HomeMy WebLinkAbout02/02/2016 (3)71
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, FEBRUARY 2, 2016 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
180127 1h 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 Jeffrey R. Smith, Clerk of the Court and
Comptroller
3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney
4. - ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A.Presentation of Proclamation Designating the Week of February 8 — 13,
20162 as "2-1-1 Awareness Week" 1
- -----------------------------------------------------------------------------------------------------------------
February 2, 2016 Page I of 7
6. APPROVAL OF MINUTES PAGE
A. Regular Meeting of January 12, 2016
B. Regular Meeting of January 19, 2016
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Public Service Commission Order No. PSC -16 -0040 -TRF -EI
Approving Revisions to Tariffs for Duke Energy Florida, Inc., has been
received and is available for -review -in- the Office of the Clerk to -the -Board ---
B. The Sebastian Inlet District Commission's 2015-2016 Meeting Schedule is
on file in the Office of the Clerk to the Board ---
--------------------------------------------------------------------------------------------------------------------
C. 2016 Election of Economic Development Council Chairman and Vice
Chairman
__(memorandum_dated January_26, 2016) 2-
D. 2016 Election of Short Term Vacation Rentals Advisory Committee
Chairman and Vice Chairman
__(memorandum dated January- 19z 2016)_____________________________________________________________-3-
E. Guest Commentary Highlighting County's Efforts for Lagoon Protection
__(memorandum dated January 25, 2016)_ 4-6
............................................. ---
F. County Attorney Dylan Reingold's Review of Indian River County
Proclamation Policy as it relates to a recent request for a Proclamation
__(e _mail dated-January22, 2016)7
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G. Update on All Aboard Florida / Vero Electric Expenses
__(memorandum dated January 26, 2016)8-12
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H. Retirement Award and Proclamation Honoring Louise Gates on Her
Retirement from Indian River County Board of County Commissioners
Public Works Department / Real Estate Acquisition with Ten Years of
Service 13-14
--------------------------------------------------------------------------------------------------------------------
S. CONSENT AGENDA
A. Approval of Checks and Electronic Payments January 8, 2016 to January 14,
2016
_(memorandum dated January- 14Z 2016) --------------------------------------------------------- 15---22-
February 2, 2016 Page 2 of 7
8. CONSENT AGENDA PAGE
B. Approval of Checks and Electronic Payments January 15, 2016 to January
21, 2016
__(memorandum dated January_21; 2016) 23-30
C. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund Report Cumulative Reporting Through
12/31/15
__(memorandum dated January 12, 2016)31-32
--------------------------- ---------------------------- ------
D. Perez v. Stericycle Settlement
__(memorandum dated January -18, 2016) 33-36
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E. Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2015
__(memorandum dated Januarx_222 2016) 37-38
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F. Third Version of Corrected First Amendment to Lease Agreement with
AT&T Mobility for Colocation on 1340 Old Dixie Highway Tower
__(memorandum dated January 27, 2016)39-44
---------------------------------------------------------------
G. Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife
Conservation Commission for the Indian River County Public Shooting
Range
__(memorandum dated January -212 2016)45-82
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H. Miscellaneous Budget Amendment 012
__(memorandum dated January -2-5,2016) -------------------------- 83-88
--------------------------------------
I. Full Gospel Assembly Inc. of Vero Beach's Request for Release of
Easements at 1305 Old Dixie Highway SW (Dixie Heights Subdivision Unit
3)
__(memorandum dated January -2-5,2016) --------------------------___________________ 89-95
J. Traffic Video Detection at Beachland/SRAIA and SR60/271h Avenue:
Board Approval for Trade-in and Purchase of Two (2) Video Detection
Cameras
memorandum dated January 14, 2016) 96-98
---------------------------- - - ---............................................. --------------------
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
February 2, 2016 Page 3 of 7
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Jason Redmon, Indian River Sports
Complex, Regarding Follow-up on Conversation on 16`h Avenue
SportsComplex----------------------------------------------------------------------------- 99
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
February 2, 2016
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
a. Rental Agreement Proposal for Hobart Baseball
Fields
(memorandum dated January 10, 2016) 100-109
----------------------------------
Page 4 of 7
i • l.. V V l\ 1 l A It 1 V A %l \ L' 1 111 A 1 1 L l\J
A. Purchase of Five Lots Located at 58`h Avenue North of 57`h Street Owned
by Bent Pine Golf Club, Inc.
_(memorandum dated January_22, 2016) 110-118
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B. All Aboard Florida St. Johns River Water Management District Permit
Outside Counsel
_(memorandum dated January_202 2016)----------------------------------------------------- 119-124
-----------
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
1. County Administrator's Contract
__(memorandum_dated January_27, 2016)_____________________ __________________ 125-132
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
1. Kayak/Canoe Launch at CR512
__(memorandum_dated January_25, 2016) _____________ __ ____________________ 133-135
2. Lagoon Frontage of the 47 Acre Torwest Tract on Jungle Trail
__(memorandum dated January_25, 2016)_________________________________________ 136-141__
D. Commissioner Peter D. O'Bryan
None
February 2, 2016 Page 5 of 7
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircizov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission 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 5:00 p.m.
February 2, 2016 Page 7 of 7
PROCLAMATION SA_
DESIGNATING THE WEEK OF FEBRUARY 8-13, 2016, AS
"2-1-1 AWARENESS WEEK"
WHEREAS, many times when individuals and families need help in meeting life's basic needs or are
experiencing times of crisis and are not sure where to turn; and
WHEREAS, 2-1-1 is an easy to remember, easy to use three -digit number recognized as the central
linkage point in providing individuals and families with the guidance, support and information they need to
solve their problems; and with the crisis intervention and suicide prevention they seek to keep them safe; and
WHEREAS, Indian River County is fortunate to have 2-1-1 HelpLine, a service that is available any time
of day or night that enables individuals and families to get the help they need...
As was the case when the caring staff at 2-1-1 were sensitive to a woman who had concerns
for her elder brother. He suffered numerous strokes and falls while living with his frail wife who
could no longer care for his needs. 2-1-1 staff was able to get him to into a safer living
environment and find resources for his wife as well; and so many other real life stories...; and
WHEREAS, 2-1-1's specialized advocacy and support services also include the Help Me Grow initiative
which helps link vulnerable families to crucial services while 2-1-1's life-saving "Sunshine" daily phone calls
continue to positively impact the lives of local housebound and/or isolated seniors—all at no cost to those
participating; and
WHEREAS, 2-1-1 HelpLine service is free, confidential, available 24/7, with highly trained staff who
assisted thousands of individuals in need of crisis intervention, assessment and referrals to community
services. The staff at 2-1-1 will continue to provide that warm voice at the other end of the line, the caring
assistance to the people of our community... and "Hope when you need it most!"
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER. COUNTY, FLORIDA that the week of February 8-13, 2016, be designated as 2-1-1
Awareness Week in Indian River County. The Board urges all citizens to be aware of the only telephone
number they need to know to access information and referral to the programs and services in our community
that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental
Health Counseling, Support Groups, Financial Assistance, etc.
Adopted this 2nd day of February, 2016. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER(�COO�U,NTTY, FLORIDA
Bob Aolari, Chairman
Y J e�h E Flescher, Vice Chairman
' :' ,►►►---,��� rpt (, � �.-� ��- �/
Peter D.
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INFORMATIONAL ITEMS
February 2, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
To: Members of the Board of County Commissioners
Date: January 26, 2016
Subject: 2016 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL
CHAIRMAN AND VICE CHAIRMAN
From: Tina Cournoyer
Commissioner Assistant
At its January 19, 2016 meeting, the Economic Development Council members
voted to elect Peter Robinson as Chairman, and Joe Idlette as Vice Chairman of
the EDC for the year 2016.
No Board action is required.
2
�D
INFORMATIONAL ITEMS
February 2, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
To: Members of the Board of County Commissioners
Date: January 19, 2016
Subject: 2016 ELECTION OF SHORT TERM VACATION RENTALS ADVISORY
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
From: Misty L. Pursel
Commissioner Assistant, District 1
At the January 14, 2016 Short Term Vacation Rental Advisory Committee
(STVRAC) meeting, the members voted to re-elect Glenn Powell as Chairman,
and Joseph Paladin as Vice Chairman of the STVRAC for the year 2016.
No Board action is required.
3
February 1, 2016
ITEM 7E_
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: January 25, 2016
SUBJECT: Guest Commentary Highlighting County's Efforts for Lagoon Protection
FROM: Peter O'Bryan
Commissioner, District 4
Two (2) pages attached.
F1
N
Peter O'Bryan: Make no mistake — Indian River County is working to protect lagoon Paget of 3
VJJ0UR_!W-%L
INTERACTIVE krQ PRINTTHI5
GUEST COLUTA N
Peter a'Brgan: Make. no mistake — .Indian. River -Count, is
working to protect-b000n
Jon. 14, 2016
Lately there have been several news articles regarding Indian River County's lack
of participation in the Indian River Lagoon Council, and how this somehow
implies that the county is not taking action to improve the lagoon or that the
county's efforts are ineffective.
These articles neglect to inform the readers about the nutrient -removal projects the
county already has built and that have been actively removing nutrients and debris
from canal water before it reaches the lagoon.
Indian River County began designing the first of these projects back in 2005,
making the county a leader in taking concrete steps to reduce nutrients heading
into the lagoon, with documented results. Since 2005, the county has spent over
$29 million on four major, state-of-the-art regional projects to help the lagoon,
using a mixture of local -option sales tax, utilities funds and grant funding. These
four projects — Spoonbill Marsh, Egret Marsh, PC Main Skimmer and Osprey
Marsh — have collectively removed more than 128,000 pounds of nitrogen and
more than 29,000 pounds of phosphorous, preventing these damaging excess
nutrients from reaching the lagoon. These numbers could hardly be called
ineffective.
County staff has received several awards from the Pelican Island Audubon Society
as results of our efforts to reduce pollution to the lagoon. Among them are two
Maggie Bowman Conservationist of the Year Awards and a Special Recognition
Award.
Our PC Main Skimmer project on the Main Relief Canal, in addition to removing
nutrients, also has removed more than 2,800 wet tons of floating trash and debris
5
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Peter O'Bryan: Make no mistake — Indian liver County is working to protect lagoon Page 2 of 3
such as lumber, vegetation, tires, plastic and Styrofoam containers. To put that in
perspective, .if you convert the weight of the debris removed to elephants, it equals
approximately 471 adult male African savanna elephants!
Finally, the PC Main Skimmer also has removed more than 4,600 cubic yards of
muck -creating sediment from the Main Canal since it started operating. The PC
Main Skimmer won the prestigious Indian River Lagoon Project of the Year
Award from the Marine Resource Council. It later won the 2008 Friends of the St.
Sebastian River Environmental Enhancement Award.
Indian River County also spent $28,500 of utilities funding to build a vertically
designed oyster reef that has been extremely successful in not only providing a
substrate for oyster recruitment and their water filtering benefits, but habitat for
dozens of other lagoon species. The county has also received $50,000 in grant
funding for additional oyster reefs.
The county was among the first local governments on the Treasure Coast to enact
a very strict fertilizer ordinance, including a summer ban on lawn fertilizing: Even
more importantly, the county is the only local government to hire a full-time
stormwater education and fertilizer coordinator to increase public awareness and
improve compliance with the fertilizer ordinance. In addition to enforcing the
fertilizer ordinance within the county, the fertilizer coordinator also enforces
within the city of Vero Beach and the town of Indian River Shores, via interlocal
agreements.
Regardless of its decision not to participate in the Indian River Lagoon Council,
the county is still moving forward. On Dec. 1, the Board of County
Commissioners unanimously approved a 5 -year capital expenditures plan that
includes nearly $8 million for additional stormwater projects.
Please rest assured the Board of County Commissioners is committed to building
projects that will help the lagoon, and we will continue to be leaders in lagoon
protection.
Peter O'Bryan is a member of the Indian River County Commission.
6
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From: Dylan Reingold
Sent: Friday, January 22, 2016 1:35 PM
To: Joe Baird
Cc: Dori Roy
Subject: Historic Society of Gifford
Joe,
It is my understanding that recently a request had been submitted to have the Board of County Commissioners issue
two proclamations concerning the Historic Society of Gifford, Florida. It is my understanding that you, Dori and Dori's
staff, despite many years of service for Indian River County, were unfamiliar with this particular organization. Thus, Dori
searched online with the Department of State records and was unable to find any information about this
organization. Additionally, Dori and her staff reached out to several Gifford Community leaders and the Indian River
County Historical Society to see if they could provide any additional information concerning this organization. It is my
understanding that the Gifford Community leaders that were contacted and the Indian River County Historical Society
were unaware of this organization. You then reached out to the requestor seeking additional information, such as
documentation of the organization. It is my understanding that that you have still not received the information.
I do not see the County's actions as inconsistent with the Indian River County Proclamation Policy. In fact the actions
were quite reasonable considering the above-described circumstances. In no way has the County prohibited this
organization from receiving a proclamation. Simply, you, Dori and Dori's staff wanted to make sure that if the Board
were to issue a proclamation on behalf of and for an organization, that the County performed the proper due diligence.
Dylan
7
-76 -
INFORMATIONAL
INDIAN RIVER COUNTY
INTER -OFFICE MEMORANDUM
OFFICE OF MANAGEMENT AND BUDGET
TO: Members of the Board of County Commissioners
DATE: January 26, 2016
FROM: Jason E. Brown
Director, Office of Manage ent Budget
SUBJECT: UPDATE ON ALL ABOARD FLNERO ELECTRIC EXPENSES
DESCRIPTION
Staff is providing an update to the Board of County Commissioners on actual expenses for All
Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses
incurred as of 1/26/16.
ATTACHED:
• All Aboard Fl. expenses thru 1/26/2016 spreadsheet.
• Vero Beach Electric/FPL/FMPA expenses 1/26/2016 spreadsheet.
APPF-QVED AGENDA ITEM:
Lot",
Jos4 A. Baird
County Administrator
FOR: February 2, 2016
Indian River County ed Date
Administrator I I
Legal
Budget
De artment
Risk Management
8
All Aboard Florida Expenses
Indian River County
3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authoritations
Aecti100110214-033110-15023 legal Services
Dau Vendor
1/20/2016 Bryan Cave LLP
1/20/2016 Bryan Cave LLP
12/8/2015 Bryan Cave LLP
12/8/2015 Bryan Cave LLP
Amount note
$50,663.10 Fees for Legals Service -Nov 2015 private activity bonds
$20,948.09 Fees for Legal Services Nov 2015
$27,303.95 Fees for Legal Services Oct 2015
$1.245.06 Fees for Legal Services -Oct 2015 private activity bonds
9/30/2015 Bryan Cave LLP
$54,812.80 Fees for Legal Services Sept 2015
9/30/2015 Bryan Cave LLP
$7,113.36 Fees for Legal Services -Sept 2015 private activity bonds
9/30/2015 Bryan Cave LLP
$81,436.99 Fees for Legal Services -Aug 2015
9/30/2015 Bryan Cave LLP
$S5,3S4.02 Fees for Legal Services -Aug 2015 private activity bonds
9/28/201S Bryan Cave LLP
$51,636.09 Fees for Legal Services -July 2015 private activity bonds
8/28/2015 Bryan Cave LLP
$6,307.05 Fees for Legal Services -July 2015
8/12/2015 Bryan Cave LLP
$50,710.86 Fees for Legal Services -lune 2015 private activity bonds
8/12/2015 Bryan Cave LLP
$37,687.25 Fees for Legal Services -lune 7015
7/1/2015 Bryan Cave LLP
$178,503.50 Fees for Legal Services -May 201S private activity bonds
7/1/2015 Bryan Cave LLP
$37,048.25 Fees for Legal Services -May 2015
7/2/2015 Bryan Cave LLP
$177,071.70 Fees for Legal Services -April 2015
7/1/2015 Bryan Cave UP
$28,871.78 Fees for Legal Services -April 2015 private activity bonds
6/18/2025 Nabors Giblin & Nickerson PA
($250.00) Martin county paid 1/2
5/20/2015 Nabors Giblin & Nickerson PA
$500.00 Fees for Legal Servlces
05/12/15 Bryan Cave LLP
$28,877.05 Fees for Legal Services
05/12/15 Bryan Cave LLP
$145,105.00 Fees for Legal Services
D4/20/15 Bryan Cave LLP
$4,10750 Fees for Legal Services
3/24/15 Nabors Giblin & Nickerson PA'
$617.49 IRC 1/3 Portion of Legal Fees
2/24/15 Nabors Giblin & Nickerson PA*
$5,593.56 IRC 1/3 Portion of Legal Fees
12/22/14 Bryan Cave LLP
$33,252.60 Fees for Legal Services
12/10/14 Bryan Cave LLP
$79,962.30 Fees for Legal Services
Subtotal Expenses FY 14115
$1,064,319.15
9/30/14 Bryan Cave LLP
$26,975.60 Fees for LegaIServices
9/30/14 Bryan Cave LLP
$638.70 Fees for Legal Services
9/17/14 Bryan Cave LLP
$937.50 Fees for Legal Services
Subtotal Expenses FY 13/14
$28,551.80
'Split between St.Lucie, Indian River, and Martin Counties
Acct#00110214-033190-15023
Other Professional Services
9/30/2015 Dyland Retngold-relumburse for case thing
$412.00 Case filing
9/16/2015 Federal Express
$3.92 Shipping
8/25/2015 Railroad Consultant Group
$36,053.97 Rail Safety Study
8/25/2015 Railroad Consultant Group
$435.00 Rail Safety Study
7/14/2015 Federal Express
$6.31 Shipping
7/2/2015 William M Sampson
$6,875.00 Rail Crossing Analysis
6/16/2015 federal Express
$7.84 Shipping
6/10/2015 Dylan Reingoldtravel to Wash DC
$446.11 Preliminary Hearing
5/12/2015 Treasury of the United States
$570.00 Public Records
Subtotal Expenses FY 14/15
$44,810.15
Acctfr00110214-034020-15023
All Travel
1/6/2016 MHG Tallahasse AL P
$149.00 Dylan Reingold
12/16/2015 KlmberetyGraham
$901.76 Fed Railway Assoc. Mtg-Washington OC
12/2/2015 Kate Cotner -FAC legislative Conference
$19.44
Subtotal Expenses FY 15/16
$1,070.20
9/8/2015 Doubletree Orlando
$271.36 Orlando -Travel -Fl. Dev. Finance Corp
8/26/2015 Dylan Reingold
$75.26
8/26/2015 Kate Cotner
-$5.36 Orlando -Tavel -Fl Dev. Finance Corp
Subtotal Expenses FY 14/15
$341.26
Acctp11124319-033190
Other Professional Services
7/02/15 CDM Smith Inc
$23,454.00 Work Order 10 EIS
1/02/15 CDM Smith Inc
S6,973.40 Work Order 13 Noise Monitoring
1/02/15 CDM Smith Inc
$2,122.50 Work Order 10 EIS
11/26/14 CDM Smith Inc
$5,605.00 Work Order 10 EIS
11/21/14 CDM Smith Inc
$6,585.80 Work Order 13 Noise Monitoring
Subtotal Expenses FY 14/15
$44,740.70
9/30/14 CDM Smith Inc
$1,937.00 Work Order 13 Noise Monitoring
9/30/14 CDM Smith Inc
$8,077.00 Work Order 10 EIS
8/29/14 CDM Smith Inc
$4,135.00 Work Order 10 EIS
8/08/14 CDM Smith Inc
$3,125.00 Work Order 10 EIS
Subtotal ses FY 13/14
$17,274.00
Total expenses processed as of 1/26/16 $1,301,267.46
F•\Budget\All Aboard FL Expenses
4
All Aboard Florida Expenses
Indian River County
Total Board authorized budget for FY 15/16 $1,100,000.40
Total Board authorized budget for FY 14/15 $1,287,985.00
Total Board authorized budget for FY 13/14 $168,740.00
Total Budgeted 13/14-15/16 $2,556,725.00
Remaining Balance $1,255,457.54
P\Sudget\A11 Aboard FL Expenses 10
Indian River County
Vero Beach Electric/Florida Power & Ught/FMPA expenses
Acct# 00410214-033110-15024
Legal Services
1/20/2016 Berger Singerman $11,722.50
12/22/2015 Berger Singerman $15,090.00
12/8/2015 King Reporting & Video $457.75
11/17/2015 Berger Singerman $2,172.50
Subtotal Expenses FY 15/16 $29,442.75
9/30/2015 Berger Singerman $5,462.50
9/21/2015 Berger Singerman $25,370.00
8/18/2015 Berger Singerman $10,150.00
7/22/2015 Berger Singerman $7,855.00
7/1/2015 Berger Singerman $29,622.50
6/3/2015
Nabors Giblin & Nickerson
$312.50
5/20/2015
Carolos Alvarez,Esq
$1,878.10
4/20/2015
Gonzalez Saggio & Harlan
$10,582.50
4/2/2015
Gonzalez Saggio & Harlan
$26,713.48
3/23/2015
Gonzalez Saggio & Harlan
$10,312.50
3/23/2015
Nabors Giblin & Nickerson
$4,161.72
2/2/2015
Gonzalez Saggio & Harlan
$22,882.98
1/16/2015
Gonzalez Sagglo & Harlan
$16,610.00
12/3/2014
Gonzalez Saggio & Harlan
$8,824.24
$119.13
Subtotal Expenses FY 14/15
$180,738.02
9/30/2014
Gonzalez Saggio & Harlan
$7,821.90
9/30/2014
Gonzalez Saggio & Harlan
$30,144.31
8/15/2014
Gonzalez Saggio & Harlan
$12,292.50
7/22/2014
Gonzalez Saggio & Harlan
$8,415.00
Subtotal Expenses FY 13/14
$581673.71
Other Prof. Services /Legal Advertising
1/20/2016 RW Wilson & Assoc
$4,090.00
1/8/2016 RW Wilson & Assoc
$4,090.00
12/22/2015 RW Wilson & Assoc
$4,090.00
Subtotal Expenses FY 15/16
$12,270.00
9/30/2015 RW Wilson & Assoc
$4,090.00
9/11/2015 RW Wilson & Assoc
$4,090.00
8/14/2015 RW Wilson & Assoc
$4,090.00
7/21/2015 Kate Cotner Reimbursement
$50.00
7/10/2015 RW Wilson & Assoc
$4,090.00
5/26/2015 RW Wilson & Assoc
$4,090.00
5/21/2015 Scripps Treasure Coast
$71.76
3/4/2015 RB Oppenheim Assoc
$4,625.00
2/13/2015 FMPA-copy of audio
$119.13
1/16/2015 Scripps Treasure Coast
$70.98
11/19/2014 Scripps Treasure Coast
$63.96
Subtotal Expenses FY 14/15
$25,450.83
9/30/2014 Scripps Treasure Coast
$87.36
9/10/2014 Scripps Treasure Coast
$88.92
SubtotaIExpenses FY 13/14
$176.28
Travel
1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee
$372.39
1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee
$149.00
10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee
$437.53
Subtotal Expenses FY.15/16
$958.92
8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee
$75.26
8/26/2015 Kate Cotner-FMPA mtg/Tallahassee
$36.00
Subtotal Expenses FY 14/15
77 $111.26
Total expenses proceseed as of 1/26/16
$307.821.77
F:\Budget\FP&L-Vero Beach-FMPA expenses 11
Indian River County
Vero Beach Electric/Florida Power & Llght/FMPA expenses
Date Budget
10/1/2015 FY 15/16 Budget $50,000.00
9/15/2015 Legal Services $60,000.00
3/18/2015 Legal Services $130,000.00
5/5/2014 Legal Services $100,000.00
Total Board Authorized Budget $340,000.00
Remaining Balance $32,178.23
F:\Budget\FP&L-Vero Beach-FMPA expenses 12
This is to certify that
Louise dates
is here 6y presented this
fttirement.Award
for outstanding Performance and
faithfidsen*e to
Indian Vver County
hoard of County Commissioners
Far ten years of service
On this 28th day of January 2016
Christopher g wom SFE
Director offc6fic Wor6
7F
Bo6 Solari
Boardof County Commissioner•, Chairman
PROCLAMATION
HONORING LOUISE GATES ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
PUBLIC WORKS DEPARTMENTIREAL ESTATE ACQUISITION
WHEREAS, Louise Gates retired from Indian River County Real Estate Acquisition
effective January 28, 2016; and
WHEREAS, Louise Gates began her career with Indian River County as a Land
Acquisition Specialist on January 13, 2006, and successfully continued in that capacity
until her retirement. Size has been a key member of the County right-of-way
acquisition team and has been instrumental in the acquisition of numerous properties
necessary for roadway expansion projects; and
WHEREAS, Louise Gates 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 Louise Gates' 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 2nd day of February 2016.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
o �
* - * Bob Solari, Chairman
L
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801271 Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: January 14, 2016
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
January 8, 2016 to January 14, 2016
G Mpr"R:
�LCk•[ n liti�. ,
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 January 8, 2016 to January 14, 2016.
Attachment:
1.5
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
334887
01/1412016
UTIL REFUNDS
86.22
334888
01/14/2016
UTIL REFUNDS
1_.983.84
334889
01/14/2016
UTIL REFUNDS
45.35
334890
01/14/2016
UTIL REFUNDS
47.14
334891
01/14/2016
UTIL REFUNDS
81.82
334892
01/14/2016
UTIL REFUNDS
44.46
334893
01/14/2016
UTIL REFUNDS
65.32
334894
01/14/2016
UTIL REFUNDS
70.60
334895
01/14/2016
UTIL REFUNDS
79.11
334896
01/14/2016
UTIL REFUNDS
25.29
334897
01/14/2016
UTIL REFUNDS
318.38
334898
01/14/2016
UTILR.EFUNDS
13576
334899
01/W2016
UTIL REFUNDS
61.70
334900
01/14/2016
UTIL REFUNDS
33.96
334901
01/14/2016
UTIL REFUNDS
11.53
334902
01/14/2016
UTTL REFUNDS
39.77
334903
01/14/2016
UTII, REFUNDS
18.83
334904
01/14/2016
UTIL REFUNDS
67.07
334905
01/14/2016
UTIL REFUNDS
30.89
334906
01/14/2016
UTIL REFUNDS
20.14
334907
01/14/2016
UTEL REFUNDS
38.70
334908
01/14/2016
UTIL REFUNDS
12.96
334909
01/14/2016
UTIL REFUNDS
16.12
334910
01/14/2016
UTIL REFUNDS
120.92
334911
01/14/2016
UTIL REFUNDS
4005
334912
01/14/2016
UTIL REFUNDS
95.03
334913
01/14/2016
UTIL REFUNDS
28.70
3:4914
01/14.2016
UTIL REFUNDS
29.90
334915
01/14/2016
UTIL REFUNDS
24.33
334916
01/14/2016
UT.TL REFUNDS
222.29
334917
01/14/2016
UTIL REFUNDS
10.78
334918
01/14/2016
UTIL REFUNDS
69.02
334919
01/14/2016
UTIL REFUNDS
87.16
;34920
01/14/2016
UTIL REFUNDS
36.21
334921
01/14/2016
UTIL REFUNDS
71.37
334922
01/14/2016
UTIL REFUNDS
81.48
334923
01/14/2016
UTIL REFUNDS
72.03
334924
01/14/3016
UTIL REFUNDS
72.96
334925
01!14/2016
UTIL, REFUNDS
35 06
334926
01/14/2016
UTIL REFUNDS
93.97
334927
01/14/2016
UTIL REFUNDS
131.55
334928
01/14/2016
UTIL REFUNDS
81.82
334929
01/14/2016
UTIL REFUNDS
60.64
334930
01'14/2016
UTIL REFUNDS
15 12
334931
01/14/2016
UTIL REFUNDS
51.02
334932
01/14/2016
UTIL REFUNDS
14.58
334933
01/14/2016
UTIL REFUNDS
30.66
334934
01/14/2016
UTIL REFUNDS
43.85
334935
01/14/2016
UTIL REFUNDS
42.88
334936
01/14,2016
UTIL REFUNDS
64.28
334937
01/14/2016
UTIL REFUNDS
58.91
334938
01/14/2016
UTIL REFUNDS
478.99
334939
01/14/2016
UTIL REFUNDS
44.79
334940
01/14,'2016
UTIL REFUNDS
88.81
334941
01/14/2016
UTILREFUNDS
6161
334942
01/14/2016
UTIL REFUNDS
12.04
334943
01/14/2016
UTIL REFUNDS
64.44
334944
01/14/2016
UTIL REFUNDS
66.48
16
TRANS NBR
DATE
VENDOR
AMOUNT
334945
01/14/2016
UTIL REFUNDS
48.41
334946
01/14/2016
UTIL REFUNDS
82.28
334947
01/14/2016
UTIL REFUNDS
286.45
334948
01/24/2016
UTIL REFUNDS
87.80
334949
01/14/2016
UTIL REFUNDS
70.75
334950
01/14/2016
UTIL REFUNDS
35.78
334951
01/14/2016
UTIL REFUNDS
20.02
334952
01/14/2016
UTIL REFUNDS
10.86
334953
01/14/2016
UTIL REFUNDS
77.80
334954
01/14/2016
UTIL REFUNDS
34.23
334955
01/14/2016
UTIL REFUNDS
22.67
334956
01/14/2016
UTIL REFUNDS
74.70
334957
01/14/2016
UTIL REFUNDS
80.69
334958
01/14/2016
UTIL REFUNDS
20.16
334959
01!14/2016
UTIL REFUNDS
75.75
334960
01/14/2016
UTIL REFUNDS
30.16
334961
01/14/2016
UTIL REFUNDS
175.29
334962
01/14/2016
UTIL REFUNDS
35.62
334963
011'14/2016
UTIL REFUNDS
21.14
334964
01/14/2016
UTIL REFUNDS
154.20
334965
01/14/2016
UTIL REFUNDS
44.80
334966
02/14/2016
UTIL REFUNDS
3 8.2 7
334967
01/14/2016
UTIL REFUNDS
15.34
334968
01/14/2016
UTIL REFUNDS
51.90
334969
01/1412016
UTIL REFUNDS
125.00
334970
01/14/2016
UTIL REFUNDS
48.51
334971
01/14/2016
UTIL REFUNDS
42.39
334972
01/14!2016
UTIL REFUNDS
80.69
334973
01/14/2016
UTIL REFUNDS
18.02
334974
01/14/2016
UTIL REFUNDS
36.70
334975
01/14/2016
UTIL REFUNDS
47.30
334976
01/140-016
CLEMENTS PEST CONTROL
125.00
334977
01/14/2016
JORDAN MOWER INC
153.04
334978
01/14/2016
COMMUNICATIONS INTERNATIONAL
25.300.21
334979
01/14/2016
TEN -8 FIRE EQUIPMENT INC
3,188.56
334980
01/14/2016
RANGER CONSTRUCTION IND .INC
219.10
334981
01/14/2016
VERO CHEMICAL DISTRIBUTORS INC
151.40
334982
01/14/2016
AT&T WIRELESS
606.22
334983
01/14.12016
AT&T WIRELESS
1,171.20
334984
01/14,'2016
DATA FLOW SYSTEMS INC
109.40
334985
01/14/2016
SEWELL HARDWARE CO INC
169.61
334986
01/14/2016
PARALEE COMPANY INC
500.00
334987
01/14/2016
E -Z BREW COFFEE & BOTTLE WATER SVC
133.37
334988
01/14/2016
KELLY TRACTOR CO
1,037 05
334989
01/14/2016
GENES AUTO GLASS INC
100.00
334990
01/14/2016
REPUBLIC SERVICES INC
2,306.57
334991
01/14/2016
MCMASTER CARR SUPPLY CO
226.87
334992
01/14!2016
AMERIGAS EAGLE PROPANE LP
1,051.18
334993
01/14/2016
AMERIGAS EAGLE PROPANE LP
1,084.87
334994
01/14/2016
A IERJGAS EAGLE PROPANE LP
1,358.33
334995
01/14/2016
AMERIGAS EAGLE PROPANE LP
2,081 89
334996
01/14!2016
GAYLORD BROTHERS INC
488.22
334997
01/14/2016
HACH CO
8,35499
334998
01/14/2016
SWE INC
325.00
334999
01/14/2016
NATIONAL FIRE PROTECTION ASSOC
1.30500
335000
01/14/2016
NATIONAL FIRE PROTECTION ASSOC
1,30500
335001
01/14/2016
KSM ENGINEERING & TESTING INC
750.00
335002
01/14/2016
HD SUPPLY WATERWORKS, LTD
4,98840
335003
01!14/2016
VERO INDUSTRIAL SUPPLY INC
15.63
335004
01/14/2016
EXPRESS REEL GRINDING INC
1,000.00
17
TRANS NBR
DATE
VENDOR
AMOUNT
335005
01/14/2016
TIRESOLES OF BROWARD INC
1,579.10
335006
01/14/2016
BFS RETAIL OPERATIONS LLC
2,825.58
335007
01/14/2016
CALL ONE INC
22900
335008
01/14/2016
ADVANCED AIR ASSOCIATES INC
4,190.67
335009
01/14/2016
ARMFIELD WAGNER APPRAISAL AND RESEARCH INC
2,400.00
335010
01/14/2016
GOLF SPECIALTIES INC
1 250.00
335011
01/14/2016
GOODYEAR AUTO SERVICE CENTER
1,772.56
335012
01/14/2016
BLAKESLEE SERVICES INC
760.00
335013
01/14/2016
ASPHALT RECYCLING INC
33,897.20
335014
01/14/2016
BAKER & TAYLOR INC
2,539.30
335015
01/14/2016
BARNEYS PUMP INC
834.00
335016
01/14/2016
MIDWEST TAPE LLC
523.70
335017
01/14/2016
PRECISION CONTRACTING SERVICES INC
1,985.00
335018
01/14/2016
K & M ELECTRIC SUPPLY
431.14
335019
01/14/2016
SOFTWARE HARDWARE INTEGRATION
64,754.52
335020
01/14/2016
VERO BEACH EDGEWOOD PLACE LP
495.00
335021
01/14/2016
LINDSEY GARDENS LTD
415.00
335022
01/14/2016
BOYS & GIRLS CLUB OF INDIAN
28,97238
335023
01/14/2016
CLERK OF CIRCUIT COURT
142.56
335024
01/14/2016
CITY OF VERO BEACH
63,927.04
335025
01/14/2016
STEPHEN WOJTASZEK
72.66
335026
01/14!2016
HAPPY SOFTWARE INC
9,097.00
335027
01/14/2016
CHAPTER 13 TRUSTEE
368,38
335028
01/14/2016
COMPBENEFITS COMPANY
126.00
335029
01/14/2016
COLONIAL LIFE & ACCIDENT INS CO
77.22
335030
01/14/2016
UNITED PARCEL SERVICE INC
9.77
335031
01/14/2016
EBSCO INDUSTRIES INC
34.068.31
335032
01/14/2016
FLORIDA DEPARTMENT OF BUSINESS AND
500.00
335033
01/14/2016'
FLORIDA GOVERNMENT FINANCE
23.00
335034
01/14/2016
JANITORIAL DEPOT OF AMERICA INC
451.09
335035
01/14/2016
TREASURE COAST HOMELESS SERVICES
1.2,021.60
335036
01/14/2016
TREASURE -COAST HOMELESS SERVICES
3,817.50
335037
01/1412016
ATLANTIC COAST CONSTRUCTION & DEVELOPMENT
1,849.61
335038
01/1412016
PUBLD( SUPERMARKETS
19.90
335039
01/14/2016
PUBLIX SUPERMARKETS
69.95
335040
01/14/2016
PUBLIX SUPERMARKETS
90.00
335041
01/140-016
AAA COOPER TRANSPORTATION INC
209.99
335042
01114!2016
ACUSHNET COMPANY
2342.99
335043
01/14/2016
CULTURAL COUNCIL OF IRC
51253 13
335044
01/14/2016
AQUAGENIX
695.50
335045
01/14/2016
FLORIDA WATER & POLLUTION CONTROL
30.00
335046
01/14/2016
GEOSYNTEC CONSULTANTS INC
10,330.28
335047
01/14!2016
IRC CHAMBER OF COMMERCE
18,000.93
335048
01!14/2016
IRC CHAMBER OF COMMERCE
8,074.92
335049
01/14!2016
IRC CHAMBER OF COMMERCE
30,094.97
335050
01/14!2016
IRC CHAMBER OF COMMERCE
698.48
335051
01/14/2016
FEDERAL EXPRESS CORP
485
335052
01/14/2016
MUNICIPAL CODE CORPORATION
739.79
335053
01! 14!2016
TREASURE COAST COUNCIL OF LOCAL
20000
335054
01/14/2016
TIMOTHY ROSE CONTRACTING INC
519,097.07
335055
01/14/2016
VERO HERITAGE INC
2,923.44
335056
01,114/2016
FLORIDA POWER AND LIGHT
15,674 78
335057
01/14/2016
FLORIDA POWER AND LIGHT
1,79676
335058
01!14/2016
JAMES GRAY JR
375.00
335059
01/14/2016
PHILLIP I MATSON
71.02
335060
01/14/2016
CITY OF FELLSMERE
212.54
335061
01/14/2016
NEW HORIZONS OF THE TREASURE COAST
23,461.75
335062
01/14/2016
TOCOMA RUBBER STAMP & MARKING SYSTEM
764.25
335063
01/14,"2016
NEW YORK TIMES
92560
335064
01/14/2016
FLORIDA STATE GOLF ASSOCIATION
412.00
18
TRANS NBR
DATE
VENDOR
AMOUNT
335065
01/14!2016
CHANNING BETE CO INC
2,145.69
335066
01/14/2016
HENRY SMITH
144.00
335067
01/14/20)6
G K ENVIRONMENTAL INC
800.00
335068
01/14/2016
AIRGAS CARBONIC INC
2.881.54
335069
01/14/2016
IDEA GARDEN ADVERTISING
150.00
335070
01/14/2016
DONADIO AND ASSOCIATES ARCHITECTS
4.101.52
335071
03/14/2016
HAYTH,HAYTH & LANDAU
125.00
335072
01/14/2016
. SIIvIPLEXGRINNELL LP
83.45
335073
01/14/2016
CAROLINA SOFTWARE INC
500.00
335074
01/14/2016
THEAVANT1 COMPANY INC
3,192.00
335075
01/14!2016
RUSSELL PAYNE INC
435.75
335076
01/14/2016
TRANS US INC
69,424.00
335077
01/14/2016
TREASURE COAST MATS
476.00
335078
03/14/2016
SCOTT MCADAM
25.98
335079
01/14/2016
CELICO PARTNERSHIP
2,03671
335080
01/14/2016
CINTAS CORPORATION NO 2
185.46
335081.
