters no longer compatible w/new software and do not function If transfer, department transferred to: N/A Contact Person: Donte' Taylor Telephone Number: 772-226-1719 Physical Location of asset: Donte's office or Traffic Engineering file room. (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be replaced, please answer the following: Purchase Ordmber for Replacement: Req. # 1125 Approval C t Custodian Date Replacement Received N/A 1- r7 rrLP Date I Approv Supe isor ger Dat Approval ( Director Date If asset transfer, approval of department receiving asset . Approval Director Date Additional Comments: To be completed by Budget Department: Approved for: Su rp s Trans Trade -In Replacement Budget W Director Date IT IS THE DISPOSIN DE RTMENT'S RESPONSIBILITY TO KEEP THE -ITEM UNTIL FACILITIES MANAGEMENT CM PICK UP. I)U NOT REy _ E PROPER7l' FROM'l'OU12 LOCATION WITHOUT PROPER AUTHORIZATION. FOR DISPOSAL This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of All other forms for disposal/transfer of property now obsolete. Revised: August 2015 172 r INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY TO: Raeanne Cone, Finance Department DATE: January 4, 2016 SUBJECT: Disposal/Transfer of Excess Property FROM: Ms. Maya Miller Check One: Surplus Transfer Asset Number: 22552 Serial Number: 5021047-418 Trade -In X Non -Capital Department: Public Works/Traffic Eng. Fleet Number: Description: NC -97 Traffic Counters Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes N/A No If yes, please attach a copy of the police report. If no, state reason. N/A Is the item funclionaUWORKING CONDITIOA' and could be used by another department? Missing/Stolen Yes No X If not in working condition, description of problems with item: Counters no longer compatible w/new software and do not function If transfer, department transferred to: N/A Contact Person: Donte' Taylor Telephone Number: 772-226-1719 Physical Location of asset: Dome's office or Traffic Engineering file room. (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be re laced, please answer the following: Purchase Orde bei for.Replacemeni: Req. # 1125 Approval MAI'— — Ass Custodian Approval 5Supe or/Manag Approval Director If asset transfer, approval of department receiving asset: Approval Director Additional Comments: To be completed by Budget Department: Approved for: S Wflu Tranl ,/ Date Replacement Received N/A 1I - �' - ((v Date In Replacement Budget Director Date IT 1&THE 1)ISPOS09F ARTMENT'S,RESRONSIB1Ll-T%' TO NEEP THE'ITEM UNTIL FACILITIES MANAGEMENT CAN* PIGK UP_. �:r __ . DO NOT'PROPERTY FROM l.66R LOCATION WITH. Lir P.ROPER'AUTHORIZ:4TION.FORhis form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of All other forms for disposal/transfer of property now obsolete. Revised: August 2015 D1/oi/aot(. Date / /i/ 41e; Date Date 173 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY 40 TO: Raeanne Cone, Finance Department DATE: January 4, 2016 SUBJECT: Disposal/Transfer of Excess Property FROM: Ms. Maya Miller Check One: Surplus Transfer Trade-in X Non -Capital Missing/Stolen Asset Number 22047 Department: Public Works/Traffic Eng. Fleet Number: Serial Number: 4038261418 Description: NC -97 Traffic Counters Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes N/A No If yes, please attach a copy of the police report. If no, state reason: N/A Is the item functional/WORKING CONDITION and could be used by another department? It not in working condition, description of problems with item: Counters no longer compatible w/new software and do not function If transfer, department transferred to: N/A Yes No X Contact Person: Donte' Tavlor Telephone Number: 772-226-1719 Physical Location of asset: Donte's office or Traffic Engineering file room. (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be replaced, please answer the following: Purchase Orde mber for Replacement: Req. 41125 Approval set Custodian Approva ` isor/Man er Approval Director If asset transfer, approval of denartmeru receiving asset: Approval Director Additional Comments: Date Replacement `Received N/A I� I�ItY Date 01/07 ao/L Date / X11 /1-6 Date Date To be completed by Budget Department: Approved for: Surpl T Trade-in Replacement Budget I3 Director Date IT IS THE DISPOSING ,EP _ TA4_ENT'S RESPONSIBILITY�T.O KEEP THE-ITEM,UNTIU FACILITIES MANAGEMENT • CAN PICKUP. DO NOT REM _ PROPERTY FROM 1'OUR:L.00ATION' WIT-HOtM P.ROPER,AUTHORIZATION'FOR DISPOSALi ' ~ This form is to be used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of All other forms for disposal/transfer of property now obsolete. Revised: August 2015 174 INDIAN RIVER COUNTY FORM FOR DISPOSAL/TRANSFER OF EXCESS PROPERTY • TO: Raeanne Cone, Finance Department DATE: Januar 4, 2016 SUBJECT: DisposaUTransfer of Excess Property FROM: Ms. Maya Miller Check One: Surplus Transfer Trade -In X Non -Capital Missing/Stolen Asset Number: 22906 Department: Public Works/Traffic Eng. Fleet Number: Serial Number: 5061711418 Description: NC -97 Traffic Counters Do you have possession of the asset? Yes X No If Lost/Missing has a police report been filed? Yes N/A No If yes, please attach a copy of the police report. If no, state reason: N/A Is the item functional/WORKING CONDITION and could be used by another department? Yes No X If not in working condition, description of problems with item: Counters no longer compatible w/new software and do not function If transfer, department transferred to: N/A Contact Person. Donte' Taylor Telephone Number: 772-226-1719 Physical Location of asset: Dome's office or Traffic Engineering file room. (The above information will aid Purchasing and Facilities Management in the process of equipment removal from department). If asset will be replaced, please answer the following: Purchase Ord"umber for Replacement: Req. # 1 125 Approval t Custodian Approval iJ aupery anger Approval Director If asset transfer, approval of department receiving asses Approval Date Replacement Received N/A Date Oi A7 /.10/� Date /////16 Daet Director Date Additional Comments: To be completed by Budget Department: Approved for: SurplusTransfer , Trade -In Replacement Budget 6 Director Date 1T IS THE DISPOSING DE — ENT'1 "i t' ONSIBILITY TO KEEP THE,ITEM.UNTIL FACILITIES MANdGEMENT'CAN PICK UP. DO NOT REMO _ OPERTY'FROM-YOIJR LOCATION Vl'TTNOIIT PROPER AUTHORI_ZATIQN FOR DS$OSAL This form is to he used for all property with or without an asset number assigned. Please attach a copy of this form securely to the item being disposed of. All other forms for disposal/transfer of property now obsolete. Revised: August 2015 175 Uylan Kemgold: County Attorney William K. DeBraal, Depute County Attorney Kate Pingolt Cotner, Assistant County Attorney S'A ,Office 0f Co// 0 91l 20 l /i INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE. January 13, 2016 SUBJECT. Memorandum of Lease Extension and Second Amendment to Lease Agreement for Winter Beach Tower at 3925 65th Street At its December 15, 2015 meeting, the Board of County Commissioners approved a Lease Extension and Second Amendment to Lease Agreement with Crown Castle on behalf of AT&T for the Winter Beach tower located at 3925 65th Street. Crown Castle is now asking for a second original Lease Extension and Second Amendment to be signed and is requesting the execution of the attached Memorandum of Lease Extension and Second Amendment. Staff would have preferred to have all of the documents considered at the same meeting, but Crown Castle's request for the second original and Memorandum is not unreasonable. Staff has reviewed the Memorandum and its contents accurately reflect the Lease Extension and Second Amendment. Funding There is no funding associated with this item as Crown Castle will pay recording fees Recommendation The County Attorney's Office recommends the Board approve the Memorandum to Lease Extension and Second Amendment for the Winter Beach Tower at 3925 65th Street site and authorize the Chairman to execute the Memorandum. Staff further recommends approval for the Chairman to sign an additional original Lease Extension and Second Amendment on behalf of the Board. c: Manny Cabo Mereida Bowens, Crown Castle - B -C.0 MEETING - CONSENT A y COUNTY -ATTORNEY 176 Prepared by. Matthew J Traiser, Esq 8805 Tamiami Trail North Suite 212 Naples, Florida 34108 Return to: Crown Castle Site BUN- 840753 - TC VERO 6430 Congress Avenue Suite 200 Boca Raton, Florida 33434 Cross Reference To. Parcel Number Book Page STATE OF FLORIDA COUNTY OF INDIAN RIVER MEMORANDUM OF LEASE EXTENSION AND SECOND AMENDMENT THIS MEMORANDUM OF LEASE EXTENSION AND SECOND AMENDMENT ("Memorandum") is made effective as of the latter signature below (hereinafter "Effective Date") by and between by and between Indian River County, a political subdivision of the State of Florida (hereinafter "Lessor") with an address of 1801 27`h Street, Vero Beach, Florida 32960 and Florida 2B MPI. Tower Holdings LLC, a Delaware limited liability company (hereinafter "Lessee") by CCATT LLC, its Attorney in Fact ("CCATT"), having a place of business at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. WHEREAS; Lessee and Lessor are parties to that certain Lease Agreement dated August 14, 1990 (the "Original Lease"), as amended by that Lease Extension and First Amendment dated November 18, 2014 (hereinafter "First Amendment and, together with the Original Lease, hereinafter referred to ar, the "Agreement") granting to Lessee a leasehold interest to and to a portion (which portion is hereinafter referred to as "Premises") of that real property located at 3925 65°i Street, in the City of Vero Beach, County of Indian River, and State of Florida commonly referred to as the Winter Beach Tower, which property underlying the Premises is legally described in Book 896, Page 995 in the Official Records of the Indian River Register of Deeds (hereinafter "Property"), together with those certain access, utility, and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, pursuant to that Lease Extension and Second Amendment of even date here\r1ih (hereinafter "Second Amendment"), Lessor and Lessee have amended, modified, and extended the Agreement upon the terms and conditions set forth in such Second Amendment and the parties desire to make this Memorandum to provide record notice of Lessee's rights under and pursuant to the Agreement, as amended. NOW THEREFORE, The parties agree and acknowledge as follows. In addition to the extension of the term of the Agreement set forth and described in Section 2 of the First Amendment, the parties hereby agree that the term of the Agreement is further extended BUN 840753 - TC VERO Memorandum of Second Amendment 177 for four (4) additional periods of five (5) years each (each a "Renewal Term" and, collecnvelN with the initial term of the Agreement, hereinafter the '`Lease Term,"), commencing on January 21, 2016. As amended and modified herein, unless otherwise cancelled or terminated as set forth in the Agreement, the final Renewal Term will expire on January 20, 2046 The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew at least ninety (90) days prior to the expiration of the Initial Term or current Renewal Term, as the case may be. 2 The description of the Premises leased to Lessee under and pursuant to the Agreement is described and/or depicted on the attached Exhibit A. 3. Nothing in the Second Amendment nor in this Memorandum shall operate to amend, modify or alter the terms of the Agreement, other than as specifically set forth in the Second Amendment. 4. The purpose of this Memorandum is to set forth the description of the revised. amended and extended Lease Term, the description or depiction of the Premises leased to Lessee pursuant to the Agreement, any access and utility easements or rights of way granted pursuant to the Agreement, and to give record notice of the Agreement and of the rights created thereby, all of which are hereby confirmed. The terms of the Agreement and all amendments thereto are incorporated herein by reference. [SIGNATURE PAGE FOLLOWS] BUN 840753—TC VERO 178 Memorandum of Second Amendment IN WITNESS WHEREOF, the parties have executed this Memorandum under seal as of the date set forth below. ATTEST Jeffrey R Smith Clerk of Court and Comptroller septi . Baird /County Administrator LESSOR: BOARD OF COUNTY COi\1N11SSIU\LIZ1) INDIAN RIVER COUNTY, FLORIDA By. Bob Solari, Chairman Approved by the BCC: APPROVEDASTO FORP AN LEGAL SUFFICIENCY William K. DeBraal Deputy County Attorney STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me this day of 2015 by of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida personally known to me or has produced Given under my hand this My Commission Number - My Commission Expires - as identification. day of 12015. Notary Public Printed Name BUNT• 840753 — TC VERO Memorandum of Second Amendment 179 LESSEE: FLORIDA 2B MPL TOWER HOLDINGS LLC. A DELAWARE LIMITED LIABILITY COMPANY WITNESSES By- CCATT LLC, A DELAWARE LIMITED LIABILITY COMPANY ITS ATTORNEY IN FACT Witness By Print Name Its - Date Witness Print Name: STATE OF ) COUNTY ) The foregoing instrument was acknowledged before me this day of 2015 by the of CCATT, LLC, a Delaware limited liability company, the Attorney in Fact for Florida 213 MPL Tower Holdings LLC, a Delaware limited liability company. He/She is personally known to me or has produced as identification. Given under my hand this day of 2015. My Commission Number: Notary Public My Commission Expires: Printed Name 4 BUN 840753 — TC VERO Memorandum of Second Amendment 180 v� !I Exhibit / LEGAL DESCRIPTION Site: VERO BEACH, R.S.A. PARENT TRACT The East one-half of the Northwest onc-quarter of the Southwest one- quarter of Section 10, Township 32 South, Range 39 East, Indian River County, Florida. LEGAL DgSCRPTION LEASE PARCEL A parcel of land being a portion of the East one-half of the Northwest one-quarter of the Southwest one-quarter of Section 10. Township 32 South, Range 39 East, Indian River County, Florida, being more particularly described as follows: Commencing at the Northeast corner of the Northwest one-quarter of the :southwest one-quarter of said Section 10, proceed S 00^26'30" W along the East line of the Northwest one-quarter of the Southwest one-quarter of said Section 10 a distance of 1,020.53 feet: thence N 8933'30" W a distance of 274.35 feet to the Point of Beginning: thence S 0026'30" W a distance of 50.00 feet; thence N 89904'59' W a distance of 58.00 feet; thence N 00026'30" E a dis- tance of 50.00 feet; thence S 89°04'59" E a distance of 58.00 feet to the Point of Beginning. Containing 2,899.9 square feet, more or less. LEGAL DESCRIPTION ACCESS/ANCHOR EASEMENT A parcel of land being a portion of the East one-half of the Northwest one-quarter of the Southwest one-quarter of Section 10, Township 32 South, Range 39 East. Indian River County. Florida, being more particu- larly described as follows: Commencing at the Northeast corner of the Northwest 1/4 of the Southwest 1/4 of said Section 10, proceed N 89004'59' W along the North line of thR Southwest 1/4 of Section 10 a distance of 274.36 feet; thence S 0026'30 W a distance of 40.00 feet to a point on the South right-of-way line of 65th o Street (AKA South Winter Beach Road), said point also being the Point of :0 .Beginning: thence S 00026'30" W a distance of 667.81 feet'; thbnce C7 S 89o04'59" E a distance of 274.36 feet; thence S 00°26'30" W a distance a -of 633.48 feet; thence N 89.39'22" W a distance of 660.29 feet: thence W N 0026'40" E a distance of 640.09 feet; thence S 89°04159" E a distance of 355.92 feet, thence N 00926'30" E a distance of 667.81 feet to a point 0 on said south right-of-way line of 65th Street; thence S 89°04'59" E along r said south right-of-way line of 65th Street a distance of 30.00 feet to the 0 Point of Beginning. O Containing 440,485.5 square feet or 10.11 acres, more or less. 181 LEASE EXTENSION AND SECOND AMENDMENT THIS LEASE EXTENSION AND SECOND AMENDMENT (hereinafter "Second Amendment") is made effective as of the latter signature below (hereinafter "Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "Lessor") with an address of 1801 2 7" Street, Vero Beach, Florida 32960 and FLORIDA 2B MPL TOWER HOLDINGS LLC. a Delaware limited liahilih company (hereinafter "Lessee") by CCATT LLC, its Attorney in Fact ("CCATT"), having a place of business at 2000 Corporate Drive, Canonsburg, Pennsylvania 15317. WHEREAS, Lessee and Lessor are parties to that certain Lease Agreement dated August 14, 1990 (the "Original Lease"), as amended by that Lease Extension and First Amendment dated November 18, 2014 (hereinafter "First Amendment and, together with the Original Lease, hereinafter referred to as the "Agreement") granting to Lessee a leasehold interest in and to a portion (which portion is hereinafter referred to as "Premises") of that real property located at 3925 651 Street, in the City of Vero Beach, County of Indian River, and State of Florida commonly referred to as the Winter Beach Tower, which property underlying the Premises is legally described in Book 896, Page 995 in the Official Records of the Indian River Register of Deeds (hereinafter "Property"), together with those certain access, utility, and/or maintenance easements and/or rights of way granted in the Agreement; and WHEREAS, the parties wish to clarify, modify, amend, and alter certain terms and conditions of the Agreement as provided herein. NOW THEREFORE, for and in consideration of the mutual covenants, promises and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee, intending to be legally bound, hereby agree as follows: 1. Status of Parties and Representations. Each party acknowledges that, to the best of its knowledge the other party has complied in all material respects with the obligations under the Agreement occurring on or prior to the date hereof and that, to the best of its knowledge, the other party is not in default under the terms of the Agreement. 2. Acknowledgement and Consent to Sublease. Lessor hereby acknowledges and consents to the sublease, license or the grant of a right of use for a portion of the Premises by Lessee to Verizon Wireless, its subsidiaries and affiliates (hereinafter "Verizon Wireless" and a "Sublessee" as defined below). 3. Amendments. (a) Term of Lease. In addition to the extension of the term of the Agreement set forth and described in Section 2 of the First Amendment, the parties hereby agree that the term of the Agreement is further extended for four (4) additional periods. of five (5) years each (each a "Renewal Term" and, collectively with the initial term of the Agreement, hereinafter the "Lease Term"), commencing on January 21, 2016. The Lease Term shall automatically be extended for each successive Renewal Term unless Lessee notifies Lessor of its intention not to renew at least ninety (90) days prior to the expiration of the Initial Term or current Renewal Term, as the case may be. As amended and modified herein, unless otherwise cancelled or terminated as set forth in the Agreement, the final Renewal Term will expire on January 20, 2046. (b) Rental Escalations. Effective on January 21, 2026, and on January 21 of every year thereafter (each an "Adjustment Date"), the annual rent shall increase by an amount equal to four percent (4%) of the annual rent in effect for the year immediately preceding the Adjustment Date. Such rent escalations shall replace any rent escalations currently in the Lease. FA: 10023046 BUN: 840753 — TC VERO Second Amendment 182 (c) Subleases. From and after the Effective Date; Lessee shall have the right to sublease, license and grant others the right to use all or any portion of the Premises (each a "Sublease") to any other party or multiple parties (each a "Sublessee"), with the consent of Lessor, which consent shall not be unreasonably withheld, delayed or conditioned. In the event Lessee intends or desires to grant a Sublease to any Sublessee following the Effective Date, Lessee shall provide written notice of such intent together with the name of such Sublessee to Lessor (such notice hereinafter referred to as a "Notice of Sublease"). Lessor shall have a period of thirty (30) days following the receipt of any such Notice of Sublease to review, approve or object to such orant of such Sublease. In the event Lessor fails to consent or provide written objections to such Sublease within thtny (30) days following Lessors receipt of a Notice of Sublease, such consent shall be deemed granted and Lessee may thereafter make and enter into such Sublease with the Sublessee, or an affiliate thereof, as set forth in the Noticeu[ Sublease. Lessee and any Sublessee, and Lessee's other licensees and users of the Property shall have the right, at their sole cost and expense, to place, maintain, use, operate, repair and replace antennas, transmitters. cabinets. shelters, improvements, generators, and other installations within the boundary of the Premises and within any access or utility easement appurtenant thereto or set forth in the Agreement, and do make and install any and all appurtenant improvements that may be deemed necessary or advisable for the construction, installation. use. maintenance, repair, replacement or operation thereof, at any time and from time to time during the term of the Agreement. (d) Sublessee Additional Rent. As consideration for any sublease, license or a grant of use to aliv Sublessee first made, entered into or granted by Lessee to any Sublessee after the Effective Date of this Second Amendment to any Sublessee that is not, as of the Effective Date, a Sublessee, licensee or other user of the Premises, Lessee shall pay to Lessor an amount equal to thirty-three percent (33%) of the recurring rental payments actually received by Lessee from each such Sublessee (excluding any reimbursement of taxes, construction costs, installation costs, revenue share reimbursement or other expenses incurred by Lessee in installing the such Sublessee)(hereinafter "Sublessee Additional Rent"). Any applicable Sublessee Additional Rent shall commence upon the first day of the first month following the receipt of such payments by Lessee from such Sublessee, and continuing thereafter until the earlier of (1) the expiration of the Agreement or (it) the cessation of use by such Sublessee of the Premises as evidenced by a written notice of such termination or cessation by Lessee to Lessor. As set forth in Section 2 of this Amendment, Verizon Wireless is to be considered a "Sublessee" within the meaning set forth herein. (e) One -Time Payment. As additional consideration for this Second Amendment, Lessee agrees to pay Lessor a one-time amount of Ten Thousand and No/100's Dollars ($10,000.00) (hereinafter "Bones Payment"), which amount shall be due and payable sixty (60) days following the full execution and delivery of this Second Amendment. Lessor acknowledges that the Bonus Payment may be paid by CCATT LLC (hereinafter "Crown") on behalf of Lessee, and Lessor agrees to accept the Bonus Payment from Crown a complete accord and satisfaction of the obligation of Lessee in this Section. Upon payment of the Bongs Payment by Crown, Lessor waives and releases Lessee and Crown from any and all claims Lessor may have pursuant to the Agreement or this Second Amendment related to or arising out of the Bonus Payment. 4. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement. Except as otherwise expressly amended herein, all the terms and conditions of the Agreement shall remain and continue in full force and effect. The recitals set forth in this Second Amendment are incorporated herein by reference. This Second Amendment shall be binding upon the heirs, legal representatives. successors and assigns of the parties. The parties shall execute and deliver such further and additional instruments, agreements and other documents as may be necessary to evidence or carry out the provisions of this Second Amendment. This Second Amendment may be executed in two (2) or more counterparts and by facsimile; each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. An,, FA: 10023046 BUN: 840753 — TC VERO Second Amendment 183 signature delivered by facsimile or other forms of electronic transmission, such as a portable document format ("PDF"), shall be considered an original signature by the sending party. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS FA: 10023046 BUN: 840753 — TC VERO Second Amendment 184 IN WITNESS WHEREOF, the parties hereto have respectfully executed this Lease Extension and Second Amendment effective as of the date of the latter signature below ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk LESSOR: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Bob Solari Chairman, Board of County Commissioners ye - a&jd— Approved by the BCC ph A. aird nty Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY J h jw/ illiam K, DeBraal Deputy County Attomey December 15, 2015 LESSEE: FLORIDA 2B MPL TOWER HOLDINGS LLC, A DELAWARE LIMITED LIABILITY COMPANY WITNESSES By: CCATT LLC, A DELAWARE LIMITED LIABILITY COMPANY ITS ATTORNEY IN FACT Witness By: Print Name: Its: Date: Witness Print Name: FA: 10023046 BUN: 840753 - TC VERO Second Amendment 185 Dylan Reingold, County Attorney William K. DeBraal. Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney ZN ' O�Ce 0 f Cril'm!u10111 J1 01 INDIAN RIVED COUNTY MEMORANDUM TO: The Board of County Commissioners FROM. William K. DeBraal, Deputy County Attorney DATE: January 13, 2016 ATTORNEY SUBJECT: Interlocal Agreement Among Indian River, Martin, and St. Lucie Counties Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast At its meeting of November 17, 2015, the Board of County Commissioners approved participating in an Interlocal Agreement with Martin and St. Lucie Counties Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast The final draft of the document has been approved by the staffs from the participating Counties and is now presented to the Board for final approval. Funding. There is no funding associated with the execution of the Interlocal Agreement Recommendation. Staff recommends the Board approve the Interlocal Agreement Establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast and authorize the Chairman to execute the Agreement on behalf of the Board APPROVED FOR - 1 / /1O___� B.C.0 MEETING.- CONSENT AGLNDA OUNTY ATTORNEY 186 INTERLOCAL AGREEMENT AMONG INDIAN RIVER, MARTIN, AND ST. LUCIE COUNTIES ESTABLISHING THE TREASURE COAST WORKFORCE CONSORTIUM AND THE 'WORKFORCE DEVELOPMENT BOARD OF THE TREASURE COAST THIS INTERLOCAL AGREEMENT, is made and entered into pursuant to the authority of Section 163 01, Florida Statutes, by and between Indian River County, Martin County and St. Lucie County, each a political subdivision of the State of Florida WITNESSETH: WHEREAS, Public Law 113-128, enacted by the, Congress of the United States effective July 22, 2014, which act is known as the "Workforce Innovation and Opportunity Act" (hereinafter called the "WIOA"), the purpose of which is to help job seekers access employment, education, training, and support services. to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy, and WHEREAS, the WIOA replaces the Workforce Investment Act of 1998 and retains and amends the Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973, and WHEREAS, the WIOA makes state and local boards more agile and well-positioned to meet local and regional employers' workforce needs, and WHEREAS, the WIOA maintains a Governor's ability to identify regions within his or her state by aligning local areas into regions for coordinated planning and service delivery strategies and further provides that a consortium of units of general local government may constitute such a workforce planning area, and WHEREAS, WIOA promotes alignment of workforce development programs with regional economic development strategies to meet the needs of local and regional employers, and WHEREAS, the Board of County Commissioners of each of the parties to this Agreement desires that its county be included in a regional workforce development system for its citizens to benefit from the WIOA, and WHEREAS, the WIOA requires local Workforce Development Boards (WDB) to coordinate and align workforce programs to provide coordinated, complementary, and consistent services to job seekers and employers, and 187 Page 1 of 7 WHEREAS, it is the responsibility of the Board of County Commissioners of each county in the region to appoint members to the WDB in accordance with the WIOA and an agreement entered intu, by the Board of County Commissioners of each county; and WHEREAS, it is the responsibility of the WDB, in accordance with an agreement with the Board of County Commissioners of each county in the region, to determine procedures and select an entity to develop a workforce development strategic plan, and select a grant recipient and entity to administer the plan, and WHEREAS, the plan must be approved and submitted jointly by the WDB and the Board of County Commissioners of each county in the region NOW, THEREFORE, the parties hereto agree as follows 1 Repeal of Existing Interlocal Agreements Any and all prior existing interlocal agreements establishing the Treasure Coast Workforce Consortium and the Workforce Development Board of the Treasure Coast between the parties and Okeechobee County are hereby repealed upon the effective date of this Agreement. 2. Establishment of Treasure Coast Workforce Consortium There is hereby established a multijunsdictional arrangement (hereinafter called the "Treasure Coast Workforce Consortium") among all the parties hereto for the express purpose of collectively carrying out the individual responsibilities of each party to this Agreement under the WIOA. The Treasure Coast Workforce Consortium shall consist of three (3) members The Chairman of the Board of County Commissioners of each county shall serve as his/her County's representative on the Treasure Coast Workforce Consortium, however, provided that any such Chairman of a Board of County Commissioners may designate another member of his/her County Commission to attend meetings of the Treasure Coast Workforce Consortium on his/her behalf, and any such designated member of a County Commission shall have full voting rights and privileges 3 Identification of Parties to this Agreement Each of the parties to this Agreement is a county of the State of Florida, and as such is a general purpose political subdivision which has the power to levy taxes and spend funds, as well as general corporate and police powers The governing body of each of the parties to this Agreement is its Board of County Commissioners and each party to this Agreement is identified as follows Name Address Board of County Commissioners 1801 27'h Street Indian River County, Florida Vero Beach, FL 32960 188 Page 2 of 7 Board of County Commissioners Martin County, Florida Board of County Commissioners St. Lucie County, Florida 2401 S E Monterey Road Stuart, FL 34996 2300 Virginia Avenue Fort Pierce, FL 34982 4 Geographical Area to be Served by this Agreement The geographical areas which will be served by this Agreement are the entire geographical areas of each of the three (3) member counties, which geographical areas are legally described in Chapter 7, Florida Statutes, and for purposes of this Agreement, shall be known as the Treasure Coast. 5 Size of Population to be Served The population of the three county area to be served by this Agreement is 571,821 based upon the population projections for 2014 prepared by the Florida Department of Economic Opportunity, Bureau of Labor Market Statistics. 6 Agreement Not Prohibited by Law This Agreement is not prevented by State or local law from taking effect in the entire geographical area which it intends to serve 7 Responsibilities of Treasure Coast Workforce Consortium The parties to this Agreement hereby authorize the Treasure Coast Workforce Consortium (1) to appoint the members of the Workforce Development Board of the Treasure Coast, in accordance with Section 107 of Title I of the WIOA and Section 9 of this Agreement, which shall serve the functions described in Section 107 of Title I of the WI OA, and (2) to enter into an agreement or agreements with the Workforce Development Boara of :he Treasure Coast, herein named WIOA grant recipient and administrative entity for the development of the WI OA plan as described in Section 108 of Title I of the WI OA, and (3) to review and approve all WIOA plans prepared under Section 108 of Title I of the WIOA and jointly submit, along with the Workforce Development Board of the Treasure Coast, said plans to the Governor; and (4) to perform any other appropriate duties necessary for the accomplishment of and consistent with the purposes of this Agreement and the WI OA. 8 Quorum and Voting At all meetings of the Treasure Coast Workforce Consortium, the presence in person of a malor,ty of the whole Treasure Coast Workforce Consortium shall be necessary and sufficient to constitute a t 189 Page 3 of 7 quorum for the transaction of business At all meetings of the Treasure Coast Workforce Consortium at which a quorum is present, all matters shall be decided by the vote of a majority o, the r,emoers c -f et:c i Treasure Coast Workforce Consortium. 9 Establishment, Composition, and Appointment of the Workforce Development Board There is hereby established a Workforce Development Board, which shall be constituted in accordance with the requirements of Section 107 of Title I of the WIOA and this Section 9 of this Agreement (hereinafter called the "Workforce Development Board of the Treasure Coast") The initial number of members of the Workforce Development Board of the Treasure Coast shall be twenty-one (21) Thereafter, the number of members of the Workforce Development Board shall be determined by the Workforce Development Board Members shall be appointed for fixed and staggered terms and may serve until their successors are appointed After the initial staggered terms, terms of Workforce Development Board members shall be three (3) years. Any vacancy in the membership of the Workforce Development Board shall be filled in the same manner as the original appointment. Members may be reappointed for successive terms if the sponsoring organization agrees. Any member of the Workforce Development Board may be removed for cause in accordance with procedures established by the Workforce Development Board �I A majority of the Workforce Development Board shall be representatives of the private sector, who shall be owners of businesses, chief executives or chief operating officers of businesses, and other business executives or employers with optimum policy-making or hiring authority or who represent businesses with employment opportunities that reflect the employment opportunities of the local area Private sector nomination, and the individuals selected by the Treasure Coast Workforce Consortium from such nominations, shall reasonably represent the industrial and demographic composition of the business community The Chairman of the Workforce Development Board shall be selected from among members of the Board who are representatives of the private sector The private sector representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from individuals nominated by general-purpose business organizations, such as chambers of commerce, economic development agencies, business councils, and business trade organizations, as follows. (1) All nominations to the Workforce Development Board must be the CEO, or manager or equivalent of their organization whether private or public (2) The education representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from individuals nominated by regional or local educational agencies, institutions or organizations representing such local educational entities 190 Page 4 of 7 (3) The labor representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from individuals nominated by local labor organizations (4) The rehabilitation agency representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local rehabilitation agencies (5) The community-based organization representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local community-based organizations (6) The economic development agency representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from the individuals nominated by local economic development agencies (7) The one-stop representatives on the Workforce Development Board shall be selected by the Treasure Coast Workforce Consortium from individuals representing one -stop partners (8) Other individuals or representatives of other entities may be included as the Workforce Development Board may determine to be appropriate and are so appointed by the Treasure Coast Workforce Consortium 10 Workforce Development Area Designation. Pursuant to the designation by the Governor, the three (3) counties constituting the Treasure Coast Workforce Consortium shall be the Treasure Coast Workforce Development Region, previously a substate service delivery area under the Workforce Innovation Act, as provided for in Section 107 of Title I of the WIOA for the geographical area covered by this Agreement. 11 No Local Funds Required of Counties No funds will be mandated from the treasuries of any of the parties to this Agreement for implementation of the WIOA, it being the intent hereof that all funding of the WIOA shall be accomplished entirely by grants pursuant to the WIOA and any other available State or Federal grants 12. Duration of Agreement This Agreement shall have the duration equal to the period that the Treasure Coast Workforce Development region designation remains in effect for the geographical area covered by this Agreement. Any party to this Agreement may withdraw from this Agreement by passing a resolution to such effect and providing thirty (30) days notice to the other parties to this Agreement. However, the validity, force, and effect of this Agreement shall not be affected by the withdrawal of one (1) or more parties to this Agreement. 191 Page 5 of 7 13 Effective Date This Agreement shall be effective when executed by the parties hereto and when a copy of this Agreement has been filed with the Clerks of the Circuit Courts of the respective counties IN WITNESS WHEREOF, the undersigned parties have executed this Agreement DULY EXECUTED by INDIAN RIVER COUNTY this day of 20 BOARD OF COUNTY COMMISSIONERS - INDIAN RIVER COUNTY, FLORIDA Jeffrey R Smith, Clerk of the Circuit Court And Comptroller Approved as to form and legal sufficiency . t. �— IK' izl William K. De raal, eputy County Attorney Bob Solari, Chairman DULY EXECUTED by MARTIN COUNTY this day of BOARD OF COUNTY COMMISSIONERS - MARTIN COUNTY, FLORIDA Carolyn Timmann, Clerk of the Circuit Court and Comptroller Approved as to form and legal sufficiency Michael D Durham, County Attorney Anne Scott, Chair 20_ 192 Page 6 of 7 DULY EXECUTED by ST LUCIE COUNTY this day of , 20 BOARD OF COUNTY COMMISSIONERS - ST. LUCIE COUNTY, FLORIDA Deputy Clerk of the Circuit Court Approved as to form and legal sufficiency County Attorney Kim Johnson, Chairman T \LEG\legal\wpfiles\evl\ADM\Treasure Coast Workforce Consortium Interlocal Agreement (1 1-10-15).doc 193 Page 7 of 7 Dylan Reingold. County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney _ g� Office of Consent 01 / 19 10 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: January 13; 2016 ATTORNEY SUBJECT: Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County Housing and Rental Assistance Department. While federal regulations govern the program, local demographics can influence the program's administration and its guidelines. The County's Comprehensive Plan, Chapter 7, sets forth the County Housing Element and includes demographics on the county's elderly population According to the Plan, nationwide, retirees make up 27% of a community's population, while Indian River County's retiree population averages 41 %. While some of our County's retirees are affluent and need no assistance, a larger number of retirees meet the definition of low and very low income residents and thus qualify for some form of housing assistance Because our County has a larger than average elderly, low income population, federal guidelines allow the County Housing Department to cater to the community need of supplying housing assistance to low income elderly residents. Thus, the County's Housing Cho!ce Voucher Program provides federal housing assistance to our low income elderly residents It should be pointed out that the Voucher Program also assists veterans, those In the witness protection program and other low income qualifiers APPROVED FOR B.0 C MEETING - CONSF i 6 -NDA COUNTY ATTORNEY Indian Nava Cn Ap toved Date Admin. Legal t Dept. Risk r✓�gr -- 194 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program January 13, 2016 Page 12 The Housing Choice Voucher Program is designed to benefit all participants Private providers that own multi or single family homes apply to the County Rental Assistance for participation. The units are inspected and approved for the Voucher program Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. An interested low income, full time resident must apply to the County Housing Department. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with the Housing Department in order to determine their portion of the rent that will be responsible for paying directly to the landlord and whether they qualify for financial assistance with utilities After working out the financial details, the tenant signs a lease with the landlord, the County Housing Department processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current fair market rents that were approved by HUD on December 11, 2015. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2016 is attached for the Board's consideration Similarly, utility rates for water, sewer, gas, electric, and propane must be approved by the Board Since those rates have not changed significantly in the past year, no utility rate resolution needs to be considered by the Board for this fiscal year. Funding: There is no funding associated with this resolution Recommendation Staff recommends the Board approve the resolution setting the Fair Market Values for Fiscal Year 2016 and authorize the Chairman to execute the resolution on behalf of the Board. Copies to: Stan Boling, Community Development Director Robin Miller, Housing Program Manager 195 RESOLUTION 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR FISCAL YEAR 2016 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency (PHA) by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) Payment Standards in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%) of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%) of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Program Payment Standards, effective December 11, 2015, and these standards are set between ninety percent (90%) and one hundred ten percent (110°/x) of FMR, and WHEREAS, the County has now been made aware that HUD regulations require annual adoption and approval of Payment Standard Amounts both past and present NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%) of Fair Market Rent for beginning Fiscal Year 2016 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $645 . $752 $858 $1068 $1281 196 RESOLUTION 2016 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this _ day of 12016. Attest. Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: o) se A Baird County Administrator Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Bob Solari, Chairman 197 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph.A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; Ummunity Development Director FROM: Sasan Rohani, AICP X. Chief, Long -Range Planning DATE: January 8, 2016 SUBJECT: County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub -elements of the County's Comprehensive Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of January 19, 2016. DESCRIPTION AND CONDITIONS This is a county -initiated request to amend the text of the Potable Water and Sanitary Sewer Sub - elements. of the county's Comprehensive Plan. The request was directed by the Board of County Commissioners (Board) at its October 13, 2015 meeting (see attachment #I). Its purpose is to revise Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element to modify certain policy provisions that allow properties that lie outside the Urban Service Area (USA) to be connected to centralized water and sewer service under certain conditions. Specifically, the amendment is intended to allow churches and camps/retreats that lie outside the "USA" to be connected to public water and sewer service. • Comprehensive Plan Amendment Review Procedures Although the number of plan amendments that the county may consider is not limited, the county's Comprehensive Plan regulates the frequency with which the county may amend the plan. According to the county's Comprehensive Plan, plan amendments are limited to four times per calendar year. For that reason, the county accepts general plan amendment applications only during the "window" months of January, April, July and October. In this case, the subject application was submitted during the October 2015 window, and was the only application submitted during that window. The procedures for reviewing a Comprehensive Plan amendment involve several steps. First, the Planning and Zoning Commission (PZC), as the Local Planning Agency, conducts a public hearing to 198 I i I I I review the request. At the public hearing, the Commission makes a recommendation to the Board of County Commissioners (Board) to approve, approve with modifications, or deny the requested amendment. I Following PZC action, the Board conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the amendment is transmitted, state and regional review agencies review the amendment as it pertains to each agency's area of focus. Review agencies then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues raised in the review agency comments, a second and final Board public hearing is conducted. If the Board approves the request at the final hearing, then the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the approved amendment submittal is complete, unless a challenge is filed by an affected party. At its regular meeting of December 10, 2015, the Planning & Zoning Commission voted 5-0 to recommend that the Board of County Commissioners deny the proposed amendment (see attachment #3). The PZC's recommendation and reasoning for its recommendation are described later in this report. The subject public hearing is the second step in the Comprehensive Plan amendment process. At this time, the Board of County Commissioners must decide whether or not to transmit the proposed amendment to state and regional review agencies. If the Board votes to transmit this amendment, it will be scheduled for a final Board hearing in March or April. BACKGROUND • Purpose of the Urban Service Area & Connection Policies Since 1990, Indian River County has had a designated Urban Service Area (USA). Located mostly east of Interstate 95, the USA is that portion of the county where urban services and facilities are provided. As such, the USA is that part of the county which can accommodate higher intensity development. While the principal purpose of the Urban Service Area is to establish where urban facilities such as water and sewer lines are constructed and where urban services are provided, the USA also serves as an urban growth boundary. In that capacity, the USA serves as the area in which urban development is encouraged, and outside of which urban development is prohibited. In its present position, the Urban Service Area boundary provides a clear delineation between urban and rural areas. Since the uses allowed outside the USA are limited to very low density residential uses or clustered development, as well as agricultural uses, certain non-residential uses, and natural uses, the USA serves to maintain the rural character of the land outside the urban service area. For that reason, the USA provides an important function in directing urban and rural development to appropriate locations. 2 199 An important aspect of the county's Comprehensive Plan and Future Land Use Map is to direct residential, commercial, and industrial growth to property inside the Urban Service Area. In so doing, the plan ensures that infrastructure investments are made in an efficient and cost effective manner, while urban development occurs in a generally compact pattern. In the Future Land Use Element of the Comprehensive Plan, there are several Urban Service Area policies. Those policies primarily focus on services provided within the Urban Service Area, densities allowed within and outside of the Urban Service Area, and uses allowed within and outside the Urban Service Area. Those policies also address Urban Service Area expansion. As to the restriction of public facilities outside of the Urban Service Area, that issue is addressed in both the Potable Water Sub -element and the Sanitary Sewer Sub -element of the Comprehensive Plan. Through Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub - element, the Comprehensive Plan essentially limits the provision of centralized water and sewer service to areas within the Urban Service Area. Although those policies limit water and sewer service to areas within the USA, each of the policies has a list of exemptions to the general rule of prohibiting water and sewer outside of the USA. Exemptions to the prohibition of providing water and sewer service outside of the USA are limited. Those exemptions include an allowance for uses, such as agricultural businesses and agricultural industries, that typically need to locate in rural areas. Exemptions also apply to preferred types of development that have efficient layouts such as clustered developments and new town projects, and to properties that lie outside the USA but are located within 500 feet of an existing main distribution line or sewer main that is part of a looped system. Finally, there is an exemption for properties with a high risk of private well contamination. • Initiation of Amendment Request At its October 13, 2015 meeting, the Board heard from representatives of an agricultural business, a camp/retreat facility, and a church. All three representatives expressed a need or strong desire to change existing policy to allow connection of their projects to a county water line (for potable water and fire protection) and to a sewer line. All three projects are located close together on 12`h Street west of 58`h Avenue, in an area that is more than 500 feet from the Urban Service Area. Although the agricultural business can already connect under current policy, that representative supports a policy change that will allow the neighboring church and camp/retreat facility to connect so that all three projects can jointly fund and benefit from common improvements to extend water and sewer lines along 12`h Street for the three projects. Because the camp/retreat facility and the church are located outside of the Urban Service Area (USA) and are more than 500 feet from existing water and sewer lines, they cannot connect their projects to county water and or sewer under current Potable Water Sub -element Policy 5.7 and Sanitary Sewer Sub -element Policy 5.8. During the October 13th meeting, Planning and Utility Services staff explained the purpose of the USA and the USA -related connection policies. After hearing from the representatives and staff, Board members discussed the merits of allowing projects outside the USA with "bad water" and/or fire protection needs to connect to water and/or sewer lines at their own expense. In the end, the Board directed staff to amend connection policies to allow projects such as the 3 200 camp/retreat and church, which lie outside the USA, to connect to public water and sewer service (see attachment #I). In response to that direction, staff initiated the formal amendment process and drafted proposed changes to water and sewer connection policies that will allow the projects to connect subject to certain conditions (see attachment #3). • Current Urban Service Area Policies As structured, the county's Urban Service Area policies, which include water and sewer connection policies, address both growth management and utility system expansion issues. From a growth management perspective, the Urban Service Area establishes the urban and rural areas of the County based on where urban services are provided. From a utility system expansion perspective, the urban service arm guides utility system design by establishing a set service area where transmission mains, pump stations, storage tanks, and other system components will be constructed and maintained. USA — Growth Management Because the Urban Service Area establishes the basis for setting land use designations, it is a determining factor of where higher densities are allowed. That relationship between the USA and higher density development is appropriate because higher density development requires urban services, particularly centralized water and sewer service. Consequently, areas without water and sewer service are not appropriate for urban type development, while those areas with water and sewer service may be appropriate for higher densities. To ensure that water and sewer service is not generally expanded outside of the USA, thereby creating a de facto USA expansion, staff consistently applies the Comprehensive Plan's Urban Service Area policies. As a result, there are no rural areas of the county that would qualify for USA expansion and therefore higher densities based on the existence of water and sewer service. Therefore, it is important for the county to maintain its connection policies in a manner that limits the number and geographic extent of properties that lie outside the USA and are allowed to connect to water and/or sewer service. USA — Utility System Expansion Since the County adopted its Urban Service Area in 1990, the USA has been the basis for utility system expansion. Essentially, the USA established the area where water and sewer service would be provided and the area where it would be prohibited. By so doing, the Urban Service Area has provided the basis for effective utility system planning and capital improvements programming. Because of the Urban Service Area, the utility system has grown in an efficient and effective manner. That has involved providing water and sewer services in the higher density urban areas, and limiting utility service outside of the USA. By so doing, the utility system has avoided some of the problems that occur when water system expansion extends into rural areas to serve very low density residential uses or single, low volume non-residential uses. Those problems include poor water quality from low flow velocities within lines, increased maintenance costs from line flushing, and the waste of saleable potable water inherent in flushing maintenance activities. To avoid those negative impacts to the utility system, utility connection agreements to serve properties outside the USA should be limited to looped systems or limited system extensions paid for entirely by the owner (developer) of the property served and designed to serve multiple uses such as the three projects located along 12`h Street. 4 20:1. ANALYSIS As structured, the proposed amendment expands the current connection exception to include places of worship and camp/retreat uses that lie outside the USA, subject to three important provisions. One provision is that the particular use must be approved for service by Utility Services. That provision allows Utility Services to evaluate availability of capacity, system impacts, system improvements, design specifications, and any necessary conditions associated with a specific proposal for service/connection. Any such approval is implemented via a formal connection agreement. A second provision is that connection to water and/or sewer service shall not be justification for a density increase. That provision prevents a connection exemption from being used as a de -facto land use change. The third provision requires that any and all improvements must meet or exceed Utility Services standards and all costs associated with designing, permitting, and constructing system improvements and connections to be borne by the property owner (developer). That provision ensures that the initial capital costs for connecting properties outside the USA are not borne by the existing system and its rate payers. ! The proposed exemption is limited to place of worship and camp/retreat uses. Those uses, which are allowed outside the USA, are more stringently regulated on sites outside the USA compared to sites inside the USA with respect to open space (60%-80% minimum open space in agricultural districts vs 30%-40% minimum open space in residential districts) and maximum building coverage (10%-20% maximum building coverage in agricultural districts vs 30%-40% maximum building coverage in residential districts). Because both uses involve substantial assemblies of people, they can have relatively significant potable water and fire protection needs. By adopting the proposed connection policy changes, those uses may be served by centralized water and sewer services if a connection arrangement acceptable to Utility Services is also agreed to by the user(s). It should be noted that, in coordination with Community Development, Utility Services met with representatives from the existing camp/retreat, the church, and the agricultural business, that were the impetus for the proposed amendment. Utility Services conceptually agreed to the connection and provided all parties the project design parameters and specifications for connecting the three facilities in the event that the proposed amendment is adopted and those users apply for connection to the water and sewer system. • PZC Recommendation At its December 10, 2015 meeting, the PZC considered staff's proposed amendment and analysis. After discussion, PZC members concluded that if the proposed amendment is approved it will open the door for water and sewer service for other places of assembly uses located outside USA. Furthermore, PZC members indicated that the county should either allow connection of all places of assembly uses or none. In the end, the PZC recommended that the Board deny amendment as proposed (see attachment #3). • Potential Effect of Amendment After the December I Oth PZC meeting, staff coordinated with the GIS Department and Utilities Services to map and compile a list of place of assembly uses currently located outside the Urban. Service Area and determine their connection status. The resulting list and map identify and locate 20 places of assembly uses currently located outside the USA (attachment #5). Further research indicates that: 5 202 • 15 of the 20 uses are already connected to county water and/or sewer service and meet existing connection policy exemptions; and • 2 of the 20 uses (Cornerstone Church and Epic Missions) will be allowed to connect if the proposed policy amendment is adopted as drafted; and • 3 of the 20 remaining uses are located over 1.5 miles from water/sewer lines and because of significant distance are not economically feasible to connect and are too remote to gain Utility Services approval of a connection agreement. Therefore, at this time Cornerstone Church and Epic Missions are the only two facilities currently located outside the USA that could benefit from the proposed amendment. If the amendment is approved, other future and similarly situated places of worship and camps/retreats could be allowed to connect. • Consistency with Comprehensive Plan Comprehensive Plan amendment requests are reviewed for consistency with all applicable policies of the comprehensive plan. As per section 800.07(1) of the county code, the "comprehensive plan may only be amended in such a way as to preserve the internal consistency of the plan". For a proposed amendment to be consistent with the plan, the amendment must be consistent with the goals, objectives and policies of the comprehensive plan. Policies are statements in the plan, which identify actions the county will take in order to direct the community's development. As courses of action committed to by the county policies, provide the basis for all county land development related decisions, including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing plan amendment requests. Of particular applicability for this request is Policy 14.3 of the Future Land Use Element. Future Land Use Element Policy 14.3 In evaluating a comprehensive plan amendment request, the most important consideration is Future Land Use Element Policy 14.3. That policy requires that at least one of four criteria be met in order to approve a comprehensive plan amendment request. Those criteria are: • The proposed amendment will correct an oversight in the approved plan; • The proposed amendment will correct a mistake in the approved plan; • The proposed amendment is warranted based on a substantial change in circumstances ; or • The proposed amendment involves a swap or reconfiguration of land use designations at separate sites, and that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed comprehensive plan amendment meets Policy 14.3's first criterion. When Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element were adopted, those policies were structured to be too restrictive and did not adequately address the potable water and fire protection needs of places of worship and camp/retreats that lie outside the USA and are located close enough to existing water and sewer lines to apply for and be able to obtain approval from Utility Services for connection. In retrospect, it appears that limiting connections to centralized water and sewer services to the extent that Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the 6 203 Sanitary Sewer Sub -element currently do was an oversight. The subject amendment will correct that oversight. Summary of Consistency with the Comprehensive Plan While Policy 14.3 is particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all applicable plan policies and objectives, including Urban Service Area policies. Based upon that analysis, staff determined that the request is consistent with the County's Comprehensive Plan. CONCLUSION The proposed amendment to Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element is limited to two uses, requires an evaluation and approval from Utility Services for any future connection, requires the owner (developer) to bear all costs associated with connection, and is needed to allow connection to centralized water and sewer services for places of worship and camp/retreat uses that lie outside the USA boundary. In practice, connection of those two types of uses will not take place unless the uses are located relatively close to existing water and sewer lines so as to be financially feasible for the owner (developer) to provide connection—related improvements, and to obtain Utility Services approval for connection. RECOMMENDATION: Based on the analysis, staff recommends that the Board of County Commissioners: 1. Adopt the attached resolution for transmittal of the proposed comprehensive plan text amendment to the state and regional review agencies. 2. Announce its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. ATTACHMENTS: 1. Minutes from the October 13, 2015 BCC Meeting 2. Comprehensive Plan Text Amendment Application 3. Unapproved Minutes from the December 10, 2015 PZC Meeting 4. Proposed Amendment to Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element 5. Place of Assembly Facilities Outside Urban Service Area and their Connection Status (January 2016) 6. Transmittal Resolution 204 �i APPROVED AGENDA ITEM: (q, UC -e Indian River Co, Approved Date Admin. Legal 01• % -1,6 Budget 3 Dept. Risk Mgr. F\Community Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5 7 and SS policy 5.8\Staff Reports\BCC Uxwrdttal staffreport for FLU Comp plan Text amendment -Jan. 19, 2016 meeting.rtf 205 of the July 14, 5 and Utilities Commission meeting (on file). Board discus ' n follow 12. DEPARTMENTAL MATTERS 2:11 p.m. A. Community Development 1. Consideration of Comprehensive Plan Amendment Options: Water Connection Policy Change or Urban Service Area Expansion West of 58'' Ave and South of the Main Relief Canal (memorandum dated October 5, 2015) 207-223 ----- ----------------------------------------------------------------------------------- -- - - - - Director Boling recalled the August 18, 2015 Board of County Commission meeting, where staff was directed to explore options to change the water connection policy to add another exception that would allow Epic Missions f/k/a Christian Outreach International, Inc. and similar facilities to connect, or expand the Urban Service Area (USA) to include or touch the Epic Missions site. He explained why staff believed the USA boundary should remain unchanged, and the problematic issues with making a water connection change. He recommended the Board not change the water connection policy or expand the USA. A lengthy discussion ensued as the Board made comments and posed questions to staff. Paul Munsie, President and co-founder of Epic Missions, provided background, urged the Board to allow Epic Missions and nearby similar sites to connect to County water, and offered to pay for the installation of the water distribution lines. Kent Hawkins, Minister of Cornerstone Christian Church, a neighboring site to Epic Missions, encouraged the Board to allow a water connection. Louis Schacht, owner of Schacht Groves, a neighboring site, encouraged the Board to extend the urban service boundary, and provide urban services. He stated that he would pay for the water line. Commissioner Flescher stressed that this would not be an Urban Service Boundary move. MOTION WAS MADE by Commissioner Flescher, SECONDED by Chairman Davis, to direct staff to initiate a Comprehensive Plan Amendment to change the water connection policy to allow certain types of use,.with costs to be borne by the applicants. Board of County Commission Minutes Page 9 October 13, 2015 �'� 206 Discussion ensued among the Board and with staff. The Chairman CALLED THE OUESTION, and'by a 3-2 vote (Commissioners O'Bryan and Solari opposed), the Motion carried. The Chairman called for a break at 3:13 p.m., and reconvened the meeting at 3:17 p.m., with Commissioner Zorc absent for the remainder of the meeting. B. Emergency services None C. General rvices None 1. In N e 2. S nd E. 3:17 p.m. 3, Mecreation None Human Resources None Office of Manaetment and Budget 1. Golf Ca t Interfund Loan — Early ayoff (memor, dum dated October_7, 20 ) 224-229 ON M J,TION by Vice Chair n Solari, SECONDED by Chair. n Davis, the Board by a vote (Commissioner Zorc absent) approved to repay the re aining principal balance outstan ing on November 1, 2015, or $59,747.70, on the interfu d loan from the General Fun for golf carts; and autho ed moving forward with the pro rement process for replaci g the existing golf cart fleet. Board of County Commission Minutes Page 10 October 13, 2015 207 APPLICATION FORM COMPREHENSIVE PLAN TEXT AMENDMENT (CPT INDIAN RIVER COUNTY CO ;s k v Planning the months'vision accepts of January and Julyr feenas heyeAlan Text Amendment r. Each application mus be onet during wh- submitted and must include all required attachments. An incomplete applicati1 ' be processed and will be returned to the applicant. n Assigned Project Number: CPTA Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, page number, and if applicable, the objective and policy number(s). 