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10/21/2014 (3)
JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27`" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLL >i. DATE: October 9, 2014 SUBJECT: APPROVAL OF WARRANTS October 4, 2014 to October 9, 2014 In compliance with Chapter 136.06, Florida Statutes, all warrants (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 list of warrants, issued by the Comptroller's office, for the time period of October 4, 2014 to October 9, 2014. Attachment: DB: MS 1 CHECK NBR 317990 317991 317992 317993 317994 317995 317996 317997 317998 317999 318000 318001 318002 318003 318004 318005 318006 318007 318008 318009 318010 318011 318012 318013 318014 318015 318016 318017 318018 318019 318020 318021 318022 318023 318024 318025 318026 318027 318028 318029 318030 318031 318032 318033 318034 318035 318036 318037 318038 318039 318040 318041 318042 318043 318044 318045 318046 318047 CHECKS WRITTEN CK DATE VENDOR AMOUNT 10/9/2014 JORDAN MOWER INC 2,007.77 10/9/2014 VERO CHEMICAL DISTRIBUTORS INC 352.40 10/9/2014 AT&T WIRELESS 689.18 10/9/2014 AT&T WIRELESS 100.00 10/9/2014 DATA FLOW SYSTEMS INC 3,560.25 10/9/2014 DELTA SUPPLY CO 94.67 10/9/2014 E -Z BREW COFFEE & BOTTLE WATER SVC 7.48 10/9/2014 GRAINGER 854.05 10/9/2014 KELLY TRACTOR CO 755.79 10/9/2014 CHANDLER EQUIPMENT CO INC 3,300.00 10/9/2014 DAILY COURIER SERVICE INC 1,115.00 10/9/2014 HACH CO 1,060.90 10/9/2014 MASTELLER MOLER & TAYLOR INC 4,429.50 10/9/2014 ROWMAN & LITTLEFIELD PUBLISHING GROUP INC 27.00 10/9/2014 NATIONAL FIRE PROTECTION ASSOC 112.45 10/9/2014 EGP INC 236.81 10/9/2014 FLORIDA VETERINARY LEAGUE 268.00 10/9/2014 TIRESOLES OF BROWARD INC 312.05 10/9/2014 ECOLOGICAL ASSOCIATES INC 32,623.98 10/9/2014 CARTER ASSOCIATES INC 13,385.00 10/9/2014 GENERAL PART INC 397.04 10/9/2014 BAKER & TAYLOR INC 2,522.81 10/9/2014 MIDWEST TAPE LLC 318.42 10/9/2014 MICROMARKETING LLC 67.98 10/9/2014 K & M ELECTRIC SUPPLY 697.60 10/9/2014 HARRINGTON INDUSTRIAL PLASTICS LLC 680.15 10/9/2014 HARRINGTON INDUSTRIAL PLASTICS LLC 902.65 10/9/2014 ATKINS NORTH AMERICA INC 19,050.37 10/9/2014 FLORIDA ASSOCIATION OF COUNTIES INC 14,929.00 10/9/2014 GREENE INVESTMENT PARTNERSHIP LTD 71.87 10/9/2014 TINDALE-OLIVER & ASSOCIATES INC 6,849.36 10/9/2014 CLERK OF CIRCUIT COURT 1,923.40 10/9/2014 CITY OF VERO BEACH 35.20 10/9/2014 CITY OF VERO BEACH 4,067.98 10/9/2014 ILLINOIS STATE DISBURSEMENT UNIT 142.32 10/9/2014 CHAPTER 13 TRUSTEE 478.38 10/9/2014 COMPBENEFITS COMPANY 200.14 10/9/2014 COLONIAL LIFE & ACCIDENT INS CO 84.72 10/9/2014 AMERICAN FAMILY LIFE ASSURANCE CO 15,445.03 10/9/2014 INDIAN RIVER ALL FAB INC 297.50 10/9/2014 AMERICAN SOCIETY OF CIVIL ENGINEERS 265.00 10/9/2014 INDIAN RIVER COUNTY SHERIFF 30.00 10/9/2014 TREASURE COAST REGIONAL PLANNING 58,163.00 10/9/2014 FLORIDA EAST COAST RAILWAY LLC 31,500.92 10/9/2014 LIVINGSTON PAGE 40.00 10/9/2014 JANITORIAL DEPOT OF AMERICA INC 729.04 10/9/2014 TREASURE COAST HOMELESS SERVICES 2,354.83 10/9/2014 PUBLIX SUPERMARKETS 137.85 10/9/2014 INDIAN RIVER COUNTY UTILITIES 83.06 10/9/2014 FLORIDA DEPT OF AGRICULTURE AND 400.00 10/9/2014 FLORIDA DEPT OF AGRICULTURE AND 13,821.36 10/9/2014 FLORIDA WATER & POLLUTION CONTROL 180.00 10/9/2014 GEOSYNTEC CONSULTANTS INC 1,202.92 10/9/2014 IRC CHAMBER OF COMMERCE 55,532.50 10/9/2014 WEST PUBLISHING CORPORATION 105.00 10/9/2014 FEDERAL EXPRESS 81.99 10/9/2014 DUNKELBERGER ENGINEERING & TESTING 10,175.00 10/9/2014 FAMOSO INC 606.00 1 CHECK NBR 318048 318049 318050 318051 318052 318053 318054 318055 318056 318057 318058 318059 318060 318061 318062 318063 318064 318065 318066 318067 318068 318069 318070 318071 318072 318073 318074 318075 318076 318077 318078 318079 318080 318081 318082 318083 318084 318085 318086 318087 318088 318089 318090 318091 318092 318093 318094 318095 318096 318097 318098 318099 318100 318101 318102 318103 318104 318105 318106 318107 CK DATE VENDOR 10/9/2014 FLORIDA POWER AND LIGHT 10/9/2014 FLORIDA POWER AND LIGHT 10/9/2014 FLORIDA POWER AND LIGHT 10/9/2014 THOMAS S LOWTHER FUNERAL HOME CORP 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 PHILLIP J MATSON GIFFORD YOUTH ACTIVITY CENTER INC CITY OF FELLSMERE NSI ALPHA CORPORATION STRUNK FUNERAL HOMES & CREMATORY TRAFFIC & PARKING CONTROL COMPANY COX GIFFORD SEAWINDS FLORIDA STATE GOLF ASSOCIATION FLORIDA UC FUND GREY HOUSE PUBLISHING HENRY SMITH NATIONAL ASSOCIATION OF COUNTIES PITNEY BOWES INC INDIAN RIVER COUNTY HISTORICAL PETTY CASH G K ENVIRONMENTAL INC OSCEOLA COUNTY WESTSIDE REPROGRAPHICS OF VERO BEACH INC COMCAST COMCAST BANK OF NEW YORK BRIDGE DESIGN ASSOCIATES INC CHRISTOPHER KAFER HAYTH,HAYTH & LANDAU INDIAN RIVER COUNTY HOUSING AUTHORITY FLORIDA ASSOC OF CODE ENFORCEMENT HOMETOWN NEWS CHARLES SHIPLEY ST LUCIE COUNTY BOCC ED SCHLITT LC RUSSELL PAYNE INC ALLSTATE ST JOHNS RIVER ALLIANCE INC JOSEPH W VASQUEZ THE CLEARING COMPANY LLC CENTRAL PUMP & SUPPLY INC DICKERSON FLORIDA INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT LARRY STEPHENS WALT DISNEY PARKS AND RESORTS 1ST FIRE & SECURITY INC FLORIDA SUPERIOR SAND INC D&S ENTERPRISES OF VERO BCH LLC PETER OBRYAN PAK MAIL COMMUNICATIONS BROKERS & CONSULTANTS INC JOHNNY B SMITH GLOBALSTAR USA BRIAN FREEMAN BENNETT AUTO SUPPLY INC TREASURE COAST FOOD BANK INC MICHELLE VAN KEULEN K'S COMMERCIAL CLEANING PIONEER TECHNOLOGY GROUP AMOUNT 3,780.34 1,865.41 253.22 425.00 27.05 520.59 185.27 411.00 425.00 2,315.00 425.00 150.00 3,884.97 307.50 130.00 2,505.00 201.00 3,954.88 35.28 3,436.00 10,296.86 25.58 72.95 83.81 1,250.00 200.25 4.65 125.00 43.00 70.00 350.00 455.00 92,076.75 500.00 655.53 555.16 2,500.00 130.00 2,045.00 495.96 708,598.53 218.68 221.64 123.67 60.00 447.00 144.00 1,466.35 27.00 15.59 80.02 9.20 130.00 119.12 27.05 78.44 715.92 100.00 2,385.00 11,869.00 2 CHECK NBR 318108 318109 318110 318111 318112 318113 318114 318115 318116 318117 318118 318119 318120 318121 318122 318123 318124 318125 318126 318127 318128 318129 318130 318131 318132 318133 318134 318135 318136 318137 318138 318139 318140 318141 318142 318143 318144 318145 318146 318147 318148 318149 318150 318151 318152 318153 Grand Total: CK DATE VENDOR 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 10/9/2014 I0/9/2014 PAULA WHIDDON NICOLACE MARKETING INC TERESA PULIDO HELPING ANIMALS LIVE -OVERCOME GLISSON & CO INC DE LA HOZ BUILDERS INC ALMM LLC INEOS NEW PLANET BIOENERGY LLC ATLANTIC COASTAL LAND TITLE CO LLC JULIE NORMAN FCC ENVIRONMENTAL LLC FLORIDA ENVIRONMENTAL CONSULTING INC VERO BEACH INVESTMENTS LLC SEMS TECHNOLOGIES LLC SEMS TECHNOLOGIES LLC BORRELLI & PARTNERS INC GFA INTERNATIONAL INC CLEAR VILLAGE INC AMERICAN CONSUMER PROGRAMS INC MILLIKEN FORESTRY COMPANY INC TIM ZORC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC CB&I COASTAL PLANNING & ENGINEERING INC CB&I COASTAL PLANNING & ENGINEERING INC AGN SPORTS LLC STEVEN G HANSEN COMMERCIAL BUILDING MAINTENANCE SPECTER INSTRUMENTS INC AMERICAN SIGN RECOVERY INC C E R SIGNATURE CLEANING GONZALEZ SAGGIO & HARLAN LLP CHEMTRADE CHEMICALS CORPORTATION SAMBA HOLDINGS INC CONSTANCE TAIBI-LEWIS FAMILY SUPPORT REGISTRY PAIGE LESTER DESIGNER CONCRETE COUNTERS LLC PIERCE GOODWIN ALEXANDER & LINVILLE INC GLOBAL DIGITAL FORENSICS INC EUROFINS EATON ANALYTICAL INC FALLON TUTHILL ALTHEA BUCKNER LINDA SNOWHILL JOSLYN WILLIAMS SHIP INDEX LLC AMOUNT 500.00 100.00 210.00 25.00 1,360.00 47,161.00 1,700.00 75,701.35 75.00 90.00 11.80 2,833.35 479.00 5,750.00 15,000.00 18,763.66 30,305.75 2,160.00 550.00 1,000.00 202.14 3,562.00 2,526.72 77,991.97 25,594.02 150.00 240.00 1,590.00 395.00 2,228.47 5,000.00 30,144.31 2,504.31 1,161.32 140.00 9.66 98.42 1,848.00 6,500.00 800.00 600.00 45.00 50.00 50.00 400.00 682.08 1,542,161.22 3 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1004951 10/7/2014 COPYCO INC 18.87 1004952 10/7/2014 ARAMARK UNIFORM & CAREER APPAREL LLC 597.75 1004953 10/7/2014 SVI SYSTEMS INC 645.00 1004954 10/7/2014 PRIDE ENTERPRISES 2,600.00 1004955 10/9/2014 COMMUNICATIONS INTERNATIONAL 3,168.11 1004956 10/9/2014 NORTH SOUTH SUPPLY INC 78.26 1004957 10/9/2014 INDIAN RIVER BATTERY 163.85 1004958 10/9/2014 INDIAN RIVER OXYGEN INC 56.75 1004959 10/9/2014 HOMELAND IRRIGATION 1,303.58 1004960 10/9/2014 THE EXPEDITER 213.96 1004961 10/9/2014 COMMUNITY ASPHALT CORP 469.88 1004962 10/9/2014 FERGUSON ENTERPRISES INC 2,044.80 1004963 10/9/2014 COMO OIL COMPANY OF FLORIDA 3,184.21 1004964 10/9/2014 SCRIPPS TREASURE COAST PUBLISHING LLC 1,019.00 1004965 10/9/2014 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,149.59 1004966 10/9/2014 MUNICIPAL WATER WORKS INC 287.44 1004967 10/9/2014 HYDRA SERVICE (S) INC 2,369.00 Grand Total: 19,370.05 1 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3224 10/7/2014 INDIAN RIVER COUNTY SHERIFF 600,000.00 Grand Total: 600,000.00 1 CONSENT: 10/21/14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attomey William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: oard of County Commissioners FROM: ���illiam K. DeBraal - Deputy County Attorney DATE: October 14, 2014 SUBJECT: Resolution Canceling Taxes on Property Purchased for 66th Avenue Right -Of -Way and Stormwater Retention from Brian R. Hood, a/k/a Brian Hood A Resolution has been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the property purchased by Indian River County from Brian R. Hood, a/k/a Brian Hood for stormwater retention and 66th Avenue right-of-way. Said property is fully described in that certain General Warranty Deed recorded in Book 2787 at Pages 1863-1864 of the Public Records of Indian River County, Florida. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to each of Fixed Assets, Budget and the County Attorney's Office. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for October 21, 2014 BCC Meeting Consent Agenda 7 Indian River Co. A m�oved Date Admin. (.:1 !Dl4 Co. Atty. / .11 Budgett7I Yti4:1 }4� Department --- Risk Management --- --- 7 Parcel # 31-39-31-00000-7000-00011.0 Purchased by Indian River County from Brian R. Hood, a/k/a Brian Hood Public Purpose: for 66th Avenue right-of-way and stormwater retention RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 8 RESOLUTION NO. 2014 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands purchased from Brian R. Hood, also known as Brian Hood, for 66th Avenue right-of-way and stormwater retention, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached General Warranty Deed recorded in Book 2787, Pages 1863-1864, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 9 RESOLUTION NO. 2014 - Commissioner Peter D. O'Bryan, Chairman Commissioner Wesley S. Davis, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding Yes Current Prorated Tax Received and Deposited With Tax Collector $ No 3 APPROVED AS TO ORM SAIF AN i3Y WILL A 4 K. DEWLAM. LPUTY COUNTY ATTORNEY 10 3120140053578 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2787 PG: 1863, 9/11/2014 2:06 PM D DOCTAX PD 50.70 This instrument was prepared incident to the issuance of a title insurance contract, and is to be returned to: Jason A. Beal Atlantic Coastal Land Title Company, LLC 855 21" St., Suite C Vero Beach, Florida 32960 ACLT File Number: 44081063 Parcel ID Number: 31-39-31-00000-7000-00011.0 GENERAL WARRANTY DEED This deed, made as of this 8th day of September, 2014, by Brian R. Hood, also known as Brian Hood (as Grantor); and Indian River County, a political subdivision of the State of Florida, whose post office address is: 1801 27th St., Vero Beach, FL 32960 (as Grantee); (Wherever used herein, the terms "grantor' and "grantee' shall include singular and plaral, heirs, kgal representative, and assigns of individuals, and the successors and assigns of corporations, partnerships or other entities; wherever the contest so admits or requires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: A parcel of land situated and lying in part of the Southeast 1/4 of Section 31. Township 31 South. Range 39 East, Indian River County. Florida, and being described as: The South 666.91 feet of the East 437.15 feet of the South 55 acres of the Southeast 1/4 of Section 31, Township 31 South. Range 39 East, LESS AND EXCEPT the East 238.71 feet of the North 208.71 feet of the South 283.71 feet thereof, LESS AND EXCEPT the East 30.00 feet and the South 25.00 feet for road right-of-way, said land lying and being in Indian River County Florida. AND The East 238.71 feet of the North 208.71 feet of the South 283.71 feet of that certain parcel described as the East 437.15 feet of the South 896.85 feet of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the East 30 feet, said parcel being part of the East 45 acres of the ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency 11 BK: 2787 PG: 1864 South 55 acres of the Southeast 1/4 of Section 31, Township 31 South, Range 39 East, LESS AND EXCEPT the West 36 acres, all lying and being in Indian River Count, Florida. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND grantor hereby covenants with grantee that grantor is lawfully seized of said land in fee simple; that grantor has good right and lawful authority to sell and convey said land; that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances, except taxes for the year in which this deed is given; and restrictions, reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however, this clause shall not be construed to reimpose same). Pursuant to Rule 12B-0.013(4), F.A.C., this deed is given to a governmental agency under threat of condemnation or as a part of an out-of-court settlement of condemnation proceedings and is not subject to tax The grantor herein warrants and avers that grantor does not reside on the lands conveyed hereby, nor on contiguous land; nor does any member of grantor's family dependent upon grantor for support. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of: Brian R. Hood 6001 N Highway A1A, PMB 8041 Vero Beach, FL 32963 The foregoing instrument was acknowledged before me the date hereinafter given, by Brian R. Hood; who was/were either personally known to me; or produced identification of sufficient character so as to identify said individual(s) with reasonable certainty; and who did/did not take an oath. Witness my hand and official seal in the County and State last aforesaid, this 8th day of September, 2014. JASON A. BEAL +.� No:ary Paohc -Sure of nn,itla My C cmr• E,; ;r:.. 2r. ,1 t:crnmrssion N EE E,'' Sorrel Through kahonal 4;:.:..:� ATLANTIC COASTAL LAND TITLE COMPANY, LLC A Full Service, Florida Title Insurance Agency Notary Public 12 CONSENT: 10/21/14 Oce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: oard of County Commissioners FROM: illiam K. DeBraal - Deputy County Attorney DATE: October 14, 2014 SUBJECT: Resolution Canceling Taxes on Property Acquired for 66th Avenue Right -Of -Way from Three Dogs & A Horse, LLC A Resolution has been prepared for the purpose of canceling any delinquent, omitted or current taxes which may exist on the property acquired by Indian River County from Three Dogs & A Horse, LLC for 66th Avenue right-of-way. Said property is fully described in that certain Warranty Deed recorded in Book 2794 at Pages 2315-2316 of the Public Records of Indian River County, Florida. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent, omitted or current taxes can be cancelled, and to also send a copy to each of Fixed Assets, Budget and the County Attorney's Office. /nhm Attachment: Resolution cc: Carole Jean Jordan - Tax Collector David Nolte - Property Appraiser Approved for October 21, 2014 BCC Meeting Consent Agenda UNTY ATTORNEY 13 Indian River Co. Ap.oved Date Admin. PA /q/ �� Co. Atty. I I Budget (b l; 14 Department Risk Management --- 13 Parcel # 33-39-20-00001-0130-00004.0 Acquired by Indian River County from Three Dogs & A Horse, LLC Public Purpose: for 66th Avenue right-of-way RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 14 RESOLUTION NO. 2014 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Any and all liens for taxes delinquent or current against the following described lands acquired from Three Dogs & A Horse, LLC, a Florida limited liability company, for 66"' Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2794, Pages 2315-2316, Public Records of Indian River County, Florida. 2. The Clerk to the Board of County Commissioners is hereby directed to send a certified copy of this resolution to the Tax Collector and the Property Appraiser with a copy to each of Fixed Assets, Budget, and the County Attorney's Office. The resolution was moved for adoption by Commissioner and motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 2 15 RESOLUTION NO. 2014 - Commissioner Peter D. O'Bryan, Chairman Commissioner Wesley S. Davis, Vice Chairman Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of October, 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk BY APPROVED AS TO Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited With Tax Collector $ 3 ORM WILLIAM IC, DEORAAL DEPUTY COUNTY ATTORNEY 16 3120140059858 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2794 PG: 2315,10/13/2014 8:37 AM D DOCTAX PD $0.70 • . THIS INSTRUMENT PREPARED BY: George G. Collins, Ir., Esq. (bb) COLLINS, BROWN, CALDWELL, BARKETT, GARAVAGLIA & LAWN, CHARTERED 756 Beachland Boulevard Vero Beach, Florida 32963 WARRANTY DEED //(IL This WARRANTY DEED made this , , day of October, 2014, between THREE DOGS & A HORSE, LLC, a Florida limited liability company, whose address is 4555 13th Street SW, Vero Beach, FL 32968, hereinafter called the GRANTOR, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the GRANTEE. ("Grantor and Grantee" are used herein for singular or plural, the singular shall include the plural, and any gender shall include all genders, as context requires.) WITNESSETH, that said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, in hand paid to said Grantor, the receipt whereof is hereby acknowledged, has granted, bargained, and sold unto the said Grantee, and Grantee's heirs or successors, and assigns forever, all that certain parcel of land in the County of Indian River and State of Florida, to wit: The North 10.00 feet of the South 60.00 feet of the following described parcel: The West 20.86 acres of Tract 13, except the East 60 feet thereof, Section 20, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company Subdivision recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida, less and except the West 45.00 feet thereof, said land now lying and being in Indian River County, Florida. The above described road right of way containing 5,758.78 S.F. and Grantor does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever, except taxes accruing subsequent to December 31, 2013 and restrictions, reservations, limitations, covenants, and easements of record, if any. 17 BK: 2794 PG: 2316 IN WITNESS WHEREOF, the grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: PrintedName.iav' b y6t. A STATE OF FLORIDA COUNTY OF INDIAN RIVER Three Dogs & A Horse, LLC, a Florida limited liabi1j y company By: 1 CAI 4442 Audrey Grai'es Sexton, anager The foregoing instrument was acknowledged before me this 3A day of October, 2014, by Audrey Graves Sexton, Manager of Three Dogs & A Horse, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (Notary Seal) "'. BAae+weABr+m 4 :Y MY COMMISSION BEE 853938 EXPIRES:March 21, 2617 +' Bonded Rev Nola, Rik Und s Printed Name: ! tij t iiA rt k Notary Public My Commission Expires: 34//7 APPROVED AS TO 1=(;; ANE L FF ! .: 8 WILLIAM K. DESRAAI. DEPUTY COUNTY ATTORNIL 18 Office of Consent 10/21/14 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Board of County Commissioners illiam K. DeBraal, Deputy County Attorney October 15, 2014 Permission to File Lawsuit for Possession of Mobile Home As a result of the hurricanes of 2004 and 2005, the State of Florida funded a program known as the Hurricane Housing Repair Program (HHRP). This program provided funds to low and very low income residents to replace their hurricane demolished mobile home with a mobile home that met the current wind speed requirements. The County participated in the HHRP and purchased mobile homes for eligible residents. Following the purchase of the mobile home, the County held title to the home and was the first lien holder on the title. In accordance with HHRP guidelines, up to $50,000 of the purchase price was a grant that would expire and be forgiven in ten years. Any funds expended to purchase the home in excess of $50,000 was a grant loan, which had to be repaid if the mobile home was sold within the first ten years. After ten years, the grant loan would also be forgiven. In April 2006, Deloris Swiger Moore qualified under the HHRP and purchased a new mobile home that was set up at Whispering Palms Mobile Home Community and RV Resort, 10305 U.S. Highway 1, Sebastian, FL. The final purchase and set up price was $60,741.00 which is the amount of the lien held by the County. Residents of Whispering Palms do not own the property underneath their homes, rather they pay monthly rent and utilities to the landlord. Ms. Moore and her companion, Ms. Jeannie O'Shay resided in the mobile home but Ms. O'Shay was not on the title to the home. In July 2011, Ms. Moore passed away, leaving two heirs to her property: a daughter and a son. The heirs were contacted by the County SHIP program managers and the daughter wrote to inform the County that she wanted no interest in the mobile home. The son expressed a passing interest in the home at various times but did not take any action to take over title to the mobile home. In the mean time, Ms. O'Shay continued to live in the home and pay the lot rent and utilities. In • MEL I ! !l; AGENDA J dTY ATTORNEY 19 Lawsuit for Possession of Mobile Home October 15, 2014 Page 12 August 2014, Ms. O'Shay passed away so the mobile home is now empty. The daughter was again contacted concerning the home and again informed staff that she was not interested in the home and that the son had died in 2011. The County has been contacted by the manager at Whispering Palms concerning the mobile home as the rent has gone unpaid since September. The manager was informed that the County would have to file suit to recover possession of the home and the park manager offered any assistance she could provide in advancing the lawsuit. If the County desires to protect its lien interest, a lawsuit in replevin (repossession) would have to be filed in Circuit Court in order for the County to become the title holder. Once the County has title in its name, the mobile home could be offered for sale in order to try to recoup some of the money lent to buy the home. The HHRP has ended and has been closed out, so any funds received from sale of the mobile home would most likely be used in our SHIP program. The mobile home is in good condition and would have a value of more than $25,000. Funding: Filing fees and service of process would be approximately $1,000 and would come from the SHIP Fund/Other Professional Services, Account #12322869-033190. Recommendation: Staff recommends the Board authorize the County Attorney's Office to file a law suit in replevin against the owner's estate to protect the County's lien interest and once title to the mobile home is in the County's name, authorize its sale in accordance with County Purchasing Manual Guidelines. Copies to: Sasan Rohani Barbara Cournoyer, Manager, Whispering Palms 20 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: FROM: DATE: SUBJECT: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP• ommunity Development Director Phil Matson, AICP; MPO Staff Directorl Brian Freeman, AICP; Senior Transportation Planner October 9, 2014 Request for the Board of County Commissioners to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (Public Transportation Block Grant) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 2014. DESCRIPTION & CONDITIONS For the past several years, Indian River County has applied for and received mass transit operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. Each year, the County combines Block Grant funds with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2014/15, $457,662 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $457,662. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds will be applied as a local/state match towards $915,324 in federal operating assistance through the Section 5307 program ($843,381) and the Section 5311 program ($71,943). As a result, the county will receive $1,372,986 in combined federal and state transit operating assistance. F:\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2015 staff report.docx 1 21 In terms of transit, the County receives most of its funding through the federal Section 5307 grant program. To obtain those federal Section 5307 funds, the County must complete an application and follow a process that includes several steps. For FY 2014/15, the first step is to apply for state Block Grant funds. Subsequent steps include applying for federal capital and operating assistance and applying for Florida toll revenue credits for use as a soft match for federal capital assistance. According to state regulations, Block Grant funds may be used for both eligible capital and operating costs of public transit providers. Because the local match requirement for the capital portion of the County's FY 2014/15 Section 5307 grant may be met by soft -match rather than cash -match funds (which effectively provides for 100% federal funding of capital expenses), the entire FY 2014/15 Block Grant is proposed as a partial match for Section 5307 operating funds. Pursuant to state regulations, Block Grant funds may not exceed 50% of the nonfederal share oftotal eligible operating expenses of transit service provision. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. To receive the Block Grant funds, the County must enter into a Joint Participation Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds, although the funds may be passed through to a nonprofit provider. Under these restrictions, SRA has requested that the Board of County Commissioners apply for state Block Grant funds on its behalf. The attached Joint Participation Agreement (JPA) is an agreement between FDOT and Indian River County specifying the requirements which the County must meet in order to receive Block Grant funds. One of the most important of these requirements is that the County prepare and approve an annual update to its Transit Development Plan (TDP). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Once the JPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. FUNDING Funding in the amount of $457,662 is budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230). These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. F:\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2015 staff report.docx 2 22 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form APPROVED AGENDA ITEM: FOR:{,t) a7/ 2 // BYE F:\Community Development \Users\MPO\ Transit \Grants\Block\2015-2019\2015 staff report.docx 3 23 Indian River Co, A. .roved Date Admin. Ei>i j0l0/11 Legal f Budget 10/t44. Dept. i , % 13 //y Risk Mer. ' F:\Community Development \Users\MPO\ Transit \Grants\Block\2015-2019\2015 staff report.docx 3 23 RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2014/15 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2014/15 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain FY 2014/15 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2014/15 Section 5307 grant application. 2. That the Indian River County Community Development Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2014/15 Public Transportation Block Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc F:\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2015 bcc resolution.docx Page 1 of 2 24 RESOLUTION NO. 2014 - The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of October , 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of October , 2014. APPROVED AS TO LEGAL SUFFICIENCY BY: 1(/(All - Dylan Reingold, County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: Stan Boling, AI Community De Director pment Department F:\Community Development\Users\MPO\Transit\Grants\Block\2015-2019\2015 bcc resolution.docx Page 2 of 2 25 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 1 of 14 Financial Project No.: 407190-4-84-01 (item -segment -phase -sequence) Contract No.: CFDA Number: N/A CFDA Title: Fund: DPTO Function: 215 Federal No.: N/A DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088774 FLAIR Obj.: 750010 Org. Code: 55042010429 Vendor No.: VF596000674007 CSFA Number: 55.010 CSFA Title: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341.052,341.071 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide funding assistance to Indian River County for public transportation operating services. and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page 1 of 14 26 725-030-06 PUBLIC TRANSPORTATION OGC - 1114 Page 2of14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 915,324.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 457,662.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is Tess. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is El is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. Page 2 011427 725.030.06 PUBLIC TRANSPORTATION OGC - 1/14 Page 3 0114 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 6.00 Accounting Records: 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 28 Page 3of14 725-03606 PUBLIC TRANSPORTATION OGC • 1/14 6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and Page 4of,4 Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOTs Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 6.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Page 4 of 14 29 725-030-05 PUBLIC TRANSPORTATION OGC - 1/14 Page 5 0114 Part 111 Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and required by Section 6.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133 as revised, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133 as revised. 2. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipients audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133 as revised, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133 as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us Page 5 of 14 30 725.03046 PUBLIC TRANSPORTATION OGC • 1/14 Page 6 of 14 3. Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 6.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the Toss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: 31 Page 6 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 7 0114 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.22 Litigation: There is then -pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Page 7of14 32 725-030-08 PUBLIC TRANSPORTATION OGC - 1/14 Page 8 o114 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude aII projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services 33 Page 8of14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 10.21 Compliance with Consultants' Competitive Negotiation Act It is understood and agreed by the parties Page 9off4 hereto that participation by the Department in a project with an Agency, where saki project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attorney shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 34 Page 9 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 100114 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal govemment issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state govemment. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. Page 10 of 14 35 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 725030-06 PUBLIC TRANSPORTATION OGC • 1/14 Page 11 0114 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. Page 11 of 14 36 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the Pape ,2or„ constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2019 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 37 Page 12 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/11 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of Page 130114 the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 38 Page 13 of 14 725-030-06 PUBLIC TRANSPORTATION OGC • 1/14 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Indian River Board of County Commissioners AGENCY NAME SIGNATORY (PRINTED OR TYPED) SIGNATURE TITLE APPROVED AS TO FO AND AL FF BY /4006-11 , l WILLIAM PC. DEDRAAt. DEI'UTYCOUNTY ATTORNEY See attached Encumbrance Fomi for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE 39 Pape 14 0114 Financial Project No. 407190-4-84-01 Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. PROJECT LOCATION: Indian River County BOCC PROJECT DESCRIPTION: To provide funding assistance to Indian River County for public transportation operating services. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. A. The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Departments contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. B. The Public Transit Block Grant Program was enacted by the Florida Legislature to provide a stable source of funding for public transit. The block grant funds may be used for eligible operating costs of public transit providers including the total costs of administration, management, and operations directly incident to the provision of public bus transit services, but excluding the depreciation or amortization of capital assets. Up to 50% of eligible operating costs can be paid with program funds, or an amount equal to the total revenue, excluding farebox, charter, advertising revenue and federal funds, received by the provider for operating costs, whichever amount is Tess. Deliverables shall include: 1. Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA or FTA's acknowledgment letter as soon as available. 2. Submit for approval the performance measures identified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 each year, as identified below: a. Passenger Trips b. Revenue Miles c. Total Operating Expense d. Operating Revenue e. Vehicles Operated in Maximum Service f. Base Fare g. Revenue Miles Between Vehicle System Failures h. Days/Hours Service is Available i. Operating Expense per Passenger Trip 3. Submit the publisher's affidavit from a newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measures for Newspaper Publication of FDOT Procedure 725-030-030 were Page 1 of 2 40 EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES published each year after Department written approval. 4. Submit a copy of the Transit Development Plan (TDP) annual progress report or plan update each year. C. Submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into WWW.transcip.com, and clicking on the "Quarterly Report" tab. D. Submit an invoice on the project at least every calendar quarter or as they may specify in an email to the Department's Project Manager. This email must be provided in the invoice packet provided to the Department. The Agency shall include two (2) invoice hard copies of the back-up and one in TransCIP, and three (3) original Invoice Summary Sheets. Please refer to JPA Sections 5.0 and 6.0, for correct payment provisions. Contact the Department's Project Manager for any additional questions before invoicing. SPECIAL CONSIDERATIONS BY DEPARTMENT: The Department is providing these funds as a Grant -In -Aid for the public transit program. The Department does not receive goods or services directly for this funding. The Department is authorized under Florida Statutes to enter into this agreement as specified elsewhere in this agreement. Page 2 of 2 41 Financial Project No. Contract No. 407190-4-84-01 Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. PROJECT COST: $ 915,324.00 TOTAL PROJECT COST: 11. PARTICIPATION: Maximum Federal Participation FTA $ 915,324.00 ( 0 %) or $ 0.00 Agency Participation In -Kind ( %) or $ Cash ( 50 %) or $ 457,662.00 Other ( %) or $ Maximum Department Participation, Primary DPTO ( 50 %) or $ 457,662.00 Federal Reimbursable ( %) or $ Local Reimbursable ( %) or $ TOTAL PROJECT COST: $ 915,324.00 Page 1 of 1 42 Financial Project No. Contract No. 407190-4-84-01 Agreement Date EXHIBIT "C" (For State Block Only) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. REF: Section 341.052 F.S. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Sec. 341.052(1) F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. Block grant funds shall not exceed local revenue during the term of this agreement. (Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities.) Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this agreement. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. Page 1012 43 EXHIBIT "C" (For State Block Only) The Agency shall require the independent auditor, retained to perform the audit as required by the Single Audit Act of 1984, to specifically test and certify that these limitations (...funds shall not exceed local revenue...funds shall not be expended for depreciation or amortization of capital assets...funds shall not supplant local tax revenues made available for operations in the previous year) of the block grant program as delineated in Chapter 341.052 F.S., have been adhered to. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department of Transportation prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to FS 341.071 (2). A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapter14.pdf. Mark the required Safety submittal or provisions for this agreement if applicable. Safety Requirements X Bus Transit System - In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System - (established) In accordance with Florida Statute 341.061, the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System - (This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment.) In accordance with Florida Statute 341.061, the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. 44 Page 2 of 2 Financial Project No. Contract No. 407190-4-84-01 Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Compliance Requirements Catalog of Federal Domestic Assistance (Number & Title) Amount STATE RESOURCES State Agency Catalog of State Assistance (Number & Title) Amount Florida Department of Transportation 55.010 $457,662.00 Compliance Requirements Restrictions: Funding is limited to public transit providers eligible to receive funding from the Federal Transit Administration's Section 5307 and 5311 programs, and to Community Transportation Coordinators. Projects must be consistent with applicable approved local govemment comprehensive plans. (725-030-004 entitled "Section 5311 Program") Application Procedures: Pursuant to Department Rule 14-73.001, Florida Administrative Code, prospective applicants are to develop and adopt a Transit Development Plan and submit such to the appropriate District Office by July 1 each year. Additional information may be obtained from the INFORMATION CONTACT listed below. Award Procedures: The Department distributes 85 percent of the funding to Section 5307 providers and to Section 5311 providers who are not Community Transportation Coordinators. The Commission for the Transportation Disadvantaged distributes 15 percent of the funding to Community Transportation Coordinators according to their own procedures Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount 45 Page 1 of 2 EXHIBIT "D" Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. 46 Page 2 of 2 GRANT NAME: Florida Public Transportation Block Grant GRANT 4: NA AMOUNT OF GRANT: $457,662 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 I. How long is the grant for? One Year Starting Date: January 1, 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 5. Grant match amount required: $ 457,662 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? $457,662 County match already budgeted in general fund 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries $915,324 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $457,662 Signature of Preparer: Date: 7o- / 47 Grant Amount Other Matching Costs Match Total First Year $457,662 $ $457,662 (County Match) $915,324 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 7o- / 47 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: JA 1 Stan Boling, A , Community Development Director THROUGH: Phil Matson, £''' P; MPO Staff Director4‘n FROM: Brian Freeman, AICP; Senior Transportation Planner a DATE: October 10, 2014 SUBJECT: Request for the Board of County Commissioners to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (Formula Grants for Rural Areas) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 2014. DESCRIPTION & CONDITIONS For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). For FY 2014/15, $71,943 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $35,971.50 from the state Public Transportation Block Grant and $35,971.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Joint F:\Community Development\Users\MPO\Transit\Grants\5311\1415\jpa staff report.docx 1 48 Participation Agreement (JPA) with FDOT, a copy of which is attached to this staff report (Attachment 2). ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the JPA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the JPA, County staff will transmit the JPA to FDOT. Once the JPA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2035 Long Range Transportation Plan. FUNDING Funding in the amount of $35,971.50 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Number 00111041-088230 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached Public Transportation Joint Participation Agreement and adopt the attached resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Joint Participation Agreement 2. FDOT Public Transportation Joint Participation Agreement 3. Grant Budget Form F:\Community Development \Users\MPO\Transit\Grants\5311\1415\jpa staff report.docx 2 49 Indian River Co, Appr. ;1 Date Admin. *i ((o 11 `% 0/(00 Legal VII i Budget toli4 14 Dept. 0 iel i 31i(/ Risk Mer. 2 49 RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a public transportation Joint Participation Agreement with the Florida Department of Transportation to obtain $71,943 in FY 2014/15 Formula Grants for Rural Areas (Section 5311) funds, for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of October , 2014. F:\Community Development\Users\MPO\Transit\Grants\531 1\1415\jpa resolution.docx Page 1 of 2 50 RESOLUTION NO. 2014 - BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Peter D. O'Bryan, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. The Chairperson thereupon declared the resolution duly passed and adopted this 21st day of October , 2014. APPROVE AS TO LEGALNCY BY: jaw oJ Dylan• ,� a Reing ld, 1 County Attorney Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS BY: ng, Stan Boli AI , Director Deve o Community pment Department F:\Community Development\Users\MPO\Transit\Grants\5311\1415\jpa resolution.docx Page 2 of 2 51 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION OGC • 1/14 Page 1 of 14 Financial Project No.: 407182-2-84-01 (item -segment -phase -sequence) Contract No.: CFDA Number: 20.509 CFDA Title: Fund: DU Function: 215 Federal No.: FL -18-X034 DUNS No.: 80-939-7102 Agency DUNS No.: FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55042010429 Vendor No.: VF596000674007 CSFA Number: N/A CSFA Title: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 12/31/2019 and this Agreement will expire unless a time extension is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 341 Florida Statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide funding assistance to Indian River County for a non -urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program, 49 U.S.C. 5311. and as further described in Exhibit(s) A.B.0 & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. Page 1 of 14 52 725-030-06 PUBLIC TRANSPORTATION OGC . 1114 Pape 2 of 14 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. The Department has the option to require an activity report on a quarterly basis. The activity report will include details of the progress of the project towards completion. 3.00 Project Cost: The total estimated cost of the project is $ 143.886.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 71.943.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "B", whichever is less. 4.10 Project Cost Eligibility : Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 15.00 of this Agreement; Approval of all plans, specifications, contracts or other obligating documents as required by the Department, and all other terms of this Agreement; (c) Department approval of costs in excess of the approved funding or attributable to actions which have not received the required approval of the Department and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding : Front end funding 0 is ® is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 53 Pape2 of 14 5.00 Project Budget and Payment Provisions: 5.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement, or Amendment thereto, and is approved by the Department Comptroller. 5.20 Payment Provisions: Unless otherwise allowed, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 6.00 Accounting Records: 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 3of14 6.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Records of costs incurred under terms of this Agreement shall be maintained in the project account and made available upon request to the Department at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Agency and all sub -consultants performing work on the Project and all other records of the Agency and sub -consultants considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five (5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 6.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 6.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 6.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 6.60 Audit Authority: In addition to the requirements below, the Agency agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, Florida's Chief Financial Officer or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 54 Page 3of14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 4 0114 6.61 Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 as revised and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133 as revised, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agency is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 6.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133. 3. If the recipient expends less than the amount in Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of state funds, the following annual audit criteria will apply: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends Tess than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 55 Page 40114 725-030-06 PUBLIC TRANSPORTATION OGC • 1/14 Page 5 of 14 Part III Other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133 as revised, as revised, and required by Section 6.62 Part I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133 as revised, by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us B. The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133 as revised, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133 as revised. 2. In the event that a copy of the reporting package for an audit required by Section 6.62 Part I of this Agreement and conducted in accordance with OMB Circular A-133 as revised is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133 as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133 as revised, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB CircularA-133 as revised, and any management letters issued by the auditor, to the Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fl.us 56 Page 5of14 72603D-06 PUBLIC TRANSPORTATION OGC • 1/14 Page 6 o114 3. Copies of financial reporting packages required by Section 7.62 Part 11 of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fi.us B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 6.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSingleAudit@dot.state.fi.us 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133 as revised, Section 215.97, Florida Statutes, and Chapter 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 as revised or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 6.63 Record Retention: The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 6.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. 6.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the Toss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. The Department may waive or modify this section as appropriate. 7.00 Requisitions and Payments: Page 6of14 57 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 7 of 14 7.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District Four Public Transportation Office 3400 W. Commercial Blvd Ft. Lauderdale FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 6.10 hereof) to justify and support the payment requisitions. 7.11 The Agency shall provide the following quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Each deliverable must specify the required minimum levet of service to be performed and the criteria for evaluating successful completion. 7.12 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit "A". Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. 7.13 Supporting documentation must establish that the deliverables were received and accepted in writing by the Department and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as specified in Section 2.00 and Exhibit "A" has been met. 7.14 Invoices for any travel expenses by the Agency shall be submitted in accordance with Chapter 112.061, F.S., and shall be submitted on the Department's Travel Form No. 300-000-01. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 7.15 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 7.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 7.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 7.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 7.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 7.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; 7.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. or 7.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." Page 7 of 1458 725-030-06 PUBLIC TRANSPORTATION OGC . 1114 Page 8 of 14 7.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, after the expiration date of this Agreement, costs which are not provided for in the latest approved scope and budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved by the Department and costs invoiced prior to receipt of annual notification of fund availability. 7.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 8.00 Termination or Suspension of Project: 8.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 7.21 to 7.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 8.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 8.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 9.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 10.00 Contracts of the Agency: 10.10 Third Party Agreements: The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant, purchase of commodities contracts or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the project, the Department must exercise the right to third party contract review. 10.20 Procurement of Personal Property and Services 59 Page 8 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 10.21 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties Page 9 of 14 hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287.055, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with Chapter 287.055 F.S., the Consultants' Competitive Negotiation Act. 10.22 Procurement of Commodities or Contractual Services: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves the purchase of commodities or contractual services or the purchasing of capital equipment or the constructing and equipping of facilities, which includes engineering, design, and/or construction activities, where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Chapter 287.017 F.S., is contingent on the Agency complying in full with the provisions of Chapter 287.057 F.S. The Agency's Attomey shall certify to the Department that the purchase of commodities or contractual services has been accomplished in compliance with Chapter 287.057 F.S. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", or that is not consistent with the project description and scope of services contained in Exhibit "A" must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department as provided in Section 7.23. 10.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.31 DBE Policy: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The recipient's DBE program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.) 10.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 11.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 11.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 60 Page 9of14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Pepe 10 of 11 11.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 11.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in employment on the basis of race, color, national origin, creed, sex, and age. 11.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 11.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 11.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States, or the State of Florida legislature, shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 12.00 Miscellaneous Provisions: 12.10 Environmental Regulations: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith. 12.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 12.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 61 Page 10 of 14 12.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 12.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 11 of 14 12.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 12.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 12.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 12.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 12.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, Toss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, Toss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 62 Page 11 0114 72503406 PUBLIC TRANSPORTATION OGC • 1114 13.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the Page 12011/ constructing and equipping of facilities, where plans and specifications have been developed, the Agency shall provide an Engineer's Certification that certifies project compliance as listed below, or in Exhibit "C" if applicable. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, hereinafter collectively referred to as "plans", the Agency will certify that: a. All plans comply with federal, state, and professional standards as well as minimum standards established by the Department as applicable; b. The plans were developed in accordance with sound engineering and design principles, and with generally accepted professional standards; c. The plans are consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement as well as the Scope of Services; and d. The plans comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. Notwithstanding the provisions of this paragraph, the Agency, upon request by the Department, shall provide plans and specifications to the Department for review and approvals. 14.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. 15.00 Appropriation of Funds: 15.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 15.20 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 16.00 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2019 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 8.00 of this Agreement shall be initiated. 16.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 17.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 18.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 19.00 Restrictions on Lobbying: 63 Page 12of14 725030-06 PUBLIC TRANSPORTATION OGC - 1t14 19.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of Page 13 or„ the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 19.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 20.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of Tess than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 21.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 22.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 23.00 E -Verify: Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 64 Page 13 of 14 725-030-06 PUBLIC TRANSPORTATION OGC - 1/14 Page 14 of 14 IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDOT Indian River Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE Gerry O'Reilly DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE APPROVED AS TO AN /, L , FI/14 S 13Y ORM WILLIAM . DEE>,RAAL DEPUTY COUNTY ATTORNEY Page 14 of 14 65 Financial Project No. 407182-2-84-01 Contract No. Agreement Date EXHIBIT "A" PROJECTS DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. PROJECT LOCATION: Indian River County BOCC PROJECT DESCRIPTION: To provide funding assistance to Indian River County for a non -urbanized area public transportation project consisting of operating assistance for a public transportation system as authorized under Section 5311 of the Federal Transit Administration's Program, 49 U.S.C. 5311. SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 6.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable, and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project. Deliverables: 1, The Agency shall submit quarterly progress reports via TransCIP, the web -based state grant management software, by logging into WWW.transcip.com, and clicking on the "Quarterly Report" tab. 2. The Agency shall submit an invoice on the project at least every calendar quarter or as they may specify in an email to the Department's Project Manager. This email must be provided in the invoice packet provided to the Department. The Agency shall include two (2) invoice hard copies of the back-up and one in TransCIP, and three (3) original Invoice Summary Sheets. Please refer to JPA Sections 5.0 and 6.0, for correct payment provisions. Contact the Department's Project Manager for any additional questions before invoicing. 3. The Agency shall upload annual farebox report to TransCIP under the Library tab to the Agency's Fare Box Documents. 4. The Agency shall submit DBE reports via TransCIP semi annually. 5. Funds shall be used for public transit services in non -urbanized areas. For agencies whose service area includes both urbanized and non -urbanized areas, special care shall be taken to ensure funding is not inappropriately applied to urbanized area service. Agencies must develop a method of allocating costs between urbanized and non -urbanized area service. This can be based on passengers, route maps or other records or methods. SPECIAL CONSIDERATIONS BY DEPARTMENT: Page 1of1 66 Financial Project No. Contract No. 407182-2-84-01 Agreement Date EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. PROJECT COST: $143,886.00 TOTAL PROJECT COST: II. PARTICIPATION: Maximum Federal Participation FTA Agency Participation $ 143,886.00 ( 0 %) or $ 0.00 In -Kind ( %) or $ Cash ( 50 %) or $ 71,943.00 Other ( %) or $ Maximum Department Participation, Primary DU Federal Reimbursable Local Reimbursable ( 50 %) or $ 71,943.00 ( %) or $ ( %) or $ TOTAL PROJECT COST: $ 143,886.00 Page 1 of 1 67 Financial Project No. Contract No. 407182-2-84-01 Agreement Date EXHIBIT "C" (Section 5311) This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 referenced by the above Financial Project Number. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. app. ' 5311) and Section 341.051(1)(a) Florida Statutes. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR part 655. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. The Section 5311 subrecipient shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the FDOT and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to so comply shall constitute a material breach of this contract. The Section 5311 subrecipient assures the project will be completed in accordance with all applicable requirements imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S. C. 2000d, and 49 CFR part 21, and understands that this assurance extends to its entire facility and to facilities operated in connection with the project. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. Pursuant to 69 U.S.C. 5323(0 and 49 CFR Part 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR Part 661, if using the funds granted under this agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 if the agreement exceeds $100,000. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352(b)(5) and 49 CFR Part 19, Appendix A, Section 7. If this agreement is for a construction project over $100,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. 7401 if this agreement exceeds $100,000. 68 Page 1 of 2 EXHIBIT "C" (Section 5311) The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (49U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback acts as codified at 40 U.S.C. 3141 and 18 U.S.C. 874 for any agreement exceeding $2,000. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act codified at 40 U.S.C. 3701. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 40 U.S.C. 5311 and 29 CFR Part 215. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any FDOT requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. In accordance with Florida Statute 341.061, and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule 14-90 and has performed annual safety inspections of all buses operated. The agency shall require the independent auditor, retained to perform the audit as required by the Office of Management (OMB) Circular A-133 and/or the Florida Single Audit Act, 215.97 F.S., to specifically test and certify that services funded by the program were provided in non -urbanized areas, that there was no restriction on public use, and that the State and Federal share of eligible costs did not exceed amounts specified in the approved project budget (Exhibit B). 69 Page 2 of 2 Financial Project No. Contract No. 407182-2-84-01 Agreement Date EXHIBIT "D" FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: (e.g., What services or purposes the resources must be used for) (e.g., Eligibility requirements for recipients of the resources) (Etc...) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Aaencv Federal Transit Administration Compliance Requirements Authorization (040): Catalog of Federal Domestic Assistance (Number & Title) 20.509 American Recovery and Reinvestment Act 2009, 49 U.S.0 5311. Objectives (050): Amount $ 71,943.00 To improve, initiate, or continue public transportation service in nonurbanized areas (rural and small areas under 50,000 population) and to provide technical assistance for rural transportation providers. Types of Assistance (060): FORMULA GRANTS Uses and Use Restrictions (070): Section 5311 funds may be used for eligible capital expenses, project administration, and operating expenses needed to provide efficient and coordinated public transportation service in nonurbanized areas. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum ,feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the govemor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. States may use up to 15 per cent of the annual apportionment for planning and program administration. Projects must provide for the maximum feasible coordination of public transportation sources assisted under this section with transportation services assisted by other Federal sources, and must provide for the maximum feasible participation of private operators. Fifteen percent of the State's annual apportionment must be spent to support rural intercity bus transportation, unless the govemor certifies that such needs are adequately met. Rural Transit Assistance Program (RTAP) funds may be used for technical assistance, training, research, and related support services. Page 1 of 3 70 EXHIBIT "D" Eligibility Requirements (080) Applicant Eligibility (081): Only designated State agencies and Indian Tribes may apply directly to FTA for grants. Eligible sub -recipients may include State agencies, local public bodies and agencies thereof, nonprofit organizations, Indian tribes, and operators of public transportation services, including intercity bus service, in rural and small urban areas. Private for-profit operators of transit or paratransit services may participate in the program only through contracts with eligible recipients. Private intercity bus operators may participate as subrecipients or through contracts. Urbanized areas, as defined by the Bureau of the Census, are not eligible. Beneficiary Eligibility (082): The general public, both users and nonusers, and private and public providers of public transportation in nonurbanized areas. Credentials/Documentation (083): The State agency must be designated by the Governor to administer the program. Projects must be included in the State Transportation Improvement Program (STIP) approved by FTA and FHWA. The state and subrecipients must agree to the standard labor protection warranty for the program. Environmental assessments may be required. Compliance with FTA's annual list of Certifications and Assurances is required. Eligible coast must be in accordance with OMB Circular A-87. The state must submit a program of projects listing all subrecipients and projects in accordance with FTA Circular 9040.1 F issued April 4, 2007. FTA annually issues a Federal Register Notice of apportionments, allocations and program information. For fiscal year 07, the publication date was March 23, 2007. Prior year notices can be found on the FTA website at www.fta.dot.gov or by contacting the appropriate FTA regional office to obtain copies or publication dates. OMB Circular No. A-87 applies to this program. Formula and Matching Requirements (101): Statutory Formula: Title 49, Part 18. Matching Requirements: Program funds are apportioned annually to the states according to a statutory formula. Twenty percent of the funds are allocated by the ratio of nonurbanized land area of each State to the nonurbanized land area of all the States with no State receiving more than five percent of these funds. Eighty percent are allocated by the ratio of nonurbainzed population of each State to the nonurbanized population of all of the states. In addition to the funds made available to States under section 5311, approximately 16 percent of the funds authorized for the new section 5340 Growing States and High Density States formula factors will be apportioned to States for use in nonurbanized areas. Rural Transit Assistance Program (RTAP) is funded as a two percent takedown from the amount authorized and appropriated for Section 5311 and can be used for technical assistance, training. Research and related support activities. From the amounts made available for RTAP, up to 15 percent may be used by the Secretary to carry -our projects of f national scope with the remaining balance to the states. Funds are allocated annually based on an administrative formula that provides a base amount to each state and allocates the balance according to the nonurbanized area population. The maximum Federal share eligible capital and project administration costs is 80 percent, except for three categories of projects that can be funded at 90 percent share: projects designed specifically to increase the accessibility of public transportation to bicycles and vehicle related equipment required to comply with the ADA or the Clean Air Act. The maximum FTA share for operating assistance is 50 percent of the net operating deficit. Other Federal funds may be used for half of the local match requirement. Income from purchase of service contracts with human service agencies may be used for the entire local share for operating assistance. There is no matching requirement for RTAP or for state administration. This program has MOE requirements, see funding agency for further details STATE RESOURCES State Agency Compliance Requirements Catalog of State Assistance (Number & Title) Amount 71 Page 2 of 3 EXHIBIT "D" Matching Resources for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount $ Compliance Requirements NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in this exhibit be provided to the recipient. 72 Page 3 of 3 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: NA AMOUNT OF GRANT: $71,943 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Brian Freeman PHONE #: (772) 226-1990 1. How long is the grant for? One Year Starting Date: January 1, 2015 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 5. Grant match amount required: $ 35,971.50 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $35 971.50 in County funds already budgeted for public transportation and $35 971.50 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries $143,886 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $35,971.50 Signature of Preparer: Date: 73 Grant Amount Other Matching Costs Match Total First Year $71,943 $ $35,971.50 in local funds & $35,971.50 in FDOT grants $143,886 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 73 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: October 10, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manageg» Approval of Extension to Agreement with Florida Environmental Consulting, Inc. to Maintain and Operate the West Regional Wetlands System BACKGROUND: On November 1, 2011, the Board approved award of bid 2012010 and execution of an agreement with Florida Environmental Consulting, Inc. for the maintenance and operation of the created wetland treatment/reuse system at the West Regional Wastewater Treatment Facility. The award was made for an initial three-year period, with two one-year renewal options available. Staff has found the performance of the vendor satisfactory, and would like to extend the agreement with Florida Environmental Consulting, Inc. for the first of the two available renewal periods. SOURCE OF FUNDS: The annual cost of this work is $34,000.00, which is budgeted in account #47125736-033190, (Other Professional Services). RECOMMENDATION: Staff requests that the Board of County Commissioners approve the attached Extension to the Agreement and authorize the Chairman to execute it after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS: Extension to Agreement APPROVED AGENDA ITEM BY: FO / / oseph aird, County Administrator B'\2011-2012 FY (2012000)\2012010 WRWWTF Wetland System\Agenda - 1st Renewal.doc Indian River Co Approved Dat Admin %::,... /J Legal 0e 4 r BudgetJ�Department�3 W Risk Manager psi a-/3-/ 74 FIRST EXTENSION OF CONTRACT AGREEMENT THIS EXTENSION AND AMENDMENT to CONTRACT AGREEMENT ("Amendment") is entered into as of this day of , 2014, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and , ("CONTRACTOR"). BACKGROUND RECITALS A. The COUNTY and CONTRACTOR entered into an Agreement for the Management of a created wetland treatment/reuse system at the West Regional WWTF on November 1, 2011 (the "Agreement"), in response to Indian River County Bid 2012010. B. Per Article 2 of the Agreement, the initial term of the Agreement was three years. C. Per Article 2 of the Agreement, COUNTY has the option to extend the Agreement for two additional one-year periods. D. Both the COUNTY and CONTRACTOR wish to extend the Agreement for the first of the two available one-year periods. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. 2. EXTENSION TERM. The County hereby extends the Initial Term set forth in Article 2 of the Agreement until October 31, 2015. 3. All other provisions of the Agreement shall remain in full force and effect. 75 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Florida Environmental Consulting, Inc. INDIAN RIVER COUNTY By its Board of County Commissioners By By Printed name: Title: Date Peter D. O'Bryan , Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By Deputy Clerk Approved: eph A. Baird unty Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 76 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 13, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrat Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Acceptance of Resignation of Day Labor Contractor BACKGROUND: On September 23, 2014, the Board approved the award of Annual Day Labor Contractor Services to A & Associates of West Palm Beach, as the sole responsive, responsible bidder. Work under the agreement began on Monday, October 6th, and on Friday, October 10th, A & Associates submitted its request to resign from the contract, citing misunderstanding of the work expected to be performed by the laborers. ANALYSIS: Staff finds it in the County's best interest to accept the resignation of A & Associates and rebid the contract. The Road and Bridge Division has a blanket Purchase Order in place with the previous labor contractor, Labor Ready of Fort Pierce, who have agreed to provide required laborers at the previous contract rate of $11.28 per hour until a new contract is awarded. SOURCE OF FUNDS: At the time of contract award, the projected annual expenditures for the Road and Bridge Division were $340,600. Staff anticipates approximately one fourth of that amount may be required during the rebid period. Therefore, staff would like to request authorization to increase the amount of the Road and Bridge Division purchase order with Labor Ready to $100,000. Funding for this specific Purchase Order is available in and will be taken from account 11121441-033490, Road and Bridge — Other Contractual Services. Other using divisions are also able to utilize Labor Ready at their previous contract rate, as required. 