01/1412016
FLORIDA DEPT OF JUVENILE JUSTICE
40,35239
335082
01/14/2016
VAN WAL INC
163.00
335083
01/14/2016
THE CLEARING COMPANY LLC
2,045.00
335084
01/14/2016
STAPLES CONTRACT & COMMERCIAL INC
38.79
335085
01/14/2016
MAE FRANCES GARRETT
50.00
335086
01/14.12016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
243.24
335087
01/14/2016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
246.54
335088
01/14/2016
ADMIN FOR CHILD SUPPORT ENFORCEMENT
137.56
335089
01/14/2016
ACCUITY
610.00
335090
01/14/2016
GARY L EMBREY
10800
335091
01/14/2016
LARRY STEPHENS
162.00
335092
01/14/2016
CAROLE I MADIGAN
2,090.28
335093
01/14/2016
1 ST FIRE & SECURITY INC
120.00
335094
01!14/2016
PETER OBRYAN
15.53
335095
01/14/2016
COMMUNICATIONS BROKERS & CONSULTANTS INC
637
335096
01!1.4/2016
JOHNNY B SMITH
90.00
335097
01/14/2016
CHRIS K BLAHNIK
415.00
335098
01/14/2016
GLOBALSTAR USA
117.49
335099
01/14/21016
FISHER & PHILLIPS LLP
8,111.40
335100
01/14/2016
CEMEX
1,223.64
335101
01/14/2016
BRIAN FREEMAN
16.02
335102
01/14/2016
GUARDIAN COMMUNITY RESOURCE MANAGEMENT
250.00
335103
01!14/2016
RENAE CHANDLER
150.00
335104
01/14/2016
K'S COMMERCIAL CLEANING
20,179.45
335105
01/14/2016
YOUTH GUIDANCE DONATION FUND
1,250.00
335106
01/14/2016
NICOLACE MARKETING INC
2,951.25
335107
01/14/2016
TERESA PULIDO
330.00
335108
01/14/2016
VERA SMITH
36.00
335109
01!14/2016
GARRETT SMITH
10800
335110
01/14,2016
GLISSON & CO INC
2,040.00
335111
01/14,2016
CIVILSURV DESIGN GROUP INC
831.48
335112
01/14/2016
INEOS NEW PLANET BIOENERGY LLC
39.16
335113
01/14/2016
WOERNER DEVELOPMENT INC
91.50
335114
01/14/2016
CREATIVE POWER. SOLUTIONS INC
4.918.60
335115
01/14/2016
ATLANTIC COASTAL LAND TITLE CO LLC
75.00
335116
01/14/2016
KEMPER BUSINESS SYSTEMS
25.00
335117
01/14/2016
ECMC
241.92
335118
01/)4/2016
YOUR AQUA INSTRUCTOR LLC
30.00
335119
01/14/2016
PICTOMETRY INTERNATIONAL CORPORATION
2,490.00
335120
01/14;20)6
TREKKER TRACTOR LLC
811.94
335121
01114/2016
CIT FINANCE LLC
186.21
335122
01/14/2016
BORRELLI & PARTNERS INC
7,899.96
335123
01/14/2016
GFA INTERNATIONAL INC
4,803.75
335124
01/14/2016
MOORE MOTORS
1,594.25
19
TRANS NBR
DATE
VENDOR
AMOUNT
335125
01/14/2016
LINDA GRAHAM
150.00
335126
01/14/2016
REHMANN GROUP LLC
40,000.00
335127
01/14/2016
TIM ZORC
661.50
335128
01/14/2016
VINCENT BURKE
159.00
335129
01/14/2016
REPROGRAPHIC SOLUTIONS INC
41.04
335130
01/14,'2016
BRYAN KLASSEN
225.00
335131
01/14/2016
LOWES HOME CENTERS INC
723.57
335132
01/14/2016
LABOR READY SOUTHEAST INC
5,029.44
335133
01/14/2016
ALADTEC TNC
105.60
335134
01/14/2016
CB&I COASTAL PLANNING & ENGINEERING INC
5,296.71
335135
01/14/2016
EMILY K DIMATTEO
10.00
335136
01/14/2016
STEVEN G HANSEN
150.00
335137
01/14/2016
COMMERCIAL BUILDING MAINTENANCE
1,643.00
335138
01/14/2016
PENGUIN RANDOM HOUSE LLC
45.75
335139
01/1.41'2016
SCADA SOLUTIONS LLC
5,110.00
335140
01/14/2016
KANSAS STATE BANK OF MANHATTAN
1,028.97
335141
01/14/2016
C E R SIGNATURE CLEANING
850.00
335142
01/14/2016
DEBORAH CUEVAS
36.00
335143
01/14/2016
BAUDVILLE INC
4,261.99
335144
01/142016
SAMBA HOLDINGS INC
1,165.59
335145
01/14/2016
FAMILY SUPPORT REGISTRY
9.66
335146
01/14/2016
FAMILY SUPPORT REGISTRY
146.79
335147
01/14/2016
KESSLER CONSULTING INC
5,882.50
335148
01/14/2016
TRINOVA -FLORIDA INC
9,093.43
335149
01/14/2016
BERNARD EGAN & COMPANY
2,089.95
335150
01/14/2016
STS MAINTAIN SERVICES INC
).45000
335151
01/142016
COBRA GOLF INCORPORATED
288.42
335152
01/14/2016
CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00
335153
01/142016
SYLIVLAMILLER
2.439.00
335154
01/140-016
THE TRANSIT GROUP INC
53,857.15
335155
01/142016
ANFIELD CONSULTING GROUP INC
10,000 00
335156
01/142016
TK61NC
41740.40
335157
01/14/2016
GENUTNTE PARTS COMPANY
1,563.37
335158
01/142016
RED THE UNIFORM TAILOR
1,002.25
335159
01/142016
DELTA MANAGEMENTASSOCIATES INC
407.01
335160
01/1412016
ENTERPRISE RECOVERY SYSTEMS INC
335.42
335161
01/14!2016
CATHEDRAL CORPORATION
1,364.83
335162
01/14/2016
MILNER SPORTS LLC
720.00
335163
01/142016
SCREENVISION
284.00
335164
01/14/2016
UNIFIRST CORPORATION
1,359.02
335165
01/14/2016
OMNI HOTELS & RESORTS
450.00
335166
01/1412016
BEST AMERICAN WELDING SERVICES
3,003.00
335167
01/142016
VCA ANIMAL HOSPITALS INC
428.53
335168
01/142016
WEST COAST TRENDS INC
589.36
335169
011'142016
SCHUMACHER AUTOMOTIVE DELRAY LLC
151.76
335170
01/14/2016
STTEONE LANDSCAPE SUPPLY LLC
2,369.83
335171
01/14/2016
DEBORAH A NOVACK
21000
335172
01/14!2016
NATIONAL DIAMOND ENTERPRISES LLC
199.00
335173
01/14/2016
ADVANCE STORES COMPANY INCORPORATED
820.96
335174
01/14/2016
EXCEPTIONAL CARE OF TREASURE COAST
50.00
335175
01/14!2016
MAGGIE MCGUIRE
48.00
335176
01/142016
CHERYL LIVINGSTON
9000
335177
01/14/2016
KEM CONSULTING INC
228.00
335178
011142016
THE AVANT] COMPANY INC
22.22
Grand Total:
1,353,729.1.0
20
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1008106
01/08/2016
AT&T
3,958.44
1008107
01/08/2016
OFFICE DEPOT BSD CUSTOMER SVC
453.81
1008108
01/08/2016
WASTE MANAGEMENT INC
2,692.83
1008109
01/08/2016
COMCAST
119.75
1008110
01/08/2016
WHEELABRATOR RIDGE ENERGY INC
4,750.65
1008111
01/08/2016
EVERGLADES FARM EQUIPMENT CO INC
819.46
1008112
01/08/2016
PRAXAIR DISTRIBUTION SOUTHEAST LLC
84.69
1008113
01/08/2016
COMMUNICATIONS INTERNATIONAL
139.00
1008114
01/08/2016
HENRY SCHEIN INC
4.29
1008115
01/08/2016
COLD AIR DISTRIBUTORS WAREHOUSE
295.73
1008116
01/08/2016
INDIAN RIVER BATTERY
833.65
1008117
01/08/2016
INDIAN RIVER OXYGEN INC
158.50
1008118
01/08/2016
MIKES GARAGE & WRECKER SERVICE INC
65.00
1008119
01/08/2016
APPLE INDUSTRIAL SUPPLY CO
341.30
1008120
01/08/2016
IRRIGATION CONSULTANTS UNLIMITED INC
22.94
1008121
01/08/2016
GROVE WELDERS INC
348.05
1008122
01/08/2016
RECORDED BOOKS LLC
173.20
1008123
01/08/2016
COMMUNITY ASPHALT CORP
162.64
1008124
01/08!2016
COMMERCIAL ENERGY SPECIALISTS
494.23
1008125
01/08/2016
COMO OIL COMPANY OF FLORIDA
101.21
1008126
01/08/2016
GLOBAL GOLF SALES INC
21072
1008127
01/08/2016
COMPLETE ELECTRIC INC
170.40
1008128
01/08/2016
MIDWEST MOTOR SUPPLY CO
1 212.18
1008129
01/08/2016
CAPITAL OFFICE PRODUCTS
10.99
1008130
01/08/2016
BENNETT AUTO SUPPLY INC
1,229.73
1008131
01/08/2016
L&L DISTRIBUTORS
1,542.43
1008132
01/08/2016
PACE ANALYTICAL SERVICES INC
108.00
1008133
01/08/2016
EASY PICKER GOLF PRODUCTS INC
1.475.69
1008134
01/08/2016
RvIAGENET CONSULTING LLC
366.56
1008135
01/08/2016
FPS OFFICE SOLUTIONS LLC
143.10
1008136
01/08/2016
ALLIED DIVERSIFIED OF VERO BEACH LLC
3,845 00
1008137
01/12/2016
AT&T
10.33
1008138
01!12/2016
OFFICE DEPOT BSD CUSTOMER SVC
610.02
1008139
01/]2/2016
CALLAWAY GOLF SALES COMPANY
527.54
1008140
01/12/2016
WASTE MANAGEMENT INC
62.72
1008141
01/14/2016
HENRY SCHEIN INC
913.18
1008142
01/14/2016
INDIAN RIVER BATTERY
354.45
1008143
01/14/2016
INDIAN RIVER OXYGEN INC
4,058.45
1008144
01/14/2016
DAVIDSON TITLES INC
14,241.14
1008145
01/14/2016
GALLS LLC
470.00
1008146
01/14/2016
ABCO GARAGE DOOR CO INC
119.00
1008147
01/14/2016
AIR COMPRESSOR WORKS
709.85
1008148
01/14/2016
ALLIED UNIVERSAL CORP
3.354.99
1008149
01/14/2016
IRRIGATION CONSULTANTS UNLIMITED INC
129.31
1008150
01/14/2016
GROVE WELDERS INC
388.22
1008151
01!14/2016
FERGUSON ENTERPRISES INC
21,816.30
1008152
01/14/2016
COMO OIL COMPANY OF FLORIDA
22542
1008153
01/14/2016
CAPITAL OFFICE PRODUCTS
818.77
1008154
01/14/2016
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
556.53
1008155
01/14!2016
TDA SYSTEMS
575.00
Grand Total:
76,27539
21
ELECTRONIC PAYMENTS - VigR.E & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
4055
01/08/20)6
IRS -PAYROLL TAXES
8.996.50
4056
01/08/2016
FL RETIREMENT SYSTEM
11.106.33
4057
01/08/2016
AMERICAN FAMILY LIFE ASSURANCE CO
28,512.72
4058
01/08/2016
VETERANS COUNCIL OF 1 R C
9.535.43
4059
01!08/2016
R W WILSON AND ASSOCIATES LLC
4,09000
4060
01/08/2016
KB LEY HORN & ASSOC INC
42.445.25
P -CARD
01/11/2016
WELLS FARGO BANK, N.A.
35.456.40
4061
0I l312016
IRS -PAYROLL TAXES
8.753.03
Grand Total: 148,895.66
W
JEFFREY & SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
180127' Street
Vero Beach, FL 32960
TO: HONORABLE BOARD OF COUNTY COMMISSIONERS
FROM: DIANE BERNARDO, FINANCE DIRECTOR
THRU: JEFFREY R. SMITH, COMPTROLLER
DATE: January 21, 2016
SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS
January 15, 2016 to January 21, 2016
1 �
Aa
oe
l '�T
Eg Ggyl,t
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 January 15, 2016 to January 21-, 2016.
Attachment:
23
CHECKS WRITTEN
TRANS NBR
DATE
VENDOR
AMOUNT
335179
01/21/2016
PORT CONSOLIDATED INC
55,157.68
335180
01/21/2016
JORDAN MOWER INC
317.21
335181
01/21/2016
RANGER CONSTRUCTION IND INC
4) 6.16
335182
01/21/2016
VERO CHEMICAL DISTRIBUTORS INC
390.40
335183
01/21/2016
RICOH USA INC
144.37
335184
01/21/2016
RICOH USA INC
103.21
335185
01/21/2016
RICOH USA INC
34.28
335186
01/21/2016
STEWART MATERIALS INC
755.34
335187
01/21,2016
AT&T WIRELESS
74.12
335188
01/21/2016
AT&T WIRELESS
780.63
335189
01/21/2016
DATA FLOW SYSTEMS INC
42040
335190
01/21/2016
B G KENN INC
27.38
335191
01/21/2016
DELTA SUPPLY CO
15.42
335192
01/21/2016
E -Z BREW COFFEE & BOTTLE WATER SVC
19.00
335193
01./21/2016
GRAINGER
150.22
335194
01/21/2016
MY RECEPTIONIST INC
268.94
335195
01/21,"2016
AMERIGAS EAGLE PROPANE LP
204.01
35196
01/21/2016
AMERIGAS EAGLE PROPANE LP
275.00
335197
01/21/2016
AMERJGAS EAGLE PROPANE LP
2,457.14
335198
01/21/2016
BACH CO
44598
335199
01/21/2016
LF] FORT PIERCE INC
4,985.38
335200
01!21/2016
CLIFF BERRY INC
25.50
335201
01/21/2016
MASTELLER MOLER & TAYLOR INC
2,937.55
335202
01/21/2016
DEEP SIX DIVE SHOP INC
2,01978
335203
01/21/2016
KSM ENGINEERING & TESTING INC
521 00
335204
01/21/2016
HD SUPPLY WATERWORKS, LTD
3.213.50
335205
0 1 /21/2016
BOUND TREE MEDICAL LLC
62.00
335206
01/21/2016
PETES CONCRETE
5,900.00
335207
01/21/2016
VERO INDUSTRIAL SUPPLY INC
12097
335208
01/2112016
TIRESOLES OF BROWARD INC
3,962.21
335209
01.121/2016
PARAGON ELECTRIC INC
227.50
335210
01/21/2016
BARTH CONSTRUCTION INC
472,909.46
335211
01/21/2016
PRECISION SMALL ENGINE CO INC
277.75
335212
01/21!2016
DELL MARKETING LP
12;053.83
335213
01/21/2016
GOODYEAR AUTO SERVICE CENTER
935.28
335214
01/21/2016
SIGNS IN A DAY
48.00
335215
01/21/2016
BAKER & TAYLOR INC
5,279.64
335216
01/21/2016
MIDWEST TAPE LLC
520 10
335217
01/21/2016
NORTHERN SAFETY CO INC
20678
335218
01,21/2016
PRECISION CONTRACTING SERVICES INC
13,815.25
335219
01/21/2016
MICROMARKETING LLC
207.28
335220
01/21/2016
WHEELED COACH
135 02
335221
01/21/2016
NEWSBANK INC
1,773.20
335222
01!21/2016
LINDSEY GARDENS LTD
500.00
335223
01/21/2016
CREATIVE CHOICE HOMES XVI LTD
529.00
335224
01/21/2016
PARKS AND SON INC
1,753.80
335225
01/21/2016
CLERK OF CIRCUIT COURT
600.00
335226
01/21/2016
CITY OF VERO BEACH
101,161.57
335227
01/21/2016
CITY OF VERO BEACH
86.70
335228
01/21/2016
INDIAN RIVER ALL FAB INC
207.50
335229
01/21/2016
FLORIDA DEPARTMENT OF BUSINESS AND
9,449.42
335230
01/21/2016
FLORIDA EAST COAST RAILWAY LLC
5,538.00
335231
01/21/2016
LIVINGSTON PAGE
126.00
335232
01/2 I/2016
JANITORIAL DEPOT OF AMERICA INC
167.58
335233
01/21/2016
FLORIDA FISH & WILDLIFE
6,257.29
335234
01/21/2016
HUMANE SOCIETY
22,570.00
335235
01/21/2016
PERCONTI DATA SYSTEMS INC
48,000.00
335236
01.21/2016
ACUSHNET COMPANY
11047.55
14
TRANS NBR
DATE
VENDOR
AMOUNT
335237
01/21/2016
INTERNATIONAL GOLF MAINTENANCE INC
1,00000
335238
01/21/2016
EXCHANGE CLUB CASTLE
2,749.26
335239
01/21/2016
ST JOINS RIVER WATER MGMT DISTRICT
490.00
335240
01/21/2016
WEST PUBLISHING CORPORATION
377.00
335241
01121/2016
FEDERAL EXPRESS CORP
41.75
335242
010-1/2016
MORGAN & EKLUND INC
24.322.50
335243
01/21/2016
CITY OF SEBASTIAN
1,955.17
33244
01/21/2016
TIMOTHY ROSE CONTRACTING INC
99,770.90
335245
01/21/2016
ROSEN CENTRE HOTEL
278.00
335246
01/21/2016
FLORIDA POWER AND LIGHT
55,910.92
335247
01/21/2016
PUBLIC DEFENDER
3,096.21
335248
01/21/2016
TAYLOR MADE GOLF CO INC
308.03
335249
01!21/2016
GIFFORD YOUTH ACTIVITY CENTER INC
7.125.00
335250
01/21/2016
STATEATTORNEY
12,304 07
335251
01/21/2016
PEACE RIVER ELECTRIC COOP INC
366.00
335252
01/21/2016
LANGUAGE LINE SERVICES INC
597.35
335253
01/21/2016
STRUNK FUNERAL HOMES & CREMATORY
425.00
335254
01/21/2016
JOSEPH ABAIRD
605.00
335255
01/21/2016
JASON E BROWN
10.00
335256
01/21/2016
BUILDING OFFICIALS ASSOC OF FLORIDA
1,033 68
335257
01/21/2016
CHANNTNG BETE CO INC
100.00
335258
0 1/2 1/2016
SOLID WASTE ASSOC OF NORTH AMERICA
250.00
335259
01/21/2016
FLORIDA ASSOCIATION OF COUNTY ATTORNEYS
375.00
335260
01/21/2016
ESRI INC
475.00
335261
01/21/2016
HENRY SMITH
108.00
335262
01/21/2016
NEXTRAN CORPORATION
95.82
335263
01/21/2016
G K ENVIRONMENTAL INC
5,42500
335264
01,21/2016
INTERNATIONAL CODE COUNCIL INC
331.95
335265
01/21!2016
PINNACLE GROVE LTD
854.00
335266
01/21/2016
CRAIG MERRILL
425.00
335267
01/210-016
THE PALMS AT VERO BEACH
485.00
335268
01/21/2016
NATIONAL HURRICANE CONFERENCE
350.00
335269
01/21/2016
RUSSELL PAYNE INC
326.55
335270
01/21/2016
TRANE LIS INC
127.892.30
335271
01/21/2016
VAN WAL INC
83500
335272
01/21/2016
M T CAUSLEY INC
11,760.00
335273
01/21/2016
OCLC ONLINE COMPUTER LIBRARY CENTER
409.60
335274
01/21/2016
CENTRAL PUMP & SUPPLY INC
156.57
335275
01/21/2016
STAPLES CONTRACT & COMMERCIAL INC
1,08496
335276
O 1/21 /2016
GARY L EMBREY
144.00
335277
01!21/2016
LARRY STEPHENS
90.00
335278
01/21/2016
ORCHID ISLAND PROPERTY MGMT TT INC
3.450.00
335279
01/21/2016
HALLIDAY, ROBERT J
3691
335280
01/21/2016
JOHNNY B SMITH
180.00
335281
01/21/2016
CEMEX
1,212.50
335282
01/21/2016
ORCHID ISLAND GOLF & BEACH CLUB
85000
335283
01/21/2016
LAZY J LLC
309.00
335284
01/21/2016
RENAE CHANDLER
6000
335285
01,/21L)016
TREASURE COAST FOOD BANK INC
269.38
335286
01/21/2016
JOHN MESKILI_
370.00
335287
01/21/2016
EQ THE ENVIRONMENTAL QUALITY COMPANY
22,730.55
335288
01/21/2016
TRITEL INC
99.00
335289
O1 i2l/2016
EMERGENCY TRAINING ASSOCIATES
2,188.40
335290
01/21/2016
RAINBOW GROUP LLC
917.00
335291
01!21/2016
VERA SMITH
72.00
335292
01/21/2016
GARRETT SMITH
162.00
335293
0 1/2 1/2016
AMERICHEM LAWN & PEST CONTROL INC
300.00
335294
01/21/2016
MASTER METER TDS
1,50000
335295
01/21/2016
DAILY DOSE CAFE
14925
335296
01/21/2016
DAILY DOSE CAFE
150.00
25
TRANS N.BR
DATE
VENDOR
AMOUNT
335297
01.21 /2016
YAMAHA GOLF CAR COMPANY
254.500.00
335298
01/21/2016
ATLANTIC COASTAL LAND TITLE CO LLC
75.00
335299
01/21/2016
TORRES ELECTRICAL SUPPLY COMPANY INC
3,32000
335300
01/21/2016
TRACKER SOFTWARE CORPORATION
4._742.00
335301
01/21/2016
YOUR AQUA INSTRUCTOR LLC
30.00
335302
01/21/2016
MURPHY & WALKER P L
5,069.70
335303
01/21/2016
OVERDRIVE INC
50305
335304
01!21/2016
SOUTHEASTERN SECURITY CONSULTANTS INC
407.00
335305
01/21/2016
ALAN JAY CHEVROLET CADILLAC
36.521.70
335306
01/21/2016
TIM ZORC
363.01
335307
01/21/2016
LOWES HOME CENTERS INC
824.58
335308
01/31/2016
LABOR READY SOUTHEAST INC
2,611.44
335309
01/21!2016
EMILY K DIMATTEO
10.00
335310
01/21/2016
BURNETT LIME CO INC
6.407.80
335311
01/21/2016
PENGUIN RANDOM HOUSE LLC
187.50
335312
01!21/2016
KANSAS STATE BANK OF MANHATTAN
138.40
335313
01/21/2016
GLS FUND VERO LLC
554.00
335314
01!21/2016
DEBORAH CUEVAS
180.00
335315
01/21/2016
CHEMTRADE CHEMICALS CORPORTATION
1.848.82
335316
01/21/2016
DYLAN REINGOLD
372.39
335317
01/21/2016
AAlER1TAS
24,528.50
335318
01/21/2016
EAST COAST VETERINARY SERVICES LLC
54.00
335319
01/21/2016
BRYAN CAVE LLP
71,611.19
335320
01/21/2016
SKECHERS USA INC
88.01.
335321
01/21/2016
MASCHMEYER CONCRETE COMPANY OF FLORIDA
9,465.64
335322
01/21/2016
HAWKINS INC
3,712.50
335323
01/21/2016
ENCORE ONE LLC
2.271.86
335324
01!21/2016
TK6 INC
3,53240
335325
01/21!2016
KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION
4,537.40
335326
01/21/2016
R W WILSON AND ASSOCIATES LLC
4,09000
335327
01/21/2016
GENUINE PARTS COMPANY
1,333.27
335328
01/21/2016
BERGER SI_NGERMAN LLP
11,722.50
335329
01/210-016
TRIBOND LLC
8,16744
335330
01121!2016
RED THE UNIFORM TAILOR
377.00
335331
01/21/2016
CATHEDRAL CORPORATION
1,398.41
335332
01/21/2016
GERELCO TRAFFIC CONTROLS INC
26,257.50
335333
01/21/2016
UNIFIRST CORPORATION
1,882.14
335334
01/21!2016
FASTCASE IN
1,890.00
335335
01/21/2016
VCA ANIMAL HOSPITALS INC
558.50
335336
01/21/2016
WILSON SPORTING GOODS CO
954.00
335337
01/21/2016
SCHUMACHER AUTOMOTIVE DELRAY LLC
73606
335338
0 1/21 /2016
SITEONE LANDSCAPE SUPPLY LLC
2709
335339
01/21!2016
DENISE GILLESPIE
30.00
335340
01/21/2016
LOUIS GOLATO
99900
335341
01/21/2016
CROSSOVER MISSION
5.093.15
335342
01/21;2016
PATRICIA PRUETT
38.20
335343
01/21/2016
QUALITY HEALTHCARE INC OF FLORIDA
2,003.06
335344
01/212016
UTIL REFUNDS
64.38
335345
01/212016
UTIL REFUNDS
11510
335346
0121/2016
UTIL REFUNDS
121.48
335347
0121/2016
UTIL REFUNDS
76.46
335348
01/21/2016
UTIL, REFUNDS
5.43
335349
01 /21 /2016
UTIL REFUNDS
5.97
335350
0121/2016
UTIL REFUNDS
132.21
335351
01212016
UTIL REFUNDS
23.54
335352
01212016
UTIL REFUNDS
33 11
335353
01/21/2016
UTIL REFUNDS
3.07
335354
0121/2016
UTIL REFUNDS
10.26
335355
01212016
UTIL REFUNDS
48.75
335356
0121/2016
UTIL REFUNDS
75.96
16
TRANS NBR
DATE
VENDOR
AMOUNT
335357
01/21/2016
UTI. REFUNDS
118.42
335358
01/21/2016
UTIL REFUNDS
41.77
335359
010-1/20)6
UTIL REFUNDS
21.35
335360
01/21/2016
UTIL REFUNDS
47.24
335361
01 /2l /2016
UTIL REFUNDS
141.58
335362
01/21/2016
UTI.. REFUNDS
3465
335363
010-1/2016
UTIL REFUNDS
75 12
335364
01/21/2016
UTIL REFUNDS
86.53
335365
01/21/2016
UTIL REFUNDS
69.21
335366
01/21/2016
UTIL REFUNDS
8.27
335367
01/21/2016
UTIL REFUNDS
38.76
335368
01/21/2016
UTIL REFUNDS
14.17
335369
01/21/2016
UTIL REFUNDS
54.35
335370
01/21/2016
UTIL REFUNDS
75.96
335371
01/21/2016
UTIL REFUNDS
78.47
335372
01121/2016
UTIL REFUNDS
3080
335373
0)/21/2016
UTIL REFUNDS
57.49
335374
01/21/2016
UTIL REFUNDS
13.35
335375
01/21/2016
UTIL REFUNDS
36.85
335376
01/21/2016
UTI. REFUNDS
15.19
335377
01/21/2016
UTIL REFUNDS
83.85
335378
01/21/2016
UTIL REFUNDS
25.68
335379
01/21/2016
UTIL REFUNDS
225.01
335380
01/21/2016
UTIL REFUNDS
5971
335381
01/21/2016
UTTL REFUNDS
45.73
335382
01/21/2016
UTIL REFUNDS
51.97
335383
01/21/2016
UTIL REFUNDS
390.95
335384
01/21/2016
UTIL REFUNDS
39.04
335385
01/21/2016
UTIL REFUNDS
52.76
335386
01/21/2016
UTIL REFUNDS
8400
335387
01/21/2016
UTI. REFUNDS
3876
335388
01/21/2016
UTIL REFUNDS
68.06
335389
01/21/2016
UTIL REFUNDS
73.58
335390
01/2)/2016
UTI. REFUNDS
71.48
335391
01/21/2016
UTIL REFUNDS
40.47
335392
01/21/2016
UTIL REFUNDS
26.27
335393
01/21/2016
UTIL REFUNDS
44.60
335394
01/21/2016
UTIL REFUNDS
39.62
335395
01/21/2016
UTIL REFUNDS
42.04
335396
01/21/2016
UTIL REFUNDS
23.25
335397
01i2l/2016
UTIL REFUNDS
19.27
335398
01/21/2016
UTIL REFUNDS
37.61
335399
01/21/2016
UTIL REFUNDS
72.01
335400
01/21/2016
UTIL REFUNDS
88.57
335401
01!2112016
UTIL REFUNDS
65.23
335402
01/21/2016
UTIL REFUNDS
65.07
335403
01/21/2016
UTIL REFUNDS
6806
335404
01/21,12016
UTIL REFUNDS
30.77
335405
01/21/2016
UTIL REFUNDS
46.99
335406
01/21/2016
UTIL REFUNDS
43 72
335407
01/21/2016
UTIL REFUNDS
28.78
335408
01/21/2016
UTIL REFUNDS
68.06
335409
01/21/2016
UTIL REFUNDS
40.82
335410
01i21/2016
UTIL REFUNDS
42.18
335411
01/21/2016
UTIL REFUNDS
73.58
335412
01/21/2016
UTIL REFUNDS
24.85
335413
01/21/2016
UTIL REFUNDS
44.88
335414
01/21/2016
UTIL REFUNDS
45 89
335415
01/21/2016
UTIL REFUNDS
39.20
335416
01/21/2016
UTIL REFUNDS
17.73
27
TRANS NBR DATE VENDOR AMOLWT
335417 01/21/2016 UTIL REFUNDS 40.41
335418 01/21/2016 UTIL REFUNDS 41.46
Grand Total: 1,703,146.29
2$
ELECTRONIC PAYMENT - VISA CARD
TRANS. NBR
DATE
VENDOR
AMOUNT
1008156
01!15/2016
AT&T
;,021,64
1008157
01/15/2016
OFFICE DEPOT BSD CUSTOMER SVC
766.31
1008158
01/15/2016
WASTE MANAGEMENT INC
2,351.35
1008159
01/18!2016
EVERGLADES FARM EQUIPMENT CO INC
35.04
1008160
01/18/2016
COMMUNICATIONS INTERNATIONAL
60.00
1008161
01/18/2016
COLD AIR DISTRIBUTORS WAREHOUSE
144.82
1008162
01/18/2016
INDIAN RIVER BATTERY
939.75
1008163
01/18/2016
DEMCO INC
161.83
1008164
01/1812016
ALLIED UNIVERSAL CORP
7,591.45
1008165
01/18/2016
FERGUSON ENTERPRISES INC
4,700.00
1008166
01/18/2016
ROGER CLEVELAND GOLF INC
1,69800
1008167
01/18/2016
DUNKELBERGER ENGINEERING & TESTING
772.50
1008168
01/18/2016
GLOBAL GOLF SALES INC
405.09
1008169
01/18/2016
CAPITAL OFFICE PRODUCTS
802.62
1008170
0118/2016
CONSOLIDATED ELECTRICAL DISTRIBUTORS INC
127.24
1008171
01/18/2016
BENNETT AUTO SUPPLY INC
606.15
1008172
01/18/2026
AUTO PARTNERS LLC
119.86
1008173
01/18/2016
L&L DISTRIBUTORS
186.18
1008174
01/18/2016
HYDRA SERVICE (S) INC
1,925.83
1008175
01/18!2016
EASY PICKER GOLF PRODUCTS INC
11572.20
1008176
01/18/2016
IMAGENET CONSULTING LLC
8700
1008177
01/21/2016
AT&T
8,646.63
1008178
01/21/2016
OFFICE DEPOT BSD CUSTOMER SVC
811.50
1008179
01/21/2016
WASTE MANAGEMENT INC
2,188.17
1008180
01/21/2016
POLYDYNE INC
5,014.00
Grand Total:
44,735.16
-29
ELECTRONIC PAYMENTS - WIRE & ACH
TRANS NBR
DATE
VENDOR
AMOUNT
4062
01/15/2016
FLORIDA LEAGUE OF CITIES, INC
8,080.81
4063
01/15/2016
FL SDU
5,50808
4064
01/15/2016
NACO/SOUTHEAST
664.67
4065
01/15/2016
IRC FIRE FIGHTERS ASSOC
6,330.00
4066
01/15/2016
NACO/SOUTHEAST
27,177.82
4067
01/15/2016
ICMA RETIREMENT CORPORATION
2,200.00
4068
-01/15/2016
1CMA RETIREMENT CORPORATION
11.269-61
4069
01/15/2016
KERNS CONSTRUCTION & PROPERTY
86.827.20
4070
01/1.5/2016
SENIOR RESOURCE ASSOCIATION
260,588.12
4071
01/15/2016
WRIGHT EXPRESS FSC
16,779.71
4072
01/15/2016
KAST CONSTRUCTION COMPANY LLC
1,006;800.00
4073
01,15/2016
COLLINS, BROWN, CALDWELL, BARKETT,
40,365.03
4074
01/15/2016
BENEFITS WORKSHOP
612.25
4075
01/15/2016
BENEFITS WORKSHOP
7,400.19
4076
01/19/2016
IRS -PAYROLL TAXES
446,212.75
4077
01/19/20)6
SCHOOL DISTRICT OF 1 R COUNTY
186,844.00
4078
01/20/2016
I R C HEALTH INSURANCE - TRUST
4.78,785.18
4079
01/21/2016
B/C B/S OF FL ADM FEE
34.765.20
4080
01/21/2016
HEALTH ADVOCATE
1.148.40
4081
01/21/2016
MUTUAL OF OMAHA
16,664.09
4082
01/21/2016
MUTUAL. OF OMAHA
6,684.00
4083
01/21/2016
IRS -PAYROLL TAXES
308.37
Grand Totai:
2,652,015.48
30
JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 276' Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
TO: Board of County Commissioners
FROM: Diane Bernardo, Finance Director
THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: January 12, 2016
yy:GdM"'
4"
SUBJECT: Dori Slosberg Driver Education Safety Act
Indian River County Traffic Education Program Trust Fund Report
Cumulative Reporting Through 12/31/15
BACKGROUND
On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating
the Indian River County Traffic Education Program Trust Fund (our fund 137). This ordinance authorized
a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006,
the Board adopted Ordinance 2006-035 to repeal this fine.
Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to
$5 under Ordinance Number 2015-003. The new fee is effective March 1, 2015 and is charged on each
civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund
driver education programs in public and nonpublic schools".
Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee
(October 1, 2002) and includes the new $5 fee commencing in March 2015. The Board currently carries a
balance of $39,288.
The Clerk's office will continue to provide a quarterly report of the traffic education trust activity.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached report.
Indian River Ap ve Date
Administrator ))17&
County Attorney
Budget
Department
Risk
31
REVENUES
Fines and forfeitures
Interest
Total Revenues
EXPENDITURES
Public Safety
Total Expenditures
Net Mange In fund balances
Fund balances at beginning of year
Fund balances at end of year
Indian River County, Florida
Statement of Revenues, Expenditures and Changes In Fund Balances
Traffic Education Program
FY 03
10/01!2002-
9/30/2003
FY 04
1010111003-
8/30/2004
FY OS
1010112004-
9/30/2005
FY 06
10!0112006-
9/3012006
FY 07
1010112008•
913012007
FY 06
10!0112007•
9130/2008
FY 09
1010112008-
9/30/2009
FY 10
10ro1/2009-
8!3012010
FYI
1010112010-
9/30/2011
FYI
10!0112011-
9130/2012
FY13
1010112012-
913012013
FY14
1010112013-
9!3012014
FY18
1010112014•
6!3012015
YTD FY16
10101/2016-
12/31/2016
Inception
to Date
Totals
$ 42,563
222
$ 42,225
see
$ 41,794
2,130
$ 48,372
5,797
$ 9.537
8,420
$ 1,575
4,899
$ 744
2,989
$ 525
753
$ 384
240
S 213
104
$ 36
70
$ 15
28
$ 31,987
59
$ 9,700
42,785
1 42,911
43.924
54,169
1 17,963
6 574
3,733
1 1,278
624
317
1 106
43
32.046
1 9,700
256,173
25,188
44,373
36,210
29,962
35,317
7,565
8.900
12,460
6,675
8.230
4,005
25,188
44,373
36,210
29,962
35,317
7,505
8,900
12,460
6,875
6,230
4,005
216,885
42,785
-
42,911
42,785
43,924
85,696
28,981
120,620
(28,410)
158,601
(29,636)
1 132,191
(26,229)
1 102,555 1
(34,039)
76,326
(6,941)
42,287
(8,583)
35,346
(12,354)
1 26,763
(6,632)
1 14,409
25,816
7,777
5,695
33,593
42,785
85,696
129,620
158,601
132.191 1
102,555
1 76,326 1
42,287
35 346
28,783 1
14,409 1
7,777
33 593
39 288
39 288
School District of Indian River County $ 114,535
St. Edwards School $ 102,350
Total Disbursed to Date $ 218,885
N�
M
Dylan Remgold, County Attorney
William K. DeBraal, Deputy County Attorney
Kate Ptngolt Cotner, Assistant County Attorney
v�
Consent Agenda - B. C C. 2.2.16
Ofce of
INDIAN RIVER COUNTY
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
DATE: January 18, 2016
SUBJECT: Perez v. Stericycle Settlement
BACKGROUND.
ATTORNEY
Stericycle, Inc. ("Stericycle") is an Illinois company that provides regulated medical waste management
services and pharmaceutical returns services to medical offices, hospitals and other health care providers.
In July 2013, Jennifer Perez filed a second amended complaint against Stericycle alleging Stericycle
improperly increased the service price to various governmental customers beginning in January 1, 2003.
Ms. Perez included claims on behalf of several states, including the State of Florida. In October 2015, a
settlement of the case was reached in which Stericycle agreed to pay $28.5 million, including attorneys'
fees. Indian River County has been identified as a local government that is entitled to participate in the
settlement. The Florida Attorney General has sent Indian River County a check in the amount of
$9,053.32. Indian River County has until February 29, 2016 to deposit the check and waive and
relinquish its rights to any claims against Stericycle.
Approved for February 2, 2016 BCC Meeting
Consent Agenda
CO Y ATTORNEY
Indian River Co. A oved Date
Admin. 60
!
Co. Arty.
Budget
Department
Risk Management --
F -A—m Ij W,JEHZIW B C CAs.nd. M,—,%Teri,,ck &0& --do 33
Board of County Commissioners
January 18, 2016
Page Two
FUNDING.
If the Indian River County Board of County Commissioners votes to accept the settlement, the $9,053.32
will be deposited into the general fund.
RECOMMENDATION.
The County Attorney's Office recommends that the Board of County Commissioners vote to deposit the
check and thus participate in the settlement.
ATTACHMENT(S).
Letter from Florida Attorney General Pam Bondi, dated January 12, 2016.
F•�,m.,�t.,�a�cevrxu.� c cry, u�,>b,u�r� Srolemencd�.-
34
• . 4 � C� e`r1 _
'�f j•`��..�`�F �P •r• yrs /
STATE OF FLORIDA
PAM BONDI
ATTORNEY GENERAL
January 12, 2016
VIA OVERNIGHT MAIL
Mr. Joseph A. Baird
County Administrator
Indian River County
1801 27th Street
Vero Beach, FL 329603365
Notice of Settlement of United States of America et aL ex rel. Perez v.
Stericycle, Inc., Civil Action No. 1:08-cv-2390, United States District Court
for the Northern District of Illinois
Dear Mr. Baird:
I am pleased to inform you of an October 8, 2015, multistate settlement of the
above -captioned litigation. You are receiving this notice and payment because
your organization has been identified as a local governmental entity that is
entitled to participate in the settlement proceeds. Accordingly, I am happy to
present the enclosed check for $9,053.32 for your consideration.
This check constitutes your entity's pro rata share of the proceeds under a
settlement agreement entered into by my office. The settlement is the result of a
qui tam or False Claims Act lawsuit which alleged Stericycle, Inc. ("Stericycle")
may have overcharged many governmental customers through the use of
impermissible fuel and energy surcharges. Enclosed for your information is the
complaint filed in the lawsuit and the settlement agreement.
While the lawsuit did not include local government purchases in Florida, my office
asked that the settlement be expanded to provide relief to local governmental
entities and Stericycle agreed to my request. In connection with the settlement
discussions, Stericycle provided my office with purchase data for Florida local
governmental entities. My office then used that purchase information and a
common damage formula to determine the amount that each governmental entity
would receive.
PL -01, The Capitol, Tallahassee, Florida 32399-1050, Telephone (850) 414-3300 Fax (850) 487-2564 35
By accepting and depositing the enclosed check by February 29, 2016, you
are consenting to the provisions of the enclosed Settlement Agreement,
including the provision in Paragraph 7 of the Agreement. If you do not
deposit the enclosed check by February 29, 2016, you will forfeit your pro
rata share of the settlement proceeds.
While the ultimate decision must be made by your entity, my office believes that
the settlement represents a favorable outcome. If you have any questions about
this notice or the settlement terms, please feel free to contact the lead attorney in
my office, Russell Kent, (850) 414-3854 or Russell.Kent@myflohdalegal.com.
Thank you for allowing me the opportunity to serve you.
Sincerely,
pw6hotz'
Pam Bondi
Attorney General
Enclosures
36
JEFFREY R. SMITH, CPA, CGFO, CDMA
CIerk of Circuit Court & Comptroller
Finance Department
1801 27th Street
Vero Beach, FL 32960
Telephone: (772) 226-1945
TO: Board of County Commissioners
FROM: Edward Halsey, Internal Auditor
THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
DATE: January 22, 2016
b,COMpr=-,.
t
SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2015
BACKGROUND
Attached to this memorandum is the report of the tourist development tax monies collected in
Clerk's office for quarters ended December 31, 2014 and 2015. The report shows five categories
of activity including short-term rentals.
RECOMMENDATION
Staff recommends that the Board of County Commissioners accept the attached Quarterly
Tourist Development Tax Report.
Indian River County
A=oved Date
Administrator
7
County Attome
%
Budget
2 1L
Department
Risk Management
37
Short term Rentals
Hotel/ Motel
Boarding/Apartments
Mobile Homes
Timeshare
Indian River County Tourist Development Tax
Received by the Indian River County Clerk of the Circuit Court and Comptroller
Quarters Ended December 31, 2014 and 2015
Collections
Quarter
%
Ended
%
12/31/2014 Of Total
$ 71,030
19.04%
279,975
75.06%
4,579
1.23%
4,563
1.22%
12,879
3.45%
$ 373,026
100.00%
Collections
Quarter
%
Ended
%
12/31/2015 Of Total
$ 88,364
19.84%
332,722
74.71%
5,777
1.30%
4,456
1.00%
14,043
3.15%
$ 445,362
100.00%
Collections
Increase
%
(Decrease)
Change
$
17,334
24.40%
$
52,747
18.84%
$
1,198
26.16%
$
(107)
-2.34%
$
1,164
9.04%
$
72,336
19.39%
too,
;'M
Dylan Reingold, County Attorney
William K. DeBraal. Deputy County Attorney
Kate Pingolt Cotner, Assistant County Attorney
Office Of
INDIAN
MEMORANDUM
TO- Board of County Commissioners
FROM: William K. DeBraal, Deputy County Attorne
DATE, January 27, 2016
Z�_
Conseni 02/02/20/6
RIVER. COUNTY
ATTORNEY
SUBJECT: Third Version of Corrected First Amendment to Lease Agreement with AT&T
Mobility for Coloration on 1340 Old Dixie Highway Tower
On May 19, 2015, the Board approved a First Amendment to Lease Agreement (First Amendment)
with AT&T Mobility for coloration on the tower located at 1340 Old Dixie Highway, Vero Beach After
the Board approved the May 19 document, AT&T Mobility requested changes to be made to the May
19 document, including the name of the Tenant be changed to New Cingular Wireless PCS, a
Delaware limited liability company. They also asked to change the contact names and addresses
on the First Amendment. The Board approved those changes on September 15, 2015
Unfortunately, AT&T/New Cingu!ar Wireless failed to get their attorneys' approval of the September
15, 2015 version and now present a third version of the Corrected First Amendment to License
Agreement for Board consideration and approval. You will note the sixth WHEREAS clause
highlights the changes between the Board approved May 19 and September 15, 2015 First
Amendment and this Corrected First Amendment. Staff has no objections to the proposed changes
on this latest document. You will note that Cingular Wireless has signed the Corrected First
Amendment.
Funding: Per the agreement, the County is entitled to 50% of the rent, which revenue is $12,171 24
for the first year. These funds will be deposited into the general revenue fund.
Recommendation: The County Attorney's Office recommends the Board approve the third version
of the Corrected First Amendment to Lease Agreement for the 1340 Old Dixie Highway site and
authorize the Chairman to execute the Corrected Amendment on behalf of the Board
c: Manny Cabo
Charles F Fink cfink@sbasite corn
Bonnie Merkt, Esq. Bonnie Merkt@hklaw corn
,PPROVED FOR—
B.C.0 WIEE T iNG - CONSFC�!Tr-AGENUA
COUNTY ATTORNEY
IndRiva Gn Approved Daie
Adrnin. a�
Legal (y�
BudgEl �!���
Dept _
Rilsk h1gr.
39
CORRECTED FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this Amendment) to provide
for Co -location is entered into this _ _ day of UAW. , 2015, between INDIAN RIVER
COUNTY, a political subdivision of the State of Florida ("COUNTY") 1801 27`h Street, Vero
Beach, Florida, 32960 and New Cingular Wireless PCS, a Delaware limited liability company,
by, ("TENANT"), whose address is 575 Morosgo Drive, Atlanta, Georgia 30324.
WITNESSETH
WHEREAS, COUNTY and TENANT entered into a Lease Agreement dated December
19, 1995 (the "Lease"), whereby TENANT would construct a communications tower on property
leased from COUNTY located at 1340 Old Dixie Highway, Vero Beach, Indian River County,
FL 32960, the legal description of which is attached as Exhibit "A" and incorporated by
reference herein; and
WHEREAS, TALCOM was the original Lessee on the Lease but over the ensuing 20
years, the cellular industry has seen frequent mergers and acquisitions which have resulted in
New Cingular Wireless PCS as the current lawful and responsible Tenant under the terms of the
Lease and this Amendment; and
WHEREAS, TENANT desires to enter into that certain Co -Location Agreement (the
"Co -Location Agreement") with Verizon Wireless Personal Communications LP, a Delaware
limited partnership, d/b/a Verizon Wireless with its principal offices located at One Verizon
Way, mailstop 4AW100, Basking Ridge, New Jersey 07920 ("Verizon") whereby Verizon may
locate certain equipment and antennas to be more particularly described in the Co -Location
Agreements on the "Property" and/or "Tower" (as defined in the Lease); and
WHEREAS, Tenant has requested and the County consents to amend the Lease to
provide for Verizon to co -locate on the tower; and
WHEREAS, the Tenant has provided an engineering report documenting the tower is
capable of handling the additional equipment to be installed on the tower and that Verizon's co -
located equipment will not interfere with the operation, quality or maintenance of any other
equipment located on the tower and that the tower with Verizon's added equipment will be in
compliance with all aspects of the Florida Building Code, local and federal regulations; and
WHEREAS, the First Amendment to Lease Agreement approved by the Board on May
19, 2015, and the Corrected First Amendment to Lease Agreement approved by the Board on
September 15, 2015, is being further corrected by this document.
WHEREAS, in connection with the foregoing, COUNTY and TENANT desire to amend
the Lease as hereinafter set forth.
NOW, THEREFORE, in consideration of the sum of the TEN AND N0/100 DOLLARS
($10.00) and other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, intending to be legally bound, do hereby agree as
follows:
1
40
The recitations set forth above are true and correct and are incorporated herein by this
reference. In the event of any conflict or ambiguity between the terms and provisions of
this Amendment and the terms and provisions of the Lease; this Amendment shall
control.
2. Pursuant to paragraph 12 of the 1995 Lease, Verizon shall name the County as an
additional insured on any policy of insurance required by Tenant. Tenant shall supply the
County with a copy of the Certificate.of Insurance for Verizon.
3. The following is inserted as Section 3.c of the Lease:
"Notwithstanding anything to the contrary contained herein and subject to COUNTY's
prior written consent, which shall not be unreasonably withheld, conditioned or delayed,
TENANT, in addition to all other rights granted TENANT under the Lease, shall have
the right to sublease any part of the Property, Tower or Equipment Building to any third
party telecommunication service provider, including, but not limited to Verizon, or to
enter into the Co -Location Agreements with Verizon or any other such co -location
agreement with any third party telecommunication service provider; provided, however,
that such subleasing of any part of the Property, Tower or Equipment Building to
Verizon pursuant to the Co -Location. Agreements, or any other sublease or co -location
by any third party telecommunication service provider shall not interfere with
COUNTY's telecommunications facilities or equipment which may then or thereafter be
located on the Property or Tower, or COUNTY's use of the Property, Tower and/or
Equipment Building in such a manner as to violate Section 5 of this Lease. Subject to
the foregoing, by COUNTY's execution of this Amendment, COUNTY hereby expressly
consents to the Co -Location Agreements and TENANT's subleasing of portions of the
Property, Tower and Equipment Building to Verizon as more particularly described in
the Co -Location Agreements. TENANT shall remit to COUNTY, one-half (1/2) of any
rent actually received by TENANT required to be paid by Verizon under the Co -
Location Agreements, or by any other such third party telecommunication service
provider under any such other sublease or co -location agreement which TENANT may
enter into pursuant to this Section 3.c. The Verizon rent during the initial term of the
Co -location Agreement shall be $24,342.48 annually; such rent shall increase by three
percent (3%) on each anniversary of the commencement date of the Co -location
Agreement. Said Verizon rent shall commence on the rent commencement date of the
Verizon co -location agreement and terminate when the Verizon co -location agreement
expires or terminates and Verizon is off the Property.
4. The address of TENANT as set forth in Section 18.d. of the Lease is hereby deleted in its
entirety and the following is inserted in its place:
As to TENANT: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Re: Cell Site #: 7248; Cell Site Name: IR002/VERO BEACH (FL)
Fixed Asset No: 10080597
575 Morosgo Drive NW
Atlanta, GA 30324
2
41
With a copy to: New Cingular Wireless PCS, LLC
Attn: Legal Department
208 S. Akard Street
Dallas, Texas, 75202-4206
Re: Cell Site #: 7248; Cell Site Name: IR002NERO BEACH (FL)
Fixed Asset No: 10080597
5. Except as specifically set forth herein, the terms and provisions of the Lease shall remain
unmodified and shall continue in full force and effect.
IN WITNESS WHEREOF, this First Amendment to Lease Agreement to provide for co -
location is approved and executed by the authorized representative of the parties effective as of
the day and year first above written.
NEW CINGULAR WIRELESS PCS, LLC
BY: AT&T MOBILITY CORPORATION,
ITS: MANAG
BY: iilil
(printed n e Neil Boyer
(title) Director - Network
Attest: Jeffrey R. Smith, Clerk of Court
And Comptroller
By:
Deputy Clerk
Approved:
By9a ih t&fd
Jose
i A. Baird
County Administrator
Approved as to form and legal s yiency
uAll-
William K. DeBraal
Deputy County Attorney
3
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
.Bob Solari, Chairman
Date BCC Approved:
42
CORPORATE ACKNOWLEDGEMENT
STATE OF GEORGIA )
)ss.
COUNTY OF (5wwmm )
BE IT REMEMBERED, that on this A day of CANVAV�Y , 20_1� before me, the
subscriber, a person authorized to take oaths in the State of _ Georgia , personally appeared
Neil Boyer who, being duly sworn on their oath, deposed and made proof to my satisfaction that they are
the person named in the within instrument; and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instr7n`e�ntt1 a entities upon behalf of which he acted,
executed the instrument. A/
COUNTY ACKNOWLEDGEMENT
STATE OF
COUNTY OF
CORPORATE ACKNOWLEDGEMENT
) ss:
BE IT REMEMBERED, tha this day of 20_, before me, the
subscriber, a person authorized to take s in the State of personally
appeared who, being du sworn on oath, deposed and made proof to my
satisfaction that they are the person named in the w► ' instrument; and acknowledged to me that he
executed the same in his authorized capacity, and that by his 'gnature on the instrument the entities upon
behalf of which he acted, executed the instrument.
Notary Public:
My Commission Expires:
4
43
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of February, 2016,
by BOB SOLARI, Chairman of the Board of County Commissioners of Indian River County,
Florida, who is personally known to me.
NOTARY PUBLIC:
signature:
printed name:
Commission No.:
Commission Expiration:_
5
44
CONSENT AGENDA
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 21, 2016
Subject: Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife
Conservation Commission for the Indian River County Public Shooting Range
BACKGROUND:
The Indian River County Shooting Range opened in April of 2001 under a Concessionaire Contract
with the Florida Fish and Wildlife Conservation Commission (FWCC) dated March 13, 2001 (the
"Contract.") On September 22, 2015 the Indian Rivcr Board of County Commissioners voted
unanimously to request a renewal of the Contract. The Renewal section of the Contract provides for
an additional term of 10 years at the sole option of the FWCC. The County has complied with all
conditions precedent to the renewal of the Contract and the FWCC now desires to exercise its
option to renew the agreement through March of 2026.
DESCRIPTION AND CONDITIONS:
Staff now presents to the Board of County Commissioners for consideration Amendment Number 1
to the Contract which sets forth a renewal term of 10 years and updates the Operational Plan
attached thereto as Exhibit B. The "Shooting Opportunities" section of Exhibit B reveals
improvement projects completed or planned by the County which have been accepted by the
FWCC. All provisions of the original Contract remain in full force and effect.
RECOMMENDATION:
Staff respectfully requests that the Board approve Amendment No. I to the Contract and authorize
the Chairman to sign on behalf of the Indian River County Board of County Commissioners.
ATTACHMENTS:
FWC Contract No. 00252 A-1
FWS Contract No. 00252
Correspondence with FWCC
DISTRIBUTION:
William R. Kline, FWC
Holden Kriss, Shooting Range Manager
Approved
Agenda Item
BY: 0, , nA'
/ Joseph A. Baird
County Administrator
FOR: February 2, 2016
Indian River County
Approved Date
Administrabon
j 7
County Attomey
I 6
Budget
12
Department
/A I he
Risk Management
F•1Assistant County Administrator\AGENDA rFEMS12016\BCC 02 FEBRUARY 2016\BCC Memo - Renewal Concessionaire Contract No. 252
with Florida Fish and Wildlife Conservation Commission.doc 45
Nick Wiley
October 6, 2013-110A;t� OF COUN-£r
i�it1PICIa l IC.Si
COM,IIiISEION
:incl Vgi!d!ife
need created by this growth while fostering safe and responsible hunting and
• i, vy1`°3
shooting sports participation.
Commission
The Honorable Wesley S. Davis
Chief of Staff
Chairman, Board of County Commissioners
Nick Wiley
October 6, 2013-110A;t� OF COUN-£r
i�it1PICIa l IC.Si
COM,IIiISEION
:incl Vgi!d!ife
need created by this growth while fostering safe and responsible hunting and
.onservalion
shooting sports participation.
Commission
The Honorable Wesley S. Davis
Chief of Staff
Chairman, Board of County Commissioners
Indian River County
Brian S. Yablonski
Chairman
g
18012711, Street, Building A
Tallahassee
Vero Beach, FL 3960
Mese P. 'Uesa' Priddy
Stn rely,
P(850)
Vice Chairman
1mmOkalee
Re: Concessionaire Contract FWC No. 00252 between Florida Fish and Wildlife
Ronald M. Bergeron
Conservation Commission and Indian River County for the Indian River County
Fort Lauderdale
Public Shooting Range
Richard Hanas
Division of Hunting and Game Management
Oviedo
Dear Commissioner Davis:
Bo Rivard
•,:�mmissienert; ,�;. �EeG�
cc: Holden Kriss, Shooting Range Manager
Panama city
,
On behalf of Nick Wiley and the Florida Fish and Wildlife Conservation
Charles W. Roberts III
Tallahassee
Commission, I would like to acknowledge receipt of Indian River County's letter
RobertA. Spottswood
dated September 22, 2015 requesting a renewal of the above referenced contract for
key West
an additional 10 (ten) years. Commission staff will begin preparing a draft renewal
Voice: (850) 488-4676
amendment to the contract for County review.
Nick Wiley
I was pleased to read in your request letter about the growth in participation at the
Executive Director
range. Undoubtedly, the new features planned for the facility will serve to meet the
EAc Sutton
need created by this growth while fostering safe and responsible hunting and
Assistant Executive Director
shooting sports participation.
Jennifer Fitzwater
Chief of Staff
In addition I would like to express the Commission's appreciation -for the hard work
and dedication put forth .by the County that has made flus partnership successful
�rislr•n o� fiuntin� anc
Diane Roth Eggernan
D(rector
Stn rely,
P(850)
&Ionj_
94217193 FAX31
�'"' �'
Diane Roth Eggeman, D iretor
Managing fish and wildlife
resources for their long-term
Division of Hunting and Game Management
weft -being and the benefit
-t) �Li ION
- LIST
of people.
•,:�mmissienert; ,�;. �EeG�
cc: Holden Kriss, Shooting Range Manager
ry
William K. DeBraal, Deputy County Attorney N'lr7'nis!:otf1 �:•.� ;��: -
0 r2..
620 South Meridian, Street
William R. Cline, Section Leader, Hunter Safety and Pu i1n §1lgotingVanges
Tallahassee. Ronda
32399-1600
Voice: (850) 488-4676
rrli ;er.;:� • , _ ,: ,
Hearing speech -impaired:
I : "I ne5,�l `.ti „• _�.
(800) 95"771(T)
(800) 955-8770 (V)
--
MyFWC.com
46
Wesleu S. Danis
Chairman
District l
Bob Solari
Vice Chairman
District 5
BOARD OF COUNTY COMMISSIONERS
September 22, 2015
Mr. Nick Wiley
Executive Director
Florida Fish and Wildlife Conservation Commission
620 South Meridian Street
Tallahassee Florida 32399-1600
Joseph E. Flescher
District 2
Tim Zorc
District 3
Peter D. O'Bnfan
District 4
Re: Concessionaire Contract No. 00252 between the Florida Fish and Wildlife Conservation
Commission and Indian River County for the Indian River County Public Shooting Range
Dear Mr Wiley,
On behalf of the Board of County Commissioners of Indian River County please accept this letter as Indian
River County's request to renew the concessionaire coritract between the Commission and Indian River
County dated March 13, 2001. In accordance with the contract, the County is requesting a renewal of the
contract for an additional term of 10 years. The contract is set to expire on March 12, 2016.
At a meeting of the Board of County Commissioners on September 15, 2015. the Board unanimously
approved by a vote of 5 to 0 the request to renew the contract between the Commission and the County.
The Indian River County Public Shooting Range has enjoyed growth and success since its inception. In
July, 2014 the shooting range was pleased to host the Master's Shooting Contest which featured over 200
participants during a three day period. In working with the Commission, the County is looking forward to
expanding the role of gun safety and hunter education in the near future.
The Board looks forward with great anticipation to renewing and extending this agreement with the
Commission for an additional ten years.
Sincerely,
Wesley S. Davis
Chairman
cc: Holden Kriss. Shooting Range Manager
William K. DeBraal, Deputy County Attorney
1801 271^ Street: Building A
Vero Beach. FL 32960
(772) 226-1490
47
Contract Number 00252
CONCESSIONAIRE CONTRACT
FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
Between Florida Fish and Wildlife Conservation Commission
and
Indian River County Board of County Conunissioners
The Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street,
Tallahassee, Florida 32399-1600 (hereinafter Commission), hereby enters into a
Concessionaire Contract with the Indian River County Board of County Commissioners, 1840
25'h St., Vero Beach, Florida 32960 (hereinafter Concessionaire) on this 13th day
of March
WITNESSETH:
Whereas the Commission is authorized by the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida, owner of real property located at 10455
102nd Terrace, Vero Beach, FL 32967, and more particularly described as denoted on attached
Exhibit A, and wishestto make available, under a Concessionaire Contract with the Indian
River County Board of County Commissioners, the Florida Fish and Wildlife Conservation
Commission Indian River Public Shooting Range (Range) located at the above address and
expressly limited to the present range area (rifle/pistol, airgun and archery ranges), sporting
clays range (and anticipated walk -though archery range) and associated impact area, office
building and storage shed, all in Indian River County, Florida, to support Hunter Education
training programs and recreational firearms shooting opportunities for the general public.
Now, therefore, it is mutually agreed that upon the full execution of this Concessionaire
Contract, the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit
B, and this Concessionaire Contract shall comprise the total contractual agreement between the
parties. In the event of conflict between this Contract and the exhibit(s), the terms of this
Contract shall govern. Changes, modifications, approvals, and amendment requests
referenced herein shall be addressed in writing to the Director, Office of Informational
Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street,
Tallahassee, Florida 32399-1600.
TL -RM OF THE CONTRACT
This Contract shall be in full force for a period of fifteen (15) years commencing as of
the above date and expiring fifteen (15) years from that date, unless terminated as provided
herein.
The amount of rent paid to the Commission and the fees charged to shooters may be
adjusted through renegotiation of that portion of the Contract after the first year of operation
48
and thereafter no more often than annually with the approval of the Commission. Other
amendments to this Contract shall be considered if mutually agreed to in writing by both
parties.
RENEWAL
This Contract may be renewed for an additional term of ten years at the sole option of
the Commission. No later than three months prior to the termination of the Concessionaire
Contract, the Concessionaire may request to renew the Contract. The request to renew shall
be made in writing to the Commission and is subject to the approval of the Commission. Any
renewal of the Contract is subject to the express written approval of the Commission and must
be in compliance with applicable laws.
OTHER CONTRACTS
This Concessionaire Contract and exhibit(s) shall contain the complete Contract
between the Commission and the Concessionaire and, as of the effective date thereof, shall
supersede all other contracts, communications or representations, either verbal or written,
between the Commission and the Concessionaire relating to the subject matter hereof.
RENTAL PAYMENTS
The agreed upon annual fee for rental of the facility shall be 50% percent of the net
profit of the total operation of the facility.
The annual rental payment for the range shall be due to the Commission within one
hundred and twenty (120) days following the end of the Concessionaire's fiscal year which
shall be September 30, accompanied by a certified copy of the profit/loss statements as
required by this Contract.
The Concessionaire shall be entitled to retain 50% of all profit generated by the
operation of the range.
LATE FEE
Should the Concessionaire fail to make the annual Rental payment, Concessionaire shall
be charged interest at the rate of one and one-half percent (1 1/2 %) per month, or pro rata share
thereof, on the amount of the delinquent payment commencing the first day following the due
date of the Contract until paid.
COMPLIANCE WITH LAWS
49
The Concessionaire shall comply with all local, state and federal laws, codes,
requirements, and regulations relative to the taking of wild animal life or freshwater aquatic
life, use of the lands for outdoor recreational purposes as herein after provided, construction,
safety, sanitation, permits, licenses, operation of the Range and all other matters pertaining to
the activities conducted on the premises.
NON -ASSIGNMENT
The Concessionaire shall neither transfer nor assign the Concessionaire Contract nor
sublet the premises or any part thereof nor grant any interest, privilege or license whatsoever
in connection with the Concessionaire Contract or the real property without written approval of
the Commission.
The parties agree that the Commission has entered into the Concessionaire Contract
with the Concessionaire because of the special and peculiar fitness and exceptional experience
of the Concessionaire in carrying out the duties and covenants to which binds himself
thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or
duties thereunder, other than to employees of the Concessionaire or agents for the
Concessionaire in the usual course of the Concessionaire's business, or approved in advance by
the Commission, shall be without any binding effect whatsoever on either party and shall be
null and void.
SCOPE .OF RANGE OPERATION
The Indian River Public Shooting Range shall be occupied and used by the
Concessionaire, or his duly authorized agents or employees, solely to conduct business in
connection with recreational shooting activities by the general public and Commission
sponsored shooting activities. Said business may include but is not limited to the following
activities;
a) A concession operation, providing items and services that are related to the
approved shooting activities, such as firearms and ammunition and fishing -
related items such as tackle, license and bait. Additional items such as soft
drinks (no alcoholic beverages), snacks and related refreshment items may also
be sold.
t�) The Range shall be open for public shooting a minimum of five (5) days per
week, a minimum of forty (40) hours per week. The Range may be closed to
the public up to two days per week. The Concessionaire is encouraged to open
the range for public use on holidays. Changes in the Concessionaire's
operational plan shall be submitted to and approved by the Commission's
Hunter Education Administrator in advance of any operational changes being
implemented.
C) The Range shall be available at no charge to the Commission for Hunter
50
Education training and other educational and professional training as needed.
