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HomeMy WebLinkAbout11/04/2014• i11'=c',�ccawus.��a��-<. �wios c .,.` :;;, *i.,�'a i -4p +iez ,... '°• „.;,,,,if ,,,+,ywx " w9 %js' . t • i / ®v,.... -i....0*-, aA f - _- - -`-- �-,-..if '',Zj'1 C01 jt PROCLAMA TION HONORING GREGORY BUDDE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE WHEREAS, Gregory Budde retired from Indian River County Fire Rescue effective November 3, 2014; and WHEREAS, Gregory Budde began his firefighting career with the South Indian River County Fire District on January 1, 1982, as a Firefighter. On January 22, 1984, he became a Firefighter -EMT and on June 6, 1986, Gregory became an Engineer -EMT. On September 27, 1990, he arose to the position of Lieutenant -EMT. Gregory was then promoted to Captain on May 5, 2006, which is the position he held until retirement. He received his paramedic license on July 27, 2007. Gregory implemented the physical training program for the department, and during his tenure he received numerous Letters of Appreciation. He was also instrumental in the adaptation of the Airport Field Training Officer Program, along with being the liaison for airport training between the City of Vero Beach and Indian River County Fire Rescue. Gregory was also involved with the Big Heart Brigade for the past nine years. WHEREAS, Gregory Budde served this County and the Public with distinction and selflessness. During his thirty-two years of service, he was dedicated and his work was greatly appreciated by the employer and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Gregory Budde's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-two years; and 4 1 BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 4th day of November 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA %L"-2, :c; ✓ _n 1. �,� _ G Peter D. O'Bryan, Chairman} This is to certify that Gregory Budde is hereby presented this Ictirement Award for outstanding performance and faitfifu(seivice to Indian q4ver County Board of County Commissioners Tor thirty-two years of service On this 3rd day of November 2014 John King� ctor of Emerg Services 14' 'Peter D. O'Bryan `J Board of County Commissioner, Chairman 4 PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2014, AS NATIONAL RUNAWAY PREVENTION MONTH WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 750 youths are homeless on the Treasure Coast. The National Runaway Switchboard reported more than 272 crisis runaway calls from two Treasure Coast area codes (772,863); and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with The National Runaway Switchboard and The Family and Youth Services Bureau to educate and prevent youth in crisis from running away and subsequently living on the streets; and WHEREAS, Children's Home Society of Florida provides support services to youth in crisis that aim to move youth into stable living situations; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the month of November 2014, be designated as NATIONAL RUNAWAY PREVENTION MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, businesses and others to recognize and observe the month of November, 2014 as National Runaway Prevention Month. As a community we need to focus our attention on those children who experience crisis and turn to the streets for support. Adopted this 4th day of November, 2014 BOARD OF COUNTY COMMISSIONERS, INDI RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chair an esley S. Davis, Vice Chairman eoh Flescher PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER, 2014, AS NATIONAL ADOPTION AWARENESS MONTH WHEREAS, for more than a century, Children's Home Society of Florida has upheld our legacy of transforming the lives of children and families; and WHEREAS, on any given day approximately 125-175 children are awaiting adoptions on the Treasure Coast and in the last three years over 350 children have been given the gift of forever families; and WHEREAS, Children's Home Society of Florida, Treasure Coast Division, works diligently with the Department of Children & Families to ensure that every child has a forever family; and WHEREAS, children waiting for adoptive parents and families who have adopted these children require and deserve community and agency support; and WHEREAS, Children's Home Society of Florida, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, that the month of November 2014, be designated as NATIONAL ADOPTION AWARENESS MONTH in Indian River County. In honor of this event, we encourage community agencies, religious organizations, businesses and others to celebrate adoption, honor families that grow through adoption, further an awareness of the changes and issues in adoption, and focus attention on those children who live in the shadow of an uncertain future while they await forever families. Adopted this 4th day of November, 2014 BOARD OF COUNTY COMMISSIONERS, INN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman es ey S. Davis, Vice Chairman eph E. Flescher Bob Solari PROCLAMATION DESIGNATING NOVEMBER 11, 2014, AS VETERANS DAY WHEREAS, on May 13, 1928, Congress approved an Act designating November 11th as Armistice Day, commemorating the end of World War I and paying tribute to the heroes of that war, and on June 1, 1954, Congress approved an Act changing the name of Armistice Day to Veterans Day in order to also pay tribute to the veterans of World War II and veterans of all wars who have contributed so much to the preservation of our Nation; and WHEREAS, over 18,000 veterans of all wars presently reside in Indian River County, which is host to approximately 20 veteran organizations; and WHEREAS, local veterans, individually and collectively as members of veteran organizations, contribute in many ways to the welfare and betterment of the social, cultural and economic life of Indian River County; and WHEREAS, the Indian River County Veterans Council consisting of representatives from various City and County veteran organizations annually observe Veterans Day, as well as all patriotic observance days, by holding ceremonies at Veterans Memorial Island Sanctuary in Vero Beach and Veterans Memorial at Riverview Park in Sebastian. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that November 11, 2014, be designated as VETERANS DAY in Indian River County, and the Board urges all residents to fly the American flag to pay tribute to all veterans living and deceased, and to attend Veterans Day services at Veterans Memorial Island Sanctuary and Veterans Memorial at Riverview Park on November 11th. Adopted this 4th day of November, 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 46la—d Peter D. O'Bryan, Chairman esley S. Davis Vice Chairman seph E. Flescher Bob Solari c 5 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER, MARTIN, OKEECHOBEE, AND ST. LUCIE COUNTIES, STATE OF FLORIDA ADMINISTRATIVE ORDER 2014 - IN RE: MENTAL HEALTH COURT PROGRAM WHEREAS, the Florida Legislature through Chapter 394 has encouraged the creation of mental health courts to align policy initiatives in the criminal justice and mental health systems to ensure the most effective resources and to coordinate the shared needs of adults who have a mental illness and who are in or at risk of entering the criminal justice system; and WHEREAS, specialized courts have enhanced the expediency, effectiveness, and quality of judicial administration; and WHEREAS, since courts and jails have not historically been able to adequately address the treatment needs of the mentally ill and developmentally disabled, a centralized mental health court program would be beneficial to the administration of justice, increase the efficiency of the criminal justice system, best protect public safety, reduce recidivism and help those mentally ill or intellectually disabled persons build successful lives; and WHEREAS, through cooperation and assistance of the counties, state attorney and public defender, a mental health court program has successfully operated in St. Lucie County since June 6, 2006 and in Martin County since October 31, 2007; and WHEREAS, a mental health court program would be beneficial in the other counties; NOW, THEREFORE, pursuant to the authority vested in me as Chief Judge of the Nineteenth Judicial Circuit of Florida under Rule 2.215, Rules of Judicial Administration, it is hereby ORDERED as follows: 1. A Mental Health Court shall be operational as a subdivision within the Criminal Divisions of the Circuit and County Courts of each county in which a judge is assigned to Mental Health Court in the annual judicial assignments order. The same judge shall be assigned to handle the cases arising from the criminal divisions of both circuit and county courts unless otherwise specified in the annual judicial assignments order. 2. ELIGIBILITY A. Defendants Adjudicated Incompetent to Proceed or Not Guilty by Reason of Mental Disability Any defendant who is adjudicated incompetent to proceed or not guilty by reason of insanity and who has been placed on conditional release shall be transferred to 1 6 Mental Health Court. Any defendant committed to a forensic facility for competency restoration or treatment for insanity may be transferred to the Mental Health Court upon agreement of the assigned Judge, State Attorney and defense counsel. All reports mandated by Fla. R. Crim. P. Rule 3.212 and Florida Statute §916.13 (and any subsequent renumbering of the rule and statute) shall be filed with the trial/committing court and a copy provided to the Mental Health Court. Upon transfer, the Mental Health Court may consider violation of conditional release, requests for status, modification, reprimands or other monitoring as may be appropriate, including review and monitoring upon return from a forensic hospital. Upon determination of competency, the case shall be immediately transferred back to the referring court. B. Defendants Who Are Mentally III, Intellectually Disabled, or Autistic Seeking Diversion Any defendant who is charged with a criminal offense (other than driving or boating under the influence) who is mentally ill, intellectually or developmentally disabled, or autistic may be transferred to Mental Health Court if the defendant and State Attorney agree to the transfer. The State Attorney shall seek input from the victim when appropriate. The decision of the State Attorney's Office to disapprove a defendant's admission into the Mental Health Court under this section may not be challenged by any defendant, the Mental Health Court, or any other Court and does not create a right of review in any court. C. Defendants Obtaining a Downward Departure Sentence and/or Probation Any defendant, who is mentally ill, intellectually disabled, or autistic who is placed on probation and/or who is granted a downward departure sentence in which incarceration is not imposed may be transferred to Mental Health Court for monitoring or as a condition of probation imposed by the court in lieu of or subsequent to incarceration. D. Defendants Released from Custody with Charges Pending Any defendant who is charged with a criminal offense and who is mentally ill, developmentally or intellectually disabled or autistic may be supervised by Mental Health Court as a condition of bond, ROR, or pretrial supervision upon order of the originating Court while awaiting disposition of case. Jurisdiction of the case will remain with the originating Court, and Mental Health Court will provide services and supervision to the defendant while the case is pending. Any new law violations, including positive drug tests, shall be immediately reported to the originating Court and the State and may include recommendations from the Mental Health Court team. 3. PROCEDURES PRIOR TO AND AFTER TRANSFER OF CASES A. When defendants enter Mental Health Court under section 2A of this order, the trial court shall proceed pursuant to Fla. R. Crim. P. Rule 3.212 and Florida Statute §916.13 (and any subsequent renumbering of the rule and statute) prior to transferring supervision to the Mental Health Court. All subsequent requirements of Fla. R. Crim. P. Rule 3.212 and Florida Statute §916.13 (and any subsequent renumbering of the rule and statute) shall be provided to the trial court with a copy to the Mental Health Court. B. Eligible defendants who desire to enter into Mental Health Court under section 2B of this order and who are not incompetent or who do not qualify as not guilty by reason of mental disability at the time of the offense must enter a plea to the pending 2 7 charge(s) either prior to the transfer to Mental Health Court or at the first hearing conducted by the Mental Health Court, unless otherwise agreed by the State and Defense. The Trial Judge or the Mental Health Court Judge shall accept or reject the plea pursuant to Florida Rules of Criminal Procedure. At the time of the plea, the judge shall inform the defendant that if the defendant successfully completes the Mental Health Court program, the defendant shall be allowed to withdraw the plea. After the defendant withdraws the plea following the successful completion of the program, the State Attorney and/or Mental Health Court judge shall dismiss the charges against the defendant. Any transfer of a defendant to Mental Health Court, unless specifically objected to by defense counsel, shall be deemed a waiver of the defendant's right to a speedy trial and formal discovery. Post -plea transfers shall be deemed a waiver of the right to be sentenced by the judge who accepts a plea of guilty or no contest to the charge(s). C. Cases transferred into Mental Health Court pursuant to section 2C of this order shall proceed according to this section. The trial court may make successful completion of mental health court the sole condition of probation, or may include additional special terms of probation that will qualify as a violation, without the concurrence of the Mental Health Court team, if committed by the defendant. Any violation of the standard conditions of probation, a violation of any special condition of probation or unsuccessful termination from Mental Health Court may be considered a violation of probation. Upon initiation of a violation of probation, the case will be heard by the trial judge in the trial division. Additionally, the defendant must continue to be monitored by, attend and comply with all conditions of Mental Health Court simultaneously with the trial court appearances and obligations until the violation of probation is heard by the trial court and the VOP is otherwise disposed of. A defendant who is sentenced for a violation of probation shall not be sentenced back into Mental Health Court without prior approval of the Mental Health Court judge and State Attorney. D. Prior to a defendant being accepted into the Mental Health Court, appropriate waivers of confidentiality shall be obtained. E. Defendants will attend regular court hearings as ordered by the Court, participate in continued assessment and treatment and engage in discharge planning and do such other things as directed by the mental health coordinator, team and/or Court. 