77 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board of County Commissioners: • Accept the resignation of A & Associates, effective immediately, and • Authorize the Purchasing Division to increase the current Road and Bridge Division blanket Purchase Order for day labor services to Labor Ready to $100,000 to facilitate work though the period of rebid and contract award. ATTACHMENT: A & Associates Contract Resignation Letter APPROVED AGENDA ITEM BY: FOR: h &t)t)4 seph .Baird, County Administrator Indian River Co Approved Date Admin ���` Legal.iBudget (t)Ab jDepartment . / —1 Risk lG1ttMeix, /0-/3-/d/ 78 759 Southwest Federal Highway Stuart, FL 34994 Phone: (772) 252-6622 Fax: (772) 245-4377 October 10, 2014 A & Associates "Quality In Everything We Do" Corporate Headquarters 8144 Okeechobee Boulevard, West Palm Beach, FL 33411 Phone: (561) 533-5303 — Fax: (561) 533-3858 2484 Sand Lake Road Orlando, FL 32809 Phone: (407) 574-3403 Fax: (407) 574-2218 Indian River County, FL 4550 41St Street Vero Beach, FL 32967 Subject: Contract Resignation Letter We are preparing this letter for a couple of reasons: first, we would like to thank you for your business and second, we would like to resign from the contract. We would like for this letter to serve as written notice of our intent to resign from Bid # 2015005. We spoke with Rob Skok this morning about our concerns with servicing the account and would like to officially notify the County that this documentation shall serve as our thirty (30) day notice to resign. Shortly after speaking with Rob, an employee experienced a significant injury while working next too another employee who was operating a chain saw. We were unaware that employees will be required to operate chain saws. This greatly increases our liability and requires us to re-classify employees with our workers compensation provider. As a result, A & Associates can no longer effectively provide services under bid number 2015005. We will continue to handle all your needs and work with the vendor you select to replace our services. Even though the contract requires only a thirty (30) day written notice, we will commit to servicing your needs until another firm is selected to service the County. We will completely respect your decision, should you wish to move forward with another vendor before thirty (30) days. We will contact you today to finalize the details and answer any questions you may have about the process. Thank you again for your support; it has been a pleasure working with you. With Kindest Regards, I Am, CO Ms. Evelyn Looney, Vice President A & Associates 79 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 10, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Approval of Award for Bid 2015004 — Annual Bid for Aluminum Sign Blanks BACKGROUND: The Traffic Division requested the solicitation of annual bids establish firm fixed pricing for sign making materials. The term of this annual bid begins on your approval and continues through September 30, 2015, with the option for two additional one-year renewals. BID RESULTS: Bid Opening Date: Advertising Date: Demandstar Broadcast to: Specifications/Plans Downloaded by: Replies: September 16, 2014 August 12, 2014 82 Subscribers 20 Vendors 6 Vendors n :'a r + Budde , t p P K x ` i`; T Location = Section f �i ;, 7y �� x e�rt _a"$r r ` E�T� �� r,5.�,"i' .11''Ltr pgxc 7� PY' C.: 5 '� '� c e ° r . t , r ': , ... Universal Signs & Accessories Fort Pierce, FL $48,659.70 $72,624.00 $42,715.00* $163,998.70* Vulcan Signs Foley, AL $56,393.76 $78,104.00 $48,085.25 $182,583.01 Osburn Associates, Inc. St. Petersburg, FL $48,220.25* NO BID $49,147.33 N/A US Standard Sign Franklin Park, IL $52,719.10 NO BID NO BID N/A Custom Products Corporation Jackson, MS $55,938.30 NO BID $50,757.76 N/A Signel Services, Inc. Saint -Mathieu -de - Laprairie, Quebec DQ DQ DQ DQ *Mathematical errors corrected in unit price extension Signe) Services, Inc. disqualified for failure to provide Disclosure of Relationships Form 80 CONSENT AGENDA The bid amounts represent the total cost, if the County was to purchase all items included in the bid. Individual items will be ordered on an as needed basis. The estimated annual expenditure for FY 2014/2015 is $50,000.00. Osburn Associates, Inc. bid a slightly lower overall total for section one, however Universal Signs & Accessories bid a lower per item price on 44 of 63 items (or 70%) of that bid section. ANALYSIS: The previous annual bid was awarded to Universal Signs and Accessories, with annual expenditures of: $61,005.00 $49,911.15 $49,275.61 Line items on the bid were updated for this bid cycle to more accurately reflect items anticipated to be required, resulting in the addition of several items and removal of a number of others. For items common between the two annual bids, the new bid represents an approximate 18% decrease in price. SOURCE OF FUNDS: Funds for the anticipated purchases are available in the Traffic Engineering, Traffic Signs Account. 11124541-035360 Traffic Engineering, Traffic Signs $50,000 RECOMMENDATION: Staff recommends awarding the bid as follows: • Award to Universal Signs & Accessories of Fort Pierce, FL as the lowest responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. • Authorize the Purchasing Division to issue blanket purchase orders for the period of October 21, 2014 through September 30, 2015 to the recommended bidder and • Authorize the Purchasing Manager to renew this bid for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGENDA ITEM BY: FOR: /9. atj-ig oseph A. Baird, County Administrator _46/7/4.e/ti 4907 Indian River Co Ap . roved Date Admin .SW: IILIMI Le: al III!ILSMIFBICI1Vrll Budget De•artrnent 1111111LAIENVIII weevil/p., Risk r, �):�' i0- 81 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 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: October 13, 2014 Subject: Final Payment and Release of Retainage to Duininck Inc. for IRC Bid #2014024, Sandridge Golf Club's Dunes Course BACKGROUND: On March 18, 2014, the Board awarded contract to Duininck Inc. for the Irrigation Project on the Dunes Course at Sandridge Golf Club. The purpose of the work was to replace the original irrigation system on the Dunes Course which has been in existence since the course was originally built and opened for play in 1987. The contractor, Duininck, Inc. has satisfactorily completed the work and submitted their Pay Application #7 for Release of Retainage in the amount of $58,400; and Application #8 for Final Payment in the amount $12,080 to the Clerk's Finance office who in turn have verified that the final payment and retainage are properly due to Duininck, Inc. FUNDING: Funding for release of retainage in the amount of $58,400 is budgeted and available in Acct #418- 206000-14009. Funding for Final payment in the amount of $12,080 is budgeted and available in Acct #418- 169000-14009. RECOMMENDATION: Staff recommends that the Board approve the final payment request and release of retainage by authorizing the release of the $70,480 to Duininck, Inc. ATTACHMENTS: Duininck, Inc.'s Application and Certificate for Payment No. 7 and 8 Approved Agenda Item rA.L.4 BY: FOR: Joseph A. Baird County Administrator Indian River Co. Approved Date Administration �� /o/%l f County Attorney V� S (H Budget �"4t Department /o . 1.3. /y Risk Management ,......4) F:\Assistant County Administrator\AGENDA ITEMS\2014\BCC 10 OCT 2014\BCC Memo - Final Payment Request and Release of Retainage to Duininck Inc..doc 82 Today's Date: 10/10/2014 0 0 APPLICATION AND CERTIFICATE FOR PAYMENT Distribution to: ElOwner Architect 0 Contractor Application No. : Invoice Description : 0 CO 0 0 C 0 F. Z o O Isd a a` c 0 0 a _U w c o c o co m E 0 z o o E 1- o om co > Cr J LL O O Z M 0 I- W LL CC LLIo U Q Z Zco15U, CO Z co Z C co - N C� 0 x 0 m0 .5 aa CD o 0 O E a v Contract Date: Contract For. 18 -Hole HDPE Irrigation 0 0 8 e0 ti 0 4. E fl X d 0 0 0 3 0 X30 to •0 E w 0 d 0 0 4 ca .Le. -0 0 00 0 U0 a cn .. 0 0 U 0 e..) O .0 h L. C U os:C3 E 0 5 0,a 0 a .0 0 `� .0 c U 0 N .y 0 .0 0 O •O o Tacm. E 3 W 5 0 R E h co w 0 a 0 U mi 4O Z 0 0 0 ti L. U U p 0 .0 0 0 UO {. H U Y 0 f, E 3 U 00 ^ c O 0. 0 0 0 0.L' U = .0 s 0 0 .0 : v s F- ti 3 3 r W ao U V 0 LL 3 Z 0 H E Q U's a� a re oO sA aN I jI z 0 c U C c ri 0 0 U H z 0 U r o o 0 0 0 v> 0 CO - CD T 1. Original Contract Sum 2. Net Change By Change Order $1,168,000.00 3. Contract Sum To Date Subscribed and 0 0 0 0 0 CD CD r 4. Total Completed and Stored To Date 0 0 0 0 3 'E U z E 0 0 U v 0 0 0 0 0 0 C o d 0 U oi o u v [... 00 Z c w w O 8 74, 0 oq U IS .U.. .14 •O U ' O ea E 0 c Si in O O O. o -4" 0 0 o 0 c 3 d O O.0 - V .y2 r 0 h 1- = O = O Z O U W •00 m 2 d c ,n •p .O Q ... ,Mr () re o a E..o.oz, IW- Do Y (0 N U E 2 3 u jjo d s E O W i v 0 . " v IS W 0 v �_ :: U W = A 1-O Q.d W o'° mew 0 0 > € a 5$.E ,� 0 0 0 Total Retainage $1,168,000.00 6, Total Earned Less Retainage $1,109,600.00 7. Less Previous Certificates For Payments AMOUNT CERTIFIED: $ 58,400.00 0 0 0 0 0 00 00 00 8. Current Payment Due 9. Balance To Finish. Plus Retainage ARCHITECT: O o 0 c Es c ao o *- U c U to .5 0 0 d U 0 'r d [L >, 0 Z3 0 C. u 3 W `e L c W U n 0 Z8 c X v, c 0 1- c U O E u 0 U co o. c 0 0 e c e0 0 0 e 1 17) 0 • d .0 c U c 3 E O .0 A 0 F c Deductions $0.00 0 0 0 0 y L• _e Z .L. d 0 0 o to 0 0 0 00 0 0 0 00 0 O 0 44 CHANGE ORDER SUMMARY Total changes approved in previous months by Owncr Total Approved this Month TOTALS Net Changes By Change Order 83 so C0 se - 3 '''kiIUP1 briit=I » C. 0 E 2 \ 40 C ccs \ co C 0 0 0 ea V 0 ca ID ��� I 2�2k0 ��k0 g 2 ; 0 % & S. k . 0 y 0 _ ©- - ■ so e § - 0 tEkEk C # § ' MO 0i0 2 c e .5 0 8 _¥_ st . _ 0 a%i\= -ti3t C.0 03 .% (2 3 C 5 2 ONO 0 0 u CO / &Eva 6 le se k- � kV Description of Work oaoo .�...... f 0 0 0 0 0 0 0 0 # 8 • 8 8 8 88 0 0 0 7 £ § 0 0 0 0 0 0 0 6 0 0 0 0 0 o o k 0 � # § S 2 \ 8 \ 8 8. 8 8 ID' 0 8 . 0 i K K K 00 § 00 00 00 ■ 00 8 8 8 § / Grand Totals 9� Today's Date: 10/10/2014 0 N 0 0 V 0 C 1- >Z cc 0 0 LLW 1- 0 Li. W a 0 1— a. a Distribution to: O ODD Application No. : O a Invoice Description: -J LL O z N U wY. LL W U ?=a zkm 0 0 Q� co 111 10/10/2014 w e.0 1- Z 10 o m 2 a a sr - O N Contract Date: 18 -Hole HDPE Irrigation C) O LL A A 02 0 O U 0 p = L 5 ox10 s 130 C ._ 0 CO 0 0 E 0 15 cg oa Y O y 0O U U 0 U v 0 0 .0 to o 5 E aUi aa. E 0 a o o 2 `o Q.= C = O 0 0 j O �a510 E d N w W .0 V T EI - L. d V H t� 00 c o .c c V 0 (.7. N 0 Ca 0 0 o UE U 3ccy T 00o C O D 2 CJ L O O a i O .D V U o I-- 5 .� s 1— W 2 Q a re le 03 Z c 0� C O U a a� a° Ce 0 FP. r O A U `" u' aR Ce . h 1— g .� Z 0-C 0<0 CONTRACTOR: Duininck Inc. - MN f1 r U F O m 3t s 3` 0 to before me this 0 0 O O O co 1. Original Contract Sum 2. Net Change By Change Order U v 0 U • A 4 E i 'FC i]. C A E co O C L t C m 0 0 '- 0 O 0 o r r >, W . 0 >, Q' O c_. c C:12 co ri) z 2 Q c i ._- 3 U $1,180,080.00 3. Contract Sum To Date $1,180,080.00 4. Total Completed and Stored To Date 0 0 O O x_ 3'10 v U E L O U in 1. 4. 0 0 n 0 c O O 0 CJ Vi O 0 O 43 CO Total Retainage O co 6. Total Earned Less Retainage $1,168,000.00 7. Lcss Previous Certificates For Payments AMOUNT CERTIFIED: $ 12,080.00 O O O 03 N 43 8. Current Payment Duc 9. Balance To Finish, Plus Retainage F Q ARCHITECT: U 4 co 0 '- U > O a C 0 O O 0 o co 5 > O t Qe � - c V CU cO Q 0 12 Q C 1-- c U N c 0 d v ami 10. O i Q Q U O O U c � El. N 0 .0 Q 0 .0 U -0 0 0 L a Es c Deductions O oO to $0.001 to O co O O O O O O d 0 o a e ce co co 0 o N N N fl wi 69 44 a CHANGE ORDER SUMMARY Total changes approved in previous months by Owner Total Approved this Month 15F- Net Changes By Change Order 1 85 . 3 k T1ON SHEET z 0 U 1- 411 INFO 0 » E a k 2 co .\© . c E \ *a • $ 2 I E "" E (x$20 • . e 0 S. a 2 2 • g 0 s $ k • '\\ - X20 _ §ƒ23k \ § to t \ 3. 2 d / ) ag 2§33 Q kk a� \ ..... g y0 .0 ..�. r C5' # m m # # ? A (# £ # ..--- k $ # # # 72aEiKK. ° a & s / a) ƒ a - ■ ....... J 2 § $ § t 2=i 2 p. 0 t k� )3� Description of Work 8 8. ■ 8 § i % k k k 7 k m « # & K i K K o • § § 17 k ] § S § S E// } Irrigation Materials :Mainline Installation Lateral Lino Installation Additional Sprinklers Md Zee Pipe Connection 0 $ 8 0 k Do 8 2 Grand Totals 8 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: 'I'HROUGH: Honorable Board of County Commissioners Joseph A. Baird, County Administrator THROUGH: John King, Director Department of Emerrvices ivFROM: DATE: SUBJECT: Brian Burkeen, Assistant Chief Department of Emergency Services October 14, 2014 Approval of Renewal for a Class "El" Certificate of Public Convenience and Necessity for ACTS, Indian River Estates, to Provide Wheelchair Services. On August 21, 2012 the Indian River County Board of County Commissioners approved a renewal of Class "El" Certificate of Public Convenience and Necessity for ACTS, Indian River Estates, to provide Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and expired October 6, 2014. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "El" certificate has been submitted by ACTS, Indian River Estates. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. U:\Brianb\COPCN\lndian River estates\Agend Indian River Estates 2014.doc 87 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal ofthe Class "E 1" Certificate of Public Convenience and Necessity for ACTS, Indian River Estates, to be effective for a period of two (2) years from October 6, 2014 through October 6, 2016. ATTACHMENTS: 1. Renewal Application from ACTS, Indian River Estates. APPROVED FOR AGENDA FOR: October 21, 2014 Indian River Co. .,,. ved T' Date /40/- Legal 1 ICHS • (`f Budget 1 tb(t 514 Dept. fr 10 .11.1.( Risk Mgr. I) General Svcs. U:\Brianb\COPCN\Indian River estates\Agend Indian River Estates 2014.doc 88 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: ATS r) o Di /l. t ✓C &was DATE: 1D/� / i l APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ his is a new application; fee is attached. Nr, This is a renewal of our present COPCN. D This is a renewal of our present COCPN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 _BLS _ALS Govemmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 _BLS ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C 0 _BLS _ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E ❑ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in,paryor in whole either directly or indirectly with government funds. Class El 0 ✓ Wheelchair Wheelchair/Stretcher Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 89 II. COMPANY DETAILS �j I�s4//o/a) �f/0 _ - i77/1,0 1. NAME OF AMBUUNCE SERVICE: S O / c 7i7 C.- MAILING ADDRESS: -----? 7 ®, 47d (D,M J ,!fr CITY /5/Vie-Ig COUNTY .17/0 J/�i�ic/ /C/ `�11e7(_, ZIP CODE: 3�f 6, BUSINESS PHONE: 772_ - 770--/ao 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): C'C•eC._.- 3. MANAGER'S NAME: ��il!.0 /.15;74 4) ADDRESS: ° 7730 ii ---1)7)41 44,06: PHONE #: v4x 'k -,//,z '170 -- /qw0 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME JT -74,17 644dr- ADDRRE SPOSITION 373ffo- is /20, If)c-cr ig/dr: Milr, Pacf,VeRYT/ C& -r) 7 COO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# 4//i4 U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 90 6. FUNDING SOURCE: /04 7. RATE SCHEDULE ATTACHED? YES ❑ NO ❑ N/A RV 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: ECL cP410,✓��iOS 1. RADIO FREQUENCY (ies) 2. /10 DIO CALL NUMBER(s) //i/AL 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION p//) oeV� U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 91 BUSINESS AUTO DECLARATIONS Issued by Liberty Mutual Fire Insurance Co. Policy Number AS2-631-0041 12-074 Renewal of AS1-631-0041 12-073 Account Number 3-004112 ITEM ONE - Named Insured and Mailing Address ACTS Retirement -Life Communities, Inc. 375 Morris Road P.O. Box 90 West Point, PA 19486 • Liberty - Mutual INSURANCE Issuing Office 0390 Issue Date 02/06/2014 Sub Account 0001 Farm of Business of the Business: Corporation named insured is: **See Below Policy Period: The policy period is from 01/01/2014 to 01/01/2015 12:01 A.M. standard time at the Insured's mailing address. In return for the payment of the premium, and subject to all the terms of this policy, we agree wrth you to provide the insurance as stated in this policy. ITEM TWO - Schedule of Coverages and Covered Autos - Refer to Pages 2 and 3 **Health Services; Skilled Nursing Care Facility Pennsylvania Law requires we inform you that this policy does not provide Pennsylvania Uninsured or Underinsured Motorists Coverage. SCHEDULE The declarations are completed on the following pages and on the accompanying "Declarations Extension Schedule(s)". Schedule Premium $227,714 Endorsement Premium Total Estimated Premium $227,714 Other Charge(s) $777.00 Policywriting Minimum Premium $500 Premium will be billed Forms Applicable: See Attached Inventory Proucer 3082 WI LLIS OF PENNSYLVANIA INC 100 MATSONFORD RD BLDG 5 STE 200 PO BOX 9052 RADNOR, PA 19087 Producer WASSON P BALA CYNWYD, PA AC 00 03 02 13 8748 Countersigned By: Autho,,bve sen a © 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 3 92 • Policy Number AS2-631-0041 12-074 ITEM TWO — Schedule of Coverages and Covered Autos This policy provides only those coverages where a charge is shown in the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTOS Section of the Business Auto Coverage Form next to the name of the coverage, Coverage Covered Autos Limit Premium Liability (LIAB)* 01 $2,000,000 $205,940 Compulsory Bodily Injury (MA only) $ 20,000 Each Person $ 40,000 Each Accident Optional Bodily Injury (MA only) Each Person Each Accident Property Damage (Compulsory Limit $5,000) (MA only) Each Accident Personal Injury Protection (PIP) (or equivalent No -Fault Coverage) 05 Separately stated in each PIP Endorsement $108 Added Personal Injury Protection (PIP) (or equivalent added No -Fault Coverage) Separately stated in each Added PIP Endorsement Extraordinary Medical Benefits Coverage (EMB) (PA only) Separately stated in the EMB Endorsement Optional Basic Economic Loss Coverage (OBEL) (NY only) Separately stated in the OBEL Schedule Property Protection Insurance (PPI) (MI only) Separately stated in the PPI Endorsement Medical Expense and Income Loss Benefits (ME/ILB) (VA only) Separately stated in the Medical Expense and Income Loss Benefits Endorsement Auto Medical Payments SMED) Uninsured Motorists (UM) 06 See UM/UIM Schedule INCL Underinsured Motorists (UIM) (When not included in Uninsured Motorists Coverage) 06 ** See UM/UIM Schedule Supplementary UninsuredlUnderinsured Motorists (SUM) (NY only) See state Schedule of Limits for SUM insurance Uninsured Motorists (Compulsory Limits $20,000l$40,000) (MA only) See UMIUIM Schedule " New York only - Includes Supplemental Spousal Liability (SSL) if CA 04 20 is attached to this policy. "*Premium is INCL AC 00 03 02 13 ® 2012 Liberty Mutual Insurance. At rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 2 of 3 93 Policy Number AS2-631-0041 12-074 ITEM TWO — Schedule of Coverages and Covered Autos (continued) Coverage Covered Autos Limit Premium Physical Damage Comprehensive Coverage (COMP) 02,08 Actual Cash Value or Cost of Repair, whichever is less, minus See ACS 00 25 deductible for each covered "auto", but no deductible applies to "loss" caused by fire or lightning. * See ITEM FOUR for Hired or Borrowed "Autos" $5,382 Physical Damage Specified Causes Of Loss Coverage (SCL) Actual Cash Value or Cost of Repair, whichever is less, minus deductible for each covered "auto" for 'loss" caused by mischief or vandalism. See ITEM FOUR for Hired or Borrowed "Autos" Physical Damage Collision Coverage (COLL) 02,08 Actual Cash Value or Cost of Repair, whichever is Tess, minus See ACS 00 25 deductible for each covered "auto". See ITEM FOUR for Hired or Borrowed "Autos" $16,284 Physical Damage Limited Collision Coverage (MA only) Actual Cash Value or Cost of Repair, whichever is less, minus deductible for each covered "auto" as stated in ITEM THREE Physical Damage Towing and Labor 03 ** See ITEM THREE Schedule of Covered "Autos" You Own for the limit for each disablement of a private passenger auto INCL The wording "but no deductible applies to "loss" caused by fire or lightning" does not apply in New York. The following information, required by state regulation, is hereby affixed to the Declarations page of your policy. SEE ENCLOSED EXPLANATION OF COLLISION COVERAGE FOR RENTAL VEHICLES **Refer to AC 84 25 08 11 AC 00 03 02 13 ea 2012 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with Its permission. Page 3 of 3 94 N w 0 w ).Ci) ~ZZ U • Z O w CC wW > w z0 QF 0z z p- c a w 0 VEHICLE ROSTER NAME OF AGENCY/ORGANIZATION: H D SUBMITTED BY: SERVICE ASSIGNED NUMBER 1 IV 1111 1 PASSENGER CAPACITY -d VEHICLE IDENTIFICATION NUMBER (VIN) q 1 V -4 .• l�7 MILEAGE MANUFACTURE CC W MODEL w ) _tip 95 w U_ cc Zo Z v°CD CC ww >w r z0 Q f„ 0 2 ZLu_ 3- cc d a W 0 PERSONNEL ROSTER PLEASE LIST ALL PERSONNEL w 1- 0 a: x w H m 0 SOCIAL SECURITY # LAST NAME 96 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS C7en'rje R. r` tel.V\ , the representative of Applicant Name d �, I/e, do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 1, , the representative of Applicant Name , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that 1 agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this a . :tion are ue and correct. te _44/ oc.,_ APPLICANT SIGNATURE DATE Before me persona y app a e• said who says that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this 64' day of ober ,201/. My commission expires: Si NOTARY PUBLIC U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 5 97 CONSENT AGENDA v'` INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: October 14, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management an Jennifer Hyde, Purchasing Manage Declaration of Excess Equipment as Surplus for Sale or Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes. Staff has scheduled a surplus auction for Saturday, November 8, 2014 at the Indian River County Fairgrounds with our contract auctioneer, Associate Auctions, LLC. The funds received from the sale of these items will be returned to the appropriate accounts. RECOMMENDATION: Staff recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or disposal. There is no cost to the County associated with this request. ATTACHMENT: Excess Equipment List APPROVED AGENDA ITEM c5(14 Josh a A. Baird,CountyAdministrator p BY: Indian River Co Ap y, . Date Admin „i /o// i) Legal '' b �� Budget 'toll gr 4I lio Risk Manager -- 98 Parks 21895 167 �._j .., _.... t' f1 2004 Ford F-250 Crew Cab 1FTNW20P94EC59754 no Parks 19543 210 2001 Dodge 2500 Truck 3B7KC26Z01M55332 yes Parks 19895 215 2001 F-250 Ford Truck 3FTNFZOL91N1A61324 yes Parks 185060 249 1999 Dodge 1500 4x4 Truck 1B7HF16Y7X6214423 yes Facilities Management 193110 314 Chevy Cargo Van CHEVR1GCHG39R2Y1273982 yes Parks 19539 Scag 48" walk behind Mower 620048 yes Emergency Services 20033 Dell GX240 CPFP711 Yes Parks 20930 Dell Optiplex GX260 W/ Monitor & Keyboard X08-73013 unknown Parks 21091 Kyocera Miata Ai 3010 Printer/Copier yes Computer Services 21123 Dell GX260 Computer 3G3N821 Yes Emergency Services 21231 Dell GX260 Computer 3M6YP21 Yes Community Development 21474 HP 2400 N. Printer No Emergency Services 21481 Dell GX270 23XV741 Yes Emergency Services 21489 Dell GX270 74XV741 unknown County Attorney 22200 Dell GX280 3B53961 Yes Traffic 22368 DELL GX280 FJSD071 No Engineering 22376 Dell GX280 JSFR771 Yes Facilities Management 22389 Dell GX280 DJLBJ71 yes Animal Control 22617 Dell GX520 1FDOS81 No Emergency Services 22640 Dell GX520 BH8T191 Yes Computer Services 22642 Dell GX620 DHLS191 Yes Parks 23004 John Deere 757 Zero Turn Mower TC0757B046279 no Emergency Services 23015 DELL GX520 521Q091 Yes Parks 23029 Dell Optiplex GX520 w/ Keyboard & Monitor X11-45371 unknown Parks 23030 Dell Optiplex GX520 w/ Keyboard & Monitor OT7570 unknown Emergency Services 23032 Dell GX520 75MN191 Yes Main Library 23039 Dell Optiplex 745 7HX2L91 Yes Excess Equipment List - 101414 1/4 99 c4: `y • Main Library r 23040 r ` ` i_e0�11 % - ♦ yJ--. y1 byy }y� ` - 1 V ��fit .tI Ii4t Dell Optiplex GX-620 2HX2L91 Yes Traffic 23053 Dell GX520 DPQVS91 No Engineering 23058 Dell GX620 4D73H81 Yes Engineering Dell GX620 BBPPW91 Yes Computer Services 23407 Precision 670 CK99Q91 No Parks 23629 John Deere 757 Zero Turn Mower TC0757B053850 no Main Library 23981 Dell Optiplex 745 BYKXQC1 Yes Code Enforcement 23990 Dell Optiplex 745 DA6RWCI No Mailroom 24022 Dell Optiplex 745 5YP2ZC1 Yes Main Library 24168 Dell Optiplex 745 H2KF4D1 Yes Main Library 24169 Dell Optiplex 745 0019B94B8EDD Yes Main Library 24171 Dell Optiplex 745 B2KF4D1 Yes Main Library 24172 Dell Optiplex 745 0019B94BEE8F Yes Main Library 24173 Dell Optiplex 745 72KF4D1 Yes Parks 24187 Dell Optiplex 745 w/ Monitor & Keyboard X12-51822 Yes Main Library 24202 Dell Optiplex 745 G1KF4D1 Yes Main Library 24312 Dell Optiplex 745 CXP9QD1 Yes Main Library 24313 Dell Optiplex 745 6XP9QD1 Yes Telecommunications 24540 Main Library Telephone System No Main Library 24710 Dell Optiplex 745 45QZSC1 Yes Telecommunications 24724 Courthouse Telephone System No Emergency Services Dell GX270 (Med08) G3XV741 Yes Emergency Services Dell GX260 Computer 36PRW21 Yes Emergency Services Fellows Powershred 220 220991111A00100005535 No Engineering Dell GX270 7BC7341 Yes Parks Various Parts: Weed Eater, Blower, Chain Saw, Edger no Parks HP ScanJet G3010 Scanner L1985A unknown Parks HP DeskJet 950c MX1231F16P unknown Parks Computer Misc, mouse, wires, etc unknown Excess Equipment List - 101414 2/4 100 Parks Parks Parks HP DeskJet 5550 Printer HP DeskJet 9300 Printer HP LaserJet 1100 Printer MY26UINOCW CN3CB85IN2 8120-8668 Yes Parks Dell Optiplex 620 w/ Monitor & Keyboard unknown Parks Misc Recessed Lighting Fixtures yes Emergency Services Tascam 102 MKII Tape Deck 400126 Yes Dodgertown 25393 Reelmaster 6500 D riding mower unknown Dodgertown F-350 Custom Dump truck -white unknown Dodgertown Robinair Refrigerant Recovery Unit 00525 unknown Parks Engine Kohler 25HP No Parks 21407 John Deere LT 180 Lawn Tractor M0L18051037399 Yes parks 23378 John Deere LX 280 Lawn Tractor M0L280F123754 Yes Telecommunications 25031 Library phone system No Telecommunications 25864 Library phone system No Dodgertown 11 blue fabric chairs Yes Dodgertown 26 Blue Swivel Desk Chairs Yes Dodgertown 24 Televisions Yes Dodgertown 30 Lamps Yes Dodgertown 1 Blue Metal Chair Yes Dodgertown 45 Ceiling Fans: blades, motors, lights Yes Dodgertown 1 Mauve Wood Chair Yes Dodgertown 11 Fabric Green Chairs Yes Dodgertown 1 Black Office Chair Yes Courthouse GE Refrigerator Yes Mailroom 24022 Dell Optiplex 745 5yp2zcl Yes Emergency Services 16315 HP LaserJet 5 USHB081517 Yes Health Department Wood Desk with 2 Drawers unknown Health Department Wood Desk with small side table Yes Health Department (8) exam table with drawer Yes Health Department 18951 Blue Pediatric Table with scale Yes Excess Equipment List - 101414 3/4 101 ( l i 7r Health Department 513a f l t1 23295 i dk.i� �r '~ i��iii '' _ ]S ,1 e� Pediatric exam table with digital scale Yes Health Department 24054 Dell Optiplex GX620 1X3QGC1 Yes Health Department 24889 Dell Optiplex 755 9SZ7QF1 Yes Health Department Dell Optiplex 755 FJQFCG1 Yes Health Department Dell Optiplex 755 5HQFCG1 Yes Health Department Dell Optiplex 755 9JQFCG1 Yes Health Department Dell Optiplex 755 1JQFCG1 Yes Health Department Dell Optiplex 755 71QFCG1 Yes Health Department Dell Optiplex 755 41QFCG1 Yes Health Department Dell Optiplex 755 BGQFCG1 Yes Health Department Dell Optiplex 755 FGQFCG1 Yes Health Department Dell Optiplex 755 8GQFCG1 Yes Health Department Dell Optiplex 755 BHQFCG1 Yes Health Department Dell Optiplex 755 JFQFCG1 Yes Health Department APC Battery Back-up BE350U AB0527147534 No Health Department APC Battery Back-up BE350U AB0526126210 No Health Department APC Battery Back-up BE350U AB0527246882 No Health Department APC Battery Back-up BE350U AB0527246419 No Health Department HP DeskJet 920C MY1C76717G Yes Health Department Zebra LP2844 Label Printer 42A041100867 yes Health Department Eltron TLP2742 Label Printer 47187435 yes Health Department Eltron TLP2742 Label Printer 47187434 Yes Health Department Eltron TLP2742 Label Printer 47308372 yes Health Department Eltron TLP2742 Label Printer 47308331 yes Excess Equipment List - 101414 4/4 102 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 13, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager A Subject: Work Order No.8 with Masteller & Moler, Inc., for a New Package Wastewater Treatment Plant -Design & Permitting at Blue Cypress Lake DESCRIPTIONS AND CONDITIONS: On April 8, 2014, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 5 with Masteller and Moler, Inc. (M&M) to provide professional services for structural design and construction phase assistance to retrofit the •existing steel package plant for a lump sum amount of $17,212.50. Indian River County Department of Utility Services (IRCDUS) operates the Blue Cypress Wastewater Treatment plant located north of SR 60 along Blue Cypress Lake Road. The plant opened for operations in March, 1993 and prior to this the steel package plant was in operation at River Run for approximately 6 -years. Once M&M started their evaluation of the existing packaged wastewater treatment tanks which are fabricated from steel, the engineers from M&M and staff realized that money spent on retrofitting the significantly deteriorated tanks was not cost beneficial on the potential useful life realized. Due to the severe corrosion in the steel, the longevity of the plant and the extensive repairs needed, the engineers evaluated the cost of a new package plant versus retrofitting the existing steel plant. The cost differences were the same or more for retrofitting the existing tanks. Furthermore, the unknowns of the existing plant may cost more in change orders during construction versus a new plant. ANALYSIS: In June, 2014, M&M stopped work that was authorized under Work Order No.5. The remaining balance on the account as part of Work Order No.5 is $8,554.00. In the spirit of moving the project forward M&M prepared a design report and a permit modification for a new package plant with FDEP. FDEP has issued the revised permit. Per the CCNA procument guidelines staff requested M&M to submit a proposal for the revised scope. Masteller & Moler, Inc., has submitted Work Order No.8 which includes providing professional services for surveying, engineering, specifications/bid documents, and construction observation for a new package wastewater treatment plant at Blue Cypress Lake. The total negotiated cost for the professional services is a sum amount of $ 40,320.00. The negotiated cost has been broken into different tasks. 103 The Engineers estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 8 is $250,000.00. FUNDING: Funds for this project are derived from the capital budget in the operating fund. Operating funds are generated from water and sewer revenues. ACCOUNT NO.: Description Account Number Amount Blue Cypress Lake New Package Plant 471. -169000-14503 $40,320.00 RECOMMENDATION: The staff of the Utilities Department recommends that the Board of County Commissioners approve Work Order No. 8 with Masteller & Moler, Inc., in the amount of $40,320.00 for Professional Services which includes evaluation and proposal for solutions for the tanks at the Blue Cypress Lake Wastewater Treatment plant. ATTACHMENT(s): Work Order #8 APPROVED FOR AGENDA: By: JosepA. Baird, County "Administrator For: 4/dm j 6/9 d0/1 Date Indian River Co. Approved Date Administration ,e ppo,J Legal 1 ,,� )Q- -� Budget ly Utilities i , 0 Io 1 1,f Utilities Finance CM- W -I - F:\Utilities\UTILITY - Engineering\WWTF - Blue Cypress\New Package Plant - UCP 4107\Admin\Agenda - Masteller Moler Work Order 8 Blue Cypress New Package Plant.doc 104 WORK ORDER NUMBER 8 BLUE CYPRESS NEW REPLACEMENT PACKAGE WWTF This Work Order Number 8 is entered into as of this day of , 201_, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011, (the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MASTELLER & MOLER, INC. ("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 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: BOARD OF COUNTY COMMISSIONERS MASTELLER & MOLER, INC. OF INDIAN RIVER COUNTY Title: President By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk • /v1•• • seph . Baird, County A ministrator proved: Ar as to/7 Dylan Reingold, County Attorney fficiency: ...,,c. 105 "EXHIBIT 1" WORK ORDER NO. 8 (Scope of Work) • Proiect Description Our File #1341 September 9, 2014 Work Order No. 8 provides for professional services for the FDEP permit revision, engineering, design, preparation of construction plans, specifications/bid documents, construction observation, and soils engineering for the Blue Cypress Lake new replacement package concrete Wastewater Treatment Plant and modification of the effluent disposal system. The services will include a plan and criteria for abandonment and demolition of the existing plant. The existing Blue Cypress Wastewater Treatment Plant is a steel package plant which provides tertiary treatment and serves a small fishing resort located along the shore of Blue Cypress Lake. The resort is fully developed and consists of small houses or trailers some of which are occupied full-time and others are used on occasions for recreational activities on Blue Cypress Lake primarily bass fishing. Domestic wastewater is generated by approximately (84) dwelling units and a small commercial fishing tackle shop. The existing steel package wastewater treatment plant has deteriorated badly with the steel tanks rusted and corroded beyond repair. It is estimated that the existing plant was purchased new sometime around 1975 and has been moved several times to different locations at various development projects. The plant was installed at its present location around 1992 to serve the Blue Cypress Lake Resort. Recently, Mastelier & Moler, Inc. was authorized by the Indian River County Utilities Department to prepare plans to remove and repair the severely corroded steel sections of the plant in an attempt to salvage the existing plant tankage. During this assignment and based on continued fact gathering, it became evident that it would be impossible to provide reasonable assurance that the repairs would provide satisfactory results. A contractor was requested to evaluate the plant and provide a cost estimate to perform the construction work anticipated by the project design. The construction estimate was in excess of $325,000.00. Based on the cost and inability to repair the plant, the Indian River County Utilities Department has decided to abandon the existing steel package plant and replace the plant with a new 17,000 GPD package concrete tertiary wastewater treatment plant. It is anticipated that the new package plant will utilize the existing modified effluent disposal facilities, provide reliable future service and cost less to construct than to attempt to salvage the existing plant. The work to be performed as part of this Work Order will generally include preparation of an FDEP permit revision application package; preparation of contract plans; preparation of specifications and bid documents for a new replacement package concrete wastewater treatment plant; modification of the effluent disposal system; assistance during bidding and contract administration/periodic construction observation for the project. Our services will also include a plan and criteria for abandonment and demolition of the existing plant. The estimated project cost for the New Replacement Package Concrete Wastewater Treatment Plant and abandon / demolish the existing plant covered in the Scope of Services for Work Order No. 8 is $ 300,000.00. A brief description of the scope of services and deliverables for Work Order No. 8 is provided below: 106 Work Order #8 Exhibit #1 (Scope of Work) Page 2 • Scope of Services Masteller & Moler, Inc. will prepare and submit the FDEP permit revision application package and complete project design, construction plans, specifications and bid documents, and provide services during bidding and construction. Our services will include obtaining soils engineering services as necessary to produce a bid ready project and prepare an abandonment plan and criteria for demolition and removal of the existing steel package wastewater treatment plant. Task A — Permitting Services Masteller & Moler, Inc. will prepare the FDEP permit revision application package to provide for the construction of a new 17,000 GPD replacement package tertiary treatment plant. We will prepare an Abbreviated Preliminary Engineering Report as part of the permit revision application package and submit the application to FDEP along with the Indian River County application fee check in the amount of $600.00. Task B — Engineering Services Masteller & Moler, Inc. will provide engineering design services of a new replacement 17,000 GPD package concrete wastewater treatment plant on the existing site without disturbing the existing plant. Our services will include preparation of construction plans and specifications with bid documents showing and describing the new plant which will include surge tank, duplex aeration tanks, dual final clarifier tanks, aerated digester tank, dual cell tertiary filters, and duplex chlorine tanks. The new plant process will be extended aeration with Class 3 reliability and be designed to meet existing FDEP effluent requirements. The plans and specifications will include related treatment plant equipment and piping such as pumps, blowers, bar screen with splitter box, and a hypochiorination system. The existing effluent disposal facilities will be utilized. The plans will include modifications to the effluent disposal system as required by the FDEP. _ Task C — Proiect Bidding Services Masteller & Moler, Inc. will work with Indian River County to allow for bidding of the proposed construction work to be described in the Contract Plans and Technical Specifications. We shall attend a Pre-bid Meeting to describe the project to bidding contractors. We shall review the bids to be received by the County Purchasing Department and make a recommendation for award of the contract to the lowest qualified bidder. Task D — Periodic Construction Observation and Administrative Services Masteller & Moler, Inc. will provide periodic observation of construction of the improvements described above on an as -needed basis to observe that construction is in reasonable compliance with the Contract Plans. We will also attend meetings, review shop drawings and monthly pay estimates from the Contractor. Following successful completion of the Contract work as evidenced by as-builts and testing by the selected Contractor, we shall prepare Engineer's Certificates confirming that the project improvements have been constructed in substantial conformance with design plans and specifications. As part of our services related to the new plant start-up, we shall include in the specifications a narrative describing the transition of the flow and "seeding" the new plant as part of taking the existing plant off-line. 107 Work Order #8 Exhibit #1 (Scope of Work) Page 3 Task E — Soils Engineering Services Masteller & Moler, Inc. will provide for soil borings and a report of findings and recommendations to support the design and construction of the new replacement wastewater treatment plant. Task F — Abandonment Plan Masteller & Moler, Inc. will prepare and include in the project bid package specification an Abandonment Plan (AP). The AP will present the procedures for closing the existing wastewater treatment plant that will be removed from the site once operation is discontinued. This plan will also include sequential steps of action for wastewater and solids removal, cleaning and disinfection of tanks, demolition and removal of the existing steel package wastewater treatment plant, and the time frames associated with the cleaning and demolition procedures. 