Hunter Education use will be scheduled with the Concessionaire by the
Commission's Regional Hunter Education Administrator. Additional use by the
Commission shall be scheduled with the Concessionaire so as- to have minimal
impact on public use of the facility.
d) Recreational firearms, archery and airgun shooting by the general public.
V) Competitive shooting events may be scheduled during open shooting hours for
the general public when minimal impact of public access will occur. Such.
events shall not be scheduled on the dates or times when Hunter Education use
is scheduled.
!) Two (2) free hunter sight -in days sbail be offered per year with
the dates established by the Commission.
g,) Firearms training by groups or organizations, during hours/days
when Range is not open for public shooting activities.
h) Other activities as authorized in writing by the Commission.
OPERATIONAL COSTS/PRQCEDi.1RES
Except as otherwise provided in this Concessionaire Contract, operating costs, target
frame replacement, routine maintenance and repairs caused by normal use of the Range shall
be the responsibility of the Concessionaire. The Commission shall be responsible for repairs
or replacement of major components of the Range necessitated as a result of natural disasters
or other acts not related to wear and tear caused by normal use of the Range unless such
damage occurs through the willful negligence of the Concessionaire. Major components of the
Range consist of the covered shooting sheds, berms, sidewalks, restrooms, office building.
a) The Concessionaire shall maintain the premises and all appurtenant structures
and improvements in clean, sanitary, and good order and in a safe condition, all
grass, shrubs and landscaping shall be trimmed and maintained, satisfactory to
the Commission, and all such costs related thereto shall be borne by the
Concessionaire.
11) The Concessionaire shall provide, at its expense, a telephone for emergency use
during operating hours. The Concessionaire shall operate its business as
outlined in the Operational Plan (Exhibit B). Supervision of Range use shall
enhance safety and provide efficient and effective services to promote return
user visits. Staffing may be adjusted to meet service requirements.
.c) Maintenance, repairs, and financial loss through insurance protection from theft
or vandalism of the automatic target throwing machines and their components
shall be the responsibility of the Concessionaire. All equipment is being
IN
•51
provided to the Concessionaire in new condition.
�k) The Concessionaire shall be responsible for all costs related to the maintenance
and upkeep of the office/pro shop and providing the services outlined io Exhibit
B (Operational PIan) and this Concessionaire Contract.
c) The Concessionaire shall not rent to or allow the use of equipment by persons
under the influence of alcohol or drugs or disorderly persons, nor shall such
persons be permitted to enter or remain upon the premises. The Concessionaire
shall be responsible for administering a range safety introduction to all range
patrons (while operating under normal operating hours, when the Range is open
to public use).
The Concessionaire shall not engage in any activities or allow anyone to engage
in activities on the premises which are contrary to the full and orderly public
utilization of the Range premises except as otherwise provided herein.
r� The Concessionaire shall not commit waste on the premises; shall not conduct
mining operations or drill for oil or gas upon the premises; shall not remove
sand, gravel, or kindred substance from the ground; and shall not, in any
manner, substantially change the contour or condition of the premises unless
approved in writing by the Commission. The Commission shall be responsible
for lead removal should it become necessary for such action. The
Concessionaire shall collect an impact fee of $1 per shooter for rifle and pistol
ranges, and .50 cents per 25 rounds of sporting clays.
WThe Concessionaire shall obtain prior written approval from the Commission for
any utility easements which are necessary to service authorized facilities on the
premises. All other easements are prohibited and shall be void and without
legal effect.
I) The Concessionaire shall have the responsibility to maintain all notices posted at
the Range by the Commission including, but not limited to, the Notice of Range
Rules and the Notice of User Liability. Additional rules may be established by
the Concessionaire subject to approval of -die Commission.
it It is expressly understood and agreed that any articles which are the subject of,
or required to carry out this Concessionaire Contract shall be purchased from
the Corporation identified under Chapter 946, F.S. if available, in the same
manner and under the same procedure set forth in Section 946.515 (2), (4),
F.S.; and for purposes of this Contract the person, firm or other business entity
carrying out the provisions of the Contract, shall be deemed to be substituted for
the Commission insofar as dealing with said corporations are concerned.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES R
DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.), which may be contacted
.52
at:
P.R.I.D.E.
5540 Rio Vista Drive
Clearwater, Florida 34620-3107
Telephone Number: (727) 535-4900
FEE STRUCTURE/ IMPACT FEES
A fee shall be charged to the users of the Range. The fee structure may include a daily
fee, an annual fee and/or a family fee. However, the amount charged may not exceed the
amount indicated in the Concessionaire's Operational Plan (Exhibit B), unless amended
through the established procedures. The fee structure includes the amount to be charged for
use of the rifle, pistol, airgun, archery ranges and shotgun shooting facilities and/or a
combination of all the ranges.
Range use fees for non-public shooting during tunes when the Range is scheduled to be
closed to public shooting activities shall be established by the Concessionaire. These activities
may include renting the Range to a public or private entity for in-service firearms training. All
fees shall be included in the range operation and be part of the Concessionaire's gross range
operating revenue. The fee structure proposed by the Concessionaire in Exhibit B (Operational
Plan), reflects the amount charged to the shooter plus one dollar per shooter on the rifle and
pistol range and .50 cents per twenty-five (25) round target shotgun shooting impact fee, all of
which shall be deposited in an interest bearing account to be paid with interest to the
Commission quarterly (collectively, range shooting impact fees). Upon termination or
completion of the Contract, any remaining funds in the account, including interest, shall be
immediately remitted to the Commission.
During the time the Range is open to the public all Range patrons must have a valid
permit on their person when engaged in the respective shooting activities on the Range, except
those users for whom no charge is assessed pursuant to Commission -sponsored events and as
elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue
permits and to maintain records that provide a clear audit trail of Range use. The Commission
shall approve the design of Range use permits issued by the Concessionaire.
Commission representatives may, at their discretion, check patrons' permits. Five (5)
verified and recorded failures per year of the Concessionaire to insure compliance by persons
engaged in shooting activities on the Range may constitute breach of Concessionaire Contract
at the sole discretion of the Commission.
IMPROVEMENTS/EXPANSION OF RANGE
At the Commission's discretion, the Concessionaire may have the opportunity, during
the term of this Concessionaire Contract, to erect such structures and provide such equipment
and materials upon the premises as may be desired to enhance the activities and services
6
.53
authorized under this Concessionaire Contract, provided no structures may be erected, altered,
placed upon or removed from the premises unless and until the design and proposed location,
alteration, placement or removal thereof is approved in writing by the Commission.
Any and all structures, which shall constitute fixtures, shall at the option of the
Commission remain upon the premises at the expiration of the term of this Concessionaire
Contract and become the sole property of the Commission. At the Commission's option the
Concessionaire may be required to remove unwanted structures or fixtures at the
Concessionaire's expense. In the event this Concessionaire Contract or any material term or
condition thereof is breached by the Concessionaire and this Concessionaire Contract is
terminated, any and all structures, buildings, or fixtures shall at the Commission's discretion
remain upon the premises as part of the recreation site and become the sole property of the
Commission. In the event this Contract is terminated for reasons other than expiration or
breach by the Concessionaire, Concessionaire shall have the option, at its own expense, within
thirty (30) days of termination, of removing fixtures or structures which it has installed.
a) Expansion: Any expansion or modification to the facility must be approved by
the Commission in writing prior to any work being done and shall be at the sole
discretion of the Commission as evidenced in writing.
111 Cost of Expansion: Any cost associated with expansion of the Range beyond its
present facilities and services shall be the responsibility of the
CONCESSIONAIRE unless approved otherwise in writing by the Commission.
PERMITS AND LICENSES
The Concessionaire shall obtain all permits and licenses necessary to conduct the
business related to the Concessionaire Contract and agrees to comply with all laws governing
the responsibility of an employer with respect to persons employed by the Concessionaire. All
required permits and licenses must be obtained prior to commencement of any operation by the
Concessionaire. A copy of each permit or license shall be provided to the Commission on or
before the date the Concessionaire opens for business.
PAYMENT OF TAKES. ASSESSMENTS. AND UTILITY FEES
The Concessionaire shall have responsibility for all liabilities that accrue to the leased
premises or improvements thereon, including any and all drainage and special assessments or
taxes of every kind which may hereafter be lawfully assessed and levied against the premises
during the term of the Concessionaire Contract. In addition, Concessionaire shall pay all
charges for the furnishing of gas, electricity, water, or other public utilities to the Range
premises.
.54
RELATIONSHIP OF PARTIES
It is understood that no employer-employee relationship exists between the Commission
and the Concessionaire, and the Commission is not responsible for providing Workers'
Compensation insurance and withholding services for the Concessionaire or his employees.
There is no conflict of interest or any other prohibited relationship between the
Concessionaire and the Commission.
REPRESENTATIONS
The Commission and the Concessionaire stipulate that neither of them has made any
representations except such representations as are specifically contained within this
Concessionaire Contract and each party acknowledges reliance on its own judgement in
entering into the Concessionaire Contract. The Commission and the Concessionaire further
acknowledge that any payments or any representations that may have been made outside of
those specifically contained in this Concessionaire Contract are of no binding effect and have
not been relied upon by either party in its dealings with the other in entering into this
Concessionaire Contract,
This Concessionaire Contract will be binding upon each of the parties thereto, their
heirs, or successors, and shall be assignable only upon the written consent of the Commission.
BREACH AND TERMINATION
The Commission and Concessionaire agree to faithfully execute the covenants and
contracts as set forth in this Concessionaire Contract. The Concessionaire Contract may be
terminated in accordance with the following:
:t) The Commission or the Concessionaire may terminate this contract with 40
days written notice without cause.
b) The Concessionaire Contract shall terminate if mutually agreed
upon by both parties that such action would be in the best interest
of the Commission and the Concessionaire.
cf The Concessionaire Contract shall terminate immediately upon
the Commission giving written notice to the Concessionaire in the
event the premises are used for criminal purposes with the
knowledge or consent of the Concessionaire This Contract shall
terminate immediately upon the Commission given written notice
to the Concessionaire in the event of fraud or willful misconduct
or material breach of this Contract. The Commission shall allow
sixty (60) calendar days to correct a breach of this Contract.
.55
d) In the event of material breach of any of the covenants, terms or
conditions hereof by Concessionaire, the Commission shall
provide Concessionaire written notice to remedy such material
breach. If Concessionaire fails to remedy such material breach
within 60 days of written notice, the Commission may terminate
the Concessionaire Contract effective immediately and all of
Concessionaire rights hereunder, and recover from
Concessionaire all damages the Commission may incur by reason
of the breach and termination of the Concessionaire Contract.
c) This Contract shall terminate upon the Commission given written notice to the
Concessionaire in the event the annual Contract payment is not paid when due.
Such termination is at the sole option of the Commission.
f) This Contract shall terminate upon the Commission given written notice to the
Concessionaire, in the event the Concessionaire, his agents or employees fail to
abide by all laws, rules and regulations relating to the taking of wild animal life
or freshwater aquatic life, on the Range premises.
NO WAIVER OF BREACH
The failure of the Commission to insist in any one or more instances upon strict
performance of any one or more of the covenants, terms and conditions of this Concessionaire
Contract shall not be construed as a waiver of such covenants, terms and conditions, but the
same shall continue in full force and effect, and no waiver by the Commission of any of the
provisions of this Concessionaire Contract shall in any event be deemed to have been made
unless the waiver is set forth in writing by the Commission.
MODIFICATION OR AMENDMENT OF AGREEMENT
No waiver, modification, or amendment of this Concessionaire Contract, or of any
covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully
executed by both parties. It is the intention of the Commission and the Concessionaire that no
evidence of any waiver, or modification or amendment shall be offered or received in evidence
in any proceeding or litigation between the parties arising out of or affecting this
Concessionaire Contract unless such waiver, or modification, or amendment is in writing and
executed as aforesaid. The provisions of this section shall not be waived without compliance
with said writing and execution requirements.
ASSIGNMENT
The Concessionaire shall not assign any or all of the rights, liabilities, duties or
obligations of the Contract nor subcontract any part of the Contract without the written
s56
consent of the Commission.
LIABILITY OF THE PARTIES
Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the
Commission from any and all claims or demands for any personal injury or property damage
resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range
premises. The Concessionaire shall investigate any and all claims of every nature, at its own
expense, relating to the Concessionaire's use, operation or occupancy of the Range premises.
Nothing contained in the Concessionaire Contract shall be deemed to constitute a waiver of
sovereign immunity on the part of either party or to affect, limit or reduce the protection
afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect,
limit or reduce the -protection afforded the landowner under the provisions of §375.251, F. S.,
or to protect Concessionaire from liability for any deliberate willful or malicious act of the
Concessionaire.
INSURANCE REQUIRED
During the term hereof, the Concessionaire shall maintain a modified self-insurance
program in keeping with Indian River County Board of County Commissioners' administrative
policy and under provision of Section 768.28, Florida Statutes. Additionally, the
Concessionaire shall provide written proof of insurance for commercial Qeneral liability for
personal iniurv, death and property damage as well as workers' compensation insurance as
required by the Florida Workers' Compensation Law.
INDEMNITY
Except as prohibited by law, the Concessionaire shall indemnify and hold the
Commission harmless from and against all cost, judgements, attorney's fees, expenses,
obligations and liabilities of any kind and nature which the Commission may incur or sustain in
connection with or arising from the Contract or any court actions arising hereunder. In
addition, the Concessionaire hereby agrees to be responsible for any injury or property damage
resulting from any activities conducted under this Contract.
PROHIBI ON AGAINST LIENS
The Concessionaire will not cause any lien to be filed against the premises or
Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be
furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within
thirty (30) days after the date of filing.
RIGHT OF INSPECTION gNQ ACCESS
.57
The Range premises and the operation of the facilities and services thereon will be
subject to inspection by duly authorized assigns of the Commission to insure strict compliance
with the terms of the Concessionaire Contract. The Concessionaire agrees to permit travel
through and across the leased premises by representatives of state, federal or local
governments at any reasonable time for any reason.
R CORDS AND RIGHT OF AUDIT
The Concessionaire shall maintain complete and accurate records that provide a clear
audit trail of all receipts and disbursements and such additional records as the Commission
deems necessary to adequately reflect the operations conducted on the Range premises. The
Concessionaire shall be required to furnish the Commission certified copies of his statement of
gross revenues including receipts of adjustments for returns and allowances, and profit/loss
from the operations authorized by the Concessionaire Contract, within one hundred and eighty
(180) days after the end of each Concessionaire fiscal year.
n) The Commission shall have the right and authority to audit all
records, documents, automated records, and books pertaining to
the Concessionaire operation. Such audit shall be conducted at
locations and at a frequency determined by the Commission and
communicated to the Concessionaire. Concessionaire agrees to
Provide all necessary documentation for the audit at the
designated place within fifteen (15) days after the Commission's
notice is received and any additional documentation requested
during the audit. 17he Concessionaire will be required to furnish
the Commission audited annual financial statements within one
hundred and eighty (180) days after the end of each
Concessionaire fiscal year. The audit shall be conducted by an
independent certified public accountant in accordance with
Section 215.97, Florida Statutes, the Florida Single Audit Act.
t;}o Records of original entry, source documents and all records
pertaining to revenues and expenditures of this Contract shall be
retrained for a period of three (3) years in auditable condition,
except that such records shall be retained until final resolution of
matters resulting from any litigation, claim, or audit that started
prior to the expiration of the three (3) year retention period. The
retention period commences from the date of submission of the
annual audited financial statement required above.
PUBLIC RECORDS
The Concessionaire Contract may be terminated by the Commission should
Concessionaire fail to allow public access pursuant to Chapter 119, Florida Statutes, to all
documents, papers, letters or other materials made or received in conjunction with the
.5$
Concessionaire Contract. If the Concessionaire seeks or is subject to a judicial determination
as to the scope of records required to be disclosed under Chapter 119, F.S. and such judicial
determination is sought or defended by the Concessionaire in good faith, the Concessionaire
shall abide by the judicial determination and, in such a case, shall not be considered to have
breached the Concessionaire Contract.
NO THIRD PARTY BENEFICIARIP
This Contract in no way affords to any third party legal benefits or otherwise the ability
to enforce provisions of this Contract.
NON-DISCRIMINATION
As a condition of this agreement, the Concessionaire hereby covenants and agrees not
to discriminate against any individual because of that individual's race, color, religion, sex,
national origin, age, handicap, or marital status with respect to any activity occurring pursuant
to this agreement.
UNAUTHORIZED ALIEN WORKERS
In accordance with Executive Order 96-236, the Commission shall consider the
employment by any Concessionaire 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 Contract, if the Concessionaire knowingly employees unauthorized aliens.
PUBLIC ENTITY CRIMES
In accordance with §287.133(2)(a), Florida Statutes, a person or -affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a Contract to provide any goods or services to a public entity, may not submit
a bid on a Contract with a public entity for the construction or repair of a public entity or a
public work, may not submit bids on leases of real property to a public entity, may not be
awarded or perform work as a contractor, supplier, subcontractor; or consultant under a
contractor with any public entity, and may not transact business with any public entity in
access of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY II for
a period of 36 months from the date of being placed on the convicted vendor list.
JURY TRLAL WAIVER
The parties hereto, for the considerations herein, expressly waive the right of jury trial
in any legal or equitable matters stemming from this Concessionaire contract.
13
.59
DISCRIMINATORY VENDORS
The parties shall abide by Chapter 287 and §287.134, Florida Statutes, as to the non-
acceptance of discriminatory vendors.
IN WITNESS HEREOF, the parties hereto have executed this Contract through their duly
authorized signatories on the date and year first above written.
STATE OF FLORIDA
COUNTY OF LEON
a Cc: c 6L
Witn'rsss
Wttness
FLORIDA FISH AND WILDLIFE
CONSEKATION COMMISSION
far- ALLAN L. EGBERT, Ph.D.
Executive Director
T Itie f rego)1l'i Cont act was acknowl!-Iged `,afore ine thirdly of , 2401
by Z/'/ j_f who is personally known to me.
x �olll6i. st q ;.1y:3�171�da
c, t u '_il i Ghi:867 DXRES
ti'i;O r o FLUrcIUA
COUNTY OF INDIAN RIVER
Attest: t ,
J.IQ. Barton: Clerk of Circji�t Court
L•
.1 I M M I E C. B EV I S APPROVED AS TO FORM
Notary Public �AND
" L�SUFFI tvcv
Commission Attamey—
INDIAN RIVER COUNTY
BOARD OF COUNTY
COMMISSIONERS
Caroline D. Ginn, 46airman
The foregoing Contract was acknowledged before me thislOth day of Apri i
2001 by _ �z2 Li r_p:_f;i.!1r1—_..., who is personally known to me &X0hbX0C0bJ dW
_XXXXXXXXXXXXXXXXXXXX XXXXX XCIbSdVflX9N0KXX
_ w r �/�.t�� �;':, • ltlmberty E. Mossung
Notary Y Public ' :' ':: MYCOMMISS101I n CC855{b6 EXPIRES
My Commis n Expires y
July 15, 21JU
• it
..,. BOfipEpDOW P.OYiAltnN5uea:CCINC
11
60
INDIAN RIVER COUNTY SHOOTING RANGE
10455 102"Q Terrace
Vero Beach, FL 32967
561-581-4944
Operational Plan
Hours of Operation
The Indian River County Shooting Range (hereafter referred to as IRCSR) will be open to
the public a minimum of 40 hours per week as per the contract for public use.
The range will be available to groups, organizations, or individuals on an appointment basis
during the days and hours not open to the general public. Shooting activities will not begin
prior to 6:00 am. nor continue past .9:00 p.m. The range will be open on weekends.
Marketing Plan
As a governmental agency, IRCSR will market the range through county press release, in
Parks & Recreation brochures, and in a newsletter to our patrons. We will also have our
brochure available at all public places as well as sent to area gun shops, pawn shops and other
businesses related to shooting. An information and price sbect will be sent to area law
enforcement, and military organizations.
Direct Marketing
Direct Marketing will occur via mail or verbal communications with previous customers based
on their shooting interests.
Trade Show Marketing
The IRCSR Range Master lI will be a member of the National Association of Shooting
Ranges, and will attend and promote our range at several large trade and industry events
around the country. We will have a table at most local gun shows to talk and promote the
range.
Organizational Marketing
IRCSR will work with all the state and national organizations from the NRA and NSSF to
state organizations such as FSSA & FWC. We will become members of most of these
EXHIBIT B
61
organizations to offer their programs and to promote our range. The F'WC Hunter Education
courses, as well as Boy Scouts, 4H and ROTC groups will be involved with the range.
Print Add Marketing
IRCSR will have an ad in the yellow pages, Blacks Wing Clay, NASR list of ranges, NRA list
of ranges, as well as several State of Florida publications as relates to recreation or shooting.
We have County signage as well as working with DOT to get signage on 1-95.
Web Based Marketing
IRCSR will be added to Indian River County's website as well as N.A.S.R.'s "Where to
Shoot", NRA's member ranges, as well as links from many other shooting and recreation
sites.
Promotional Activities
IRCSR will have an open house during our "Site in Days" where we will ask several
manufacturers and vendors to display their products. We will bring in events that are
spectator friendly to promote the range.
IRCSR will work with manufacturer representatives to have sponsored shoots at the range.
These events are typically extremely lucrative for the range in that the manufacturers -and
vendors assume the advertising and supply burden. IRCSR intends to develop strategic
relationships with major firearms industry vendors. IRCSR management is highly in tune with
the motivations of manufacturers and the various ways the two entities can help each other.
This inside industry experience will be called upon to promote the range and its services.
Shooting Opportunities
Leagues
IRCSR will promote and start-up clubs to be based from our range. We will also run
registered tournaments of all types. Leagues and clubs provide a great initial customer base
to the range. Industry experience has shown that when gone unchecked, leagues have the
capacity to financially damage retail ranges. League members often expect unrealistic
discounts and can direct business away from the range by selling to new initiates "out of their
garage". Leagues also tend to occupy the range during high usage periods, restricting the
availability of the facilities for other shooters. IRCSR is not adverse to allowing the formation
of shooting leagues, and management are strong supporters ofthese activities, but the leagues
will be strictly limited to ensure there is no negative impact to the perception of other range
patrons or the IRCSR business entity.
62
Shooting Types
IRCSR will offer pistol, rifle and shotgun shooting ofall types as well as archery and airgun.
The types of shooting allowed on the range have been identified in previous sections. These
activities are consistent with the entineering and safety design specifications ofthe range. The
engineered range safety features will not be bypassed during specialized shooting activities
such as action pistol, Cowboy or plinking. In no case will shooters move forward ofthe firing
line and negate the effectiveness of the baffles, backstop and berms.
Training
IRCSR will offer NRA safety classes as well as FWC ffunter Education and Bow Hunting
courses. IRCSR's cornnritment to training opportunities has been accentuated throughout ths
plan. IRCSR will constantly strive to offer the latest and most effective training opportunities
to our patrons. As with the shooting opportunities fisted above, no training program or class
will undermine the safety features engineered into the range.
Facility Improvements
IRCSR will be adding to the facility a walk-thru sporting clays course and a walk-thru archery
course. We also will be adding lights for night time use on the rifle, pistol and 5 -stand ranges.
As an advocate of Total Quality Management, IRCSR has a strong commitment towards
constantly evaluating our facility, operations and customers needs to make sure we are doing
everything possible to further the needs of the company and the shooting public. Initial
Capital Improvement projects anticipated during the first three years include:
Maintenance Building
The addition of a maintenance and storage shed is in the works.
Maintenance will be a County function. We intend to make a substantial investment in
equipment, and this equipment is vital to the range and the services we offer. A maintenance
shed will provide the physical security from the elements and vandals necessary to provide a
high level of maintenance. This shed will probably be located behind the Pro Shop.
Range Officer Booths
63
IRCSR has added rear ready areas on both pistol and rifle ranges.
Safety is a paramount concern of IRCSR. As mentioned in previous sections, our goal is to
exercise positive control over every shooting situation. Our RO's will be expected to be on
the line during all shooting activities. Each shooter must check in with the RO who will
conduct a safety inspection of all firearms and give a safety brief. Normal commands on the
firing line will be communicated via loudspeaker system. An RO may still walk the firing line
aiding shooters, as long as the RO is controlling the safety of the line from the RO booth
without distraction. The Range Officer booths will be designed to ensure all shooters and
their firearms are checked for safety prior to approaching the firing and preparation areas.
The RO booths may be equipped with video monitoring systems and a phone for emergency
situations.
64
Proposed Fees
Target Range
Admission (Rifle & Pistol Ranges)
Adult* $6.50 per person / max 3 hours
Juniors (17 & under)* - $4.50 per person / max 3 hours
Adult * $6.50 per person / max 1 % hours for 200 yds. Range
Junior * $6.50 per person / max 1 'i: hours for 200 yds. Range
(Shotgun)
5- stand sporting clays * - $6.25 per round (25)
Sporting Clays Course * - $34.00 per 100 targets
Non -Profit Sporting Clay Tournament * - $26.00 per 100 targets
(Archery)
Adults - $4.00 per person / max 2 hours
Juniors (17 & under) - $2.50 per person / max 2 hours
Archery Course - $6.00 per person — once thru
Juniors (17 & under) - $4.00 per person — once thru
Rentals (per availability) *
Rifle & Pistol Rauges $175.00 per 4 hours — without lights
$250.00 per 8 hours — without lights
$200.00 per 4 hours — with lights
Law Enforcement Agencies
$150.00 per 4 hours — without lights
$224.00 per 8 hours — without lights
$170.00 per 4 hours — with lights
Annual Contract (12 or more)$125.00 per 4 hours — without lights
$200.00 per 8 hours — without lights
$145.00 per 4 hours — with lights
5 -Stand Rental $30.00 per hour & targets
Tournament fees will be negotiated through the Range Master
lead remediation charges will be charged in addition to the rate for each shooter
65
SAL,3
BOARD OF TRUSTEES OF•THE INTERNAL IIdPROVEKENT
TRUST YMM OF THE STATE OF FLOIMA.
Lease Number 4148
IcLi;u is uwtifii axd err.ered ,tnty 06u �Z ' day of
19-7-d between the BOARD OP TRUST=S O$ THE
INT88.IN+L IMPROVED= TRUST FM OF M STATE OF FLORIDA,
hereinafter referred to as °I.ESBOR", And the FIARZDA GAME AAD
FRRSE WATER FISH COMMISSSON, hereiaaftex referred to as
"LESSEE.
WITNF.{$SETIi:
WHEkW, the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEKENT
TRUST FUND OF THE STATE OF FLORIDA holds title to certain lands
and property being utilized by. the State of Florida for public
purposes, and
WHEREAS, the HOARD OF TRUSPSES OF TAE INTERNAL IMPROVzmENx
TRUST FUND �OF TBE STA;S OF FLORIDA is .aughorized in Section
253.03, Florida Statutes, to enter into leases for the use,
benefit and possession of public lands by Stute agencies which
may properly use a4d possess them for the benefit of the people
of the State of Florida; "
NOW, 'TS$REFORE, -for and in consideration 'of the mutual
covenants and agreementa hereinafter contRined, J..BSSOR leases
the below described premises to 1BS8rM subject to the following
terms and conditions:
66
LESSOR'S responsibilities and
obligations herein shall kte exercised by the Division of State
Lands, Department of Environmental Protection.
The property subject to this
lease, is situated in the County -of Indian River, State of
Florida 'apd is more particularly -described in Exhibit ,A"
attached hereto anti hereinafter calied the "leased psemioes".
3, IM: The term of this lease shall be
tt for a period OF
fifty years, commencing on 22 � �G� and ending on
Vtiless sooner terminated pursuant to
the provisions of thii% lease.
4. pLmm5 ; LESSEE shall manage the leased premises for the
conservation'and protection -of natural ane historical resources
and resource based public outdoor recreation which is compatible
with the conservation and protection of these public lands, as
set forth in subsection 259.032(11), F1024da Statutes, along
with other related uses necessary for the accomplishment of this
purpose as d4s�gnated in the 'Management Plan -required by
paragraph 7 of this lease. LESSOR and LES84E acknowledge that,
LESSEE'S use of the leased premises may result in the placement
of lead shot thereon, and 4E"d7R acknowledges that this use will
not constitute a bregcb of this lease. Notwithstanding the
,
forgoing, LESSEE will make every effort to prevent soil or water
contamination by lead Exceeding any applicab}e federal, state or
local standar" and, if such contamination occurs, LESSEE agrees
to bear all responsibility and liability for remediation and
cleanup in accordance with paragraph 26 below.
S. QIIIE'T ENg2 qL—' 4M5 AiCHT -UF t;SB: LESSEE shall have the
right of ingress and egress to, Ssom and upon the leased
Page 2 of 15
Luse No. '4148
67
-premises for all purposes necessary to the full quiet enjoyment
by said LESsEs of the rights conveyed herein.
6. ITNA<<�u`g==B %SE: • LESSEE shall, through its agents and
employees, prevent the unauthorized use of the leased premises
of any use thereof not ih cgnformande with this lease.
7, syMU)2= PLAN; LESSEE shall prepare and submit a
Management Plan for the leased premises, in accordance with
,
Section 253.034, Plorida Statutes, and Chapter 18-2, Florida
Administrative Code, within twelve months of the effective date
of this lease. The Management Plan shall be submitted to LESSOR
for approvai tbroWh the division of State Lande. The leased
premises shall not be developed or physically altered in any way
other than what is•necessaxy for security an¢ ntaintenanae of the
leased premises ,without the prior written approval of LESSOR
until the Management Plab is approved. The Management Plan
shall emphasize the original management concept as approved by
;XSSOR atf the time of ucquisitiop which established the primary
public purpose for which the leased premisest were acquired. The
approved Management Pian shall provide the basic guidance fox-
all
orall manag�,ment activities and shall be reviewed jointly by
LESSEE and LESSOR at least eveiy�five years. LESSEE shall not
.use or alter the leased premises except as Provided for in the
approved Management plan without the prior written approval of
LPSSOR. The Management Plan prepared under this lease shall
identify management strategies for e:;totic species, if present.
The introduction of exotic species is prohibited, except when
specifically authorized by the approved Management Plan.
a. $3-Af_,�x� F£�T tl:a: LESSOR or its duly authorized agent"s '
shall have the right at any and all times to inspect the leased `
Page 3 of 15
Lease No. 4148
68
premises end the works and operations theregn of LESSEE, in any
matter pertairdbg tQ this lease.
9. 2NZIBARt'4 LESSEE -shall procure and maintain
adequate fixe and exCeaded Tisk insurance c?verage for any
improvements or structures located on the leaeed premises in
amounts not less than the full insurable replacement value of
such fmprovemegts by preparing and delivering to the Division of
Risk Management, Department of insurance, -a completed Florida
Fixe Insurance Trust fund Cpverage Request Form imfiediately upon
erection of any st.;'uttures as allowed by paragraph 4 of this
lease. A copy of szt.d idrin and immediate notification In
writing of any erNctlon or te"moval, of structures or other
improvements on the leased premises and any changes affecting
the value of the improvements -shall be submitted to the
followings Bureau of Land Management Services, Division of
state =bands, Department of Enviximmental Protection, Mail
Station 130, 3900 Commonwealth Boulevard, Tallahassee, Florida
32399-3000.
10. LZAWLISY: LESSEE shall assist in the investigation of
injury or damage clpims eithei: for or against LESSOR or the
State of Florida pertaining to LESSEEIS ;espective areas of
responsibility under this lease or arisi0g out of LESSEE'S
respective management programs or acti.vit•ies -and; shall contact
LESSOR regarding the legal action deemed appropriate to remedy
such damage or claims.
11. Aft M-MrF07iA13CA4]4 tic i Execution 0:2 this lease
in no way affects any of. the phi:ties, ohlip tions pursuant to
chapter 267, Plorida• statutes. -The collection of artifacts pr
the disturbance of archaeological and historic sites on state-
owned lands is prohibited unless. prior authorization has been
Page 4 of 1s
Lease No.'4148
69
. V - V
obtained from the Department of state,. Div}5ion of Hictorical
Resources. The Maaagemeut Plan prepared pursuant to Section
2$3.034, Florida Statutes, snail be reviewed by the Division of
liistarical Resources. to Xnsute that adequate measures have been
planned to locate, identify, protect and preserve the
archaeological And historic site and properties on the leased
Premises.
12. EASSM7s1r1'S: A11 easements including, lout not limited to,
utility ""nts are expressly prohibited without the prior
written approval of LBS$OR. Any easement not approved in
writing by LRSSOR shall'be.void and ij}thous legal effect.
13.- SlYnTiMSE8: This lease is for tbs purposes specified herein
ax%d subleases of any nature are prohibited, without the pri.r
written ?kppFoval of LESSOR. Any sublease not approved in
writing by LESSOR shall be void and without -legal effect.
14,' Rr�mwb ^q� t+h:3+irS1 Upon termination or expiration of
,this lease LESSEE shall surrender the leased premises to TxSsm,
In the event no further use of the leased premises or any part
thereof is needed, written notifYcation shall be made to the
Bureau of Land Managemept Services, DivLgion of State Lands,
Department: of Eavironmrntal protection, Maid Station 130, 3900
Commonwealth Boulevard, Tallahassee, Florida 32399-3000, at
least silt months prior to the release of all or any pert of the
leased premises. Notification shall include a legal
description, this lease number 'and an pxplanatioh of the
rolea'se. The reieas 'sbsll only be valid if approved by LESSOR
through execution of a release of lease instrument with the same
formality as this lease_ upon release of all or any part of the
leased premises or upon expiration -pr termination of thi$ lease,
all improvements, including both physical structures and
Page 5 of 15
Lease No. 4148
70
modifications to. the lease4 premises, $hall become the property
of LESSOR, µnIeps LESSOR gives written notice to LESSEE to
remove any or al.l•• such improvements at the expense of LESSEE.
Tbn decision to retain iuy improvements upon_ termination of this
lease shall be at LESSOW S vole discretion. Prior to surrender
of all or any part of the leased premises, a reprecantative of
the Division of State, T,andsihall perform an on-site inspection
and the keys to arty buildings on the leased promisee shall be
turned .over to the Division. Yf the leased premises and
improvements located t4rvon do not meet all conditions set
forth in paragraphs 11 Arid 20 .herein, LESS$S shall pay all costs
nepa�sa,ry to meet the pre9cr4bed conditions.