4. DISQUALIFICATION A. If the Mental Health Court judge finds that the defendant either: is subsequently determined not to be mentally ill, intellectually disabled, or autistic; indicates the lack of desire to participate in Mental Health Court; or at any time demands a trial or hearing on a motion to determine legal issues related to mental health, then the defendant is no longer eligible for the Mental Health Court and shall be transferred back to the referring court. B. If the Court determines that the defendant is no longer sufficiently participating in or benefiting from the Mental Health Court or that the defendant poses a threat to public safety, the defendant is no longer eligible for the Mental Health Court and shall be set for sentencing or other disposition. Regardless of whether the Mental Health Court judge has accepted the defendant's plea, the case may be transferred back to the referring court. 3 8 C. If the defendant is arrested or charged with any new offense, the defendant may no longer be eligible for Mental Health Court. Unless the Mental Health Court judge and the State Attorney consent to the defendant remaining in Mental Health Court, the case(s) pending before the Mental Health Court shall be transferred back to the referring court. D. If the defendant is determined to be ineligible for Mental Health Court, the case shall be transferred back to the referring court. 5. ADMINISTRATION A. The above provisions shall not divest any other Circuit or County criminal courts of their authority to enter orders of competency and forensic commitment and/or to hear motions for downward departure. B. The Administrative Judge of Mental Health Court shall be responsible for administering the Mental Health Court program and coordinating the role of the judiciary with the functions of the Mental Health Court Program, Department of Children and Family Services, Agency for Persons with Disabilities, and other public and private providers of mental health services. C. For the purpose of presiding over cases assigned to Mental Health Court, any judge assigned to or presiding over Mental Health Court cases is hereby appointed as an Acting County Court Judge and/or Acting Circuit Judge accordingly. D. The public is entitled to access to judicial records, however, patient treatment records are deemed confidential pursuant to §§ 395.3025(7) and 393.13, Florida Statutes. In the event a treatment record or report is placed in the court file of a Mental Health Court defendant, the Mental Health Court judge will determine whether such report is confidential and exempt from public access under Florida law. If the Mental Health Court judge finds the record is exempt, the records will be sealed pursuant to Rule 2.420(f), Rules of Judicial Administration. E. All hearings shall be recorded electronically. F. Defendants participating in mental health courts may be required to pay a monthly fee and the Clerk(s) of Court are authorized to accept any participation fee or other funds collected incidental to a defendant's participation in mental health courts. G. Mental health courts shall be maintained subject to the availability of adequate funding for their operation. 6. Administrative Order 2006-09 is hereby replaced and superseded by this Order. SIGNED and ORDERED in quadruplicate in Chambers at Stuart, Martin County, Florida on October , 2014. 4 STEVEN J. LEVIN Chief Judge Draft 10/20/14 9 From the Florida Supreme Court's website: http://www.flcourts.org/resources-and-services/court- improvement/problem-solving-courts/mental-health-courts.stml Mental Health Courts The origin of mental health courts stemmed from situations similar to those preceding the development of drug courts - repeat offenders in need of treatment services. With available community resources dwindling for people with serious mental illness (SMI), the courts were seeing more repeat offenders with untreated mental illness. Florida's jails and prisons are not designed, equipped, or funded to deal with SMI, so the use of the drug court model/problem-solving court model was a logical response. Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with mental illnesses and increase their participation in effective treatment; and to reduce court - and corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration. Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and Tess expensive than the remedies available through traditional justice system approaches. As of October 2014, Florida has 26 mental health courts in operating in 16 circuits. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and less expensive than the remedies available through traditional justice system approaches. 10 Bruce H. Colton State Attorney October 21, 2014 OFFICE OF THE $afE 1\tto-rrreg NINETEENTH JUDICIAL CIRCUM OF FLORIDA SERVING INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES Board of County Commissioners Indian River County, Florida 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioners: 411 South Second Street Fort Pierce, Florida 34950 (772) 465-3000 Fax (772) 462-1214 The State Attorney's Office of the 19th Judicial Circuit fully supports the Mental Health Collaborative Diversion Strategies Task Group in their recommendation to implement a mental health court in Indian River County. The Diversion Strategies Task Group consisting of Police Chiefs, State Attorneys, Public Defenders and Judges joined together to explore ways to connect the mentally ill within the criminal justice system with mental health services in the community. Over the last 30 years, jails and prisons have become the primary repository for people struggling with mental illness. It is an expensive system of care that often fails to effectively address the true problem. With available community resources dwindling for people with serious mental illness (SMI), the courts see more repeat offenders with untreated mental illness. Florida's jails and prisons are not designed, equipped, or funded to deal with SMI, so the use of the problem -solving court model is a logical response. Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with SMI's and increase their participation in effective treatment; and to reduce court- and corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. The State Attorney's Office of the 19th Judicial Circuit supports the success of a quality, effective mental health court in Indian River County. . Sin,erely, ruce H. Col on State Attorney 19th Judicial Circuit 11 Office Of The CHIEF OF POLICE October 24, 2014 City of Vero Beach 1055 - 20th STREET VERO I3EACI-i, FLORIDA 32960-6441 Telephone (772) 978-4600 Fax (772) 978-4691 Board of County Commissioners Indian River County, Florida 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioners: The Vero Beach Police Department fully supports the Mental Health Collaborative Diversion Strategies Task Group in their recommendation to implement a mental health court in Indian River County. The Diversion Strategies Task Group consisting of Police Chiefs, State Attorneys, Public Defenders and Judges have joined together to explore ways to connect the mentally ill within the criminal justice system with mental health services in the community. More than half of the inmates being held in the Indian River County Jail are diagnosed with a mental illness. With available community resources dwindling for people with serious mental illness (SMI), the courts see more repeat offenders with untreated mental illness. Florida's jails and prisons are not designed, equipped, or funded to deal with SMI, so the use of the problem - solving court model is a logical response. Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with SMI's and increase their participation in effective treatment; and to reduce court- and corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration. Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and less expensive than the remedies available through traditional justice system approaches. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. Sincerely, c •c4-4. � David E. Currey Chief of Police 12 )1: October 27, 2014 Board of County Commissioners Indian River County, Florida 1801 27th Street . Vero Beach, FL 32960-3388 • Dear Commissioners: OFFICE OI - tamoub ..littp Public Defender NINETEENTH JUDICIAL CIRCUIT 216 SOUTH SECOND STREET FORT PIERCE, FLORIDA 34950 TELEPHONE (772) 462-2048 FAX (772) 462-2047. The Office of the Public Defender, 19th Judicial'Circuit, fully supports the Mental Health Collaborative Diversion Strategies Task Group in their recommendation to implement a mental health court in Indian River County. The Diversion Strategies Task Group, consisting of Police Chiefs, State Attorneys; Public Defenders and Judges, has joined together to explore ways to connect:the mentally ill within the criminal justice system with mental health services in the community. • Over the last 30 years, jails and prisons have become the primary repositoryy for people struggling with mental illness. More than half of the inmates being held in the ,Indian River County Jail are diagnosed with a mental illness. It is an'expensive system -of care that often fails to effectively address the true problem. With available community resources dwindling for people with serious mental illness (SMI), the courts see more repeat offenders with untreated mental illness. Florida's jails and prisons are not designed, equipped, or funded to deal with SMI,' so the use of the problem -solving court model is a logical response. •Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with SMI's and increase their participation in effective treatment; .and to reduce court- and corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration: Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and less expensive than the remedies available through traditional justice system approaches. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. • 13 The Office of the Public Defender, '19th Judicial Circuit, has seenthe success ofinent?l health courts in St. Lucie County and Martin County and enthusiastically supports the implementation of having a quality, effective diversion and/or mental health court in Indian River County. The positive results and proven success cannot and should not be ignored. DRL/sh 14 Sebastian Police Department 1201 Main Street Sebastian, Florida, 32958 772-589-5233 Fax 772-388 1872 e-mail spd@cityofsebastian.org J. Michelle Morris, Chief of Police October 26, 2014 Board of County Commissioners Indian River County, Florida 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioners: The Sebastian Police Department fully supports the Mental Health Collaborative Diversion Strategies Task Group in their recommendation to implement a mental health court in Indian River County. The Diversion Strategies Task Group consisting of Police Chiefs, State Attorneys, Public Defenders and Judges joined together to explore ways to connect the mentally ill within the criminal justice system with mental health services in the community. More than half of the inmates being held in the Indian River County Jail are diagnosed with a mental illness. With available community resources dwindling for people with serious mental illness (SMI), the courts see more repeat offenders with untreated mental illness. Florida's jails and prisons are not designed, equipped, or funded to deal with SMI, so the use of the problem -solving court model is a logical response. Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with SMI's and increase their participation in effective treatment; and to reduce court- and 15 corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration. Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and Tess expensive than the remedies available through traditional justice system approaches. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. The Sebastian Police Department supports the success of a quality, effective diversion and/or mental health court in Indian River County. Sincerely, J.ichelle Morris hief of Police 16 2111 C/lief XthL �1. T'iirh/ieiiy October 24, 2014 Board of County Commissioners Indian River County, Florida 1801 27th Street Vero Beach, FL 32960-3388 Dear Commissioners, 25 outh Cyprraz triz¢t • fasmgr¢, f1 32948-6714 phonR: 0'2.571.1360 • T'ax: 0'2.646.6359 e-mail:poliegehisancityof fQl l6mQrg.org As you may know, over the last 30 years, jails and prisons have become the primary repository for people struggling with mental illness. With available community resources dwindling for people with serious mental illness (SMI), the courts see more repeat offenders with untreated mental illness. Our own county jail is a perfect example as more than half of the inmates being held there are diagnosed with a mental illness. It is an expensive system of care that often fails to effectively address the true problem. It is clear to many practitioners in both the criminal justice and mental health professions that Florida's jails and prisons are not designed, equipped, or funded to deal with SMI. It is therefore believed that the use of a problem -solving "court model" is a logical response. In response, the Diversion Strategies Task Group, a dedicated group of professionals consisting of Police Chiefs, State Attorneys, Public Defenders and Judges, have explored ways to divert when necessary, the mentally ill within the criminal justice system in order to receive mental health services in the community. Mental health courts generally share the following goals: to improve public safety by reducing criminal recidivism; to improve the quality of life of people with SMI's and increase their participation in effective treatment; and to reduce court- and corrections -related costs through administrative efficiencies and often by providing an alternative to incarceration. Monitoring and treating offenders with SMI in a mental health court is more effective, efficient, and less expensive than the remedies available through traditional justice system approaches. Like drug courts, mental health courts hold offenders accountable while linking them to the treatment services they need to address their mental illness. 7nte8rity first 17 The Fellsmere Police Department fully supports the Mental Health Collaborative Diversion Strategies Task Group in their recommendation to implement a mental health court in Indian River County and urges the County Commission to support, and help implement it as well so that we as a community can together, respond appropriately to those in need of mental health services. Sincerely, Kei M. T uchberry -' Chief of Police Fellsmere Police Depart lent 7nte®rity First 18 171 -OZ 17 JegWanoN Z 0- . ■ CU -,X). ri, 0 c we = CD \< ,?.- r r o' 0 r v 0 ox VJVSJO) A1NnoD dO auvoe cp Ln 0 Z m Poti) Q o -� r+ 0) K rD H -n (D - rD rD p n (D IQ n rD 0 -' 0 <. -7 -i., p CU j L.A.) 2. <. • n (D (D rte+ v) r o (D 0- c 0- rD (D OD _ . = rD 8 0 --% cw 0- - o Lrio < 5- - (D Lcu• � °h r-, -r1 (D - W(I) 0 2 D (D Di D -7. 