108 "EXHIBIT 1" WORK ORDER NO. 8 (Fee Schedule) Method and Amount of Compensation Masteller & Moler, Inc. proposes to provide the above Scope of Services based on the following lump sum fees: Basic Engineering Services: Fee Amount Task B — Engineering Design, Preparation of Construction Plans, Specifications, & Bid Documents Task D — Periodic Construction Observation & Administrative Services $ 16,840.00 $ 8,800.00 Subtotal $ 25,640.00 Supplemental & Subconsultant Services: Fee Amount Task A — Permitting Services $ 6,000.00 Task C — Project Bidding Services $ 1,500.00 Task E — Soils Subconsultant Services $ 2,200.00 Task F — Abandonment Plan Preparation $ 3,980.00 Task G — Reimbursement for payment of direct costs, $ 1,000.00 est. including reproduction, copies, prints, mail, Fed -Ex, etc. (See below for actual costs) Subtotal $ 14,680.00 Total $ 40,320.00 Note: est. = estimated amount. Actual cost will vary depending on quantity provided. Printing and Reproduction, Mail and Delivery The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specification, and other pertinent items required by federal, state, and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on EXHIBIT "2" - CONSULTANT'S BILLING RATE of the "Master Agreement" as follows: Letter 8%" x 11" $ 0.25 Legal 81/2" x 14" $ 0.35 Oversized 11" x 17" $ 0.50 Black Line Plans 24" x 36" $ 1.00 Mylar 24" x 36" $ 4.00 The County shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees are to be paid directly to jurisdictional agencies. 109 "EXHIBIT 1" WORK ORDER NO. 8 (Time Schedule) Time of Performance The estimated time frame for completion of services from the date of Notice To Proceed (NTP) is as follows: Milestone Estimated Time After NTP Task A — Permitting Services Completed Tasks B, E & F — Design, Plans, Specs, Bid Docs (12) Weeks Task C — Bidding (6) Weeks Task D — Construction Observation / Administration (26) Weeks 110 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director THROUGH: Christopher J. Kafer, Jr., P.E., County Engine FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: Award of Bid No: 2014051 Roseland Lake Clearing and Dredging IRC Project No. 1219 DATE: October 13, 2014 DESCRIPTION AND CONDITIONS Roseland Lake is a 1.04 acre County -maintained lake in Roseland. The lake serves as a stormwater drainage/retention pond for both public roads and private properties and has been in existence for approximately 50 years. Over the decades, the lake has filled in with sediment causing it to become overgrown with cattails, exotics and other invasive vegetation. The proposed improvements to Roseland Lake include all work necessaryto remove undesired sediment, muck and vegetation from the pond, reshape and restore the pond to the original condition, and stabilize the pond banks. Invasive plant material around the pond will be removed. All disturbed areas will be stabilized and sodded to prevent further erosion. The bid opening was held on October 8, 2014. Five (5) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Mancil's Tractor Service, Inc. Sunshine Land Design, Inc. Timothy Rose Contracting, Inc. Guettler Brothers Construction, LLC * Gator Dredging Stuart, Florida Stuart, Florida Vero Beach, Florida Ft. Pierce, Florida Clearwater, Florida $183,570.00 $227,771.74 $231,240.83 $244,662.00 $343,329.04 * Denotes a mathematical error that was found and the bid amount corrected. Mancil's Tractor Service, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $183,570.00. Mancil's Tractor Service, Inc. has completed various construction projects for the County and has consistently performed work in a satisfactory manner. F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\BCC Agenda Award of Bid 10.21-14.doc Page 2 Award of Bid No: 2014051 Roseland Lake Clearing and Dredging For October 21, 2014 FUNDING Funding for this item is budgeted and available from Secondary Roads/Other Professional Services, Acct # 10921441-033490. RECOMMENDATION Staff recommends that the project be awarded to Mancil's Tractor Service, Inc. in the amount of $183,570.00 and requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS Sample Agreement DISTRIBUTION Mancil's Tractor Service, Inc. APPROVED AGENDA ITEM FOR October 21, 2014 Indian River County App ,.,c1 Date Administration ri6, /06/1 ii Budget /01Imo/!4 Legal V) ) 1)-ttt l r -- / /L Public Works j 10 �/'/ P ` Engineering A�-�T -/r Purchasing IU- (S-(4. 112 F:1Public Works\ENGINEERING DIVISION PROJECTS11219-Roseland Lake Improvements\Admimlagenda items\BCC Agenda Award of Bid 10-21-14.doc Revised 9-29-14, Addendum No. 2 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE 1 - WORK 2 ARTICLE 2 - THE PROJECT 2 Page ARTICLE 3- ENGINEER ARTICLE 4- CONTRACT TIMES ARTICLE 5- CONTRACT PRICE ARTICLE 6- PAYMENT PROCEDURES ARTICLE 7- INDEMNIFICATION ARTICLE 8- CONTRACTOR'S REPRESEN ARTICLE 9- CONTRACT DOCUMENTS ARTICLE 10 - MISCELLANEOUS f THE REM INDER OF AS LEFT BLANK INTENTIONALLY1 2 2 3 3 5 5 6 7 00520 - 1F: \Public Works \ENGINEERING DIVISION PROJECTS \1219 -Roseland Lake Improvements \Admirrnagenda items100520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 113 Revised 9-29-14, Addendum No. 2 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified owdica;e In the Contract Documents. The Work is generally described as follows: * The project consists of the clearing of tree` �� ,brush, cattails";-. � d, © ger exotic vegetation, excavation and dredging of the existing ' bottom to a de of 3 to 5 feet below the existing lake bottom, re -grading , la e, bank, and the removal and replacement of drainage culverts. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work part is generally described as folio Project Nam County Project Bid N mber: 2014 Proj ress: 126 d La ARTICLE 3 — ENGIN 3.01 40 'an Rive d will act as 0 he right. ct Documents may be the whole or only a $g and Dredging 79th Avenue, Sebastian, Florida ty Public Works Department is hereinafter called the ENGINEER ER's representative, assume all duties and responsibilities', and have assigned to ENGINEER in the Contract Documents in connection e Work in accordance with the Contract Documents. ARTICLE 4 - CONTR . 'ALL;:; TIMES 4.01 Time o `' =e'' ` sence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 100th day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 00520 - 2F:\Public Works\ENGINEERING DIVISION PROJECTS \1219 -Roseland Lake Improvements\Admim\agenda items\00520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 114 Revised 9-29-14, Addendum No. 2 14.07 of the General Conditions on or before the 115th day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial Toss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficultie involved in proving in a legal proceeding the actual loss suffered by OWNER if the irk is not completed on time. Accordingly, instead of requiring any such proof, O ER and , ONTRACTOR agree that as liquidated damages for delay (but not as a e` -`patty), CON CTOR shall pay OWNER $884.00 for each calendar day that expires 'er t e�tme specified in paragraph 4.02 for Substantial Completion until the Work is sub ," F 'a ly-complete, After Substantial Completion, if CONTRACTOR shall neglect, refuse, `0[t.; ail to o= plete the remaining Work within the Contract Time or ar .roper extension -re granted by OWNER, CONTRACTOR shall pay OWNER $88.cObfor each calenda 6 y that expires after the time specified in paragraph 4.02 f© �mplg'nand readiness or final payment until the Work is completed and ready fo ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRAC Contract Documents, an amou determined pursuant to paragraph nt. tion of the Work in accordance with the funds equal to the sum of the amounts arized in paragraph 5.01.B, below: A. For all Work, at the prl aced in C xNT"° TOR's Bid, attached hereto as an exhibit. B. THE CONT CT SUM su• pct to -dclns and deductions provided in the Contract:: ARTI Numeric: ritten Am 6.01 Submittal and `F' cessing of Payments A. CTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent 00520 - 3F:1Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementslAdmimlagenda items\00520 - Agreement (Public 115 Works) REV Addend. No. 2,SAMPLE. doc.docx Revised 9-29-14, Addendum No. 2 (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. 6.04 Coun feder Local be govern A. Each request for a progress payment shall be sub'ed on th 5 application for payment form supplied by OWNER and the applic-; for pay' nt shall contain the CONTRACTOR'S certification. All progress payor is w i'` ` on the basis of progress of the work measured by the schedule of va'`ablished,xin the case of unit price work based on the number of units: a plete• er fifty percent (50%) completion, and pu4''_ ant to Floridaf . tar es section 218.735(8)(d), the CONTRACTOR may s., u it a pay request 'e County as OWNER for up to one half (1/2) of.h: . ain-.:-;held by the ou` ty as OWNER, and the County as OWNER sh r om _: akY �:o, ment o he CONTRACTOR unless such amounts are thea,, L eject of e good `4s d G te; the subject of a claim pursuant to Florida St ' te sectio 5.05(20 b` --0r otherwise the subject of a claim or demand •ythe �,. ty..,a°•WNER or he CONTRACTOR. The ere such retainage is attributable to the one or more subcontractors or suppliers, ent of such retainage to those t to Florida Statutes section urther acknowledges and agrees that: 1) eceive 'mmediate written notice of all decisions old retainage on any subcontractor at greater :percent "' o) a tl ,> fifty percent (50%) completion; and 2) will no se .k release from the County as OWNER of the withheld quest. CONTRACTOR ackno labor, services, or mater{ the Contractor shall ti subcontractor~{rt.; nd su 218.735(8)(c'• y" the County as @ti, made by CONT than CON retains g hs 6.02 ,as OWNER whic grantor law ;:... nd y the ap es t ONT 0 t al er Y<< CT mit Purs until I• a rre6.03 do not apply to construction services work purchased by the paid for, in whole or in part, with federal funds and are subject to lations or requirements that are contrary to any provision of the t tyment Act. In such event, payment and retainage provisions shall able grant requirements and guidelines. 6.05 Accep,n f final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520 - 4F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\00520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 116 Revised 9-29-14, Addendum No. 2 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contra E ocuments and the other related data identified in the Bidding Documents. s.. B. CONTRACTOR has visited the Site and become familiar =wtf and is sasfied as to the general, local, and Site conditions that may affect cost, prop y^ ,h andfformance of the Work. .�....,.��r C. CONTRACTOR is familiar with and is satisfied aIto, all federal, state; '�`.d Dal' Laws and Regulations that may affect cost, progress, and pe rance of the Wow ' s` D. CONTRACTOR has carefully studied subsurface conditions at or contiguo in or relating to existing surface o (except Underground Facilitie ;, whi Conditions as provided in para drawings of a Hazardous Envir identified in the Supplementary Conditions. eo"'i .f ex p p ions rons and tests of d all'�J inns of physical conditions ctures : contiguous to the Site identifies in the Supplementary General Conditions and (2) reports and on, if any, at the Site which have been 'ded in paragraph 4.06 of the General E. CONTRACTOR has o done so) all _ dditional or studies, and `.;,concernin at or contiguo too' .::,, ite whi which relate Ily s ied (or assumes responsibility for having xaminations, investigations, explorations, tests, dition urface, subsurface, and Underground Facilities) ay affect cost, progress, or performance of the Work or e means, methods, techniques, sequences, and 41 employed by CONTRACTOR, including applying the ds, techniques, sequences, and procedures of construction, if any, the Contract Documents to be employed by CONTRACTOR, and programs incident thereto pro -dures of 'means, xpressly require afety pr CTOR oes not consider that any further examinations, investigations, explorations, te , studies, or data are necessary for the performance of the Work at the Contr : a ;: P; n 'thin the Contract Times, and in accordance with the other terms and conditio d e Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520 - 5F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\00520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 117 Revised 9-29-14, Addendum No. 2 I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract, Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive% 4. Sample Certificate of Liability Insurance (page ca> 0-1); 5. Contractor's Application for Payment es�,a22- ; �: 10622 • elusive); 6. General Conditions (pages 00700 to 00700 inclusiv :s- 7. Supplementary Conditions (� :-s 008E �s ` 00800-11, inclusive); 8. Specifications as listed in Divi lfin 'eP„ene •equirements) and Division 2 (Technical Provisions. 9. Drawings consisting % arsh and 2 Bets numbered 1 through 7, inclusive, with each sheet bearing th eral title: Roseland Lake Clearing and Dredging; 10. Addenda <iir�®'eats. to` ; . , inclusive); 11. Ap•endices` b thi _ i ee tr(enumerated as follows): echnical Report izer Ordinances t Report 12. CONTRACT a R'S BID (pages 00310-1 to 00310-6, inclusive); ...., ; t =-:'mss :: ~:•' 13. Bi • = gin• (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 14. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 15. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 00520 - 6F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake ImprovementsAdmim\agenda items\00520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 118 Revised 9-29-14, Addendum No. 2 16. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page 00632-1 & 2 of the Specifications) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. 10.02 A. Terms used in this Agreement will have the meanings indicat Assignment of Contract eral Conditions. No assignment by a party hereto of any rights un binding on another party hereto without bound; and, specifically but without limi that are due may not be assigned effect of this restriction may be li contrary in any written consent the assignor from any duty or r 10.03 Successors and Assigns A. OWNER and CONT legal representatives to representativ-s in respec Contract Doi :!.a'm : s. or interests in sent of the ay be ntract will be sought to be due and moneys nsent �. "o the extent that the nd unle aecifically stated to the o assignment will release or discharge the Contract Documents. 10.04 Severability If, its partners, successors, assigns, and reto, s partners, successors, assigns, and legal , agreements, and obligations contained in the "ision or y Law or Reg ontinue al valid and intention of the 10.05 Venue f the Contract Documents held to be void or unenforceable under ion shall be deemed stricken, and all remaining provisions shall d binding upon OWNER and CONTRACTOR, who agree that the all be reformed to replace such stricken provision or part thereof forceable provision that comes as close as possible to expressing the cken provision. A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance 00520 - 7F:\Public Works\ENGINEERING DIVISION PROJECTS \1219 -Roseland Lake Improvements\Admim\agenda items\00520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 119 Revised 9-29-14, Addendum No. 2 A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except asipthorized by law. (4) Meet all requirements for retaining public records an ansfer, at no cost, to the County all public records in possession of the Con r stor upon amination of the Agreement and destroy any duplicate public reg©r s tare exempt or confidential and exempt from public records disclosure tr ments. records stored electronically must be provided to the County in a rmat that isrhpatible with the information technology systems ore County. B. Failure of the Contractor to comply with th -sn :; re • uire is shall be - material breach of this Agreement. wa weft blank intentionally] 00520 - 8F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items100520 - Agreement (Public Works) REV Addend. No. 2,SAMPLE. doc.docx 120 Revised 9-29-14, Addendum No. 2 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY CONTRACTOR: By: By: Peter D. O'Bryan, Chairman By: Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGA SUFFICIENCY: By: Dylan Reingold, County Attorney `rY '- ='Address for giving notices: otli ctor) PRATE Jeffrey R. Smith, Clerk of Co I ;nd Comptr License No. Attest: t.:�:<.;A =:y��:: �.: -"` (Where applicable) ...<x.. ::T: (SEAL) �� �"��=}��� Agent for service of process: Designated Represent Name: �;' '� e.her J. Ka `Y t' P.E. Designated Representative: Title: c -e my Engineer 5 Name: 31 1801 th Stree� _ }; Title: Vero - ' �o�,,� 0 Address: (772) 2 Facsimile: (772) 778-93 Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - 9F:\Public Works\ENGINEERING DIVISION PROJECTS\1219-Roseland Lake Improvements\Admim\agenda items\00520 -Agreement (Public 121 Works) REV Addend. No. 2,SAMPLE. doc.docx CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: DATE: SUBJECT: Members of the Board of County Commissioners October 15, 2014 INTERFUND BORROW II 6j FISCAL YEAR 2013/2014 FROM: Jason E. Brown ( v" Director, Management & B get At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in a few funds as shown below: Due from Fund Due to Fund Fiscal Year 2012/13 Fiscal Year 2013/14 (Est.) CDBG/ Neighborhood Stabilization Plan (NSP) - 129 General Fund - 001 $7,000 $0 CDBG/ Neighborhood Stabilization Plan 3 (NSP) - 130 General Fund - 001 $71,000 $0 Metropolitan Planning Organization (MPO) - 124 General Fund - 001 $374,000 $280,000 Federal/State Grants Fund - 136 General Fund — 001 $3,000 $4,000 Fleet Management Fund - 501 General Fund - 001 $317,000 $10,000 Sandridge Golf Course - 418 General Fund - 001 $0 $630,000 In most cases, the interfund borrowing is necessitated due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. This was the case for the NSP Funds where grant expenditures had occurred and reimbursement revenues had not been received yet. Likewise, the MPO and Federal and State Grants funds are awaiting grant reimbursement for expenditures that were incurred previously. A similar situation occurs in Fleet Management. This department bills County departments and outside agencies for work completed in the previous months. Due to the lag times, there is a cash deficit in the fund periodically. This cash deficit has been reduced substantially during Fiscal Year 2013/2014 due to operational changes and cost saving measures implemented during the last few years. 122 Board of County Commissioners October 15, 2014 Page 2 of 2 Anticipated interfund borrowing for the golf course is about $630,000, up from $0 last year. This is due to the replacement of the irrigation system on the Dunes course at a cost of $1,180,080. On January 7, 2014, the Board authorized interfund borrowing up to $1 million for this project. As a result of continued profitable operations at the course, interfund borrowing needs will be less than anticipated. Staff will present a repayment schedule to the Board within the next month as the project reaches final completion. Staff is requesting approval from the Board of Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Edward Halsey, Internal Auditor, Finance APPROVED AGENDA ITEM: BY: Josep , A. Baird County Administrator FOR: October 21, 2014 Indian River County Approved Date Administrator l�. Alt l0///0/ /� Legal \0 K Budget 1i) l Department l Risk Management 123 October 9, 2014 Sheriff Deryl Loar Indian River County The Honorable Peter D. O'Bryan, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Dear Chairman O'Bryan: The State Criminal Alien Assistance Program (SCAAP) is a payment program that is administered by the Department of Justice's Bureau of Justice Assistance (BJA). This program provides funding to participating jurisdictions for the partial reimbursement of costs incurred by incarcerating undocumented criminal aliens in their correctional facilities. I am pleased to inform you that through the efforts of my staff and the use of the consulting firm of Justice Benefits, Inc. (JBI) - that does the research, inputs the data in the proper format and submits the records - the Bureau of Justice Assistance has wire transferred $50,885.00 into the board's bank account. The invoice from the consulting firm for $9,159.30 will need to be paid from the proceeds which leaves a net of $41,725.70 from the FY 2014 SCAAP award. Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. Consequently, I am requesting a check in the amount of $50,885.00, with the appropriate budget amendment into Corrections Operating Expenses, to pay the consulting firm and to augment funds needed for inmate care. If you have any questions or require additional information, please contact Kelly Goodwin at 978-6146. Deryl Loar, Sheriff cc: Kelly Goodwin, Comptroller Jason E. Brown, OMB Director Diane Bernardo, Finance Director 4055 41st Avenue, Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 enl Att 24 • • • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; bmmunity Development Director John W. McCoy, AICP; Chief, Current Development October 9, 2014 Indian River Land Trust Inc 's Re uest for Vacation of th Mi M PI [PVSD-13-11-05 / 201012009-712831 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 2014. DESCRIPTION & CONDITIONS The Indian River Land Trust, Inc., through its agent Jerome Quinn, is requesting that the Mira -Mar plat be vacated. The Mira -Mar plat covers approximately 38 acres of property, located in the Town of Indian River Shores, and is at the west end of the paved section of Fred R. Tuerk Drive adjacent to the Indian River Lagoon. Approved in 1926, the Mira -Mar plat established 136 lots, road rights-of- way, and various tracts "on paper". Currently, the Mira -Mar plat property is not developed, and is zoned RESL Residential Environmentally Sensitive Lands. In 2011, Indian River Land Trust, Inc. acquired the Bee Gum Point parcel from a development company for preservation purposes. The overall Bee Gum Point parcel contains approximately 111 acres, and the western -most 38 acres is covered by the Mira -Mar plat. The Land Trust has submitted a plat vacation application to return the subject area to acreage as part of its preservation efforts. The Land Trust owns all property within the boundary of the plat. In an abundance of caution, the Land Trust seeks the County's approval of the Mira -Mar plat vacation since.the plat was approved in 1926 by the County, prior to incorporation of the Town of Indian River Shores. The Board is now to consider the request to approve vacation of the Mira -Mar plat. ANALYSIS On June 14, 1926, the Gemkay Development Corp created the Mira -Mar plat. That subdivision plat created lots, streets, and tracts. However, the property was never improved consistent with the plat, is part of a mosquito impoundment, and is mostly estuarine wetlands. The subject site lies within the incorporated limits of the Town of Indian River Shores. Within the last year, the owner sought, and F:\Community Development\CurDev\Final Plats\Plat Vacations\MiraMar.rtf 1 125 the Town granted, a plat vacation for the subject plat via resolution 13-05 approved by the Town Council. The owner is now seeking plat vacation approval from the County to ensure that the public record is clean and the plat has been completely extinguished by all parties that may have jurisdiction in the matter: Currently, the Mira -Mar platted area has no homes, streets, or parks and is an impounded estuarine wetland. Under current regulations, development of the site consistent with the 1926 plat is virtually impossible. Under the existing plat, the subject site includes non -conforming lots of record at a density of + 3.5 units/acre. By approving the plat vacation, the Board of County Commissioners will effectively approve erasure of the lots and any associated development rights that may exist. Vacating the plat will also have the effect of abandoning all streets, and tracts created by the plat. Consistent with guidelines established by the Board of County Commissioners, this plat vacation was reviewed by all county divisions. All reviewing departments determined that there is no need for any of the rights-of-way within the platted area and have recommended approval of the requested plat vacation with no conditions. Indian River Mosquito Control has requested, and the applicant has confirmed, that the plat vacation request will not affect access rights or operations of the Indian River Mosquito Control on the site and in the area of Bee Gum Point. A provision has been added to the proposed plat vacation resolution to clarify that the County's plat vacation action will have no impact on Mosquito Control's rights. Furthermore, the plat vacation will not affect the right of convenient access to surrounding properties. In staff's opinion, it would be to the county's benefit to vacate the plat to eliminate non -conforming lots and potential building sites in an estuarine wetland that currently has no infrastructure to serve such potential development. In addition, vacating the plat and returning the subject property to acreage will accommodate the Land Trust's purpose of preserving the overall Bee Gum Point property. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners vacate the Mira - Mar plat and authorize the chairman to execute the attached abandonment resolution. ATTACHMENTS 1. Application 2. Location Map and aerial 3. Resolution Vacating Mira -Mar Plat APPROVED AGENDA ITEM: FOR: October 21, 2014 0-4 Indian River Co, Approved Date Admin. Ird 10//k//,/ Legal 11 , 0-g-1/ Budget 1; 10/1`1/11 Dept. - 1• /03//l Risk Mgr. F:\Community Development\CurDev\Final Plats\Plat Vacations\MiraMar.rtf s • 2 126 Date Received: PLAT VACATION APPLICATION S-14/-/ 3 S/D NAME: MIRA-MAR ppa?c, o uoav f - 7/,;28 3 PVsb--13-11-05 OWNER Indian River Land Trust (name) 80 Royal Palm Pointe, Suite 301 (address) Vero Beach, FL 32960 (city, state, zip) 772-794-0701 (phone) S/D FILE NO: Q VSb -I 3 -i I - S/D PLAT BOOK: 1 PAGE NUMBER: 85 AGENT Jerome D Quinn, RM. (name) 3111 Cardinal drive (address) Vero Beach, FL 32963 772-231-6900 (city, state, zip) (phone) Signature of Owner or Agent The Board of County Commissioners has the authority to vacate plats in whole or in part, retuming all or portions of the property into acreage. The vacation is accomplished by resolution of the Board. Before the resolution can be adopted by the County Commission: 1. It must be shown that the persons making application for the vacation own fee simple title to that property covered by the plat vacation. 2. It must be shown that the vacation will not affect the ownership or right of convenient access of persons owning other portions of the subdivision or adjacent properties. 3. Notice of the intention to apply to the County Commission for vacation of the plat must be published in a newspaper of general circulation in the County in not less than two weekly issues of the paper. 4. Proof of publication of the petition (resolution) for vacation must be attached to the petition (resolution). 5. Certificates showing that all state and county taxes have been paid must be provided. The applicant shall supply the County with the following information in order that the County may process the application in accordance with the aforemented guidelines. 1. $800.00 application fee (checks payable to Indian River County). 2. Five (5) copies of the plat or portion thereof to be vacated. 3. An aerial photograph depicting the boundary lines of the plat to be vacated and showing the adjoining two hundred feet (200'). 4. Description of the site conditions. 5. Copy of the owner's deed for all areas to be vacated. 6. Tax certificate's showing that taxes have been paid on all areas to be vacated. 7. Letter of authorization from the owner, if the applicant is other than the owner. C:\Documents and Settingslwebmaster.ADMIN1Desktop\Piatvacapp.DOC Revised 04/04 ATTACHMENT 1 127 Letter of Authorization To: Board of County Commissioners Indian River County, Florida Indian River Land Trust, Inc., a Florida not for profit corporation, hereby gives authorization to Jerome D. Quinn of O'Haire Quinn Candler & Casalino to act as its agent in all matters relating to the vacating of the Plat of Mira -Mar, as recorded in Plat Book 1, Page 85 of the Public Records oflndian River County, Florida, and the submitting of all documents and execution of all documents as required by Indian River County in the vacating of such plats. Dated: t'O j 13 Indian River Land Trust, Inc., a Florida not for . rofit corporation By: ATTACHMENT 1 L. 128 129 130 RESOLUTION 2014 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE VACATION OF MIRA- MAR SUBDIVISION, PLAT BOOK 1, PAGE 85, INDIAN RIVER COUNTY, SAID LAND LYING IN INDIAN RIVER COUNTY, FLORIDA WHEREAS, on August 14, 2013, Indian River County received a duly executed and documented application from the Indian River Land Trust, Inc. requesting that the County vacate the plat of Mira -Mar subdivision recorded in Plat Book 1, Page 85 of Indian River County, Florida, said lands lying and being in Indian River County, Florida; and WHEREAS, in accordance with Florida Statutes 177.101, notice of the intent to apply for plat vacation was duly published by the Indian River Land Trust, Inc. in two weekly issues of a newspaper of general circulation in the county; and WHEREAS, after consideration of the petition, supporting documents, staff investigation and report, and testimony of all those interested and present, the board finds that the Indian River Land Trust, Inc. owns the fee simple title to Mira -Mar subdivision; and WHEREAS, the Board further finds that vacation of the subdivision plat will not affect the ownership or right of convenient access of persons owning other parts of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. The plat of Mira -Mar subdivision recorded in Plat Book 1, Page 85 of Indian River County, Florida, is hereby vacated. (See Exhibit "A", attached.) 2. The Clerk is hereby directed to record this resolution together with the proofs of publication required by Florida Statutes 177.101 in the Official Record Books of Indian River County without undue delay. 3. This resolution for the vacation of the Mira -Mar subdivision plat shall not affect any existing utility rights. 4. This resolution for the vacation of the Mira -Mar subdivision plat shall not affect the access rights or operations of the Indian River Mosquito Control District. 5. This resolution for the vacation of the Mira -Mar subdivision plat shall not affect any other plat or easements of record. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis ATTACHMENT 3 F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\Mira-Mar.rtf 1 RESOLUTION 2014 - Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk I HEREBY CERTIFY that on this day, before me, and officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of , A.D., 2014. APPROVED AS TO LEGAL - NCY BY: Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS BY: Stan Boling, AICP; Notary Public mmunity Development Director ATTACHMENT 3 F:\Community Development\CurDev\RESOLUTION\2014 Resolutions\M ra-Mar.rtf 2 132 EXHIBIT A ATIACHMEWr 133 10-2.I.2l114&c 10/22/2014 Mira -Mar Plat Vacation Board of County Commissioners October 21, 2014 Mira -Mar Plat west -• of black line Entire Land Trust Property Outlined in Red 133.1 10/22/2014 4''*VAtt*'-.74t -3 3 .2 10/22/2014 • County Departments have signed -off • Vacation will not affect access or services adversely • Vacation consistent with prior action by Indian River Shores to vacate the plat, and consistent with preserving Bee Gum Point Staff Recommendation That the Board of County Commissioners vacate the Mira -Mar plat and authorize the chairman to execute the attached abandonment resolution 133.3 �.� SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal TT�� TTTS ��++ 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # INDIAN RIVER CO PLANNING 2649638 9/24/2014 PUBLIC NOTICE MIRA MAR VACATE INDIAN RIVER CO PLANNING 10/1/2014 Sworn to -an d subscribed before me this day of, October 01, 2014, by 14 , who is Sherri Cipriani [X] personally known to me or [ ] who has produced as identification. Mary T. Byrne Notary Public 4 MARY T BYRNE cr Notary Public - State of Florida 0 n rr My Comm. Expires Aug 2. 