,.15. ps^7 MAAlA ��_y1tA�71CkS : LSSS£E shall implement
applicable Best mW age ;it Practices for all activities
conducted under this lease in ,compliance with paragraph 18-
2.018(2)(h), Florida Administrative Code, which hava been
selected, developed, of approved by LESSOR, LESSER or other land
managing agencies for the protection and enhancement of the
leased premises.
16. A .R , C ; b _�ul_'7.lS3G_141;�rRM,. i*:Rid: LFsS= shall identify
and subsequently designate to the respective arthropod control
district or districts., within bne year of the effective date of
this lease e11 of the 4n-yiro=enta1ay .pensitivip and biologically
bighly productive lands contained within the leased premises, in
accordance with Section 388.93,11, Florida statutes and Chapter
5B-13, Florida Administrative Code, for the purpose of obtaining
a puka�ic lands arthropod control plan for such lands.
1.7. UTILITY FEPs: LESSEE shall be responsible for the payment
of all cbargges for the furnishirig'of gas, electricity, water and
Page 6 of 15
Lease No. 4148
"71
,other public utilities to'th6 leased premises and for having all
utilities turned off #r en the leased premises are surrendered.
18. Ajgjg j=, Tbis lease Wball not be assigned in whole Or
in %part -+it;b ut the prior written consent of LESSOR. Any
assignment made either in whole or in part 4it'iout the prior
written 'corisent of LESSOR shall =be void and without legal
effect.
All buildiug2 ,
structures, improvements, and signs shall bg constructed at the
expense of. LBSSg4 in aFc4rdance with plans prepared by
profesei4a designers and shall recauire the prior written
approval of LESSOR as to purpose location, and' design, further,
no trees, other, than non-native species, shall be removed or
major land alterations done without the prior written approval
of LESSOR. Removable, eQuipri:ent wad retrtmvable improvements
placed on the leased premises by I ZSSSE which do not become a
permanent part of the leased premises -will remain the property
of LESS$£ and may be r6maved by Lt:SSEE upon termination of this
leeae.
20. Y 7 AMVP. OF IMkg vUR=;, LESSSE shall maintain the
real .property FontAin&d. within the leased premises and any
improvements located thereon, in a state of good condition,
working order and repair including', but not limited to, keeping
Che leased premises free of tX-aah or litter, maintaining all
planned improvevepus, as set forth in the approved Management
Plan, meeting all building arid- safety codes in the location
situated and maintaining any and all existing roach, comas,
ditches, culverts, riders and the like in a6 good condition as
the saw rosy be at the date of this lease; provided, however,
that any removal, closure, etc_, of the above improvements shall
Page 7 of 15
Lease No. 4148
'%2
be acceptable when •the proposed activity is consistent with the
gpals of conservation, protection; and enhancement of the
natural and historical resources within the leased premises and
with the approved 1.anag meat Ilan.
21.T -o 3[�?ftsgb This laase sets forth the entire
understanding. between til ps. tie¢ ana shall vffiFy be amended with
the prior written approval of L£SsoR.
22. F.f2- ;'nS!yiQANTs:,S t Should LESS=
breach any of the cgvepai s;, terms, or condi4ons of this lease.,-
LESSOR
ease.;
LESSOR shall.glve written notice to T.S9ssR tp remady such breach
within sis;ty days of such notice.- In the event LESSB£ fails tb
remedy the breach to . ��!e "tieiaction of TMSSOR within sixty
days of receipt pf written notice, LESSOk- may either terthinate
this lease and recover -trom LtSSEE all damages LESSOR may incur
by react= of the breach includa.ng, but not limited to, the cost
of recover>ng t4 lea9ed premises or maintain this lease in full
force and effect and exercise all- rights and remedies herein
=djarxed' upon LESSOR.
23. B�cx; : ,the failure of LBSI$OR to insist in
any one or more-j4s''tances upon strAdt performance of any one or
more of the covenants, terms and conditions of this lease shall
not be .construed es 'a waiver of -such covenants, terms and
conditions, but' the .si* shall continue in full force and
effect, and no. waiver of LESSOR of any one of the provisions
hereof sh4?11 in A�ny event be deemed to have been made unless the
waiver is set forth'in writing, signed by LESSOR.
24. Pj;$TZ 'f7s1lQf, Ac3A7='d. sof tiLF+ �p._.�Lrmtr l:�Irl b�?aA>7C-P.E: Fee
title to the leased Qremises is held by LESSOR. • LtSE= shall
not do or peimit anyihing which purports to create a lien ar
encumbrande•ot tiny nature against the real property contained in
Page 8 of'15
Lease No. 97.48
73
the leased premises including, but not limited to, mortgages or
construction liens against the leased premises or against any
interest of LESSOR therein.
25, All of the provisions of this
lease shall ba deemed ooyenants running win the land included
in the leased premises, and aonatxued to be pconditic6s' as well
as "covenants* as though the words specifically expressing or
imparting covenants and cpRditicns were used in each separate
provision.
26. PAMAGS 1 K;i.} �t };};;. (ja) Lj£p$3E shall not do, or suffer
to be tigne, in, on or upon the leased premises or as affecting
said leased premises or adjacent lrroperties, any act which may
result in damage oY depreciation of valve to the leased premises
os adj aggnt' properties, or any part thereof. (b) LESSSS shall
not generate, store, uroduee, place, treat, )jelease or discharge
any contaminants, pp1likants or pollution, including, but not
limited to, hazardous Qx toxic 94sit-anaes, chemicals or other
agents on, into, os frgm the leased premises or, auy' adjacent
lands or
waters in any
manner hot permitted by
law. - For the
purposes
of this lease,
"hazardout •substanced"
ahall mean and
include
those elements
or compounds defined in
42 USC' Section
9601 or which are containgd in the list of hazardous substancea
adopted by the United States Enbiaonventa3 Protection Agency
(EPA) and the list of toxic pollutants desi-9nated by the United
St$tes Congreb* or the SPA or defined by any ether federal, state
or local statute, law, prdinaAce, code, rule, regulation, order
or, decree regulating, relating to, or imposing liability or
standards of•conduct concerning any hazardous, toxic or dangerous
waste, substance, material, pollutant or contaminant.
"Pollutants" and "pollution, shall mean, those products or
Page 9 of 15
Lease No. 4148
74
substances defined an C`haptere 376 and 403, Florida Statutes, and
the, .rules promulgated, tbpreunder, all as amended or updated frrnn
time to time. In the'eye?nt of LESSEB'S failure tp comply with
this paragraph, LESSEE shall, at its sole cost rind expense,
promptly commence and* diligently pursue any legally required
CLGS/.i:^.e, :111v951C1r7ti�:i�=t�, n.c:r,.,CSR�c:ctL', dela:t}?, d?�t-onRan�n�kiace.
.r e1m*0L'acion, _•cr;6,.: atiiir and r.1or.4. tty 01; (1 ) 01(- IC-a.atc
premis.as, and (2) all off-site ground and surface waters and
lands affected by LFSSEE'$ such -.failure to comply, as may be
necessary to bring the leased prsmisez and affected off-site'
waters and laude into full compliance With all applicable
federal, state or local 0;4tutes, laws, ordinances, codes, rules,
regulations, orders apd' decrees, aged to -restore the damaged
property to the condiaon existing immadsately prior to the
occurrence which caused the damage. LrSStEls obligations set
forth in , this par graph shall survive the termination
expiration of th;s lease. Nothing herein shgl relieve LESSEE of
any responsibility or liability prescribed by law for fines,
penalties and dasiages levied by governmental, agencies, and the
cost of cleaning up any containination caused directly r.
indirectly.by LB$SEH's activiEie's or facilities. bpon discovery
of 'a xelease of a hazardous substance or pollutant, or any other
yiolatim of local, state or federal law, ordinance, code, rule,
regulation, order or`dedz;ee relating to t_he generation, storage,
production, placement, treetment, release or discharge of any
contaminant, LtSS$E shall report such violati n to all applicable
governmental agQucies having j%irisdiction, and to LESSOR, all
.-within the :reporting periods of the-- applicable governmental
agencies.
page 10 of 13'
Lease No. 4148
75
W _ W
27,f�k?�I7�t;.liSt�: At LESSORS discretion, LESSEE shall
provide LESSOR_with a cuireni phase I Environmental Audit
conducted in aceosdanpe with,the Division of State Land's
standards pricer to temnation of this leaett, and if necessary a
Phaeb 13 Environmental Audit in compliance with paragraph 26 of
this leads agxee*ent.
2g, pfyv,jr`{l�j TaxD!;,�A_ tC.V"paI_ LESSEE shall assume full
responsibility -fpr and shall pay al•1 liabilities that accrue to
the leased premises or to the improvements thereon, including
any and all drainage and special assegsmente or taxes of every
X.iM and 311 ttteCba.iic'y lienz w: -.3:::t tHay nP
hareaftex lewfu�ly aaseseed and levied against the leased
premises.
LEssix shall !Hake available to LESSOR all
financial and other records relating to this lease and LESSOR
sha11 have the right, to audit such record at any reasonable
time_ This iight'shafi be aoniinuoua until this lease eocpires
or is tdrXd=ted. ttLi•e'leuse may be terminated by LESSOR should
LESSEE fail to`aIIcW ppbl3c access to all documents, papers,
letters or other materials made or received in cooJunction with
this lease, purpuant.tq b4pter 119.. Florida Statutes.
,
30. S,ESSEE• shall not discriminate against
any individual becat}se, of Chat individual's race, color,
religion, sex, national origin, -age, handicap, or marital status
with respect to any .activity, occurrin4- Within the leased
prem ,aes or upon lands adjacent to and used as an adjunct of the
leased preadvas.
31.. tnRA.JJUS W�11;- ;AWS LKSSKA' agrees that this lease is
contingu;tt upon. and at_ject to LESSEE obta! Hing all applicable
permits and coaplying � th all applicable permits, regulations,
ordinances, -rules-; and laws of the state of' Florida or the
United, States or of any political subdivision or agency of
either.
Page 12 of IS -
Lease No.- 4148
'76
32, Time is expressly declared to be Qf the essence of
this lease.
33.lus .n X11 twe 11ovar^.ed by sad
i::tergreted acm.-Ung to the jhwr. or -the State of Florida:
34. jk ticles, subsectiohq and other captions
contained in this lease ire for reference purposes only and are
in no intended to describe, interpret, define or limit the
scope, extent or..intent.of this lease or any provisicros thereof.
LtSSEE 91)all pay LESSOR an annual
administrative fee'gf $300. The initial Annual administrative
fee shall be payable: within 'thirty days from the date of
execution of this lease•agreement.and shall be prorated based on
the number of months or fraction thereof xemaining in the fiscal
year of execution. .For purposes of this lased agreement, the -
fiacol year shall be the period extending from JU2y i to June
30. Each annual payment thereaftex-shall be due and payable on
July 1 of each subadquent 7FeAr.
Page 12 of 15
Lease No- 4148
77
W -
w
TW W17" TjfRF9, the ;m!r tipt, hivs cmiumd- thih jttaflP. co
ba 6LLcuted on vhp-day jrani y"x first aph-,VP wz11_Li.
STATE OF FLMIDA
COLOM OF AXON.
BOARD OF TRUSTEES OF THE INTERNAL
..ImPxQVEmWT-.TR= FOND OF THE
StAtE OF FLORIDA
Dw T. CHI CHI
iaupthi; a LN rr
SERVICEf, DIVISION OF STATE
IANDS, DEPARTMENT OF
PROTECTION
"LESSOR'
,74cDi :eVokuSA ;.Tkrtr,umP.w1t was ac)m0v.L(_,dq%jd betore me tbis
da4Y 10 Vqv it - T, crabb, as
ky�Lt ZL 4 ' -0 Division of State
lands, _Flp:�744 protection, acting as
T�da
..
agent on -behalf of the Bqard of Truste" of the Internal
Improverm,pnt Twat Fund of the state of tlo is
personally )mown to me.
axy1.bli�State of ids
-
Page' 13 of 15
Lease No. 414'B
.P.rjylt,�Type Notary Name
Commission Number:
Om=ission Expires;
Approved as to FOM aii4 Legality
By -
DEP Attorney
i.
78
kmAVV
!, N1
Lc%oswm r xu-_r,
CC " G6 L,
MY ccuwrmo o-xou�
Arm,
Page' 13 of 15
Lease No. 414'B
.P.rjylt,�Type Notary Name
Commission Number:
Om=ission Expires;
Approved as to FOM aii4 Legality
By -
DEP Attorney
i.
78
RLa 4W
STATS OF:FWAIDA
COUNTY OF LEON
k:LORIDA.GAME AIM -MSH WATER
FISb COhfhuSSZ(iN
n'fir (SEAL)
y
Print
Title:
"LESSEE"
/�fha Core of g. iastr a» was acknowledged befor me this
�' of 18 hY ,ate
/�_ aar �,
- i rlcxi da Garf4 Arid Fresh
Vater Fish Commiss on. He/ -she, is Personally known to roe or
produced ,STT^ as identification.
ary Public, State of Florida
JIMMIF C. BEVIS
Print /Type Notary Name —�
Coni �eic►s NtLTO43Ya >_ n ,em m=
�z�,mmnmraaruD+remwctwe
Commission Expire:`"'
Page 14 of 15
Lease No: 4148
79
IMBIT"'A',
LEGAL DEkilPT1(511 6t THE LEASED PREMXSE9
m
A rmvtion.ol 2E of the, n,-*rv,:jnq Grant,
lndion'.River Couhtyj..Florida, boing. mq*e- porticAtIorly. described
as follows.
$eqin at on iron rod marking the Northeast cofner W the
fonds described in D.R. tlook' 678. Page 33-9 of the" Pubric
Rp.rnrek� if Indian 'Mn4e CoRuint.y."F1104do.' cmi-rLin' N 8g'.V;'16' W
PI6"16 tllg' P4*dh line of tl-,c loilds 6esvii1kimi in *Pid -O.R, DD*k
G713_ a �43 v,*".'�m`;"fq -.1 cg_ 'q')-2-11..-1 1
, 5 ieei to a poirA -F, 11;r
South IiAc of SOC.44o.n. Fleming Groi%t- Then- [un
-Ajong.-",SoLjth-vz1jLrkq a.) Section 26 and Section .25 zf.
Fleming Grant. N.44'39'18` 'W 6- distance of 2?00 feet, more
or ie;s, to a point lying' in the Eoii right-of—wby line of
Sliqte Ado'd 5 (Interstot; 95). 'Tlien run
N 1*50,02- E f9toni
,mjthd East richt—W-4i line of Interstofe
5S, a fe4'rho;j or less to a point. Then rx.,r,
-with ii;fi lJor9i lime'bf the lands
ii: G,1',. F30ok Vli. Pcgry 313R. a ofi's'mixtt of 4'.15Y feet,
mart tj? Jess. to u ;) . ofni lying it, 4wfttiV1,;y exleris,-Ort, of the
East right—of—woy lini, a, r102,rW lfr--Toc. T.-IC11
S 0X2014r k along t9c Northerly ax ension of the East
right—of—woy;,Ii-ne of 102n8jerroce ;i recorded in Plot Book
12- Page 59 of the Public Records ot, Iridian- River tWnty.
divioneo'-pl' 3730"fie., m -o -P ar icsy. ;n "lie hlortt�easi
fir— k - tm �;Ufwf pir", Ti -en I%Jfi
-rcitnp: I102r% Terr a i
W 9726116' W. a distoncW oi, 80 Iftei le u Pnint an the
West right—ei—woy of. 102nd Terrom and the POIK-j OF BEGINNING
PU&v is of is
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Indian River County
Interoffice Memorandum
Office of Management & Budget
To: Members of the Board of County Commissio
From: Jason E. Brown
Director, Office of Management & Budget
Date: January 25, 2016
Subject: Miscellaneous Budget Amendment 012
Description and Conditions
The attached budget amendment appropriates funding necessary for the following:
Consent Agenda
M
1. On January 12, 2016 the Board of County Commissioners approved an agreement for
developer contributions to road improvements/asphalt millings on 45th Street west of 66th
Avenue. The attached entry appropriates $20,000 for this expenditure provided by developer
contributions.
2. On January 12, 2016 the Board of County Commissioners approved the Safe Routes to
School Non -Infrastructure Grant Renewal in the amount of $64,994. The attached entry
appropriates these grant funds.
3. On January 19, 2016 the Board of County Commissioners approved the Florida Fish and
Wildlife Conservation Commission Grant and associated matching funds to construct the
Indian River County Shooting Range Hunter Education Classroom. The attached entry
appropriates these grant funds totaling $144,000, and the match of $316,000 from Optional
Sales Tax/Cash Forward Oct 1st
4. Human Services has received a $500 donation from Florida Power & Light to purchase
medicine for families in need of assistance. The attached entry appropriates funding to
Human Services/Medicine.
5. On November 17, 2015 the Board of County Commissioners approved Work Order No.2 for
Fire Station #7 Modular. The attached entry appropriates funding in the amount of $190,712
from Emergency Services District/Reserve for Contingency.
6. The annual Microsoft Enterprise Agreement fee was higher than anticipated due to a change
in the contract. The attached entry appropriates $413 from MSTU Fund/Reserve for
Contingency and $1,444 from Transportation Fund/Reserve for Contingency.
7. The Human Resources Department is in need of a replacement computer to operate the new
badge machine. The attached entry appropriates funding in the amount of $1,250 from
General Fund/Reserve for Contingency.
8. Due to challenges in filling vacant Building Inspector positions and an increase in Building
permit activities, the Building Department has requested $250,000 to fund various private
provider services to fill the gaps. The attached entry appropriates funding from Building
Department/Cash Forward Oct 18t.
83
Board of County Commissioners
January 25, 2016
Page 2of2
9. On January 12, 2016 staff recommended replacement of the HVAC controls at the County
Administrative Complex, EOC, Road & Bridge Complex and the Sheriffs Administrative Office.
At the meeting, the Board tabled this item due to the fact that another (energy saving)
alternative was under consideration. Staff has since researched this matter further and has
determined that the purchase would not jeopardize any potential energy savings that are being
explored. Additionally, staff will ensure that the controls purchased will be compatible with the
energy savings measures under consideration. The attached entry appropriates funding in the
amount of $266,745 from Optional Sales Tax/Cash Forward Oct 1St
10. On December 1, 2015 the Board of County Commissioners approved repairing 4 of the
geothermal heater/chiller units at the North County Aquatics Center. While the repairs were
being completed it was found that one of the units that was thought to need only repairs will
need to be replaced entirely. The attached entry appropriates funding in the amount of
$16,479 from MSTU Fund/Reserve for Contingency.
11;. At Historic Dodgertown some additional materials and supplies are needed to complete the
seating project at an estimated cost of $5,000. The attached entry appropriates funding from
Tourist Tax/Cash Forward Oct 1st
Staff Recommendation
Staff recommends that the Board of Commissioners approve the attached budget resolution
amending the fiscal year 2015/2016 budget.
Attachments
Budget Amendment 012 and Resolution
APPROVED AGENDA ITEM:
BY
Toseih A. Baird
County Administrator
: February 2, 2016
Indian River County
roved
Date
Administrator
J -7 t k
Legal
Budget
Department
Risk Management
94
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
M
Deputy Clerk
INDIAN RIVER COUNTY, FLORIDA
Board of County Commissioners
Bob Solari, Chairman
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BY
COUNTY ATTORNEY gg
Exhibit "A"
Resolution No. 2016-
t�
Budget Office Approval: V Budget Amendment: 012
Jason E. Bro , Budget Director
Entry
Number
Fund/ Departme
U unt Name
Account Number
Increase
Decrease
1.
Revenues
Secondary Road s/Miscel[aneous/Other Contributions/45th
St Millings
109038-366090-16016
$20,000
$0
Total Revenues
$20,000
$0
Expenses
Secondary Roads/Road 8 Bridge/45th St Millings
10921441-053360-16016
$20,000
$0
Total Expenses
$20,000
$0
2.
Revenues
MPO/Intergovernmental/FDOT Safe Routes Grant
124033-331400-14811
$64,994
$0
MPO/Non-Revenue/Cash Forward Oct 1st
124039-389040
$0
$56,758
Total Revenues
$64,994
$56,758
Expenses
MPO/Planning/Other Contractual Services/FOOT Safe
Routes Grant
12420415-033490-14811
$6,236
$0
Total Expenses
$8,236
$0
3.
Revenues
Optional Sales Tax/lntergovernmental/Hunter Education
Classroom
315033-331700-16017
$144,000
$0
Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st
315039-389040
$316,000
$0
Total Revenues
$460,000
$0
Expenses
Optional Sales Tax/Parks/Construction in Progress/Hunter
Education Classroom
31521072-066510-16017
$460,000
$0
Total Expenses
$460,000
$0
4.
Revenues
General Fund/Miscellaneous/Other Contribution/Donation
109038-366090-16016
$500
$0
Total Revenues
$500
$0
Expenses
General Fund/Human Services/Medicine 8 Medical
Supplies
00121164-035270
$500
$0
Total Expenses
$500
$0
86
Exhibit "A"
Resolution No. 2016 -
Budget Office Approval: v Budget Amendment: 012
Jason E. Irown, udget Director
Entry
Number
Fund/ De a /
P f�t/Account Name
Account Number
Increase
Decrease
5.
Expenses
Emergency Services District/Fire Rescue/Other
Buildings/Modular Buildings -Stations 1 & 7
11412022-066290-15020
$190,712
$0
Emergency Services District/Fire Rescue/Reserve for
Contingency
11412022-099910
$0
$190,712
Total Expenses
$190,712
$190,712
6.
Expenses
MSTU Fund/Shooting Range/Computer Software
00416172-035120
$46
$0
MSTU Fund/County Planning/Computer Software
00420515-035120
$367
$0
MSTU Fund/Reserve for Contingency
00419981-099910
$0
$413
Transportation Fund/Public Works/Computer Software
11124319-035120
$1,444
$0
Transportation Fund/Reserve for Contingency
11119981-099910
$0
$1,444
Total Expenses
$1,857
$1,857
7.
Expenses
General Fund/Human Resources/EDP Equipment
00120313-066470
$1,250
$0
General Fund/Reserves/Reserve for Contingency
00119981-099910
$0
$1,250
Total Expenses
$1,250
$1,250
8.
Revenues
County Building/Non-Revenue/Cash Forward Oct 1st
441039-389040
$250,000
$0
Total Revenues
$250,000
$0
Expenses
County Building/Building Department/Other Professional
Services
44123324-033190
$250,000
$0
Total Expenses
$250,000
$0
9.
Revenues
Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st
315039-389040
$266,745
$0
Total Revenues
$266,745
$0
Expenses
Optional Sales Tax/Facilities Management/Other
Improvements Except Building
31522019-066390
$266,745
$0
Total Expenses
$266,745
$0
87
Exhibit "A"
Resolution No. 2016 -
Budget Office Approval: Budget Amendment: 012
Jason E. Br wn, B dget Director
Entry
Number
Fund/Dep enU account Name
Account Number
Increase
Decrease
10.
Expenses
MSTU Fund/North County Aquatics Center/Maintenance-
Other Equipment
$16,479
$0
MSTU Fund/Reserves/Reserve for Contingency
00419981-099910
$0
$16,479
Total Expenses
$16,479
$16,479
11.
Revenues
Tourist Tax/Non-Revenue/Cash Forward Oct 1st
119039-389040
$5,000
$0
Total Revenues
$5,000
$0
Expenses
Tourist Tax/Dodgertown/Maintenance-Other Equipment
11916272-034690
$5,000
$0
Total Expenses
$5,000
$0
88
c! )'`SFN I;
INDIAN RIVER COUNTY i
MEMORANDUM
TO: Joseph A. Baird
County Administrator
DEPARTMENT HEAD CONCURRENCE:
Stan Boling, AWP
Community Development Director
THROUGH: Roland M. DeBlois, AICP"
Chief, Environmental Planning
& Code Enforcement
FROM: Kelly BucWht
Code Enfor Officer
DATE: 1/25/2016
RE: Full Gospel Assembly Inc. of Vero Beach's Request for Release of Easements at
1305 Old Dixie Highway SW (Dixie Heights Subdivision Unit 3)
It is requested that the Board of County Commissioners formally consider the following information at
its regular meeting on February 2, 2016.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Full Gospel Assembly Inc. of Vero Beach, owner of three adjacent
lots at 1305 Old Dixie Highway SW in Dixie Heights Subdivision, for release of common 10 -foot rear
lot line drainage and utility easements on the lots. The purpose of the easements release request is to
allow for expansion of an existing church and parking area on the combined lots (see attached maps).
ANALYSIS
The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services;
the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions;
and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to
the requested release of easements. Therefore, it is staffs position that the requested easements release
would have no adverse impact to drainage or to utilities being supplied to the subject property or to other
properties.
RECOMMENDATION
Staff recommends that the Board, through adoption of the attached resolution, approve release of the
common 10 -foot rear lot line drainage and utility easements described in the resolution.
89
Full Gospel Assembly Inc. of Vero Beach
Release of Easements
Page 2
ATTACHMENTS
1. Map(s) depicting easement proposed for release.
2. Proposed County Resolution Releasing Easement.
APPROVED:
FOR: Februaa 2 2016
BY:
ease.kcmemo
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PAVING, GRADING AND DRAINAGE SITE PLAN Z
r.2Mr-o-
ATTAcmmENT 1
93
RESOLUTION NO. 2016 -
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING
EASEMENTS ON LOTS 9, 10 AND 11 OF BLOCK K, DIXIE HEIGHTS SUBDIVISION
UNIT 3
WHEREAS, Indian River County has an interest in drainage and utility easements on Lots 9, 10 and
11 of Block K, Dixie Heights Subdivision Unit 3; and
WHEREAS, the retention of those easements, as described below, serves no public purpose;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida that:
INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest
that it may have in the following described easements:
the south rear lot line ten (10) foot drainage and utility easement on Lot 9, and the north rear lot
line ten (10) foot drainage and utility easements on Lots 10 and I1, Block 1, Dixie Heights Subdivision
Unit No. 3, according to the plat thereof recorded in Plat Book 4, Page 84, of the Public Records of
Indian River County, Florida.
This release of easement is executed by Indian River County, a political subdivision of the State of
Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960.
THIS RESOLUTION was moved for adoption by Commissioner
Commissioner , and adopted on the
2016, by the following vote:
Chairman Bob Solari
Vice -Chairman Joseph E. Flescher -
Commissioner Wesley S. Davis
Commissioner Peter D. O'Bryan
Commissioner Tim Zorc
, seconded by
_ day of
The Chairman declared the resolution duly passed and adopted this "-day of
___ 52016.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ILO
Bob Solari, Chairman
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
Deputy Clerk
ATTAcHmENT 2
94
RESOLUTION NO. 2016 -
APPROVED AS TO LEGAL FORM:
A- " - f )JO
County Attorny
em.bccdoc
proj/apl. no. 99100004/93613
Cc: Applicant:
FULL GOSPEL ASSEMBLY INC OF VERO BEACH
1305 OLD DIXIE HWY SW
VERO BEACH, FL 32962
.9S
CONSELVT,A•GENDA
vrl
INDIAN RIVER COUNTY, FLORIDA
PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION
INTER -OFFICE MEMORANDUM
TO: Joseph A. Baird,
County Administrator
THROUGH: Christopher R. Mora, P.E.
Public Works Director
FROM: Kimberly Graham,
County Traffic Eng,
SUBJECT: Traffic Video Detection at Beachland/SRAlA and SR60/27th Avenue:
Board Approval For Trade-in and Purchase Of Two (2) Video Detection Cameras
DATE: January 14, 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 two (2) traffic video detection cameras and
purchase two (2) traffic video detection cameras. The cameras are damaged and have minimal
salvage value. The new cameras are needed to maintain the County's traffic video detection
system at the intersection of Beachland and Mockingbird and SR60 and 271 Avenue.
The cost of the replacement cameras is $2,700.00 and the trade-in value of the damaged cameras
is $650.00, resulting in a net purchase price of $2,050.
FUNDING
Funding for the purchase will come from a transfer from Traffic Engineering/Maintenance-
Traffic Signals (11124541-034670) to Traffic Engineering/Other Machinery & Equipment
(11124541-066490).
ATTACHMENTS
Office of Management & Budget Approved Disposal of Excess Property Memorandum
F•1TRAFFIC\MAYA\BCC AGENDA ITEMMAGENDA rTEMS\2012-2016WGENDA ITEM MEMO TRADE-IN ITERIS VIDEO DETECTION CAMERASFEBRUARY 2 9,6201CLDM
Page 2
Consent Agenda Item For February 2, 2016 BCC Meeting
Traffic Video Detection Cameras Trade -In and Replacement
.January 14, 2016
RECOMMENDATIONS
Staff recommends that the Board declare the cameras surplus, approve the transaction and
authorize staff to trade-in two (2) traffic video detection cameras and purchase two (2) new traffic
video detection cameras.
APPROVED AGENDA ITEM
FOR: February 2, 2016
Indian River County A d
Date
Administration
%7
Budget
Legal
Risk h4aaagemem
Public Works
Traffic Engineering
Purchasing
Ib
U
F-\TRAFFIC\MAYA\BCC AGENDA ITEMS\AGENDA rrEMMTRADE-IN ITERIS VIDEO DETECTION CAMERAS.FEBRUARY 2 2016.DOC .97
INDIAN RIVER COUNTY
FORM FOR DISPOSAUI RANSFER OF EXCESS PROPERTY •
TO: Raeanne Cone, Finance Department
DATE: January 14, 2016
SUBJECT: Disposal/Transfer of Excess Property
FROM: Kenny Jordan
Check One: Surplus Transfer Trade -In X Non -Capital Missing/Stolen
Asset Number N/A Department: Public Works/Traffic Eng. Fleet Number. N/A
Serial Number: RZ3 #1\'06040838687 AND RZ4 #K03032315217
Description: Iteris RZ3 & RZ4 Traffic Video Detection Cameras
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 functionaUR'ORKING CONDITION and could be used by another department? Yes No X
If not in working condition, description of problems with item: Cameras are not detecting vehicles
If transfer, department transferred to: N/A
Contact Person: Kenny Jordan Telephone Number: (772) 633-0302
Physical Location of asset: Traffic Operations - 4548 41st Street
(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 Order Number for Replacement: Date Replacement Received
Approval
Director
If asset transfer, approval of department receiving asset
Approval
Director
Additional Comments:
To be completed by Budget Department:
Approved for: Srlus I
Budget 1
Director
i
Trade -In Replacement
IVB
/ f
B e
Date
Date
Date
IT IS THE DISPOSIN DEP RTME.N 1-S RESPONSIBILITY TO KEEP THE ITEM UNTIL FACILITIES MANAGEMENT CAN PICK UP.
DO NO'f RFM
§WE PROPERTY FROM YOUR 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
98
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION
Any organization or individual wishing to address the Board of County Commission shall complete this
form and submit it to the Indian River County Administrator's Office.
PUBLIC DISCUSSION INFORMATION
Indian River County Code Section 102.04(10)(b): as a general rule, public discussion
items should be limited to matters on which the commission may take action
Indian River County Code Section 102.07(2): limit remarks to three minutes unless
additional time is granted by the commission
NAME OF INDIVIDUAL OR ORGANIZATION: Jason Redmon, Indian River Sports Complex
ADDRESS: 2538 12" Square, S.W., Vero Beach, Florida PHONE: 772-501-6535
SUBJECT MATTER FOR DISCUSSION: Follow-up on Conversation on 16'h Avenue Sports Complex
IS A PRESENTATION PLANNED?
IS BACK-UP BEING PROVIDED
IS THIS AN APPEAL OF A DECISION
WHAT RESOLUTION ARE YOU
REQUESTING OF THE COMMISSION?
YES NO
YES NO
YES NO
Update from Commission
ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO
WHAT FUNDS OR ACTIVITIES ARE
REQUIRED TO MEET THIS REQUEST?
Transmitted to Administrator Via:
Interactive Web Form
E -Mail
Fax
Mail
Hand Delivered
Phone
COUNTY ADMINISTR
MEETING DATE:
Document2 Board Approved I IM06
99
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 26, 2016
Subject: Rental Agreement Proposal for Hobart Baseball Fields.
RECREATION
IdC3�
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 two 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 is a 501(c)(3) Nonprofit Association dedicated to the
development of competitive travel baseball teams in Indian River County (the "Club"). They
manage 4 organized baseball teams serving approximately 50 players ranging in age from 9 to 13.
The Club is proposing a commitment to rent the fields for a minimum of 300 hours annually for up
to 5 years at a reduced rate that reflects a 50% volume discount off of the standard rental rate. They
also propose to construct permanent improvements which will inure to the ownership of the
County. The Club proposes to be granted credit toward the rent due for each verified expenditure
by the Club toward capital improvements made and funded by the Club. Rent is to be reconciled
monthly.
ALTERNATIVES AND ANALYSIS:
The proposed Rental Agreement includes an initial two year term with 3 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 be owned by 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.
100
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.
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: 6a, r%A r., , .�.
'Joseph A. Baird
County Administrator
FOR: February 2, 2016
Indian River County Approved nate
Administration
County Attomey 1
Budget I
Department t
Risk Management
101
58TH AVENUE/HOBART PARK BALLFIELDS
RENTAL AGREEMENT
THIS 58TH AVENUE/HOBART PARK BALLFIELDS RENTAL AGREEMENT
(hereinafter "Agreement") is entered into as of the _ day of February, 2016 (hereinafter
"Effective Date") by and between Indian River County, Florida, a political subdivision of
the State of Florida ("County") and Michael Paul Massey d/b/a 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, the Baseball Club of the Treasure Coast is a not-for-profit organization
dedicated to the development of competitive travel baseball teams in Indian River County,
managing four organized baseball teams serving approximately fifty players ranging in
age from nine -to thirteen.
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 will rent the Ballfields for a total of not less than 300 hours
annually;
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
Page 1 of 7
i02
renewable for three (3) 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.
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 Raters). All rent due shall be due monthly. At the end of each month, the County
will provide an invoice to the Baseball Club for the previous month's rent. The Baseball
Club will have five business days to pay the invoice. Cancellations shall be confirmed at
least 5 days in advance to avoid being charged, except that cancellations due to inclement
weather, including but not limited to rain, lighting or unfit conditions of the Ballrield, 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 monthly rent payment due under the
Agreement. Any unused credits shall be rolled over and applied to the next monthly billing
cycle. Any remaining cash balance due shall be calculated at the Adjusted Rental Rate
and invoiced to the Baseball Club as part of the monthly invoice set forth in this section
above.