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O (p O (=D v O O- Q CD co a'(D n 9 5 ��N a �� O0 V) ▪ v + c O (Q (D O 5' CD (D cn 5. 3 0 CD 0 c o n+ m 0 O co Oh () �•CD � V;.• Q _ CI ▪ (M- (=0 D CD 2 a _ (Q p CD < n 5 CD (Q Da Da = CD (A 51.1 g (D 0 A) �-,- O CD CD o + (!- ▪ 5 CD .(.1.;) Cl. O (D r"- �• (<D 3 v ,--� 5N O (Q N �- o O 1� (/� (/� O w N r+ _ oil) —0 O ■■ a)3 CL °-, N— ED CD -0 W < O -C n• D o• S W ) •-E3 c Q. =~(n �cn O . _ , 3 w �� O = `G 3 CD o� Q (n ,=,= ,(m Cip O-D< ) . o_ = Q — 5 ._ (P 'Z3 c (A (7 0 -� �n-N(0 N a) (.0 CD 5 O� O CD _+ (D 5 : = '--- co c (D (n C7 R. (0 O RESOLUTION NO. 203-14-14297 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, advocating the legal separation of Florida into two separate states, creating the 51st state in the Union and naming it "South Florida". Whereas, presently, the state of Florida consists of 67 counties in an area of approximately 56 thousand square miles with a population of approximately 19,135,000 people; and Whereas, the new proposed state of South Florida would have 24 counties ("which counties shall herein after be referred to as "South Florida"). These 24 counties are 35% of the total number of counties in the current state of Florida and they would comprise approximately 23,000 square miles in area. Thus, South Florida would be comprised of 39% of the area of the current state of Florida and would have a population of approximately 13,375,000 people which is 67% of the total population of the current state of Florida; and Whereas, presently, the state of Florida collects approximately 22 billion dollars in sales and documentary taxes from all of Florida, of which 69 percent, 15.25 billion dollars, is collected in South Florida; and Whereas, the new state of South Florida will consist of 24 counties with its northern border being Brevard, Orange, Polk, Hillsborough and Pinellas and include the other 19 counties south of those five counties; and Whereas, South Florida Water Management District starts in Orange County and includes most of the aforementioned Counties in South Florida; and Whereas, the average elevation of the present state of Florida is approximately 100 feet above sea level. North Florida is approximately 120 feet above sea level while the average elevation of South Florida is less than 50 feet with a very large portion of South Florida averaging less than 15 feet above sea level. Many sections of South Florida are 5 feet or Tess above sea level, including Monroe County and the Gold Coast, consisting of Palm Beach County, Broward County and Miami -Dade County. This area also includes the Everglades National Park, Big Cypress National Preserve, Biscayne National Park and the Turkey Point nuclear reactors. These reactors are 42 years old and less than 5 feet above sea level with in excess of 2.5 million pounds of nuclear waste buried on the grounds of the nuclear plant. Whereas, Lake Okeechobee, located in South Florida, is the second largest freshwater lake in the United States and the source of much of the fresh water supplied to South Florida and could be severely compromised by rising sea levels; and and Whereas, climate change is a scientific reality resulting in global warming and rising sea level; Whereas, it is estimated that there will be a 3 to 6 foot sea level rise by the end of this century. In addition, South Florida has very porous rock and, as the level of the sea rises, the pressure will cause water to rise up through the ground and flood the inland areas; and Whereas, South Florida's situation is very precarious and in need of immediate attention. Many of the issues facing South Florida are not political, but are now significant safety issues; and Page 1 of 2 19 Res. No. 203-14-14297 Whereas, presently, in order to address the concerns of South Florida, it is necessary to travel to Tallahassee in North Horida. Often South Florida issues do not receive the support of Tallahassee. This is despite the fact that South Florida generates more than 69% of the state's revenue and contains 67% of the state's population; and Whereas, the creation of the 51' state, South Florida, is.a necessity for the very survival of the entire southern region of the current state of Florida. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The recitals contained in this resolution are adopted and made a part hereof by reference and they reflect the exigency that now exists and the need for immediate action. Section 2. The Mayor and City Commission of the City of South Miami, Florida, hereby advocate the legal separation of Florida into two separate states, creating the 51st state in the Union, and naming it "South Florida". It is understood that this is only the first step in a very complicated process and it will ultimately require the approval of the electorate of the entire state as well as Congressional approval. Section 3. The City Clerk is directed to send a copy of this resolution to all municipalities in Miami -Dade County, the members of the governing bodies of all 24 counties that are in the proposed South Florida region, and their respective league of cities. Section 4. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 7th day of October , 2014. ATTEST: Page 2 of 2 APPROVED: COMMISSION VOTE: 3-2 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Edmond: Nay Commissioner Liebman: Nay Commissioner Welsh: Yea 20 O W E O L 4- C1 w u O O. O L 1 i O E 0 u ro 2 s 0 �I-y-ZION -7A. 2O PROCLAMATION SUPPORTING THE HEALTHIEST WEIGHT FLORIDA INITIATIVE WHEREAS, the County of Indian River supports policies that focus on healthy weight, health and wellness, and healthier lifestyles in all communities; and WHEREAS, the Florida Department of Health has launched a healthy weight campaign known as "Healthiest Weight Florida", a public-private collaboration to help Florida's children and adults make informed, consistent choices about healthy eating and active living; this program has been embraced by individuals and businesses in many cities, counties, and communities; and WHEREAS, the State Surgeon General has launched the 2015 Healthy Weight Community Champion Recognition Program that will recognize local governments and active municipalities (cities, towns and villages) and 67 counties that implement policies to help people become more physically active and improve nutrition; Best practice policies implemented by communities will be recognized on January 5, 2015; and WHEREAS, more than 66% of adults in Indian County are estimated to be overweight or obese and in the 2013-2014 school year, 33.4% of school age (grades 1-6) children were found to be overweight or obese; and WHEREAS, more than 67% of Indian River County adults do not consume at least 5 servings of fruits and vegetables daily; and WHEREAS, poor nutritional choices and a lack of physical activity are linked to excessive weight and obesity which increase the risk of diabetes, cancer, heart disease, liver disease, hypertension and other health conditions; and WHEREAS, the County of Indian River has recently launched a campaign aimed at reducing childhood obesity named the "5-2-1-0 Let's Go" which will promote four healthy habits of "5 2 1 0" everyday: eat 5 or more fruits and veggies, reduce to 2 hours or less of recreational screen time, increase to 1 hour or more of physical activity, and drink 0 sugary beverages, more water and low-fat milk; and WHEREAS, County officials believe there are important, long-term community benefits to be gained by encouraging healthy lifestyles, including a decrease in overweight and obesity in Florida's adults and children and the associated negative health related impacts; and WHEREAS, cities and community partners can work together to ensure that there are safe places for residents to be active, such as in parks, ball fields, pools, gyms, and recreation centers; and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and planning for fresh food, open space, sidewalks, and parks should be a priority. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board challenges all local governments, businesses, students, parents and all residents to participate in the Healthy Weight Florida campaign to foster healthy weight and improve overall health, improve job and school performance and decrease work and school absenteeism. Duly adopted this 4th day of November, 2014 78 BOARD OF COUNTY COMMISSIONERS IN Dt7QN RIVER CQUNTY, Fk..0 DA Peter D. O'Bryan, Chairman Wesley S. Davis, Vice Chairman eph E. Flescher Bob Solari Tim 21 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services To: Thru: From: Michael C. Zito, Assistant County Administrator The Honorable Board of County Commissioners Joseph A. Baird, County Administrator Date: October 23, 2014 Subject: Temporary Closure of North County Aquatic Center and Corresponding Expansion of Hours at the Gifford Aquatic Center On September 23, 2014, the Board approved a contract with Weller Pools for a comprehensive repair and dewatering project at the North County Aquatic Center. The project will require closure of the facility commencing November 3, 2014, through the projected completion date of December 15, 2014. In order to minimize the impact to the public, staff has reassigned some personnel to the Gifford Aquatic Center which has converted to year round operations. As a result, the Gifford Aquatic Center will substantially adopt the regular operating schedule of the North County Aquatic Center during the repair project period. At the conclusion of the project, both facilities will return to their regular schedule as recently approved at the September, 2014 budget hearings. Special Hours of Operation during scheduled repairs: f November 3, 2014 to December 15, 2014 Gifford Aquatic Center 1 North County Aquatic Center NCAC offers two (2) pools to visit: SUNDAY 12:00 pm — 5:00 pm SUNDAY SUNDAY FACILITIES CLOSED MONDAY 6:00 am — 10:00 am CLOSED MONDAY FACILITIES CLOSED TUESDAY 10:00 am — 6:00 pm 6:00 am - 6:00 pm TUESDAY FACILITIES CLOSED WEDNESDAY 6:00 am - 6:00 pm TUESDAY WEDNESDAY FACILITIES CLOSED THURSDAY 10:00 am - 6:00 pm THURSDAY FACILITIES CLOSED FRIDAY 6:00 am - 6:00 pm 10:00 am - 6:00 pm FRIDAY FACILITIES CLOSED SATURDAY 10:00 am - 6:00 pm FRIDAY SATURDAY FACILITIES CLOSED Below, is the schedule for each facility for the remainder of the current fiscal year: Hours of Operation: !December 16, 2014 to March 31, 2015 Gifford Aquatic Center North County Aquatic Center F:\Assistant County Administrator\RECREATION\North County Aquatic Center\NCAC Repair closure.doc 22 NCAC offers two (2) pools to visit: COMPETITION POOL ACTIVITY POOL SUNDAY 12:00 pm — 5:00 pm SUNDAY 12:00 pm - 5:00 pm CLOSED MONDAY CLOSED MONDAY 6:00 am - 6:00 pm CLOSED TUESDAY 10:00 am — 6:00 pm TUESDAY 9:00 am - 6:00 pm CLOSED WEDNESDAY 10:00 am - 6:00 pm WEDNESDAY 6:00 am - 6:00 pm CLOSED THURSDAY 10:00 am - 6:00 pm THURSDAY 9:00 am - 6:00 pm CLOSED FRIDAY 10:00 am - 6:00 pm FRIDAY 6:00 am - 6:00 pm CLOSED SATURDAY 10:00 am - 6:00 pm SATURDAY 12:00 pm - 5:00 pm CLOSED F:\Assistant County Administrator\RECREATION\North County Aquatic Center\NCAC Repair closure.doc 22 Hours of Operation: April 1, 2015 to June 5, 2015 1 Gifford Aquatic Center i J North County Aquatic Center Date Center �'`� A,� NCAC offers two pools to visit: COMPETITION POOL ACTIVITY POOL SUNDAY 12:00 pm — 5:00 pm 12:00 pm — 5:00 pm SUNDAY 12:00 pm - 5:00 pm 12:00 pm - 5:00 pm MONDAY CLOSED CLOSED MONDAY 6:00 am - 6:00 pm CLOSED TUESDAY 10:00 am — 6:00 pm 10:00 am — 6:00 pm TUESDAY 9:00 am — 6:00 pm CLOSED WEDNESDAY 10:00 am - 6:00 pm 10:00 am - 6:00 pm WEDNESDAY 6:00 am - 6:00 pm CLOSED THURSDAY 10:00 am - 6:00 pm 10:00 am - 6:00 pm THURSDAY 9:00 am — 6:00 pm CLOSED FRIDAY 10:00 am - 6:00 pm 10:00 am - 6:00 pm FRIDAY 6:00 am - 6:00 pm CLOSED SATURDAY 10:00 am - 6:00 pm 10:00 am - 6:00 pm SATURDAY 12:00 pm - 5:00 pm 9:00 am — 5:00 pm Special Summer Hours of Operation are established during school summer break. Hours of Operation: June 6, 2015 to Start of the New School Year -2015-2016 1 Gifford Aquatic Center _ North County Aquatic Date Center �'`� A,� NCAC offers two pools to visit: NCAC offers two pools to visit: COMPETITION POOL ACTIVITY POOL SUNDAY 12:00 pm — 5:00 pm SUNDAY SUNDAY 12:00 pm - 5:00 pm **12:00 pm - 5:00 pm MONDAY CLOSED MONDAY MONDAY 6:00 am - 6:00 pm **12:00 pm - 5:00 pm TUESDAY 10:00 am — 6:00 pm TUESDAY TUESDAY 9:00 am - 6:00 pm **12:00 pm - 5:00 pm WEDNESDAY 10:00 am - 6:00 pm WEDNESDAY WEDNESDAY 6:00 am - 6:00 pm **12:00 pm - 5:00 pm THURSDAY 10:00 am - 6:00 pm THURSDAY THURSDAY 9:00 am - 6:00 pm **12:00 pm - 5:00 pm FRIDAY 10:00 am - 6:00 pm FRIDAY FRIDAY 6:00 am - 6:00 pm **12:00 pm - 5:00 pm SATURDAY 10:00 am - 6:00 pm SATURDAY SATURDAY 12:00 pm - 5:00 pm **9:00 am — 5:00 pm ** Activity Pool is open and staffed in the mornings for registered summer camp programs. The afternoons are open to general public. Hours of Operation: TBA(August) to September 30, 2015 - School back in session Gifford Aquatic Center _ North County Aquatic Center Date Administration �'`� A,� NCAC offers two pools to visit: COMPETITION POOL ACTIVITY POOL SUNDAY 12:00 pm — 5:00 pm i SUNDAY 12:00 pm - 5:00 pm 12:00 pm - 5:00 pm MONDAY CLOSED (0 MONDAY 6:00 am - 6:00 pm CLOSED TUESDAY 10:00 am — 6:00 pm / TUESDAY 9:00 am - 6:00 pm CLOSED WEDNESDAY 10:00 am - 6:00 pm WEDNESDAY 6:00 am - 6:00 pm CLOSED THURSDAY 10:00 am - 6:00 pm THURSDAY 9:00 am - 6:00 pm CLOSED FRIDAY 10:00 am - 6:00 pm FRIDAY 6:00 am - 6:00 pm CLOSED SATURDAY 10:00 am - 6:00 pm SATURDAY 12:00 pm - 5:00 pm 9:00 am — 5:00 pm Approved Agenda Item BY: \ /iCl Joseph A. Baird County Administrator FOR: )�' � ti� '�' �?"/ij/ Indian River Co. Approved Date Administration �'`� A,� --y.)