2018 ,,, Commission N FF 142429 v).1\•t..ot`1 .A.t NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES 08/GINAL 33.E Indian River County Planning Depa... Advertiser: U c o cpQ • C•4 Z Ad Number: Insertion Number: Section-Page-Zone(s): 1 Col x 84 ag N_ BEFORE THE BOARDOF C Q U Ln 0 Wednesday, October 01, 2014 NOTICE OF ADMINISTRATION OF 113000 IS TheAda1, of the first publication thisce isOctober1 notice uC�PersaV al Representative 920 SW Gardens Palm City, FL 34890 Roben Shaffer, Esquire Attorney for Personal 7 Bar No. 9911 Jordan 8.125 P.A. 416 Lonea Avenue sluan,R 34991 Primary email: Thafferejlpalaw.mm Secondary 0poe , B,001 TCN26516]6 IN 1HE CIRCUR COURT FOR MARTIN COUNTY, FLORIDA PROBATE DNISION file No.14603-CP M RE ESTATE OF CLARENCE J. MA0.0,4 S Deceased TO[QN ORS Adm it ivalronl TO ALL PERSONS HAVING CLAIMS OR DEMANDS AGAINST THE MOVE ESTATE: You a Hereby neT eee Incl an ower of ectad nnAy. ewe m OLARENCE 1. Mnc- MANUS, 00<easetl. File Number 14603 - CP, by the Circuit Court for Martin County, Florida, Pro- bate Division, the • dress of which is 1W 3.,) Ocean 34.994, 49Boule- 4, Stuart, fL 31991; that the dece- dent, eathdent'1 dna of 20an Natthe1o1M value al the a uu is baa anon at the names and that me name andawof ben to s3111igne7 d itis suchortler are: Cynthia M, Sullivan, ZTr'rr Tm eJe 3'713,71r01100 aMB00g 0g,n Terrace Hobe Sound FL 32465 LL INTERESTED PERSONS ARE NO- ATlhIFI<D THAT: Dleeit'en e rad 1p6'ehm`e claim ag 06004.°3)i,, than those whom provision for rlull pdm0Aw:aofmate ma' Adminl.tration me r Ne Fnei, Naimr h M1rs Court WITHIN THE TIME PERIODS SET FORTH IN SECTION L3 THE FLORID CODE OA PROBATE ALL CLAIMS NOT SO FILED WILL BE FOR - THE EVfR BARRED. NOTWITHSTANDING TIMETH PERIOD SET FORAFOVE ANY CLAIM FILED TWO 131 YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH Is BARRED. rne sale of the first pu brie f,i Onober ots 2014. Person GivingSNpti<e: Cymnra M Riven 9m sE Big Send Hobe Sound.,FL 33465 Anorn'e,; Person Giving Nodce: KamSopko. Levanstein,PA. 3n05ryMne• Commpns Roatl Surae StuartFL FL 30036 By0 James 001100,FEEL 13ar No. 32/3]1 Email €k.105: j[akeRYvlanomryc PT: October I, 6, 2014 TCN26616]6 IN THE CIRCUR COURT FOR MARTIN COUNTY, FLORIDA PROBATE DIVISION Fie No, 14090584CPA%MX NOTICE OF AOMINISTH01ON IN RE ESTATE OF EDWARD H. TERNOWSKI Deceased. NOTICE TheTO nOR0iL5 of H estateof Edward H.Sternatn wwM1e.ki, dd df`glee f&amb 6 4,4lCirca0 00011 rnr a, PrMan1n C.unty, Fioriaolate Oive 04,.,,Ocean `i` t000s E' Blvw, Ste 100, P.O. Drawer Bath, Stuart, Florida 34985-9016. The namesna aaare,t- represtentaP vlona4l rhe P nal 'O rtolo65 below 011 o, el the pane: i°: claim: Or 0.010,90 .oainN a.e.a.nra whom a copy of Nis noliu is tl O be doaved :412=i lma ON OR BEFORE THE MONTHS R OF 3 THE TIME F OAETER THE FOT UOTTOI 30 GAYS AFTEREHE DATE OF SERVICE OFA COPY OF THIS NOTICE ON THEM. UI tuber rent 1 tb decedent and liner ranee nano gi !aims t deco eM1eir claim w9th min WITHIN 3 MONTHS AFTER THE DATE Of THE FIRST 042LIG- T10N OF THIS 50. TICE. ALL CLAIMS NOT FILED WITHIN THE TIME PERIODS SET FORTH IN SECTION 733.701 OF THE FLORIDA PROBATE EVER BARRWILLEDBE FOR EVER . NOTWITHSTANDING THE TIME PERIODS SET FORTH ABOVE, TWO CLAIM FILED TWO 121 YEARS OR MORE AFTER THE DECEDENT'S 5 060 1 OF DEATH IS BARRED. The data of fust punk °a tnOher 1, file 1'11' notice Personal Representative: �] v, SternowOYi snawnrgae. Melbourne, Florida 32901 Fps rade Bar No. J. 0008 TRADER PA 250 Tenth Street st Lehigh Acres. Florida 33931 P b: October 1, 8, 3014 TCN2651602 NOTICE OF SALE ERGIUS PAN1ER will bsKelle°Itl on by la rry ceted at Towing to lo- cated n 1317 S. Fed- ;79954".4r ed r I Hwy., Stam. 12 34991 Tel: 1]]11 claim a l at of 1th''hr: •M1icse far 3:410 ca `M1 sh0 0al Drage Is $ 975.00. 1611)1.00 ,11 be inn rimmed 08 me Keith Kent Dailey. Pub October 1, 2011 TCN1650B91 NOTICE OF SALE NOTICE OF SALE A 2006 MAZDA VINIJMIE173X6030 7215 in he name 31 iM1 at nuangror mine subdescribed en mobile home c ibd herein may be required so 671 dneelilyy eer° m the lot in which .The mobile home is dA bxn RAdb19]11 LEK doublewide bee name VIN Ys: FLFIIA>3B)90618 d FLFL28]39]90648 Title I's: 0011]19562 gmacle 04 propeM: tI/A PREPARED BY: spmwn D. Arbener, AVE atggfor Pinelake SW 64th Avenue Davie, Florida 33314 19541587-3056 Pub: September ept 34, DCN3660061 Notice of Public Sale Sale of goods to mais- ly lienor cc8rd ▪ iM1te 83.9016 Jayn80g.e F l Jayne FSM;ok.- YOung. 1115 Mrut Kr aher: IR6 Susan in- clude: Househonts ld Saleag. tie of nu hecondu ed b r 1B 2010 01 11100 MAW. resew e contents: not to sell unit Sal. nd dunensmr.gg Taw NE Snanne Pd, Jan Beach, fL 3495]. Publlsn Oae.t°" ° & 1dM11 TCN2651662 NOTICE OF SALE Sae of gr:O Def Ir leen: om- hsa83.8J1- 09.Cnil: 007. 01- M1aBe 2e COn heldson Titan, :ale to terns. ,Sa2e l0 b. )4 ag rade 3, d fy. al OctOtieo M. n' reserve ine mnm m,n°n sa.t,2 0)60.4..) Jennings Road, ]]9 SE Jennings3495Rd 2. Pen Sl Lucia FL PehliOh Date,.111114 TCN2661688 IN YHE CIRCUR COURT CF THE NINETEENTH JUDt CIAO CIR.UR IN AND FORST. LUCIA COUNTY, FLORIDA ASE N0. 56201aCA00GENERAL00e61H11 JURIS DIVIVISION ISION PGA VILLAGE PROP- ERTY OWNERS' AS- SOCIATION, INC., Florida not for profit PminuRatio , 0014 . WILLIAMS, of AL. D efendants. NOTICE OF SALE CHAPTER 46 NOTICE OF SALE NOTICE IS HEREBY GIVE Pm,1N fu°earaelni°af or<cl'LT L ra tlal ed. June E 301 d, se em erect in Case No. 561011CAOO DODO IH0I of the CIRCUIT COURT OF THE NINETEENTH for CIRCUIT innand and ler wherein in PGA Ronda, wrein PGA VILLAGE ILP ROPERTY WN,EaRnNCAUmIAE- SI6.WILI4,TH RESERVE TION ASSOCIATION, INC„ UNKNOWN TENANT 11 IN POS• SESSION OF SUB - ECT PROPERTY and UNKNOWN TENANT OF SUBJJECT PROP EPTY are Dalen. dan„owl 70(11 sell h a` heat and hast (lltp,r cash: %- nnpslreaucie.cler 0)0,4' o04com, che online webs'rla for aura a B:Oo AM, mthe 9th say of October, 301! meaalawinea.- crr PropPa Final luagmemnso wit: HESEPVE LANTATION. Phase according t4 the Pl+t ed inthPeao, iotl- Page E0. Public Re- a tl. of at, facie Courcy, VZ10 BaA: ]690 wy1d. Way, sl. facia R 31866 A PERSON CLAIMING AN INTEREST IN THE SURPLUS FROM THE SALE, IF ANY, OTHER THAN THE PROPERTY OWNER AS OF THE DATE OF THE LIS PENDENS MUST FILE A CLAIM WITH. IN SIXTY 1601 DAYS AFTER THE SALE 00060311;, 5 day of BECKER & POLIAKOfF, P.A Anameyserrict N Hu COroadra .`Park 39m SW 149 Avenue, Soda td0 Miramar, Flor da 19641 98 419* (954)967-5940 Fax PrimarrkY MIRSeyrvice MailRbec k f1.00im BOG Joy Maninpty, Florida Bar1117391 I rh°a disability 0who • apgarpn ie orderts penial n this °entail, in . Ilea. m vikhlm ro1,e. Pleas ...awe. Pleas CoorCountrrya Club Drive, tali east l00Fi-43)0 ai leant) daya before rplerg.<6"" meaiatelr`i5b� than 7 dew: if o ng atifl<ati°n it Cite e before . 2 d ass ere hearing or voice s ?11]11. °Pane"*h"' 20Mer 26, CN2613]s l601T00003 NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, CIVIL ACTION O SE NO. 562013CA 553X2% BAYVIEW LOAN :SERVICING, I JORGE L CING, LLL, xQUINTANA, 0)064 e Inl ,1 NOTICE o, SALE Rosi i Hereby em- Foreclosure dated July 28, 2014 entered in Ciel Case Number 561013CA00 1) XXX, r the Circuit Court for St. Lucie Flor wherein 8OVVIEW LOAN SERVICING, .74 20846 111032 TCC SCRIPPS TREASURE COAST NEWSPAPERS C WEDNESDAY. OCTOBER 1. 2014 C SD NOTICE OF SALE NOTICE OF SALE TANA, JR, et al., are ponession, he Defendants, St. Defendants Lucie County Clerk of Court willtuated cell thein NOTICE OF SALE Property siNOTICE IS NEEY St. Lucie Loun0'. GIVEN rs ant to Florida, daenibed as: t1e Finpl°Judgment LOT 3. BLOCK i]9e. o 2014 Ith 'Ju egm�m9 en ed in 32cart [ e No. GCA -3015 al the rge Cen f the Nineteenth Judicial Circna I 51. Circuit in Ouey. FI BANK, NATI°ONAI SBOLIATION i 4lainail I. antl JEAN Y. GUTHRIE, WASTE PANT RO USA,INC.,TEN- Y 1 nhla OF THE PUBLIC 80. CORDS OF ST. LU - CIE COUNTY. FLOW Da bli4 sal., l7 the der,for cash, ash bid at httpe://atlucie.slerkau 08:00 non the 14th day are 1TM1 Clerk of. Lo Any person r, claiming II ClIIh P rry phm T um tb aalq rt other than the window wl Blis 4:,3mustt file a aim wunln 6o say, ager me sale Dalen: Jolo 39, 3011 FLORIDA OTCLO- FLUL[E ATTTORNEYS, E a ria Mark Morales, ale 669831 6656 Tvchnola py i Way. Surae 500 Boca 464, 9 33x31 vPIeervice marlaervice@flaDllec If YhuadsabaPY who • e a e n maeapmn ie betel ° Par mie proceeding, y.°provision inl.a. me eon°6 assistance.ertain Please C Corrie orinsson. ADA oordinnor. 260 NW Counite Lucie, ILub9try 1.Dri SuL 34986, St, 11141807-4370ei least 7 days before ale. your scheduled eon The following proper- °m`ediately• `ie County,Florida. m. ,velIa of tM, °lifiPatia n° I n NOuw le: time•t B,B13lah Pub▪ °i`sh0: telmic t`etl ,Pla4l Port eche n cne Lucie Section •``sme e9 than 7a.y),r P ndnp Seyy her M1r• of the d Oaobn f, Im1 of SL TCN2651344.2uri slonda '90 together exist- :tr.! °tedo `allfxllL 0 b 1 007)0, ,,d Gala a. en5r URe'P'mp0M'1, Notiice Notice her 1'2menI IfhtY,e r e M1er.in will offered uor aalep G80. 5. slalueee/Seclt 83,901-83.8091 Spac o=s ann faDania ie.. n, oldan ern: eaei. wu1 °a hon°'2/21 S4trM1n Pon • wee.Flonae. 1. ireet, 'M1Omar Saver 568 Mona sBratty A13B 004,00600.1107,06, re ry all ru xd 4: role madeh.a a eche44 t eof ONLY"boll convents of she unit must be removed immeaiate- ;a mea arm. • r9a tn`e e lri ale lnin8 subject . a collation at any me. The ed°a10 n -II bens31m a usury 1l"e n. i Doa<d EkonOmy Self smrae. ma Publmn: On°bes 1, 6, 2014 1059651811 IN THE CIRCUIT UT OF THE NINETEENTH JUDICIAL CIRCUR IN ANO FOO ST. L1.12 COUNTY, LORIDA CIVIL DIVISION CASE NO.: 564013 CA2)01011 TO BANK, NATIONAL ASSOCIATION, Plaintiff, BABA GOAD, end TENANT 6 2 n/Y/a JAMES FARINEAU torch below 1 nD ioer o•me 4M1fgF et lol�owoinesl3cattipn a line judi- inalt cordae re ale. °es eii` Fi n- Sonion smlucie.dorkauc en 'h;ghest bidder' lar pU a of this Notice eas lisle, is de- Iroabida the largest h u .hale Ihrn Pray o Yaswho n • times delinaa Z1; a the e see, fashion, c h nth who lbitme ergnl o I of m3ney tO sl, eymvhase the Preper- lllbe selned, s pleelie orabed so le by G iK Ilien6,1,01. al above the deposit. day.1011owing me :plea maim om Ae it any. Other n aeoip h: eaie m the file a` claim must 60 days after the DATED `salon September 12, 3014. MERMAN LLP 777 South Flaglerr Suite 1100 Wen Palm BeacM1l 3340 °, Temp (00706 mile: CoCunael to trla6nt.R aloin Saledrrpas. E.wne flontla 09938 n iM1 e need. ryew tilde'.al y3u • tory pOtlea•tM1e re.� oTL 106, , aoin Co°rdlnala! 150 NW Country Club Drwe, Surra1 ] 2, Pon St. Lucl' 807-43]06 ai Inst ] 00 .4,102 e ppnrvnra, m tmmedrately f5o' ...ration the o`a''Purl rd she enact°Ie appearance it lest chs ] days; it you are cm hearing voice aired, cab 711, Y, GUTHRIE; Publairedlsn: Onober 1. B. „OWN SPOUSE 7 0103 8 313 85 OF JEAN Y. G P USWASTE PRO USA, INC,; TENANT tand unknown Rena to in NOTICE OF MEETING PUBLIC NOTICE CITY OF SEBASTIAN INDIAN RIVER COUNTY FLORIDA THE PLANNING AND SF of TORE LIITY F SEBASTIAN. IN- DIAN RIVER COUN- TY, FLORIDA, HAS SCHEDULED A DUA JUDICIAL PUBLIC HEARING IN THE 44TY 0COUNCIL I50065, 1115 MAN STREET, 66BASO' LAR4 MEETIAT NG TO BE HELD ON THURS- DAY, OCTOBER 16. OI d, AT ]'00 P.M.PROVIN, TO CONSIDER AP G MODIFICATION MAJOR -MART TO THE W(00 104 RE- ATTAIL 200TE LOCATED 81 U.S. HIGH NEW WAY II FORA NEW 410 SF LIQUOR ADDITION. BUILDING TON, ALONG WITH REQUISITE CDRAINAGE LAND S s APING,ING, AND SITE MP ROVEMENTS. THE)0 (06 )L6 ATED IN THE CR !COMMERCIAL RIV D ERFTRICT.RONT ZONING IS ALL INTERESTED PEAT IAT THE HEAR ING ANO BE HEARD WITH pESPECT TO HEPLAN. ROPOSED SRE E0 DODD. UNr022 AND ZONING COMMISSION CITY OF SEBASTIAN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO EN - 2,4 THAT A VER- THEPROECORD OF THE DE, WHICH C MADE, WHICH RE CORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. IN TOMPLIANCWITH THE E CANS WITH PI6A1- BILITIES ACTE IAOAI. ANYONWHO NEEDS SPECIAL A[ COMMOOATIONS FOP THIS MEETING SHOULD CONTACT NOTICE OF MEETING BY -s- Peter D. O'Brvan, Chairman Ocober 1er 2e, TCN1346e90m THE 45 ADA C6 ORDI100N9TOR AT 17126569-5330 AT LERIASTOR TO THM HOURS PE MEETING. Pub: October BEFOR THEEBOOARD c MMISSIONERS INDIAN RIVER COUNTY, FLORIDA NOTICE OF PUBLIC HEARING TO CONSIDER APPLICATION TO VACATE PIAT NOTICE 15 HERBY GIVEN that he Board of County eommiaeionere or di>n River l Honry. Florida, shalC4uld puha h.ba rad. m for 4:0741 .ia.a rlin ...lion of ra e Mira ubd 6Tion pial IPBI - PG65 IRA par m.101 0l de appli Slain. TM1rs applidatian i. 2'23047,1. a: mei: an Rla.iver Board, rebn d",;,; ree,e vl ctoOctober 21, 3014 at m the m mae ba comam rnr: nn LM1anrn ori the 11)0 89ildBuilding A, 10- tited at 1601 22 h Fere L V a Beach, I ride, o ed e`1` ego id ad be heard, attend The Plat Vacation lin plmetion m y be - ,p a come unity Dee iepmem Depen m'r4gii the. County Adminisea- ti n )tN le0p Beach, Florida be - 3 On0w` tINsuo al weekday. INDIAN HIVE COUNTY BOARD OF COUNTY COMMISSIONERS CITY OF SEBASTMN INDIAN RIVER COUNTY FLORIDA n„.01..,.4441015 0„01145 115E9 AND ION OF THCITY OF SEBASTIAN,IN- DIAN RIVER COUN- TY FLORIDLED A. HAS 51.1EDUA SI -JUDICIAL PUBLIC HE HEAPING IN THE 4(16 CHAMBERS. MP MAIN STREET, SE- B A BASTIAN, AT A MEETING TO BE HELD OOCTN OBEUR THRS- DAY, 1B T2014, O )00 P.M. TO VING A SITE PROVING A SITE PLAN AND CONDI- ONAI 7S9 PERMIT RA 37,396 SF BED ASSISTED LIS. ING FACILITY KNOWN AS WATER CREST SENIOR L06 ING LOCATED AT 3085 U.S. W1AIVAERS WELL AS A FROM SECTION 54 1,A7 REGARD- IEQUIREMENT$ SCAF )DHE RIVEFRONT EPINT DISTRICT. ALL INTEES TED HEAR - NG AP- PEAR ND BEHEARDAT AARD TRH F9010 TO HE ROPOSED SITE PLAN. ED DOOR HAIRMAN PLANNING AND COMMISSION LO I SEBASTIAN, FLONOA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEARING WILL NEED TO EN- SURE THAT A VER- BATIM RECORD OF THE PROCEEDINGSH 0 MAGE. WHIC05 CORD INCLUDES THE TESTIMONY ANO EVIDENCE UPON WHICH THE PPEAL IS BASED. N COMPLIANCE WITH THE DISH• CANS WITH m5A- INYOACT WHO ANYONE WHO NEEDS SPECIAL AG NS 00 10(5MEET NG FOR THIS MEETING SHOULD CONTACT THE CITY'S 009ADA 00. CU ORDINATOR AT 1]]31 588 53]3 AT LEAST e6 HOURS MRIOR TO THE Pae o "one, t Sou TLNM51660 PUBLIC NOTICE LITINDIAN MEP COUNTY FLORIDA04( THE PLANNING ANO SION NG COMMIS - ION BA THE SEBASTIAN, OF NE6(456 COUN- T, RIVER COUN- 64 FLORIDA, HAS SCHEDULED A PUB- LIC HEARING IN THE CITY COUNCIL CHAMBERS, 1 226 BMAslnasri nivoia: OLAR MEETING TO BE 0CTOBER ON THURS- DAY, 2014 t4 AT 7.00 P.M., TO MAKE A RECOM- MENDATION TO CITY COUNCIL RE- GARDING A RE- GIEST FORA SPE - AL USE PERMIT p0 ALLOW 0)0400.(010 T10NAL VEHICLE RESORT WITHIN L COMMERCIAL PLANNED UNIT DE- VELOPMENT IPUD- C1. SPECIFICALLY FOP THE Tag GAP PUO LOCATED ALONG SOUTH FLEMING STREET. ALL INTERESTED PARTIES MAY AP- PEAR AT THE HEAR. ING AND BE HEARD WITH RESPECT TO THE PROPOSED SITE PLAN. ED DON, CHAIRMAN PLANNING AND ZONING COMMISSION CITY OF SEBASTNN, FLORIDA ANYONE WHO MAY WISH TO APPEAL ANY DECISION THAT MAY BE MADE AT THIS HEAPING WILL NEED TO EN - PI in. 3 any other purchaser t the fore- closure EN- NOTICE OF MEETING SUPE THAT A VER- BATIM RECORD OF THE P804660ING5 IS MADE, WHICH RF COR TESTIMONY THE TESTIMONY AND EVIp ENCE THE UP COMPLIANCE IS BASE0. IN COMPLIANCE WITH THE AMER! .212 ANS WITH DISH. BI560ACT W00 005 0060(( AL COMM OO aTIONS FOR THIS MEETING SHOULD CONTACT TORHE DINCRYATORS ADA C6 AT 1]]31-569-5330 AT LEAST d6 HOURS PRIOR TO THE MEETING. Pub: Onon2014 T.2651669 NOTICE OF FORECLOSURE NOTICE OF MEETING BEFORE THE LOCAL PLANNING AGENCY AND THE BOARD OF COUNTY COMMISSIONERS MAR 010010A. NOTICE OF PVBUC HEAPING ' ble.l: M R09 Fpnal 7.10,1. )2 .77010-1 al lforG 5,928 square lane rr°elin wit, aeda neetn ▪ opal Ye2,l0s ac :nfecated on itch side Df Karats Highway ISR )61 be - NOTICE OF FORECLOSURE NOTICE OoM1UOUe4 64. E SALE P.,,,.010. decree I lore 4700,. and non r11 sine emend by rhe a oulhern CleavigsHof omesaS °Yell, of al. Cas° No. 1:11-cv-1<p93-KMM� tM1 m.a speaa M Moria Inc.nanE/7:,.)08 ey .l 04• Lheolin .l l6, itis de,ia�ne•ill sell al ss ,ala al Ina n Rrvoura location public u mem ,e, a Ina usual hour and lacati for DUMic ,ale, on t6lT c urwoona0 ne 1helbel Boraod sdpto ddt71g:kS:M11o, n0mPd0. V9Iamn erm3aand oas,4tssrS1 rage, lh0,accoaato fl..,13f't'he.82i54,n180 yit. 41 Indian River 00401)00,:4.. la9ee59uare6V.0 0.ach. Florida 32966 7607 and 7611 h Vis Lou 123 and 139 0l 60.0, wen saulh UL tape. Phase II PD a p to 9h vola recorded in PIE Boa Pages ° s noun olthe `public record, 41 Indian Rer County Ronda Adtlresses: ]596 and )573 South Village 4, 4. umea of salq'lldusuccessssfful 1144,11.1 0ha11 be ,,aired to depnasil wish the Sze rat Matter e . 1 u of live percent IS%I of the ere ch or the successful and rn mane cashier t check m certified or check, Bing made payable to Plaintiff. ere shag bpm. permittedf r bid al sale, bidden ,halt pees coal to the comply Special Master that may are able to comply with itis wed to bid. and tiff may will not be it ages to bid. Plaintiff may bid as a credit p I the `ehm sue on its Nate dna>M4n vndar of 1M1. fl The balance shell be Purred.. price 0) the Property snail be endered by ill, ce s Illiwan 9 IOc 'e, d .k o ifietl c° k °w,));, n 1 iii'. counsel 4i rn`ra, n n la.o1 n ai eg l each m .tie. a me .per mslut i lads rO fulfill Iiia re uire- 3 C arae dOpo.H a all be ferleitcd an °phew m e dela dna rM12 Prapsny 0hall he res(feretl far sale in 4 0n:=•iiia 5001. ti mtit, di me ,ec7na nignen bidea� n ei: °: II PlainliH is aM1a purcM1aser. the Speual Mas sit • tillanc d to be bnudue too Plaintiff, l inbtiid ,ta such ehmGyd dee%rd`Xnstythpu�hwea at ,ale, then Plaintiff Wall 4d� e all S 11 5.ebuvsfhehmrs A Special s Upon full compliance vi h the to s of sale, Me e°Special Ma ekM1f6feReport othe sale the Master oc0, subject confirmationto bhe t The Coun Walt then au order confirming .e ale of the end s`ozeMN0yPeiled0:radn.in inral I,,O registry OM... WM the same legal 0a33l,111 6T..irrole epppne r Fl4e. aeta a A successful thinn ed.un. ohm ngi ti.ar am teaera registry I efand Ike coma es byWrp0filing or the confirmation iache. P1,in and disbar a et chis o adp `amen. `-ia,le, nduding O0lmble,ry ts>, ss ,4.n Tenor' po,4 pl : 1:7y . e I wolromstn i tlate 10 sale a Plain. or granted p al the Property, s, rim and oro e improvements, en` contents. M1I v parties,1411e 1n /or alaaw enf 1,.,,, Ma;en9 and/or Tool slaw t officers, • .Iona w enforcement ned'e and dinned to cake uties end are authorized T Den c and trait: beton pal from me°Pmpem2. o Dated: 9113/14 ImereDued ponies mry conta.t Td pSnQg0;7' '' Telephone:7864100S 3 Facsimile: (70)864-1503 fruit uite 150 Ame,ee°°i lmnaa,°wR°n1.pm mey I R mill Pub: 50p0mber 24, 00,002!,,, 4,s 018 directory ACURA n6 ueoF.ymry C0esi s l eEB30Yg3P 0099160c0r-4mm CHEVROLET 669650ER HYUNDAI LINCOLN - MERCURY tw 60055ltl.com of BEAM beatlory NISSAN 5UBARU VENO USI NISSAN v17,,%=, T12-700-3600 WALSAOE Vre VOLKSWAGEN 01(05SUBARU 999] St %60. aeiaer Diff`uto.com woo 41H3000 • Th. Mn dyeraula[0m TOYOTA DODGE 2hcsE&I m-604 ¢Sfi1 ase In Traria: Coast Classified 772-5 Vu069-682,00446 TREASURE COAST CLASSIFIED Your Source For A Quick Sale 2,,86,,0010 corn s9DYER MAZDA FIN, 060 Diffrenceye. dyeraum.com SCIONof VOW TOTOTA/SCION 107S 941000 wnw.a0onemere bew 608000,19008N R]-55692000 WALLACE VOLKS s6WAGEN 780S7ederal 72-11sumi VOLVO W3"eeLL4s5e:7 846-263-4001 t d e - 1_0\�f lQ.A+la )33.5 Public Hearing - B.C.C. 10.21.19 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney 9O October 13, 2014 Ordinance Concerning Medical Marijuana BACKGROUND. Amendment 2, concerning medical marijuana, will be on the November 4 ballot. Amendment 2 proposes to amend the Florida Constitution to allow for 1) the medical use of marijuana for individuals with debilitating diseases as determined by a licensed Florida physician, 2) caregivers to assist patients' medical use of marijuana, and 3) the Department of Health to register and regulate centers that produce and distribute marijuana for medical purposes. On September 23, 2014, the Indian River County Board of County Commissioners (the "Board") authorized the County Attorney's Office to draft an ordinance concerning the regulation of the distribution of medical marijuana in the event Amendment 2 passes. In response to the authorization granted by the Board, the County Attorney drafted the attached ordinance regulating medical marijuana. At the September 23, 2014 Board meeting, there was a discussion of an ordinance that 1) regulates medical marijuana in a similar manner as pain management clinics, and 2) regulates the zoning of the distribution of medical marijuana. The proposed ordinance incorporates the regulation of medical marijuana into existing Chapter 315 of the Code of Indian River County, the Indian River County Pain Management Clinic and Controlled Substances Ordinance. The definition of pain management clinics under Chapter 315 was expanded to apply to Medical Marijuana Treatment Centers, which are those entities that acquire, possess, process, transfer, transport, sell, distribute or dispense marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers. The regulations which apply to pain management clinics will apply to Medical Marijuana Treatment Centers, where applicable. Approved for October 21, 2014 BCC Meeting Public Hearing COUNTY ATTORNEY F.Uno ylLindaIGENEBALIB C C1AgendoMewoslAinlicdMarijuana Oednance.doc 134 Indian River Co. App oved Date Admin. 'A lE%/b 1� Co. Atty. 1 i► I ly Budget + i 43" Department 4 Risk Management #b 134 Board of County Commissioners October 13, 2014 Page Two Thus Medical Marijuana Treatment Centers will be required to obtain a permit from the Indian River County Community Development Department. An application for a permit would have to include the following information: a. The name and address of the Medical Marijuana Treatment Center; b. The name and address of each owner of the Medical Marijuana Treatment Center; c. The name and address of the person who has been designated as the responsible physician; d. The name and address of the person or entity which owns the real property upon which the Medical Marijuana Treatment Center will be operated; e. Proof that the applicant is currently registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution; f. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the Medical Marijuana Treatment Center, nor any person identified in the application, has been found to have acted with respect to controlled substances or marijuana in violation of applicable law; and g. A sworn statement certifying that the Medical Marijuana Treatment Center, and every other pain management clinic or Medical Marijuana Treatment Center owned or operated by any person identified in the application, will be operated in compliance with applicable law. Additionally, a Medical Marijuana Treatment Center could not be operated in a manner which allows, permits or encourages persons to loiter in or about the Medical Marijuana Treatment Center's parking area. Also, a landlord or property owner cannot continue to lease property used as a Medical Marijuana Treatment Center if the landlord or property owner knows or, through the exercise of reasonable care should know, that the Medical Marijuana Treatment Center is being operated in violation of applicable law. Ordinances amending the land development regulations that change the actual list of permitted, conditional, or prohibited uses within a zoning category must have a public hearing before the Planning and Zoning Commission and two public hearings before the Board. Therefore, such proposed zoning regulations will be addressed in a separate ordinance. That ordinance is scheduled to be heard by the Planning and Zoning Commission on October 23`d and could be brought to the Board for hearings on November 4th and November 18th. At the September 23, 2104 Board meeting there was also a discussion of various low -THC versions of medical marijuana. It is important to note that Amendment 2 does not address or include "low -THC cannabis," as defined in Section 381.986, Florida Statutes if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Florida Law. Thus, the compassionate use of low - THC cannabis, as regulated by Section 381.986, Florida Statutes is outside the scope of Amendment 2, this proposed ordinance and the zoning ordinance that will be considered separately. F.MaomeylLi.daIGENERAUB C CUgendo MemoeUfedical Manj.mn Ordinance.doc 135 Board of County Commissioners October 13, 2014 Page Two As this proposed ordinance amends the Indian River County Pain Management Clinic and Controlled Substances Ordinance, drafts of this proposed ordinance were circulated to the municipalities and the Indian River County Sheriff's Office. The County Attorney's Office has received no objections to this proposed ordinance from those entities. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair open the public hearing and take public comment on this matter and then have the Board vote whether to approve the ordinance. ATTACHMENT(S). Proposed ordinance Amendment 2 FA4tiomeylLindnlGEh'tRAL18 C ClAgenda MemoalMrdical Mn Juana Ordinance.doc 136 ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "INDIAN RIVER COUNTY PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES ORDINANCE" TO INCLUDE REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, in 2011, the Indian River County Board of County Commissioners (the "Board") created Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substances Ordinance"; and WHEREAS, Amendment 2, allowing for the use of marijuana for certain medical conditions is on the November 4, 2014 ballot; and WHEREAS, in the event Amendment 2 is approved by the voters, it is necessary to have existing regulations in effect to prevent a proliferation of medical marijuana distribution facilities; and WHEREAS, the Board finds that utilizing the regulations established for pain management clinics in Indian River County to regulate medical marijuana is reasonable and necessary to prevent the harmful impacts of medical marijuana distribution facilities in the same manner that those regulations prevented the harmful effects of pain management clinics and pharmacies, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. F: UrrornryVLlyda1GENERALVt.rol.lioru Q Ord nana.VOndlmnc..IPain ClinicalMrdcal Maryvona.doc: 1 137 The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Chapter 315 (Pain Management Clinics and Controlled Substances). Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as follows (added language is underlined, and deleted language noted by strikethrough): CHAPTER 315. PAIN MANAGEMENT CLINICS1 AND CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA Section. 315.02. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chonic nonmalignant pain; or any Medical Marijuana Treatment Center as defined by Article X, Section 29 of the Florida Constitution, unless a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes; b. The majority of physicians who provide services in the clinic primarily provide surgical services; c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows; e. The clinic does not prescribe or dispense controlled substances for the treatment of pain or marijuana; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3). FlAitornryUeldalCE1JERILVbeol.liow & OrdinaneerlOrdnanceilPain CllnlulMedwlMarijuana, docs 2 138 Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc. (2) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law; (3) Board shall mean the Indian River County Board of County Commissioners; (4) Controlled substance shall mean a controlled substance listed in Schedules II, III, or IV in section 893.03, Florida Statutes. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery. (6) Department shall mean the Indian River County Community Development Department. (7) Manjuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term does not include "low -THC cannabis," as defined in Section 381.986, Florida Statutes if manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in conformance with Florida Law. (8) Medical Manjuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses mariivana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department. (79) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County. F:lliameylLi dolGENERAL Reeol.iioeu h OedinanceslO dinance+l!'ainCBniulMed'col MartJwonadncr 3 139 (810)Pain Clinic Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician or osteopathic physician for a pain management clinic, pursuant to 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter (911)Pharmacy Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (192)Qualified pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or b A pain management clinic which is wholly owned and operated by one or more board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein. Section 315.03. Prohibited Activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: F: UimnwylLlydaIGENERALIRrraMiar, & OrdinancarlOrdinancYrlPain ClinicrUf.dcal MariJ✓anadxr 4 140 (1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04; (2) Operation of a pain management clinic without a valid and current business tax receipt; (3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes, or registered by the Department of Health, pursuant to Article X, Section 29 of the Florida Constitution, unless such clinic is exempt from registration under such statute; (4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information; (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05; (6) Operation of a pain management clinic or pharmacy in violation of applicable law; (7) Prescribing or dispensing of controlled substances or marijuana in violation of applicable law; (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in section 456.44(3), Florida Statutes; (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections 458.3265(2)(f) -(j) and 459.0137(2)(f) -(j), Florida Statutes, as applicable; (10) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration; F:Uiarnry117nda1GENERALVkaal.,la u d OrdinanaeelOrdi.ancealPdn Clinicakledcal Mary.. dor, 5 141 (11) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including inside parked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic; (12) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; or (13) Failure to advise the Department of any change in any information, statements, facts or circumstances, as required by section 315.04(10). (14) Cultivation, administration or consumption of marijuana at a pain management clinic. Section 315.04. Permit Required for Operation of Pain Management Clinic. (1) Permit Required. e - _ - _ _ ' _ _ . - _ - . _ _ _ . -, No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the Department; (2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shall complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information: a. The name and address of the pain management clinic; b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited F:UuornryV.irdalGENFJULVterd-nion.dOidinoncalOrdiwlrealPoin Cfinic,tM,dco(Madjuanadacr 6 142 liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances, and each person who will be acquiring, possessing, processing, transferring, selling, distributing or dispensing marijuana at the pain management clinic; c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if applicable; d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated; e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes or registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution; f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person; g. A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; and h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law. FAAliontrylUndolGENERALIReaolialons&OrdinanceelOrdinanceelPaln CRwu141th.! Marjjuanadnu 7 143 (3) Permit Application Fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the application. (4) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency: a. The applicant fails to pay the required permit application fee; or b. The applicant fails to submit all information and statements required in subsection (2) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information. (5) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) and none of the facts set forth in subsection (4) is found to exist. (6) Term of Permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (5). (7) Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. (8) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code FrrUaon.ryWndaIOENERAURsrofunom & Ordiwr.urlOrdmnurlPaln ClidceLNsdcal Marijwar.adocs 8 144 Enforcement Board or any court of competent jurisdiction, in the event that: a. The information or statements submitted to obtain issuance or renewal of the permit contained materially false information; b. The permit holder, or any Pain Clinic Responsible Party, has engaged in activity prohibited by section 315.03; c. The permit holder, or any Pain Clinic Responsible Party, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; or d. The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes, or registered as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution, or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal. (9) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (8) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate danger to the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, F. li omrylLlndobENERALIReeolmlom d Ordinancesb.dirorcerlPaln CllNulMedcal MariyNonadoc, 9 145 however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County. (10) Change in Information or Statements. The permit holder shall notify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a — h above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a — h are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change. *** Section 4. Severabilitv. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal on the 8th day of October , 2014, for a public hearing to be held on the 21 stday of October, 2014, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2014. F:WlomrylLindolGENPRALWeaol.uon. 6 OrdnanaetlOrdnaneealPain CllnicalMtdcal Monjoana.dors 10 146 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk Dylan Reingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2014. FA4iromrylLirdoIGENERAL1Resolniiona O.dinanorAOrdinarcerlPoin ClinicrIA4edlealM jnanadac: 11 147 ARTICLE X, SECTION 29. Medical marijuana production, possession and use. (a) PUBLIC POLICY. (1) The medical use of marijuana by a qualifying patient or personal caregiver is not subject to criminal or civil liability or sanctions under Florida law except as provided in this section. (2) A physician licensed in Florida shall not be subject to criminal or civil liability or sanctions under Florida law for issuing a physician certification to a person diagnosed with a debilitating medical condition in a manner consistent with this section. (3) Actions and conduct by a medical marijuana treatment center registered with the Department, or its employees, as permitted by this section and in compliance with Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law except as provided in this section. (b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings: (1) "Debilitating Medical Condition" means cancer, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis or other conditions for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. (2) "Department" means the Department of Health or its successor agency. (3) "Identification card" means a document issued by the Department that identifies a person who has a physician certification or a personal caregiver who is at least twenty-one (21) years old and has agreed to assist with a qualifying patient's medical use of marijuana. (4) "Marijuana" has the meaning given cannabis in Section 893.02(3), Florida Statutes (2013). (5) "Medical Marijuana Treatment Center" means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department. (6) "Medical use" means the acquisition, possession, use, delivery, transfer, or administration of marijuana or related supplies by a qualifying patient or personal caregiver for use by a qualifying patient for the treatment of a debilitating medical condition. (7) "Personal caregiver" means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has a caregiver identification card issued by the Department. A personal caregiver may assist no more than five (5) qualifying patients at one time. An employee of a hospice provider, nursing, or medical facility may serve as a personal caregiver to more than five (5) qualifying patients as permitted by the Department. Personal caregivers are prohibited from consuming marijuana obtained for the personal, medical use by the qualifying patient. 