Regardless of cancellations, annually the Baseball Club shall pay for a minimum of 300
hours of fields and 100 .hours of lights at the Ballfields. Any amount owed due to the
Baseball Club not meeting the minimum hours required under this Section for fields or
lights shall be included in the invoice for February each year.
Section 4. Non -Exclusive Use of the Ballfields. The Baseball Club shall have the
exclusive reservation of 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 fol- 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 S. Linira and Dragging Eche 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. The
maintenance set forth in this Section 5 shall not be allowed to be used for credit per
Section 3 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
Page 2. of 7
103
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
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 f=ences. 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. Within 21 days of the Effective Date of this
Agreement, the Baseball Club shall provide the County with evidence of insurance,
including commercial general liability, and if applicable,. automobile liability and workers'
Page 3 of 7
1,04
compensation, for ail of its organized baseball teams. If the Baseball Club adds any
additional organized baseball teams, the Baseball Club shall provide such evidence within
14 days of such addition. 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
discretion, require additional insurance coverages or specific coverage amounts, 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
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 Aegly. 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
everyprovision of this Agreement.
Page 4 of 7
05
B. Force Maieure/Emer-gency. 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.
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/Interprotation of Agreement. Each party has participated
equally in the negotiation and drafting of this Agreement. in the event that an arbitration
panel or courtis 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.
Page 5 of 7
106
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. Emer-gency County Use. In an emergency declared by the appropriate
authorities under Chapter 252, Florida Statutes, the County reserves the right to use the
Ballfields as a part of its emergency response and recovery operation as long as
reasonably necessary in the County's opinion.
K. 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.
L. 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
If to the Baseball Club
County Administrator
Indian River County
1801 27th Street
Vero Beach, Florida 32960
Michael Paul Massey
466 33rd Avenue SW
Vero Beach, FL 32968
M. 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
LM
Deputy Clerk
(Affix Seal)
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY ("Indian River
County")
M
Bob Solari, Chairman
Approved by BCC: February _, 2016.
Page 6 of 7
107
Approved: Approved as to form and legal sufl•iciency:
B.y: By.
Joseph A. Baird an Reingold
County Administrator County Attomey
ATTEST: MICHAEL PAUL MASSEY /d/b/a 1
Baseball Club of the Treasure Coast
(Affix Seal)
By:
Date:
2016.
Page 7 of 7
108
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INDIAN RI`V"ER COUNTY
MEMORANDUM
TO: Board of County Commissioners
THROUGH: Chris Mora, Public Works Director
FROM: 411liam K. DeBraal, Deputy County Attorney
DATE: January 22, 2016
ATTORNEY
SUBJECT: Purchase of Five Lots Located at 58th Avenue North of 57th Street Owned by
Bent Pine Golf Club, Inc.
In 1991, Bent Pine Golf Club, Inc. (Bent Pine.) bought five lots on the west side of 58th Avenue just
north of 57'h Street. An aerial photo of the lots is attached to this memorandum. You will see that
the northern most lot is a double lot. All of these lots front 58th Avenue for ingress and egress. The
properties are zoned RS -3, residential, up to 3 units per acre with an underlying future Land Use
Designation of L-2, residential, up to six units per acre. The lots are unimproved with no structures
on them.
Bent Pine originally purchased the lots to serve as a buffer to their subdivision entrance. As the
years have gone by, changes have occurred around the Bent Pine entrance, including the
development of Vero Lago subdivision and the addition of a traffic signal at the intersection of 58"'
Avenue and 57th Street. These changes contributed to Bent Pine redesigning its entrance to the
current shared roundabout with Vero Lago. This alignment now provide alignments with 57" Street
for ingress/egress via a traffic light at 581 Avenue. Bent Pine has determined it no longer needs the
lots to serve as a buffer and their attorney, Brad Rossway, has approached County staff to inquire
whether the County would be interested in purchasing the lots.
Staff has determined that purchasing these lots would be beneficial for use as right-of-way or a linear
retention pond if 581 Avenue or the intersection needs to be expanded in the future The County
retained the services of Bob Oliver and Associates, a local appraiser, who valued the lots at $8,500
a piece for a total value of $51,000.00. For appraisal purposes, the northern most double lot was
appraised as two single lots (6 lots x $8,500 = $51,000) The County Attorney's Office drafted the
attached Agreement to Purchase and Sell Real Estate and furnished it to Mr. Rossway for
presentation to the Bent Pine Board of Directors who approved sale of the lots at the appraised price
Ineiz9 Rivet Ga AO .coed Dale
A:••_3PROVED FOR`_ Admin. ,ice I Z -11j
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REGULAR AGE 'DA 2 t_ _
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110.
Purchase of Bent Pine Lots
January 22, 2016
Page 2
According to the subdivision by-laws, the sale of real property owned by Bent Pine must be approved
by its members at their annual membership meeting coming up in March 2016. Should the Board of
County Commissioners approve the purchase agreement, the matter will be placed on the agenda
for the Bent Pine owner's annual meeting. Pending approval by Bent Pine, the transaction would
close in April.
Funding. Funding for this expenditure is available from Optional Sales Tax/Misc ROW — 31521441-
066120
Recommendation. Staff recommends the Board approve the Agreement to Purchase and Sell Real
Estate with Bent Pine for the lots at a price of $51,000 and authorize the Chairman to execute the
Agreement on behalf of the Board
Attachments- Aerial photo
Agreement to Purchase and Sell Real Estate
Copies to: Chris Mora, Public Works Director
Brad Rossway, Esq.
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AGREEMENT TO PURCHASE AND SELL REAL ESTATE
THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is
made and entered into as of the day of , 2016, by and between
Indian River County ("County"), a political subdivision of the State of Florida, whose
address is 1801 2711 Street, Vero Beach, FL 32960 and Bent Pine Golf Club, Inc.
("Sellers"), a Florida not for profit corporation, whose address is 6001 Club House Drive,
Vero Beach, FL, 32967-4599, who agree as follows:
1. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County,
and the County hereby agrees to purchase from Seller, upon the terms and conditions set
forth in this Agreement, those five (5) certain parcels of real property located at 5775
(double lot), 5745, 5735, 5725 and 5715 58th Avenue, County of Indian River, State of
Florida and more specifically described on Exhibit "A" attached hereto and incorporated by
this reference, containing a total of approximately 1.16 acres, and all improvements
thereon, together with -all easements, rights and uses now or hereafter belonging thereto
(collectively, the "Property").
2. Purchase Price, Effective Date. The purchase price (the "Purchase Price") for
Property shall be Fifty -One Thousand and 00/00 Dollars ($51,000.00). The Purchase
Price shall be paid on the Closing Date. The Effective Date of -this Agreement shall be the
date upon which the County shall have approved the execution of this Agreement, by
approval by the Indian River County Board of County Commissioners at a formal meeting
of such Board. This Agreement is contingent upon approval by the Bent Pine members at
its annual meeting of members in March 2016.
3. Title. Seller shall convey marketable title to the Property by warranty deed free of
claims, liens, easements and encumbrances of record or known to Seller; but subject to
property taxes for the year of Closing and covenants, restrictions and public utility
easements of record provided (a) there exists at Closing no violation of any of the
foregoing; and (b) none of the foregoing prevents County's intended use and development
of the Property ("Permitted Exceptions").
3.1 County may order an Ownership and Encumbrance Report or Title Insurance
Commitment with respect to the Property. County shall within fifteen (15) days following
the Effective Date of this Agreement deliver written notice to Seller of title defects. Title
shall be deemed acceptable to County if (a) County fails to deliver notice of defects within
the time specified, or (b) County delivers notice and Seller cures the defects within thirty
(30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall
use best efforts to cure the defects within the Curative Period and if the title defects are not
cured within the Curative Period, County shall have thirty (30) days from the end of the
Curative Period to elect, by written notice to Seller, to: (i) terminate this Agreement,
whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up
to an additional 90 days; or (iii) accept title subject to existing defects and proceed to
closing.
F-1AttorneMi11\Agreements\Bent Pine 58th Avenue IotlPurchase Contract.doc - I -
1 T3
4. Representations of the Seller.
4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the
sole owner of and has good right, title, and authority to convey and transfer the Property
which is the subject matter of this Agreement, free and clear of all liens and
encumbrances.
4.2 From and after the Effective Date of this Agreement, Seller shall take no action
which would impair or otherwise affect title to any portion of the Property, and shall record
no documents in the Public Records which would affect title to the Property, without the
prior written consent of the County.
4.3 There are no existing or pending special assessments affecting the Property, which
are or may be assessed by any governmental authority, water or sewer authority, school
district, drainage district or any other special taxing district.
5. Default.
5.1 , In the event the County shall fail to perform any of its obligations hereunder, the
Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor
any other person or party shall have any claim for specific performance, damages, or
otherwise against the County; or (ii) waive the County's default and proceed to Closing.
5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the
County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice
delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor
any other person or party shall have any claim for specific performance, damages or
otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions
hereof; or (iii) waive the Seller's default and proceed to Closing:
6. Closing.
6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date")
shall take place within 60 days following the Effective Date of this Agreement. The parties
agree that the Closing shall be as follows:
(a) The Seller shall execute and deliver to the County a warranty deed conveying
marketable title to the Property, free and clear of all liens and encumbrances and in the
condition required by paragraph 3.
(b) The Seller shall have removed all of its personal property and equipment from the
Property and Seller shall deliver possession of the Property to County vacant and in the
same or better condition that existed at the Effective Date hereof.
F-1Attorne)kBi11\AgreementskHent Pine 58th Avenue Iot3Purchase Contraadoc - 2
(c) If Seller is obligated to discharge any encumbrances at or prior to Closing and falls
to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances.
(d) If the Seiler is a non-resident alien or foreign entity, Seller shall deliver to the County
an affidavit, in a form acceptable to the County, certifying that the Seller and any interest
holders are not subject to tax under the Foreign Investment and Real Property Tax Act of
1980.
(e) The Seller and the County shall each deliver to the other such other documents or
instruments as may reasonably be required to Close this transaction.
6.2 Taxes. All taxes and special assessments which are a lien upon the property on or
prior to the Closing Date (except current taxes which are not yet due and payable)
shall be paid by the Seller.
7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing
documents.
7.1 County shall pay the following expenses at Closing:
7.1.1 The cost of recording the warranty deed and any release or satisfaction
obtained by Seller pursuant to this Agreement.
7.1.2 Documentary Stamps required to be affixed to the warranty deed.
7.1.3 All costs and premiums for the owner's marketability title insurance
commitment and policy, if any.
7.2 Seller shall pay the following expenses at or prior to Closing:
7.2.1 All costs necessary to cure title defects) or encumbrances, other than the
Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or
encumbrances upon the Property.
8. Miscellaneous.
8.1 Controlling Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of Florida. Venue shall be in Indian River County for all state
court matters, and in the Southern District of Florida for all federal court matters.
8.2 Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to this transaction and supersedes all prior agreements, written or
oral, between the Seller and the County relating to the subject matter hereof. Any
F•Wttome)kBi1Mgreements\Bent Pine 58th Avenue IottPurchase Contract.doc .3 -
115
modification or amendment to this Agreement shall be effective only if in writing and
executed by each of the parties.
8_3 Assignment and Binding Effect Neither County nor Seller may assign its rights and
obligations under this Agreement without the prior written consent of the other party. The
terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and
their successors and assigns.
8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by
certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile
transmission, as follows:
If to Seller-: Bent Pine Golf Club, Inc.
6001 Club House Drive
Vero Beach, FL, 32967-4599
If to County: Indian River County
1801 27th Street
Vero Beach, FL 32960
Attn: Public Works Director
Either party may change the information above by giving written notice of such change as
provided in this paragraph.
8.5 Survival and Benefit. Except as otherwise expressly provided herein, each
agreement, representation or warranty made in this Agreement by or on behalf of either
party, or in any instruments delivered pursuant hereto or in connection herewith, shall
survive the Closing Date and the consummation of the transaction provided for herein
The covenants, agreements and undertakings of each of the parties hereto are made
solely for the benefit of, and may be relied on only by the other party hereto, its successors
and assigns, and are not made for the benefit of, nor may they be relied upon, by any other
person whatsoever.
8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to
this Agreement, each party shall bear its own attorney's fees, costs, and expenses.
8.7 Counterparts. This Agreement may be executed in two or more counterparts, each
one of which shall constitute an original.
8.8. County Approval Re'
uired: This Agreement is subject to approval by the Indian
River County as set forth in paragraph 2.
8_9 Beneficial Interest Disclosure: In the event Seller is a partnership, limited
partnership, corporation, trust, or any form of representative capacity whatsoever for
others, Seller shall provide a fully completed, executed, and sworn beneficial interest
F-1Attorne)k13iJMgreements\Bent Pine 58th Avenue fodPurchasc Contractdoc
4-
116'
disclosure statement in the form attached to this Agreement as an exhibit that complies
with all of the provisions of Florida Statutes Section 286.23 prior to approval of this
Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a),
the beneficial interest in any entity registered with the Federal Securities and Exchange
Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for
sale to the general public, is exempt from disclosure; and where the Seller is a non-public
entity, that Seller is not required to disclose persons or entities holding less than five (5%)
percent of the beneficial interest in Seller.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the
date first set forth above.
SELLER:
BENT PINE GOLF CLUB, INC.
By:
Printed Name:
Its.
Date approved by Board:
Witnessed by:
Printed Name:
Printed Name:
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
13
Bob Solari, Chairman
Date Approved by Board:
Attest: Jeffrey R. Smith, Clerk of the
Court and Comptroller
M
Deputy Clerk
Approved as to form and
Legal sufficiency
&"- - oij
William K: DeBraal
Deputy County Attorney
F 1Attorne)ABiIIWgreementsiBent Pine 58th Avenue IotWurchase Contract.doc
_;-
1�7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
KINGS MUSIC LANDS SUB 1,
BLK 1 LOTS 10 & 11
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 13
PBI 6-17 -
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 14 -
PBI 6-17
KINGS MUSIC LANDS SUB I
BLK I LOT 15
PBI 6-17
KINGS MUSIC LANDS SUB 1
BLK 1 LOT 16
PBI 6-17
F:WttomeABilhAgreementsiBent Pine 58th Avenue loLWurchase Contract.doc
-6-
!3
Attorney's Matters - B.C.C. 2.2.16
Office of
INDIAN RIVER COUNTY
Dylan Reingold, County Attorney
Virilliatn K. DeBraA Deputy County Attorney
Kate Pingolt Cotner, Assistant County attorney
MEMORANDUM
TO: Board of County Commissioners
FROM: Dylan Reingold, County Attorney
�r
ATTORNEY
DATE: January 20, 2016
SUBJECT: All Aboard Florida St. Johns River Water Management District Permit Outside Counsel
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 addition 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.
Approved for February 2, 2016 BCC Meeting
Attorne 's Matters
COUNTY ATTORNEY
F ULW"yUakCdE7,EWtBCC'Aarxb Mee MHA&wad Fonda Duanu Femk Artornry.dx
Indian River Co.
A oved Date
Admin.
1 7
Co. Atty.
Budget
Department
Rist: Management
3-/ --
lig.
Board of County Commissioners
January 20, 2016
Page Two
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.
On January 19, 2016, the Indian River County Board of County Commissioners (the "Board") authorized
the County Attorney's Office 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 to identify options for
potential challenges, if necessary. At the time, the County Attorney's Office stated it would bring a
contract to the Board for approval. The County Attorney's Office recommends that the Board hire Shubin
& Bass, P.A. Shubin & Bass, P.A. is a boutique law firm with experience in litigation and administrative
proceedings involving land use, zoning and environmental matters. Attached is a proposed retainer
agreement. Shubin & Bass, P.A. charge their governmental clients a blended rate of $$295.00 per hour
meaning that all attorneys, regardless of their hourly rates (which range from $215 to $650 per hour) shall
be billed to Indian River County at this hourly rate. Paralegal time will be billed at $85.00 per hour.
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 approve the retainer agreement with Shubin &
Bass, P.A. and authorize the County Attorney to execute same.
ATTACHMENT(S).
Proposed Retainer Agreement
F'�A�wnq+L+da4GEA'QtAL�B C CltgndoM.WYAUAbo dFknd. DLMI PmWt Arr—,YAx
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C Z C- N A S
January 20, 2016
Via E -Mail Transmission
Mr. Dylan Reingold, Esq.
County Attorney, Indian River County
County Attorney's Office
180127' Street
Vero Beach, Florida 32960-3365
drein old irc og_v.com
Re: Agreement for Legal Services by and Between Shubin A Bass, P.A.
and Indian River County
Dear County Attorney Reingold:
This Agreement for Legal Services ("Agreement') represents the agreement of Indian
River County ("County," "you" or "Client"} to retain Shubin & Bass, P.A. ("Legal Counsel") to
perform legal services for the County. This letter is intended to set forth our understanding as to
the nature and scope of the legal services we have agreed to render for you, the manner in which
our fees for these services shall be determined, and the terms upon which you will make payment
of our fees and costs.
1. Nature of Legal Services: The County has agreed to retain Legal Counsel to
represent its interests with respect to evaluating the propriety of the St. Johns River Water
Management District permitting process for the All Aboard Florida project, including but not
limited to, any and all subsequent legal and/or administrative challenges of any permits.
2. Fees and Costs for Services: Except as otherwise provided herein, Legal Counsel
acknowledges and agrees that its fees shall be calculated on a discounted hourly basis. The
discounted hourly rate for all the firm's attorneys shall be a "blended rate" of $295.00, meaning
that all attorneys, regardless of their hourly rates (which range from $215 to $675/hr) shall be
billed to the County at this hourly rate. Paralegal time shall be billed at $85.00 per hour. Legal
counsel shall keep track of its time on an hourly basis, as set forth above, and the County shall be
provided with monthly invoices of such time.
You also agree to be responsible for the payment of any costs reasonably necessary to assist
this firm in its representation of you. For purposes of this Agreement, "costs" shall include, but
not be limited to, the following: filing fees, photocopying charges,. facsimile charges, witness fees,
expert witness costs, deposition costs, court reporter costs, travel expenses, and all other out-of-
pocket expenses incurred on your behalf. Reimbursement of costs shall be as provided in this
Agreement.
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121
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3. Payment of Fees and Costs: You shall be billed monthly for time spent and costs
incurred on your behalf. You also agree to pay each bill within sixty (60) days from receipt, unless
we agree to a different arrangement in writing. In the event that the outstanding balance reaches
or exceeds Five Thousand Dollars ($5,000.00) for more than thirty (30) days, you consent to Legal
Counsel's withdrawal and agree that said withdrawal shall not prejudice Legal Counsel's ability
to collect said balance. Similarly, you acknowledge that Legal Counsel shall bill you at its hourly
rate for its efforts in collecting past due monies, whether or not a formal action to collect such
monies is commenced. In the event that any action is commenced to recover funds owed under
this Agreement, the prevailing party shall be entitled to recover their attorney's fees and costs. In
any such action, venue shall be in Miami -Dade County, Florida.
4. No Representations or Warranties Concerning the Ultimate Fees and Costs or
Likelihood of Success: You expressly agree and acknowledge that Legal Counsel has made no
representation or warranty to you concerning the ultimate fees and costs that will be incurred
representing you through the conclusion of this Matter. The parties recognize and acknowledge
that legal fees for work on the Matter can get very high very fast due to the procedures that govern
such representations. Moreover, you further agree and acknowledge that Legal Counsel has made
no representation or warranty to you concerning the Iikelihood of success in this Matter.
5. Acknowledgement of Ethics Laws: Client expressly acknowledges that certain
local, state, and federal rules regarding lobbying could be implicated by this Matter. Client agrees
to abide by all such rules which are or may become applicable.
6. Acknowledgement and Waiver of Potential Conflicts: You expressly
understand and acknowledge that Legal Counsel may represent certain interests and advocate
certain legal positions that seek to challenge the entitlement and development of real property or
which address appropriate governance issues under Chapters 718 or 720 of the Florida Statutes.
Such representation includes, by way of illustration, challenges to the validity of certain land
development regulations, challenges to certain entitlement processes, challenges to the enactment
and adoption of certain development orders as inconsistent with state -mandated comprehensive
development master plans, and other land use based challenges. With respect to the impact of
private restrictions and statutory provisions on the use of real property, these challenges include
attempts by affected parties to limit the uses of real property through their enforcement. In both
capacities, Legal Counsel maintains an active litigation and appellate practice where such issues
are routinely litigated and where such issues shall continue to be litigated. The direct possibility
exists in any such case that an issue of law or policy might be decided which could adversely
impact the Matter. You expressly acknowledge this possibility and waive (or agree to waive), to
the extent permitted by applicable rules governing the practice of law and the conduct of lawyers,
any such actual or implied conflict which could arise by virtue of Legal Counsel's normal and
routine practice. Legal Counsel agrees to promptly notify Client of any actual or implied conflict
of which it becomes aware.
Client acknowledges that Legal Counsel maintains on-going representations with many
units of local government and is engaged in representations of property owners and developers
throughout the State of Florida. No conflict of interest exists or shall be deemed to exist if, when,
and where one of Legal Counsel's other clients engages in a development project in the County or
PnD-'_35'C; S •-SSGC M- Cl. SVS s- Gt,ec_, ..'C "'Oil V, 2Ti F o, ca 33.30
122
3,1Page
of the same nature as the Matter, and their representation shall not serve to preclude Legal Counsel
from representing clients in the County.
In the event that a conflict of interest arises between you and a previously existing
client, the parties to this agreement agree and acknowledge that Legal Counsel may,
consistent with the applicable rules governing the practice of law, continue to represent Legal
Counsel's previously existing client, so long as it does not in any manner relate to this
particular engagement.
7. Termination Agreement and File Retention: At the conclusion of this Matter, we
will retain your legal files for a period of six (6) years after we close our file. At the expiration of
the six (6) year period, we will destroy these files unless you notify us in writing that you wish to
take possession of them. We reserve the right to charge administrative fees and costs associated
with researching, retrieving, copying and delivering such files.
8. Commencement of Representation: If the foregoing represents the Client's
understanding of our agreement, please execute this Agreement below, indicating your approval
and acceptance of same, and return it to us at the below -referenced address. Payments may be
made via wire transfer as set forth below:
Shubin & Bass, P.A.
Regions Bank
3516 Main Highway
Coconut Grove, FL 33130
ABA#062005690
Operating Account #0226832232
On behalf of the entire firm, we appreciate your confidence in us, and we assure you that
we shall make every effort to perform our services for you in a prompt and efficient manner.
AS:'4:. A 0`•
Sincerely,
SHUBIN & BASS, P.A.
46 SW Ist Street, Third Floor
Miami, Florida 33130
Telephone (305) 381-6060
Facsimile (305) 381-9457
ishubin@shubinbass.com
JOHN K SHUBIN, ESQ.
/5 SIN 5 ree.. arc . ,00r %/-. z -r° 1 o! ca 33.30
123
41Pa,oe
THE FOREGOING
_ day of February, 2016,
understood its terms.
INDIAN RIVER COUNTY
By:
Dylan Reingold, Esq.
County Attorney
HAS BEEN READ, UNDERSTOOD, AND AGREED TO, this
who represents and warrants that he has read this agreement and
Date:
[.'i Ssr 'sl' Street 3�d ='oo, , N. a. -i..,oa 33_30
124
26A )) Sunday, January 31, 2016 ))TREASURE COAST NEWSPAPERS,) IC
Nil ci��� double down
COLUMNIST
The letter rekindled
hope of derailing All
Aboard Florida.
It also opened another
potential legal front in the
fight to stop the train.
And so it goes.
Every time a crack
seems to appear in the
Miami' -to- Orlando pas-
senger rail.project, which
is scheduled to begin run-
ning trains through our re-
gion in late 2017, officials
in Indian River and Martin
counties rush in to pursue
their legal options.
And taxpayers get stuck
with the mounting tab.
On Tuesday, the Indian
River County Commission
will consider a proposal to
hire an additional law firm
for its fight against the rail
cdmpany.
The focus this time?
The permits AI1.At oard
Florida needs from the
U.S. Army Corps of Engi-
neers and St. Johns Water
Management District to
move ahead with the rail
project in Indian River and
Brevard counties.
The proposed agree-
ment would pay the law
firm of Shubin & Bass $295
an hour to evaluate the
propriety of the permitting
process. The county als
would be responsible fo
associated legal costs, suc
as filing fees, depositions
travel expenses, et al.
The proposal sets n
caps on the -county's legal
expenses. It also makes
clear there is no guarantee
of success.
What fueled the county's
new legal strategy? A Jan. 7
letter from the Corps to All
Aboard Florida that stated
the formet's -reluctance to
approve permits for the
northern section ofthe proj-
ect before a federal environ-
mental review is completed.
The letter stated, in part:
"You are cautioned that
commencement of the pro-
posed work in waters of the
United States subject to U.S.
Army Corps of Engineers'
jiirisdidion, prior to autho-
rization, would constitute
a violation of federal laws
and subject you to possible
enforcement action.!' ,
All Aboard Florida op-
ponents hailed the rebuke
as a sign the project may
be in -trouble.
That's one interpreta-
tion. Here's. another: The
correspondence is merely
procedural. The Corps
cannot authorize the proj-
ect until it receives all nec-
essary information.
Reality check. I Googled .
the Corps' statement
above. It is common, boil-
erplate language used in
other correspondence
from the federal agency.
Nevertheless, Indian•
River County officials are
�
� fix. x.. r •.,-�..�
®na'd
-
r
dd�Qoa o
° the best place`for a station.
li `§ ...
sai& he .plans ' fo
champion this;idea before,"
'
SHAPING, the Fort Pierce'Cify and'St.
OUR FUTURE 1`ucie•CountyCoinmissions:'
-•,-; Currentlyji6 trainstops
are'slated fof the -Treasure
preparing to'spend an in- Coast
determinafeamotiiitoftax-
payer money in the hope mentwithKite?Our elected-.
they'll uncover something officials should quit spend=v
amiss in All Aboard Flori- ing taxpayer money to fight '
da's permitting process. a project -that increasingly j
Good luck with that. appears to be inevitable. ' - -
Since 2013, Indian Riv- Iroriically,''Kife and I
er County has. allocated have ariived at similar f
about' $2:6 million; to the conclusions from opposite s
All Aboard Florida'fight., starting points.• • ' f
Not to be outdone, the 'Kite has been enthusias- ' 1
Martin County Commis= tic about All Aboard Florida 8
sion meets Feb. 9 to dis= since'the project was an -
cuss funding, and possibly ngunced several years ago. - T
hiring additional counsel, By:coritrast; Tve opposed ,.
to fight the rail -project, •the train•froni the begin-., (�
according to the commis- ning =and still do. g
sign's meeting agenda.. ,'-however; if. -Treasure F`
In February 2015, Mar- CoasCresidents are -going w Q
tin County comrnissioners fo be burdened with2 daily B!
earmarked. VA million to passenger train trips = and IR
fight All Aboard.Florida: ; 'all the attendant headaches St
Our elected officials are ;this, will bring -to oui re-'
,doubling down=on 'their gion•— I believe we should I k�'
bad bets. `; at least get the benefit of ait
Las Vegas ,would love .train stop. i-
these folks. ' 1 The:'countiesl spending ylj
"Our best bet now- is to ` to fight All Aboard Florida pa
work with AI1,Aboard'Flor- has reached tliepoint of ab-, rril
ida and get what we need 'surdity. And with little or an
with respect to the train," no pushback from taxpay `' .' "
said Keith Kite, an Indian ers, it is likely;to'cohtinue Ga
up t
River County resident and — right o the bitter, end. Se
fourth-generation Florid- = 59
ian who is advocating for Rich Campbell is the Shaping c'ol
a train stop in our region. Our Future columnist for Vea-
I agree. sureCoast Newspapers. This —Y
And I agree with Kite !column reflects his opinion. Dp
that Fort Pierce, because 'Contact him at 772-221-4207 1
of its central location in or rich.campbellC?tcpalm.com: Br i
our three=edtinty area;,is Twitter: @RCampbellmc58 Av11
Dylan Reingold, CountyAttorney
William K. DeBraal, Deputy County Attorney
Kate Ptngolt Cotner, Assistant County Attorney
Attorney's Matters - B. C C. 2 2 16
Office of
INDIAN RIVER COUNTY
ATTORNEY
EMERGENCY ADDITION
FEBRUARY 2, 2016
COUNTY ATTORNEY MATTERS: 13C
MEMORANDUM
TO: Board of County Commissioners
FROM: Kate Pingolt Cotner, Assistant County Attor ey
DATE: February 1, 2016 r'
SUBJECT: Resolution Regarding Litigation with the Department of Juvenile Justice
BACKGROUND:
Indian River County ("County") has been involved in ongoing litigation with the Florida Department of
Juvenile Justice ("Department") since 2013. Currently, the County has three separate appellate cases
concerning the methodology used by the Department to determine the County's financial responsibility
for supporting its local juvenile detention care facilities for fiscal years 2009-2010, 2010-2011, and 2011-
2012. These cases have been consolidated and joined with a number of similar cases filed by other
counties for purposes of oral argument which is set for February 24, 2016, at 2:00 pm.
Additionally, in January of 2016, the County filed a petition for a formal administrative hearing with
DOAH alleging that the Department used a flawed methodology to calculate the County's financial
obligations to support its local juvenile detention care facilities for fiscal year 2014-2015. On January 25,
2016, the referenced DOAH case was consolidated with 19 other counties, and the case was placed into
abeyance until the 1St DCA issues an opinion on the appellate cases.
While these cases are important, an opportunity for settlement has been offered. Last month, Senator
Latvalla filed SB 1322 and Representative Latvalla filed HB 1279 to provide a more equitable allocation
of costs between the non -fiscally constrained counties and the State of Florida for secure juvenile
detention. The proposed legislation would amend the law to require the non -fiscally constrained counties
to pay no more than 50% of the cost of secure juvenile detention. However, before the proposed bills can
be heard and supported by other members of the Florida Legislature, the bill sponsors are requesting
assurances that the counties would dismiss any pending litigation concerning the cost sharing program in
the event that this legislation is passed and signed into law by the Governor.
viz aivtr cn I APP;oved �- Date
' LegaAF"P.0;VE0' FOR
f — b
MEE LING zEGULAR AGENDA
COUNTY ATTORNEY �-_ -- ---- -- ---
�aLA-1
To date, the Department has overcharged the County approximately $1,050,075.32 for fiscal years 2009-
2010 through 2012-2013. Though the legislation, if adopted, would not provide immediate refunds or
credits to Indian River County, it would gradually provide a savings to the County through reduced annual
payments over time.
FUNDING:
Funding for the Juvenile Cost Sharing Program comes from the General Revenue Fund. Based on fiscal
year 2014-2015, the County paid 69% of the juvenile detention care costs associated with Indian River
County. If the proposed legislation were to become law, the County would only be responsible for 50% of
the costs. According to the Florida Association of Counties, Indian River County will save approximately
$135,790 per year if this legislation is passed. When you divide the amount the Department owes to the
County by the estimated savings, it would take about 7.73 years to break even for the previous over
charges.
RECOMMENDATION:
The County Attorney's Office recommends that the Board approve the attached resolution agreeing to
dismiss all pending actions against the Department of Juvenile Justice within ten days after the Governor
of the State of Florida signs either SB 1322 or HB 1279 into law.
I�-�-2
RESOLUTION NO. 2016-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
SUPPORTING LEGISLATION TO ADDRESS THE
FUNDING OF SECURE JUVENILE DETENTION COSTS;
AUTHORIZING THE COUNTY ATTORNEY TO DISMISS
PENDING ACTIONS AGAINST THE STATE OF FLORIDA,
DEPARTMENT OF JUVENILE JUSTICE UNDER
CERTAIN CIRCUMSTANCES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, under the provisions of Florida law, the non -fiscally constrained counties,
including Indian River County, participate with the State of Florida in sharing the cost of secure
juvenile detention; and
WHEREAS, over the years, the Department of Juvenile Justice has inappropriately
charged many of the counties resulting in unfair and illegal payments in excess of one hundred
million dollars; and
WHEREAS, for the fiscal years 2009-2010 through 2012-2013, the Department of
Juvenile Justice has overcharged Indian River County by the amount of $1,050,075.32; and
WHEREAS, Indian River County has instituted several challenges to the actions of the
Department of Juvenile Justice in overcharging the County more than its fair share of the costs of
secure juvenile detention and is seeking refunds or credits for these overpayments; and
WHEREAS, there is currently pending in the Florida Legislature SB 1322 and HB 1279
both of which would establish by statute that the non -fiscally constrained counties would pay no
more than 50% of the cost of secure juvenile detention; and
WHEREAS, before those bills are acted upon, the Legislature wants assurances that any
pending litigation over the cost sharing would be resolved in the event that this legislation is
passed and approved by the Governor; and
WHEREAS, though the legislation, if adopted, would not provide immediate refunds or
credits to Indian River County, it would gradually over time provide a savings to the County
through reduced annual payments; and
WHEREAS, the County supports the legislation and is willing to dismiss all pending
litigation regarding secure juvenile detention costs provided that the legislation is passed and
either signed by the Governor or allowed to become law,
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida as follows:
Page 1 of 2
RESOLUTION NO. 2016 -
Section 1. The Board of County Commissioners supports the passage of SB 1322 and
HB 1279 by the Florida Legislature to provide a more equitable allocation of costs between the
non -fiscally constrained counties and the State of Florida for secure juvenile detention.
Section 2. In the event that the above legislation is passed and pursuant to the
legislation, non -fiscally constrained counties would not be charged more than fifty percent (50%)
of the cost of secure juvenile detention as set forth therein, it is agreed that the County Attorney
is directed to dismiss all pending actions against the State of Florida, Department of Juvenile
Justice within ten days after the Governor of the State of Florida signs a law (or allows the law to
become effective without his signature).
Section 3. The County, however, would like to preserve its right to be treated equally
with any other county if the dismissal of the litigation actions involve any additional benefits for
any other. county.
Section 4. A certified copy of this resolution shall be provided to Senator Latvalla,
Representative Latvalla, and the Indian River County Legislative Delegation.
Section 5. This resolution shall take effect on adoption.
The foregoing resolution was moved for adoption by , 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 2nd day of
February, 2016.
ATTEST: Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
M
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
BOARD OF COUNTY COMMSSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
LIM
Bob Solari, Chairman
BCC approval date: February 2, 2016
BY
DYLAN REINGOLD
CO U NTY ATTO R N EY page 2 of 2
�21_/J`1
BCC AGENDA
February 2, 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 27, 2016
SUBJECT: County Administrator's Contract
FROM: Commissioner Bob Solari
A copy of the proposed contract for the new County Administrator, Jason Brown,
is attached. I would like to have a discussion of, and if it is the pleasure of the
board, the approval of the contract.