%County Attorney oft i Budget (0 ' Department %- / a /9, Risk Management F:\Assistant County Administrator\RECREATION\North County Aquatic Center\NCAC Repair closure.doc 23 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 16, 2014 SUBJECT: APPROVAL OF WARRANTS October 10, 2014 to October 16, 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 10, 2014 to October 16, 2014. Attachment: DB: MS 24 CHECK NBR 318154 318155 318156 318157 318158 318159 318160 318161 318162 318163 318164 318165 318166 318167 318168 318169 318170 318171 318172 318173 318174 318175 318176 318177 318178 318179 318180 318181 318182 318183 318184 318185 318186 318187 318188 318189 318190 318191 318192 318193 318194 318195 318196 318197 318198 318199 318200 318201 318202 318203 318204 318205 318206 318207 318208 318209 318210 318211 CK DATE 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 CHECKS WRITTEN VENDOR PORT CONSOLIDATED INC JORDAN MOWER INC TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC ALARM PARTNERS VELDE FORD INC AT&T WIRELESS DATA FLOW SYSTEMS INC KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC REPUBLIC SERVICES OF FLORIDA AMERIGAS EAGLE PROPANE LP DAILY COURIER SERVICE INC GAYLORD BROTHERS INC NATIONAL FIRE PROTECTION ASSOC BOUND TREE MEDICAL LLC SCHULKE BITTLE & STODDARD LLC VERO INDUSTRIAL SUPPLY INC TIRESOLES OF BROWARD INC BARTH CONSTRUCTION INC XEROX CORP SUPPLIES GENERAL PART INC BLAKESLEE SERVICES INC JONAS SOFTWARE USA INC PRIZE POSSESSIONS PRECISION CONTRACTING SERVICES INC NEWSBANK INC PC WEATHER PRODUCTS INC RELIABLE POLY JOHN FLORIDA ASSOCIATION OF COUNTIES INC SUNSHINE REHABILATION CENTER OF IRC INC TINDALE-OLIVER & ASSOCIATES INC PING INC PST SERVICES INC CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY HEALTH DEPT CITY OF VERO BEACH APCO INTERNATIONAL, INC LIVINGSTON PAGE JANITORIAL DEPOT OF AMERICA INC ARTHUR J GALLAGHER RISK MGMT SERVICES ACUSHNET COMPANY INTERNATIONAL GOLF MAINTENANCE INC AQUAGENIX GEOSYNTEC CONSULTANTS INC INDIAN RIVER HABITAT INDIAN RIVER HABITAT IRC CHAMBER OF COMMERCE FEDERAL EXPRESS FEDERAL EXPRESS FAMOSO INC VERO HERITAGE INC CALLAWAY GOLF SALES COMPANY FLORIDA BUREAU OF EMERGENCY MEDICAL SRV FLORIDA POWER AND LIGHT ACUSHNET COMPANY NIKE USA INC AMOUNT 48,844.90 530.79 2,371.08 5,421.05 122.16 458.50 57.46 1,737.55 1,480.83 260.00 481,261.16 134.00 603.00 825.90 200.11 83.99 4,629.26 582.86 2,085.31 24,726.37 233.46 880.01 760.00 352.15 805.78 6,623.15 34,518.50 1,967.00 112.42 1,000.00 15.00 5,332.64 230.41 29,361.59 63.76 20,067.30 153.00 151,782.62 95.00 80.00 551.80 526.00 2,534.35 1,449.54 650.00 10,965.59 1,603.46 34,633.62 12,532.87 28.89 89.65 242.40 2,429.27 777.62 47.00 41,704.29 4,525.18 252.00 CHECK NBR 318212 318213 318214 318215 318216 318217 318218 318219 318220 318221 318222 318223 318224 318225 318226 318227 318228 318229 318230 318231 318232 318233 318234 318235 318236 318237 318238 318239 318240 318241 318242 318243 318244 318245 318246 318247 318248 318249 318250 318251 318252 318253 318254 318255 318256 318257 318258 318259 318260 318261 318262 318263 318264 318265 318266 318267 318268 318269 318270 318271 CK DATE 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 VENDOR AMOUNT JAMES GRAY JR 86.78 PUBLIC DEFENDER 6,243.80 STATE ATTORNEY 8,294.84 PEACE RIVER ELECTRIC COOP INC 360.00 NEW HORIZONS OF THE TREASURE COAST 22,812.83 TREASURE COAST CONSTRUCTION MGMT LLC 20,045.67 COMMUNITY ASPHALT CORP 382,179.03 SUNSHINE STATE ONE CALL OF FL INC 1,069.66 HOMELESS FAMILY CENTER INC 10,899.52 TREASURE COAST SPORTS COMMISSION INC 4,000.00 HENRY SMITH 110.00 ALAN C KAUFFMANN 40.00 G K ENVIRONMENTAL INC 1,540.00 BANK OF NEW YORK 2,275.00 AIRGAS CARBONIC INC 2,967.35 C & C ELECTRIC WORKS INC 5,964.00 LELCO FB TALLAHASSEE LLL 402.00 SIMPLEXGRINNELL LP 3,800.72 CAROLINA SOFTWARE INC 500.00 DAVIDSON FORD LTD 40,700.34 RUSSELL PAYNE INC 366.45 CELICO PARTNERSHIP 1,842.42 CINTAS CORPORATION NO 2 253.15 VAN WAL INC 926.00 JOSEPH W VASQUEZ 110.00 ANNIE SMITH PRYOR 50.00 ALAN HILL 246.32 PAK MAIL CENTER 33.03 CENTRAL PUMP & SUPPLY INC 40.06 MASTELLER & MOLER INC 2,100.00 RICHARD M HERREN 213.60 STANLEY CONSULTANTS INC 2,993.15 SUPREME INTERNATIONAL LLC 324.75 JOHNNY B SMITH 110.00 DANE MACDONALD 30.00 BRIAN FREEMAN 14.24 RICHARD K DAVIS CONST CORP 6,801.00 BENNETT AUTO SUPPLY INC 728.11 FLEETBOSS G P S INC. 25,517.40 YOUTH GUIDANCE DONATION FUND 625.00 EQ THE ENVIRONMENTAL QUALITY COMPANY 14,063.60 YOLANDA BELL 50.00 KNAPHEIDE TRUCK EQUIPMENT SOUTHEAST 422.26 BACKFLOW SOLUTIONS INC 495.00 SYMANTEC CORP 995.00 INEOS NEW PLANET BIOENERGY LLC 68,153.68 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 STERLING WATER TECHNOLOGIES LLC 3,641.39 KEMPER BUSINESS SYSTEMS 7.54 JUNIOR LEAGUE OF INDIAN RIVER INC 1,586.00 MURPHY & WALKER P L 7,065.31 SAFETY SCHELL CORPORATION 86.75 DELRAY MOTORS 565.79 OVERDRIVE INC 3,193.98 FCC ENVIRONMENTAL LLC 69.49 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 STATE OF FL DEPT OF ECONOMIC OPPORTUNITY 175.00 JMC SERVICES INC 97.00 WRIGHT EXPRESS FSC 24,543.88 MILNER DISTRIBUTION ALLIANCE 114.90 26 CHECK NBR 318272 318273 318274 318275 318276 318277 318278 318279 318280 318281 318282 318283 318284 318285 318286 318287 318288 318289 318290 318291 318292 318293 318294 318295 318296 318297 318298 318299 318300 318301 318302 318303 318304 318305 318306 318307 318308 318309 318310 318311 318312 318313 318314 318315 318316 318317 318318 318319 318320 318321 318322 318323 318324 318325 318326 318327 318328 318329 318330 318331 CK DATE 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 VENDOR AMOUNT VINCENT BURKE 15.00 CLEAN SWEEP & VAC LLC 4,372.80 REPROGRAPHIC SOLUTIONS INC 5.04 BRYAN KLASSEN 450.00 LOWES HOME CENTERS INC 463.75 LABOR READY SOUTHEAST INC 20,930.04 CARDINAL HEALTH 110 INC 430.18 CARDINAL HEALTH 110 INC 97.93 CANON SOLUTIONS AMERICA INC 4,721.64 BURNETT LIME CO INC 3,255.00 SCADA SOLUTIONS LLC 3,000.00 CALDWELL PACETTI EDWARDS 4,090.72 SUN MOUNTAIN SPORTS INC 846.00 KRAUS ASSOCIATES INC 5,157.00 KANSAS STATE BANK OF MANHATTAN 138.40 VINCENT OUTLER 60.00 SUMMIT CONSTRUCTION OF VERO BEACH LLC 18,850.00 BAYSHORE CONSTRUCTION INC 53,550.00 FLORIDA DESIGN DRILLING CORP 10,840.14 ENTRIX INC 775.00 THE LAW OFFICES OF JENNIFER D PESHKE PA 2,027.00 AXIS DATA SOLUTIONS INC 1,389.34 DJS DISTRIBUTING INC 649.00 BERNARD EGAN & COMPANY 8,293.24 DE MOYA GROUP INC 19,800.00 ADY VOLTEDGE 14,000.00 BRYAN CAVE LLP 638.70 LANGHAM CONSULTING SERVICES INC 7,410.00 TONY MCCLOUD 30.00 PROFESSIONAL GOLF BALL SERVICES LTD 2,862.50 CHRISTINE VACCARO 10.00 JUDITH GRAZIOSI 50.00 BANACK FAMILY LP 7,500.00 ALAMO RENT A CAR 507.65 COX COLLEEN 170.00 DATABASES USA LLC 6,336.00 A CROSS LAW PA 7,955.15 UTIL REFUNDS 40.68 UT1L REFUNDS 13.13 UTIL REFUNDS 162.83 UTIL REFUNDS 61.70 UTIL REFUNDS 32.98 UTIL REFUNDS 90.68 UTIL REFUNDS 26.54 UTIL REFUNDS 65.23 UTIL REFUNDS 44.98 UT1L REFUNDS 66.01 UTIL REFUNDS 40.54 UTIL REFUNDS 13.20 UTIL REFUNDS 74.54 UTIL REFUNDS 56.76 UTIL REFUNDS 65.76 UTIL REFUNDS 68.24 UTIL REFUNDS 53.48 UTIL REFUNDS 21.57 UTIL REFUNDS 26.67 UTIL REFUNDS 46.88 UTIL REFUNDS 26.99 UTIL REFUNDS 18.14 UTIL REFUNDS 29.26 27 CHECK NBR 318332 318333 318334 318335 318336 318337 318338 318339 318340 318341 318342 318343 318344 318345 318346 318347 318348 318349 318350 318351 318352 318353 318354 318355 318356 318357 318358 318359 318360 318361 318362 318363 318364 318365 318366 318367 318368 318369 318370 318371 318372 318373 318374 318375 318376 318377 318378 318379 318380 318381 318382 318383 318384 318385 318386 318387 318388 318389 318390 318391 CK DATE 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 73.78 69.08 18.53 59.07 38.82 68.52 5.79 36.57 51.16 8.75 141.27 80.47 31.22 41.50 27.67 15.49 72.16 60.59 36.77 31.15 9.69 23.86 30.57 32.18 20.74 35.92 46.30 72.01 50.32 35.38 28.28 15.55 83.41 130.85 21.61 73.74 27.84 33.24 74.98 475.54 80.69 46.71 73.74 19.30 218.72 49.50 41.77 69.02 42.05 78.32 28.56 4.74 20.96 19.45 90.56 62.59 75.96 62.67 37.66 83.41 d • • CHECK NBR 318392 318393 318394 318395 318396 318397 318398 318399 318400 318401 318402 318403 318404 318405 318406 318407 318408 318409 318410 318411 318412 318413 318414 318415 318416 318417 318418 318419 318420 318421 318422 318423 318424 318425 318426 318427 318428 318429 318430 318431 318432 318433 318434 Grand Total: CK DATE 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 10/16/2014 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 41.43 54.09 21.22 14.50 35.74 67.74 11.69 16.78 3.49 76.73 3.87 13.50 87.00 8.08 38.92 46.88 41.69 67.27 19.03 21.88 69.18 32.32 33.28 36.02 51.82 84.63 63.16 100.00 54.27 17.20 82.28 81.48 80.86 12.78 348.54 48.67 49.60 29.48 78.47 36.70 7.11 38.91 65.07 1,848,100.51 29 TRANS.NBR 1004968 1004969 1004970 1004971 1004972 1004973 1004974 1004975 1004976 1004977 1004978 1004979 1004980 1004981 1004982 1004983 1004984 1004985 1004986 1004987 1004988 1004989 1004990 1004991 1004992 1004993 1004994 1004995 1004996 1004997 1004998 1004999 1005000 1005001 1005002 1005003 1005004 1005005 1005006 1005007 1005008 1005009 1005010 1005011 1005012 1005013 1005014 1005015 1005016 1005017 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 10/10/201, 10/10/201, 10/10/201 10/14/201, 10/14/201 10/14/201, 10/14/201, 10/14/201, 10/14/201, 10/14/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201 10/16/201, 10/16/201 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, 10/16/201, VENDOR HARRIS SANITATION INC AT&T OFFICE DEPOT BSD CUSTOMER SVC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC ARAMARK UNIFORM & CAREER APPAREL LLC CENGAGE LEARNING CORPORATION COMMUNITY ASPHALT CORP AUTO PARTNERS LLC EVERGLADES FARM EQUIPMENT CO INC PRAXAIR DISTRIBUTION SOUTHEAST LLC NORTH SOUTH SUPPLY INC SAFETY PRODUCTS INC LIGHTSOURCE IMAGING SOLUTIONS LLC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC CENTER POINT INC ALLIED UNIVERSAL CORP HOMELAND IRRIGATION THE EXPEDITER HILL MANUFACTURING CO INC GROVE WELDERS INC CENGAGE LEARNING CORPORATION SVI SYSTEMS INC SEBASTIAN OFFICE SUPPLY CO COMMUNITY ASPHALT CORP MT LIBRARY SERVICES CORPORATION FERGUSON ENTERPRISES INC ROGER CLEVELAND GOLF INC SCRIPPS TREASURE COAST PUBLISHING LLC SIEMENS INDUSTRY INC COMPLETE ELECTRIC INC BARKER ELECTRIC, AIR CONDITIONING RECHTIEN INTERNATIONAL TRUCKS ITERIS INC COPYTRONICS INC CAPITAL OFFICE PRODUCTS MOBILE PRO SHOP METRO FIRE PROTECTION SERVICES INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC L&L DISTRIBUTORS S & S AUTO PARTS STAT MEDICAL DISPOSAL INC PACE ANALYTICAL SERVICES INC BERMUDA SANDS APPAREL LLC JDA SYSTEMS AMOUNT 78,662.89 7,935.75 950.43 479.31 91.49 55.00 781.30 6,003.00 93.84 59.66 1,063.48 44.56 133.00 3,260.00 85.75 787.40 3,175.20 7,225.00 4,896.33 115.60 5,794.32 8,823.99 251.11 204.16 189.00 276.83 12,861.14 198.00 56.21 444.04 4,584.00 220.40 2,016.46 447.36 681.00 384.50 5,123.00 63.84 1,600.00 76.35 156.22 1,159.00 3 97.3 5 270.50 133.14 850.49 570.00 7,274.20 878.52 275.00 172,159.12 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3225 10/10/201, FL SDU 7,954.40 3226 10/10/201, BENEFITS WORKSHOP 1,163.64 3227 10/10/201, BENEFITS WORKSHOP 3,462.60 3228 10/10/201, FLORIDA LEAGUE OF CITIES, INC 5,644.83 3229 10/10/201, IRC FIRE FIGHTERS ASSOC 6,180.00 3230 10/10/201, NACO/SOUTHEAST 27,078.13 3231 10/10/201, NACO/SOUTHEAST 522.75 3232 10/10/201, ICMA RETIREMENT CORPORATION 9,626.43 3233 10/10/201, ICMA RETIREMENT CORPORATION 2,155.84 3234 10/10/201, R J SULLIVAN CORP 44,782.20 3235 10/10/201, CLOSE CONSTRUCTION LLC 818,125.72 3236 10/10/201, KIMLEY HORN & ASSOC INC 11,150.14 3237 10/10/201, CDM SMITH INC 10,014.00 3238 10/14/201, IRS -PAYROLL TAXES 7,025.53 3239 10/14/201, IRS -PAYROLL TAXES 352,357.87 3240 10/15/201, SENIOR RESOURCE ASSOCIATION 255,979.85 Grand Total: 1,563,223.93 31 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: FROM: DIANE BERNARDO, FINANCE DIRECTIR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: October 23, 2014 HONORABLE BOARD OF COUNTY COMMISSIONERS SUBJECT: APPROVAL OF WARRANTS October 17, 2014 to October 23, 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 17, 2014 to October 23, 2014. Attachment: DB: MS 32 CHECK NBR 318435 318436 318437 318438 318439 318440 318441 318442 318443 318444 318445 318446 318447 318448 318449 318450 318451 318452 318453 318454 318455 318456 318457 318458 318459 318460 318461 318462 318463 318464 318465 318466 318467 318468 318469 318470 318471 318472 318473 318474 318475 318476 318477 318478 318479 318480 318481 318482 318483 318484 318485 318486 318487 318488 318489 318490 318491 318492 CHECKS WRITTEN CK DATE VENDOR AMOUNT 10/23/2014 PORT CONSOLIDATED INC 519.01 10/23/2014 DON REID FORD 29,980.00 10/23/2014 JORDAN MOWER INC 1,123.84 10/23/2014 CHISHOLM CORP OF VERO 5,222.20 10/23/2014 AT&T WIRELESS 1,057.90 10/23/2014 DATA FLOW SYSTEMS INC 459.00 10/23/2014 DELTA SUPPLY CO 153.59 10/23/2014 E -Z BREW COFFEE & BOTTLE WATER SVC 60.94 10/23/2014 KELLY TRACTOR CO 802.86 10/23/2014 GENES AUTO GLASS INC 625.00 10/23/2014 SAFETY KLEEN SYSTEMS INC 179.10 10/23/2014 GRAYBAR ELECTRIC 350.08 10/23/2014 REPUBLIC SERVICES OF FLORIDA 121.55 10/23/2014 MCMASTER CARR SUPPLY CO 188.58 10/23/2014 GAYLORD BROTHERS INC 112.62 10/23/2014 INDIAN RIVER MEDICAL CENTER 11,200.00 10/23/2014 HACH CO 53.74 10/23/2014 SWE INC 325.00 10/23/2014 HD SUPPLY WATERWORKS, LTD 7,358.05 10/23/2014 BOUND TREE MEDICAL LLC 1,121.97 10/23/2014 PETES CONCRETE 600.00 10/23/2014 EGP INC 206.70 10/23/2014 VERO INDUSTRIAL SUPPLY INC 158.01 10/23/2014 FIRESTONE COMPLETE AUTO CARE 1,121.36 10/23/2014 CALL ONE INC 255.88 10/23/2014 GENERAL PART INC 3,038.50 10/23/2014 GOODYEAR AUTO SERVICE CENTER 789.68 10/23/2014 MIDWEST TAPE LLC 139.13 10/23/2014 K & M ELECTRIC SUPPLY 196.14 10/23/2014 LINDSEY GARDENS APARTMENTS 400.00 10/23/2014 CREATIVE CHOICE HOMES XVI LTD 496.00 10/23/2014 INDIAN RIVER COUNTY HEALTH DEPT 13,188.00 10/23/2014 CITY OF VERO BEACH 21,761.83 10/23/2014 ILLINOIS STATE DISBURSEMENT UNIT 142.32 10/23/2014 CHAPTER 13 TRUSTEE 478.38 10/23/2014 UNITED WAY OF INDIAN RIVER COUNTY 763.94 10/23/2014 UNITED PARCEL SERVICE INC 10.57 10/23/2014 FLORIDA DEPARTMENT OF BUSINESS AND 8,455.13 10/23/2014 INDIAN RIVER COUNTY SHERIFF 58,669.02 10/23/2014 UNITED STATES POSTAL SERVICE 232.00 10/23/2014 LIVINGSTON PAGE 60.00 10/23/2014 JANITORIAL DEPOT OF AMERICA INC 3,554.57 10/23/2014 FLORIDA FISH & WILDLIFE 4,396.40 10/23/2014 HUMANE SOCIETY 32,070.00 10/23/2014 PUBLIX SUPERMARKETS 129.70 10/23/2014 PUBLIX SUPERMARKETS 93.00 10/23/2014 WAL MART STORES EAST LP 122.15 10/23/2014 ACUSHNET COMPANY 4,411.83 10/23/2014 EXCHANGE CLUB CASTLE 3,591.04 10/23/2014 WEST PUBLISHING CORPORATION 396.00 10/23/2014 STANDARD & POORS FINANCIAL SERVICES LLC 3,732.90 10/23/2014 ELIZABETH MARTIN 160.56 10/23/2014 DON LAWLESS 20.00 10/23/2014 CITY OF SEBASTIAN 20,463.68 10/23/2014 SPRINT SPECTRUM LP 65.19 10/23/2014 FLORIDA POWER AND LIGHT 102,616.30 10/23/2014 FLORIDA POWER AND LIGHT 365.35 10/23/2014 FLORIDA POWER AND LIGHT 5,024.64 1 CHECK NBR 318493 318494 318495 318496 318497 318498 318499 318500 318501 318502 318503 318504 318505 318506 318507 318508 318509 318510 318511 318512 318513 318514 318515 318516 318517 318518 318519 318520 318521 318522 318523 318524 318525 318526 318527 318528 318529 318530 318531 318532 318533 318534 318535 318536 318537 318538 318539 318540 318541 318542 318543 318544 318545 318546 318547 318548 318549 318550 318551 318552 CK DATE 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 VENDOR ACUSHNET COMPANY IRC HOUSING AUTHORITY CITY OF FELLSMERE CATHOLIC CHARITIES DIOCESE OF PALM BCH LANGUAGE LINE SERVICES INC JASON E BROWN FLORIDA DEPT OF ENVIRONMENTAL PROTECTION DOCUMED SYSTEMS INTERNATIONAL INC TREASURE COAST SPORTS COMMISSION INC PROPERTY DAMAGE APPRAISERS AARP INSURANCE GERALD A YOUNG SR GREY HOUSE PUBLISHING HENRY SMITH INTERNATIONAL ASSOCIATION OF KURT STEFFEN ALAN C KAUFFMANN CIGNA ALLSTATE CHILDRENS HOME SOCIETY OF FL BLUE CROSS BLUE SHIELD AIRGAS CARBONIC INC TIM GEIB FLORIDA SHORE & BEACH PRESERVATION PINNACLE GROVE LTD VERO CLUB PARTNERS LTD HAYTH,HAYTH & LANDAU FORT PIERCE HOUSING AUTHORITY FLGOLF INC THE PALMS AT VERO BEACH PERKINS COMPOUNDING PHARMACY RUSSELL PAYNE INC CELICO PARTNERSHIP TMQ INC VAN WAL INC JOSEPH W VASQUEZ BIG BROTHERS AND BIG SISTERS NEW WORLD SYSTEMS CORPORATION OCLC ONLINE COMPUTER LIBRARY CENTER MICHAEL ZITO AWERBACH & COHN PA ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT LARRY STEPHENS JOSE RIVERA CAROLE J MADIGAN 1ST FIRE & SECURITY INC KENNY CAMPBELL JR PETER OBRYAN HIBU INC JOHNNY B SMITH SAINT EDWARDS SCHOOL INC