2. What is the exact language proposed to be added and/or deleted from the plan? 3. What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check, money order or cash in the amount of $2,600.00 made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\VICKM FORMS\CPrAAMENNDMENITORM.doc ATTACHMENT I 208 Current O /A licant Agent Name: tzo Complete Mailing Address: I S o 1 2 -7 It- S ✓pro ;:.- . 3196 e3 Phone # (including area code Fax #(including area code -7-)7-- ;7-7-6— 11,2 -2 -- q,2-yE-Mail: E-Mail: rdH,w s Contact Person: '" 9' Signature of Owner or Agent: Please attach the following items to this application. Do not ignore any of the following items. Indicate "N/A" if an item is not applicable. I . What is the proposed amendment's citation in the Comprehensive Plan? Include the element or sub - element, page number, and if applicable, the objective and policy number(s). 2. What is the exact language proposed to be added and/or deleted from the plan? 3. What is the purpose of the request? 4. What is the justification for the request? 5. Provide an analysis of the proposed amendment's consistency with all applicable goals, objectives, and policies of the comprehensive plan. 6. Provide an analysis of the proposed amendment's impact on public facilities and services. 7. Provide an analysis of the proposed amendment's environmental impacts. 8. Provide a check, money order or cash in the amount of $2,600.00 made payable to Indian River County. THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG- RANGE PLANNING SECTION STAFF PRIOR TO APPLYING. FACommunity Development\Users\VICKM FORMS\CPrAAMENNDMENITORM.doc ATTACHMENT I 208 Mr. Sweeney recommended that the Commission grant preliminary plat approval for the Arcadia subdivision %Sanct e conditions outlined in the staff's report, which is on file in the office of the unty Commissioners. Chuck, Mechling, reprcadia, advised that. this roposal reduces the number of lots in the subdthe original proposa✓and will create a buffer between this property and t. The site has the ame RS -3 zoning making it consistent with the density oroperties. Dr. Day asked about maintenan ofthe wetland preservation area being transferred to the homeowner's association H. Mr. Mechlingstated that there will be specific covenants recorded in the^plants, for the community that will outline how the wetlands will be maintainelso be monitored as part of the St. Johns Water District and by the community. The maintenance will include the removal and control ofecially the control of cattails which is invasive to the area. Public comment was cl ON MOTIO Y Dr. the mem rs voted recom ndations Judici matter. Public Hearing at approximately 7:1 m. Day, SECONDED BY M Caldarone, unanimously (5-0) to ap ove staff as outlined above on this Quasi - A. An Ordinance of Indian River County, Florida, amending the text of Policy 5.7 of the potable water sub -element and Policy 5.8 of the sanitary sewer sub -element of the County's comprehensive plan; and providing codification, severability and effective date. [Legislative] Sasan Rohani, Chief, Long -Range Planning, explained the process and timeline of amending the water and sewer sub -elements of the comprehensive plan. Mr. Rohani advised that the requested amendments are to add places of worship and camps/retreats to the list of exceptions to connection policies. The change was first requested to provide Epic Missions a retreat center and adjacent church properties with access to water and sewer service. As proposed, there would be very specific stipulations on when water and sewer service can be provided outside of the Urban Service Area including no increase in density and the applicant must pay for all costs of connection to services. Additional stipulations for connection outside of the Urban Service Area include, clustered development, public facilities such as schools, agricultural businesses, private well contamination and must exist within 500 feet of a looped main line. Mr. Rohani added that the delineation of the Urban Service Area boundary is important to allow for appropriate infrastructure and development. Allowing places of worship and camp/retreat uses would be the beginning of the process, as individual petitioners would still have to meet requirements to assure that the utility PZC/Unapproved 3 December 10, 2015 C.\Users\sasanWppData\Local\Microsoft\Windows\Temporary Internet 'Files\Content.Outlook\OONXQFV5\PZC-12-10-15 Minutes.docx ATTAC, �, 209 service has sufficient capacity available, that it the cost of the project would be feasible and that the extension would meet Utility Services specifications. When the proposal was conceptually considered by the Board of County Commissioners (BCC) in October, 2015, it was determined that there was an oversight in not including places of worship and camps/retreats in the outlined uses that could allow for the expansion of the Urban Service Area. Mr. Rohani recommended approval of amendments to Policy 5.7 and Policy 5.8 to add places of worship and camps/retreats as exceptions to the connection policies. Chairman Polackwich inquired about the uses being defined in the land use regulations. Mr. Rohani and Mr. Boling stated that places of worship are defined, but camps/retreats are not specifically defined, but are characterized in regulations. Chairman Polackwich and other members of the Commission expressed concern that adding these two uses would set a precedent for other uses to be added to the list of exceptions such as day care facilities. Chairman Polackwick stated that the amendments should not be allowed just for the specific use of the Epic Mission petition. Mr. Rohani stated that although the changes were requested because of the Epic Mission petition, it was not specifically for that use, but was an example of an oversight that the BCC identified because of the Epic Mission's case. Mr. Boling advised that the proposed amendment language as outlined in the Staff Report under Appendix A (a copy of which is available at the Board of County Commissioners Office), is narrowed to include only the two categories being discussed. Debra Ecker, representing the Indian River Neighborhood Association (IRNA), stated that the IRNA has supported the comprehensive plan and the Urban Service Area boundary which originated in 1990. She stated that this proposal to change Policy 5.7 and Policy 5.8 to add additional exception uses is destructive to the plan and could make it difficult for the Planning and Zoning Commission or the Board of County Commissioners to deny any future requests to change the Urban Service Area boundary and could begin the erosion of the policy. Ms. Ecker suggested that the Planning department research whether this neighborhood would be an appropriate place to provide for increased density and make an amendment to include the entire area in the Urban Service Area rather than just putting forth an amendment to policies for the exception for the two specific uses. She stated that the IRNA would request denial of this request. Dale Dunayczan of 1125 38th Court, Vero Beach, speaking on behalf of Cornerstone Christian Church, appealed to the Committee on the need to provide for water for the three properties located % mile from the Urban Service Area boundary. He stated that the three property owners are willing to pay for the water connections. He stated that the properties are located between two major north/south roadways (66th and 58th Streets) and have trouble getting water. Mr. Dunayczan suggested that it may be more appropriate to change the Urban Service Area boundary as this is a potential growth area. PW/Unapproved 4 December 10, 2015 C-\Users\sasan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OONXQFV5\PZC-12-10-15 Minutes.dou 210 Carter Taylor of 2235 Silver Sand spoke on behalf of the Indian River Neighborhood Association (IRNA), spoke on the need to amend the comprehensive plan related to septic tanks, especially related to those that were constructed prior to 1983 and retrofitting failing septic systems. Having no other individuals wishing to testify, Chairman Polackwich closed the hearing at approximately 7:50 p.m. for discussion purposes. Discussion: Chairman Polackwich stated that he was against the proposal to amend Policies 5.7 and 5.8 to allow for the exceptions for places of worship and camps/retreats because it is for a specific property that is adjacent to an agricultural use and granting a policy because of special circumstances related to a specific property would open the door to any type of use for any reason coming in and requesting an exception to the connection policy. Mr. Boling suggested that the Committee could make an amendment to add different categories or recommend other amendments to the proposal. Ms. Caldarone stated that the uses need to be better defined. Chairman Polackwich suggested that the Committee move, to not recommend adoption of this proposed amendment to Policies 5.7 and 5.8 to allow exceptions for places of worship and camps/retreats as it could provide an opportunity for other assembly uses to come in for exceptions and that consequence needs to be reviewed. ON MOTION BY Dr. Day, SECONDED BY Chairman Polackwich, the members voted unanimously (5-0) to DENY staff recommendations as outlined above on this matter. Commissioner' There were`Rone. Planning Matters Mr. Boling reviewed th anning Information Packet which is on file in the Board of County Commission o e. noted that the Board of County Commissioners had approved Alfred and Samma o's request to rezone +/- 1.98 acres located at the southeast corn of Old Dixie High y SW and 9th Street SW, from CH (Heavy Commercial).,t6 CG (General Commercia . (RZON-2004050297-75451) PZC/Unapproved 5 December 10, 2015 C:\Users\sasan\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OONXQFV5\PZC-12-10-15 Minutes.docx 211 Appendix A Potable Water Sub -Element Policy 5.7 POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: Areas within the Urban Service Area; Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or, where located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped system or where a place of worship or camp/retreat use is approved for water and/or sewer service by Utility Services. These areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; O Any and all costs associated with connecting a property to the potable water system and providing for adequate fire protection, including costs associated with survey, design, permitting, line extensions, construction, restoration, inspections, and certifications, shall be borne by the owner of the property. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. Bold Underline: Additions to Ordinance Shike thfeu& Deleted Text from Existing Ordinance 212 F:\Community DevelopmentlComprehe ive Plan Test Ameadments\October 2015. PW policy 5.7 and SS policy 5.8�POLICY 5 7 underline and strike-thru potable water sub-clement-2015.doc Appendix A Sanitary Sewer Sub -Element Policy 5.8 POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or, where located no more than 500 feet from an existing sanitary sewer line that is part of the county sanitary sewer system, or where a place of worship or camp/retreat use is approved for water and/or sewer service by Utility Services These areas are subject to the following provisions: o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey; design, permitting, line extensions, construction, pumps and lift stations, restoration, inspections, and certifications, shall be borne by the owner of the property. • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) • Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. CHMENT Bold Underline: Additions to Ordinance S44w4hF9eg#- Deleted Text from Existing Ordinance 213 FACommunity I*velopmenoComprehensive Plan Text AmendmrntslOctober 2015. PW policy 5.7 and SS policy 5.13WLICY 5.8 undaline and strike-thru sanitary we a sub-ci ment.doc Existing Place of Assembly Facilities Outside Urban Service Area and their Connection Status Janua 2016 ID 'USE NAME ADDRESS Properties already connected to water and/or sewer 1 Child.and Adult Care Facilities •• ,. RCMA Children:s.,House 7625 85TH ST Yes 2 Child_ and Adult Care Facilities,' -. Maitland Farms Preschool. Inc` _ 5990 5TH ST'SW Yes water only) 3 Places:of Worship Cornerstone Christian Church 5950 12TH ST 4 Places of Worship St John of the Cross Catholic Church 7550 26TH ST Yes 5 Places of Worship Irnmanuel:Ba fist Church 455 58TH AV SW Yes 6 Places of Worship: First;Church, of God ' 1105 58TH AV Yes .7 ` Places of.Worship'- •a es' e Fellowship a .. is,urc and Pres chool 000 866TH AV Yes fire protection onl :8 Grou .Homes . , 13 Cultural and Chic Facilities Teen Challe 801 154TH.AV: I he Club At Pointe West 750014TH LN .� ";•Over 7 miles'from lineST Yes Yes Yes Yes Yes 14 Cultural and Civic Facilities North County Aquatics Center 9450 COUNTY ROAD 512 Yes 15 Cultural and Civic Facilities Quail Valley Golf Club 6545 PINNACLE DR ,Over 11.,5,miles.from,line= 16 Cultural and Civic Facilities Humane Society 6230 77TH ST Yes 17 Dude Ranch` ° ,u• : Carefree&Rahch 7290 53rd:ST;`. .,:Over1.5:miles,fro_ m'line•, j 8 Retreats and Cam s ... . ' _ ' Life'For Youth• Cam , ,.� �., :"" �i; : ^ 1.41,6�82ND AV Yes 19 Retreats and Cam ::,.,°; ' ,, E is Missions 602512TH S•T,, 20 Commercial Hunti and Fishing ' Middleton's Fish Camp - 2' 73RD MNR es sewer on y 73ofar west for water) Notes: ` 15 of 20 facilities are connected and meet existing policy exemptions 2 of 20 facilities (Cornerstone Church and Epic Missions) will be allowed to connect if proposed policy amendment is adopted 3 of 20 remaining facilities are over 1.5 miles from water/sewer lines N VER�,� Places of Assembly Outside the Urban Service Area '2OR►o� Indian Rtvcr County-_--_��,' ; Community Development ) V AIA _� = _.._..5070 1 2 4 M; \Irl� �T ;"ii• rt'14 •I' 512 -, .. .._ ��� `�' 'iii '•�»;'�.'. � ,,1 ' � °�� is''Li Blue c Cypress 1 20 6 Lake 512 J. rtor...� - -- - ''�- ..,;:; is :• ,� '%"' .: �if �' !(G b- 13 43 60 f.—. . %.,��1",�a t ^, `ii ,�i}; .ur`�•.,. .f1 l:.�y.eri;bt _ ±51 � - Legend �•-' Places of Assembly Urban Service Area e, Municipal Boundaries 5 "I 1. t ( 1 P ' Docu� t Path: U:\Projects\CommunityDevelopment\2015 1215_ PlacesOfAssembly\2018_0105_ Map_PlacesOfAssembly_8x11.mxd f)atw=1'/5/9MR•— RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS .OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE TRANSMITTAL OF A PROPOSED INDIAN RIVER COUNTY COMPREHENSIVE PLAN TEXT AMENDMENT TO STATE AND REGIONAL REVIEW AGENCIES. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county received a comprehensive plan amendment application during its October 2015 amendment submittal window, and WHEREAS, the Local Planning Agency, after due public notice, held a public hearing on this comprehensive plan amendment request on December 10, 2015, and WHEREAS, the Local Planning Agency, after receiving public comments, made a recommendation to the Board of County Commissioners; and WHEREAS, the Board of County Commissioners held a Transmittal Public Hearing on January 19, 2016, after due public notice; and WHEREAS, The Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of the plan amendment process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above recitals are ratified in their entirety. 2. The following proposed amendment is approved for transmittal to State and Regional Review Agencies (Appendix A, proposed policy 5.7 of the Potable Water Sub -Element and Policy 5.8 of Sanitary Sewer Sub -element): FACommunity Development\Comprehensive Plan Tent Amendments\October 2015, PW policy 5 7 and SS policy 5.8\Resoultion & Ordinances\Transmittal Resolution CPTA 2015.doc I of 2 A77ACHMENT 6 216 RESOLUTION NO. 2016 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF POLICY 5.7 OF THE POTABLE WATER SUB -ELEMENT AND POLICY 5.8 OF THE SANITARY SEWER SUB - ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The forgoing Resolution was offered by Commissioner and seconded by Commissioner and upon being put to a vote, the vote was as follows: Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Peter D. O' Bryan, Commissioner Timothy Zorc, Commissioner Wesley S. Davis, Commissioner The Chairman thereupon declared the resolution duly passed and adopted at a public hearing held this 19'h day of January 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA I: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller APPROVED TO O LEGAL SUFFICIENCY illiam K. DeBraal, Deputy County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP Community Devel ent Director FACommunity Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5 7 and SS policy 5.8\Resoultion & Ordinances\Transmittal Resolution CPTA 2015.doc 2 of 2 AM, A,,CHMeFNT C 217 Appendix A Potable Water Sub -Element Policy 5.7 POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: Areas within the Urban Service Area; Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map ori'wli re a located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped systemoi he eplof wolup rod -.'��`3'�T�.-v�•a3�?�a3s."�+�•?�'.'+�i-S'E"�"�i�+tt�.°.4�:-�.�+�`:4:'"':^��k'T`r��-';ia,7.. r„^", -i ti.�-`�.•o-� camp/retreat use is�apnrovedJfor water and%or: sewertxser�vic�e bv�Utrlity�Serav eS. These areas are subject to the following provisions: O The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; O Any and all costs associated with connecting a property to the potable water systemand pro iu dmgfo'p'rade'quate'�fire prot"' echo , including costs associated with survey, design, permitting,:lneextens o s construction, restoration, inspections, and certifications, shall be borne by the owner of the property. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: O clustering of residential development within agricultural areas; O clustering of residential development within privately owned upland conservation areas; O clustering development within mixed use districts; or O traditional neighborhood design communities. O public facilities such as public schools. O agricultural businesses and industries (including biofuel plants) Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. Bold Underline: Additions to Ordinance StFike thlFeUghi Deleted Text from Existing Ordinance 218 F -\Community Development\Comprehensive Plan Text Amendments\October 2015; PW policy 5 7 and SS policy 5.8\POLICY 5.7 underline and strike-thru potable water sub-element-2015.doc Appendix A Sanitary Sewer Sub -Element Policy 5.8 POLICY 5.8: Consistent with the policies of the Future Land Use Element of this plan, provision of centralized sanitary sewer service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Areas outside the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or, ,RNK located no more than 500 feet from an existing_ sanitary sewer line that is part of the sewer s provisions: These areas are subject to the following o The maximum density of such land shall be as shown on the Future Land Use Map, and the provision of centralized sanitary sewer service shall not be justification for an increase in maximum density; o Any and all costs associated with connecting a property to the sanitary sewer system, including costs associated with survey, design, permitting, 1� nM t extensions; construction, pumps and lift stations, restoration, inspections, and certifications, shall be borne by the owner of the property. Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: o clustering of residential development within agricultural; o clustering of residential development within privately owned upland conservation areas; o clustered development within mixed use districts; o traditional neighborhood design communities; o public facilities such as public schools; and o agricultural businesses and industries (including biofuel facilities) Areas where, consistent with Sanitary Sewer Sub -Element Policy 2.4, the lack of centralized sanitary sewer service is determined to be a public health threat. Bold Underline: Additions to Ordinance Stfi •ugh: Deleted Text from Existing Ordinance F \Community Development\Comprehensive Plan Text Amendments\October 2015, PW policy 5.7 and SS policy 5.8\POLICY 5.8 underline and strike-thru sanitary sewer sub-element.doc 219 fo.A,I. Board of County Commissioners January 19, 2016 (Transmittal Public Hearing) Comprehensive Plan Text Amendment Potable Water Policy 5.7 Sanitary Sewer Policy 5.8 aia-A History ® On October 13, 2015 in response to property owners along 12th Street, West of 58th Avenue BCC considered expanding USA or amending connection policies o Staff recommended against both options o BCC determined that the certain types of uses should be allowed to connect under certain conditions: One user already covered by existing exception for agricultural business 4 al°I-A-2 Comp Plan Amendment Initiated Purpose Amend Water Policy 5.7 and Sewer Policy 5.8 to allow connection of certain uses outside Urban Service Area: Places of Worship © Camp/ Retreat Facilities 5 6 A19 -A-3 Back Ground (USA Map) ovtcc"oDEc cou I \`1t luc1E6 COYNI�Y �� .