Thank you.
125
County Administrator Contract
Notes:
1. Some as other general County employees for proposed contract.
2. Dependent Coverage offered but not used 2015-2016.
3. Annual Physical cost is approximate, based upon average over 5 years (offered but not used
2015-2016). Not included in proposed contract.
4. County provided cell phone for 2008-11 and 2015-16 contract. Cell phone allowance and
technology allowance for proposed contract.
5. Approximate amount varies annually.
6. This quantifies the value of vacation days to the employee. It is not additional compensation
above base salary.
7. Florida Retirement System shows the employer contribution for Senior Mgt. Class (21.43%) for
2008-2011 and the proposed contract. For 2015-16 the employer contribution for DROP
participants (12.88%) is shown.
Bob Solari Page 1 1/27/2016
l2b
IRC 2008-2011 C.A.
Contract
IRC 2015-2016
C.A. Contract
IRC 2016-2018 C.A.
Contract (Proposed) Notes
Salary
$184,826
$201,960
$167,000
Florida Retirement System
$39,608
$26,012
$35,788 (7)
Deferred Comp.
$33,000
$24,000
$0
Auto Allowance
$4,200
$2,600
$2,600
Health Insurance dependent
$2,610
$0
$0 (1)(2)
coverage paid by County
Annual Physical
$240
$240
$0 (3)
Long-term Disability
$887
$0
$0
Cell &Technology Expenses
$1,200
$1,200
$1,200(4)
Continuing Education
$3,000
$3,000
$3,000(5)
Vacation
$140217
$15,535
$12,846(6)
Total:
$283,788
$274,547
$222,434
Term:
3 years
27 months (DROP
3 years - 1 year
limited)
renewals
paid in full capped
paid at half amt.
Sick Accrual & Payout
paid in full
a 400 hours
accrued (1)
Severance
2008 -12 months,
5 months
Year 1- 5 months
2009 - 11 months
Year 2 - 4 months
2010 - 10 months
Year 3 - 3 months
Notice
90 days
30 days
30 days
Notes:
1. Some as other general County employees for proposed contract.
2. Dependent Coverage offered but not used 2015-2016.
3. Annual Physical cost is approximate, based upon average over 5 years (offered but not used
2015-2016). Not included in proposed contract.
4. County provided cell phone for 2008-11 and 2015-16 contract. Cell phone allowance and
technology allowance for proposed contract.
5. Approximate amount varies annually.
6. This quantifies the value of vacation days to the employee. It is not additional compensation
above base salary.
7. Florida Retirement System shows the employer contribution for Senior Mgt. Class (21.43%) for
2008-2011 and the proposed contract. For 2015-16 the employer contribution for DROP
participants (12.88%) is shown.
Bob Solari Page 1 1/27/2016
l2b
Surrounding County Administrator Contracts
Martin County St. Lucie County Osceola County Brevard County Okeechobee County
Annual Salary
$147,084
$173,555
$199,112
$185,400
$124,630
Yes - maximum
allowed-
llowed-Deferred
DeferredCompensation
Yes - maximum
Yes - 4.84% of salary -
$18,000/$24,000, plus
No
No
allowed - $24,000
$8,400
50% of this amount to
a 401(a) account
Auto Allowance
$6,000
$3,600
$5,400
none listed
County vehicle
provided
medical and dental
with dependent
same as other County
family health
same as other County
same as other County
Health Insurance
coverage no cost to
employees
insurance provided
employees
employees
employee
7 years with automatic
2 years with automatic
No term - continuing
No term - continuing
3 years with automatic
Term
1 -year renewals
2 -year renewals
in nature
in nature
1 -year renewals
12 months salary or
20 weeks without
keep as consultant for
20 weeks "for the
5 month "without
Severance
1 year without cause,
cause, none with
12 months at full
convenience of the
cause", none for "just
none with cause
cause
salary, none if for "just
County", none if for
cause"
"good cause"
cause"
Notice
60 days
none listed
none listed
10 days
none listed
Long-term disability
insurance provided at
Termination requires
66 2/3% of salary. 5
vote of 4 out of 5
Additional Comments
weeks of vacation
County Commissioners
leave/yr. plus 8 admin.
with or without cause
Days
,N
J
County Administrator Contract Summary
County Administrator
County Administrator
Proposed Contract beginning
Contract 2008-2011
Contract - 2015/16
July 1, 2016
Salary
$184,826
$201,960
$167,000
Yes - maximum allowed -
Yes _ maximum allowed -
Deferred Compensation
$33,000
$24,000
No
Auto Allowance
$4,200
$2,600
$2,600
Health Insurance
Yes - $217.50/ month
Dependent Coverage paid
$2,610/ year)
Yes-- but not utilized
No
by County
Annual Physical paid by
Yes - varies " $240/ year
Yes -but not utilized
No
County
average
Long-term Disability
Paid by County - $887/ year
Employee may purchase at
Employee may purchase at
employee's expense - $0
employee's expense - $0
Accrued leave paid in full
Accrued sick paid in full upon
Accrued leave paid at 1/2 of
Sick Accrual & Payout
upon contract termination
contract termination capped
balance capped at 6 weeks
(up to 405 hours)
at 400 hours
(same as other employees)
2 Years and 3 Months (limited
3 years with automatic 1-
Term
3 Years
by DROP date)
Year renewals
2008 -12 months
Year 1- 5 months Year
Severance
2009 - 11 months
5 months
2 - 4 months Year 3
2010 - 10 months
and after - 3 months
Notice
90 days
30 days
30 days
Changes vs. 2015/16
Contract
$34,960 savings, plus
benefits
$24,000 savings, plus
benefits
no change
potential savings =
$2,610/ yr. at current rate
potential savings - ^'$240/
year avg.
no change
hours paid at half rate
with lower cap upon
termination
automatic 1 year renewals
declining to 2 months less
no change
EMPLOYMENT AGREEMENT
BETWEEN
INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS
AND
JASON E. BROWN
COUNTY ADMINISTRATOR
THIS AGREEMENT made and entered into on February _, 2016 by and between the
Board of County Commissioners of Indian River County, Florida, a political subdivision of the
State of Florida (hereinafter "Board" or "County") and Jason E. Brown (hereinafter
"Administrator") for employment as County Administrator commencing July 1, 2016, or upon
retirement or termination of the contract of the current County Administrator, whichever occurs
first (the "Contract').
WITNESSETH
WHEREAS, the Board desires to employ the services of Jason E. Brown as County
Administrator; and
WHEREAS, Administrator desires to accept employment as the County Administrator for
the Board; and
WHEREAS, two employees, the County Administrator and the County Attorney, as
County officers, work directly for the Board; and
NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
SECTION 1. ADMINISTRATOR'S DUTIES
The Administrator shall be responsible for the administration of all departments
responsible to the Board, except the County Attorney and County Attorney's staff. The
Administrator shall also be responsible for the proper administration of all affairs under the
jurisdiction of the Board. The Administrator's authority and duty shall include, but not be limited
to, the powers and duties as found in the Indian River County Code Section 101.05.1 (a. through
u.) and Section 125.74, Florida Statutes.
SECTION 2. GENERAL POWERS OF COUNTY
It is the intent of the Board to grant to the County Administrator only those powers and
duties which are administrative or ministerial in nature and not to delegate any governmental
power imbued in the Board as the governing body of the County pursuant to s. 1(f), Art. VIII of
the Florida Constitution.
i10
SECTION 3. ETHICS
Administrator shall abide by and perform all assigned duties in accordance with the ethical
standards applicable to public officers, and all other applicable federal, state, and county laws,
regulations and ordinances.
Administrator shall immediately notify the Board within three days of contact when an
information has been filed by a prosecuting official against him, when indicted by a Grand Jury,
or when arrested, for any offense or violation of law. The Board shall determine if it is in the best
interests of the County to:
a) Retain Administrator in his regular position pending court disposition; and/or
b) Place Administrator on leave with or without pay until such time as any charges are
disposed of by trial, acquittal, dismissal, conviction, or other judicial action; and/or
c) Initiate disciplinary action up to and including termination.
In the event that Administrator pleads nolo contendere or guilty, or is found guilty of any
job related offense or any offense that would adversely impact .the County or the employment
status of Administrator, or which would tend to affect the Administrators relationship to the job
or fellow workers, or negatively reflect on the reputation of the County, Administrator may be
terminated from employment, without the severance or compensation set forth in Section 9,
Severance, of this Contract.
SECTION 4. ANNUAL COMPENSATION
For all services rendered by Administrator, Administrator shall be paid a salary of
$167,000.00 annually, payable in 26 biweekly installments of $6,423.10 as adjusted for necessary
deductions. In addition to salary, Administrator's compensation includes a car allowance in the
amount equivalent to that granted to employees eligible for car allowances. Administrator's salary
shall be increased by any cost -of -living increase granted other County employees.
SECTION 5. ADDITIONAL BENEFITS
County provides employees with a number of benefits that are set forth in the Indian River
County Administrative Policy Manual. These rights and benefits are available to Administrator
on the same terms and conditions that they are available to a full-time, regular non -contract
employee with the same initial hire date as May 1, 1998; provided, however, specific terms of this
Contract shall control and govern if there is any conflict with benefits and rights afforded under
the Indian River County Administrative Policy Manual.
County shall pay reasonable professional dues, continuing education, subscriptions, and
certification fees for Administrator, in accordance with the usual and customary practice of local
governments in Florida. The term continuing education includes travel, lodging, and per diem
130
expenses. The Administrator shall be included in the "Senior Management Service Class" of the
Florida Retirement System.
County agrees to provide the Administrator an allowance of $50 per month for a cell phone
and up to but no more than an additional $50 per month for other communication devices or
services that are actually used by the Administrator in the performance of Administrator's job
duties.
SECTION 6. CONTRACT
The Administrator acquires no property rights in employment but has only the contractual
rights set forth or incorporated by reference in Contract.
SECTION 7. TERMS
The Contract is for an initial term from the commencement date written above until June
30, 2019 (the "Initial Term"). Unless written notice is provided to the other party at least 30 days
before the expiration of the Initial Term or any subsequent term, this Contract shall automatically
renew for consecutive 1 year terms, under the same terms as set forth in this Contract.
SECTION 8. TERMINATION
This Contract may be terminated by Administrator at any time and for any reason by
resignation with 30 days' written notice, in which case Administrator will be paid through the last
day worked, or by the County, at any time or for any reason, by giving Administrator 60 days'
notice of termination. Any accrued sick leave will be paid on the same terms and conditions that
they are available to a full -tune, regular non -contract employee [with the same initial hire date as
May I, 1998] in full, except that in no event shall County pay more than 300 hours, and accrued
vacation leave will be paid on the same terms and conditions that they are available to a full-time,
regular non -contract employee [with the same initial hire date as May 1, 1998], except that in no
event shall the County pay more than 15 weeks (562.5 hours), when this Contract is terminated.
SECTION 9. SEVERANCE
If County terminates this Contract after employment commences, but before June 30, 2017,
County shall pay Administrator five months' severance. If County terminates this Contract
between July 1, 2017 and June 30, 2018, County shall pay Administrator four months' severance.
If County terminates this Contract after July 1, 2018 and June 30, 2019 or during any subsequent
term after the Initial Term, County shall pay Administrator three months' severance. If County
does not renew this Contract after the Initial Term or any subsequent term, County shall pay
Administrator three months' severance.
County shall maintain Administrator's health insurance premiums for the same period of
time. In the event Administrator must resign because of serious life threatening illness, certified
by a medical doctor, which makes continued employment an impossibility, or under circumstances
constituting constructive discharge, Administrator shall be entitled to the same severance package
as listed above.
01
The provisions set forth in this Section 9, Severance, do not apply in the event this Contract
is terminated per Section 3, Ethics, above.
IN WITNESS THEREOF, the parties have caused this agreement to be fully executed at
Vero Beach on the date set forth above.
Attest: Jeffrey R. Smith,
Clerk of the Circuit Court and Comptroller
Deputy Clerk
Date
Approved as to legal form and sufficiency
Dylan Reingold, County Attorney
1/25/2016 9:54:16 AM
INDIAN RIVER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
By
Bob Solari, Chairman
BCC Approved:
Joseph A. Baird, County Administrator
Jason E. Brown
02
ITEM 14.C.1
February 2, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: January 25, 2016
SUBJECT: Kayak/Canoe Launch at CR512
FROM: Wesley S. Davis
Commissioner District 1
I kindly request your consideration in discussing improvements at the Kayak/Canoe
Launch at County Road 512, such as handicap access.
Attachment: Email from MaryJo Awtrey dated January 25, 2016.
133
Misty Pursel
From: MaryJo <aussiejo@comcast.net>
Sent. Monday, January 25, 2016 8:56 AM
To: Wesley S. Davis
Subject: 510/512 Canoe/Kayak Launch
Wesley,
Thank you for taking the time to speak with me, on the issue of the 510/512
canoe/kayak launch. As a regular kayaker in the area and an employee of About
Kayaks River Rentals --and in conjunction with other local kayakers, outfitters, and
tour guides—we have found that the launch site is not easily and safely accessible
for kayakers, although it is used by many. We believe there is a general safety
issue there for all kayakers/canoers/paddlers and would like to see it become
more ADA -configured. I personally have witnessed people fall trying to launch
kayaks from the dock and from maneuvering to the bank for a more stable launch.
It would be wonderful if we could design a natural launch option, but considering
how the area floods, I believe it would take more time and money to create and
maintain such as option.
I have researched and spoken with a company called Kayak Docks that works with
local, state, and national parks to make canoe/kayak docks more easily accessible
and improve safety concerns for all to enjoy getting out on the water. They work
closely with the Wounded Warrior Project and other organizations to help people
with disabilities have a chance to experience the serene nature that comes from
kayaking. Depending on what we all agree we need, want, and can afford,
improvements could be made for anywhere from $2,000.00 to $14,000.00. Kayak
Docks has a support crew that would be able to assist us as well.
The St. Sebastian River is such a beautiful and tranquil place that the kayak
community is willing to help in seeing this improvement come to light. We hope to
speak to you and the other county commissioners on the subject at the next
meeting in February.
Here is a link to Kayak Docks for you to review: http://www.kayakdock.com/
04,
This site is the National Parks publication of the ABCs of Logical and Lasting
Launches: http://www.nes.gov/ncrc/programs/rtca/helpfultools/launchguide.pdf
Wounded Warrior Project: (http://www.woundedwarriorprooect.org )
Thank you again for your time,
Mary Jo Awtrey
About Kayak River Rentals
J
05
14.C.2
February 2, 2016
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
INTER -OFFICE MEMORANDUM
TO: Members of the Board of County Commissioners
DATE: January 25, 2015
SUBJECT: Lagoon Frontage of the 47 Acre Torwest Tract on Jungle Trail
FROM: Wesley S. Davis
Commissioner District 1
kindly request your consideration in discussing Torwest, Inc.'s request for County
participation in the acquisition of the lagoon frontage portion of the 47 acre Torwest tract
on Jungle Trail.
Attachment: Letter from Mr. Mark Justice dated January 22, 2016, with 3 exhibits
06
'TORWESF
January 22, 2016
Mr. Wesley Davis
Commissioner
District 1
Hoard of County Commissioners
Indian River County
180127 1h Street
Vero Beach FL 32960
RE: Request by Torwest, Inc. for County participation in the acquisition of the
lagoon frontage portion of the 47 acre Torwest tract on Jungle Trail
Dear Commissioner Davis:
Torwest has been working with public entities (including Indian River County) for
some time to explore alternatives for public acquisition of the 47 +/- acres of
Torwest property north of and adjacent to the community of Windsor. The Property
is unique because it is the last remaining unprotected Indian River Lagoon
shoreline located in the Pelican Island National Wildlife Refuge that is available for
conservation. In addition, as you are aware, the tract includes an access point for
kayaks and canoes to the lagoon. As this is an access type not currently included
in the Refuge, I think you agree that it would be of great benefit to the residents of
Indian River County.
Our recent efforts have focused on an application .to the Acquisition and Restoration
Council at the Florida DEP for acquisition of the lagoon frontage portion of the
property. Not only is the lagoon frontage of critical importance to the Refuge, but
its acquisition would also serve primary conservation goals of both the State (Florida
Forever Program; Indian River Blueways Project), and Indian River County (Jungle
Trail, National Register and Scenic Highway designations; Indian River Lagoon
protection; and Environmentally Sensitive Lands Program). A State/County
partnership in such a conservation effort is not unprecedented; Indian River County
and the State of Florida have already invested significantly through the acquisition
of approximately 150 acres to the north that is managed as part of the Refuge.
We consider the County's participation and support of our application to the State to
play a valuable role in the success of this project. As such, we ask that you
calendar consideration of this request before the Board of County Commissioners at
the earliest opportunity. I have included an aerial map exhibit for your reference,
and would be happy to provide additional maps and information as you need it.
3125 WiNdsOR BOULL-VA)U-3 n, VtRO BEACH, FLoRiDA 32963 a 772 388-5050 u FAx 772 589-0091
13'7
As you know, Torwest, inc., has for many years assisted the Pelican Island National
Wildlife Refuge, and has conveyed more than 125 acres of land along Jungle Trail
and the Indian River Lagoon estuary as part of this effort.
I look forward to working with you on this project. Please contact me for any
assistance I can provide.
Sit
M,
Vic
Torwest,
Inc.
138
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.1 TAY
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
IS6a
Date: January 25, 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 m'
Subject: CCNA-2014 Work Order No. 5 to CDM Smith, Inc. for the 2016 Annual Financial
Reports
DESCRIPTIONS AND CONDITIONS:
The Solid Waste Disposal District (SWDD) is required by Florida Department Environmental
Protection (FDEP) rules to prepare annual financial reports certified by a third party professional
engineer. The Financial Assurance Report determines SWDD's annual obligations to fund escrow
accounts for the closure and long term care of the County's active landfills. The Full Cost Accounting
Report is to inform residents of the County of the full cost of collection, management and disposal
of solid waste in the County.
ANALYSIS:
CDM Smith, Inc. (CDM) has prepared CCNA-2014 Work Order No. 5, 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.
TASK
DESCRIPTION
DUE DATE.
AMOUNT
Task 1
Financial Assurance Report
November 1, 2016
$40,200 – Lump Sum
Task 2
Full Cost Accounting Report
March 31, 2016
$6,890 – Lump Sum
r— TOTAL (Lump Sum) =
$47,090
The costs above are consistent with what SWDD has paid historically to CDM Smith 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.
SWDD Agenda - CCNA-2014 WO No 5 CDM Smith 2016 Annual Financial Reports Page 1 of 2
1'42
ACCOUNT NO.:
Description
Account Number
Amount
Engineering Services
41121734-033130
$47,090
RECOMMENDATION:
SWDD staff recommends that its Board approve the following:
a) Approve CCNA-2014 Work Order No. 5 with CDM Smith, Inc. in the amount of $47,090 to provide
engineering services related to the 2016 Annual Financial Reports
b) Authorize the Chairman to execute the same, as presented.
ATTACHMENT(s):
1) CCNA-2014 Work Order No. 5 — CDM Smith, Inc.
APPROVED FOR AGENDA:
By:
r
Joseph A. Baird, County Administrator
Indian River Co.
Approved
Date
Administration
Legal
Budget
SWDD
y
SWDD-Finance
SWDD Agenda - CCNA-2014 WO No S CDM Smith 2016 Annual Financial Reports Page 2 of 2
1'43
WORK ORDER NIi;MBER CCNA2014WOS
Full Cost Accounting And Financia; Assurance Reporfin
This Work Order Number _ 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 41 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 particularl>; set forth
in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference
all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph
1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the
Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual
Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first
written above,
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
CDM Smith, Irc. OF !NDIAN RIVER COUNTY
By: By:
ErTc rotke, PEP BCE Bob Solari , Chairman
Titie: Vice President
BCC Approved Date: _
Attest: Jeffrey R. Smith, Clerk of Court and Comptroiler
By:
Approved:
Deputy Clerk
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
Dylan T. Reingoid, County Attorney
EXHIBIT A
AUTHORIZATION FOR PROFESSIONAL SERVICES
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
ENGINEERING SERVICES FOR
FULL COST ACCOUNTING AND FINANCIAL ASSURANCE REPORTING
CCNA-2014 WO NO.5
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
PROJECT UNDERSTANDING
Each year the COUNTY is required to document frill cost accounting and financial assurance in
accordance with Solid Waste Operations Permit CONSULTANT assists COUNTY with these
submittals to the Florida Department of Environmental Protection (FDEP) each year.
This project is to provide permitting services which are required including:
■ Task 1.0 - Full Cost Accounting Evaluation for Fiscal Year 2014-15
■ Task 2.0 - Financial Assurance
CONSULTANT will coordinate with the COUNTY in order to provide timely execution of each
portion of this project The Scope of Work is as detailed below.
TASK 1- FULL COST ACCOUNTING EVALUATION FOR FISCAL YEAR 2014-1S
Under provisions of Chapter 62-708.300(3), Florida Administrative Code (FAC.), the COUNTY is
required to determine and publicly disclose the full cost of solid waste management within its
service area for Fiscal Year 2014-2015.
CONSULTANT will perform and evaluation on the full cost of solid waste management for Fiscal
Year 2014-2015 in accordance with the requirements of Chapter 62-708, F.A.C. CONSULTANT will
prepare summary tables and a brief letter presenting the full cost of solid waste management in the
COUNTY for Fiscal Year 2014-2015 and also prepare a draft public notice.
CONSULTANT will provide the draft tables, letter, and public disclosure notice to the COUNTY by
March 15, 2016 assuming receipt of all data required to perform the study by March 1, 2016. After
receipt of comments, CONSULTANT will submit the final tables, letter, and public disclosure notice
within 7 calendar days. The COUNTY is required to inform the residential and nonresidential users
of IRC's solid waste management services area of the user's share of the full cost for solid waste
management in accordance with Chapter 403.7049 Florida Statutes.
A-1 Li�s2.a�
145
TASK 2 - FINANCIAL ASSURANCE
The COUNTY operates a Class I and construction and demolition (C&D) debris landfills through a
contract with Republic Services. The COUNTY is required by Chapter 62-701, F.A.C. to provide
financial assurance for each of these facilities annually.
Subtask 2.1- Financial Assurance Report
CONSULTANT will prepare documentation that demonstrates proof of financial assurance for the
cost of closing and providing long-term care for the Class I landfill, the C&D debris landfill, and the
waste tire site. This documentation will be submitted for review by the COUNTY. Two copies of the
final document will be provided to the COUNTY. CONSULTANT will meet with the COUNTY up to
two times to discuss issues and to provide needed coordination. CONSULTANT will also respond to
FDEP correspondence regarding financial assurance.
Subtask 2.2 - Survey and Airspace Assessment
CONSULTANT will provide surveys and assessments of consumed airspace performed by, a
subconsultant, Masteller, Moler & Taylor, Inc. for the Class I and C&D debris landfills. The survey
work for the Class 1 waste area will include a complete topographic survey of Segments 1, 11, and III
as well as the ditches and roadways surrounding the Class I area. The topographic survey of the
C&D debris landfill site will include the waste area, as well as the fence -line and the surrounding
ditches and berms adjacent to the C&D debris site. CONSULTANT will review the volumetric
modeling and include a summary of estimated waste density based on the results of the survey and
volumetric modeling.
The deliverable from Masteller, Moler & Taylor, Inc. will consist of a survey identifying the dates the
field survey was completed. Airspace consumed and remaining airspace based on the survey and
the construction and design criteria shall be specifically identified in the financial assurance report.
The survey shall also include the results of the volumetric calculations for the Segments II and III
portions of the Class I landfill, as well as the C&D debris landfill. Deliverables accompanying the
survey shall include:
A 1 -inch = 50 feet scale contour map for each site with 1 -foot contour intervals in regular weight
lines, and 5 -foot contour intervals in bold weight lines. Signed and sealed contour maps will be
provided on 24 -inch by 36 -inch paper of each landfill site in 1 -inch = 200 feet scale. A Compact Disc
(CD) with ASCII file of the survey data in AutoCAD 2010 will also be provided.
For the Class I Landfill (Segments I, II, and 1I1), the financial assurancereport shall include an
evaluation of the compaction of the waste and an analysis as to whether Republic Services is
meeting its contractual compaction requirements. CONSULTANT will include escrow account
balance recommendations for Fiscal Year 2015-2016, as well as escrow account budget
recommendations for Fiscal Year 2016-2017.
A-2 jj1791.docx
1'46
EXHIBIT B
PROJECT BUDGET
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
ENGINEERING SERVICES FOR
FULL COST ACCOUNTING AND
FINANCIAL ASSURANCE REPORTING
CCNA-2014 WO NO.5
PROJECT: Full Cost Accounting and Financial Assurance Reporting
DESCRIPTION: Task 1.0 - Full Cost Accounting Evaluation for Fiscal Year 2014-15
CONTRACT
REFERENCE: Agreement between the Indian River County Board of County Commissioners
and CDM Smith Inc.
Labor Category
Hours
$-419
Total
Officer
2
$210
$420
Principal
16
$195
$3,120
Senior Professional
10
$165
$1,650
Senior Support
8
$120
$960
Project Administration
4
$85
340
Total Hours
40
Total Salary Cost $6,490
Other Direct Costs 00
TOTAL LUMP SUM FEE
For the basic services under this Agreement, lRC SMD agrees to pay the Consultant a lump sum
fee $6,890. CONSULTANT will submit monthly invoices based on the percent complete for the work
performed.
B-1 U1791.do«
W7.
EXHIBIT B
PROJECT BUDGET
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
ENGINEERING SERVICES FOR
FULL COST ACCOUNTING AND
FINANCIAL ASSURANCE REPORTING
CCNA-2014 WO NO. 5
PROJECT: Full Cost Accounting and Financial Assurance Reporting
DESCRIPTION: Task 2.1- Financial Assurance Report
Task 2.2 - Survey and Airspace Assessment
CONTRACT
REFERENCE: Agreement between the Indian River County Board of County
Commissioners and CDM Smith Inc.
Labor Catego
Hours
Rate
Total
Officer
6
$210
$1,260
Associate
6
$200
$1,200
Principal
30
$195
$5,850
Senior Professional
20
$165
$3,300
Professional 11
80
$130
$10,400
Senior Support
8
$120
$960
Staff Support
10
$85
$850
Project Administration
8
$85
$680
Total Hours
168
Total Salary Cost
$24,500
Outside Professionals - Masteller, Moler & Taylor, Inc.
$14,500
Other Direct Costs
$1,200
TOTAL LUMP SUM FEE
For the basic services under this Agreement, IRC SWDD agrees to pay the Consultant a lump sum
fee of $40,200. CONSULTANT will submit monthly invoices based on the percent complete for the
work performed.
B-2 J179Lao«
1'48
SCHEDULE
Task
EXHIBIT C
PROJECT SCHEDULE
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
ENGINEERING SERVICES FOR
FULL COST ACCOUNTING AND
FINANCIAL ASSURANCE REPORTING
Full Cost Accounting Report
2.1 Financial Assurance Report
2.2 Site Survey
CCNA-2014 WO NO. S
1I110 •y•1 1.
March 31, 2016
November 1, 2016
May 15, 2016
C-1 JJ1791.docx
149
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
Date: January 25, 2016
BOARD MEMORANDUM
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 'L4,M.
Subject: CCNA-2014-Work Order No. 2 to Geosyntec to Provide Engineering Services for
Installation of Groundwater Monitoring Wells
DESCRIPTIONS AND CONDITIONS:
The Solid Waste Disposal District (SWDD) owns and administers the operations of a Class I landfill
for disposal of the County's municipal solid waste (MSW) and construction & demolition (C&D)
debris. The landfill operates under construction and operation permits issued by the Florida
Department of Environmental Protection (FDEP). On January 6, 2016, the FDEP issued a 20 -year
renewal permit with a specific condition that SWDD install two groundwater monitoring well
clusters immediately downgradient of the existing Cell 1 of the Segment 3 landfill within 90 days of
issuance of the permit.
This agenda item requests Board authorization to issue Work Order CCNA-2014-WO No. 2 to the
engineering firm Geosyntec Consultants, Inc. (Geosyntec) to provide professional engineering
services for the installation of groundwater monitoring wells (MW -45 and MW -46) in accordance
with the FDEP permit.
ANALYSIS:
Staff requested Geosyntec to submit a proposal to provide engineering and consulting services for
the subject project. Geosyntec's proposal including scope of work, schedule and budget estimate is
shown in Attachment 1. Geosyntec's proposal consists of the following:
l?l ase
Phase Description.
p
$Amount,
1
Installation of Groundwater Monitoring Well Clusters
$19,944
Total
$19,944
The scope includes the installation of two monitoring well clusters by a licensed well driller with a
budget of $6,750 and also includes the services of a professional surveyor with a budget of $1,200.
Geosyntec's hydrogeologist or geotechnical engineer will supervise the work and submit a summary
report to submit to the FDEP to document the installation and completion of the new groundwater
monitoring well clusters within the 90 -day timeframe allotted by the FDEP.
SWDD Agenda - Geosyntec CCNA-2014-WO No 2 - Installation of Groundwater Monitoring Wells Page 1 of 2 150
FUNDING:
Funding for the well installation services is available in the Engineering Services account in the SWDD
Landfill Fund 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
$19,944
RECOMMENDATION:
SWDD staff recommends that its Board:
a) Approve CCNA-2014-Work Order No. 1 authorizing Geosyntec to provide engineering
services for the installation of groundwater monitoring wells, in accordance with the
attached scope of work for a not to exceed budget of $19,944.
b) Authorize the Chairman to execute the same, as presented.
ATTACHMENT:
1) CCNA-2014-WO No. 2 — Geosyntec
APPROVED FOR AGENDA:
I
3WWX, , _WAWA
// Josepp A. Baird, County Administrator
44 .e- ;Pd/(o
Date
Indian River Co.
ved
Date
Administration
Legal
Budget
SWDD
( 1b
2 4
SWDD-Finance
(,VV -1-
t—IS-0
SWDD Agenda - Geosyntec CCNA-2014-WO No 2 - Installation of Groundwater Monitoring Wells Page 2 of 2 151
WORK ORDER NUMBER CCNA-2014
WO No. 2
IRC Class I Landfill Engineering Services
This Work Order Number _2_ is entered into as of this —day of,, 201 pursuant to that
certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain
Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of
this 41h 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 Geosyntec Consultants, Inc.
("Consultant').
The COUNTY has selected the ConsuRant to perform the professional services set forth on Exhibit 1
(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 1 (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 1 (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:
Geosyntec Consultants, Inc.
By: ,( �,Ij By:
Thomas A. Peel, Ph.D.
Title: Senior Vice President
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BCC Approved Date:
, Chairman
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
Dyla . Reingold, County Attorney
152
120RryBlvd, Suite 710
Geosyntec Jacksonville,
Florida 32207
FH 904.858.1818
consultants FATi 904.396 1143
wr.w.geo,yntec.com
12 January 2016
Mr. Himanshu Mehta, P.E.
Managing Director
Solid Waste Disposal District
Indian River County
1325 74th Avenue SW
Vero Beach, Florida 32968
Subject: Proposal for Engineering Services
Class I Landfill -- Indian River County Landfill Facility
Vero Beach, Indian River County, Florida
Dear Mr. Mehta:
INTRODUCTION
Geosyntec Consultants (Geosyntec) is pleased to submit this proposal to the Indian River County
(IRC) Solid Waste Disposal District (SWDD) to provide professional engineering services for
the Class I Landfill at the IRC Landfill (IRCL) facility located in Vero Beach, Indian River
County, Florida. The proposal presents the scope of work, schedule, and budget estimate to
provide engineering services at the Class 1 Landfill. The proposal was prepared in response to a
request from Mr. Himanshu Mehta P.E., Managing Director of SWDD, to Dr. Kwasi Badu-
Tweneboah, P.E. of Geosyntec during a site visit/meeting on 22 December 2015. Geosyntec has
prepared this proposal as Exhibit 1 of CCNA-2014-WO No. 2, pursuant to that certain
Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that
certain Extension and Amendment of Continuing Contract Agreement for Professional Services
entered as of this 4' 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 Geosyntec ("Consultant").
The remainder of this proposal presents: (i) project background; (ii) proposed scope of work; (iii)
schedule; and (iv) budget estimate.
PROJECT BACKGROUND
The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo
Road, and west of Rangeline Road (74th Avenue SW) in Vero Beach, Florida. The waste
materials disposed at the IRCL facility include residential, commercial, agricultural, and
industrial Class I waste as well as C&D debris from unincorporated Indian River County and
municipalities of Vero Beach, Orchid, Fellsmere, Sebastian, and Indian River Shores, Florida.
NCP2015-2347UL15065_Proposal for Class I Landfill Engineering Services.doc
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Mr. Himanshu Mehta, P. E.
12 January 2016
Page 2
The IRCL occupies 276 acres, with 22 acres used for construction and demolition (C&D) debris
disposal. The C&D debris disposal facility is presently inactive. The Class I landfill includes the
Segment 1 vertical expansion, Segment 2, an Infill Area located between Segment 1 and
Segment 2, and Segment 3 Lateral Expansion with a total footprint of approximately 135 acres.
The IRCL facility is currently operating under Florida Department of Environmental Protection
(FDEP) solid waste construction and operation permits (with Permit Nos. SC31-0128769-019
and S031-0128769-020, respectively), issued on 17 March 2011 with an expiration date of 2
December 2015. The approved construction permit (i.e., Permit No. SC31-0128769-019)
authorized the construction of Phases I and H (Cells 1 and 2) of the Segment 3 Expansion, while
the, approved operation permit (i.e., Permit No. S031-0128769-020) authorized the continued
operation of the IRC Class I Landfill (Segment 1, Infill Area, Segment 2, and Segment 3, Phases
I and II when constructed). The existing permits recognized the entirety of the Segment 3
Expansion footprint of approximately 76 acres (ac), but acknowledged that waste estimates
projected only for the construction of Phases I and II (i.e.,* Cells 1 and 2) would be completed
within the duration of the five-year permitting period. Only Phase I (Cell 1) of the Segment 3
Expansion was constructed, and is in operation, under Permit Nos. SC31-0128769-019 and
S031-0128769-020.