DANE MACDONALD CHARLES A WALKER REDLANDS CHRISTIAN MIGRANT ASSOC LAZY J LLC KRISTIN DANIELS K'S COMMERCIAL CLEANING TRITEL INC AMOUNT 1,340.15 246.00 23.27 4,291.07 247.03 273.00 650.00 8,500.00 5,422.28 95.00 8.88 60.00 199.00 190.00 360.00 30.00 120.00 437.26 246.08 1,000.00 831.15 2,891.48 60.00 6,500.00 500.00 947.00 125.00 736.58 1,480.56 688.00 124.63 229.74 372.97 855.00 100.00 190.00 1,250.00 31,160.00 397.67 126.32 9,037.45 238.77 242.00 135.03 100.00 20.00 560.00 242.00 80.00 129.49 251.00 110.00 2,225.00 110.00 120.00 1,502.61 450.00 104.00 980.00 99.00 34 CHECK NBR 318553 318554 318555 318556 318557 318558 318559 318560 318561 318562 318563 318564 318565 318566 318567 318568 318569 318570 318571 318572 318573 318574 318575 318576 318577 318578 318579 318580 318581 318582 318583 318584 318585 318586 318587 318588 318589 318590 318591 318592 318593 318594 318595 318596 318597 318598 318599 318600 318601 318602 318603 318604 318605 318606 318607 318608 318609 318610 318611 318612 CK DATE VENDOR 10/23/2014 COUNTY NEWS INC 10/23/2014 SANDY ARACENA 10/23/2014 FLORIDA MEDICAID 10/23/2014 ROBIN MILLER 10/23/2014 WITTENBACH BUSINESS SYSTEMS INC 10/23/2014 WOERNER DEVELOPMENT INC 10/23/2014 ATLANTIC COASTAL LAND TITLE CO LLC 10/23/2014 HIGHERGROUND INC 10/23/2014 YOUR AQUA INSTRUCTOR LLC 10/23/2014 DELRAY MOTORS 10/23/2014 OVERDRIVE INC 10/23/2014 NORRIS HOST 10/23/2014 FLORIDA ENVIRONMENTAL CONSULTING INC 10/23/2014 RAYMOND J DUCHEMIN 10/23/2014 RICOH PRINTING SYSTEMS AMERICA,INC 10/23/2014 KEITH GROCHOLL 10/23/2014 JMC SERVICES INC 10/23/2014 PRESSURE WORLD INC 10/23/2014 GFA INTERNATIONAL INC 10/23/2014 YP LLC 10/23/2014 EISINGER - SMITH INC 10/23/2014 EQUIPMENT 911 LLC 10/23/2014 NEWSOM OIL COMPANY 10/23/2014 TIM ZORC 10/23/2014 LOWES HOME CENTERS INC 10/23/2014 CARDINAL HEALTH 110 INC 10/23/2014 CARDINAL HEALTH 110 INC 10/23/2014 PPG ARCHITECTURAL FINISHES INC 10/23/2014 ADAMS FENCE 2 LLC 10/23/2014 ALEX MIKLO 10/23/2014 BURNETT LIME CO INC 10/23/2014 KANSAS STATE BANK OF MANHATTAN 10/23/2014 VINCENT OUTLER 10/23/2014 CHEMTRADE CHEMICALS CORPORTATION 10/23/2014 WADE WILSON 10/23/2014 DUININCK INC 10/23/2014 REFLECTION POOL SERVICE INC 10/23/2014 FAMILY SUPPORT REGISTRY 10/23/2014 KESSLER CONSULTING INC 10/23/2014 RICHARD BEECHER 10/23/2014 JEFF PASSARETTI 10/23/2014 AXIS DATA SOLUTIONS INC 10/23/2014 INTERCON SOLUTIONS INC 10/23/2014 BRYAN CAVE LLP 10/23/2014 TONY MCCLOUD 10/23/2014 BARBARA L SIEGRIST 10/23/2014 UMWA HEALTH RETIREMENT FUNDS 10/23/2014 VAL APTS LLC 10/23/2014 THE CATS MEOW CAT CLINIC PLLC 10/23/2014 MARGIE L COOKSEY 10/23/2014 BLAINE G CUSTER 10/23/2014 ROGER HARRINGTON 10/23/2014 PONGPAT INTOUVICHAI 10/23/2014 RHODA H LEWIS 10/23/2014 SAMUEL LATORRE 10/23/2014 PAMELA R FARR 10/23/2014 MARY HARTMAN 10/23/2014 SANDRA HOGAN 10/23/2014 CHARLES JEFFERSON 10/23/2014 SOCRATES FESTIN AMOUNT 339.99 60.00 357.00 60.12 269.41 193.00 150.00 37,138.63 80.00 13.24 1,093.32 180.13 2,833.34 80.00 1,170.00 60.00 292.44 630.00 4,056.50 137.80 892.76 525.00 526.90 204.63 1,248.43 1,549.72 102.58 982.00 75.00 60.00 3,221.40 1,028.97 30.00 2,593.52 60.00 70,480.00 1,190.00 9.66 1,947.50 60.00 60.00 16,192.72 3,430.25 26,975.60 30.00 99.68 302.47 400.00 7.00 44.66 79.00 600.69 155.00 60.00 53.70 50.00 9.01 41.60 91.34 22.70 35 CHECK NBR 318613 318614 318615 318616 318617 318618 318619 318620 318621 318622 318623 318624 318625 318626 318627 318628 318629 318630 318631 318632 318633 318634 318635 318636 318637 318638 318639 318640 318641 318642 318643 318644 318645 318646 318647 318648 318649 318650 318651 318652 318653 318654 318655 318656 318657 318658 318659 318660 Grand Total: CK DATE 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 10/23/2014 VENDOR THOMAS J CAMPANO HOLE IN WON.COM UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 219.03 375.00 119.07 45.45 2.15 1.17 8.40 85.18 78.48 12.48 78.32 63.04 50.41 88.42 10.62 15.49 59.07 43.97 38.49 19.55 40.13 24.30 64.44 11.94 75.78 20.65 27.02 71.77 60.48 50.91 247.30 83.85 11.13 9.81 67.35 20.82 50.58 85.58 208.18 40.60 11.42 67.60 20.10 10.33 72.79 65.23 106.32 13.10 631,174.11 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1005018 10/16/201, WASTE MANAGEMENT INC 2,364.92 1005019 10/22/201, PRAXAIR DISTRIBUTION SOUTHEAST LLC 300.10 1005020 10/22/201, ROBINSON EQUIPMENT COMPANY INC 577.60 1005021 10/22/201, APPLE INDUSTRIAL SUPPLY CO 517.07 1005022 10/22/201, ST LUCIE BATTERY & TIRE CO 714.00 1005023 10/22/201, ABCO GARAGE DOOR CO INC 208.00 1005024 10/22/201, ALLIED UNIVERSAL CORP 2,650.72 1005025 10/22/201, SOUTHERN COMPUTER WAREHOUSE 99.60 1005026 10/22/201, ROGER CLEVELAND GOLF INC 183.00 1005027 10/22/201, PERKINS INDIAN RIVER PHARMACY 98.90 1005028 10/22/201, SCRIPPS TREASURE COAST PUBLISHING LLC 936.00 1005029 10/22/201, BARKER ELECTRIC, AIR CONDITIONING 85.00 1005030 10/22/201, SOUTHERN PLUMBING INC 9,048.00 1005031 10/22/201, SOUTHERN JANITOR SUPPLY INC 2,028.89 1005032 10/22/201, BENNETT AUTO SUPPLY INC 292.69 1005033 10/22/201, BERMUDA SANDS APPAREL LLC 2,785.93 1005034 10/22/201, EVERGLADES FARM EQUIPMENT CO INC 922.38 1005035 10/22/201, INDIAN RIVER BATTERY 2,563.30 1005036 10/22/201, INDIAN RIVER OXYGEN INC 81.25 1005037 10/22/201, MIKES GARAGE & WRECKER SERVICE INC 125.00 1005038 10/22/201, MEEKS PLUMBING INC 134.00 1005039 10/22/201, THE EXPEDITER 122.55 1005040 10/22/201, GROVE WELDERS INC 1,026.39 1005041 10/22/201, ARAMARK UNIFORM & CAREER APPAREL LLC 964.76 1005042 10/22/201, JOHNSON CONTROLS INC 244.00 1005043 10/22/201, FIRST HOSPITAL LABORATORIES INC 1,224.00 1005044 10/22/201, DEERE & COMPANY 1,302.28 1005045 10/22/201, FERGUSON ENTERPRISES INC 9,465.22 1005046 10/22/201, ESRI INC 6,200.00 1005047 10/22/201, FLAGLER CONSTRUCTION EQUIPMENT LLC 324.77 1005048 10/22/201, GREAT SOUTHERN CONSTRUCTION 112.01 1005049 10/22/201, JOHN DEERE LANDSCAPES 367.70 1005050 10/22/201, METRO FIRE PROTECTION SERVICES INC 2,285.61 1005051 10/22/201, MUNICIPAL WATER WORKS INC 243.58 1005052 10/22/201, L&L DISTRIBUTORS 329.50 1005053 10/22/201, CCG SYSTEMS INC 7,425.27 1005054 10/22/201, S & S AUTO PARTS 163.34 Grand Total: 58,517.33 37 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 3241 10/17/201, ELITE TITLE 20,000.00 3242 10/17/201, SCHOOL DISTRICT OF I R COUNTY 52,170.00 3243 10/17/201, KIMLEY HORN & ASSOC INC 1,650.00 3244 10/17/201, CDM SMITH INC 12,372.00 3245 10/20/201, VEROTOWN LLC 30,132.29 3246 10/21/201, DOAK S CAMPBELL III 15,000.00 3247 10/23/201, COLLINS, BROWN, CALDWELL, BARKETT, 32,149.22 Grand Total: 163,473.51 38 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Diane Bernardo, Finance Director C,& THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: October 24, 2014 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 09/30/2014 07,4 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on October 23, 2014. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County Approved Date Administrator 4144 /CJx0- County Attorney ;46, - -- Budget It 0144 Department Risk Management 39 C O CUV 3 O 0 a, N 7 0 To 0 O o. 0) 0 O O O pO O CY) en N N n n 0) - Z 7 L0 N t0 Lo (o YO xro N (>. la ... x N -0 F~ v '+J cu oOco E '� o O 23 al a (o 2 H n 2 a) L �-) — 7 Y a) co j .7i1 a O v 'U M N 0 co N ,E -�O 7 m co E v) s Y v n J n v Ln c 0 a` Lit to T)- ° 3° a 7 v_ y v v s N Y . N Ln 01 01 LO N 00 'ct CO LI1 03 CO Mf 1 Lfl N e -i N� N m m m N 01 01 a co 01 L6 0 N co O O Cr/ -i N O 0 0 Ln 00 0 O .1 C O H m rocs' tom N- N O 01 r.ri co Lil O N 1A 00 01 ' Ln O -1 . N LN d ,-+ N V co Cf .-i L/1 .-1 .-i a CI37 Q CO 3 Cr (0 N x (6 (O (0 00W 7 7 1.i 7 7 U 00 C v) C 00 0 C C OA 0.0 o C C o > U- > > O� > > t7 > > O-4 Long -Term Portion Total O 8 N m 00 00 O .. ti 1/f Portfolio Total v E 0) :4 Y O > 0) 0) Z 0 (0 m a) L O a 00 -1 0 N O m 0) 0) a 0) 0) 0) 00 CO H SHORT TERM PORTION 100% cash equivalents d Q W 0 N 40% Fixed Debt Securities 10% Cash Equivalents Benchmark 00 a O Performance L N h N N 4E'L -C L C C C CC E EEEE N N N N O O O O Short -Term Portion 0 O n t0 -c C 0 E N Lf) LD Total Portfolio (Blended) 40 BNY MELLON The Bank of New York Melton Trust Company. N.A. ,DIAN RIVER COUNTY TTN: FINANCE DIRECTOR 1801 27TH ST BLDG A VERO BEACH FL 32960-3388 Go Paperless. Securely access your account online to view your statements. Ask your BNY Mellon contact how we can help you access your accounts, enter your own transactions or submit an audit confirmation online. Also be sure to ask how Connect(SM), our new web -based, single sign -on platform can help you go paperless. Visit us at www.bnymellon.com Account Overview Account Statement Statement Period 10/01/2013 Through 09/30/2014 Account 1111111) INDIAN RIVER CO OPEB TRUST ADMINISTRATIVE CONTACT: CLAYTON WOODARD 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-998-4743 CLAYTON.WOODARD@BNYMELLON.COM ADMINISTRATIVE CONTACT COURTNEY LABERGE 10161 CENTURION PARKWAY JACKSONVILLE, FL 32256 904-645-1964 LABERGE@BNYMELLON.COM summary of Assets Held Percent of all Investments 60% 0 40% <1% 100% Asset Claasification EQUITY FIXED INCOME CASH AND SHORT TERM TOTAL OF ALL INVESTMENTS Market Value 8,383,700.22 5,647,868.86 7,262.87 14,038,831.95 estsaet Classification Market Value Cost Accrued Income Est Annual Income Market Yield EQUITY FIXED INCOME CASH AND SHORT TERM 8,383,700.22 5,647,868.86 7,262.87 ACCOUNT TOTALS 14,038,831.95 Summary of Cash Transactions 6,038,758.80 4,399,141 .55 7,262.87 10,445,163.22 0.00 0.00 0.00 155,240.83 41,285.30 0.73 1.85% 0.73% 0.01% 0.00 196,526.86 1.39% Transaction Category Current Period Income Principal Realized Gains/Losses Year -to -Date Income Principal OPENING BALANCE DIVIDENDS SALES AND REDEMPTIONS OTHER CASH ADDITIONS PAYMENTS AND WITHDRAWALS OTHER CASH DISBURSEMENTS PURCHASES 0.00 178,462.63 0.00 0.00 178,462.63 - 0.00 0.00 0.00 0.00 3,451,889.02 3,618,220.42 1,724,784.00 - 990.00 5,344,335.44 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00 127,821.27 0.00 0.00 127,821.27 - 0.00 0.00 0.00 0.00 3,134,009.77 2,817,839.49 1,724,784.00 - 990.00 - 4,226,075.26 - CLOSING BALANCE 0.00 0.00 0.00 The above cash transactions summary is provided for information purposes only and may not reflect actual taxable Income or deductible expenses as reportable under the Internal Revenue Code. 0.00 0.00 Page 15 of 64 Page 1 of 30 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director 6;76') THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: October 24, 2014 610 SUBJECT: Quarterly Investment Report for Quarter Ending 09/30/2014 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of this fiscal year. This report was reviewed by our investment advisory committee on October 23, 2014. SBA Update During the quarter the remaining account balance of $58,358 was withdrawn from Fund B. The account is closed. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County Approved Date Administrator ,e S %;, { 7I/I County Attorney Budget 101 j Department Risk Management 7.1 42 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2014 through September 30, 2014 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Executive Vice President with CenterState Bank. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, State of Florida Local Government Surplus Funds Trust Fund (SBA) (for existing funds only), Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in short-term treasury bills and agencies. 43 INVESTMENT ACTIVITY As of September 30, 2014 the investments portfolio book value was $279,871,584 with a market value of $279,977,960. Of the $279,871,584, portfolio total, $250,782,379 is restricted for the following purposes: $ 63,159,656 Special revenue projects $ 2,470,454 Debt payments for county bonds $ 53,481,274 Capital projects $ 128,772,323 Business -type activities $ 2,898,672 Escrow Funds $ 250,782,379 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow Revenue 1% 25% Capital Business- Projects Type 21% 52% Debt Service 1% The weighted average maturity of the investments as of September 30, 2014 is 12 months. Yields on the individual investments ranged from 0.08% to 0.70%. The overall average yield for the quarter was 0.31%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2014: Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Portfolio sorted by type of debt instrument Portfolio sorted by maturity date Portfolio by maturity date bar graph Portfolio by type pie chart Investment purchases, calls and maturities for the quarter Summary of cash flows and balances by month Interest earnings summary Allocation of investments by fund types (unrestricted and restricted balances) 44 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2014 09/30/14 Coupon/ Purchase Maturity Years To Yield To Original Portfolio °"+*rrestment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value FFCB Bullet 3133EA6W3 0.270% 11/05/12 11/05/14 0.10 0.270% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ECCM4 0.250% 01/14/13 11/14/14 0.12 0.250% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EC2X1 0.270% 11/19/12 11/19/14 0.14 0.270% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ECFJ8 0.250% 02/14/13 01/30/15 0.33 0.250% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ECEC4 0.280% 02/04/13 02/04/15 0.35 0.280% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EC5Q3 0.330% 12/03/12 03/16/15 0.46 0.330% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EC4A9 0.300% 11/23/12 04/15/15 0.54 0.300% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 0.60 0.220% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EC6F6 0.350% 12/05/13 06/01/15 0.67 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ED4A7 0.375% 10/07/13 10/07/15 1.02 0.375% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ED6J6 0.350% 11/04/13 11/04/15 1.10 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDGM8 0.350% 03/10/14 03/10/16 1.44 0.350% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EDEC2 0.550% 01/28/14 04/28/16 1.58 0.550% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133EDMN9 0.375% 06/02/14 06/02/16 1.67 0.375% $ 2,000,000.00 $ 2,000,000.00 FFCB Callable 3133EDGH9 0.430% 03/06/14 06/06/16 1.68 0.430% $ 2,000,000.00 $ 2,000,000.00 $ 30,000,000.00 $ 30,000,000.00 10.97% FHLB Disc 313885J23 0.080% 01/27/14 10/03/14 0.01 0.080% $ 2,000,000.00 $ 1,998,893.33 FHLB Bullet 313382ML4 0.230% 04/08/13 10/08/14 0.02 0.230% $ 2,000,000.00 $ 2,000,000.00 FHLB Bullet 313382MM2 0.230% 04/15/13 10/15/14 0.04 0.230% $ 2,000,000.00 $ 2,000,000.00 FHLB Disc 313384AJ8 0.140% 01/22/14 01/09/15 0.28 0.140% $ 3,000,000.00 $ 2,995,893.33 FHLB Bullet 3130A2FT8 0.125% 08/06/14 06/19/15 0.72 0.150% $ 2,000,000.00 $ 1,999,567.02 FHLB Callable 3130A0ZD5 0.350% 03/03/16 03/03/16 1.42 0.350% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A23M6 0.450% 06/17/14 06/17/16 1.72 0.450% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A15F1 0.500% 03/27/14 06/27/16 1.74 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLB - 1X Call 3130A1EN4 0.500% 04/15/14 07/15/16 1.79 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A2MX10 0.550% 07/29/14 07/29/16 1.83 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A2TR7 0.600% 08/26/14 08/26/16 1.91 0.600% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A24J2 0.520% 06/12/14 09/12/16 1.95 0.520% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A2HW9 0.660% 07/07/14 10/07/16 2.02 0.660% $ 2,000,000.00 $ 2,000,000.00 $ 27,000,000.00 $ 26,994,353.68 9.87% "PIIILMC Disc 313396DK6 0.010% 08/13/14 03/23/15 0.48 0.100% $ 2,000,000.00 $ 1,998,766.67 FHLMC Callable 3134G4T57 0.450% 01/28/14 01/28/16 1.33 0.450% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G53J2 0.550% 05/20/14 05/20/16 1.64 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G4UW6 0.500% 02/27/14 05/27/16 1.66 0.