�Y `t. ,QA -A- 4 Current PW Policy 5.7 and SS Policy 5.8 Provision of Centralized Utilities limited to: o Sites within Urban Service Area(USA) Served by County Utilities o Sites outside USA that have: - Clustered development (preferred form) Public -facilities such as schools - Agricultural businesses - Private well contamination - Existing looped main line within 500 feet • No justification for density increase • Applicant pays for all associated costs USA focuses infrastructure in areas targeted for"urban" development (residential, commercial, industrial, -and institutional uses) Obligation to serve properties within a defined urban area USA allows efficient system functions - Planning utility improvements - System configuration - Quality of service- - Cost (construction, maintenance, and replacement) ' a -Q -A-5 o Exceptions are limited to - Certain "urban" type uses - Health/contamination relief - Properties within 500 feet of existing looped main lines Rationale: - promote preferred form of development - public health and safety = use system infrastructure already in place ff o AVOIDS creating a low volume/high maintenance utility system outside USA - Water quality (flushing) - Cost on entire system (all rate payers) a%q-A- Proposed Amendment 13 Limits the new exception to Place of Worship and Camp/Retreat uses: accommodates water, sewer, and fire protection needs of those two uses that involve assemblies of people a Requires Utility Services approval of connection (evaluate capacity availability, system impacts, configuration, and specifications) © Prohibits connection to become justification for density increase ® Requires owner (developer) to pay all costs to design, permit, and install system/connection improvements 13 Places of Assemblies outside USA • � ={epi •t. �t.. '} _ ... •17 M .'.r.........,--.. e. v. 14 a1q-A,-7 List of Places of Assemblies outside USA Existing Place of Assembly Facilities Outside Urban Service Area and their Connection Status ID USE NAME ADDRESS Properties already concocted to water ..Wor sewer 1>M and Mud Care Facdxe, RCMA Children's Hone 7625 85TH ST Yea and Adult Care Faolties ftWnd Famrs Preschool Inc 5990 STH ST SW Yes_hx am des of Wosav ' stone Chnstan Church _ 12TH ST. ' - ,I Naces of Woralho St John of the Cross Carload Church 7550 26TH ST_ Yea of W el Ba . Cfwmh 58TH AV SW Yes des d Wash Fusf Clorch of Ged 1105 58TH AV Yes - -- lakeside Fellovslup Baptist Church arM - ol Wonh Preschod - 8000 66TH AV Yes Ifue I 81D o Homes . gEducationa Centers OEducaldomill Centers 12 E I Centers Educational Centers I usual and Chic FeMdes ren C.1 Maslees Acadedny T— C-st Elementary SdW Stand Gxr. Middle School Liberty Magne, Schaal CW At Palle West 1 150TH AVI 1105 58TH AV MS 85TH ST 6400 STTH ST •500 f dTH LN - Oyer.] msec frpn Ime Yes Yes Yes Yes Yes 1 adoral and Chic Fadt1ks Orth Cou A ualka Centtt COUNTY Yes 1 usural and Civic FnR&, uaa Va GaH LIW PINNACLEOver.1.5 min Iran 4e-. I upwal and Cr- FatlWea co Soaet uretraa 77TH ST Yes 1 Ranch Rercl + - S. ST _O.'er q IS miles tram erre ' -. 1 eeeats and Cam LBe For Yaulh Cam = ., 1416 82ND AV Yes -/ afmats anO Ca 8025 12TH ST dial Hunti. and F' £' ays Fish �4, ' 1700 TJRD MYes sewer lad far well for va:tt Was 15 el 20 fact es are corroded all meet easing poky es—p- 20120 taodales (Cornerstone Church sho ssi Epic Mae) ,11 le aaxved M om x it proposed polcy amendment sdopt aed 8 of 20 remsadng facWties ars over 1 5 miles from vratem—er knes 15 In Practice o Distance from existing lines and coordination among multiple users become important factors for financial feasibility o Could result in system. inefficiencies such as dead end lines, serving low volume users, especially if extended significant distances outside USA kc a"q-A-8 Consistency with the Comprehensive Plan Future Land Use Element Policy 14.3 requires that one of four criteria be met to approve a comp plan amendment. a An oversight in the approved plan; ® A mistake in the approved plan; * A substantial change in circumstances; or ©A swap or reconfiguration of land uses at j separate sites Recommendation Staff recommends that BCC approve the amendment for transmittal to review agencies by adopting the attached resolution 18 QLO-q_g dra" 1. Ex w.e�e f �.a We+wws c t.tl-uw Sr y„�.-cc twvv�0« ww+W rew oew« S, tou 19 aiq -A-10 to.A-1. Indian River Press Journal State of Florida County of Indian River Before the undersigned authority appeared Kimberly Piston who on oath says the he/she is Account Manager at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for / GG/ v�I Chi measuring �O column inches, was published in the INDIAN RIVETORESS JOURNAL in the issue(s) of signature / y� Fit ( �) personally known to me ( )who has produced Sworn to and subscribed before me this as identification P--11 day of JJAA1 UA1ZY A.D.,,�_0 /6 Notary Public ��'rs'• CATHERINE POUCARE ' MY COMMISSION # FF 028015 ^r :o EXPIRES: September 25, 2017 Bonded Thru hoary Public Underwriters AIq-6—1 BEFORE THE BOARD O:F�-- . r, - C;OU:NTY COMMIS -STONERS INDIAN_ RIVER COUNTY 'NOT, IC:E" OF_COMPREHEN:SIVE_PLAN' TEXT AMENDMENTTRANSMITTA'L_ PUBLIC REARINGI - T.he: Boar6of County Commissioners;of, Indian=River County, ;Florida,,will consider•transmittal'of an amendment�to the te- -of the comprehensive plan "to_ state and regional review agencies. A public Nearing,. at which parties in, interest and' citizens shall have an opportunity, to, be, heard, Will be held' on' TuesdayJanuary 19;,2016, at 9:00 a:m.7n the County, Commission Chambers ,of County. Administration, Building A,located,at' 1801 27th'Street, Vero -Beach, Florida. The-proposed?amendment'is included in:proposed'ordinance entitled: AN'_ ORDINANCE- _ OF INDIAN .RIVER COUNTY . FLORIDA., AMENDING THE TEXT OF THE POLICY 5.7 OF.THE`-POTABLE , WATER.SUB=ELEMENT AND_THE.POL••ICY 5.8 OF -THE. SANITARY' SEWER _SUB' ELEMENT OF THE COUNTY'S COM R,REHENSIV.E PLAN: AND PROVIDIN_G,,CO_DIFICA_TION SEVERABILITY' AND EFFECTIVE DATE. (Legislative) ALTHOUGH A VOTE ON.WHETHER"TO>TRANSMITTHE AMENDMENT TO THE STATE ANDt REGIONAL RE -VIEW AGENCIES WILL ,BE TAKEN„ M, FINAL ACTION ADOPTING THE PROPOSED AMENDMENT WILL:BE TAKERAT THIS.MEETING: The plan=amendment, application ,may- be inspected:by the- public. at the. 'Community D'eyelo , ment Department., in, County Administration Building, A;;: located,'at 1801 2Th Street; Vero. Beach, Florida,-tsetween, the hours. of, and; 5:00 p:m:.on weekdays..For more information, contact. Long Range"Planning Section at (772).22671250:" F . Anyone' who,may wish to appeal any decision .which -may 6e made at. t'hissmeeting'.will rieed,to•erisure that a verbatim record,of the proceedings, is made, whicN,includes ,tfje .testimony_and,evidence' upon -wh'Psh ,the; appeal is: based. Anyone' -who, needs a special,.accommodatiori�"for 't'his, meeting: must ,contact, the 'county's A-mericans� with Disabilities. Act = Coo_ rdinator at t (772),226-1223, at least 48'hour•s,in advance, of the'�meet ng. Indian River County Board of County Commissioners 'By:=s-.Bob,Solari, Chairman Uylan Keingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney PUBLIC HEARINGS: 1/19/16 - LEGISLATIVE Of, --e Of �Q I C/\ INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: December 29, 2015 ATTORNEY RE: Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 113 Section 125.68(1)(a), Florida Statutes requires counties to maintain a current codification of all ordinances and an annual publication of such codification by the Board of County Commissioners. FUNDING: There is no additional cost associated with this item. RECOMMENDED ACTION: Open the public hearing, take public comment, close the public hearing, and adopt the ordinance to codify and publish the ordinances published in The Code of Indian River County up to and including Supplement 113. /nhm Attachment: proposed ordinance Approved for January 19, 2016 BCC Meeting Public Hearings OUNTY ATTORNEY Indian River Co. Approved Date Admin. I Co. Afty. Budget Department Risk Mgmt. W11 ORDINANCE NO. 2016 - AN ORDINANCE OF - INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 100.03 "AMENDMENT OR REPEAL OF ORDINANCES" OF CHAPTER 100 "GENERAL PROVISIONS" OF THE CODE OF INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING SUPPLEMENT 113 THERETO, READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, Section 125.68(1)(a), Florida Statutes, requires counties to maintain a current codification of all ordinances; and WHEREAS, Section 125.68(1)(a), Florida Statutes, requires annual publication of such codification by the Board of County Commissioners; and WHEREAS, Municipal Code Corporation publishes periodic supplements to The Code of Indian River County more often than annually on behalf of the Board of County Commissioners; and WHEREAS, Subsection 100.03(1) of Chapter 100 of The Code of Indian River County, provides: The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted, BE IT ORDAINED by the Board of County Commissioners of Indian River County, as follows: SECTION 1. CODIFICATION AND PUBLICATION. Section 100.03, Amendment or repeal of ordinances, of The Code of Indian River County is hereby amended to read as follows: CODING- Words in strike thFough format are deletions to existing text; words in underlined format are additions to existing text. 221 ORDINANCE NO. 2016- 1. The Code when adopted by the commission shall be the best evidence of the current law of the county. It shall be kept current by periodic supplements. Supplements to the Code shall be prima facie evidence of the current law of the county; however, the ordinances themselves shall be the best evidence until the Code is readopted. 2. All chapters, sections, subsections, or paragraphs to be repealed should be specifically repealed by reference to the chapter, section, subsection, or paragraph as appropriate. 3. The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect. 4. All ordinances published by the Municipal Code Corporation in The Code of Indian River County up to and including Supplement No. 4.86 113 thereto are deemed to be codified and published. The Code of Indian River County, including such supplements, is hereby readopted, and The Code of Indian River County, as readopted, shall be the best evidence of the current law of Indian River County, Florida. SECTION 2. SEVERABILITY. If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void; which shall remain in full force and effect. SECTION 3. CODIFICATION. The amended language contained in Section 1 of this ordinance shall be codified as Section 100.03 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. SECTION 4. EFFECTIVE DATE. A certified copy of this ordinance, as enacted, shall be filed by the Clerk with the Office of the Secretary of State of the State of Florida within ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. 2 CODING: Words in strike-thFoug# format are deletions to existing text; words in underlined format are additions to existing text. 222 ORDINANCE NO. 2016 - This ordinance was advertised in the Indian River Press Journal on the day of January, 2016, for a public hearing to be held on the 19th day of January, 2016, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Bob Solari Vice Chairman Joseph E. Flescher Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the ordinance duly passed and adopted this day of January, 2016. Attest: Jeffrey R. Smith, Clerk and Comptroller Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICJENCY BY DYLAN REINGOLD QOUNTY ATTORNRY BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA LM Bob Solari, Chairman Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of , 2016. 3 CODING- Words in strke-through format are deletions to existing text; words in underlined format are additions to existing text. 223 /I A. Treasure Coast Newspapers , E C EI � Indian River Press Journal JAN 0 7 2016 1801 U.S. 1, Vero Beach, FL 32960 COUNTY AT` AFFIDAVIT OF PUBLICATION OFFICE ATTORNEY'S STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath'says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach In Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 869697 Public Hearing: 1/19/16: 2016 Code Meeting 1/19/16 Pub Dates January 4, 2016 Sworn to an subs i �,db&.,e of, Dgcember 30, 2015, by . who is Sherri Cipriani \/ (X) personally known to me or ( ) who has produced as identification. ,Z,Qld� &&16Le-121 Sandra Coldren Notary Public 'Wiy 1P SANDRA COLDREN ti ; PAY OOMMISSION FF 004035 EXPif?ES. A m 1 Dirt, �••., ,,• P• 2017 u Notar, Pub;ic Undervr'teis aa3-A • I . TREASURE COAST NEWspAPERs or Monday, January4, 2016 a C3 NON SEQUITURpu'tilit NDu'c s:'fp; e blit NOdcPsj3' •'3= public Notices�r,,; r.: P_ub(it:NDtites -i; 0 QN TKAs ROD'calI HOUR CW%MW NonCE OF INTENT CITY OF FORT %ERCE NOTICE ` BEFORE THE GOARD OF Mt arty OetlNm made NWgNT GGLH,O. STAIBCUY 1y f PUBLIC HEARING OF PUBdC HEAIUNG COUNTYCOMMISSIONENS with respect to airy matter Wt` GALS P tN:LlD4D b /sAaIG MY MARTIN COUNTY, FLORIDA d<rM at Ne meetlrtpz vdUli iAMtN MID lLOaIGTUE NOTICE IS HEREBY GIVEN that The CI� FC on of the OI hearings Of any Daard, A-`4s\_.TogN COUMRv UI•e'(Y_T�L the Board of County Can• Gty o Fvt Pieru, no, NOTICE OF PUBLIC NEARING ((shoe, agenry, foMfi TIME F.LGCt1oN YGAR WPS $,loners of India, River pursuant to Secdons 22.143, dl Or adMsory group. that -IN OVA14 Countlyy. Florida, MR conduct 21-76, and 22-58 of the Cotle Su � qa of $Wart person wW roup. pI,OCAII_ PubG[ Hearinq to [onsider f Ortllnences Of Ne Oty of pgjer Square) Nal RZ of the uueedbers anG. fa Opt Wopaetl oNH fort Pieme, w01 m Tuesda a, Site Pan (D024-006) Re Overt SUNT puryme, may n<eG to u tnUtleE: January 19th, 2014 Ndd fa Ma) Mal Stte _an i core thetaverbatim"Cortl PUbOc Neaung m Ne pty approval la a ve..t I._ _an f the proceedings Is made• AN ORDINANCE OF INDIAN Hall CommisslOn Cham- tai. storage lot for Kia Of Much rccard shodd Ill _ RIVER COUNTY. FLORIDA. hers. 100 North US 01., FOrt SNarL IntluOetl In 0/!S appli- the testlma and eWdence AMENDING SECTION 100.1 Pierce FImid;atthdrmeet- u , H a request t i a Cel- poo h apped b to AMENOMEM OR REPEAL Ingw@.hbeybsat6:30pm, "1-.1 f Pubic FratC - De bueO. OF ORD: NANCES' OF CHAP to consider the toill: tifidt tlOn. Far further Information 1 urRC TOTIIl. XO LbW ABeIf, TK. OFA 100 'GENERAL PROVI• ind.dlnq coda of the aper- VA.RiDR BVr TN6 �4t,6-cy,IrF SIGNS' OF THE CODE OF (1) ReNew and anmovd of L.-- The wDfeN proy da tem tedMs. lease KFLG�r-t4 �YIA 6PON iVAN VIDIAN RIVER COUNTY ('TILE• pplicailon for Manor any Ls approalmately 0.86 the Growth Management IIJT trNG.aT CODE-), CODIFYING AND AmaMmant [o an Apyyrove0 and is I..AL M 3037 Department at 712.28&6195. PUBLISHING THE ORDINANC- Site Plant B tdAp Uond A0 Stualwritten comments should 'fall`= YGAR71 a;NTA4 ud1R ES UP TO AND INCLUDING Use. sda lttCd Ov ProplRy p �asf o� Me eidst• ','.= to Nlcld van Vomw, SVFMFMENT 113 THERET0. Owner. Mount Be NBaptist Ing Kla dealership. rMaregemed Direr READOPTING THE CODE. Church. acrd representative• la. (al mktls•@mart)n DESIGNATING THE CODE AS Ol GaggeR. EA. of En TIme an0 Date: BOARD OF If or 2101 SE Monterey THE BEST EVIDENCE OF THE eed g Deggn 6 CorstrvC- Road. Stuart FL 31996 CURRENT LAW OF INDIAN tion. Inc (EDC) to apand 900 AM Ca NU ISSIOoor�ERSa THIS NOTICE DATED THIS 29TH RIVER COUNTY. FLORIDA. the approved church fadll- the matter may De Mar4 on DAY OF DECEMBER 2015 _ AND PROVIDING FOR SEVER. [cy try 4000 sppvane feet +ntl Tu'!O FeOruary 9.2016 Puy January a, 2016 omdete additlpnd sup- TCN 869915 ABOTTY, CODIFICATION, AND ^•,L�^""16 •"•_ +^^''�" AN FFTECnVE GATE port Larking antl tlraina8e south 25th street Pace: Martin County ACM( CARGO GAR A NET - Chrome FIGURINES - H. Howard sere, AGG RODS - 1511 - 20th $10. PROPELLER - I -IS alum. SWGTSHUR - NY Gianni L WRIST WATCH - Roles Ill Explode 530. (772)38&3563 aml $So. (561)752.1156^ m2N6&720P OMC. $20. (2)342-3270" Newt fli (2)342-3270' SR. (n2)55&9648" CD-PAYER-/-dodge.WAO FIGURINES H. Howard,now MTCHEN TABLE - U p dried PROPELLER -1 19 al OM[ TACOMA HANDLES -dot tl0ate X 80X t pam 3 RntrOBel ♦-dmgt m3)BT8-0%B angels. SSG. (561)25}7158^ dulrs $50 m2N71-6734 acyl Va. 515, (172)692-1532" nu 530. (2)53&SIBS 1 remote. f70, mD361-4192 [Mel,Jse21di5e' tlWPf fOUTSTDOI- Good FIGURINES - H. Howard LAD, DRIVER Callaway deg, 1• t -`S' snow mM-SR,(2N8&9746" angels. SM.(561)251-TISK^ 11 PROPELLER-1-b!ade. Marc TAR LIGHTS - T tic Fill$10, 9npNh Sao. m1N92-8706 13'x' kVS, 72)NF3170" mA3a1-3270- CHAIRS (2) BI wW rock- FISHING REEL- Zlbcd BK S15, LAPTOP- HP37'(PARTS ONLY) PUNCHING HAS - Everlasl TWE d RUM . N151751415 MS. l Bargain BOxiia,-�, a..S1gMMXD}3717 m2H6&720P IN Mo.m2N8&3563 2514520. (772N6l GO cont S3o,(M)311Mnf" BAH, JUMPER-SpRn .Hangs CNESTOFDRAWERS-O)C..l FISHINGRODS-(n Fiberglass LEATHER LOVESEAT - taupe PURSE - Ralph Lauren Sig. TIRE • 255/70/17 wrnglll duoul $15, m1Ni9T1572 V0, (n2)S -62so' boat rods. 520, (77A693 -I533 leather $99, M2)87 U4 Plaid.514 (TT!)56(-264r SLS, (.53&5]85 BAKERS Race, •Won and wo04 sR, m2)SM-62$0' ArNqu6S100. (2)713-1133FtHINQOs�Sm]69F1S12"aPern N nee AeIMAWtlS99 m1)879-9SUFA �a rnaz[r(aL 510. m1)561-Z61P Iknu PR 580772753&854 BALL "MR • GMam. S60. CHRISTMAS TREE -3 arbficid FISHING 11005 (7) 5pins. Na LEATHER RECLINER • taupe Pool - The SaL RM $30, TOW CHAIN A HOOK - Trans. (561)252-7158^ w/Ights. 510.(2)564-2613' guides. 520,(2)692-1532" Ottoman S99.(2)87&9821 (561)252-I15B^ porting. $IS,(TT2)U1 M70 - M70- BAR STOOLS - 2 wheels whits -ad:USTREE-Woodenb0ue. FLORESCENT MGHTs - (13) LG OPTIMUS Ln - 3 Phones RARY CNT GPS - . TRIUMUl CHAIR- like new. KO(17WILb�l ULd. A0, (2)311 -and" 2-$100.(2111}x133' EA. 565.(2)361.4492 odINfPSZS.m2)53&S165ef S.. m11569-1163• BATH SINK A FARCET-Nun COFFEE TABLE-3t3Y11'Dark FLY FISHING ROD - 7' E40C IIVEANIMA.TRAP-ml/-7- RANGE - GE 30' self -dear. TV WAIL MOUNT -Heavvyy Guty Glass. 5100. (Z)713 -433P Wood SM. (2)224"6510 paw. $30.(7 1/4'x24' $ts, (M)46&72 Shunt! $100, (W1Nn-t4LP s steeL 530. (2)69}IS32" BATTERY O3AR6FA-Home Al COINS NI 50 Slate It". FLY ROD SKMIdpear w/auto MATTRESS in _pootl mad. REVERSE OSMOSIS SYSTEM- VACUUM -Rays panUDaRet4 -s S25,(2)388-3563 Undre f25, m2)388 -645P red. 530. (771N6&]20P Nrl m2N�Y1769 not used HO m2M]&0974 al$M(7]2)62&IRI" BATTERY CIM - R 72Y RAdO C.U11SIS mz).}Gan CULNS- $Ute IprrNls UnOrc Fail Wht Dorm -sited. Gd No 99/00520.m1)MR_ 56' coed. Sao. (M)4-146" MELT POT - Small lead den- RIM - 15 in hes $7. VEST - Mems h bMdc S44, on. S30.(M)16&]20P (772)626-1741 (2)801-6531' RATTERT IUYPfp rsai s. COsffORTER SET • K bmg/ FURNACES•GAS-Tw01ZVfa NFL JERSEY - NY Giants L ROGER - Be twood. 525, VEST Men's lead, . Newt Cables. M.(2)62&1]11" b9e. $60, (1N8691�6" RV. $100. m2)SS&1417 New1515, m2)342M7G"' (2)211-65101N Sall, (772)801 -6531 - BEACH CHAIR - Green. $12. COMPUTER CHAIR • Black rd6 GAME CONSOLE - Nintendo NIGHT TABLES (3) MD eadl RUCKING CHAIR - Amid. 1985 VHS TAPES - (30) Assorted. 4 (5O)252 -715a vs/amas. 515, (M4564-2643 MI B RL S40• (772)60&Sn5 (Z)53&625Y or so. $100• (2)713 411 at Sl. (772)564-26aP BEACH CHAD, - Greed 532. CBMPITER -11 RecWung GEN1E/REMOTE Gvaga door WGXTS - • Wdid I dress. ROGAIEEI - P SEN RogM VHS TAPES - (951w/VCR. R (563)252 -]RSB" Fair SID(2)5641W3 ouner 520, mn363-1192 i20,(2)11a4510 red 4.0 SSG. (T72)46&]20P Disney. 534(2)971-363P BEDMNCR- 9}W --a 580. (7n)53&578s CGMPUTER MONITOR - Acer GULF CLUB CADDY - Fd6uD 17' 530. (561)151-TISK^ WDe. 520, (M)40 2034 PADDtE FAN-Hunter.6 blades MIOVNFEL-SURF 10'6'w/5N- WAIVER • Z-whetl. Newt SLS, SIO• (2)342-3270" o. V3v (r-2)-(fP (M)40}3717"� RICTCLF PARTS TREK -Marry. COUNTER y Fomdra 5100. GOLF Ott. S1 12758D P2 RUM)NG u� WAIM ¢ light $69. SN0.(n2)n}413P n71},OP -NTT ggal. Ste, (774 -270 -en. me M9. ((T7722)S*s7AS (77569-1161• BICYCLE- Gid 16' 3 spdd 1a rNW Waw 2 911Ves GOLF HYS Cobra RS 25 day. PAINTING - (a) 13'$9' IMn SAMSUNG E TV MONthr WASX TUB - C.p., antWue. nice 510.M)91}3ll9 5100. (111)214.6510 rep. shft $as. (2)589.4471 . dw Y. S20. m2)56e-26aP (white) MO. (2)361-x492 %0, (771)34F327d- BIMOCULM-10Pity FOlDABIE OIEGST TRUCKS -Hess 1981- 6PS - COBRA NAV ONE w/ PAINTINGS (3)Framed white SHARK -13pc es' WATER BOTTLE - (4) Plastic"W/CASE $19.(711)388.3563 2006MBS18.m2)22&Z795's updates536. m3)388-3563 fi.h.M(77MQ3-3717" UD, m2)4W7203n RS, (772N69.120P 61NOCULARs- 7%35 . S30 DOOR - 32F/G Slab SUte 525 ==XG WHEEL- MUOUe. EC MONITOR Acer 22' flat SHOULDER PURSE-Tiynanad WHEFLCNMR Used but red711 ()28}1914 (20/7}1769 US,(2)3U2J170" Pand. SM.(21564-2Wbon.P b 510. in2)561-IWP S300.(772)71}413P 611RDER- Ntdum AId Very GO$Sd. M4__27 GRFSSFA- White&drawer w/ )MND TOOLS -Chat-fug. SAPC minor. 194(38- 2)56250" (772)63&1741" _,ed MONITOR - GatewayM2cm)--19' SPRAYER MO n write. Newl W AMPMFUR- Distarlte and .,,and.$) M2=4U.. cm)�361P Strmgtic$too.(M)713.4133 BIFIWER•Warirg 2larsslu DRYER wNNpo HARDTOP - Fa small VUck. PING MING TABLE-Spddnp STEAMER-MYLIIUe Steamed WIFI AYRIfIR-S9d stmpN w.slfer 512, (7T313B&3567 _=M*a gti Slgo, ())581-11556688 5100.mD6Z&1743"' 5100. FUm. (TI2)559.1m Mangano. Slo.(2)SW-2W3 8 d'istnce$100.(77D71MB BOOK SFT -4 pidInalvduma mWW4W0.m1)iN-29N DVDs -0/9 Various Good co n• HEADMGHT-tatdma9]-ad- GiUon R. (772)SW-3643l' $34(112)53&5785 POOL/SPA MOTOR - Electric STEEL DRUM STAND -ask 111.2 VnFIANtENNA-ShMalmaf- 1/2 to $10. (1)342-3270" drums. SAO, (772)692-153)" net. $104 (n2)113.4113 BOOKS - La Very many. 5100.(2)713-113P F1FCfRIC BICYCLE - Parts HOLT HOWARD ANGELS• Mr $1DO. m1)TI}413P Of them $50,IML 52-7158 MIRT-A-POTTY - New! $40. STEEL DRUM STAMD-BIL MR. WIR MARINE BOAT STS -Lang (2),IWMP )drums. Sao. Int1692.1531 range.$too,(TTZ)71N13P BPen-A-MStar-Moon antique EIIPfICAL-ESOUW5100489• 1 -PAD AN 2COVER -PURPIE_1 PORTABLE CANOPY 10/20 STEER POSTS - 4 -screw de Van ROUTE11• Whyrent Ian. ch glass. K0.