148 (8) "Physician" means a physician who is licensed in Florida. (9) "Physician certification" means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the potential benefits of the medical use of marijuana would likely outweigh the health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination of the patient and a full assessment of the patient's medical history. (10) "Qualifying patient" means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards. (c) LIMITATIONS. (1) Nothing in this section shall affect laws relating to non-medical use, possession, production or sale of marijuana. (2) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient. (3) Nothing in this section allows the operation of a motor vehicle, boat, or aircraft while under the influence of marijuana. (4) Nothing in this law section requires the violation of federal law or purports to give immunity under federal law. (5) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any place of education or employment, or of smoking medical marijuana in any public place. (6) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana. (d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion. (1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section: a. Procedures for the issuance of qualifying patient identification cards to people with physician certifications, and standards for the renewal of such identification cards. b. Procedures for the issuance of personal caregiver identification cards to persons qualified to assist with a qualifying patient's medical use of marijuana, and standards for the renewal of such identification cards. c. Procedures for the registration of Medical Marijuana Treatment Centers that include procedures for the issuance, renewal, suspension, and revocation of registration, and standards to ensure security, record keeping, testing, labeling, inspection, and safety. 149 d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients' medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient's appropriate medical use. (2) Issuance of identification cards and registrations. The Department shall begin issuing qualifying patient and personal caregiver identification cards, as well as begin registering Medical Marijuana Treatment Centers no later than nine months (9) after the effective date of this section. (3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering Medical Marijuana Treatment Centers within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department's constitutional duties. (4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes. (e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this provision. (1) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by any court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible. 150 FIA4 SCRIPPS SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # OCT 1 0 2014 INDIAN RIVER CO ATTORNEY 2652492 10/8/2014 NOTICE OF INTENT-HEARIN(MEDICAL MARIJUANA Swo o and subsribed before me this day of, October 08, 2014, by who is Sherri Cipriani 1b1 [X] personally known to me or [ ] who has produced as identification. -1 Mary T. Byrne MARY T BYRNE Notary Public - State of Florida of My Comm. Expires Aug 2. 2018 x ..a:' Commission 0 FF 142429 Notary Public NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES ORIGINAL Indian River County Attorney's Of... O) N Ad Number: Insertion Number: Section-Page-Zone(s): 1 Col x 134 ag NOTICE OF INTENT - P Wednesday, October 08, 2014 R BID 1 `F'yea our 'coo11:0lly (lion November ], 1014, for hmmwnpp s plastic markings pri- mary n- meodsCom- plete pletletting adver- tisement information for ths Dr oleo 'x actable • b,i[ea hep:/Ivmw.dot,atte, n.Odc°nnannamini strati diwrind/ dict 301<NleltinYh er by along 19561 J]]. ism. Ppba October 8, 15, TCN2652498 NOTIGE OF SALE NOTICE n F SALE Tcontentshe of ttallowi 9'll 4:71 a satisfy tisfy a UN 0a-TEANT 187 NTi, Co Hi,Corbin e4tHttiaVi loam. 02110ol hermi 0 Mary Baren Hvusenold Hama 75 Donna Walker Hvusen0ld hems ralWe30(120 too ,73. elusv a bids. Friday, On. 3.003o16M Jensen Mini Bay nStorax os NE Ineuleal Blvd.. Jensen Beach, 112135) mn 33696th Pub: ace 67053652409 Sae 101 Bood.12 901is In I11 ni .cc3re- hF08 80$249.Units: l3d6 Jayne Fellman- Young, 1115 Michael o rder, 726 Kramer.Conce Susan elude'. Household Good. to and Torted Sale fl 0 cvdune' hn Thursday, elf0- er 33, 3014 at 11:00 AM.We rrrrr va the right not to .11 a °nd Sound sionge. 1400 NOTICE OF FORECLOSURE NOTICE OF SALE NE Savanna Rd, Jere n Beach. Fl 34957. Publish Da[es10r1/14 B IBR/I4 TCN1651663 NOTICE OF MEETING NOTICE OF (NIEM- PUBLIC HEAPING NOTICE 15 HEREBY GIVEN that m 02.11 0100uerety r,7,%11, , 5001 al FI P4014cwlll ,wide' ,deer .aagri"e of ed:di- n,ue entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMIS SIONERS OF INDIAN RIVER COUNTY, irRIAN, AMEND INT CHAPTER 315 OF THE CODE of W OIAN RIVER CONN. TY ENTITLED 'INd IAN RIVER 00ENT CAIN MANAGEMENT CLINIC AND CON TROLLED SUB STANCES OPDI [L NAUDENCE'REULre IN A M.Y2SN OF CrPI TAIN ACTIVITIES RE EATING TO MED ICAL MARIJUANA; NO PROVIDING FOR LITY c001FICATI1 ONAND AN EFFECTIVE DATE, The Public be held 0n Tues- day, ees da, Oc05ber 21 reaher as crd. ti he cn,mv ben located hrn A al the n e eafu.4' m iAa - 0m Slea, 1801 2]th tet. Vero Beach' Flwhich iatime intereet , h ard'withar mpa' be the propos. °rdi The proposedardi opened .Vidor pbblic n .Iron urs terry NOTICE OF FORECLOSURE NOTICE Sm1WeL DRlOSuanH E SALE P r,u. a dvu of l red ur and a der of tnfe area e h , . 11, Southern the nee 1 Signature WL lLC v. et el, Case No. 31] .v -14092-U.4,.0,, 01. 0,043. nnom<v i 0? public 6010 01 /°°, his des wigs sale Me Indian designee. CircuiteC County Courthouse, a[ he usual hour and I cation ler public rale, 1nMt611d�betwean'9 OOamsand 4:00 d'y 'n the a e, aee dueled to ba :Dia°rm wmca rier.n�. ' lar me ms A sale, tI eo a1 blbwx: flag 95, B6 and 93 , Pointe ng tt Saute Vit 11161:31. 060833hase I 1ticd ' 01.1 B %k la 0.9.4 4931 01 Ne public tortls of Indian Piver edec1 Florida. Vil- lage Square Vero7Be ch, 0 Florida 32966 South11 VII - lots 123 and 139 °f oil). West south Vit laps, Phage II P0, ounn 3 1161 83 to the plat 20-02 3 .. , 6449 d n % 31101. Pos., 433 Fme public ecwtls al Indian River damn Flonda Adesas, 7596 en ]5)1 South Village A Nertimeiral seleF.Neoud es ltlul bidder. chat, Mbe astee rued to deposit of five,Percent 159:1 0l th minimum I the • cc Cil I Nd sane payable Cin k O l, iii., neck, made permitted Yable t0 0 le,00dell, s shall pre ntpro to bid n c of to Ma Sp pa bidders shall pres- ent to comply wiib all requirement l Master that Mey Ere able may wet , be allowed to bid. Plaintiffduo bid . credit eget. the amount s ,Note end Mortgage w233170n40 0 TRopein sb111be ate e:rbypMe mem a- lul header in tee loam al nen. eazhiei s r nedPllainb dIfs • ° eel ire ard, 711 I ay following tied to of Hie. Il rtbe mo Cie NI bitlder nils fulnli Isis y e - me M1e tlepos [ noel b fodeiled°a lied r ; ep ns °e le aaa the accordance cco ty eh with tdolor ale ,2ld to the onddnh 90:atbidden at PP1.i� Tres discretion°. If Plaintiff is the pure ager the Special Mas rm151onc.etdo[Fla75laiban,thoe enm m y be a ed rte vs„ry to pay 1noo the 614 Of rte Ra roti. II nor ad- urchner w vele, t on Plainrill xn,ll od- a e dl mbseque [ a el tM. 9tion Special li be reimb reed lar ,nam by IM1e poni full oom Upon the run a 1 with me wens 2 le, the Special he le khan file • Pepon of the n1e with the Clerk of subject n,an:Coun. The ouen then enter order n40thm141the bte• hnsAarn arep est:: nl1 be filedand worn. indM1local I.nd repiwry OH.e, whM1 tns same1rY. !- Neel a. denir; tln0 v. Title per la. Su. At,. 1.I° a seq. shah pay. addition • bpa a the amount hleder t to 31 role bid, a, dot d Ian registry lees and like cad as provided by lw. Upon tiling of the confirmation Order, the salepr°ceeds shall be applidto Plain tiffs costs and disbursements o0 this ac - lion, o the expenses of sale, including docmentary sumps affixed to the order if repnamehee , Mt ean:op•enso-um11tl.dmurio lfPrta: tib M1m'eaut .IewlNm n'vamhit to e sald Pur °r enry other Purchaser the foe closure nit is granted poeseseion of Propene, its improvements, fixtures and 6th.r contents, whichell otherparties. a a d/orlocalaw enforcement offices, 0 9o. ,long wire his or Der deputies and ,Bona, ere .mhon to and .inn. t0 tons am/ and all anion to from the any parsons and.. h0lonpings both the Property. Dated:Mtvl4 Interned panics mry moon: 63.G.Wenmt 63404- :, ll Parkway0061Sucre 150 Duluth, Gem P g 03009] Tei11011. 110) 066140] Email e: jn0!BE615o] Email: pArovg per@pegnuntinenciasolutianscom Pub:September 24, October 1,,1164e 76gI- NOTICE OF MEETING Monday tbrouggM1 Fri- tlryl n me ,loth 1 the Clerk see the 6ard 3r c my Com ora 30 floor of Building 1103,61091101002 me carnt�o dmmiP 1 at m lex, 1 lith Street, Vero Bnch. Florida. Ani* to a noele: :0 decision which may be ngtlell nevedeo etn+elYm o d vl the wr r<9rn . a neige+cc° ,y nicM1 t gal°i, meed Anyone who needs a sci ommoda- an fo1ar this memust contacteting 411y: Americans !4104 DEo,,d;ti x An t Ivan a ),oche ini advance °Mho meeting. CourvnD oaao of MMISA HERS PETE.. CPBRYAN. CHAIRMAN 6.0 ra201d no TCN1651493 NOBLE OF MEETING PUBLIC MEETING NOTICE AND PUBLIC TEST TN EO(PMO?1 G IPMENT STATE %FLORIDA LODNIY OF MARTIN fie Mnyasw artin Couoardnty ca^g B offce°of. Ne Supe135 r Elenions, SE M,rtin Luther King. Florida, Blva., 3. m, a �1t Oto bWteesaa . er 1w 014. E.B.m write gg- tabulating beHOernoraond ment Novembrer 0, 01 NOTICE OF FORECLOSURE NOTICE OF MEETING eeBrowal Eleay0. i 1, "Wien +Io aide::lte� tnm 6102(3natMat time. r330106 wish tne`Sunshine Laws 3r Florida, this meet- w 11 be open to ec public Section 396,0105 atutes, sF ates if Statutes de - da:: if person denyy, agency, by coor mmis eoencwith respect 110 oro m nsid er a at he matter este .11 need a cord inar° for seung'p roe verb that a verbatim record ora of includes Me t esele. 120m0- nv dna . d.n.e pan which the 11ap- y l ie e based. neer mumspec, please:or15 the s6 pervraor it Election 663]. mca 1 772-19Vicki 9 Martin Ffemtr Pub: Onob70N19491-2d NOTICE OF FORECLOSURE IN THE CIRCUIT COURT OF E TH IN AND FOR INDIAN RIVER COUNTY, GLORIA E NO. 31-3012-CA601931 WELLS CARGO ASSOCIATION, NATION AI E FON. AS TRUSTEE FOR THE HOLDERS THE FIRST FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-Fli15 MORTGAGE'RMA THROUGH CRTIFI oS6FFI5. -iv, SERIES NOTICE OF FORECLOSURE FORECLOSURE ULE NeOB`E is herebl grad hat, Clerk of E, Smith, Clerk of the Cirt i d Corn oea, FmriR River Count Y. 0 win:1 d me ' coir,7. 61 AM„ EST, on intlian-rryiv <m .9.034. 0,om, In 00,5(6, d5. F.SW of - 4r for sole dna ten blit outcry te hipmn ` best bidder for ash, the Hewing desc: bed 8Pero64 Cee. Flyrid8.l0wit' SEBASTIAN HIGH LANDS UNIT 11, AS PER PUT RECORDED IN PLAT 8002 ), PAGES 56 AND 55A THROUGH 56L, OF THE PUBLIC RECORDS OF INDI. AN RIVER COUNTY, FLORIDA ROPER,' AD - Pendens mug[0010 alterhe a:le". 6e. UBMITTED on thio t day of Septem. bSIHOTE a PERMUR, Kthrynl. Kaspw, Fl Btiei'eteeaur MD. Plaimih o11 5 E.Gonz PC 11 males Pennroh, fL 32503 Telephone. BSOd63-1500 850462-1.9 Requests for Accom- Plaintiff, sons by Pen rh DismHi- JEAN W. E%ATUS; et tie,ll yhu ve ,pen al., d bit Defend... onmm:d tion in o NOTICE OF 'pr r paninpne in ms 01141, :1 you cost ° pool cto the provisiin Pieta Court AcTr 50 NW IN THE CIRCUIT COURT IN AND FOR MARTIN COUNTY, FLRIDA USE NO'. t00m51-U BANK OF AMERICA, N.A. Plaintiff, TROY A. AMMO ATROY T STEPHANIE 0 41430ND:UNKNOWN TEN- ANT I; UNKNOWN TENANT 11; MORT- GAGE ELECTRONIC REGISTRATION SYS TEMS, INC„ AS NOMINEE FOR COUNTRY- WIDE BANK, FSB; RIVER FOREST PROP- ERTY OWNERS ASSOCIATION, IRO: ST. LUCIE FALlS PROPERTY OWNERS ASst1 IATIO N, 1700 STATE Or DEPARTMENT 01 REVENUE: OF FLORIDA MOARTM ENT GF REVENUE: MARTIN MEMORIAL MEDICAL vENTE ,INF and any di0, unknown other, urn, known personage unmown spouses .aiming by, tMoenn`and under asry of Ne abovinnamed Defendants, Defendants. NOTICE OF FORECLOSURE SALE NOTICE IS HEREBY GIVEN pursuant to an Order of liJudgment cry 1 cone of Foreclosure U of the Dotson Court of the 19th Judicial Circuit in and for Martin County, Florida, w:5POYUAK OF AMERICA, TROY'n. MOND: STEPHANIE AY W7176 UN- KNOWN TENANT I: UNKNOWN TENANT 11, MORTGAGE ELECTRONIC RA- TION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB; RIVER FR - EST PROPERTY OWNERS ASSOCIATION, INC,: ST, LUCIE FALLS PROPERTY OWN- ERS ASSOCIATION, INC,: STATE OF FLORIDA; STATE OF FLORIDA DEPART. MENT EPAR - MENT OF REVENUE: MARTIN MEMRIAL MEOIUL CENTER. INC., and an unknown heirs, devisees, ,gra creditors,s or and other unknown ,th oughnand uncle, oe en3aml,L ,0e Qeh al COu win :ell eo the highest and best bidderforcase in accordance with Chapter 65 Florida Stt- e Iforecloae.cam at 20AD A.M. on the rddM1 . I property as 3011 he loll3winp aescnned prpeny as Mnh in •aid Final Jueer"p mwil A Parcel of land being potion al Lot 3 ail d, Block 6; as shown on the dot al S[. Lucie Falls, as recorded 'n Plat Book 13, Page dC m the Public Records of P.Im Beach County, now Matin County, being y icrlarpd.scrib.»lollaws: F oro toe cote °i Lincoln Par4 ae shown inn ab°ve`devcribva plat, bear nz SA' Wet, , divlmcv of 5)O.Oo lea tote Pru ,(Begun,, of the M1mtn. da oai10. pared ,, 61 0 0hence t to p rs l.,avecncc et1thelouttostpalm on o the s°mnms4 hay - I6, udim°610690300 lee[ and:Z8h nn .a E neem 31 lineal, Pah thence Southerly a tore the e of said curve. through . centre! angle ere 03. Sot . eis- af 60.771aa; thenen ran/ 1, io a oo.r. on a curve concave of,them ; having" d us `15)O.m leer the:lr me r1ace rat 0 M1e t. al aai% curve aywn a�. central deare of s• 63' m•, , ma - tan lees t° the Paint of Begire PARS (unrecorded)`k 63 IINEfl FOREST Arty surplus, ' or claiming a interest me urrplu if any, resulting from the for e- WdIuonrdlso.e., t eoaib cynIda woC=et imm6D day,.1,&lb sd r sI. DATES this 18th day of Sepmmbee 1010. Maisel e;ni Esquire FloridaCarlos In er Bar No:91853 Floridareyros, Esquire Bar M783 ailing Address: e'en SautM1 Conway fl0atl. Sone E Orlando, Fled, 71.1-]315 TalepM114071381-5177 Fax: Fac 03100,0.,, ] FtPlnai"Bsa6hmlernanO.m.cOm 94663 NOS AMERICANS WITH DISABILITIES ACT. If Hou ora aqa vera°, wit, a diaabiliry who e as acmmmvd.0, in ma.r . pt- JpG 9091 pr°cntling, you are en,l etl,ea: no roar to You, to the pmrtisiyn of Core. Joh0mn�AOA'C411.27 , 0 00 L4 Coun vy 09.(Srive, suite 21], Pon std 4000 FL 34986 ur o 3]d]]o at least) drys be - (6n your immediately upon receiving cern Misnnce, or ren H the, time°before the $. 11 you notifica- tion is len man ] day it you ere M1"t' B°or voice impaired, ell it I, wn ,nam. e. s, Lau Trnz3z3as ae belosr. the cne isle e less a hear- ing e `] men' or voice we near - w °e. <iiiie .m. 2014 D bar 1, 8, TCN265138d IN THE CIRCUIT COURT OF 11.15 19TH JUDICIAL CIRCUIT W AND FOR INDIAN RIVER COUNTY, FLORIDA USE NO: 200.A-011047 HE BANK of NEW YORK MELLON F. THE BANK OF NEW YORK, AS TRUSTEE FOR TE cERTIFI- CATEHOLDERS CWALT, INC., AL- TERNATIVE LOAN TRUST 2009 -JI, VII OUCH CER2F1- CATES, SERIES 200.7 Plaintiff, THEODORE ANGELI. at al. Defendant. FORECLOSu NOTICEof0E ULE NOTICE IS HEREBY GIVEN y Final Judgment °t Fvrecloaur5 301] F.erp.ry r d in Civil Case 3.: 8078(5 790,94) e (1 1,Judimal Circui) Vero BucM1, Indian River Coun Florida, Jel- ir.v �. smite, the wl'I mll0lanth' e- and boat online at far Caineienet ve. 1rea4foredoae.coma1 10:00 h 0 A.M. . . ESI Ocie yep 3 td N. lonaw- tivde,cri ed pro, said Final Judgment. M1e East hall of the following described The°N 6. 660 feet of Tint 9, section n, Township 33 South, R wren 3 he 1»t F.neraaANif FIlane. R INDIPNEP 'RPMS COMPANY filed in Slat BooM P.rortic of stP Lucie Counly0 Florrtla: 033539 he Weal �evt °I the dant ,39 beet thereof •4 d subject 114. 5°stn 3 t 0Vva Thereof for ceniufd ana n 1Linn d brine i Nd'� RMer County,"Ronda. Anv �e.aan <laimin9 . any, e mere ntela, it y, n.r m., th. tnree:1a°ui rhe lie p tlem, mart fila e after nt e1 sale. .rye Dana September 25, 2010. MAFIA FERNANDD. GOME2, 050 TC 00 SCRIPPS TREASURE COAST NEWSPAPERS C WEDNESDAY. OCTOBER a 2014 Q 5D NOTICE OF FORECLOSURE rIPP SCOTT, rneyA s for Pl in Attorneys nll 110 BE Siwh SL 1511 Floor Fon Lauderda3330le FL 1921eu91 9'7:66-- 5pNOS IF YOU AREA PER10*. SON WITH A OISA- BIIITY 00 0 NEEDS ANY ACCORDER TO PION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, 000 ARE ENTITLED, NO COST TO YOU, TO THE PR0V4 SION OF CERTAIN ASSISTANCE. PLEASE a NTAGr A0* 000RD1NA- TOR, 250 NW 0005- (702) E2OT S T8A07S BE7 FORE . YOUR SCHED- ULED CHEP ULED COURT AP PEARANCE, OR IM 100622NGCTyHIb°N4 0(5104T10N IF THE TIME BEFORE THE HEDULED LAPESS - THAN7 D IS T THAN) GAYS, IF YOU ARE HEARING OR VOICE IM - CALL Pub' October °ber I, I, e, 2014 TCN2651567 NOTICE OF FORECLOSURE JUINRTHOF 1(504 TH DICML CIRCUIT, ININDIAN RIVER COUNIY LORIOA CmLUR CIVIL orvlslo: 1013-CA001501 TTRUHE ST NOCOMPANY,RTHERN AN ILLINOIS BANK ING [ORPOPATIONTION, SUCCESSOR BY MERGER TO T, NA ERN TRUST, NA TIONAL ASSOCIA TON, Plaintiff, EUGENE M. HAAS: et oeiendamisl NOTICE OF SALE NOTICE cl GNEN Nn pars Finalt:dgmenl. data ndet'' Ing s.1e entereoon September 19, 3014, 10140A- 00alft Circus o-diMCoun un of the 1 19th Ju- dicial Circuit aetircuit d for Martin COh°THe tree Fn°000 NORERN iPUSi COMPANY, AN ILLI ROIs BANKING tel CCES00P BY MERGER TONTH- EPN TRUST. NA - TIONALth in the - TION, ie Plaimi. nd EUGENE M, HAAS dna KIMBER- LY A. MARS ora ,he miedam., cam" Timmann. CIerY a( ha Caur1, Mar[i1n County, ropa II a.n e d propelany Io- ma°nil eelor anitl b at Mdderlornch Tbis Ivreclosury sale Int b t Had w nin.,..lI,orealase,ca rn at p Onober 23, 2014, the following described thdrsi° e Or:Fine Jgagmem CACCOROING TODTIHE MAP OR PLAT THEREOF AS RE- CORDED IN PLAT BOON 3, PAGE 130 PUBLIC RECORDS OF MARTIN COUN TY, ADDRESS: 000. 0A 05 ERT/ 65 SOUTH RIVER ROAD Any interest , claiming he mr lrm in rale, it Teop ,1713 5etr nt of r Hale rte 711 dens mg1e aha me salowT dale.6ys Steven M. Lee, PA Lee Professional Building 1200 SW zed Avenue Miami, Florida m436)Bss l-0ioh. Cie® w5 itee Em it m By: W Anornrybt°r Plalnt6 Florida B,a0r ] Requesa tfor eons ,with ns by Per- on. n DnamG es. N too 111 a pen ohme1 any ac n ai n a d°°'Niia r n atie tilI,dn tine prov1ion a Plea'ae nnaooun Admin S0 NE unsry Club Drive, buite 21 ], 8or, St. Cede, 43]0 lFL, 3498eas[ TR ] sees before you indole. paono. need, w imrp:8: a IYrwr°" ianeif the in bele a the 1 nedul les than days it you are hear. 'nepaired, `./711. im- Plb 14 October 1, B. TCN2651320 NOTICE OF FORECLOSURE MARTIN COUNTY, FLORIDA GSE 1]m1661CAAXM%NC JPMORGAN CHASE BANK, NATIONAL Naimin, VIHGIN IA LOUISE HAUSER; GLENNON G. HAUS GI: MI- CHAEL GEORGE GARLAND HAUSER, UNKNOWN SPOUSE OF VIRGINIA LOHAUSER:UN - KNOWN SPOUSE OF GLENNO5 G. HAUS ER, III, UNKNOWN SPOUSE of MI CHAEL GEORGE GARLAND TENSER, UNKNOWN TENANT I: UNKNOWN TEN- ANT In end anyy um*. known heirs, devi- seer. e[i 1`,Tdad: nanwn"persons or g,own ad �1e6eerig"rletPie above-named 0elem Defenidant, FOREQOSURDEFSALE iICE IS HEREBY Jan (020,. S Pmt ter.tired `in Civil Cas No. 13001463 eu AXM X of the Cin of 19th Jetlicial S0int end far Manin [°un y, Florida, wAerein BANK, AN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff and VIPGIN- IA LOUISE HAUSER: Prier/1944n: Ter G. HAUS- , III, MICHAEL GEORGE GARLAND XASEP;UN- KNON SPOUSE OF VIRGINIA LOUISE HAUSESR;N KNOWN POUSEU- S• GLENNON G. XAUS- 0,0111. UNKNOWN USE F MI- CHAEL GEORGE UNKNOWN TENANT I: UNKNOWN TEN- ANT II. and any un- knawn heirs. devi- ce. , B ted- : osw^Pdenf e unknown spouses a e uneer any °1 tee above-named Def. - dant.. are aelen- dentlsl, the Clerk of coon rtrrit m. highest and ase ( 0 .Cies Lor tae in dance w' [M1,Drr 45 fl°riea wSwat sot^rev., lfo ,e clawse tom e[ moo A.M. on the ,th day inNovember, 1016 n 13uawing a. - =e=erg pnp.n a rg, m saitl Fiml OTS 10,11. 16 ANO 16. BLOCK ]8, GOLDEN GATE, ACCORDING TO THE PUT THEREOF. CORDED IN PLATAT OK BO11, PAGE 61, OF MARTIxC000N- TY, FLORIDA. TO- GETHER WITH THE SOUTHERLY 7 112 FEET OF THE FIF- TEEN 115'1 ALLEY RUNNING EAST TO WEST THROU GH THE CENTER OF eLTTEK ACCONS 50 O THE PLAT THEREOF, RECORD. E0 IN PLAT BOOK 11, PAGE 41, PALM BEACH (NOW MAR - EREV, FLORIDA, PUBLIC RECORDS, LYING ADJACENT TO THE AFOrEPiv HEREENTIOIN.NED Ra ",7:417,:°;°T.= m the aurora, ismisi f any. resulting from the (orcdos sale, th- tre path owner Liv f gm date s, Ole ui.im within CI°r, lheln 60 mra. DATED this"Rh day of Au0uw 3010. ManFBM 9165n Medina3 William D+vid Minnie, r BEs Bar Number 109qu5i34 Mailing9 Address. 3195 Sneed C uitecy Road, Slate E Orlando, Florida Telephone: Fae ;71 3261eli-Serln wt3e0a�dhoschc0m m E aVs' WITH DISABILITIES ACI. II w g a dis:bil = ear' T, •:rar i ion n tu eme°8"ge ot nov3r 000twto. you,Reeled. the pravnion of Jong o'n ADA Cerrin i- d mater 50 NW Country Cluh Drive, Suite 210, Port 51. Lu 2;', FL 34986; :1l 00]-u]0 a e u helm ..n cried court mddi'd0y'a <ein if tnpntemainep. appearance rne en ed sled Is less fmvah 4tirbre 119 Pio1< October 8, 15, 70512652333 IN THE CIRCUIT COURT IN AND FOR IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT NANO FOR MARTIN COUNTY, FLORIDA USE NO.. 14347U "NE BANK of NEW YORK MELLON NOTICE OF FORECLOSURE 7N5N10TCMPTAN., BIVIDUAL CAPACITY BUT SOLELY AS O TRUSTEE N BE HALF OF THE FOIL N1 ASSET Pl aon, KATHLEEN HIGGINS A/K/A KATHLEEN FRANCES HIGGINS. AMENDED NOTICE R UlE NO0CE;s hereby 9)9' f,:',' Hai Judgment oe F recl e p::eicontntoiai N1'�n M11Juaic,al Circuit, in and lar Martin County, Flori- da, Case No. 2016 AOOmd7, in wm<F THE BANK OL NEW YORK MELLON TRUST COMPANY. ';19n n9'en Frances Higgins. De IentlanL rhe Clerk of Court 1°r Marlin County, Flo,tla will veli fne lallOvnnp tle ,n ned Martin nt, .d in Martin Cason ry, Flonda: Loo 1, Block t. neo at Three, Bt; LEsSubdivision ucie ates rCplat ding to g Mererr, as rr corded in Plat Book 11, ,0,72.443.,°, 0l.9.93,of toe Palm Bea. (now Martin) wuty Together with 1, un vias P e inn"a Peen Leinp mar m; xaaebp ode der for cash 'taloa, Novemnber, 201 sales are onlineoat wwwmartinftealre dos claim the ing pl. mt me sales ,other than the tre"d °otoesalol n.,deo must tr ,im laded ter lee elle. DATED this 1715 day of September, 2014. CAMERON H.P. WHITE Florida BarNo yuthm!10642w610ep JASON R Florida No o e, 01192 Ihawkinse M1m505.0.mm r UNOSEYM.DAMS Florida Bar No. 6vise Itlaivg sao nmilhausemcom ri0 Mammeq PA. 120 legion Plaa. Swro 1300 Odanet.10rida 32801 Telephone: 110]IS]91639 acsimile (1071F )5942679 ttomeIl gs melt ° Plaintiff Cir1 [he 1 171 Juddcral cuit oi n7:a- e°ecro.°4;:gns wnelilleduevne by to disabe: "If wen :rde:binry wno needs in accommo gatian Q participate or a Iaciaty,t504 Ned, cou"io of certaito n assistance. Please cant. The #1 Advertising Source For Recent Home Buyers Treasure Coast Classifieds tcpalm.com claesmd FIND OUT ABOUT THE POWER OF ADVERTISING in Treasure Coast Classifieds tcpalm.com classified There's MUSIC In Classified Advertising! Find anYthing From pianos to percussion. Treasure Coast classified TREASURE COAST CLASSIFIED Your Source Far A Quick sale Find your Your way into cyberspace ultimate Locate your source for Computer jobs, System homes, inthe wheels & Treasure Coast stuff. Classifieds. Treasure tcpalm.com Coast classified Classifieds TREASURE TREASURE COAST COAST CLASSIFIED CLASSIFIED YMa Money ru..waw. NOBLE OF SALE IN THE CIRCUIT COURT OF THE JUoiteb LIFCUR N ANO FOR ST. LUCIE 051,0 66 -2012 -CA -003242 116 OF AMERICA, N A Plaintiff, RINAD DEEB: RNA° DEEB: ANY AND ALL UNKNOWN PARTIES CLAIMING BY. TANO AGAIHROUGH,NSTUNOER. THE HEREIN NAMED INDIVIC OANTSAL DEF 502 NOT KN WHO T ARE T KNOWN TO BE DEATDHEOR ATKNOWN PARTVCAIEENS S MAY CLAIM AN IN SE REST AS SPOSEES, HEIRS, DEVISEES, GRANT EES. OTHER CLAIMANTS. Dleneadn. NOTICE OF SALE NoncEw PEsEeo G IVa J Motion 'o Cancel Fra 491y sale e e Jr^ dd 2-CA0ree 667 M1ti -CA --00334324 2 0l e Circui[ nch Coun Ci.ma 31 me ir., iJudi 'al in dna lar SL Lucie County, Flonda, wherein the Clerk of the Circuit Coun ie ,) ll 1 the HnOgg:, :,eie L day weaiie htop^:llstlucie.clee 10 the followingde ntnetFi:al ixegmaln t, to ',rot: LOT 16, SBLOT.CK 1066 PORT LUCIE SECTION SEVEN. ACCORDING TO THE PLAT THEREOF, CORDED IN PLAT 21070107000 TIRE PUBLIC CIE COUN OF 6T. LUCIE COUN- TY, FLORIDA Any iron claiming rPiul elrtom tM1r sale, it tM1 a I atnstBrix Pe pro perry he dot. ena.nx dine tial wig sale. daY her II ypu arisabil M`whe `m3eati'ptr order to participam in this procyou are eed entitled, to itled, toIse provesIon of carte contact Carr erai�rS AOA Country Club Drive Fulcra, lFL Port St 1))21 8L -4370e a leas 1 e bvfora vror .meerfed darn •ivinon ye, i otiicarlon ir rte) day s len n hearingor gird call 711. 5ona3 SFBN 3636 9409 0010delphia Baltimore, 99MaAddrem Mznn MomelHardwickISM 5110 ENenlr vLLC ewe, ern. m3A Tampa, Fla idea H Cu (96045434500 11Sinboanduruns0 Puhlin October 8, TCSNi652591 Notice N° s hereby iti emne, h awrll be offered am saleeal (Public 61 (orid. Sell 1st I-0]3.391 S .8091 Space pace Stara2e an ? 16:1S Tlrh. 3011. +t :15 M1eaeautc4! Tri,"; ,ale will premymix.+ Ekon. 2S* Stonge Sten Lu 3]33 SW Sentt Soret. Part soven, Florida TAoma•Sauc 0460 Ganes Rtyms 20039 Leona Belay Atte NOTICE OF SALE Ekanome 5 II ape s reject all bids. i eo m:`e:i`ih i ba ale'by'CAeSH ONLY". All gardens remove„"immerd`iabe perhetTeu Saloirs vubjec[dv cancellation a e. Tha t any lire .1 cis xi a satisfy liens imposed E kanamy Sell Singe Inc PualeA: Octobe. 1, e, 3CN3651611 Notice 01 Public Sale Sale of porde to ,tis ty leenim e5 e]901- m.Un/'n. BBm Ja- on CAallyngn. Can tduae: ".7:7; be cit .ted la Thur:dady. October RM.Wei ry ngnr not to `seei unit So[ems. Safe ad Jennings Raad. 373] SE Jennings Rd, Pan Putbl aU. h NaFL na1011(14 TCN3651Md cirterson who dm erliontakenpa'IM: meetings s edvised need that peon a ,gene pro- eaaninBe I a uta"YBly pen d [oen r.a:1t 1 Vy.rmbm record of the pro- ceedings `vda"ed'e `ares id ouch R be meed.' Paul Wnk.11ohn Manager eh: October O. CN365N62 There's MUSIC M Classified Advertising! Find anything from 500462 to percussion. Treasure ast Classfri Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird, County Administrator DATE: October 15, 2014 SUBJECT: Discussion on Legislative Priorities It is requested that a discussion be held to establish a legislative priorities list for the 2015 Legislative Session. Attached is a draft list included to enable the discussion. Staff requests the Board of County Commissioners establish a legislative priority list for the 2015 Legislative Session. APPROVED AGENDA ITEM FO October 21, 2014 Indian River Co A.. .. ed Date Administrator efilF3 /p/� /Legal k0A9I/1 151 ➢ Legislative Priorities (2015 Legislative Session) o Sale of City of Vero Beach Electric to Florida Power & Light o Indian River Lagoon • North County Septic to Se Conversion • Oyster Bed Project • Canal Water to Wes .: ;- gional to Water Treatment Plant • Alternative Water .ly Feasibility dy o All Aboard Florida o Florida State S� Chapter '�� ��`Utility Servi Areas F o Community Red :��� r� a nt Ag es — allow a % of increase to be kept '�� Gene Fund for Law Enfor� 1�� ,.. nd E �'� - a �� ices �'j tivities covered in C o Coun 5 elated Functions - Requirement penses hme r Depa ""' ent of Juvenile Justice o Reimb Overchar port zo rity F v A Indi oun a modification to Canaveral Port gn Trade Zone 136 to include areas located in ounty Draft 2015 Legislative Priorities 152 COMMUNITY DENT ELOP;1IENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A Baird; County Administrator FROM: DATE: Stan Boling, AICP; October 8, 2014 mmunity Development Director SUBJECT: Consideration of Meeting Dates for Proposed Medical Marijuana Treatment Center Amendments to the County's Land Development Regulations (LDRs) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 21, 2014. BACKGROUND On September 23, 2014, the Board of County Commissioners (Board) directed the County Attorney to coordinate with staff and prepare two ordinances to regulate medical marijuana dispensaries (`treatment centers"). The Board, like several other local governments in Florida (including Vero Beach), determined that such ordinances should be enacted expeditiously in the event that medical marijuana is approved via the November 4th constitutional amendment and is made legal under state rules that might be adopted soon after passage of the amendment. In response, the County Attorney coordinated with Community Development staff and prepared a Chapter 315 County Code Amendment to incorporate medical marijuana regulations into the County's pain management clinic regulations. Those code changes will be considered by the Board at its October 21 meeting. Concurrent with the effort to change Chapter 315, Community Development has initiated an LDR amendment that closely tracks the City of Vero Beach's recently proposed medical marijuana zoning regulations. County staff has performed research, drafted regulations, and scheduled a required public hearing for the October 23, 2014 Planning and Zoning Commission (PZC) meeting. After the PZC hearing, the Board may consider the LDR amendment at public hearings. Because the proposed amendment will change the actual list of conditional uses in a zoning district, Florida Statutes Chapter 125.66 requires that the Board hold two hearings on the proposed LDR amendment, and those hearings must be held at least 10 days apart. Florida Statutes also provide that one hearing be held after 5:00 p.m., while the other hearing may be held before 5:00 p.m. (e.g. regular Board meeting time). The statutes also state that, with 4 or 5 positive votes, the Board may vote to hold both LDR hearings before 5:00 p.m., such as at regular Tuesday morning Board meetings. 153 F:\Community Development\CurDev\BCC\2014 BCC\LDR hearing date approval - medical marijuana.docx To proceed with the review and approval process for the subject LDR amendment, the Board must now set dates and times for the required two public hearings. ANALYSIS: In the past, the Board has usually decided to have an evening meeting by holding the second hearing at 5:01 pm, a special evening meeting. The Board has normally opted to hold a 5:01 p.m. hearing even though it has the ability to hold both hearings during regular Tuesday morning meetings if approved by 4 or 5 votes. One set of hearing dates which would comply with state hearing and advertising requirements and provide for a 5:01 p.m. hearing is as follows: Hearing Date Time Meeting #1 Regular Meeting Tuesday, November 4, 2014 9:05 a.m. Meeting #2 Special Meeting Tuesday, November 18, 2014 5:01 p.m. Staff has confirmed that the chambers are available at 5:00 pm on November 18. The Board may establish any other dates that meet state requirements. RECOMMENDATION: Staff recommends that the Board concur with the proposed hearing dates or set other hearing dates to consider the proposed LDR amendment. ATTACHMENTS: None APPROVED AGENDA ITEM: FOR: October 21, 2014 BY: 1 Indian River Co, A..t .roved Date Admin. (0Mai19 Legal % 9 D �(,v1 Budget i1 10 13 14 Dept. %f�i 1 ° 1 `(/)1 Risk Mgr. F:\Community Development\CurDev\BCC\2014 BCC\LDR hearing date approval - medical marijuana.docx 2 154 INDIAN RIVER COUNTY PUBLIC WORKS DEPARTMENT STORMWATER DIVISION 1801 27th STREET VERO BEACH, FLORIDA 32960 Phone: (772) 226-1562 Departmental TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director6" viiu And W. Keith McCully, P.E., Stormwater Engineer FROM: Alexis Thomas, Stormwater Educator and Fertilizer Enforcement Officer SUBJECT: Fertilizer Compliance Update—Collective fertilizer inventory research taken from retail stores in Indian River County DATE: October 7, 2014 BACKGROUND AND ANALYSIS The Fertilizer and Landscape Management Ordinance No. 2013-014 was approved by County Commissioners in August, 2013. This ordinance required that between Oct 1St and May 30th, only fertilizer containing 50% slow release nitrogen and 0% phosphorous was to be used. At the start of the first fertilizer ban, June 1, 2014, fertilizer containing any nitrogen or phosphorous was not to be used. These restrictions were implemented to reduce nutrient loads to the Indian River Lagoon. To determine the ability for citizens to comply with this ordinance, an inventory of turf fertilizer products sold by local retail stores was collected in April, 2014. The results were discouraging. Only a few fertilizer products offered for sale were in compliance. As a result, staff made an effort to educate local retail stores on the new ordinance and encouraged them to stock products that are in compliance with the County's fertilizer ordinance. The inventory was conducted once again in September, 2014 to determine if compliant fertilizer products were available before the fertilizer ban ended on September 30th. Based on our survey, the County's fertilizer ordinance has definitely made an impact. Within the past six months almost twice as many compliant products are now available. Staff anticipates that over time, more compliant products will be available and non-compliant products will be phased out. A Power Point presentation and summary of staff's survey have also been prepared. 155 Page Two Agenda Item: Fertilizer Compliance Update For October 21, 2014 FUNDING There is no funding associated with this item. ATTACHMENTS Fertilizer Compliance Power Point Finding Fertilizer Compliance within IRC Report APPROVED AGENDA ITEM FOR: October 21, 2014 Indian River County App;1ved Date Administrator : ldf/ J� Budget � � �d ! Legal I ! , 10" -ft/ Public Works i oN<<j% Stormwater Engineering ���T vb N -Q-20/4 156 a) >, -1.-) "C) a 0 L a) 5 V •> •••-• = ez ka) O � V .^ ir :47) September 2014: VI 4J -v "0 'c .0 p H C Rf 4..J �� �▪ °' (c3 on ^E6 E•F) a..;cs •3om '� °' 3� 3o E c a..,' c_a 49a)u coc v.,4- o�� cn On N 'v }, ✓ 4 a m_ o v u >cuin- o4E `uu.a'c sz>,= w L E J v uu -= {-'•y a g o . a'a°u • (0.E • CU o o. • 0 0. 158 s.+ co RS R7 E y E E =303 3 e..