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC - 1X Call 3134G4TYR3 0.550% 04/08/14 07/08/16 1.77 0.550% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5C29 0.600% 07/22/14 07/22/16 1.81 0.600% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5E76 0.700% 08/19/14 08/19/16 1.89 0.700% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5HA6 0.700% 09/19/14 09/19/16 1.97 0.700% $ 2,000,000.00 $ 2,000,000.00 $ 16,000,000.00 $ 15,998,766.67 5.85% FNMA Disc 313589L50 0.140% 12/05/13 10/22/14 0.06 0.142% $ 3,000,000.00 $ 2,996,255.01 FNMA Disc 313588CG62 0.080% 08/07/14 03/04/15 0.42 0.080% $ 2,000,000.00 $ 1,999,071.11 FNMA Disc 313588CX14 0.095% 08/12/14 03/11/15 0.44 0.095% $ 2,000,000.00 $ 1,998,886.39 $ 7,000,000.00 $ 6,994,212.51 2.56% Treasury Note 912828TU4 0.250% 10/31/12 10/31/14 0.08 0.289% $ 3,000,000.00 $ 2,997,656.25 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 0.17 0.250% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828UD0 0.125% 12/31/12 12/31/14 0.25 0.232% $ 3,000,000.00 $ 2,993,598.57 Treasury Note 912828RZ5 0.250% 12/06/12 01/15/15 0.29 0.254% $ 3,000,000.00 $ 2,999,765.63 Treasury Note 912828RZ5 0.250% 11/20/12 01/15/15 0.29 0.254% $ 3,000,000.00 $ 2,999,765.70 Treasury Note 912828UK40 0.250% 01/31/13 01/31/15 0.34 0.260% $ 3,000,000.00 $ 2,999,401.94 Treasury Note 912828SE1 0.250% 11/16/12 02/15/15 0.38 0.274% $ 3,000,000.00 $ 2,998,359.38 Treasury Note 912828SE1 0.250% 12/06/12 02/15/15 0.38 0.261% $ 3,000,000.00 $ 2,999,296.88 Treasury Note 912828UP37 0.250% 02/28/13 02/28/15 0.41 0.250% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828UT58 0.250% 04/01/13 03/31/15 0.50 0.250% $ 3,000,000.00 $ 2,999,999.97 Treasury Note 912828UY4 0.125% 04/30/13 04/30/15 0.58 0.210% $ 3,000,000.00 $ 2,994,913.35 Treasury Note 912828UY4 0.125% 12/13/13 04/30/15 0.58 0.210% $ 3,000,000.00 $ 2,996,484.38 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 0.62 0.269% $ 3,000,000.00 $ 2,998,593.75 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 0.62 0.291% $ 3,000,000.00 $ 2,996,953.13 Treasury Note 912828VD97 0.250% 05/03/13 05/31/15 0.67 0.260% $ 3,000,000.00 $ 2,999,401.94 Treasury Note 912828TD2 0.250% 12/06/12 07/15/15 0.79 0.280% $ 3,000,000.00 $ 2,997,656.25 :ury Note 912828TD2 0.125% 11/28/12 07/15/15 0.79 0.305% $ 3,000,000.00 $ 2,995,664.10 ..ury Note 912828VN7 0.250% 12/20/13 07/31/15 0.83 0.260% $ 3,000,000.00 $ 2,999,531.25 r easury Note 912828TK6 0.250% 12/14/12 08/15/15 0.87 0.316% $ 3,000,000.00 $ 2,994,726.56 1 of 2 45 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2014 09/30/14 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Morrestment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Treasury Note 912828TK6 0.250% 12/21/12 08/15/15 0.87 0.333% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828VU1 0.375% 09/03/13 08/31/15 0.92 0.375% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828TP5 0.250% 02/08/13 09/15/15 0.96 0.333% $ 3,000,000.00 $ 2,993,554.50 Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 0.96 0.336% $ 3,000,000.00 $ 2,993,437.50 Treasury Note 912828VY35 0.250% 09/30/13 09/30/15 1.00 0.328% $ 3,000,000.00 $ 2,995,312.50 Treasury Note 912828TT7 0.250% 12/11/13 10/15/15 1.04 0.271% $ 3,000,000.00 $ 2,998,828.13 Treasury Note 912828WB2 0.250% 10/31/13 10/31/15 1.08 0.302% $ 3,000,000.00 $ 2,997,000.00 Treasury Note 912828WB2 0.250% 12/13/13 10/31/15 1.08 0.300% $ 3,000,000.00 $ 2,997,070.31 Treasury Note 912828UG3 0.375% 12/20/13 01/15/16 1.29 0.377% $ 3,000,000.00 $ 2,999,882.81 Treasury Note 912828641 0.375% 01/31/14 01/31/16 1.34 0.375% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828UM0 0.375% 12/30/13 02/15/16 1.38 0.393% $ 3,000,000.00 $ 2,998,828.13 Treasury Note 9128286824 0.250% 02/28/14 02/29/16 1.42 0.320% $ 3,000,000.00 $ 2,995,816.74 Treasury Note 912828US7 0.375% 12/30/13 03/15/16 1.46 0.428% $ 3,000,000.00 $ 2,996,484.38 Treasury Note 912828C40 0.375% 03/31/14 03/31/16 1.50 0.450% $ 3,000,000.00 $ 2,995,525.20 Treasury Note 912828UW8 0.250% 02/28/14 04/15/16 1.54 0.372% $ 3,000,000.00 $ 2,992,148.44 Treasury Note 912828VC1 0.250% 02/28/14 05/15/16 1.62 0.397% $ 3,000,000.00 $ 2,990,156.25 Treasury Note 912828WM87 0.375% 05/31/14 05/31/16 1.67 0.375% $ 3,000,000.00 $ 2,999,999.89 Treasury Note 912828WQ91 0.500% 06/30/14 06/30/16 1.75 0.500% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828WX43 0.500% 07/31/14 07/31/16 1.84 0.523% $ 3,000,000.00 $ 2,998,628.97 Treasury Note 912828D648 0.500% 09/02/14 08/31/16 1.92 0.510% $ 3,000,000.00 $ 2,999,405.23 Treasury Note 912828F478 0.500% 09/30/14 09/30/16 2.00 0.565% $ 3,000,000.00 $ 2,996,127.39 $ 120,000,000.00 $ 119,893,412.90 43.83% Regions Bank Money Market TD Bank Money Market Bank United Money Market Harbor Community Bank CD Total Unrestricted General Cash & Equivalents icted Cash - Landfill liAi`C--Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value Total Pooled Cash & Equivalents Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account Citibank - BCBS Imprest Acct Total Restricted Cash - Health Insurance Restricted Cash -Bond Covenants (held by BNY/Mellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 0.42 0.250% $1,030,000.00 Treasury Note 912828VH0 0.375% 07/01/13 06/30/15 1.00 0.375% $1,592,000.00 Treasury Note 912828A67 0.250% 12/31/13 12/31/15 1.50 0.357% $1,365,000.00 Treasury Note 912828WQ9 0.500% 06/30/14 06/30/16 2.00 0.500% $1,470,000.00 Total Restricted Cash - adjusted for fair market value Total Portfolio Note: See separate investment report for OPEB funds. 2of2 $13,091,698.23 $20,027,523.54 $26,058,781.18 $3,016,948.59 $262,075,697.30 4.79% 7.32% 9.53% 1.10% $11,448,484.43 4.18% $273,524,181.73 100.00% $795,294.62 $84,000.00 $879,294.62 $7,783.80 N/A $1,030,321.88 $1,593,657.00 $1,365,477.75 $1,470,867.30 $5,468,107.73 $279,871,584.08 46 ment Type 1U t Disc FHLB Bullet FHLB Bullet FNMA Disc Treasury Note FFCB Bullet FFCB Bullet FFCB Bullet Treasury Note Treasury Note FHLB Disc Treasury Note Treasury Note FFCB Bullet Treasury Note FFCB Bullet Treasury Note Treasury Note Treasury Note FNMA Disc FNMA Disc FFCB Bullet FHLMC Disc Treasury Note FFCB Bullet Treasury Note Treasury Note FFCB Bullet Treasury Note Treasury Note Treasury Note z Bullet Bullet TRlesury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note Treasury Note FFCB Bullet Treasury Note Treasury Note Treasury Note FFCB Bullet Treasury Note FHLMC Callable Treasury Note Treasury Note Treasury Note FHLB Callable FFCB Callable Treasury Note Treasury Note Treasury Note FFCB Bullet Treasury Note FHLMC Callable FHLMC Callable Treasury Note FFCB Bullet FFCB Callable Fes' q Callable 3allable rr..oury Note FHLMC - 1X Call FHLB - 1X Call FHLMC Callable FHLB Callable Treasury Note Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2014 Years To Yield To Maturity Maturity 0.080% 01/27/14 10/03/14 0.01 0.080% $ 0.230% 04/08/13 10/08/14 0.230% 04/15/13 10/15/14 0.140% 12/05/13 10/22/14 0.250% 10/31/12 10/31/14 0.270% 11/05/12 11/05/14 0.250% 01/14/13 11/14/14 0.270% 11/19/12 11/19/14 0.250% 11/30/12 11/30/14 0.125% 12/31/12 12/31/14 0.140% 01/22/14 01/09/15 0.250% 12/06/12 01/15/15 0.250% 11/20/12 01/15/15 0.250% 02/14/13 01/30/15 0.250% 01/31/13 01/31/15 0.280% 02/04/13 02/04/15 0.250% 11/16/12 02/15/15 0.250% 12/06/12 02/15/15 0.250% 02/28/13 02/28/15 0.080% 08/07/14 03/04/15 0.095% 08/12/14 03/11/15 0.330% 12/03/12 03/16/15 0.100% 08/13/14 03/23/15 0.250% 04/01/13 03/31/15 0.300% 11/23/12 04/15/15 0.125% 04/30/13 04/30/15 0.125% 12/13/13 04/30/15 0.220% 05/06/13 05/06/15 0.250% 12/06/12 05/15/15 0.250% 11/29/12 05/15/15 0.250% 05/03/13 05/31/15 0.350% 12/05/13 06/01/15 0.125% 08/06/14 06/19/15 0.250% 12/06/12 07/15/15 0.250% 11/28/12 07/15/15 0.250% 12/20/13 07/31/15 0.250% 12/14/12 08/15/15 0.250% 12/21/12 08/15/15 0.375% 09/03/13 08/31/15 0.250% 02/08/13 09/15/15 0.250% 02/21/13 09/15/15 0.250% 09/30/13 09/30/15 0.375% 10/07/13 10/07/15 0.250% 12/11/13 10/15/15 0.250% 10/31/13 10/31/15 0.250% 12/13/13 10/31/15 0.350% 11/04/13 11/04/15 0.375% 12/20/13 01/15/16 0.450% 01/28/14 01/28/16 0.375% 01/31/14 01/31/16 0.375% 12/30/13 02/15/16 0.250% 02/28/14 02/29/16 0.350% 03/03/16 03/03/16 0.350% 03/10/14 03/10/16 0.375% 12/30/13 03/15/16 0.375% 03/31/14 03/31/16 0.250% 02/28/14 04/15/16 0.550% 01/28/14 04/28/16 0.250% 02/28/14 05/15/16 0.550% 05/20/14 05/20/16 0.500% 02/27/14 05/27/16 0.375% 05/31/14 05/31/16 0.375% 06/02/14 06/02/16 0.430% 03/06/14 06/06/16 0.450% 06/17/14 06/17/16 0.500% 03/27/14 06/27/16 0.500% 06/30/14 06/30/16 0.550% 04/08/14 07/08/16 0.500% 04/15/14 07/15/16 0.600% 07/22/14 07/22/16 0.550% 07/29/14 07/29/16 0.500% 07/31/14 07/31/16 Coupon/ Purchase Maturity CUSIP Yield Date Date 313885J23 313382ML4 313382MM2 313589L50 912828TU4 3133EA6W3 3133ECCM4 3133EC2X1 912828TZ3 912828UD0 313384AJ8 912828RZ5 912828RZ5 3133ECFJ8 912828UK40 3133ECEC4 912828SE1 912828SE1 912828UP37 313588CQ62 313588CX14 3133EC5Q3 313396DK6 912828UT58 3133EC4A9 912828UY4 912828UY4 3133ECNU4 912828SU5 912828SU5 912828VD97 3133EC6F6 3130A2FT2 912828TD2 912828TD2 912828VN7 912828TK6 912828TK6 912828VU1 912828TP5 912828TP5 912828VY35 3133ED4A7 912828TT7 912828WB2 912828WB2 3133ED6J6 912828UG3 3134G4T57 912828641 912828UM0 9128286824 3130AOZD5 3133EDGM8 912828US7 912828C40 912828UW8 3133EDEC2 912828VC1 3134G53J2 3134G4UW6 912828VVM87 3133EDMN9 3133EDGH9 3130A23M6 3130A15F1 912828WQ91 3134G4TYR3 3130A1EN4 3134G5C29 3130A2MX10 912828WX43 0.02 0.230% $ 0.04 0.230% $ 0.06 0.142% $ 0.08 0.289% $ 0.10 0.270% $ 0.12 0.250% $ 0.14 0.270% $ 0.17 0.250% $ 0.25 0.232% $ 0.28 0.142% $ 0.29 0.254% $ 0.29 0.254% $ 0.33 0.250% $ 0.34 0.260% $ 0.35 0.280% $ 0.38 0.274% $ 0.38 0.261% $ 0.41 0.250% $ 0.42 0.080% $ 0.44 0.095% $ 0.46 0.330% $ 0.48 0.100% $ 0.50 0.250% $ 0.54 0.300% $ 0.58 0.210% $ 0.58 0.210% $ 0.60 0.220% $ 0.62 0.269% $ 0.62 0.291% $ 0.67 0.260% $ 0.67 0.350% $ 0.72 0.150% $ 0.79 0.281% $ 0.79 0.305% $ 0.83 0.260% $ 0.87 0.316% $ 0.87 0.333% $ 0.92 0.375% $ 0.96 0.333% $ 0.96 0.336% $ 1.00 0.328% $ 1.02 0.375% $ 1.04 0.271% $ 1.08 0.300% $ 1.08 0.302% $ 1.10 0.350% $ 1.29 0.377% $ 1.33 0.450% $ 1.34 0.375% $ 1.38 0.393% $ 1.42 0.320% $ 1.42 0.350% $ 1.44 0.350% $ 1.46 0.428% $ 1.50 0.450% $ 1.54 0.372% $ 1.58 0.550% $ 1.62 0.397% $ 1.64 0.550% $ 1.66 0.500% $ 1.67 0.375% $ 1.67 0.375% $ 1.68 0.430% $ 1.72 0.450% $ 1.74 0.500% $ 1.75 0.500% $ 1.77 0.550% $ 1.79 0.500% $ 1.81 0.600% $ 1.83 0.550% $ 1.84 0.523% $ 1 of 2 Original Par Amount 06/30/14 Book Value Mo Cash Flow 2,000,000.00 $ 1,998,893.33 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,996,255.01 3,000,000.00 $ 2,997,656.25 $ 12,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 3,000,000.00 $ 2,993,598.57 $ 3,000,000.00 3,000,000.00 $ 2,995,893.33 3,000,000.00 $ 2,999,765.63 3,000,000.00 $ 2,999,765.70 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,999,401.94 $ 14,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,998,359.38 3,000,000.00 $ 2,999,296.88 3,000,000.00 $ 3,000,000.00 $ 11,000,000.00 2,000,000.00 $ 1,999,071.11 2,000,000.00 $ 1,998,886.39 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 1,998,766.67 3,000,000.00 $ 2,999,999.97 $ 11,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,994,913.35 3,000,000.00 $ 2,996,484.38 $ 8,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,998,593.75 3,000,000.00 $ 2,996,953.13 3,000,000.00 $ 2,999,401.94 $ 11,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 1,999,567.02 $ 4,000,000.00 3,000,000.00 $ 2,997,656.25 3,000,000.00 $ 2,995,664.10 3,000,000.00 $ 2,999,531.25 $ 9,000,000.00 3,000,000.00 $ 2,994,726.56 3,000,000.00 $ 2,993,437.50 3,000,000.00 $ 3,000,000.00 $ 9,000,000.00 3,000,000.00 $ 2,993,554.50 3,000,000.00 $ 2,993,437.50 3,000,000.00 $ 2,995,312.50 $ 9,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,998,828.13 3,000,000.00 $ 2,997,000.00 3,000,000.00 $ 2,997,070.31 $ 11,000,000.00 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,999,882.81 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 3,000,000.00 $ 8,000,000.00 3,000,000.00 $ 2,998,828.13 3,000,000.00 $ 2,995,816.74 $ 6,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,996,484.38 3,000,000.00 $ 2,995,525.20 $ 10,000,000.00 3,000,000.00 $ 2,992,148.44 2,000,000.00 $ 2,000,000.00 $ 5,000,000.00 3,000,000.00 $ 2,990,156.25 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,999,999.89 $ 10,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 3,000,000.00 $ 11,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 2,000,000.00 $ 2,000,000.00 3,000,000.00 $ 2,998,628.97 $ 11,000,000.00 47 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2014 Coupon/ Purchase Maturity Years To Yield To Original „"Rment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FHLMC Callable 3134G5E76 0.700% 08/19/14 08/19/16 1.89 0.700% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A2TR7 0.600% 08/26/14 08/26/16 1.91 0.600% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828D648 0.500% 09/02/14 08/31/16 1.92 0.510% $ 3,000,000.00 $ 2,999,405.23 $ 7,000,000.00 FHLB Callable 3130A24J2 0.520% 06/12/14 09/12/16 1.95 0.520% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134G5HA6 0.700% 09/19/14 09/19/16 1.97 0.700% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828F478 0.500% 09/30/14 09/30/16 2.00 0.565% $ 3,000,000.00 $ 2,996,127.39 $ 7,000,000.00 FHLB Callable 3130A2HW9 0.660% 07/07/14 10/07/16 2.02 0.660% $ 2,000,000.00 $ 2,000,000.00 $ 2,000,000.00 Sub Total - General Investments $ 200,000,000.00 $ 199,880,745.76 $ 200,000,000.00 06/30/14 Regions Bank Money Market TD Bank Money Market Bank United Money Market Harbor Community Bank CD Total Unrestricted General Cash & Equivalents Restricted Cash - Landfill FACC--Florida Local Govt Investment Trust -Landfill Closure & Postclosure Reserves - adjusted for fair mkt value Total Pooled Cash & Equivalents Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Account Citibank - BCBS Imprest Acct Total Restricted Cash - Health Insurance $13,091,698.23 $20,027,523.54 $26,058,781.18 $3,016,948.59 $ 262,075,697.30 $11,448,484.43 $273,524,181.73 $795,294.62 $84,000.00 $879,294.62 Restricted Cash -Bond Covenants (held by BNYIMellon) Fidelity Institutional Treasury Money Market -Utilities Debt Service Reserve $7,783.80 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 0.42 0.250% $1,030,000.00 $1,030,321.88 Treasury Note 912828VH0 0.375% 07/01/13 06/30/15 1.00 0.375% $1,592,000.00 $1,593,657.00 ury Note 912828A67 0.250% 12/31/13 12/31/15 1.50 0.357% $1,365,000.00 $1,365,477.75 usury Note 912828WQ9 0.500% 06/30/14 06/30/16 2.00 0.500% $1,470,000.00 $1,470,867.30 Total Restricted Cash - adjusted for fair market value $5,468,107.73 Total Portfolio Note: See separate investment report for OPEB funds. 