(T11)69T3532 15685100o m2N89•ISW week rid 515. (20/89-1463 $SO.nNW-7309 down 515. (T72NW-nog 5100. m1)71N1i3' BUCK SAW - Mtldue. 525, m31N3.32T0" END TABLE wilnut IN 3. HP 901x1 bi. cart All wood. $100. (2)781-9783 52D. (772)473-1769 PRINTER -HP WOO sealed NIB. STDRAGE TRUNK Good for WILD ANIMAL TRAPS Esc on girt W. M2)600-5725' shipping S25. m2)311-3n0"a cond. M. M2)MM4 293x" RUG GUARD NEW - Tacoma SS& (n2)5365T85 ENGTABLE-27UA21 all Wood. INVERSION TABLE • BodyFil. w/doors SR. (2)181.763 $65. (772)321-6575 PRINTER-HP6600.Sealed el STOVE - GE 30' set dean. WINE RUCK -W ht Iron 1.0 $60, (772)600.5115"' dem! $100. (847)4 93318 bottles. S45. (7]2)]81-9783 fIUICs¢R BLOC COUNT ENGAGE BLOCK • Chevy ZBs lACI(/BDTnE NORCO 5 TON PRINTER HP De"A" 1000 SIROtr re - Eddie Bauer. Paid )VINE RAO(- WrouyM iron 2W75100. (771)713-411P 5100, M2)342-32T0`� IN$13.(1)38&3563 X -Gond. $l D. ln2)81&097A S110. US. M2)692-I51P' 20 bottles. S15.(n2)TBI-9783 CABLE CUTTER - Kline 0630510 IN us. (77yul 563 EXERCISE MACH NE - Nordta LEANS - Men's s2 29 b Pd Track. 5104(2)SS&%GB" $328 Ask 125,(2)561-2643 PRINTER - HP Offlc<et 6300. SURCASE-Hand-tooled Eau- WIRELESS ROUTER - Ration NIB MO.(2)60&5125" dolor- S2S,(2)09 1531"' 1200 AIR. $25. m2)R&SnY Call LENS - Canm ED LS•105mm SM,(M)561-zW3 EXERCISE MACHINE - Total AGO MOLDS m Molds SIS, Gym PML 515• 1772)51&61176 m2N6&n03a PRBPANE TANK - S0.75/ID of SURF RDD- 101. special. Sal. WOOD ROM - Old. Vadms gas. 510.(72MW720P ('2)4 &n6P es RS. M21342M70- CARGO GAR A NET - Chrome FIGURINES - H. Howard sere, AGG RODS - 1511 - 20th $10. PROPELLER - I -IS alum. SWGTSHUR - NY Gianni L WRIST WATCH - Roles Ill Explode 530. (772)38&3563 aml $So. (561)752.1156^ m2N6&720P OMC. $20. (2)342-3270" Newt fli (2)342-3270' SR. (n2)55&9648" CD-PAYER-/-dodge.WAO FIGURINES H. Howard,now MTCHEN TABLE - U p dried PROPELLER -1 19 al OM[ TACOMA HANDLES -dot tl0ate X 80X t pam 3 RntrOBel ♦-dmgt m3)BT8-0%B angels. SSG. (561)25}7158^ dulrs $50 m2N71-6734 acyl Va. 515, (172)692-1532" nu 530. (2)53&SIBS 1 remote. f70, mD361-4192 RECREATION INDIAN RIVER COUNTY, FLORIDA AGENDA,ITEM Assistant County Administrator / Department of General Services To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: January 10, 2016 Subject: Rental Agreement Proposal for Hobart Baseball Fields. BACKGROUND: The Hobart Ballfield Complex was acquired by Indian River County in 1967 by Dedication from the Trustees of the Internal Improvement Fund for recreational purposes. The facility has been developed to include 2 baseball fields, one at high school dimensions and the other at youth dimensions. It is primarily utilized by the public on a first come first served basis. It is also utilized by the County Recreation Division on a limited basis. It is available to the public by reservation at the rate of $20 per hour per field and $20 per hour for lights. Historically, public demand for the reservation system has been low and the facility has not been attractive to Indian River County's growing sports tourism industry. In fiscal year 2014/2015, the facility generated a total of $643.80 in rental revenue. DESCRIPTION AND CONDITIONS: The Baseball Club of the Treasure Coast Inc. is a 501(c)(3) non-profit organization dedicated to the development of competitive travel baseball teams in Indian River County. They manage 4 organized baseball teams serving approximately 50 players ranging in age from 9 to 15. The Club is proposing a commitment to rent the fields for a minimum of 400 hours annually for up to 4 years at a reduced rate that reflects a 50% volume discount off of the standard rental rate. They also propose to construct permanent improvements, including but not limited to batting cages, and seek a credit toward the rent due for each verifiable expenditure. ALTERNATIVES AND ANALYSIS: The proposed Rental Agreement includes an initial 2 year term with 2 annual renewals at a reduced rate of $10 per hour / per field, and $10 per hour for lights. It allows for a temporary suspension of the term should the County endeavor to renovate or expand the facility. The Agreement requires that all improvements shall first be approved by the Recreation Manager to be in the best interests of the public and that all improvements shall inure to the ownership of the County. Under the Agreement, the County reserves the right to utilize and charge a fee for the public to utilize the improvements during after the term of the Agreement. The'Agreement leaves approximately two thirds of the facility's prime time rental capacity available to the public. FUNDING: ' No direct funding is required under this Agreement. It is estimated that the Parks Division budget will incur additional electrical costs in the amount of $1500. It is projected that the Agreement will generate a combination of improvements and rental fees averaging $7,500 annually. F:\Assistant County AdministratoAAGENDA ITEMSUOWBCC O1 JANUARY 2016\BCC Memo - Baseball Club of T C lnc.doc 224 11 RECOMMENDATION: Staff respectfully requests that the Board approve the attached Rental Agreement and authorize the Chairman to sign. ATTACHMENTS: Rental Agreement Approved Agenda Item BY: Joseph A. Baird County Administrator FOR: Indian River County Approved Date Administration / /040 County Attorney Budget Department t 6 Risk Management , P\Assistant County Administrator\AGENDA ITEMS12016\13CC 01 JANUARY 2016\BCC Memo -Baseball Club of TC Inc.doc 225 58TH AVENUE/HOBART PARK BALLFIELDS RENTAL AGREEMENT THIS 58TH AVENUE/HOBART PARK BALLFIELDS RENTAL AGREEMENT (hereinafter "Agreement') is entered into as of the 19'h day of January, 2016 (hereinafter "Effective Date") by and between Indian River County, Florida, a political subdivision of the State of Florida ("County") and Michael Paul Massey dba Baseball Club of the Treasure Coast (hereinafter "Baseball Club"). WHEREAS, the County owns and maintains the baseball fields on 58th Avenue located near the Kiwanis Hobart Park (hereinafter the "Ballfields") in Indian River County, Florida; and WHEREAS, the use of the Ballfields is otherwise free to those who use the field without a reservation on a first come first served basis; and WHEREAS, the County charges various reservation fees for the use of the Ballfields including field and light charges. The standard fee is $20 per hour / per field and light charges at $20 per hour/per field (the "Standard Rental Rate"), however, the complex generates only nominal revenue for the County; and WHEREAS, instead of making individual reservations, the Baseball Club would like to reserve a block of time for the use of the Baseball Club over the course of 2 years, which will provide the County with a guaranteed source of revenue from the use of the Ballfields; and WHEREAS, in order to incentivize the mutually acceptable terms of this Agreement, the Baseball Club intends to rent the Ballfields for a total of not less than 400 hours annually and fund improvements to the facility including but not limited to the construction of batting cages; NOW, THEREFORE, in consideration of the foregoing and the mutual benefits, undertakings and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Adoption of "Whereas" Clauses. The above recitals are true and correct and are incorporated herein. Section 2. Term. The term of this Agreement shall be for 2 years, commencing on the Effective Date and terminating 2 years after the Effective Date. The Agreement shall be renewable for two (2) one (1) year terms, by mutual consent of the County and the Baseball Club. Any election not to renew shall be served by written notice to the other party no less than 30 days prior to the expiration of the initial or any renewal term. Page 1 of 6 226 Section 3. Rental Fees for the Ballfields. Rental fees due for use of the Ballfields shall be billable at the rate of $10 per hour / per field and $10 per hour for lights (The "Adjusted Rental Rate"). All rent due shall be due quarterly. Cancellations shall be confirmed at least 5 days in advance to avoid being charged,' except that cancellations due to inclement weather shall not be charged. The Baseball Club may receive credit against the Adjusted Rental Rate due for actual Improvements to the Ballfields, as described in Section 6 below with advance approval by the County Recreation Manager. Any direct purchase receipt for materials donated or improvements made by the Baseball Club to the Ballfields shall be credited to the Adjusted Rental Rate and applied to the next quarterly rent payment due under the Agreement. Any unused credits shall be rolled over and applied to the next quarterly billing cycle. Any remaining cash balance due shall be calculated at the Adjusted Rental Rate and invoiced to the Baseball Club due and payable within 5 business days. Section 4. Non -Exclusive Use of the Ballfields. The Baseball Club shall have the exclusive right to reserve the Ballfields on Tuesdays and Thursdays between 5 pm to 9 pm and on Sundays between 1 pm and 5 pm. At all other times, the Ballfields shall remain available for reservation by the public at the Standard Rental Rate or reserved by the Baseball Club at the Adjusted Rental Rate. The Ballfields shall remain open to the public during unreserved time periods free of charge. Section 5. Lining and Dragainq the Ballfields The County lines and drags the Ballfields as part of the routine maintenance of the Ballfields, however; the Baseball Club shall have the right utilize Baseball Club's labor materials and equipment to line or drag the Ballfields in preparation for games, practices, and other Baseball Club events which occur during the times reserved for the Baseball Club as set forth in Section 4 above. Section 6. Ballfields Improvements The Baseball Club shall not make or allow to be made any alterations, additions or improvements (hereinafter "Improvements") as set forth in Section 3 above, without obtaining the prior written approval of the County, which consent shall not be unreasonably withheld, delayed or conditioned. The Baseball Club shall deliver to the County a copy of the construction plans and specifications for all Improvements, if applicable, which the Baseball Club proposes to make in or to the Ballfields. The Baseball Club agrees that all approved work shall be done in a good and workmanlike manner. The Baseball Club shall obtain, at the Baseball Club's expense, all necessary permits and approvals from governmental authorities for the commencement and completion of any such Improvements and shall furnish evidence of such approval to the County prior to the commencement of construction or installation of any such Improvements. All Improvements shall be constructed in accordance with all applicable building codes, laws and regulations. All of Baseball Club's Improvements shall be deemed to be a part of the Ballfields, and the Baseball Club shall be obligated to maintain and repair the same. All Improvements in or to the Ballfields shall, when made, become the property of the County and shall be surrendered to the County upon the termination of this Agreement, whether by lapse of time or otherwise. The Baseball Club shall indemnify, hold harmless and defend the County from and against any and all claims, losses, liabilities, costs, damages and expenses (including court costs and attorneys' fees Page 2 of 6 227 at or before the trial level and in any appellate proceedings) arising out of or relating to any Improvements made by the Baseball Club in or to the Ballfields (notwithstanding County's prior written consent thereto). All of Baseball Club's Improvements shall be secured by the Baseball Club when not being used by either the Baseball Club or the County. The Baseball Club and the County shall cooperate to maintain lock combinations or key access to the Improvements at all times under this Agreement. The County and the public shall have the right to utilize the Improvements during those times in which the Ballfields are not reserved for use by the Baseball Club. The County shall retain the right to collect a fee for use of the Improvements by the public. The County and the Baseball Club shall have access to the Improvements at the times allotted by this Agreement. Section 7. Advertisement at Baseball Fields Fences. The Baseball Club shall be entitled to obtain revenue from any advertising the Baseball Club secures at the Ballfields. Such advertising shall be limited to banners or signs which are displayed on the inside portion of the outfield fences. Any banners or signs must be approved by the County Recreation Manager prior to display. All signage must comply with any requirements set forth in Chapter 956 of the Indian River County Code of Ordinances, if applicable. The Baseball Club shall pay the County 10% of any revenue earned from advertisement at the Ballfields as set forth in this section. Such payments shall be made to the County quarterly and in addition to the total rent due as set forth in section 3 above. Section 8. Baseball Club Equipment Storage The Baseball Club shall have the right to store equipment at the Ballfields, subject to approval by the County Recreation Manager or his Designee. The Baseball Club will be responsible for providing its own storage facilities for such equipment. The Baseball Club shall solely be responsible for any damage or loss of such equipment stored at the Ballfields. Section 9. Insurance Requirements The Baseball Club will provide the County with evidence of insurance, including commercial general liability, and if applicable,. automobile liability and workers' compensation. If children will be supervised in connection with use of the ballfields, sexual molestation liability insurance will also be required. All insurance, with the exception of workers' compensation, will name the County as additional insured. Discretionary Authority — Depending upon the nature of any aspect of the use of the Ballfields and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. Section 10. Liability and Indemnification. The County shall in no way be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement. The Baseball Club shall defend, hold harmless and indemnify the County,with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or Page 3 of 6 228 relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by the Baseball Club in conjunction with any of the activities described in this Agreement. This section 10 shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. Section 11. Assignment. The Baseball Club shall not transfer or assign this Agreement, or any portion thereof, to any third party without the express written approval of the County, which approval may be granted or withheld in its sole discretion. Section 12. Termination. Either party may terminate this Agreement if the other party fails to comply with a term of the Agreement. The terminating party shall notify the other party of the decision to terminate this Agreement at least 30 days before the effective date of termination. The party in default may avoid termination by correcting the default to the satisfaction of the other party prior to the effective date of termination stated in the notice. The County reserves the right to suspend this Agreement for a period of up to 18 months following 60 days' notice of the County's intent to proceed with any renovation, improvement, or construction project to the Ballfields that will substantially interfere with the use and enjoyment by the Baseball Club of the Ballfields (the "Suspension Period"). Suspended time shall extend the lease by the amount of days under the suspension period. After the suspension period, any unused credits for improvements under Section 6 shall remain available to the Baseball Club under the terms of this Agreement and applied to the Baseball Club's utilization of the Ballfield's in their after improved condition. Section 13. Ballfield Rules Apply. Unless otherwise stated herein, the Baseball Club shall comply with all of the rules and regulations contained within the Indian River County Recreation Department Athletic Field Permit Application, attached hereto as Exhibit "A". Section 14. Miscellaneous A. Time of the Essence. Time is of the essence in the performance of each and every provision of this Agreement. B. Force Maiieure/Emergency. Any non-performance of the terms or conditions of this Agreement caused by or resulting from an event of Force Majeure (as defined below) shall not constitute a violation or event of default. For the purposes of this Agreement, the term "Force Majeure" shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, explosions, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of governments, civil disturbances, unavoidable breakage of machinery or equipment, enactment of applicable laws prohibiting performance, and other such causes not within the reasonable control of the party claiming the occurrence of an event of Force Majeure. C. No Waiver. The failure of either party to enforce any provision of this Agreement, or the waiver thereof, in any specific instance by either party shall not be construed as a general waiver or relinquishment on its part of such provision in any other instance, and such provision shall nevertheless remain in full force and effect. Page 4 of 6 229 D. Binding Affect; Severability.- All of the provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties. If any provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby. E. Governing Law: Venue,• Attorney Fees. This Agreement shall be construed, governed and interpreted according to the laws of the State of Florida. Venue for resolution of any dispute shall be in Indian River County, Florida. Each party shall bear its own attorney fees in any dispute arising under this Agreement. F. Entire Agreement:—Amendments. This instrument constitutes the entire agreement between the parties and supersedes all previous discussions, understandings, and agreements between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in writing by written amendment or other appropriate written document. This Agreement may be executed in separate counterparts, each of which shall be deemed to be an original and all of which together shall constitute one and the same instrument. G. Construction/Interpretation of Agreement. Each party has participated equally in the negotiation and drafting of this Agreement. In the event that an arbitration panel or court is required to interpret any provision of this agreement, the provision shall not be interpreted for or against either party upon the basis that such party was or was not the preparer of this Agreement. H. Sovereign Immunity. Nothing herein shall constitute a waiver of the COUNTY'S sovereign immunity. I. Waiver of Jury Trial. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES. ITS RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CAUSE OF ACTION OR ISSUE ARISING OUT OF OR RELATING TO THIS AGREEMENT. J. No Third Party Beneficiaries. Except as otherwise expressly provided herein, this Agreement is solely for the benefit of the named parties, and no enforceable right or cause of action shall accrue hereunder to or for the benefit of any entity or individual not a named party hereto. K. Notices. Any notice required hereunder shall be in writing and shall be delivered by personal delivery, courier, express or overnight mail, or certified mail, return receipt requested, addressed to the appropriate party as follows: If to County County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 Page 5 of 6 230 If to the Baseball Club Michael Paul Massey 466 331d Avenue SW Vero Beach, FL 32968 L. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. IN WITNESS THEREOF, the parties have set their hands and seals the date entered below. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk (Affix Seal) Approved: BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY ("Indian River County") la Bob Solari, Chairman Approved by BCC: January 19, 2016. Approved as to form and legal sufficiency: By: By: osep A. Baird ylan Reingold County Administrator County Attorney ATTEST: (Affix Seal) MICHAEL PAUL MASSEY /dba / Baseball Club of the Treas a Coast By: Date: , 2016. Page 6 of 6 231 EXHIBIT A Indian River County Recreation Department 1800 27"' Street Vero Beach, F1.32960 (7 72) 226-1732 ATHLETIC FIELD PERMIT APPLICATION Organization: Field: Representive: Phone #: Day & Date: Time: field rental for tournaments: non profit ($75 per day, per field) profit ($150 per day, per field) game conditions field preparation ($40 per field) light charges ($20 per hour, per field) pradtice conditions - fields only, daylight hours, ($20 per hour, per field) supervisor fee past regular working hours ($20 per hour) amount of rental Receipt No. Approved YES Athletic Supervisor All Tournaments: 1) there is a $100 damage dposit - refundable if no damage. 2) there is a $25 processing fee if a tournament is canceled after the contract is approved. 1) permits must be approved by athletic supervisor or representative before issuance. 2) permits for groups compased of miniors will be isssued only to adults' reponsibility for supervision throughout period covered by permit. 3) no tickets are to be sold at field and no admission charge made except as expressly authorized and approved on permit by athletic supervisor. 4) serving of food and/or use of concession facilities must be expressly approved and authorized on permit by athletic supervisor. 5) no group shall conduct any activity causing extra work for maintenance crew unless prvious agreement has been made to pay for such extra work. 6) decorations shall not be put up withought approval of the athletic supervisor 7) no alcholic beverages may be br�Fht Into the a 1111 8) gambling in any form will not be allowed in the area. 9) activities shall cease by 11:00 pm unless otherwise stated on permit. 10) control of lights, p.a. systems and other equipment, and locking and unlocking of doors are responsibilities of the athletic supervisor 11) permitees are solely responsible and answerable for any and all damages, accidents, or injuries to persons or property resulting from the use of the field. 