„ as as N N N N0 es 03 E E U 0 0 0 0 0 O O O O O Tx Q J 2 J J J J J J J J 3 0 3 LA LA to {0 LA if LA U l!! l 0000 O 000 00 <Y 'Q' u7 0000 1."' Ili tl1 LA 0 0 9 7 0 O O O O O .O so 9 0 0 Ot u1 u1 N 00 N N NO OLA O O 50 Watmart EE on co �"' N N 33 m CO P C 1- 11 2 O O O O C• O O ti' O u1 O. 00 M m Co O CD CU N '0L 0 -p Q) C p C U N 2 6 = QJ >+ a., cn pricy H a 3 E c,^ c E �N 2vcac�o U O it C p i ci. on Q) col p p Lp 0 ' >` it V f6 U L N ,0 "0 c= s M L c a^ c O t t- c • +� o -v i O p L H ° . ° • aE c a= 159 Finding Fertilizer Compliance within Local IRC Retail Stores APRIL 3, 2014: UPDATED SEPTEMBER 23, 2014 ALEXIS THOMAS STORMWATER DIVISION 160 Finding Fertilizer Compliance within Local IRC Retail Stores By Alexis Thomas: IRC Stormwater Educator and Fertilizer Enforcement Officer April 3, 2014: UPDATED September 23, 2014 Introduction: In order to comply with the fertilizer and landscape management ordinance decreed by Indian River County, home -owners and local companies must be able to purchase fertilizer in compliance. It is hypothesized that these groups will purchase fertilizer from local stores out of convenience. But how easy is it to actually find compliant fertilizers containing zero phosphorous and at least 50% slow release nitrogen? The task of this project is to determine which stores offer fertilizers in compliance and which stores are promoting the adherence of the ordinance. The first store inventory check was completed in April 2014 before the start of the fertilizer ban to determine if the stores were aware of the ordinance and how much product was in compliance. After thoroughly educating the stores, the second inventory check was taken in September 2014 just before the ban ended, when customers would flock to purchase fertilizer. This report will determine if the stores have brought in more product in compliance for the public and where these products can be found. Process: The most popular stores for purchasing fertilizer in IRC include Home Depot, Lowes, Walmart, and Ace Hardware. I went to each of these stores along with local nurseries including Busy Bee, Rock City Gardens, Beech Annuals, and Orchid Botanicals; each of which also sell fertilizer. Fertilizers for trees, shrubs, and gardens were not documented. Mineral supplements were also not documented, though I'd like to make note that during the summer ban these are great products to use in replacement of fertilizers. The data collected for Rock City Gardens, Beech Annuals, and Orchid Island Botanicals are not recorded in this report because the fertilizer that they sold is focused on potted plants, trees, and gardens; all which are exempt from the ordinance. When looking for the fertilizers in compliance, I took pictures of every bag of turf grass fertilizer including a front picture of the name and N -P -K content, and a picture of the back Guaranteed Analysis section stating the slow release nitrogen content. For example: 161 All products recorded were then documented in excel by store, name, N -P -K content, and %SRN (percent slow release nitrogen). The %SRN is determined by the Guaranteed Analysis SRN units divided by the total nitrogen content, multiplied by 100. So the above example would be recorded as 12 SRN units divided by 24 total nitrogen units, multiplied by 100 equals 50% slow release nitrogen. This bag also contains zero phosphorous and is therefore in compliance. Data Collected September 2014: ^ represents a product in compliance Store ACE on Oslo A Fertilizer Content %SRN Ace Green Turf Lawn Fertilizer 30-0-3 20 Ace Green Turf W&F for Southern Lawns 20-0-10 25 Rite Green Lawn Fertilizer 16-0-8 0 Milorganite 5-2-0 60 Scotts Turf Builder W&F 28-0-3 27 Scotts Turf Builder Southern Lawn Food 32-0-10 33 Scotts Turf Builder Florida Lawn Food 28-0-14 50 Scotts Turf Builder Bonus S Southern W&F 29-0-10 30 Home Depot Vero Scotts Turf Builder Bonus S Southern W&F 28-0-14 50 Vigoro Southern W&F 29-0-3 25 Vigoro W&F for Bahia & Mixed Lawns 28-0-3 16 Scotts Natural Lawn Food 11-2-2 91 " Scotts Turf Builder Florida Lawn Food 28-0-14 50 Scotts Turf Builder Winterguard Fall Lawn Food 32-0-10 21 Vigoro Lawn Fertilizer 29-0-4 25 Scotts SnapPac Lawn Fertilizer 26-0-4 22 Scotts SnapPac Fall Lawn Food 28-0-12 22 Scotts SnapPac Southern W&F 32-0-4 30 Scotts Green Max Lawn Food 26-0-2 23 Scotts Turf Builder Starter 24-25-4 26 Vigoro Super Green Lawn Fertilizer 35-0-5 34 Scotts Turf Builder with Summerguard 20-0-8 15 Lesco Turf Fertilizer 16-4-8 23 Lesco Weed & Feed 17-0-7 27 Lesco Turf Fertilizer 26-2-11 45 All South Brand All Purpose Fertilizer 10-10-10 60 Milorganite 5-2-0 60 162 Lowes Sta-Green Phos. Free Lawn Fertilizer 29-0-5 23 ^ Sta-Green Southern W&F 20-0-5 50 ^ Scotts Turf Builder Florida Lawn Food 28-0-14 50 Scotts Turf Builder Winterguard Fall Lawn Food 32-0-10 21 ^ Scotts Bonus S Florida W&F 28-0-14 50 Scotts SnapPac Lawn Fertilizer 26-0-4 22 Scotts SnapPac Fall Lawn Food 28-0-12 22 Scotts Turf Builder Starter 24-24-4 24 Scotts Green Max Lawn Food 26-0-2 23 ^ TurfGro Professional Turf Fertilizer 16-0-8 50 ^ TurfGro Professional Weed and Feed 16-0-8 50 ^ TurfGro Professional Turf Fertilizer 24-0-11 50 ^ Sunniland Bahia W&F 20-0-6 50 ^ Sunniland St. Augustine W&F 20-0-6 50 Milorganite 5-2-0 60 Scotts Turf Builder with Summerguard 20-0-8 15 Sta-Green Winterized Lawn Fertilizer 20-0-14 22 TurfGro Professional Turf Fert. with Insect ^ Control 15-0-15 50 Walmart Vero A A A A A A A Home Depot SEB A Milorganite 5-2-0 60 RiteGreen Bahia W&F 17-0-6 41 Sunniland St. Augustine W&F 20-0-6 50 Earthgro Cow Manure and Organic Compost 0.5-0.5-0.5 80 Black Kow Composted Cow Manure 0.5-0.5-0.5 80 Scotts SnapPac Southern W&F 32-0-4 30 Scotts SnapPac Lawn Fertilizer 26-0-4 22 Expert Lawn Fertilizer 29-0-4 15 Pennington UltraGreen Lawn Fertilizer 34-0-4 50 Expert Southern W&F (Centipede & St. Augustine) 23-0-4 12 Pennington UltraGreen Southern W&F 30-0-4 50 Scotts Turf Builder Florida Lawn Food 28-0-14 50 Scotts Bonus S Florida W&F 28-0-14 50 Scotts Turf Builder Winterguard Fall Fertilizer 32-0-10 20 Scotts Bonus S Florida W&F 28-0-14 50 Vigoro Southern W&F 29-0-3 25 Scotts Green Max Lawn Food 26-0-2 23 163 A Walmart SEB Scotts Turf Builder Winterguard Fall Fertilizer 32-0-10 20 Scotts Natural Lawn Food 11-2-2 91 Vigoro W&F for Bahia & Mixed Lawns 28-0-3 16 Scotts Turf Builder Starter 24-25-4 26 Vigoro Starter Fertilizer 20-27-5 21 Scotts SnapPac Lawn Fertilizer 26-0-4 22 Scotts SnapPac Fall Lawn Food 28-0-12 22 Scotts SnapPac Southern W&F 32-0-4 30 Scotts Turf Builder Florida Lawn Food 28-0-14 50 Vigoro Lawn Fertilizer 29-0-4 25 Vigoro Super Green Lawn Fertilizer 35-0-5 34 Scotts Turf Builder with Summerguard 20-0-8 15 Milorganite 5-2-0 60 All South Brand All Purpose Fertilizer 10-10-10 40 Lesco Professional Turf Fertilizer 26-2-11 45 Lesco Professional Turf Fertilizer- 16-4-8 23 Lesco St. Augustine W&F 17-0-7 27 Milorganite 5-2-0 60 " Pennington UltraGreen Southern W&F 30-0-4 50 RiteGreen Fertilizer 8-0-8 0 " Timberline Cow Manure & Compost .05-.05-.05 80 Black Kow Composted Cow Manure 0.5-0.5-0.5 80 Busy Bee A A Busy Bee Fertilizer 4-6-8 0 Busy Bee Organic Fertilizer 6-6-6 20 Busy Bee Granular Blend Fertilizer 10-10-10 0 Busy Bee Fertilizer 16-0-8 0 Espoma Organic Lawn Food 9-0-0 84 Milorganite 5-2-0 60 Espoma Organic Lawn Food Summer Revitalizer 8-0-0 84 164 Data Collected April 2014: Store Fertilizer Content %SRN Lowes Scotts Turf Builder Bonus S* 29-0-10 30 Scotts Turf Builder Southern Lawn Food* 32-0-10 33 Scotts Green Max* 26-0-2 22.7 ^ Sunniland Bahia Weed & Feed* 20-0-6 50 Sta-Green Southern Weed & Feed 20-0-5 ? Scotts Snap Pack Southern Weed & Feed 32-0-4 30 Scotts Snap Pack Fall Lawn Food 28-0-12 22 Rite Green: Tree, Shrub, and Garden 6-6-6 100 ^ TurfGro Pro Turf Fertilizer 16-0-8 50 ^ TurfGro Weed & Feed 16-0-8 50 ^ TurfGro Pro Turf Fertilizer 24-0-11 50 Milorganite 5-2-0 60 TurfGro Pro Turf Fertilizer with Insect " Control 15-0-15 50 Sta-Green Lawn Fertilizer 29-0-5 24 Home Depot Scotts Turf Builder Southern Lawn Food* 32-0-10 33 Scotts Turf Builder Bonus S* 29-0-10 30 Milorganite* 5-2-0 60 Vigoro Lawn Fertilizer 29-0-4 25 Vigoro Southern Weed & Feed 29-0-4 25 Scotts Natural Lawn Food 11-2-2 91 Rite Green: Tree, Shrub, and Garden 6-6-6 100 Vigoro Super Green 35-0-5 34 Lesco Turf Fertilizer 16-4-8 23 Lesco Pro Turf Fertilizer 26-2-11 45 All South Brand All Purpose Fert 10-10-10 69 Lesco St. Augustine Weed & Feed 17-0-7 ? Walmart Rite Green: Tree, Shrub, and Garden* 6-6-6 100 ^ Sunniland St. Augustine Weed & Feed* 20-0-6 50 ^ Rite Green: Lawn & Garden Fert* 8-0-8 100 Scotts Turf Builder Southern Lawn Food* 32-0-10 33 Scotts Turf Builder Bonus S* 29-0-10 30 Expert Southern Weed & Feed 23-0-4 0.12 Expert Lawn Fertilizer 29-0-4 15 ^ Pennington UltraGreen Lawn Fert. 34-0-4 50 Ace ^ Scotts Turf Builder FI Lawn Food* 28-0-14 50 Scotts Turf Builder Bonus S* 29-0-10 30 165 Scotts Turf Builder Weed & Feed* 23-0-3 33 Scotts Turf Builder Southern Lawn Food 32-0-10 33 Milorganite 5-2-0 60 Rite Green: Tree, Shrub, and Garden 6-6-6 100 Rite Green: Phosphate free 16-0-8 ? Ace Green Turf Weed & Feed 20-0-10 25 Ace Green Turf Lawn Fertilizer 30-0-3 20 Busy Bee Milorganite 5-2-0 60 ^ Espoma Organic Lawn Food 9-0-0 85 many more brands. No more P free Walmart SEB Expert Lawn Fertilizer 29-0-4 15 ^ Rite Green: Lawn & Garden Fert 8-0-8 100 ^ Rite Green: Lawn & Garden Fert 10-0-10 100 Green Care Weed & Feed 12-0-6 ? ^ Pennington UltraGreen Lawn Fert. 34-0-4 50 Expert Southern Weed & Feed 23-0-4 0.12 ^ Sunniland Bahia Weed & Feed* 20-0-6 50 Rite Green: St. Augustine Weed & Feed 14-0-6 0 ^ compliant *promoted at store front 166 Results: Products in Compliance Information Content %SRN Found Scotts Turf Builder Florida Lawn Food 28-0-14 50 ACE, Home Depot, Lowes, Walmart Scotts Turf Builder Bonus S Southern W&F 28-0-14 50 Home Depot, Lowes, Walmart Sta-Green Southern W&F 20-0-5 50 Lowes TurfGro Professional Turf Fertilizer 16-0-8 50 Lowes TurfGro Professional Weed and Feed 16-0-8 50 Lowes TurfGro Professional Turf Fertilizer 24-0-11 50 Lowes Sunniland Bahia W&F 20-0-6 50 Lowes Sunniland St. Augustine W&F 20-0-6 50 Lowes, Walmart TurfGro Professional Turf Fert. with Insect Control 15-0-15 50 Lowes Earthgro Cow Manure and Organic Compost 0.5-0.5-0.5 80 Walmart Black Kow Composted Cow Manure 0.5-0.5-0.5 80 Walmart Pennington UltraGreen Lawn Fertilizer 34-0-4 50 Walmart Pennington UltraGreen Southern W&F 30-0-4 50 Walmart Timberline Cow Manure & Compost .05-.05-.05 80 Walmart Espoma Organic Lawn Food 9-0-0 84 Busy Bee Espoma Organic Lawn Food Summer Revitalizer 8-0-0 84 Busy Bee September 2014 Store # of Compliant Products Total # of Sampled Products % of Products in Compliance Lowes 9 18 50% Home Depot- Vero 2 19 11% Home Depot- Seb. 2 20 10% Walmart- Vero 7 14 50% Ace Hardware 1 8 13% Walmart- Seb. 3 5 60% April 2014 Store # of Compliant Products Total # of Sampled Products % of Products in Compliance Lowes 5 14 36% Home Depot 0 12 0% Walmart- Vero 3 8 38% Ace Hardware 1 9 11% Walmart- Seb. 4 8 50% 167 Conclusion: After thorough examination, it was apparent that the local retail stores were not ready for this ordinance by April and had not ordered enough product in compliance for the amount of people they should be targeting. Walmart was the only store that actively promoted the fertilizers in compliance and also offered the most compliant products in comparison to their total number of fertilizers sold. Lowes had a decent percentage of products in compliance in April, however 1 found that most of the compliant fertilizers were located in the back of the aisle, not promoted, and less likely to be found. Home Depot had zero fertilizers in compliance in April and even the employees were surprised. I did not record Home Depot twice for Vero and Sebastian because their product lines were the same and after talking to employees, neither store had any in compliance. Both Ace Hardware and Busy Bee may have only had one bag in compliance, however their store managers were already very informed of the ordinance unlike the other stores and mentioned they were currently ordering more compliant products, complaining that there were not many on the market. This brought to my attention the fact that all of the store managers needed to be more informed and therefore more prepared. I compiled a packet that included a letter explaining the ordinance encouraging them to order more in -compliant products (including a list of the products I found in compliance), a copy of the ordinance itself, and a brochure on the Green Industries Best Management Practices course that landscapers are required to take in case they wanted to be more educated on the matter. I personally delivered these packets explaining that citizens are going to be asking them questions regarding the ordinance and which products they are allowed to use. The stores need to be aware and have all their employees well informed. I did make sure to emphasize I am not enforcing their store or their products sold, nor would I be in the future, this is purely to help keep citizens in compliance with the County law and protect the Indian River Lagoon. Completing this same research again in September proved worthwhile. The stores had greatly increased their number of compliant fertilizer products across the board. By educating the store managers in April, there were double the amount of compliant products to be found. The most impressive stores were Lowes and Walmart, each of which had at least 50 percent of their products in compliance. ACE Hardware had remained the same statistically but they were the only store to have put a sign out indicating which product was in compliance. Busy Bee also remained the same statistically but their product had almost completely changed. They now had their own brand of fertilizer, none of which were in compliance. Home Depot in April had no products that were in compliance and in September they had increased to 2. They remain the store having the lowest percentage of products in compliance with only 10%. As Home Depot currently has more fertilizer product than any other store, they need to become much more compliant, 10% is not enough. Since this research, I have been determined to simplify the hunt for compliant fertilizers for the home owners and local businesses within the County. I compiled a list of the compliant products and have it posted on the government Stormwater website, not as an exclusive list of products, but as a helpful tool for those who cannot find any compliant product on their own. This is also listed with directions for the calculation of determining the percent of slow release nitrogen. 168 It would also save a lot of confusion for customers if each store had a sign depicting which fertilizer products they sold were in compliance and/or the percent of slow release nitrogen content per product, such as ACE Hardware now has on display. All of the municipalities in Indian River County are on board with the stricter fertilizer ordinance mandating 50% slow release nitrogen from October through May, or are at the very least highly encouraging it, therefore any fertilizer not in compliance should not be sold. Hopefully as time goes by, these products will be removed from the shelves and only compliant products will exist. It is encouraging to see the effort the retail stores of Indian River County have made adding more compliant product to their stores to help citizens abide by the Fertilizer Ordinance, but I urge each store to continue to do more for the compliance of this ordinance and join together to protect the Indian River Lagoon. 169 >i% 4--) O a) 'zi) V •� rcs Q V .c -E a) :it' N• .• • a) (0•Lc•Zop 12 I. X69.1 September 2014: O N a -p i f� .4J Q5 Q U 05 - � > o Ca N U O c� c NQ)c� �C— SZU.-. 4- 0 V) Ong▪ �, O C O v ' u ro .+N-+ L 4-' N > O U — D �' *cn 0- N O • N O a • O a �� 9•Z TO: FROM: SUBJECT: DATE: INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM Joseph A. Baird, County Administrator Christopher R. Mora, P.E., Public Works Director Oslo Boat Ramp October 15, 2014 PUBLIC WORKS / DEPARTMENTAL DESCRIPTION AND CONDITIONS At the October 7, 2014 Board meeting, Commissioners held a public discussion on the Oslo Boat Ramp project. The County has proposed to improve the boat ramp facility by paving the entrance road and parking lot, and removing muck from the existing channel. On October 7th, a motion was made to delay the boat ramp improvements by three to five years, however Commissioners agreed to delay a vote on the motion until either the regular BCC meeting of October 21st or a special call meeting to be held before October 31st At the regular BCC meeting of October 21st, Commissioners are now scheduled to vote on the motion. APPROVED AGENDA ITEM FOR 10-21-2014 Indian River Coun Administration Coun AttorneMal I In I A • • roved Date MAIM ICE EVIS Public Works Engineering lin -70 N -v 0 N O Qi -0 LC c 0 CO 'o la)O 05 C O cn L_ C_, N �, ,, N v 0 Q )C al Q) p a o 3 E �-' c -I-, L L ( V Csy - O 0 C D _C = " C Q LI__ 173O O 2 • _0 •■ 0 • a_E C a October 21, 2014 Chairman Peter O'Bryan Indian River County Commission Dear Commissioners: To some people's surprise, we have very stringent environmental laws in effect by our state and federal government. These laws did not just happen by accident, they were pushed by a lot of good people and insisted on by the environmental community; therefore, they are fully aware of the rules that all government agencies must live by. To date, the Indian River County Commission and Staff has gone through numerous changes and recommendations trying to cure the pollution problem at the Oslo Boat Ramp in order to have a small boat facility that can be used at low tide by everyone. To date, the Oslo Ramp Improvement Project has received an OK from the Department of Environmental Protection, The Florida Fish and Wild Life Commission, The US Fish and Wild Life, St. John's Water Management District, Indian River County Engineers and Environmental Consultants, and waiting for a positive response from the US Army Corp of Engineers after having received an approval from an Administrative Law Judge. The reason for naming each of these agencies and the Judge is to emphasize that if any one of this group stated that the County was endangering the lagoon, they would stop the project. They all operate by stringent state and federal laws and they do not have the luxury of skirting or changing the laws, only working with the County to make sure that what they approve will be a benefit to the environment. That is exactly what we have here — all of these agencies are of one accord in that the Oslo Project will not do anything to harm the Lagoon - unlike many people, whether they are experts or not, that have been testifying before you, that will state that the Project may hurt, or might hurt, or could hurt. These agencies have no choice, but to follow the law and the Judge has ruled that they have done exactly that. I find it quite amusing that Commissioner Flescher wanted to take a ride on the Lagoon to see for himself whether or not any muck or silt needed to be removed from the Lagoon. According to the pictures in the paper, he viewed this at high tide. High tide has never been a problem — low tide is the problem; and, some of the experts that have come before you worked for the state agencies at one time that enforced the very rules that they are attempting to play down now. Were they kidding us when they worked for us or are they kidding us now? Commissioners, you have done a good job —this needs to be voted on to move forward and you can decide about your funding today or another date; but, a positive vote for the Oslo Project would mean that you have something to revisit at another date. A negative vote, would in essence, kill this forever! I ask you to consider the expertise of these agencies in making their decisions and that of the Administrative Judge for hearing the case and upholding the law. Thank you for your time and your positive consideration concerning this matter. Sincerely, Peter D. O'Bryan From: Gary Rhinehart <captgaryr@yahoo.com> Sent: Monday, October 20, 2014 9:52 PM To: Peter D. O'Bryan Subject: Oslo boat ramp Attachments: Commision Letter.docx Commissioner O'Bryan I was wondering if you would kindly read the attached letter at the county commission meeting tomorrow. Thank You, Gary Rhinehart 1 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 13, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service . Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager 46 Subject: North Sebastian Sewer Design —Commercial Area of Phase 1 DESCRIPTIONS AND CONDITIONS: On September 16th, 2014, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 7 with Masteller and Moler, Inc. (M&M) to provide professional services for design, permitting, preparation of construction plans and the Inter -local Agreement for North Sebastian Sewer and Water Main Design for the Commercial Area of Phase 1. On September 24, 2014, the City of Sebastian staff presented the Inter -local agreement to City Council. ANALYSIS/ENGINEERING: As part of the Inter -local agreement the cost of the design, permitting and the preparation of the construction plans were to be shared based on a 60/40 split, where 60% of the cost was to be borne by Indian River County and the remainder 40% to be paid by the City of Sebastian. The proposed 60/40 cost share was not well received by the City of Sebastian City Council at their regularly scheduled council meeting on September 24th. Staff from the Utility department as well as the design engineer were at the meeting to answer questions, but ultimately the City Council decided to table the matter pending more information. The outcome of the meeting lead the Utility Director to meet with four of the five council members, individually, to answer any specific concerns and to provide additional information. A subsequent City Council meeting was held on Wednesday October 8, 2014 at 6:30pm at the City of Sebastian City Hall. Council members were upset about the City's portion of the Design cost and portions of the proposed Inter -local agreement. The Utility Director and the Engineer were present to provide additional information and to listen to comments from the Council. The matter was listed as a "discussion only" item, therefore no City Council vote was taken. The consensus of the Council was that they were not in favor of any financial contribution for the design effort. County staff, having invested a tremendous amount of time and effort to date with City staff, the City Manager, the Engineer, and five (5) presentations in the City from the feasibility to the proposed project, a decision now needs to be made regarding the next steps. 171 Considering from and environmental standpoint, the project offers septic to sewer connections that will ultimately help prevent nutrients from septic systems entering the Indian River Lagoon. From an economic perspective the restrictions in place due to septic tank loadings have prevented many businesses from considering to operate along the US 1 corridor or certain areas within the City limits. The installation of a centralized system will alleviate these restrictions so that the commercial area properties can be developed without the septic tank constraints. The following options are offered for consideration: 1. Direct staff to terminate the project. No further action will be taken from staff. 2. Direct staff to work with the engineer to pull out the City of Sebastian portion of the project and thus concentrate on just the commercial area of Indian River County. 3. Direct staff to pull out the City of Sebastian portion of the project and direct staff to work with the engineer to renegotiate a new work order that encompasses the Indian River County Commercial areas and the residential areas in the un -incorporated portions of the County. 4. Direct staff to continue ahead with the original commercial areas both within the City of Sebastian and the Un -incorporated parts of the County with the full financial burden of the design effort paid for by the Utilities department. 5. Since the City Council did not make a formal decision at both meetings on whether to fund the design or not, direct staff to hold -off on moving to a design phase until the City of Sebastian City Council has made a formal decision at their regular meeting in November, 2014. Staff feels that option 4 keeps the project moving forward to a design phase. Having a completed set of bid -ready plans will improve the County's chances of securing grant funds during the application process. The estimated construction cost for the commercial area of Phase 1 centralized sewer system is approximately $1,967,394.70. Obtaining grant funds to help reduce the Targe capital costs will be critical in order to move the project to the construction phase. FINANCING/FUNDING: Funds for this project are derived from capital funding. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. ACCOUNT NO.: Description Account Number Amount N. Sebastian Sewer —Commercial Area of Phase I 472-169000-15501 $155,220.00 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP # 4101\3. North Sebastian (M&M)\Admin\Agenda - North Sebastian Sewer Design -Phase l -Revised 10-9-14.doc 172 RECOMMENDATION: Staff recommends approval of the attached Work Order No. 7 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Work Order No. 7 on their behalf for a sum amount of $ 152,220.00 to Masteller & Moler, Inc. ATTACHMENT(s): 1. Work Order No. 7 Gravity Sewer Project for North County/Sebastian Commercial Areas with Masteller & Moler, Inc., including Exhibit 1. APPROVED FOR AGENDA: By: eQr7,2 4 0,t S Jos ph A. Baird, County Administrator or: ainku k%,/� Date Indian River Co. Approved Date Administration 41V, i�l/la��t�- Legal Budget ,CM`- ef, Utilities',1', %Utilities -Finance ( F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - Sewer Feasibility Studies UCP # 4101\3. North Sebastian (M&M)\Admin\Agenda - North Sebastian Sewer Design -Phase I -Revised 10-9-14.doc 173 WORK ORDER NUMBER 7 GRAVITY SEWER PROJECT FOR NORTH COUNTY/SEBASTIAN COMMERCIAL AREAS This Work Order Number 7 is entered into as of this day of 201_, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011, (the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MASTELLER & MOLER, INC. ("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 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: MASTELLER & MOLER, INC. By:.�--( Title: President BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: fl �ep� h eBaird, County dministrator Approved as to form and legal sufficiency: ylan Reingold, County Attorney 174 MM File #1422 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Scope of Work) Project Description Masteller & Moler, Inc. (MM) is pleased to present you with Work Order #7 which provides professional engineering services for design and preparation of construction plans, and permitting applications covering the proposed sanitary sewer collection and conveyance project. The project covers the two (2) commercial areas which are part of Study Area #1 covered in the "Sanitary Sewer Feasibility Study and Report for the North Sebastian Area prepared by Masteller Moler Inc. and dated November 2013. The feasibility study provided the preliminary design of a gravity sanitary sewer collection and conveyance system along with project cost estimates for Study Area #1. Several meetings have been held with the City of Sebastian Staff, the Indian River County Utilities Director, and Masteller & Moler, Inc. during which it was determined that the commercial areas of Study Area #1 should move forward with design, construction plans, and permitting. A project which is "bid ready" will have a greater probability of securing construction grant funding than a project only at the "study" phase. The two (2) commercial areas of Study Area #1 which will be included in this project are generally described as follows: • The commercial area in the unincorporated part of Indian River County along the east side of US Highway #1 from the Sebastian Cemetery north to Bay Street. • The commercial area in the City of Sebastian including North Central Avenue, Jackson Street, Madison Street and Davis Street. Indian River County and the City of Sebastian both recognize the numerous benefits to be gained by the construction of a sanitary sewer gravity collection and conveyance system in these two (2) commercial areas. One benefit of constructing a public sewer system is the elimination of numerous existing and future septic systems which result in pollution of the groundwater table and ultimately pollution of the Indian River Lagoon to the east. Also, in many cases these septic systems represent inconvenience and expense to the users due to their malfunction. The lack of public sewer prevents or limits the orderly growth of commercial development. Since both of these areas included in the project are designated for commercial development, the availability of public sanitary gravity sewer will facilitate the development of these areas. The accelerated commercial development growth will increase employment in the area and provide increased economic activity and stability in the north County and Sebastian area. A brief description of the scope of services for this Work Order is provided below: 175 Exhibit #1 (Scope of Work) WO # 7 08/25/2014 Sewer Design For N. Sebastian Area Page 2 File #1422 • Scope of Services Masteller & Moler, Inc. will complete the project design, prepare "bid ready" construction plans, and prepare permitting applications for this project. Our services will include obtaining field surveying services, and soils engineering services as necessary for design purposes. The project plans will follow the preliminary design provided in the "Sanitary Sewer Feasibility Study and Report for the North Sebastian Area" and utilize all existing information available to us from Indian River County Utilities and the City of Sebastian. Our services will include preparation of permit applications to FDEP, FDOT, and County/City Right-of-way Access in order to construct the project. Application fees are estimated at $1,750.00 for permits and are not included in our project fee. Communication will be maintained with Indian River County Utilities and the City of Sebastian staff during the execution of this project. The project will be bid as one (1) project but includes separate bid tabulations for the unincorporated and City of Sebastian project areas. This will allow better project control and minimize confusion between the two (2) government entities. The portion of the project in unincorporated Indian River County will consist of a gravity sanitary sewer collection system to be constructed along the east side of US Highway #1 from the north property line of the Sebastian Cemetery to the vicinity of Bay Street. A wastewater pumping station will be constructed on property to be acquired somewhere south of Roseland Road on the east side of US Highway #1. The sanitary sewer collection system will provide service to all of the existing and future commercial properties along the east side of US Highway #1. The estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (10) and (213), respectively. Also included is the addition of two (2) sections of water main, hydrants, and valves to complete the water system on the east side of US Highway #1. The preliminary estimated project cost for the unincorporated portion of the project, including engineering services and contingencies is shown on included "Attachment #1." The portion of the project in the City of Sebastian will consist of a gravity sanitary sewer collection system to be constructed in North Central Avenue from Jackson Street, south to the vicinity of US Highway #1 and a gravity sanitary collection system constructed in Jackson Street from US Highway #1 to North Central Avenue, Madison Street from US Highway #1 to North Central Avenue, and Davis Street from US Highway #1 to North Central Avenue. Gravity sewer will be extended east on Davis Street from North Central Avenue to serve two (2) connections on the north side of Davis Street. A wastewater pump station will be constructed at Davis Street and North Central. Lastly, south of the above-described area, three (3) Tots, two (2) of which are improved, along the east side of US Highway #1 will be served from the back with gravity sewer and a water main. The gravity sewer will be connected to the existing city -owned pump station adjacent to Crabby Bill's Fish House as shown in the study. The estimated number of parcels and Equivalent Residential Units (ERUs) which can connect to this portion of the project is (50) and (82), respectively. The preliminary estimated project cost for the City of Sebastian portion of the project including engineering services and contingencies is shown on the included "Attachment #2." The estimated total cost of this project is $2,125,000.00. A specific list of tasks and their brief description is presented as follows: 176 Exhibit #1 (Scope of Work) WO # 7 08/20/2014 Sewer Design For N. Sebastian Area Page 3 File #1422 Task A — Civil Engineering Services Masteller & Moler, Inc. will provide final design, prepare construction plans and permit applications for the project as described in the "Scope of Services" section of this proposal. Task B — Surveying Services Masteller, Moler & Taylor, Inc. will perform surveying services for the project as follows: 1) Project initiation, including review of existing deeds and surveys, files and field notes, preparation of work orders and field crew folders. 2) Find, recover and measure field ties into existing survey control along the route to establish the rights of way and baseline of survey. Tie Horizontal Control to Florida State Plane Coordinate System, Florida East Zone, NAD 83. 3) Find and recover existing vertical control. Elevations shall be based upon the North American Vertical Datum of 1988 (NAVD 88) with a conversion to the National Geodetic Vertical Datum of 1929 (NGVD 29) provided. Perform bench run and establish benchmarks along the survey corridor at maximum 1,000 foot intervals. 4) Field monument baseline control at maximum 1,000 foot intervals. Control points shall consist of iron rod and cap or nail and disk. Control points shall be designated on survey with station/offset and NAVD '88 elevation. 5) Field locate and record vertical ground elevations sufficient to generate a center line of road profile for the main corridor and side streets and all distinct locations (inverts, retention areas, swales, ditches etc.) and changes in contour along the right of way corridor. Obtain ground elevation on each property in center of lot if vacant or near existing septic location to the best of our abilities. If septic location not obtainable, obtain ground elevation near existing main building. 6) Field locate and record existing improvements and man-made features within the right of way, including but not limited to, roads, swales, driveways, culverts, signage and mailboxes, visible utilities, fences etc. within the existing Right -of -Way. 7) Field locate and identify limits of vegetation and trees, 4" or larger within the right of way limits. 8) Locate and obtain ground elevation at approximately (10) soil borings locations as determined by the engineer. 9) Process field data and determine limits of existing North Central Avenue, Davis Street, Madison Street, Jackson Street, U.S. Highway # 1 and Roseland Road right-of-ways. Prepare survey drawing in accordance with Minimum Technical Standards including cover sheet with location sketch, related title and project number, notes, legend, abbreviations and plan view sheets. Prepare final deliverables. 10) Research property description, deeds etc. for proposed easement and prepare one legal description and sketch as applicable. Location to be determined by the engineer. 177 Exhibit #1 (Scope of Work) WO # 7 08/25/2014 Sewer Design For N. Sebastian Area Page 4 File #1422 Task C — Soils Engineering Services KSM will perform soil engineering services for the project as follows: Perform fifteen (15) soil borings, twelve (12) to a depth of 10', one (1) to a depth of 15' and two (2) to a depth of 25' below existing grade in order to classify the soils in accordance with the unified soil classification system and specify the groundwater water table and normal estimated seasonal high groundwater table at each location. The locations will be as indicated on the aerial provided by Masteller & Moler, Inc. 178 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Fee Schedule) Method and Amount of Compensation Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the following lump sum fees: 1. Prime Consultants Fee • Task A - Primary Consulting Engineering Services by Masteller & Moler, Inc. $ 128,320.00 2. Sub -Consultants Fees • Task B - Surveying Services by Masteller, Moler & Taylor, Inc. (No Administration Multiplier) $ 17,300.00 • Task C - Soils Engineering Services by KSM (4,000.00 x 1.15) $ 4,600.00 3. Reimbursables Expenses: • Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed -Ex, etc. (See below for actual costs) $ 5,000.00 est. Note: est. = estimated amount. Actual cost will vary depending on quantity provided. Printing and Reproduction, Mail and Delivery The County shall make direct payment to our office for the cost of printing project plan sheets required for utility coordination and for copies of reports, drawings, specification, and other pertinent items required by federal, state, and local agencies from whom approval of the project must be obtained, material suppliers, and other interested parties, but may charge only for the actual cost of providing such copies based on EXHIBIT "2" - CONSULTANT'S BILLING RATE of the "Master Agreement" as follows: Letter 8%"x11" $0.25 Legal 8W x 14" $ 0.35 Oversized 11" x 17" $ 0.50 Black Line Plans 24" x 36" $ 1.00 Mylar 24" x 36" $ 4.00 The County shall make direct payment to our office for the actual cost of mail, Fed -Ex, or similar costs for delivery of plans and documents to jurisdictional agencies, contractors, etc. Application Fees are to be paid directly to jurisdictional agencies. 179 August 25, 2014 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" WORK ORDER NO.7 (Time Schedule) Time of Performance The estimated time frame for completion of services from the approval of this Work Order is as follows: MILESTONE COMPLETION DATE Tasks A, B, and C 120 Calendar Days after Notice To Proceed Note: The time for completion of the 60% design drawings, permit applications and Engineer's Opinion of Probable Construction Cost for the project shall be three (3) months from notice to proceed. Once permits are received, 100% design drawings shall be completed in thirty (30) calendar days thereafter. 