2 of 2 $279,871,584.08 48 $200,000,000 $180,000,000 $160,000,000 $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 so $187,079,337 0-12 Months Schedule 3 Indian River County Portfolio By Maturity Date September 30, 2014 $90,792,247 $2,000,000 13-24 Months 25-36 Months Total Portfolio $279,871,584 49 Treasury Notes 43.83% Schedule 4 Indian River County Portfolio By Type September 30, 2014 FLGIT - Landfill 4.18% FFCB 10.97% FNMA 2.56% FHLB 9.87% FHLMC 5.85% ions $ Mkt 4.79% TD Bank $ Mkt 7.32% Harbor Comm $ Mkt \BankUnited $ Mkt 1.10% 9.53% 50 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30, 2014 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FHLB Callable 0.66% 07/07/14 10/07/14 10/07/16 $2,000,000 $2,000,000.00 FHLMC Callable 0.60% 07/22/14 10/22/14 07/22/16 $2,000,000 $2,000,000.00 FHLB Callable 0.55% 07/29/14 10/29/14 07/29/16 $2,000,000 $2,000,000.00 Treasury Note 0.50% 07/31/14 07/22/14 05/20/16 $3,000,000 $2,998,628.97 FHLB Bullet 0.13% 08/06/14 06/19/15 $2,000,000 $1,999,567.02 FNMA Disc 0.80% 08/07/14 03/04/15 $2,000,000 $1,999,071.11 FNMA Disc 0.10% 08/12/14 03/11/15 $2,000,000 $1,998,886.39 FHLMC Disc 0.10% 08/13/14 08/05/16 03/23/15 $2,000,000 $1,998,766.67 FHLMC Callable 0.70% 08/19/14 11/19/14 08/19/16 $2,000,000 $2,000,000.00 FHLB Callable 0.60% 08/26/14 02/26/15 08/26/16 $2,000,000 $2,000,000.00 Treasury Note 0.51% 09/02/14 08/22/14 08/31/16 $3,000,000 $2,999,405.23 FHLMC Callable 0.70% 09/19/14 12/19/14 09/19/16 $2,000,000 $2,000,000.00 Treasury Note 0.57% 09/30/14 09/30/16 $3,000,000 $2,996,127.39 FHLMC - 1X Call 0.40% 09/04/13 13 $29,000,000 $28,990,452.78 MATURITIES: Investment Description Yield to Maturity Purchase Date Early Call Date Maturity Date Par Amount Book Value FFCB Bullet 0.25% 12/07/12 07/07/14 $2,000,000 $2,000,000.00 FFCB Callable 0.35% 03/11/13 07/17/14 09/11/15 $2,000,000 $2,000,000.00 FHLB Bullet 0.19% 07/22/13 07/22/14 $2,000,000 $2,000,000.00 FHLB Callable 0.60% 04/22/14 07/22/14 04/22/16 $2,000,000 $2,000,000.00 Treasury Note 0.23% 11/28/12 07/31/14 $3,000,000 $2,994,609.30 Treasury Note 0.20% 07/31/12 07/31/14 $3,000,000 $2,995,511.22 FHLMC Disc 0.10% 10/29/13 08/05/14 $2,000,000 $1,998,444.44 FHLB - 1X Call 0.45% 02/05/14 08/05/16 02/05/16 $2,000,000 $2,000,000.00 FHLMC Disc 0.10% 10/29/13 08/12/14 $2,000,000 $1,998,405.56 FHLMC Disc 0.10% 10/29/13 08/19/14 $2,000,000 $1,998,366.66 FHLMC - 1X Call 0.28% 08/21/13 08/22/14 08/21/15 $2,000,000 $2,000,000.00 FFCB Disc 0.20% 02/15/13 08/28/14 $2,000,000 $2,000,000.00 Treasury Note 0.25% 08/31/12 08/31/14 $3,000,000 $3,000,000.00 FHLMC - 1X Call 0.40% 09/04/13 09/04/14 09/04/15 $2,000,000 $2,000,000.00 FHLB Disc 0.08% 01/27/14 09/05/14 $2,000,000 $1,999,079.17 FHLMC Disc 0.13% 11/22/13 09/09/14 $2,000,000 $1,997,898.34 FHLMC Disc 0.13% 11/22/13 09/17/14 $2,000,000 $1,997,840.56 FFCB Bullet 0.27% 09/25/12 09/25/14 $2,000,000 $2,000,000.00 Treasury Note 0.25% 09/30/12 09/30/14 $3,000,000 $3,000,000.00 19 $42,000,000 $41,980,155.25 Reconciliation of Bonds Only: Beginning portfolio (03/31/14) Total purchased Total matured Ending portfolio for quarter (06/30/14) 13 securities 19 securities 1of1 $212,870,448.23 $28,990,452.78 ($41,980,155.25) $199,880,745.76 51 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years September 30, 2014 Fiscal Year 2008-2009 Net Change Month End Bal* $ (14,634,885) $ 286,076,562 $ 12,878,826 $ 298,955,388 $ 34,115,285 $ 333,070,673 $ 6,850,425 $ 339,921,098 $ 276,130 $ 340,197,228 $ (4,357,468) $ 335,839,760 $ (8,452,256) $ 327,387,504 $ (8,071,065) $ 319,316,439 $ (5,881,385) $ 313,435,054 $ (11,072,743) $ 302,362,311 $ (8,592,822) $ 293,769,489 $ (10,702,556) $ 283,066,933 $ (17,644,514) Fiscal Year 2011-2012 Net Change Month End Bal* $ (7,163,713) $ 299,325,098 $ 15,743,556 $ 315,068,654 $ 31,679,255 $ 346,747,909 $ 540,328 $ 347,288,237 $ (3,953,214) $ 343,335,023 $ (4,018,678) $ 339,316,345 $ (6,018,427) $ 333,297,918 $ (5,148,326) $ 328,149,592 $ (12,048,463) $ 316,101,129 $ (5,284,467) $ 310,816,662 $ (10,999,198) $ 299,817,464 $ (1,512,399) $ 298,305,065 $ (8,183,746) Fiscal Year 2009-2010 Net Change Month End Bal* $ (10,950,456) $ 272,116,477 $ 7,883,140 $ 279,999,617 $ 40,850,830 $ 320,850,447 $ 4,043,995 $ 324,894,442 $ (504,420) $ 324,390,022 $ (638,064) $ 323,751,958 $ (4,484,423) $ 319,267,535 $ (6,148, 366) $ 313,119,169 $ (2,654,283) $ 310,464,886 $ (3,283,074) $ 307,181,812 $ (8,924,384) $ 298,257,428 $ (3,330,240) $ 294,927,188 $ 11, 860,255 Fiscal Year 2012-2013 Net Change Month End Bal* $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598,588) $ 322,176,116 $ (4,334,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849) $ 303,353,086 $ (5,040,036) $ 298,313,050 7,985 Fiscal Year 2010-2011 Net Change Month End Bal* $ (8,787,313) $ 286,139,875 $ 18,859,033 $ 304,998,908 $ 30,880,676 $ 335,879,584 $ 4,920,377 $ 340,799,961 $ 337,406 $ 341,137,367 $ (3,074,474) $ 338,062,893 $ (4,427,870) $ 333,635,023 $ (5,688,925) $ 327,946,098 $ (8,844,978) $ 319,101,120 $ (5,588,302) $ 313,512,818 $ (1,382,203) $ 312,130,615 $ (5,641,804) $ 306,488,811 $ 11,561,623 Fiscal Year 2013-2014 Net Change Month End Bal* $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ (1,774,852) $ 298,360,390 $ 47,340 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. 52 (7) _ Benchmark One Year Constant eeseoeeeseee eeeeeeseeese .-' _,-N _N W m W m mm W W 4040(0 W W m_N .NV_NMN 0 0 0 0 0 0 0 0 0 0 o d 00000Q000 o d d E eeseeeeeeese _NNM_N _NM,-O_O_r d o d o d o 0 0 0 0 0 0 Average see0s00oees0 00eeeeoeeeee 00o00eeeeese OIC NMNmM W (0 W MO)O M OO N W V N MoD M010 N Q OOI4 W m W O N W V V Q V O W V V O M M 0 M M M.- .- M N M 04040)04("40))C404(-('4 O0ddd(CQppdd0ddd oddOOddOO(dp OO OdoOdOoOoddd pN0VO,-,T1'.;828((nN00mWOWMMn OWWNNn(OMNV ,-0N0OD0N0VrMmmN(- ((pp mONM rVNV MNV�0 000W0W0VMONm W1--W0000On 40400)963404044') M MMMMMMM MMMM MMMMMMMMMMMM 0 G Qm Interest Interest Earned Return Earned Roe irn e e o e e e e o e o o e s o e o 0 o e o o e o e j m m M m m m m m W Q V Q Q W W N W W W W W N W W ) M M N N N N N N• - N N N N N N N N N N N N N N N 000Q0000 d o d d d o 0 0 o d o o o 0 0 0 NNNNNNNMMM MN0000000 0 0 O OOOOOOOWOO 1' 1` 0 M M M M 0') W ' ('44) ('(('4 (‚4 ('1 (‚44) ('4 ('4 (‚4 M M M M M M M M M M M M M M M M M M M M M M M M eeeeeese000e eeeeeeeeeeee 0 .- V W ` NW NO m m m W W W m W W V- M ' NO m W W 0 N _ 000 OddOdOddOddd ddOdOci000ddd OadmCO"M828o OIm.,Mnmvm.00 NNNN N - r- M M M M M M M M M M M M M M M M M M M M M M M M e e e e e o e o e e e 0 404004 .- 0) N N N M M M M M M M M co O d o d 0 0 d O 0 o d d MM.- N Nd (0O00N M M M M (‚404 O Q V Q V V 1" M M M M M M M M M M M 449 eeeeee 1,.001,-N. 000000<<<<<< ddddddZZZZZZ `COuOmurv'n0m n'O001 Z Z Z Z Z Z **(&69b99 Money Market Funds Day -to -Day (41 1 FLGIT- Landfill (31 12 Interest Month Earned Return (ee0ea (opo eeo 00 0(op(0(po QeQ 0 osoo (0 0MNNN(ONMN4�O OO)O0 Ro)0 V.M-(0 V c'M 00 (V .-N •'0 ddd N W 00) M (O N N- O V 7 40 N 1010 m N W N W(p W(p O (0 m V c�{{ N 0 M M h W C) M W M W, m O M V 0 ..- W O) N N 1� W M M V W W N M W O OV V O n Oi W N [O .- O W CJ <1,05 N W 0) m N M 4V N N ,-,4-.-nQ M M M M M M M M M M M M M M M M M M M M M M M M ' o 04 0 o a so 0 0p 0 MN V NN V MnOrO(VO 00000000.-0.-d M N V V M N W O m•- 0 0 Nn O (0 O V N O 1,- 0 m N N M m W N O M Q M O MN, -,-0!,- (0V - m 40 N v v N 40 ,- M M M M M M M M M M M M - Qualified Public Depositories Harbor Communit° BankUnited 1 Regions - Bank Regions - Lockbox Interest 1 Earned Return $ 1,972 0.25% $ 687 0.12% $ 8,822 0.75% $ 1,830 0.60% $ 2,449 0.25% $ 781 0.10% $ 8,562 0.75% $ 2,245 0.60% $ 2,480 0.25% $ 1,204 0.10% $ 8,568 0.75% $ 2,431 0.60% $ 2,267 0.25% $ 648 0.10% $ 4,708 0.39% $ 2,795 0.60% $ 2,438 0.25% $ 1,089 0.10% $ 3,853 0.35% $ 1.773 0.60% $ 2,557 0.25% $ 1,271 0.10% $ 3,987 0.35% $ 2,489 0.60% $ 2,286 0.25% $ 1,258 0.10% $ 4,121 0.35% $ 2,637 0.60% $ 2,205 0.25% $ 1,301 0.10% $ 4,122 0.35% $ 2.729 0.60% $ 2,176 0.25% $ 1,122 0.10% $ 3,857 0.35% $ 3,007 0.60% $ 2,558 0.25% $ 1,112 0.10% $ 4,258 0.35% $ 3,026 0.60% $ 2,318 0.25% $ 1,132 0.10% $ 4,126 0.35% $ 2,877 0.60% $ 2,260 0.25% $ 1,055 0.10% $ 3,705 0.35% $ 3,072 0.60% $ 2,490 0.25% $ 1,119 0.10% $ 4,129 0.35% $ 2,938 0.60% $ 3,050 0.25% $ 988 0.10% $ 3,617 0.35% $ 3,048 0.60% $ 2,408 0.25% $ 1,164 0.10% $ 4,178 0.35% $ 2,765 0.60% $ 2,560 0.25% $ 1,243 0.10% $ 4,440 0.35% $ 3,090 0.60% $ 2,376 0.25% $ 1,134 0.10% $ 4,024 0.35% $ 2,699 0.60% $ 2,647 0.25% $ 1,151 0.10% $ 4,170 0.35% $ 2,481 0.60% $ 2,474 0.25% $ 722 0.08% $ 3,120 0.24% $ 2,891 0.60% $ 2,573 0.25% $ 696 0.08% $ 2,701 0.23% $ 2,968 0.60% $ 2,445 0.25% $ 672 0.07% $ 2,271 0.23% $ 3,083 0.60% $ 2,741 0.25% $ 696 0.07% $ 2,702 0.23% $ 3,011 0.60% $ 2,637 0.25% $ 696 0.07% $ 2,456 0.23% $ 3,204 0.60% $ 2,524 0.25% $ 673 0.07% $ 2,539 0.23% $ 2,895 0.60% $ 2,728 0.25% $ 696 0.07% $ 2,539 0.23% $ 3,028 0.60% $ 2,429 0.25% $ 673 0.07% $ 2,564 0.23% $ 3,047 0.60% $ 2,569 0.25% $ 1,233 0.07% $ 4,624 0.23% $ 3,050 0.60% $ 2,563 0.25% $ 930 0.07% $ 986 0.20% $ 4,495 0.23% $ 3,303 0.60% $ 2,675 0.2556 N/A N/A $ 3,069 0.20% $1,956 0.85% 5,439 0.40% $ 4,059 0.23% $ 2,775 0.60% $ 2,544 0.25% N/A N/A $ 3,398 0.20% $2,167 0.85% 6,779 0.4056 $ 4.496 0.23% $ 2,858 0.60% $ 2,426 0.25% N/A N/A $ 3,289 0.20% $2,099 0.85% 6,563 0.40% $ 3,243 0.23% $ 2,636 0.60% $ 2,849 0.25% N/A N/A $ 3,399 0.20% $2,170 0.85% 6,784 0.40% $ 4,010 0.23% $ 2,956 0.60% $ 2,619 0.25% N/A N/A $ 3,290 0.20% $2,102 0.85% 7,026 0.40% $ 3,677 0.23% $ 3,021 0.60% $ 2,671 0.25% N/A N/A $ 3,400 0.20% $2,173 0.85% 8,822 0.40% $ 2,638 0.23% $ 2,769 0.60% $ 2,384 0.25% N/A N/A $ 3,401 0.20% $2,175 0.85% 8,825 0.40% $ 2,361 0.23% $ 3,304 0.60% $ 2,473 0.25% N/A N/A $ 3,292 0.20% $2,106 0.85% 8,543 0.40% $ 2,629 0.23% $ 2,875 0.60% Interest Eamed Retum Interest Earned Return Interest Earned Return Banks -(2 TD Bank Interest Earned Return SunTrust Bank Interest Eamed Retum Wells Fargo- Bank Interest Earned Retum Treasuries & Agencies (1) Interest Earned Return (eeeee peen eee eeo eeo eese00 N (1 N V v N O V v V V Q V O M M M M M 2 2 N N N 0 0 0 0 Q d (p 0 0 0 (((0 0 o d 0 0 0 Q 0 0 Q 0 d d d d N M m N w O N,- W N O N N ON) � M 10 N{ M m ( mp C Np .- N- ,- °) tO W O OW) W m W M M°' -°""(C0'8817) W W M (0 (O (NO (ND W M N M M M M M M M M M M M M M M M M M M M M M M M M e00eeeeeeeee N N N N N (V N N M fP4 A) Q 000000000000 N t- V 00) V om0 T (MOW �p O V V N 10 N N N N Q M W N M M M M M M M M M M M M O M M M V Q V V V V Q V V OZO,IL2Q2�"6(9 O O N N m m cy N J 44 N O O NN N m q, l0 J ( N OZ�'�LLQ �E-) Qy 0) V O a c 3 04 0' C O E N 0 m 8 0) N • (0 L ('- a E n E 3 $ 0 N = T c > - n LC LLL„ ry m O U 0( « E T C S L 0 S83.§-2 • ?O w m E �=�LL8z Eo -12-f8 C • 0) m m- V pp l0 c L O E c y o E ? 0 0 ✓ > > w 7 .y 20.6"6,.! O_ N m O 0 m t n .0 ▪ c E E m ; m O c r0)n d m c E d O m m T m c E 8 m m m 0 w O d o `o (0 > ((00 _J > 00 O Z N M V M 0 This report does not include OPEB funds. 53 Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of September 30, 2014 Pooled Investments General Fund $ 47,578,011 Special Revenue Funds $ 63,159,656 Debt Service Funds $ 2,470,454 Capital Project Funds $ 53,481,274 Solid Waste Funds $ 25,265,661 Golf Course Fund $ 379,590 Building Fund $ 5,337,779 Utilities Funds $ 66,440,108 Fleet Fund $ (5,528) Insurance Funds $ 29,589,143 GIS Fund $ 1,765,570 Escrow Funds $ 2,898,672 Total Investments $ 298,360,390 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments - see separate report. 54 Consent Agenda - B.C.C. 11.4.14 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: October 22, 2014 SUBJECT: Authorization for Assistant County Attorney to Attend FAC Legislative Conference On July 15, 2014, the Indian River County Board of County Commissioners (the "Board") voted to have the Assistant County Attorney serve as the point person with respect to tracking and monitoring Indian River County's legislative priorities. On October 21, 2014, the Board approved its list of legislative priorities for the upcoming year. On November 19 through 21, 2014, the Florida Association of Counties will be conducting its 2014-2015 Legislative Conference in Tampa. The County Attorney seeks authorization for the Assistant County Attorney to attend the conference. The registration form and preliminary schedule of events are attached. APPROVED FOR NOVEMBER 4, 2014 B.C.C. MEETING — CONSENT AGENDA COUNTY ATTORNEY F. Anomev Linda GE.1"EBAt. BC C Agenda.11emos:FAC Legislative Conferexe.d«z 55 Indian River Co. Approved Date Admin Men /C)2 /2 ' r t' Co. Atty. L!JtM. WA' =MI vJ2 l`h Budget 11 1o1� 14 IIII Dept. __ Risk Mgr. --- --- 55 FA FLORIDA ASSOCIATION OF COUNTIES All About Florida REGISTRATION FORM FAC 2014-15 Legislative Conference November 19-21, 2014 Marriott Tampa Waterside (Hillsborough County) FIRST NAME: LAST NAME: FIRST NAME/NICKNAME (to appear on badge): COUNTY/COMPANY: TITLE/POS.ITION: MAILING ADDRESS: CITY: STATE: ZIP: TELEPHONE: EMAIL: FAX: REGISTRATION FEES: Full Registration: (Commissioner/Staff)* Full Registration: (City, State, Federal)* Early Bird (Postmarked on or before Oct. 17) $250 $300 Guest Registration: (Spouse/Non-Business Guest/Children 18+)** $100 Registration (Postmarked Oct. 18 thru Nov. 5) $275 $325 $100 Final Registration Onsite (Postmarked Nov. 6 (After Nov. 14) thru Nov. 14) $325 $375 $375 $425 $125 $150 *Full Registrations include all committee meetings, New Commissioner Orientation (Wed), breakfasts, Thursday lunch, and receptions. It does NOT include the Post -Conference Ethics Workshop (Friday). **Guest Registrations include all committee meetings, breakfasts, Thursday luncheon, and receptions for a spouse, non -business guest or child 18 years of age or older. MAIL REGISTRATION FORM AND CHECK TO: Florida Association of Counties 100 South Monroe Street, Tallahassee, FL 32301 PHONE: (850) 922-4300 SPECIAL NEEDS: If you are physically challenged and require special services, please attach a written description to this form. CANCELLATIONS: Refund of the conference registration fee, less an administrative fee of $50, will be allowed provided written or faxed notice of cancellation is sent to Connie Osborn (cosbornefl-counties.com) on or before November 13, 2014. No refunds will be considered after November 13. No telephone or verbal cancellations will be accepted. 