12) agree to all aformentioned items and non-compliance with any of these will suspend their privileges with the recreation department of indian river county. Signature: Date: 232 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Ptngolt Cotner, Assistant County :-attorney 138 Attorney's Matters - B. CC 1 19 16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: January 13, 2016 ATTORNEY SUBJECT: All Aboard Florida St. Johns River Water Management District Permits BACKGROUND. On November 13, 2015, the St. Johns River Water Management District (the "District") received an Individual Environmental Resource Permit ("ERP") application for the All Aboard Florida project (the "Project"). Specifically, the ERP application is for Segment D08 of the Project which spans approximately 67 miles from SR 528 in eastern Brevard County to the Indian River County — St. Lucie County Line. The ERP application includes bridge work at Horse Creek, Goat Creek, North Canal, Main Canal and South Canal along with work in multiple areas involving installation of additional tracks requiring stormwater treatment. The ERP application states that an exemption request was been granted for the replacement of approximately 51 miles of rail; installation of new additional proposed track totaling 74,250 LF of additional track in additional to the restoration of the historic double track; and installation of approximately 3.2 miles of upland train crossovers (pedestrian crossovers). The ERP application also does not include the potential future replacement of the St. Sebastian River, Crane Creek, Turkey Creek, and Eau Gallie River bridges, which are proposed to be submitted for permitting after conclusion of the pending review by the State Historic Preservation Officer. On December 25, 2015, the District posted notice of the ERP application and opened up a 14 day comment period for the submission of questions, objections, comments or information regarding the Project's ERP application. On January 6, 2016, Indian River County submitted comments to the District raising questions concerning the inconsistency of the Rail Cross Sections and the Normal Typical Sections for the Project and the impact of that inconsistency on the wetland impact analysis. The comments also addressed issues relating to the lack of information concerning the impact of the drainage swales on wetlands. Finally, the comment questioned the appropriateness of the ERP application to rely on the Project FEIS, which was generated during a flawed and incomplete NEPA process. The comments are attached. Approved for January 19, 2016 BCC Meeting Attorne '�Matte�rs.� COUNTY ATTORNEY C �lsrnnroinm'.1ppUvmYocalllh f;Hlndv.rlT'mipvmr/mrmrlF`JesCmnnr.[hrlaok'plJ[ib7.l3lal/dbrmJ F/oriAu Di firs Pnmin.dn Indian River Co. Approved Date Admin. W 1k 411P Co. Atty. Budget )Ilk Department —/ - 1-11- 9 Risk Risk Management - --- `AN Board of County Commissioners January 7, 2016 Page Tivo On December 11, 2015, the District issued a request for additional information concerning the Project ERP application. The request for additional information is attached. All Aboard Florida has until March 10, 2016 to submit the requested information to the District. Additionally, on October 22, 2015, the District received an application for an Environmental Resource General Permit ("General Permit") for the installation of 67 miles of fiber optic cable from Fort Pierce to Cocoa Beach, which includes 9 subaqueous crossings. The General Permit application states that no work is proposed within wetlands or surface waters and that no wetlands or surface waters will be drained. The General Permit application indicates that the fiber optic cable will be installed through directional drilling and jack -and -bore methods. The Environmental Resource General Permit was issued on October 28, 2015 and expires on October 15, 2020. At this stage in the permitting process, the County Attorney's Office believes that it would be helpful to hire a Florida law firm familiar with the District permitting process in order to assist in the overall review and evaluation of the District applications and identifying options for potential challenges, if necessary. If authorized to hire such a law firm, the County Attorney's Office will bring a contract to the Indian River County Board of County Commissioners (the "Board") for approval. FUNDING. On March 24, 2015, the Board of County Commissioners approved a funding allocation for expenses associated with the All Aboard Florida permitting process. For fiscal year 2015/16, $1,100,000 has been authorized for this purpose. Funding is provided from General Fund reserves (account number 00110214- 033110-15023), therefore, the current year millage rate is not impacted. RECOMMENDATION. The County Attorney's Office recommends that the Board authorize the County Attorney to move forward with hiring a Florida law firm to assist in the District permitting process with direction to obtain authorization from the Board before execution of any contract for services. ATTACHMENT(S). Indian River County comments to Project ERP application District Request for Additional Information C�Lmrs'nma•�mbf/yDam�Dud!!licrom�ill'mduu dTemp.ran• /meme� }71e. Cumrn�.UwGruk'1.1 Uf:LZl3U11 dMwrJ F7un<la Diana Perm—&v 234 BOARD OF COUNTY COMMISSIONERS OFFICE OF COUNTY ATTORNEY Dylan R. Remgold, County attorney William K. DeBraal, Deputy County Attorney Kate Ptngolt-Cotner, Assistant County Attorney January 6, 2016 Bureau Chief Bureau of Regulatory Support P.O. Box 1429 Palatka, FL 32178-1429 Via Email: applicationsupport@sjrwmd.com Re: Permit # 135214-2 Project Name - All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) To Whom It May Concern: My name is Dylan Reingold and I am the County Attorney for Indian River County. On behalf of Indian River County, I am submitting the following questions and comments to the St. Johns River Water Management District (the "District") concerning the above -referenced project pursuant to that notice which was posted on the District's website on December 25, 2015. The limits of wetland impacts have been reduced by narrowing the limits of disturbance shown on all exhibits in Appendix 3, D08 Ecological Assessment. However, there has not been a corresponding reduction in the Normal Typical Section for track installation shown on the typical sections sheets of the construction plans. How will the tracks be constructed within the reduced area for each wetland location? The Rail Cross Sections provided as part of the construction plans are incomplete as they are not consistent with the Normal Typical Sections for the project. It is therefore impossible to know which cross section will be utilized for track construction within the limits of each wetland area. Additionally, the Rail Cross Sections do not show the wetland impacts as only the rail sections are shown and not all the actual improvements to be constructed per the Normal Typical Sections. The existing wetland lines are shown, but with no impacts to the wetlands. This is simply incorrect. 2. Based on the Normal Typical Section shown on the construction plans, there will be drainage swales constructed approximately two feet in depth on the outside of the two main tracks. How do the swales impact each of the wetlands identified in Appendix 3? How can the District issue a permit for such activities without this information? 1801 271b Street, Vero Beach, Florida 32960-3365• (772) 226-1424 Fax (772) 569-4317 235 Re: Permit # 135214-2 Project Name - All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) January 6, 2016 Page 2 of 2 3. As part of the application, the applicant was required to describe how the proposed activity will not be contrary to the public interest. Additionally, the applicant was required to describe how the project will be designed to avoid adverse affects to public health, safety, or the welfare or the property of others. The response from the applicant was "[a]s part of National Environmental Policy Act (NEPA) requirements, a final Environmental Impact Study (FEIS) has been prepared for this project. The FEIS can be found at this address: httos://www.fra.dot.gov/eLib/Details/L16955." The entire NEPA process was flawed. Indian River County submitted lengthy critical substantive comments to the Federal Railroad Administration on both the Draft Environmental Impact Statement ("DEIS") and the FEIS. Those comments are attached. Indian River County was not alone in its criticism of the DEIS and the FEIS. St. Lucie County submitted to the FRA a detailed comprehensive Critical Assessment on the DEIS for the proposed All Aboard Florida project. With respect to that portion of the DEIS review concerning wetlands and listed species performed by Passarella & Associates, Inc., the Critical Assessment indicated that the DEIS did not provide a full alternatives analysis. Additionally, the Critical Assessment criticized the alternatives as not having been rigorously and objectively evaluated. And finally, the data and analysis were found to be lacking. There is no indication that these issues were resolved in the FEIS. The Critical Assessment is also attached. As the FEIS is referenced throughout the application, .it is important to note that the Record of Decision ("ROD") has not been issued by the FRA. As the applicant has relied upon the NEPA process as part of the justification of the issuance of the District permit, issuance of the District permit prior to the issuance of the ROD would be improper. Due to the timing of the filing of this application during the holidays, I respectfully request that the District allow additional time to submit other questions, comments and materials which may come to light after the expiration of the comment period concerning the above -referenced project. I also respectfully request that the District provide me with an individual Notice of District Decision or Intended District Decision concerning the above -referenced project. Thank you very much for your consideration of this matter. Sincerely, --- Dylan Reingold County Attorney Indian River County Enclosures 236 Mal St. Johns River .. Water Management District Ann B Shortelle, Ph.D., Executive Director 525 Community College Parkway S.E. • Palm Bay, FL 32909 • (321) 984-4940 On the Internet at floridaswater.com. December 11, 2015 Charlene Stroehlen - Sent via email: charlene.stroehlen@amecfw.com Amec Foster Wheeler Environment & Infrastructure, Inc. Re: Application No. 135214-2 All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) (Please reference application number on all correspondence.) Dear Ms. Stroehlen: The St. Johns River Water Management District has received your Individual Environmental Resource Permit application. Upon review of the proposed project, the following technical information is needed to sufficiently review the application. This information is being requested under the authority granted to the St. Johns River Water Management District by sections 373.413(2) and 373.4131, Florida Statutes (F.S.), and rules 62- 330.054, 62-330.060, 62-330.301 and 62-330.302, Florida Administrative Code (F.A.C.). In order to expedite the review of your application, please use the application number referenced above and respond electronically through e -Permitting at floridaswater.com/permitting_ or submit all requested information to the District. 1. This project requires an Individual Environmental Resource Permit. The processing fee for an Individual ERP with an over 3 acres of wetland impact is $5,610.00. Please submit a check for the appropriate fee made payable to the St. Johns River Water Management District. [40C-1.603(5) F.A.C.]. 2. The application indicates that Florida East Coast Rail Way, LLC and All Aboard Florida — Operations, LLC are the entities authorized to conduct work with railroad right-of-way (ROW). The construction plans received by the District on November 11, 2013 appears to show proposed work that extends outside the limits of the ROW at the following locations: • Sheet 74 and 75, page 66 and 67/1238, Track work outside of ROW • Sheet 96, page 88/1238, Track work outside of ROW • Sheet 107, page 99/1238, Track work outside of ROW • Sheet 115, page 107/1238, Track work outside of ROW • Sheet 118 and 119, Page 110 and 111/1238, Track work outside of ROW • Sheet 184, 176/1238, Track work outside of ROW GOVERNING BOARD John A. Miklos, CHAIRMAN Fred N. Roberts Jr., VICE CHAIRMAN Chuck Drake, SECRETARY Carla Yetter, TREASURER ORLANDO OCALA ORLANDO FERNANDINA BEACH Douglas C. Bournique Douglas Burnett Maryam H. Ghyabi Ron Howse George W. Robbins VERO BEACH ST. AUGUSTINE ORMOND BEACH COCOA JACKSONVILLE 237 All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) December 11, 2015 Permit No. 135214-2 • Sheet 211, page 203/1238, Track work outside of ROW Under the Statewide Environmental Resource Permit (SWERP) rules, documentation must be provided showing the applicant has sufficient real property interest over the land where the activities will be conducted. Refer to Section 4.2.3(d) of the Applicant's Handbook Volume 1. Please provide this documentation or reduce the scope of work to only areas within the boundaries of the ROW. [62- 330.060(3), 62-330.301(1)(j), F.A.C] 3. The application indicates that all modifications to bridges within the D08 segment which require authorization from the United States Coast Gurard (USCG) have been excluded from the project boundaries and will be authorized under a proposed future phase. To clarify the extent of work within your proposed project, please remove plan details of bridges not included within the project boundaries or add notes clarifying exactly what work is excluded from the project boundaries at the following location: Sheet 152 and 153, pages 364 and 364 / 1238, Add note that Eau Gallie River bridge work is not included within application Sheet 167, page 378/1238 PDF, Add note that Crane Creek bridge work is not included within application Sheet 180, page 391/1238 PDF, Add note that Turkey Creek bridge work is not included within application [62-330.301, 62-330.302, F.A.C. and 10.0 A.H.] 4. This application is the first phase of a multi -phase project. As part of this review, Staff must consider impacts of the intended or reasonably expected use or future activities on water quality and wetland and other surface water functions. Future phases that will occur in surface waters and shoreline wetlands of water bodies such as Eau Gallie River, Crane Creek, Turkey Creek and Sebastian River will likely result in dredge and fill activities that warrant mitigation. Please provide a conceptual mitigation plan that demonstrates that anticipated impacts from future phases can be offset within the same hydrologic mitigation basins in which they are to occur. [10.2.7, A.H.] 5. Your proposed mitigation plan included the purchase of credits at Basin 22 Mitigation Bank. Please provide the letter of request for withdrawal for the appropriate amount of credits from the mitigation banker. The letter should include: Project Name and Permit/Application Number Number of credits reserved, sold, or transferred Type of credits reserved, sold, or transferred Phase the credits are to be withdrawn from Basin the credits are to be withdrawn from A paragraph stating; Upon issuance of the permit for the project noted above, please withdraw the credits from the Basin 22 Mitigation Bank ledger and provide written notification of this transaction. [62-330.301 and 62-330.302, F.A.C.] 6. Your project proposes to mitigate for impacts to wetlands by preserving uplands, wetlands under a conservation easement in favor of the District. Please provide the following information: Page 2of5 238 All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) December 11, 2015 Permit No. 135214-2 a) Proof of sufficient record title of the conservation easement area by the grantor must be provided. Examples of such evidence include, but are not limited to, an attorney's title opinion, title certificate or warranty deed. Please provide title evidence in the form of a title insurance policy, a signed title commitment, a title certificate, an attorney's title opinion letter, or an ownership and encumbrance report prepared by a title company, title insurer or title attorney showing that: (1) the listed grantor owns the conservation easement property and (2) the conservation easement property is not burdened by encumbrances or easements. 1) The search period includes all recorded documents (30 -year marketable title period) and the date of the title information is no older than 90 days from the date of submittal to the District. 2) If the title information covers a larger tract of land than just the conservation easement area, the locations of any easements or encumbrances have been identified on a map. (Please note that except as authorized by statute, the conservation easement area may not be subject to encumbrances such as, but not limited to, recorded or unrecorded utility easements, right of way easements, reservations of gas or mineral rights and leases that would impair the ecological value of the conservation easement area.) 3) The title information covers all encumbrances, not just mortgages and liens. 4) If encumbrances or easements exist or will exist at the time the conservation easement is recorded, and a copy of the instrument creating each encumbrance or easement, along with a sketch depicting its location, is attached to allow District staff to determine whether the encumbrance or easement adversely affects the ecological value of the proposed mitigation. These encumbrances or easements are also identified on the submitted plans. b) Please indicate who will be executing the easement on behalf of the Grantor and the title or position of the signatory. If the Grantor is a business entity and the information provided in the signature block does not correspond to information available from the Division of Corporations, please provide documentation of the signatory's authority to convey property on behalf of the business entity. c) Please submit (1) a metes and bounds legal description of the area to be placed under the conservation easement, (2) a surveyor's sketch with the easement area clearly delineated and labeled, with the acreage of the easement area noted on the sketch, and (3) the appropriate USGS topographic map with a surveyor's sketch of the conservation area plotted on the map. Please have the pages clearly labeled as Exhibit "A" to the conservation easement (i.e., Exhibit "A", page _ of _). After your submittal of Exhibit "A", District staff will review the exhibit to confirm that the conservation easement area described is the area approved in the mitigation plan. [62-330.301, F.A.C., 62-330.302, F.A.C., 10.3.8, A.H.] Please be advised that your application has been forwarded to the Florida Fish and Wildlife Conservation Commission, Office of Environmental Services Office of Protected Species Management and the Division of Historical Resources the for their review and comment. Both agencies are still reviewing your application and additional questions concerning listed species and historic resources may be forthcoming following their review. [40C-4.301(1) and 40C-4.302(l)(a), F.A.C.] Please be aware, that suggestions or other direction provided by District staff are offered to assist applicants in complying with District rules. However, applicants bear the burden of demonstrating that their application meets the applicable rule requirements. Although District staff may provide suggestions to applicants that Page 3 of 5 239 All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) December 11, 2015 Permit No. 135214-2 would allow staff to recommend approval of an application to the District's Executive Director or delegatee, the final decision regarding the approval of a permit application is up to the District's Executive Director or delegatee. If an application is recommended for denial, the application will be scheduled for consideration by the District's Governing Board. Applicants are hereby advised that the Governing Board and the Executive Director or delegatee are not bound by previous statements or recommendations of District staff regarding an application. If the applicant desires to dispute the necessity for any information requested on an application form or in a letter requesting additional information, he or she may, pursuant to section 373.4141, F. -S, and Section 5.5.3.6, Volume I, Environmental Resource Permit Applicant's Handbook (October 1, 2013) (A.H) request that District staff process the application without the requested information. If the applicant is then unsatisfied with the District's decision regarding issuance or denial of the application, the applicant may request a section 120.569, F.S. hearing pursuant to Chapter 28-106 and rule 40C-1.1007, F.A.C. Please be advised, that under Section 5.5.3.5, A.H.,Vol. I, the applicant has 90 days from the date the District makes a timely request for additional information to submit that information to the District. If an applicant requires more than 90 days to respond, it must notify the District in writing of the circumstances, at which time the application shall remain in active status for one additional period of up to 90 days. The District will grant additional extensions for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information, and that the additional time period is both reasonable and necessary to supply the information will be considered good cause. In such case, the District will grant a specified amount of additional time. If the applicant chooses not to, or is unable to, respond to the request for additional information within the above time frames, the application will be recommended for denial at the next regularly scheduled Governing Board meeting. An administrative denial is not a determination of the merit of an application and does not preclude the applicant from reapplying at a later time. However, the applicant will not receive a refund of processing fees submitted, and the District will not apply those processing fees to a subsequently submitted permit application or notice, If an applicant cannot provide the information within the applicable timeframes, the applicant may wish to withdraw the application in accordance with section 5.5.3.7, A.H.,Vol. I. Please note that no construction may begin on the proposed project until a permit is issued by the St. Johns River Water Management District. Rule 62-330.020(2), F.A.C, requires that a permit be obtained prior to the construction, alteration, operation, maintenance, abandonment or removal of any project (as defined by rule). If you have any questions, you are encouraged to contact Eric Muldowney at (321) 984-4904 or by email at emuldownCo)sjrwmd.com or Fariborz Zanganeh at (321) 676-6630 or by email at fzangane(cb-sirwmd.com. Sincerely, Eric Muldowney, Senior Regulatory Scientist Environmental Resource Regulation Fariborz Zanganeh, P.E Supervising Professional Engineer Environmental Resource Regulation CC: David Dewey Page 4of5 240 All Aboard Florida North South Rail Corridor Segment D08 (FEC Railroad from MP 166.9 to MP 233.4) December 11, 2015 Permit No. 135214-2 Hannah Hernandez Susan Moor Cammie Dewey Marjorie Cook Jeremy Paris - Amec Foster Wheeler - Sent via email: jeremy.parisCc�amecfw.com Shannon McMorrow. Amec Foster Wheeler - Sent via email: Shannon. McMorrow(-amecfw.com Robert Ledoux, Florida East Coast Rail Way, LLC - Sent via emai: Robert.Ledouxa- fecrwy.com Jeffry B Fuqua, J Acquisitions Brevard LLC - Sent via email: stephanie(c--Dbtc-inc.com Ricardo Cintron, HNTB Corporation - Sent via email: rcintronnhntb.com Kolleen Cobb and Jose Gonzalez, All Aboard Florida - Operations, LLC - Sent via email: Jose.Gonzalez(@feci.com Joe Galletti, RAM Land Holdings LLC - Sent via email: ioeabio-techconsulting.com Stephanie Salvilla, Bio -Tech Consulting, Inc. — Sent via email: stephanie@bio-techconsulting.com Ruth Stanbridge - Sent via email: STANBRaaol.com Page 5of5 241. BCC AGENDA January 19, 2016 ITEM 14.A (1 ) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 12, 2016 SUBJECT: Us 1 South County Signage FROM: Commissioner Bob Solari During the planning and construction of the new and improved U S 1 in the south county, many south county residents and communities expressed a strong interest in having attractive, high quality signage announcing to travelers their entrance into Indian River County. With the completion of the project it would seem to be a good time to discuss this and give staff some direction as to the signage it may want to have to announce to travelers that they have entered our great county. Thank you. 242 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM \c% Date: January 11, 2016 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District.