180 WORK ORDER NO. 7 ATTACHMENT #1 Unincorporated Portion of Project U.S. #1: Gravity Sewer & Potable Water Item No. Item Description Quantity Unit of Measure Unit Price Total Price 1 Mobilization 1 LS $ 30,000.00 $ 30,000.00 2 Maintenance of Traffic 1 LS $ 15,000.00 $ 15,000.00 3 Stakeout Survey & As-builts 1 LS $ 20,000.00 $ 20,000.00 4 Standard Manholes 0'-6' 1 EA $ 3,900.00 $ 3,900.00 5 Standard Manholes 6'-8' 4 EA $ 4,500.00 $ 18,000.00 6 Standard Manholes 8'-10' 5 EA $ 5,100.00 $ 25,500.00 7 Standard Manholes 10'-12' 1 EA $ 5,600.00 $ 5,600.00 8 Pump Station #1 1 LS $ 164,000.00 $ 164,000.00 9 4" Dia. Force Main 1,175 LF $ 15.00 $ 17,625.00 10 Testing force main 1 LS $ 1,000.00 $ 1,000.00 11 10" PVC Sewer 0'-6' 615 LF $ 24.00 $ 14,760.00 12 10" PVC Sewer 6'-8' 1,590 LF $ 30.00 $ 47,700.00 13 10" PVC Sewer 8'-10' 2,025 LF $ 40.00 $ 81,000.00 14 10" PVC Sewer 10'-12' 310 LF $ 53.00 $ 16,430.00 15 Testing (TV of Mains) 4,540 LF $ 1.50 $ 6,810.00 16 8" Dia. Water Main 3,185 LF $ 19.00 $ 60,515.00 17 8" Gate Valve 4 EA $ 1,500.00 $ 6,000.00 18 Fire Hydrant Assembly 7 EA $ 3,100.00 $ 21,700.00 19 Dewatering 3,210 LF $ 8.00 $ 25,680.00 20 Single Lateral 19 EA $ 625.00 $ 11,875.00 21 Erosion & Sediment Control 1 LS $ 15,000.00 $ 15,000.00 22 Paved Restoration (Open Cut) 4,780 LF $ 50.00 $ 239,000.00 23 Sod 4,120 LF $ 4.00 $ 16,480.00 24 SUBTOTAL $ 863,575.00 25 Contingencies (15%) ( 1 LS 1 $ 129,536.25 $129,536.25 26 TOTAL ESTIMATED CONSTRUCTION COST $ 993,111.25 33 Eng. Design, Const. Plans & Permitting 1 LS $ 64,770.00 $ 64,770.00 34 Subconsultants- Surveying, Soils Eng. Fees 1 LS $ 12,525.00 $ 12,525.00 35 Reimbursables Estimate 1 LS $ 2,500.00 $ 2,500.00 36 TOTAL ESTIMATED PROJECT COST I $ 1,072,906.25 I USE - - - - $ 1,075,000.00 "Contingencies include easement acquisition, misc. construction items, etc. File #1422 (Bid Form_Revised_14-0822.xis / Tab-gravityusl ) HM 181 WORK ORDER NO. 7 ATTACHMENT #2 City of Sebastian Portion of Project Southern Portion of N. Central Ave., U.S. #1, Davis, Jackson, and Madison Streets: Gravity Sewer & Potable Water Item No. Item Description Quantity Unit of Measure Unit Price Total Price 1 Mobilization 1 LS $ 30,000.00 $ 30,000.00 2 Maintenance of Traffic 1 LS $ 15,000.00 $ 15,000.00 3 Stakeout Survey & As-builts 1 LS $ 15,000.00 $ 15,000.00 4 Standard Manholes 0'-6' 15 EA $ 3,900.00 $ 58,500.00 5 Standard Manholes 6'-8' 4 EA $ 4,500.00 $ 18,000.00 6 Standard Manholes 8'-10' 3 EA $ 5,100.00 $ 15,300.00 7 Pump Station #1 1 LS $ 164,000.00 $ 164,000.00 8 4" Dia. Force Main 665 LF $ 15.00 $ 9,975.00 9 Testing force main 1 LS $ 1,000.00 $ 1,000.00 10 8" PVC Sewer 0'-6' 2,310 LF $ 22.00 $ 50,820.00 11 8" PVC Sewer 6'-8' 1,105 LF $ 27.00 $ 29,835.00 12 8" PVC Sewer 8'-10' 580 LF $ 38.00 $ 22,040.00 13 10" PVC Sewer 0'-6' 975 LF $ 24.00 $ 23,400.00 14 10" PVC Sewer 6'-8' 680 LF $ 30.00 $ 20,400.00 15 Testing (TV of Mains) 5,650 LF $ 1.50 $ 8,475.00 16 4" Dia. PVC Water Main 480 LF $ 12.00 $ 5,760.00 17 4" Gate Valve 1 EA $ 925.00 $ 925.00 18 2" Blow -Off 1 EA $ 338.00 $ 338.00 19 Dewatering 1,910 LF $ 8.00 $ 15,280.00 20 Single Lateral 51 EA $ 625.00 $ 31,875.00 21 Erosion & Sediment Control 1 LS $ 15,000.00 $ 15,000.00 22 Paved Restoration (Open Cut) 5,850 LF $ 50.00 $ 292,500.00 23 Sod 945 LF $ 4.00 $ 3,780.00 24 SUBTOTAL $ 847,203.00 25 Contingencies (15%) I 1 LS 1 $ 127,080.45 $127,080.45 26 TOTAL ESTIMATED CONSTRUCTION COST $ 974,283.45 33 Eng. Design, Const. Plans & Permitting 1 LS $ 63,550.00 $ 63,550.00 34 Subconsultants- Surveying, Soils Eng. Fee 1 LS $ 9,375.00 $ 9,375.00 35 Reimbursables Estimate 1 LS $ 2,500.00 $ 2,500.00 36 TOTAL ESTIMATED PROJECT COST $ 1,049,708.45 IUSE - - - - $ 1,050,000.00 *Contingencies include easement acquisition, misc. construction items, etc. ILA! File #1422 (Bid Form_Revised_14-0822.xls / Tab-gravityncent) 182 Z 0 o¢ wf- OIYDN as LEGE NMI -.- 0 z 0 a a)or TOM d-1 0 .r o o� W oi `+=o iia .a jm� C Z O0 n d Q N v t=g NI ra F�\ L.(I 0 W O in 0N N F ^ i La N La In N U v 183 INDIAN RIVER DRIVE PROPOSEDWATERrASSESSMENT PROJECT SCENARIO EXHIBIT •Date: 10/7/2014 Document Path F \UhIties\UTILITY- Enpmeering\Projects- Assessment Projects\000Assessments- 2012 ProposedVR Dnve - Roseland Rd to Inlet at Sebastian Condos\Scenaro ExhibitRevson 000 EXISTING SEWER z w � 0 O_ a < 0 LJ w� � w cmn o . o CL aCLa O 00> CC a az a a as (0) INa@TAIlArA 01 PeliEDIg.n19 11M@. CONSULTING ENGINEERS c ©2014, MASTELLER & MOLER, INC O 0 Et. d O O J w ▪ c0 a = 0 W U • CO D m Z O c - Z a _ O > N I, Q cV N E H X O Q _ w 1- N \ < W LL. 0 W O O K r7 w� a co U r Ln L_ N ~ Ln -(7;1 a to n Lil 10.2_1•1 Cost Breakdown Between City of Sebastian & Indian River County N • 00 N I•-• m kci cr Li) Construction Cost Breakdown Construction 0 O U 993,111.25 City Of Sebastian Indian River County 155,220.00 $ 1,967,394.70 ra 0 H Engineers Breakdown on Design cost O 0 0 0 0 0 0 0 O O O O 0 0 0 0 O Lf) O tf) O Lf) O tf) N. N O al tit N O N to r� to m to �t V N N Ol m lT N tfj l0 .-I n l0 n Reimbursable Estimate I I ro ro 0 F- 1- 00 t0 C O O O. 02s 06 o0 cc_ r0 ro >' 0., 01 @ L1 0_ Z Q 4.+ O N Ct/1 t j 11-1 - O sr, U N rac r° .0 401,1 + �a v C 3 0) c o - 0 OID y4.6 u E . c a) U LU to CC Utilize a 60% IRC Share & 40% City of Sebastian, Total Design Cost w f6 U ▪ 0 E 0 0 U W m .+ al ri tf) c1- 0"; 0l e-1 N LO CO l0 U3 CO LO Cost Per ERU COS & IRC Combined = N VI - � 0 • ZI • ►'-1 l 183.3 County Attorney's Matters - B.C.C. 10.21.14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: FROM: DATE: SUBJECT: MEMORANDUM Board of County Commissioners Dylan Reingold, County Attorney October 13, 2014 All Aboard Florida Draft Environmental Impact Statement BACKGROUND. On June 10, 2014, the Board of County Commissioners (the "Board") directed the County Attorney to report back to the Board with an executive summary on the proposed All Aboard Florida passenger rail project (Project) Draft Environmental Impact Statement (DEIS) after its release. The DEIS was released on Friday, September 19, 2014. Comments on the DEIS are due to the Federal Railroad Administration by December 3, 2014. Since the release of the DEIS, the County Attorney's Office has assembled a team to review the DEIS consisting of outside counsel, Kevin Healy, with the law firm of Bryan Cave LLP, outside consultant Jill Grimaldi, Principal Scientist, and her firm CDM Smith, and the Community Development Department and the Public Works Department. The County Attorney's Office has also been in communication with Stephen Ryan, with the law firm of McDermott Will & Emery LLP, representing the group Citizens Against Rail Expansion (CARE FL), and Ruth Stanbridge, County Historian. The team is currently engaged in a careful review and analysis of the DEIS. Based on the preliminary review that has been completed thus far, a number of potential deficiencies, raising issues that are fundamental to the preparation of an adequate EIS, have been identified. Set forth below is a brief summary of those issues. The team will continue the investigation into these issues, and others that may come to light in the course of the work, in the coming weeks. Approved for October 21, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F: UnomrylDylanWYNDOCS4118717/9-v1-IRC_ _Mmno io_Board Re DFJS doc Indian River Co. Appro ed Date Admin. i p% �, t'f Co. Atty. 1,l '+� Budget :40l p I 4 Department (t /if Risk Management --- --- 184 Board of County Commissioners October 13, 2014 Page Two General: • Cumulative and Secondary Impacts — Whether the DEIS adequately examines the cumulative impacts and secondary impacts of All Aboard Florida in combination with certain other related projects, including, for example: (a) Tri -Rail Coastal Link between Miami and Jupiter, (b) the proposed real estate development associated with All Aboard Florida, and (c) the Project sponsor's use of over 250 acres of land in Brevard County. • Alternatives — Whether the DEIS properly examines a range of reasonable alternatives. Among the issues being considered is that the "purpose and need" for the Project as defined in the DEIS is so narrowly circumscribed as to screen out of the analysis alternative routes for high speed rail that could serve the corridor. • Construction Scope, Schedule and Description — Whether the DEIS should have provided considerably more information regarding the proposed construction of the Project. Virtually no information is included in the DEIS on such matters as the geographic scope of construction activities, the location and access points for construction, the location of construction staging areas, an estimated construction schedule, and how the Project sponsor reasonably expects to complete construction and commence operations by 2016. EIS Assumptions • Build Year — Whether it is proper for the DEIS to use 2016 as the projected build year, given that it may not be realistically achievable. This issue is important because the build year is the year that is the focus of the impacts analysis in the DEIS, and should account for full operations. • Geographic Scope of Impacts — Whether the DEIS should have addressed activities and impacts that would occur outside of the immediate corridor. The DEIS does not appear to consider certain necessary activities that would occur beyond the corridor, such as the widening of roads, intersection improvements, construction staging, the movement of utility lines or the restructuring of a surface water management system. • Train Service — Whether the DEIS assumptions regarding passenger train service, including a total trip time of 3 hours and 15 minutes or less, and total passenger volume of 4 million per year, are reasonable. These are critical factors with respect to the impacts, assumed benefit, as well as sustainability. • Freight Traffic — Whether the DEIS assumptions regarding freight traffic are reasonable. For example, is the assumption that there would be an average of 20 freight trains per day traveling along Florida's East Coast Railway corridor with a 3% annual increase reasonable? Environmental Impacts • Wetlands — Whether the DEIS adequately evaluates impacts to wetland resources and the requisite permitting processes. • Transportation — Whether the DEIS adequately evaluates transportation impacts along the corridor, including, for example, the closure of, and impacts to, grade crossings. F: UrcornrytDy(anIN102DOCS4182/7)➢-vIdRC - Memo o Boo d Re DFISdz 185 Board of County Commissioners October 13, 2014 Page Three • Noise and Vibration — Whether the DEIS adequately evaluates noise and vibration impacts along the corridor, including using appropriate methodology, evaluating impacts to sensitive receptors (such as schools in proximity to the corridor) and properly considered impacts both with and without mitigation. • Air Quality — Whether the DEIS adequately evaluates air quality impacts along the corridor, including localized impacts. The document only includes a regional air quality analysis, and does not examine air quality impacts along the corridor. • Public Safety — Whether the DEIS adequately evaluates public safety issues, not only at grade crossings, but also at other relevant locations along the corridor. • Cultural Resources — Whether the DEIS adequately evaluates impacts to cultural resources, including all designated and eligible historical and archeological sites. • Climate Change/Sea Level Rise — Whether the DEIS properly analyzes the impacts of climate change/sea level rise. The federal government has recently made clear that these issues are to be given careful consideration in agency programs. • Visual Resources — Whether the DEIS adequately considers impacts to local visual resources such as the placement of fencing and barriers adjacent to public parks. There are several other potential issues that the team reviewing the DEIS is now investigating. The County Attorney's Office will be presenting a detailed set of comments addressing all these issues to the Board on November 18, 2014. Once the Board has approved those comments the comments will be submitted to the Federal Railroad Administration by the December 3, 2014 deadline. F:WnorneylDylonWY02DOCSg1821719-v4-IRC_- _Al emo o_Boa d _Re _DEIS doc 186 ITEM 14.A.1 October 21, 2014 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 15, 2014, 2014 SUBJECT: Request for Water Hookup at 185 66th Avenue (Back up included) FROM: Peter D. O'Bryan, Commissioner District 4 Request Board discussion on request for water hookup at 185 66th Avenue. 187 Peter D. O'Bryan From: Stan Boling Sent: Tuesday, September 16, 2014 5:07 PM To: Wesley Davis (wesley@iraallc.com) Cc: Joe Baird; Vincent Burke Subject: Water Service Commissioner Davis: Staff has reviewed Mr. Crawford's situation and the current potable water policy. Staff does not support modifying potable water policy 5.7 (text below). That policy, specifically the third bullet point, was modified less than a year ago to allow properties outside the USA within 500' of a "water main distribution line that is part of a looped system" to connect to the county's water system. Staff's position is that the recently adopted policy modification adequately addressed water quality because it ties connection to a looped system. That policy modification also addressed system efficiency and integrity because connections are tied to main distribution lines already in place that serve the system as a whole. Conversely, staff estimates that the true cost of providing a system to serve a very low density area could cost in excess of $50,000 per property. In summary, the current policy ensures water quality for future connecting customers and ensures system efficiency and rate equity for existing customers that would otherwise have to subsidize recurring operation and maintenance costs as well as replacement funds for lines extended into very low density areas. Mr. Crawford's property is approximately 450' from a 4" county water line that is not part of a looped system and is not a main distribution line. I'd be glad to discuss the policy with you at your convenience. Thanks Stan POLICY 5.7: Consistent with the policies of the Future Land Use Element of this plan, centralized water service shall be limited to the following areas: • Areas within the Urban Service Area; • Areas where the county has legal commitments to provide facilities and services as of the date of adoption of this plan; Comprehensive Plan Potable Water Sub -Element • Areas outside of the Urban Service Area where at least a portion of the site is contiguous to an Urban Service Area boundary as depicted on the Official Future Land Use Map or located no more than 500 feet from an existing centralized potable water main distribution line that is part of a looped system. These areas are subject to the following provisions: • The maximum density of such land shall be as shown on the Official Future Land Use Map, and the provision of centralized potable water service shall not be justification for an increase in maximum density; and • Any and all costs associated with connecting a property to the potable water system, including costs associated with survey, design, permitting, construction, restoration, inspections, and certifications, shall be borne by the owner of the property. 1 188 • Development projects located outside of the Urban Service Area that meet the criteria of the policies of the Future Land Use Element for: • clustering of residential development within agricultural areas; • clustering of residential development within privately owned upland conservation areas; • clustering development within mixed use districts; or • traditional neighborhood design communities. • public facilities such as public schools. • agricultural businesses and industries (including biofuel plants) • Areas where, consistent with Potable Water Sub -Element Policy 2.4, the risk of private well contamination is determined to be unacceptably high. From: Vincent Burke Sent: Wednesday, September 03, 2014 3:53 PM To: Wesley S. Davis Cc: Stan Boling Subject: RE: Water Service Yes sir. I did get with Stan Boling and a response is forthcoming. I did want the opportunity to go over some of the background with Stan and the County Administrator but due to scheduling conflicts, I have not yet had the opportunity. t„rrom: Wesley S. Davis Sent: Wednesday, September 03, 2014 10:20 AM To: Vincent Burke Subject: RE: Water Service Vinny, Have you spoken with Community Development? From: Vincent Burke Sent: Wednesday, August 27, 2014 12:22 PM To: Wesley S. Davis; Stan Boling; Joe Baird Cc: Vincent Burke Subject: RE: Water Service Good morning Comm. Davis, Back in 2013, I recall speaking with Mr. Crawford who had expressed interest in County water but was making plans to install a well on the property since his property was outside the Urban Service Area. I recall mentioning to Mr. Crawford that even if the Comp. plan amendments were to go through, his property would still be outside of the limits and the area of servicing from a utility standpoint. The recently amended comprehensive plan states the following: 2 189 Areas outside of alit. Urban Service Area where at least a portion of the site is contiguous to an Urban Service Arca boundary as depicted on the Official Future Land I.,se Map or located no more gran 500 feet from ar„1 existi g centr tjjzed otable water train distribution i lnt; thus is pari of .a looped ,ysteni. Ihtpse areas tire subject to the following provisions: Mr. Crawford's property, 185 66th Avenue is outside of the Urban service area, not contiguous to the U.S.A, does not abut a main distribution line nor is close to any "looped" service. Unbeknownst to me, Mr. Crawford, even with our discussions last year, still applied for a ROW permit and for Utilities service. Staff erroneously filed his application but upon further review, the plan was found to inconsistent with the comprehensive plan. I will get with Community Development to discuss options moving forward. If you require additional information or have any questions, I am available at your convenience. I would be happy to meet with you and Mr. Crawford if necessary. Thank you, Vincent From: Wesley S. Davis Sent: Wednesday, August 27, 2014 11:03 AM To: Vincent Burke; Stan Boling; Joe Baird Subject: FW: Water Service Gentlemen, What comp plan amendment language needs to happen so Mr. Crawford can get water? Wes(ey S. Davis Commissioner District 1 1801 27th Street - Building A Vero Beach, FL 32960-3365 772 2261442 wdavis(c�ircgov.com ABefore printing this e-mail, think if it is necessary. Think Green! DISCLAIMER: Under Florida Law (FS668.6076), e-mail addresses are public record. If you do not want your e-mail address released in response to a public -records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Chris Crawford [mailto:cmcarcPmsn.com] Sent: Monday, August 25, 2014 8:28 PM To: Wesley S. Davis Subject: Water Service 3 190 Dear Commissioner Davis, We are building a new home at 185 66th Avenue. In March we began communicating with the Utilities department and went through the process of getting a water meter. We did everything right - flow test, pressure test, application for service, diagram submittals and coordinating with Public Works to install a private service line in the ROW. We received a ROW permit which cleared the way to contract with Utilities. Finally we paid the Utilities fee and executed a fair share agreement. Our plumbing and electrical rough -in installations are complete. Today we received a call that we could not connect and that our fees would be refunded. Please let us know if there is anything you can do to help. We are available to meet with you anytime. Sincerely, Chris Crawford (772) 473-2991 4 191 COST ESTIMATE 185 66TH Avenue Cost impact to provide on-site potable water after the fact in lieu of connection to Municipal System: Remodel: Plumbing: Install 175 ft of 1 -1 /4" pvc from treatment system to existing invert. Use 45 degree fittings at corners. $800 Electric: Provide power and breakers to water system equipment. $500 Repair stucco and drywall $200 Water treatment equipment $10,899 Concrete: Install clean compacted fill and provide equipment slab. $500 Contractor P/0 x 15% = $300 Supervision 4 hours x 85 = $340 Architect time 8 hours x 135 = $1080 Total ................$ 14,619.00 192 October 21, 2014 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 17, 2014 SUBJECT: Update on the October 16, 2014 Florida Municipal Power Agency Meeting FROM: Tim Zorc Commissioner, District 3 I would like to provide an update on the Florida Municipal Power Agency Meeting in Orlando, Florida held on Thursday October 16, 2014. 193 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: To: October 13, 2014 Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District �►,- Subject: Final Pay for Work Order #1 to Neel -Schaffer, Inc. 2014 Solid Waste Master Plan Update 1 DESCRIPTIONS AND CONDITIONS: On December 03, 2013, the Solid Waste Disposal District (SWDD) Board approved the 2014 Solid Waste Master Plan Update to Neel -Schaffer, Inc. (NSI) in the amount of $148,202.00. The plan also included services by Kessler Consulting, Inc. in the amount of $68,945.00. ANALYSIS: Neel -Schaffer, Inc. and Kessler Consulting, Inc. have completed the project with the adoption of the Master Plan by the SWDD Board on September 23, 2014. A final invoice was submitted on Ocotober 9, 2014 in the amount of $5,771.93 which results in the total project amount of $148,202.00. FUNDING: Funding for the 2014 Solid Waste Master Plan Update project is budgeted and available in the Landfill Engineering account which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount 2014 Solid Waste Master Plan Update 41121734-033130 $5,771.93 RECOMMENDATION: SWDD staff recommends that its Board approve the final invoice in the amount of $5,771.93 to Neel -Schaffer, Inc. ATTACHMENT(s): 1. Final Invoice & Project Progress Report from Neel -Schaffer, Inc. SWDD Agenda - Final Pay for Neel -Schaffer Work Order No 1 Master Plan Update Page 1 of 2 194 APPROVED FOR AGENDA: By: For: sepher. Baird, County Administrator Date SWDD Agenda - Final Pay for Neel -Schaffer Work Order No 1 Master Plan Update Indian River Co. Administration Legal Budget SWDD SWDD -Finance Approved Inc Date Page 2 of 2 195 ikfi--NeELSCHAFFER Solutions you can build ,upon Jorilati Jer Duni)/ SolletWasternsposal Distriet 1 1 Afl "Str. Vero Beach, FL 32060 Pi:erect Neel-,3c§affer, Inc. 2301,0:40 wasif, Suite300 Maitland; PL 32751-7235 407.54726623 f:407,530.0515 -.-.. '"""*""""""""'"""""n" INVOICE $enratnOitit 30, 2014 Project No N8A0041P00.1' 106100NO: 4021260' -trtiPli Work Order No. 1 - SOW Was10 Master Pla:n Lipdate, 'ha gteiiii • ifterti.Se tember.01 ,2014 -tote tember.30 :2'014. Total Lyn $0000e Neet4thetteri Total ,Feei Percent dompleted Previous, Pic! filing Current 40 Billing fetal this invoice - Neelf,Schaffer $14:3402106 2. Metier Condulting, 1nc (Kel)' TON Fe ROmegfrOomggitod Fee Blab* OlirrOnl F-0411160 Mfg tiff& Inv** kettiertbiisOliing Kes7Ster tAnSuiting, - itlYOlte Attabbed Please Sea_AttaOhOtt 'Project Progress' Report TAO but this10#1e $3,$20.89 $24,51 .04 $.07-1,b3 196 PROJECT P._R,OGRESS;REPPRT ENGINEERJJ G SERVICES FQR;IPDATED THE SOLID • WASTE MANAGEMENT PLAN SOIJD WASTE PISPD,SAL DISTRICT INDIAN RIVER EDIIM1: FLORIDA Talk Y-.KlckoHMeetin`&Pio;Wotiolo -. aPlectseNuP.Subcorlsa.Itant eotitro�t Plan PIPJP5t. CoilttSA MOR' Kkkof/ McEUAg/tont [a9 Finattte tiheduly>'ro)Rettontroland Dlstt{bute tiroetad Task Barisal TaskaZ:Datatoaection& Review Slte:NtaiMMeeting/Coordinationwith -others : Fd11W4 5iircmgnt}/EiFpagii40s-laid, u5date arrcit� x'Dd&i, P!REVIOItSLY- - INVOICED. WorkOrder No. 1 Invoice No.: tight IBj Data: Octgber-9 2b5d NSI NPJect No ; N3 08B9&OR2. Task350fdy$askd _ ySubia3kfotal !'ro�eef►o�crandconaneCast•oG52rv(Cespry� .,4"7 aoSituifiivi - raordinateivith othe.rCotisultents. Up4ati Solkl Waste Pro etitons Update DispPsal at 1 OpMtloh Nab 4114,110 $4601111.4014- Nishukal: J4Wn€cai&5tte,Et►e EaependiGBas lk CoseNlocaibniton Cost:of-54nikel.na10 Mal* Sttti60,2 OSafift 'ask 4. • 'am 'Cormentince'tenialPprovementa 'p+tin telirip14 titiViiTg atuationWOthers MProvement/txPonsionlJan Opdate: tection1ifotument Tule. ^SW 1r a ppslt7vn:Stitc ooixttmrdonVlth3�16crmsut[ant aunt is v4 ` 1itYian gdtint jz DudaRtta) R.r tt041 61.0.44.441 ftsi&.drat ;gepSry summary, Consultant reyorl:p'repare Seaion.+4. SOW SAX $420` OAS 34�y33 ��:,' Elepsdi P Subtask;ToESr WaEttot(e a1ulProc'eislbFAlt�miiHes:Md it/Plan tooMlrgBonwith Oder onintfaats g§fir#til Wait,oditgikorciximAnts 12 budaetgdj StImmerYof Ndevant:Regulations/ driormation Integrate SubconsubantTrite. Intoreport-Section 5 $ubtask7 LpdatRpftapitailmprovematn iggram ptlatagP,Costiatimati tt erc*t $.choiatik of i h ityend Ik(abpre3aLoirioients 1 siritadSection10ocumarc: ifE :'4d9.fafit7PNlak• @tePan OndtFiane Rriftt iio t ii wldttoonty rt j l lA q l�ients itucwokitifit;wiffittiitisigyi 300.0%. S244.540- ASPS i I"corparate1kunfrOtmtaenamartwort6iaS*aitivort ndubmn , `3rurA6""rn"1 Y.P ++ atillt ItOMffeSOS a P.401 a4altl44l 4$040000.4otiN-4iat tliti fi' temi.(evieA oEA4Alii�lLslet Plan,andlotward}tgrd_and•iittronktopiesnf,`}{n liaiauer'plio3o_i etw..� N - Pio ett'ctin*tad wtthie approvictsriledme EINXEM 197 keSSIettehtUlting inc, innovative waste•sofutions tbiftor At:ike0 BJadi 1,101.1400, Way, suite eoo 'Mitt*, FL 12731 ,1 I ' DATE )14VOltE.-li: abli2014 ' IIIC-10-o8 f?ii0J.EaT 184440 DESCRIPTION 1*16%v gra thehipenses inturred by 1e.0,itr 2014. 13A14011 1141i 110PiieltaIrteltIP kaiii1OVAD4LIiJMArgtt. aliYikekttehfitl*WeanuPPorf TOTALLSORPaSTS TOTAL AMOIROINVOICAD 13QURS RATE 41t401-1111' Arthesifor thZ peri494 are destaed alt the reitrse. 1 6 1 180.00. 135.0 60.00 .11(434 60407 Toil npsomj 1.4620 tliellfaska Ave, itlOgf 4 Tampa33.61a, )311071..033 Fax: 441.411dI582 IN#40.014401411tOrn 3096 tetyitetkbritempOWAVESMONMeissemaimisialo 198 Neel=Schaffer; Inc. in, len;= fiver ton ity, FL Work -Order NO; 1 KCI Project No: 73=03:00. Sn1 H Waste:.Master Ptah Below are the°activities.conducted by Kessler Consulting, Inc. during 20,14; 'ask 5 Findings anti Recommendations • itevised and finalised Technical Memo 4 and associated executive summary basedAon cheat! comments. • RevlsedTechncalMemo -5and associated .executive; summarybased on internal quality cbntroi. re dein • Trantinitted Technical Memos 4:anci 5 and assoclated'executive•s i arles to client and 4e14Sc11affer • Reviewed TethrkatMeMo :6. • Pe:epar:ed fo ,and participated in call with Cotintyand Neel -Schaffer staff to discuss-Tecnnicaf Memo Band n?xtsteps, Beviserl Technical Memo 5`and associated Executive :Summary -to ;include,addiitiona language regarding interlocal agreement -with municipalities. 199 MEC( PROGRE$SAJVUiSTA' G'©NSULTINGS1 MCSSFOR UPDATINGTNFSDLoWASTEMASTER'PLAN S0U194.TE mIS.PD A ..DISTRICT INDIAN RIVERCOLUNrt. FLORIDA :PROJECT NIL 73,03 D0: -Involte No: - JR4" 4P407 FeitOvlces76tough.:: 7/3 1 72 0 1 4 DASR ln1y.,91,1014 �A yjly,' ?O/VTRACT ; PREVIOUSLY WORKCOMPIE7'EQ ,Y1.IC. Oa r INE 1Hl5 PERCENT OWL. ! FEE, RFJGIA`1NIJJC Taak.1i PtoJet:tinfUa _ AMOUNT, 1NVOlegD TI PERIOD 7giiAT!<.. ._ RENO- OA'tE ori 0910 :t.it4INft"meethIC sitet t request andreyiew ixtevailt lntanrntatigt, .... Subtaska'otal $5,935 •$ 5935:00 $. Tuft!? uidste CortttiSsltto4`Stu'dy g4,. �ReviewlnfoJrrtgt100. 2 44 iPPY41.91Z sorf07aioco1s, schedule, etc: 23.:,C3ndai`U$brtingOkiit 2.4i Analyze.dataand prepare report ti Subtaslr,Tota1 52,720 $5.420 $15,620 $,7800 : _.$32;250, i $ 2.7g0, 90 $ 1;6,320.00 $ •7;749.1 :. :$32,250 $' - $ - $ - :$._..;5435,00.!$ $ 2,1213A9. $ 10;2441; , $ 7,79934; $ 32irsdl>�' . -.__ $ -;100%$:. i ' 1 sis 3. Co1J4; o0;�ltnatysts iievleytEelkgree; h ofti1 Rcpmparativeanalysis;; menti ►'andtsguatitu oRNottr develop 0001)**13Uo►u aildcstcrategy {rorthange SUbtask.'tota� 6,665 $ :8;455100. .. -,- ]00%, Task 4. .s $ . $ 410.$,00' $ R t0 po tun ties li tesriesenlzecpit g:50- is; identirypnitcyand p%raily itbnitki=to In asz rec cll* evalgate most v7abJeop _ 5ubtai.kTo ai " . 18 ,9.0 • $ `8;490 D0 S - 8' 70.00' $ —AOC* Las. ' . Ethel end rtC�: . ltaieamrii8ndat}ons ... ,, <.: e ( teptirati►7,itatmem0 Algrt o"rp5ietiblignYo. master (ifari; tribet gi*iitike lent Pretentation.of findings - Su-bt* 1 o 1 $13,605 $ .111453„9$ $ 1060.00 $ 12503.86- $ 9A101, $08,9745 $66,794 $14040.00 $67,844;96 . .4050.00 $2% $ 1;1004` VT T i151H,{lQi55 .AMPVILTDO :C.:. 0 0O ~ Y r,M Sf iLM4R DE1 IdHP 0D n -- . *V 5"Eit lfpre timendat it 'R+ r13Ed,and1M dlEdikkkg Memo* eilOgi;4000, execudv .sumtnaly 0g$Ad nn 41Ienertnmments •'R4rls 4160n4a{Me q.$ .1101%04tedie>tecyfvesumma.wbuetottJbternaiquaittycontrolreview: •'Tf74rrsapl dKYeo'UntraTMetr8ts4end5andassttdatedvia-dal* ilesv:clletlond+let17741affg, atifitivallantintattnot. pp"5realt lOgf tiiincflic*tthR S'tyAtid'f E.' lifi3Eafft¢4.16C iTecJ tM. * it1Si.L1em89,8 t. '' tiOVISOTathiligal Mferr q . .00001 At utivp ltPtt ort {ntn461.4 .alHP iari$tlage gdl3Jitrg'ltiterabtii4 trlgnt'.v t ':moila ges: _., JAifM�4optsCll mior 1oF'Nr171ttepLANAra raBEPE lFyO;�tl ,p` ft1 .614_.......__.__ tig5„ mons' afi d ggpinmendo$0,4: Pmpa4e for and palticlinte'In, resentallon, 0o1ecets1001.tl 01det ated budge 200 1i:eas1er consulting inc. innovativelAtaSte solutions 4 -Shatter Attn: Ron ISelkli 2301 Lucien Way, Stiite;300 Maitland, FL 32751 PE6.002111,94 Baby., are illetxpenses fncUire#;b3,-Ne,sslet ,OcatiffiitiOniiiiiiring the period of SePinniber014. :,61t Piittb't PipitetZitectoi. gokinuogii;60*.t:Plfiliager Varatikbat 00.0. VoLcut.youtittattosot, t014,AMMINIVIO TOWAL, olowr orvoito) 10 yendor 6h7o6-etalati* Ptinge, OgrZner; 494 300:0D 94Z.,501 1,10ig0 -14 -1061 1;101;04 440ities.firOixperiadareipmiledorithe'teverst. iiirants tit invoteptnobt proin AVO. 411401.Ft0.9-4 814V1413.3 Fax; 81,3474$12; *Olt gifkievOekorifetitiiiKWYMS VYkliticettonUlttOin. 201 Nool4cliaffOr irfc. (nd140,Pjitgr:tbtinty, -FL Work Dtder.No.1 KM. PrOle:tit ibila:03.00, spiiirwas:fe Below are the‘aCtivitiestoriducted by Kessler Consulting, Inc: during September 2014: Task -. Findins prOKetoriVIP:1146119tv conference 44.11 With, NeeNSctiaffer and client to discuss comments on final droft Master Plan and Accpmpare for 'BOCC ptesentadon. • 44,1:4 final fONIonstoSOtionSfibased on client's comments. • Rrega.red Iides for inqorporadottintol3OCC presentation. • Prgparecrfor and partidlpated In presentation of final Master Plan and recortimendations to BOtt 134331intyolceSept4014 iteWer tcinsuftifig Inc. 202 PROJECT PROGRESS AND:STATUS REPORT CDNS►JLTINGSERU/CESFOR LIPPATING THESOLID WASTE MASTER PLAN SOLID WASTE DISPOSAL DISTRICT INDIAN RIVE:WCOUNTY, FLORIDA for,Serriref Through:• TA4 ASTI.VTTY Prgjett,initi[atipn proles t: 4# :44leeting; site visit; ieg0estand ieview relevant nfornaation 7ask2Y Waste CotinpoaJtlon$tudy 2.1.. Rev7eW:Inforination Y 2 DeVeldis atirtlitiatodoiti sched ile;etc. 13, conduct SArting event * 14a[a" and pr.6pare report; 9/30'/2014 1 5k CoifectionR ralysls re+iteW r.?I IStee Malt iVa tc eto partike anafvsk ittit tik/ l dk.o9.4 orpreVuOt; deve op r`ecomment atibns anii.stratEgirforrchange Subtasklotmr tubtaskliital Tack 4.: ` scyciln$ t portuntiles R,E RM curtentrecydtng:systems ddenufy poliyy,and Pto ?A!4l320., nit es tOirtcrease'fe'cyn(49;;4vatuate most flak OP* s' �Satifa'`s"T6kaJ sil:. niC41r}irtar"f%1`Ftectimrgendai10A Rteftorageiblikai pteote lbs tncbrporation Into hatter pJyi, .melt; gssirith:tt (prrjt;:pfeseiiwioirof fikding"s .SubtaskTo S66task lot TOTAL LOU purmj$ Total cE OItEy1011$L1, ....rnrvOICED •$$;835- .$ ;3,935.00: 4,20 49 $$42 ;$ 5,41000; $1.6020 : $ 77.800 $ 775961;' ;$32250..1 ,$&,665 W0RkCOM..PLI T1 D TfilSPERIDD: 4 $ $. TO DATE; 4 3,935100 $' 2;720.49 4,43400 1e;3zooa S 7x.st $' c$ 32> ,00 $ eROIE ,-NQ. 73<0. 00 b fceWo.: IRGMP'o 0010 September 30, 2014 She4411:. .. $, AMovinr: D11-41 01$ POOP PIT TO.DATE. 'EE $ 100% a$ 10056 $ 99x00, a .:8.4901)0; 3 .. 1 03.96 $87,844 S' 110244 $2401:04 13 605.00 to m4s.%) 4' 1i:01;0 S 200. $ AtiPd131114 *RIAI`104014fORKPMFOliMk0113, #040; task 5 5fn8ings:ansi lieco"tnmendations rt ipated in L i1 a �ee caJt- iitTi Neal=5C}ilifigirltt dletit tatIr"scusscgrnmentsot iinalsd'rgft:Master.P.�lanarralccpreparei rtioCC re eerita ton `-MJtd0 1 %14101 t9**** isedgr0440# F $11:0 114, thretAlttakritikkgAptifttnifilbaglitarstatt64. Pfap iv'ti,trFraridltalrtldpa'teil lii pieseliitatioh affifSakMige,' r. M2rrand:fecgr►iyneri tgm k92240M 1.101.04: tG fits Neakixtdpiew aWABX PLANNEDI D 8E'PERHIRMEDxrEX7'J644ifP€It10IO L► 203 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: October 13, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District d.l` Subject: Final Pay to Republic Services for Material Recovery Facility Improvements DESCRIPTIONS AND CONDITIONS: On July 08, 2014, the Solid Waste Disposal District (SWDD) Board approved the Fourth Amendment to Republic Services for the Material Recovery Facility (MRF) Improvements, construction and installation of the Inter -Block System push wall into the paper building and entryway repair. The total budget was not to exceed the project cost of $18,207.10. ANALYSIS: The project was completed on schedule and has made a substantial improvement in our ability to store paper in the MRF. This is the first and final invoice submitted by Republic Services on October 6, 2014 in the total amount of $18,207.10 SWDD Agenda - Final Pay for Fourth Amendment to Republic Services for MRF Improvements Page 1 of 2 204 FUNDING: Funding for the MRF improvements project is budgeted and available in the Recycling Department in an account which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Material Recovery Facility (MRF) Improvements Account Number Amount 411-169000-14012 RECOMMENDATION: $18,207.10 SWDD staff recommends that its Board approve the final invoice in the amount of $18,207.10 to Republic Services. ATTACHMENT(s): 1. Final Invoice from Republic Services APPROVED FOR AGENDA: Bv: 4-2.4D 01:--)b Jose h A. Baird, County Administrator .' LL Date Indian River Co. Administration Legal Budget SWDD SWDD -Finance ved Date CSC SWDD Agenda - Final Pay for Fourth Amendment to Republic Services for MRF Improvements Page 2 of 2 205 Ctir REP1104 UBLIC October 6, 2014 Mr. Himanshu Mehta IRC SWDD Managing Director Indian River County Solid Waste Disposal District 1325 74`h Ave SW Vero Beach, FL 32968 RE: Inter -Block System Dear Himanshu, The invoice for Republic Services' reimbursement request for the Inter -Block System is attached for your review. Please contact me if you have any questions regarding this matter. Sincerely, 2//410fffog-/----- Michael Behr Division Manager MB/ta Treasure CoastRefuse 3905 Oslo Road Vero Beach, FL 32968 772-562-6620 • Fax 772-770-1516 republicservices.com 206 LURE COASTREPJ "FIRST IN SERVICE" AN..""" *, AfFYI ' Bill To I N V O I C E TREASURE COAST REFUSE 3905 Oslo Road Vero Beach, Florida 32968 (772) 562-6620 • Vero Beach (772) 465-5419 • Fort Pierce Indian River County Solid Waste SWDD 1325 74TH Avenue SW Vero Beach, FL 32968 Please detach here and return with your payment. Thank You. Treasure Coast Refuse Date Description Invoice # 399254A Invoice Date . 9/30/14 Service Address Cust#: 1223 Amount Enclosed TO AVOID LATE CHARGES. CURRENT PAYMENT MUST BE RECEIVED BY THE 25TH OF THE MONTH 9/30/14 Inter -Block Systems Cust#: 1223 Service Address: Landfill Invoice # 399254A Qtv. Rate For Period: Total 18207.10 Please ay INVOICE TOTAL 18207.10 September 2014 207 Republic Services of Indian River 1327 74th Ave SW Vero Beach FL, 32968 TO: Indian River County Solid Waste INVOICE 6/19/2014 • DESCRIPTION QTY COST • TOTAL **Blocks Required for Material Containment . Bin** Three Blocks Hlgh FULL ENVIRO-BLOCK UNIT (furnishedtosite) 98 <county to purchase HALF ENVIRO-BLOCK UNIT (furnished tosite) 4 Block and furnished to site. Labor includes: unloading freight truck's and stacking.block's. The construction and installation of the push wall Into the paper building. Insallation of • 6"x 6"x 1/2" metal angle, anchored with 1/2"x7.5" concrete anchor's to concrete floor of metal building so the Block's won't slide on the floor surface. 40hrs $250 Labor $10,000.00 Part's • 6"x6" 1/2" Metal angle 10Q' $2,153.70 1/2"x7.5" Concret Anchor's 100 $168.20 Miscellaneous eqiupment,supplies and part's. $385.20 Repair apron in front of paper recycling building-16'x20'x7" 5000psi concrete with #5 Rebar 12" o/c each way saw cut control Joints. 1 $5,500.00 * * . Per: John Mase with inter -Block Retaining systems Inc. Didn't recommend putting an anchor across the top of the Block's. for extra stabilization . • • Total $18,207 Term: 30 days after receipt of all blocks • • TOTAL . $16,207.1O 208