On 6 January 2015, the SWDD Board authorized Geosyntec to prepare the permit application to
renew both solid waste permits before the expiration date of 2 December 2015. This scope of
work was in addition to other engineering services approved by the SWDD Board under CCNA-
2014-WO No. 1. Geosyntec subsequently completed and submitted a 20 -year renewal permit
application to FDEP on 27 September 2015, and has since then responded to requests for
additional information (RAIs) by FDEP. On 11 December 2015, the FDEP provided a notice of
its Intent to Issue Permits 0128769 -022 -SC and 0128769 -023 -SO to replace Permit Nos. SC31-
0128769-019 and S031-0128769-020, respectively. Geosyntec assisted SWDD to review and
provide comments on the Draft Permits that were enclosed with the FDEP's notice of intent. A
notice of the intent to issue both permits was published by SWDD in the Press Journal on 17
December 2015 and the Final Permits were issued by FDEP on 5 January 2016.
The Final Permits included the specific condition that SWDD installs groundwater monitoring
well clusters (MW -45 and MW -46) immediately downgradient of the existing Cell 1 of the
Segment 3 Expansion within 90 days of issuance of the permits by FDEP. This would allow
FDEP to monitor the performance of Cell 1 until such time that Cell 2 is constructed and these
wells abandoned. In the interim, FDEP agreed to suspend monitoring of well clusters MW -41
and MW -42 which have been installed east of Cell 2 until Cell 2 is constructed. It should be
noted that SWDD anticipates to construct Cell 2 by 2017. SWDD has therefore requested
Geosyntec to provide a proposal to install the monitoring well clusters required by FDEP.
JL 15065—proposal for Class I Landfill Engineering Services.doc
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155
Mr. Himanshu Mehta, P. E.
12 January 2016
Page 4
A draft report will be submitted to SWDD for review and continent before a final report signed
and sealed by a registered engineer is submitted to FDEP.
Project management activities will include: budget and schedule tracking, invoice review, and
project communications, including the preparation of a monthly progress report. The project
report will include a description of the activities completed during the month and planned
activities for the following month. In addition, the progress report will identify technical or
administrative issues that require SWDD's attention and the current status of the budget and
schedule.
SCHEDULE
Geosyntec will mobilize the driller to the site to install the monitoring wells within two weeks of
receipt of authorization to proceed (ATP) from SWDD. It is anticipated that the installation and
survey of the monitoring wells would be completed within four weeks of receipt of the ATP.
Geosyntec will complete the preparation of the summary report for submittal to FDEP within
four weeks of completion of the well installation. Therefore, the new monitoring well clusters
would be available for sampling and testing during the second semi-annual monitoring event in
July 2016.
BUDGET ESTIMATE
Geosyntec proposes to perform the scope of work described above on a time and materials
(T&M) basis for a not -to -exceed budget of $19,944. A detailed budget estimate is provided as
Attachment C.
CLOSURE
Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable,
please indicate your agreement by signing the attached work authorization, which references this
proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention.
Please call the undersigned with questions you may have as you review this proposal.
Sincerely,
Kwasi Badu-Tweneboah, Ph.D., P.E.
Associate
Attachments
lL I5065_Proposal for Class I Landfill Engineering Services.doc
engineer; j scienttsi; I hinovaeors
156
pling of 12
Is to be
suspended
i4; I A
mpling i 2
91113 Ili be
er
-M7� nded
uster to g.
natal east of
-Z ell 1
SL;
\ y \�'4p '. - �:.vam _' 6{��• �1 . I ''�'g tJir��l �t
J"ti,
N1773000
<=> Wells to be instilled east of Cell I GeosyntecO
CMMlhaDtS
Sampling of Cell 2 wells Ill be suspended CAM' SEPT 207 I;M 1* -4W
FROJECI No. 5
FL2523P30
CWLA lq w 5-7
157
ATTACHMENT A
DRILLING PROPOSAL
158
ENVIRONMENTAL DRILLING SERVICE, INC.
4712 OLD WINTER GARDEN ROAD
ORLANDO, FL 32811
Voice: 407 295 3532
Fax: 407 296 3957
d'To.-
GeoSyntec Consultants
1200 Rive►place Blvd
Suite 710
Jacksonville, FL 32207
-GustomeKID Good, Th
GEOSYNTECJAX 2/7/16
Net 30 Days
Quote Number. 16445
Quote Date: Jan 8, 2016
Page: 1
' ;Quant'
!ty
.Item;
-
b`escription},Unl'
Price: -
Arr�.ounf
INDIAN RIVER CO SOLID WASTE
DISPOSAL DISTRICT, VERO BEACH,
INDIAN RIVER CO, FL
Scope of work:
Install 2 - 2"x25' and 2 - 2'SK45' MW s all
with 5'.010 slot PVC screen, Aluminum
above grade protector set in 24"x24"x4"
concrete apron - No sampling of wells
Estimated time to complete. 2 - 3 days
140.00
2-0
per ft, 2" Well Install X50'
25.00
3,500.00
4.00
DP
Decon Procedure, ea.
75.00
300.00
4.00
WD
hrs, Well Development
100.00
400.00 -
4.00
WCAGP
Well Completion: Alum AGP set in
175.00
700.00
24N24"x4" concrete apron
1.00
Mob
Mobilization
400.00
40000
2.00
PD
Per Diem, per crew,per night (estimate/as
300.00
600.00
needed)
15.00
DR
Drum, 55 Gal. DOTApproved,
50.00
750.00
reconditioned (estimate/as needed)
1.00
PR
Permit - Indian River Co
10000
10000
Sublotal
6,750.00
Sale s -Tax
159
160
INDIAN RIVER COUNTY
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: January 19, 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 "�•m•
Subject: Work Order No. 2 to SCS Engineers for a Solid Waste Rate Study and Business
Plan
DESCRIPTIONS AND CONDITIONS:
The Solid Waste Disposal District (SWDD) has been operating based on a solid waste rate study that
was last performed over 20 years ago by the Planning and Economics Group, Inc. on April 11, 1995.
The current tipping rates were established via Resolution No. 95-01. Since that time, SWDD has been
fiscally sound; however, the recent operational changes along with fluctuating markets has required
an increase to our solid waste assessment fees to both our residential and commercial improved
properties in order to cover the shortfall from the tipping rates.
Also, there are certain issues in Resolution No. 95-01 (vacancy credits, recycling credits, and deviation
policies) as well as the assessment categories that need to be reevaluated. For example, a new
industry has recently emerged in Indian River County that was not contemplated in our existing
assessment structure (i.e., Aquaculture). A new rate study would allow us to update our assessment
structure in order to capture these changes.
As a result, staff is requesting the SWDD Board consider a new solid waste rate study.
ANALYSIS:
SCS Engineers has submitted Work Order No. 2 to prepare a new solid waste rate study and
business plan. The project is broken down into five tasks as shown in the table below with an
overall goal of completion within 90 days of award. The plan is to present the results of the rate
study for Board approval followed by approval of a new rate resolution (if needed) prior to the
approval of budget and or new assessment rates for next fiscal year. SCS has been performing
these type of services for many other municipal clients and has provided staff with copies of these
studies as well as various publications printed in this field.
SWDD Agenda - WO No 2 SCS Engineers Solid Waste Rate Study Page 1 of 2 164
Mr. Himanshu Mehta, P.,E.
12 January 2016
Page 3
PROPOSED SCOPE OF WORK
This proposal covers professional engineering services required for installing the groundwater
monitoring well clusters required by the FDEP for the Class I Landfill. The scope of work is
briefly described below.
Phase 1— Installation of Groundwater Monitoring Well Clusters
As previously discussed the Final Permits issued by FDEP requires the installation of two
groundwater monitoring well clusters east of Cell 1 and the suspension of monitoring of the
existing well clusters east of Cell 2 until Cell 2 is constructed. Figure 5-1 (from the Permit
Application) shows the new wells that need to be installed and the existing wells that monitoring
would be suspended. Geosyntec has solicited a quote from Environmental Drilling Services, Inc.
(EDS) to serve as a drilling subcontractor to perform these services. It should be noted that EDS
installed the previous wells within the Segment 3 footprint. A copy of EDS' proposal is included
as Attachment A. Geosyntec has also solicited a quote from Peavey & Associates (Peavey) to
survey the locations of the new groundwater monitoring wells and prepare the required drawing
for submittal to FDEP. Peavey also provided similar services during Cell 1 construction. A
copy of Peavey's proposal is included as Attachment B.
A Geosyntec's hydrogeologist or geotechnical engineer will be on-site to supervise the work.
Upon completion of the well installation, Geosyntec will develop the wells in preparation for the
initial background sampling and analyses. The locations of all wells will be surveyed and a well
completion report will be prepared and submitted to FDEP in accordance with the requirements
of the MPIS. It has been assumed that the sampling and laboratory analyses will be performed
by SWDD's contracted analytical laboratory and has therefore not been included in the budget
estimate.
Following installation of the monitoring wells, Geosyntec will coordinate with Peavey to survey
the wells and prepare the drawing for submittal to FDEP. The drawing will include all well
locations, each monitoring well name and identification (WACS) number, the top of casing, pad
elevation, and permanent benchmark referenced to NGVD 1929 to the nearest 0.01 feet.
Geosyntec will prepare a summary report to document the installation and completion of the new
groundwater monitoring well clusters. The report will be submitted within 30 days after
installation as required by the specific conditions of the Final Permits. The summary report will
include as -built well construction diagrams, soil boring logs, and the survey drawing prepared by
Peavey.
JL15065_Proposal for Class I Landfill Engineering Services.doc
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TASK
DESCRIPTION
DUE DATE
AMOUNT
Task 1
Kick -Off Meeting
Upon award
$2,000
Task 2
Gather and Analyze Historical Information
30 days
$14,100
Task 3
Project Revenue Requirements
45 days
$5,100
Task 4
Design New Tipping Fees and Assessments
60 days
$5,000
Task S
Draft and Final Reports
90 days
$8,800
TOTAL (Lump Sum) _
$35,000
FUNDING:
Funding for the Solid Waste Rate Study and Management Plan is budgeted and available in the
Professional Services account in the SWDD Landfill Fund which is funded from SWDD assessments
and user fees.
ACCOUNT NO.:
Description
Account Number
Amount
Professional Services
41121734-033190
$35,000
RECOMMENDATION:
SWDD staff recommends that its Board approve the following:
a) Approve Work Order No. 2 with SCS Engineers in the amount of $35,000 to provide a Solid
Waste Rate Study and Management Plan.
b) Authorize the Chairman to execute the same, as presented.
ATTACH M ENT(s):
1) Work Order No. 2 — SCS Engineers
APPROVED FOR AGENDA:
0
oseph Ji. Baird, County Administrator
Date
Indian River Co.
A p roved
Date
Administration
a7
Legal
Budget
SWDD
Iv
swoD -Finance
Vit-
_Zs
SWDD Agenda - WO No 2 SCS Engineers Solid Waste Rate Study Page 2 of 2 165
WORK ORDER INUMBER 2
Solid Waste Rate Study and Business Plan
This Work Order Number 2 is entered into as of this _ day of . 2016 pursuant to that
certain Continuing Contract Agreement for Professional Services, dated 11/15/11 , 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 COUNT".
a political subdivision of the State of Florida ("COUNTY") and SCS Engineers ("Consultant")
The COUNTY has selected the Consultant to perform the professional services set forth on
Exhibit 1 (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 2 (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 3 (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 h;:nre executed this Work Order as of the date first
written above.
CONSULTANT:
SCS Engineers
BY:
MiaJ RRoogoff
Title: Project Director
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
By:
, Chairman
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
Dyfawl. Reingold, County Attorney
166
Exhibits .15 2, and 3
Environmental Consultants 4041 Park Oaks Blvd 813 621-0080
and Contractors Suite 100 FAX 813 623-8757
Tampa, FL 33610-9501 www.scs6ngineers.com
January 6, 2016
File No.090516215
Mr. Himanshu H. Mehta, P.E.
Managing Director
Indian River County — Solid Waste Disposal District
1325 74`h Avenue SW
Vero Beach, FL 32968
Subject: Work Order #2 — Solid Waste Rate Study and Business Plan
Dear Mr. Mehta:
SCS Engineers (SCS) is please to present the following proposal to conduct a solid waste rate
study and business plan (Project). This proposal has been prepared at the request of the County's
Solid Waste Disposal District (District).
The following scope of services (Exhibit 1), corresponding fcc estimate (Exhibit 2), and Project
schedule (Exhibit 3) are provided by SCS Engineers (SCS). This scope of services is to perform
a solid waste cost of service and rate study for the County's District.
Task 1- Kick Off Meeffing
SCS proposes to kick off the project with an initial face-to-face meeting shortly following the
award of this project. To help us frame the scope of this project; SCS will request background
information so that we can review reports, data, and my ether related information relevant to
collection operations prior to the meeting. We will then prepare an agenda that will include the
following:
9 Summary of proposed project outline and data gaps that this project will address.
o initial goals and objectives for this project that will drive the review.
r Project timeline, milestones, and deliverables.
Task 2 - Gather and Analyze Historical Information
An important aspect of predicting future revenues and expenditures is to understand the past
operating performance since the last rate study. We will also gather pertinent demographic
data, solid waste generation statistics, and financial data. These data will then be organized into
a revised Pro Forma Model, which will enable SCS to provide the County with an analysis of the
rate impacts of system changes.
167
Task 3 - Project Revenue Requirements
The "revenue requirement" isjust what it implies. Itis the total amount of money the
County must collect to pay District expenditures needed to provide its targeted levels of
service while meeting its financial requirements (e.g., funding debt service obligations,
maintaining coverage ratios, and maintaining fund balance requirements, etc.). The
revenue requirement also will include long-term capital expenditures that are paid out of
current rates and not paid by bond proceeds, if any.
The revenue requirement at the time of ratemaking will be determined by annualizing the
fiscal year-to-date cash expenditures. Additionally, adjustments would be made by SCS
for any significant non-recurring expenditures (e.g., one-time payments at the end of the
fiscal year).
Revenue requirements for future years (e.g., 10 years through 2025) would then be projected
by applying anticipated changes in the expenditures to the current revenue requirement. These
changes may include such items as: inflation, increases in worker' wages, fuel adjustments,
more strict requirements from regulating agencies, and leachate treatment adjustments. They
may also include expected costs for new projects and new programs. In addition to projected
cash expenditures, any adjustments will be made to account for required increases, if any, in
fund balance or County financial policies.
Task 4 - Design New Tipping Fees and Assessments
After completion of Task 3, SCS will finalize the Pro Forma Model to enable development
of rate designs (e.g., tipping fee and waste generation units (WGU) pursuant to the District's
Resolution No. 95-1). There are various issues with the Resolution No. 95-1 (vacancy
credits, recycling credits, and deviation policies) as well as the assessment categories
themselves. SCS will evaluate waste generation rates for various land use categories, as
needed. SCS will analyze these issues and prepare recommendations for consideration by
the District.
SCS will prepare three sensitivity runs of the Model (e.g., different estimated inflation rates,
waste generation growth, and recycling rates) for possible recommended rates and
assessments by the District.
Task 5 - Draft and Final Reports
Once these steps outlined above are completed, SCS will then prepare a Draft Report of the
conceptual design of the system rate study. The Draft Rate Study will be issued to the County
for review and comment. Based on comments received, SCS will then modify the Draft Rate
Study Report and prepare a Final Report.
SCS staff will prepare a PowerPoint presentation summarizing the results of the study and
be available for attendance at a Board of County Commissioners meeting to discuss the
recommended rates and assessments.
168
Rate Study Deliverables
Revised Pro Form Rate Model in Microsoft Excel
o Draft Report
Final Report
Fee
SCS proposes to undertake this task assignment for a lump, sum fee of $35,000 (Exhibit 2).
Invoices will be issued monthly with an estimate of milestone completion.
Schedule
The Project schedule (Exhibit 3) was developed in light of the District's needs for corapteticri of
the overall assessment rates for the next fiscal year.
Sold- Waste DisposQ,l Distric ' f I
Solid ';A,;aste Rate Study and Business Plain
Pi-oiec-t Schedule
Month I 9g+Onth 2 Month 3 Month 4 Month 5 , Month 6
[ask i
Task 3
Task
1-0 sk,5
<> Presentation
164
SCS appreciates the opportunity to assist you with this project. Please call Marc Rogoff at 813-
810-5547 if you have any questions or need anything else.
Sincerely,
Bruce J. Clark, P.E.
Project Director
SCS ENGINEERS
0� V
Marc J. Rogoff, Ph.D.
Project Director
SCS ENGINEERS
170
ATTACHMENT A. MANPOWER AND FEE ESTIMATE.
Solid Waste Rate Study and Business Plan
Indian River County, FL
Personnel
1
2
Task (Hours)
3 4
5
Task (Quantity)
4 5
Total
(hours)
Rate
($)
Total
($)
Office Director/Officer
0
01
0
0
0
0
0
0
240
0
Project Director
8
501
24
24
40
0
0
146
210
30,66
Ploject Malulyx
0
0
0
0
0
0
0
0
150
0
Senior Superintcndent
0
0
0
0
0
0
0
0
125
0
Project Professional
0
30
0
0
0
0
0
30
1201
3.60(
N,Djcct Engincer
0
0
0
01
0
01
0
0
95
0
Staff Engineer
0
0
0
0
0
0
0
01
88
day
Site/O&M Superintendent
0
0
0
0
0
0
0
0
75
Senior- Technician
01
0
0
0
0
0
0
0
75
Parking & Tolls
Designer
0
0
0
00
0
0
0
0
95
40
Draftsperson
0
0
0
0
0
0
0
0
95
01
Technician
0
0
0
0
0
0
0
0
62
01
SecretariaUCleiical
1
1
0
01
3
01
0
5
70
315
Subtotal LAbor (hours)
9
81
24
241
43
0
0
181
0
0
Subtotal Labor (S)
1,750
14.1351
5,040
5,040
8,610
0
0
0
0
34,575
Reimbursables
235
0
16
0
125
0
0
l
0
376
G&A, 15 nt reimbursables
35
01
2
0
19
0
0
each
50
56
Total Fee Estimate
52,000
$14,1001
$5,100
$5,000
$8,800
$0
$0
each
0
S35,000
REIMBURSABLE COSTS
Page 2
Reimbursable
Unit
Cost
($)
Unit
1
2 1 3
Task (Quantity)
4 5
Total
Units
Total
($)
Subconsuitant
1
is
0
0
0
0
0
0
0
0
0
Equipment rental
40
day
0
0
0
0
0
0
0
0
0
Outside lbrfremp Secs
1
hour
0
0
0
0
0
0
0
0
Laboratory Services
1
each
0
0
0
0
0
0
0
0
0
Vehicle Mileage (Auto)
0.55
mile
0
0
0
0
0
0
0
0
Vehicle Mileage (Truck)
0.55
mile
0
0
0
0
0
01
0
0
0
Rental Car
75
day
1
01
0
01
1
0
0
2
150
Truck
0
0
0
0
0
0
0
0
Parking & Tolls
2
0
0
0
0
0
0
2
40
Air Fare
0
0
0
0
0
0
0
01
0
Meal Per Diem
t70da
1
0
0
0
1
0
0
2
60
l.od in , Hotel
1
0
0
0
0
0
0
1
7Tele
hone Calls
0
0
0
0
0
0
0
0
0
Fazes
6
each
0
0
0
0
0
0
0
0
0
Postage & Freight
15
Is
l
0
0
01
0
0
0
1
15
Reproduction (Xerox)
0.10
each
50
01
0
01 200
01
0
250
25
Re induction (Graphics)
3
each
0
01
0
0
0
0
0
0
CAD plots (2406)
4
ench
0
0
4
0
0
0
0
4
16
CAD plots(I)x17)
0.4
tach
0
0
0
0
0
0
0
0
0
CAD plots (8x11)
0.1
each
0
0
0
0
0
0
0
0
0
Computer (CAD)
201
hour 1
0
0
0
0
0
0
01
0
Reproduction (Drawings)
61
sheet0
0
0
0
0
0
0
01
0
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173
15bS
INDIAN RIVER COUNTY i4`R
�- Z
SOLID WASTE DISPOSAL DISTRICT
BOARD MEMORANDUM
Date: January 22, 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 e)� •YA•
Subject: Work Order No. 3 to SCS Engineers for a Conceptual Design of a new
Household Hazardous Waste and Citizen Drop -Off Center
DESCRIPTIONS AND CONDITIONS:
The Solid Waste Disposal District (SWDD) has been operating a Household Hazardous Waste (HHW)
and a Citizen Drop-off center at the main landfill for over 20 years. The Citizen Drop-off center
consists of a location where residents and businesses with small vehicles can safely dispose of their
solid waste, recyclables and construction materials without having to go to the Class I landfill.
In accordance with the 2014 Solid Waste Master Plan recommendations, the facilities have been
identified to be upgraded this fiscal year. In order to proceed, staff recommends a step wise approach
in first planning the improvements and developing a conceptual design of the improvements. Future
work would include detailed design, permitting, bidding and construction services.
ANALYSIS:
SCS Engineers has submitted Work Order No. 3 to initiate the planning and conceptual design
work for a new HHW and Citizen Drop-off center. The project is broken down into two tasks as
shown in the table below with an overall goal of completion within 21 days of award. The scope
includes surveying services, coordination with FP&L, the County Building department and an
Administrative Approval process with the County Planning department. A preliminary construction
estimate will also be provided to ascertain if the conceptual design is within our fiscal budget for
this project.
TASK,
DESCRIPTIONDUE.
DATE
AMOUNT
Task 1
Initial Conceptual Design (includes survey)
21 Days
$12,586
Task 2
Final Conceptual Design
$10,246
r— TOTAL (Lump Sum) _
$22,832
SWDD Agenda - WO No 3 SCS Engineers New HHW and Citizen Drop -Off Center Page 1 of 2 17Z
FUNDING:
Funding for the new HHW and Citizen Drop-off center 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
$22,832
RECOMMENDATION:
SWDD staff recommends that its Board approve the following:
a) Approve Work Order No. 3 with SCS Engineers in the amount of $22,832 to provide
engineering services for a new Household Hazardous Waste and Citizen Drop-off center.
b) Authorize the Chairman to execute the same, as presented.
ATTACHMENT(s):
1) Work Order No. 3 — SCS Engineers
B=Josep9A.'B_aird,
n ,
County Administrator
Fo? aZ0/
Date Or
Indian River Co.
Approved
Date
Administration
11P7 A6
Legal
Budget
SWDD
SWDD-Finance
12Y itP
SWDD Agenda - WO No 3 SCS Engineers New HHW and Citizen Drop -Off Center Page 2 of 2
03
WORK ORDER NUMBER 3
Concept Design Layout for New Citizen's HHW and Recyclables Drop-off Facility
This Work Order Number 3 is entered into as of this _ day of _ , 2016 pursuant to that
certain Continuing Contract Agreement for Professional Services, dated 11116111, and that certain Extension
and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4' 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 SCS Engineens ("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 A (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 he incorporated in each
individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the, parties hereto have executed this Work Ord& as of the date first
written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
SCS Engineers,_. � OF INDIAN RIVER COUNTY
By:
Bruce Clark , Chairman
Title: Project Director _
BCC Approved Date:
Attest: Jeffrey R. Smith, Clerk of Court and Comptroller
By:
Approved:
Deputy Clerk
Joseph A. Baird, County Administrator
Approved as to form and legal sufficiency:
Oran T. Reingold, County -Attorney
11.4
Environmental Consultants 4767 New Broad Street 407 514-2766
and Contractors.."; = Suite 222 FAX 407 514-2604
Orlando, FL 32214 www.scsengineers.com
January 6, 2016
File No. 090001216 Exhibit a
Mr. Himanshu -Mehta, P.E.
Managing Director
Indian River County — Solid Waste Disposal District
1325 74h Avenue, SW
Vero Beach, FL 32968
Subject: New Citizen's Household Hazardous Waste Collection and Reevelables Drop -Off
Facility
Dear Himanshu:
'rhe County is interested in providing a new, efficient, site; and aesthetically pleasing facility at
ihe. lAhdfill for -citizens to cone in and dreil�tsff r %yclabl materialg, mash-, cons=_tuction and
d.er.u�litt��n �CKD) d�l?riS, tirid huii�8_ht�ld hi�a;ct�;us;istL:y IMMFi�V i. •This proposal i for SCS
Engineers (SCS) to assist the County in the plamiing and conceptual design of the facility. Future
proposals will include detailed design, permitting, bidding, and construction services.
SCOPE OF SERVICES
Task 9, initial Conceptual Design
SCS will visit the landfill and become familiur with the location. and features of the area where
the Courav wants Ui put the facility. At. i i:t.iune, we will.obt. i- the County's initial Criteria far
he facility. including;, in general; traffic patterns, aweigh-in/weigh-outre-quirements, existing
buildings that can be demolished or rota ned, wilitivis that may need i�dl_ivcation, orientation to
:Scalehouse, drainage features, potable water, and others.
SCS will retain a licensed surveyor to prepare a current topographic survey of the area
designated for the new facility, including the Scalehouse and existing adjacent roadways.
Following receipt of the survey, SCS will prepare an initial conceptual layout of the major
features, including buildings, roads, and stormwater management, "swap shop" for reusable
material like used paint, potable water; power lines, and green space. An area also will be
designated where existing drop-offs can continue while the new facility is being constructed.
The facility's design likely will be modeled similar to the County's Oslo satellite drop-off
facility at 950 1" Place.
The initial layout will be shared with the County Solid Waste personnel to get their initial input
on desired changes and/or additions to the plan. SCS will make hese :1zanges. The revised
design will be shared with Florida Power & Light (FP&L) to obtain their initial requirements for
Offices Nationwide `t
175
Mr. Himanshu Mehta, P.E.
January 6, 2016
Page 2
the power supply at the facility and the process for requesting relocation of existing power lines,
if necessary.
At this point, the plan should also be discussed with the County Building Department to get their
input before going any further. That work is described in the next task
.Deliverable: Provide Draft Concept Site Layout Plan, and updated Topographic Survey. Attend
one meeting with Couhty Solid Waste personnel.
Task 2. Final Conceptual Design
SCS will coordinate a meeting with the County Solid Waste personnel mid the County Building
Department /Planning Division personnel to discuss the draft conceptual plan. At that meeting
SCS will pain a better understanding of what specific site development featums are required by
the County including; ratio of permeable to impermeable: area, landscaping, utilities, drainage,
parking, signage, and others.
Following the tneetina, and M;eipt of initial input from FP&L, SCS will prepare a revised draft
coaracepwal plan that will iricoalx?rate the County's requirements and :try other diRin g6x ur
additions desired. SCS will prepare at this stage a preliminary construction cost estimate, so that
the cost can be compared to the County's budget.
SCS will provide they Coutaty a rexiRw plan, and then niect with the. County to go ovu any
comments or changes. At this tine_, changes should be ul.-We, if uccessary, to ]ring the design in
wider the :urrent budget. ince the final. concept is approved, SCS would then like Ix-) discus
pieparittg :ulclitictnal scope and fee to provide foil enghx-e-ring, perxittiug, and a iiiAtrwtiou
oversight. for the actual pre�;---ct.
Deliverable: Attend one meeting,each %%-ith the County Building Dept. and the County Planning
Division, provide Final Concept Site layout, complete. the Aduuniwa- tive Approval Application
Form (including Land Clearing. Application, the Tree R.-moval Petniit Application, Floc)i Zine
and Tax I.D.) and submit to Planning for. approval.
SCS assumes the County will provide to SCS for this form a copy of the Owner's Deed. SCS
will include the Administrative Fee ($200) in our fee-.
FEE AND SCHEDULE
SCS' fee estimate to complete Task 1 and 2 is $22,531 Because there are some unknowns at
this time, including whether power Panes can be. mored. land use requirements, and actual usable
drainage features, we will invoice monthly, on a time and material: basis for actual work
completed. Our rates are as provided in the attached Fet Schedule. If the actual work goes
outside the scope we will notify you and discuss if an extra fee is warranted.
176
Mr. HPmanshu Mehta, P.E.
January 6, 2016
Page 3
We can have the initial concept site layout completed for your initial review in approximately 21
business days. Overall we estimate that we can complete the Tasks in approximately 100 days,
including County reviews.
The cost per task is as in the following table. A breakdown of staff classification, hourly rate,
and allocated hours to the Tasks is provided in Exhibit B (attached).
TASK
COST (Fee) $
Task 1. Initial Conceptual Design
12,586
Task 2. Final Conceptual Design
10,.U6
Total
22,832
A Work Order is attacl;cM for your convenience. 1'lea,;e call .13z CC. Clark ai; 813=621-0080 Ext.
2130 if you any questions Or need anvihiiig o1s:�.. We look, forward to working with you ttgtii.n.
Sincerely,
Marc J. Rogoff, Ph.D. Bruce J. Clark, P.E.
Project Director Prujcet Directior
SCS ENGINEERS SCS ENGINEERS
BJC/mjr
cc:
177
Exhibit B - Task and Fee Breakdown
Indian River County Solid Waste Disposal District
Concept Design Layout for New Citizen's HHW and Recyclables Drop -Off Facility
Labor Category
1
2
Tasks (Hours)
'Total
(hours)
Rate
($)
Total
($)
Princi al/Office Director
2
0
0
0
0
0
0
2
240
480
Project Director
0
0
0
0
0
0
0
0
0
210
0
Senior Project Manager
0
0
0
0
0
0
0
0
0
170
0
Project Manager
0
0
0
0
0
0
0
0
0
150
0
Senior Project Professional
10
201
0
0
0
0
01
0
30
135
4,050
Project Professional
0
0
0
0
0
0
0
0
0
120
0
Senior Superintendent
0
0
0
0
0
0
0
0
0
105
0
Designer
16
12
0
0
0
0
0
0
28
110
3,080
Staff Professional
22
41
0
0
0
0
0
0
63
100
6,300
Associate Staff Professional
01
0
0
0
0
0
0
0
0
85
0
Sr. Field Tech
0
0
0
0
0
0
0
0
0
90
0
Sr.Office Services Manager
0
0
0
0
0
0
0
0
0
a5
0
ecrectarial/Clerical
3
3
0
0
0
0
0
0
6
70
420
Laborer / Technician
0
2
0
0
0
0
0
0
2
62
124
Subtotal Labor (hours)
51
11
80
0
0
0
0
0
0
131
Subtotal Labor ($)
Project Management 10%
Reimbursables
5,520
552
5,664
8,934
893
364
0
0
0
0
0
0
0
0
0
0
0
0
14,454
1,445
6,028
G&A 15%
Total Fee Estimate
850
$12,586
55
$10,246
0
$0
00
$0
$0
0
$0
0
$0
0
$0
904
$22,832
Notes:
Task 1 - Initial Conceptual Design
Task 2 - Final Conceptual Design
Exhibit B - Task and Fee Breakdown
Indian River County Solid Waste Disposal District
Concept Design Layout for New Citizen's HHW and Recyclables Drop -Off Facility
REIMBURSABLE COSTS
Reimbursable
Proposed Sub (civil)
Unit Cost
S
1
Unit
T&M
1
Task (Quantity)
2
Total
Units
0
Total
(S)
0
Proposed Sub (TEAM)
1
T&M
0
0
Proposed Subcontractor
1
LS
5,500
5,500
5,500
Subcontractors (Ecological)
1
T&M
0
0
Subcontractor (hydro-geotecl
1
LS
0
0
Laboratory Services
1
T&M
01
0
Vehicle Mileage (Auto)
0.560
mile
50
50
100
56
Vehicle Mileage Truck0.445
mile
0
0
Rental Car
70
day
0
0
Truck
75
day
0
0
Truck
1,300
mo.
0
0
Parking & Tolls
10
is
01
0
Air Fare
1
T&M
01
0
Meal Per Diem
30
day
0
0
Lodging, Hotel
70
day
0
0
Telephone Calls
5
each
10
10 ,
20
100
Administrative Fee
1
each
200
200
200
Postage & Freight
20
is
1
1
20
Reproduction(Xerox)0.10
each
01
0
Reproduction (Graphics)
3
each
2
2
4
12
Equipment Rental (GEM)
125
day
0
0
Draeger Tubes
5
each
0
0
Licenses/Permits
1
T&M
0
0
Computer (CAD)
5
hour
16
12
28
140
Reproduction (Drawings)
6
slieet
I
I i
1 01
0
Reimburseables 6,028
Notes:
Phase 1 - Southeast County Facility General Services
Task 1510 - LFGTE Bid Proposal Assistance
SCS ENGINEERS FEE SCHEDULE
(Effective through December 31, 2016)
1. The hourly rates are effective through December 31, 2016. Work performed thereafter is
subject to a new Fee Schedule issued for the period beginning January 1, 2016.
2. The above rates include salary, overhead, administration, and profit. Other direct expenses,
such as analyses of air, water and soil samples, reproduction, travel, subsistence,
subcontractors, computers, and other reimbursable fees, are billed in accordance with the
attached reimbursable fee schedule or at cost, plus 15 percent for administration.
3. For special situations, such as expert court testimony, hourly rates for principals of the firm
will be on an individually -negotiated basis.
180
Rate/Hour ($1
PrincipalJOffice Director.................................................................
240
ProjectDirector....................................................................................................
210
Senior Project Advisor...................................................................
190
Senior Project Manager.......................................................................................
170
ProjectManager...........................................................................
150
Senior Project Professional............................................................. :....................
135
Project Professional.............................................................................................
120
Designer....................................................................................
110
Construction Superintendent ...........................................................................
105
StaffProfessional.................................................................................................
100
Designer/Drafter..................................................................................................
95
SeniorTechnician ...............................................................................................
90
Associate Staff Professional...............................................................................
85
Technician...........................................................................................................
62
Secretarial/Clerical..............................................................................................
70
1. The hourly rates are effective through December 31, 2016. Work performed thereafter is
subject to a new Fee Schedule issued for the period beginning January 1, 2016.
2. The above rates include salary, overhead, administration, and profit. Other direct expenses,
such as analyses of air, water and soil samples, reproduction, travel, subsistence,
subcontractors, computers, and other reimbursable fees, are billed in accordance with the
attached reimbursable fee schedule or at cost, plus 15 percent for administration.
3. For special situations, such as expert court testimony, hourly rates for principals of the firm
will be on an individually -negotiated basis.
180
SCS ENGINEERS
REIMBURSABLES FEE SCHEDULE
(Effective January 1, 2016 through December 31, 2016)
ADM)(NISTRA.TION/NIILEAGE Un ($Cost Unit
Reimbursable
Vehicle Mileage
Truck Usage
Reproduction — Black and White Copies
Reproduction - Color Copies
CAD Usage
Current Federal
Rate mile
$75 day
0.10
each
0.75
each
5
hour
181