• Subject: CCNA-2014 Work Order No. 6 to CDM Smith, Inc. for Engineering Services with the 2016 Annual Permit Compliance Monitoring and Reporting DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third party professional engineer. This agenda item requests authorization to engage the engineering firm of CDM Smith, Inc. (CDM) to prepare and seal the following reports: 1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits; 2.. Annual reports required by the site Title V air quality permit including the annual operating report and the flare emission testing report; In addition, a general technical assistance and permit compliance task is included as SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operations. ANALYSIS: CDM has prepared CCNA-2014 Work Order No. 6, 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. The tasks are listed below showing the expected completion dates and their estimated fees. SWDD Agenda - CCNA-2014 WO No 6 CDM Smith 2016 Annual Permit Compliance Monitoring & Reporting Page 1 of 2 243 _TASK «=.;-DESCRIPT10N-°:1,_r.=' 'DUE=.DATE ','AMOUNT 41121734-033130 $93,090 Legal Task 1 Project Quality Management 1/1/16 —12/31/16 $20,620 Task 2 Semi -Annual Water Quality Sampling & April 2016 & SWDD -Finance Reporting October 2016 $41,070 Task 3 Title V Permit Compliance Monitoring March — May 2016 $16,310 Task 4 General Technical Assistance 1/1/16 —12/31/16 $15,090 TOTAL (Lump Sum) _ $93,090 The costs above are consistent with what SWDD has paid historically for these services. FUNDING: Funding for the 2016 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 $555,000 for the 2015/2016 fiscal year. ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $93,090 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve CCNA-2014 Work Order No. 6 with CDM Smith, Inc. in the amount of $93,090 to provide engineering services related to the 2016 Annual Permit Compliance Monitoring and Reporting. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) CCNA-2014 Work Order No. 6 — CDM Smith, Inc. APPROVED FOR AGENDA: By: JV . Jose A. Baird, County Administrator F Date Indian River Co. Approved Date Administration f �/V, Legal Budget / I 14h; SWDD ti SbJ6 SWDD -Finance SWDD Agenda - CCNA-2014 WO No 6 CDM Smith 2016 Annual Permit Compliance Monitoring & Reporting Page 2 of 2 244 WORK ORDER NUMBER CCNA2014WON06 2016 PERMIT COMPLIANCE MONITORING AND REPORTING This Work Order Number --6- is entered into as of this _ day of 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4'h day of November, 2014 .(collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith, 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 hereto have executed this Work Order as of the date first written above, CONSULTANT: CDM Smith, Inc. e Eric J: 'Groti<e, PE, BCEE Title: Vice President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Bob Solari , Chairman BCC Approved Date: Attest: Jeffrey R, Smith, Clerk of Court and Comptroller By: Approved: Deputy Clerk seph At Baird, County Admin Approved as to form and legal sufficiency T. Reingold, County Attorney 245 EXHIBIT A AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract. BACKGROUND Solid Waste Operation Permit Water Quality Compliance Semi-annual reports of groundwater quality at the COUNTY Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Water Quality Monitoring Plan (WQMP) included as Appendix 3 of Permit Nos. SC31-0128769-022SC and 5031-0128769-02350 for the Class I landfill and the Monitoring Plan Implementation Schedule (MPIS) dated March 7, 2011, which includes the construction and demolition (C&D) debris landfill. The scope of work is based on the draft permit dated December 11, 2015 that was included in the Notice of Intent to issue the new permit for the Class I landfill and the part of the MPIS for routine monitoring of the C&D debris landfill pending receipt of the FDEP-approved monitoring requirements for the C&D debris landfill. Assistance in the development of an FDEP-approved WQMP for the C&D debris landfill is included in this scope of work under the General Technical and Miscellaneous Permit Compliance Reporting task. Two semi-annual monitoring reports that document the sampling events will be required in calendar year 2016. In addition, four new wells will be installed and the initial sampling will be performed concurrently with the July 2016 monitoring event. Semi-annual sampling of the Class I and C&D debris landfill groundwater monitor wells shall be performed in January and July of 2016. The samples collected from the Class I monitoring wells during these events will be analyzed for the routine monitoring parameters listed in Paragraph 11.7 of the WQMP and Chapter 62-701.510(7)(a), F.A.C. The samples collected from the C&D landfill monitoring wells will be analyzed for the routine monitoring parameters listed in Chapter 62- 701.730(8)(c), F.A.C. and Paragraph 9 of the MPIS dated March 7, 2011. Samples from the four new Class I monitoring wells that will be installed within 90 days after the new permit is issued will be analyzed for the parameters listed in Paragraph 11.6 of the WQMP. In total, 35 wells will be sampled in January and 27 wells, including the four new wells, will be sampled in July. Samples from one surface water site shall be collected in January and July, if water is discharging from the stormwater pond. The samples, if collected, will be analyzed for the parameters listed in Paragraph 111.12 of the WQMP and Chapter 62-701.510(7)(d), F.A.C. A-1 JjI798.ao« 246 Sampling of new wells other than the four wells that will be installed within 90 days of the issuance of the new permit or replacement groundwater monitor wells are not included this Scope of Services. All laboratory analyses will be performed by the COUNTY contract laboratory (ENCO). Title V Operation Permit Air Quality Compliance The COUNTY Landfill also operates under a Title V permit (Permit No. 0610015 -004 -AV) issued on July 16, 2012, which contains monitoring and reporting requirements related to the landfill gas collection and control system. The COUNTY is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: ■ Annual Statement of Compliance (within 60 days after the end of the calendar year); ■ Annual Operating Report (on or before April 1 of the following year); and ■ Results of an annual flare visible emissions test (within 45 days of testing). Effective December 31, 2013, the Major Air Pollution Source Annual Emissions Fee is calculated by FDEP's Electronic Annual Operating Report (EAOR) application that is used to produce the Annual Operating Report listed above. The emissions fee for 2015 is due by April 1, 2016. SCOPE OF SERVICES CONSULTANT will undertake the annual permit compliance monitoring and reporting, which will include the following tasks: Task 1: Project Quality Management Task 2: Semi -Annual Water Quality Sampling and Reporting Task 3: Title V Permit Compliance and Reporting; and Task 4: General Technical and Miscellaneous Permit Compliance Reporting The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Scope of Services may be needed if there are any regulatory changes that result in additional work. TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations. CONSULTANT will meet with COUNTY staff monthly for project planning and coordination. CONSULTANT's project.manager will prepare and submit monthly status reports and attend status reporting meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Preparation of invoices and project administration will also be performed under this task. TASK 2.0 -SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING CONSULTANT will assist COUNTY with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CONSULTANT will perform the field testing, sample collection, and water -level measurements. CONSULTANT will contract with Ideal Tech Services Inc. (ITS) to perform the groundwater and surface water sampling. Prior to collecting groundwater samples in January and July, 2016, CONSULTANT/ITS will collect water level data for A-2 j{1799.aonc 247 the groundwater monitor wells. CONSULTANT/ITS will perform semi-annual sampling of the Class 1 and C&D debris landfill groundwater monitor wells in January (35 wells) and July (23 wells) of 2016. CONSULTANT/ITS will collect samples from the four new Class I monitoring wells that will be installed within 90 days after the new permit is issued. In total, 35 wells will be sampled in January and 27 wells, including the four new wells, will be sampled in July. Sampling of new wells other than the four wells that will be installed within 90 days of the issuance of the new permit or replacement groundwater monitor wells are not included in this Work Order. CONSULTANT/ITS will also perform semi-annual (January and July) sampling of the surface water site, if discharging. It is estimated that data collection and sampling will take three days to complete per sampling event. In the event that FDEP requires resampling of groundwater monitoring wells, the labor and materials will be invoiced under Task 4 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, the COUNTY will not be invoiced. CONSULTANT/ITS will deliver the samples to the COUNTY contract laboratory (ENCO) Orlando office for analysis. Unless otherwise determined by the COUNTY, ENCO will perform the laboratory analysis under the COUNTY's contract. CONSULTANT will assist the COUNTY in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports. CONSULTANT will prepare a semi-annual report for each of the two monitoring events that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by the COUNTY to analyze samples. Services included in preparing the semi-annual reports entail: ■ Review of laboratory results with respect to FDEP groundwater quality criteria and historical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially result in enforcement action, CONSULTANT will notify the COUNTY prior to preparing the report and request confirmatory samples, if needed. ■ Preparation of semi-annual monitoring reports for the January and July monitoring events. The reports will include brief discussions of the results, water level contour maps, and copies of the analytical reports. A draft report will be submitted for review, if requested. ■ CONSULTANT will provide the final report in portable document file (PDF) format and analytical data in ADaPT format for submittal to FDEP in accordance with Paragraph V.7 of the WQMP. Copies of analytical reports for the four new wells will be reviewed and provided to the COUNTY to be included in well completion reports that will be prepared by others. TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING Title V Permit No. 0610015 -004 -AV, which is the current permit as of the date of this work order, contains monitoring and reporting requirements related to the landfill gas collection and control system. CONSULTANT will assist COUNTY, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. A-3 gtwe.aoc: 248 Statement of Compliance CONSULTANT will prepare and submit the annual Statement of Compliance for the COUNTY Landfill. This document must be submitted to FDEP within 60 days after the end of the calendar year, as required by Rule 62-213.440(3)(a)(2), F.A.C. Electronic Annual Operating Report (EAOR) CONSULTANT will prepare and submit the EAOR for the COUNTY Landfill. This report must be submitted to FDEP on or before April 1 of each calendar year, as required by Rule 62-210.370(3), F.A.C. CONSULTANT will estimate the annual emission rates of non -methane organic compounds and volatile organic compounds from the landfill gas to determine the COUNTY's status with regard to operation and reporting requirements of the active landfill gas collection and control system under the New Source Performance Standards requirements. Annual Emissions Fee The EAOR application used for reporting to FDEP will automatically calculate the annual emission fee for the facility. CONSULTANT will notify COUNTY of the fee amount. Once the check is in -hand, CONSULTANT will submit the fee on COUNTY's behalf prior to the April 1 deadline. Visible Emissions Testing CONSULTANT will contract with a certified observer to perform the annual visible emissions test in order to determine the opacity of the flare. CONSULTANT will provide oversight of the annbal visible emission testing of the flare, notify FDEP of the time and location of the test, and prepare and submit to FDEP a report of the test results. TASK 4.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE REPORTING CONSULTANT will provide general technical and permit compliance assistance to COUNTY staff on an as needed basis. COUNTY staff is performing a number of the tasks required annually by the current FDEP landfill permits. CONSULTANT will provide support as needed for the COUNTY staff as they perform these tasks. General technical and permit compliance assistance tasks may include: ■ Reporting required by the Multi -Sector Generic Permit for stormwater discharge; ■ Quarterly monitoring and reporting of the landfill gas monitoring wells located at the COUNTY Landfill site boundary, as well as enclosed structures located on site; ■ Preparing agenda items for and attending Board of County Commissioners meetings; ■ Developing annual COUNTY budgets; ■ Miscellaneous permit renewals or technical support; ■ Sampling and reporting for additional monitor wells, surface water, leachate, etc.; and ■ Assistance in developing a WQMP for the C&D debris landfill. ASSUMPTIONS ■ This Scope of Services and cost proposal is based on solid waste operations Permit Nos. SC31-0128769-022SC and S031-0128769-023SO and the groundwater monitor wells and surface water monitor sites that are included in the WQMP for the Class I landfill and the MPIS for the C&D debris landfill. A-4 lit79aao" 249 ■ Sampling of new wells other than the four wells that will be installed within 90 days of the issuance of the new permit or replacement groundwater monitor wells are not included in this Work Order. ■ Laboratory analysis is not included in this Scope of Services. ■ The former evaluation monitoring sites are not included in this Work Order. ■ This Scope of Services and cost proposal is based on the Title V Permit No. 0610015 -004 -AV, which is the current permit as of the date of this work order. ■ Tasks 1 through 2 do not include meetings with the Florida Department of Environmental Protection. ■ The semi-annual data for the Class I landfill and C&D debris landfill will submitted as a combined single report. ■ Well completion reports for the four wells that will be installed within 90 days of issuance of the permit will be prepared and submitted to FDEP by others and are not included in this Work Order DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY ■ Existing data available on construction of the existing groundwater monitor wells ■ Available site surveys ■ Available record information ■ Laboratory analytical reports and direct access to laboratory personnel ■ COUNTY contract laboratory will provide copies of analytical reports in electronic format (ADaPT) and in PDF format ■ Access to sampling site ■ Annual operations data needed for emissions estimating including, but not limited to, tonnages of waste accepted, quantity of landfill gas collected, and hours of emergency engine operation ■ Annual emissions fee PAYMENT AND COMPENSATION Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The annual lump sum fee for Tasks 1.0 through 4.0, inclusive, is $93,090 as shown in Exhibits B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task. For invoice purposes only, the value of each task is as shown in the Table 1. Table 1 A-5 jj 1798.dom 250 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1 Project Quality Management $20,620 2 Semi -Annual Water Quality Sampling and Reporting $41,070 3 Title V Permit Compliance and Reporting $16,310 4 General Technical and Miscellaneous Permit Compliance Reporting $15,090 TOTAL WORK ORDER NO. 6 - LUMP SUM $93,090 A-5 jj 1798.dom 250 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 1.0 - Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 4 $210 $840 Associate 4 $200 $800 Principal 12 $195 $2,340 Senior Professional 50 $165 $8,250 Professional 11 30 $130 $3,900 Professional 24 $110 $2,640 Project Administration 10 $85 850 Total Hours 134 Total Salary Cost $19,620 Other Direct Costs $1,000 TOTAL LUMP SUM FEE 20 620 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $20,620. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-1 11179e.ao« 251 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 2.0 -Semi-Annual Water Quality Sampling and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $210 $420 Associate 8 $200 $1,600 Principal 24 $195 $4,680 Senior Professional 70 $165 $11,550 Professional 11 48 $130 $6,240 Professional 22 $110 $2,420 Senior Support 6 $120 $720 Staff Support 12 $85 $1,020 Project Administration 16 $85 Total Hours 208 .$1,360 Total Salary Cost $30,010 Other Direct Costs $1,900 Outside Professional Services (Ideal Tech Services, Inc.) $9,160 TOTAL LUMP SUM FEE $41,070 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee of $41.070. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. . B-2 pii984o� 252 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 3.0 - Title V Permit Compliance and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Category Hours Rate Total Officer 2 $210 $420 Associate 2 $200 $400 Principal 8 $195 $1,560 Senior Professional 22 $165 $3,630 Professional 11 48 $130 $6,240 Professional 8 $110 $880 Senior Support 2 $120 $240 Staff Support 6 $85 $510 Project Administration 8 $85 680 Total Hours 106 Total Salary Cost $14,560 Other Direct Costs $750 Outside Professionals (TRC Environmental) $1,000 TOTAL LUMP SUM FEE $16,310 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $16.310. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-3 inti§e.ao« 253 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 4.0 - General Technical and Miscellaneous Permit Compliance Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Catejzory Hours Rate Total Officer 10 $210 $2,100 Associate 4 $200 $800 Principal 24 $195 $4,680 Senior Professional 20 $165 $3,300 Professional 11 10 $130 $1,300 Professional 12 $110 $1,320 Senior Support 2 $120 $240 Staff Support 4 $85 $340 Project Administration 6 $85 510 Total Hours 92 Total Salary Cost $14,590 Other Direct Costs 500 TOTAL LUMP SUM FEE $15,090 For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum of $15,090. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-4 Jjina.aocx 254 EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2016 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 6 The following project schedule has been developed based on receiving authorization on or before January 19, 2016. Task Completion Date Task 1: January 1, 2016 through December 31, 2016 Task 2: Sampling events: January 2016 and July 2016: report submittals April 2016 and October 2016 (Includes sampling events, review and validation of results, and completion/submittal of reports within 60 days of receipt of laboratory analysis) Task 3: Statement of Compliance March 1, 2016 Electronic Annual Operating Report April 1, 2016 Annual Emissions Fee April 1, 2016 Visible Emissions Test May 1, 2016 Task 4: January 1, 2016 through December 31, 2016 C- 1 jj 1798.docx 255