56 FA. FLORIDA ASSOCIATION OF COUNTIES All About Florida 2014-15 Legislative Conference Marriott Tampa Waterside Hillsborough County November 19-21, 2014 PRELIMINARY SCHEDULE OF EVENTS Tuesday. November 18 4:00 p.m. - 6:00 p.m. Wednesday. November 19 7:30 a.m. - 9:00 a.m. 7:30 a.m. - 5:00 p.m. 7:30 a.m. - 8:30 a.m. 9:00 a.m. - 11:00 a.m. 9:00 a.m. - 9:50 a.m. 10:30 a.m. - 11:30 a.m. 11:00 a.m. - 12:30 p.m. 11:30 a.m. - 1:30 p.m. 12:30 p.m. - 1:30 p.m. 12:30 p.m. - 5:00 p.m. 1:45 p.m. - 3:45 p.m. 4:00 p.m. - 5:45 p.m. 6:00 p.m. - 7:00 p.m. Thursday. November 20 7:30 a.m. - 9:00 a.m. 7:30 a.m. - 11:30 a.m. 8:00 a.m. - 9:15 a.m. 9:30 a.m. - 12:00 p.m. 9:00 a.m. - 5:00 p.m. 12:15 p.m. - 1:15 p.m. 1:30 p.m. - 4:15 p.m. 3:30 p.m. - 4:30 p.m. 5:15 p.m. - 6:15 p.m. 6:15 p.m. - 7:15 p.m. Friday. November 21 8:30 a.m. - 10:30 a.m. 10:30 a.m. - 3:30 p.m. Registration Desk Open Continental Breakfast Registration Desk Open Executive Committee Meeting Gulf Consortium Urban Caucus Rural Caucus FAC Board of Directors Meeting Lunch (on your own) Strategic Planning Committee New Commissioner Orientation Health & Human Services Committee Public Safety Committee Welcome Reception Continental Breakfast Registration Desk Open Federal Committee Growth Management, Agriculture & Environment Committee County Managers Workshop Luncheon w/ Guest Speaker Finance, Tax & Administration Committee Annual Conference Committee Legislative Executive Committee President's Reception Closing Session Breakfast Post -Conference Workshop: Ethics, Public Records and Sunshine Law (a separate registration fee is required) 57 Wednesday. November 19 9:00 a.m. - 5:00 p.m. 10:00 a.m. - 12:30 p.m. 1:00 p.m. - 5:00 p.m. Thursday. November 20 7:00 a.m. - 8:30 a.m. 9:00 a.m. - 5:00 p.m. AFFILIATE MEETINGS FACERS Meeting FACA Board of Directors Meeting FACA CLE Program Small County Coalition Board Meeting FACERS Meeting Friday. November 21 9:00 a.m. - 12:00 p.m. FACERS Meeting 58 CONSENT: 11/4/2014 C,. Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: October 21, 2014 SUBJECT: Release of Reversionary Interests with regard to Former Fire Rescue Station #9 Property Located at 1640 U.S. Highway 1, Sebastian On May 9, 2011 the Board of County Commissioners declared the former Fire Rescue Station #9, located at 1640 U.S. Highway 1 in Sebastian, as surplus property and authorized it to be sold by auction. On June 20, 2011 an auction was conducted by the firm of Karlin Daniel and Associates, Inc., and the winning bidder was Richard Peacock. On June 21, 2011 the Board approved the winning bid of $160,000, and the property transaction was handled by attorney Thomas G. Sherman out of Coral Gables, Florida, with Union Title Services, Inc. issuing title insurance to Mr. Peacock. Mr. Peacock's property now is under contract for sale, and the County Attorney's Office has been contacted by his local attorney for assistance in releasing a reverter that was revealed in the most recent commitment for title insurance. The reverter was originally imposed on the subject property by the City of Sebastian back in 1989 with a subsequent quitclaim to Indian River County in 1999 purportedly transferring the reversionary interest. Presented herewith for consideration is the Release of Reversionary Interests which releases any reversionary interests the County may have with regard to the City of Sebastian's quitclaim deed to Indian River County with respect to the subject property. FUNDING: The only cost associated with this matter is the recording fees, which will not be borne by Indian River County. RECOMMENDATION: Authorize the Chairman to execute the attached Release of Reversionary Interests. nhm attachment Approved for November 4, 2014 BCC Meeting Consent Agenda COIINTY ATTORNEY Indian River Co. 59Risk Approved Date Admin. / ity ii Co. Atty. ' p v� Budget Id i4 Department - _ Management `=- This document was prepared by: Office of Indian River County Attorney 1801 27'h Street Vero Beach, FL 32960 772-226-1425 RELEASE OF REVERSIONARY INTERESTS FOR AND IN CONSIDERATION of a certain sum paid, the receipt of which is hereby acknowledged, INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, hereby releases from the property described and depicted in the attached Exhibit "A", now owned by Richard Peacock, a married man, any reversionary interests it may have by virtue of that certain quitclaim deed recorded in O.R. Book 1268, Page 24 of the Public Records of Indian River County, Florida. EXECUTED by the Chairman of the Board of County Commissioners of Indian River County, Florida, this day of November, 2014. BOARD OF COUNTY OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: By Deputy Clerk Peter D. O'Bryan, Chairman BCC approved: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of November, 2014 by Peter D. O'Bryan, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to form and legal sufficiency: -- Dylan Reingold County Attorney 60 O (11 s 66-n -t PIM Wd 'JMO1V211N33N m3113 ''DMO OYOV 133a11S H16 M .00,90.88 N EXHIBIT --- 41 .00.90.99 N sr�z1 4.1 g«r `v "5:5 , a 0 C. (/) O c C c'O O•- U 44 V Vu N a ,fr886 ayv 0 3 „00,90.88 S ° o ° in U.ON V U N E 0 voi 6° c •r,Eo �O •cUV u0 rL-;2040 U `O . O uz.- `3 O :Zcv O>i Pc). - o in! z gYw 3 0 E_ . o v o,_ o '.6., ,....c o m > E o 1:3 V 3 .c3� r 1 O►-L°°o E�ir °�C u• - OU I O �L U.:a�Ooc0 C -,ctV ,r O...0O L•g.c Cu F O o, O Oyu cv, ► oz� u .. >, :v. c «ur r r o.oz 0 it O a$'; _ O o, w o� u ` u of �w-•.0 o rwa_ u E d O O�u. �W ° IS az 1 O~ C4 O ` 0 O r u °Op.- U O 7 �U .+li ° i v E 2 Vt U4 t .H O C c L U ` UL (A O +' r 2 Vl O -�l U a _� Q C c U ~j ~ it vz c tr Oo,z oV<r00`.v6g,c O LN�[3 nOOV .EEV0O3pt p>+L• c -k giz vi 12 2 i_ V U,Urp 0 V 0�4. 0 jIJ-Q- 0 OOr°COO°O0-0c 4" -le O c MZ U,1In r- a t 13 N.. E o_ou06 ,, D co uz .<o Oi EE,Z o 0 �p :41.4a -- EC U yy01Op- V eco �cr COQO „, CCj v p L ��' UONNZGONZrND�Z4zV<u�0(n0 UOjc3 (A 01- o_ o o oc1V {� if gg iu/ i 0 0 61 Office of CONSENT: 11/4/14 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal - Deputy County Attorn Kj_ DATE: October 27, 2014 SUBJECT: Resolution Canceling Taxes on Property Purchased for Oslo Road/66th Avenue Right -Of -Way and Corner Clip and 66th Avenue Right -Of -Way from Three Dogs & A Horse, LLC and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 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 Three Dogs & A Horse, LLC and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 for Oslo Road/66th Avenue right- of-way and corner clip and 66th Avenue right-of-way. Said property is fully described in that certain Warranty Deed recorded in Book 2798 at Pages 532-533 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 November 4, 2014 BCC Meeting Consent Agenda OUNTY ATTORNEY 62 Indian River Co. Approved Date Admin. + /6/) i-1 Co. Atty. +moi Budget 4,,,p1 Department --- Risk Management --- --- 62 Parcel tttt 33-39-20-00001-0130-00004.0 and 33-39-20-00001-0310-00001.0 Purchased by Indian River County from Three Dogs & A Horse, LLC and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 Public Purpose: for Oslo Road/66'h Avenue right-of-way and corner clip and 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 63 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 Three Dogs & A Horse, LLC, a Florida limited liability company, and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 for Oslo Road/66th Avenue right-of-way and corner clip and 66th Avenue right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed recorded in Book 2798, Pages 532-533, 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 64 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 November, 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 No Current Prorated Tax Received and Deposited With Tax Collector $, 3 APPROVED AS TO FORN AN {... C.1 5 WILLIAM K. DEDRAAL DEPtiTYCOUNTY ATTORNEY 65 3120140062930 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2798 PC: 532,10/24/2014 4:02 PM D DOCTAX PD $221.90 v 1\11(,71 This Documeol Prepared By and Return to: George G. Collins, Jr. Esq. Collins Brown, Caldwell, Barkett, Garavagiia 6 Lawn, Chartered 756 Beachland Blvd. Vero Beach, FL 32963 Parcel ID Number: Warranty Deed This Indenture, Made this 4 3 day of October , 2014 AD. , Between Three Dogs & A Horse, LLC, a Florida limited liability company and Audrey Graves Sexton, Individually and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 of the county of Indian River, State of Florida , grantors, and Indian River County, a political subdivision of the State of Florida wbosc address is: 1801 27th Street, Vero Beach, FL 32960 of the County of Indian River, State of Florida , grantee. Witnesseth that the GRANTORS, for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTORS in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, have granted, bargaincd and sold to the said GRANTEE and GRANTEES heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Indian River State of Florida to wit: See Exhibit "A" attached hereto. The property herein conveyed DOES NOT constitute the HOMESTEAD property of the Grantor. The Grantor's HOMESTEAD address is 4555 13th Street SW, Vero Beach, FL 32968. and the grantors do hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever In Witness Whereof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in our presence: Three Dogs & A Horse, LLC and Audrey Graves Sexton Trust U/A/D May 31,/'005 9894 Printed Name: Witness 76,r_ 6; -'c :,., QL___ Audrd�y� rave xton Managing Member p, P.O.Address: 4 13thStrutSW�Veropeach, F' (Seal) Printed Name : L % y (Sea!) �{��loa�c.� /� pa --E'(, Audrey Graves Sexton, Trustee P.O. Address: 4555 13th Street SW, Vero Beach, FL32968 Witness STATE OF Florida COUNTY OF Indian River The foregoing instrument was acknowledged before me this e,3 day of October , 2014 by Audrey Graves Sexton, Managing Member of Three Dogs 6 A Horse, LLC, a Florida limited liability company and as Trustee of the Audrey Graves Sexton Trust U/A/D May 31, 2005 who is personally known to me or who has produced her Florida drive 's license as identification lti(.,&,/(,(- G Printed Name:-Borekr 'Com" PCOri/ Notary Public I / My Commission Expires: 34/7 Luer Osnenled by 0 Display Syneres, lx. 2014 (463) 763-5555 Form Fa'D-1 66 BK: 2798 PG: 533 EXHIBIT "A" LEGAL DESCRIPTION Two strips of land for road right of way purchase situated in pari of the West 20.86 acres of Tract 13 of Section 20, Township 33 South, Range 39 East, Indian River County, Florida, being described as follows: The East 23.00 feet of the West 68.00 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 and less and except the South 130.00 feet thereof, said land now lying and being in Indian River County, Florida; and The North 70.00 feet of the South 130.00 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 side lines of the above described roadway right of way segments to be shortened or prolonged to meet at angle points, right of way lines and boundary lines. The above described road right of way containing 68,015.20 S.F. and A triangular parcel of land (corner clip) for road right of way dedication situated at the Northeast intersection of 66th Avenue/C.R. 615 and 9th Street SW/Oslo Road/C.R. 606, being a part of the West 20.86 acres of Tract 13, 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, said land now lying and being in Indian River County, Florida, being more particularly described as beginning at the point of intersection of the North line of the South 130.00 feet and the East line of the West 68.00 feet of said West 20.86 acres, run North 00°16'08" East and parallel with the West line of said Section 20 and West line of Tract 13, a distance of 40.00 feet; thence run South 44°36'50" East through aforesaid 20.86 acre parcel, a distance of 56.68 feet to a point on the aforesaid North line of the South 130.00 feet, said point being South 89°29'49" East 40.00 feet from the point of beginning; thence run North 89°29'49" West and parallel with the South line of said Section 20 and South line of Tract 13, a distance of 40.00 feet to the point of beginning. The above described road right of way corner clip containing 800.00 S.F. 67 Consent Item INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community DevelbIment Director Sasan Rohani, AICP Chief, Long -Range Planning Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning October 27, 2014 REQUEST FOR BOARD APPROVAL OF CLOSEOUT AGREEMENT FOR THE COUNTY'S NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 4, 2014. DESCRIPTION AND CONDITIONS In late 2008, the Florida Department of Community Affairs (DCA) hereafter referred to as the Florida Department of Economic Opportunity (DEO), allocated $4,680,825 in Neighborhood Stabilization Program 1 (NSP 1) Community Development Block Grant (CDBG) funds to Indian River County. The purpose of the Neighborhood Stabilization Program was to provide local governments with funds to stabilize communities by purchasing foreclosed properties and selling or renting those units to income qualifying households. The county needed to submit a formal application to the state in order to obtain the funds. That application was prepared by County staff with assistance from a grant administration consultant at no 1 68 cost to the County. On March 17, 2009, the Board of County Commissioners (BCC) reviewed and approved the application for transmittal to DEO. In July of 2009, DEO notified County staff that the County's application had been approved and subsequently sent a contract to the County to execute. That contract was reviewed and approved by the BCC on August 18, 2009 and transmitted to DEO for its execution. DEO executed the agreement on September 11, 2009. Since execution of the agreement with DEO, the County worked with the Treasure Coast Homeless Services Council (TCHSC) and the Indian River County Housing Authority to acquire and rehabilitate foreclosed housing units. Through these agencies participation and the County's efforts, a total of forty-five (45) foreclosed housing units were purchased and rehabilitated. Eighteen (18) of the forty-five (45) housing units are currently being rented to income qualified applicants. The remaining twenty-seven (27) housing units were sold to income qualified applicants. All of the County's $4,680,825 allocation from DEO plus the County's $1,695,639.41 in Program Income funds (funds generated from the sale of housing units) have been utilized for NSP 1 activities. With all homes either rented or sold, and all funds utilized, the County is now ready to formally close-out the grant with DEO. Grant Agreement The CDBG agreement approved by DEO includes project work plans that identify the projected timeline for completion of the grant funded project. That agreement also includes program budget and scope of work sheets that detail sources of funds for the project and the number of low and moderate income persons served by the project (CDBG funds must be used to benefit low and moderate income persons). Since the grant was awarded, the grant agreement has been modified a total of ten (10) times. Those modifications involved extending time frames within the work plans, extending the expiration date of the agreement to account for unanticipated delays, and moving funds between activities to account for actual expenditures for each activity. Recently, DEO provided the county with a proposed grant closeout agreement (Attachment 1). At this time, the Board of County Commissioners must review and approve the proposed closeout agreement. ANALYSIS The NSP1 closeout agreement contains certifications that the County has used NSP1 funds in accordance with federal rules, that the county has completed all contracted activities, and that the County has used at least 25% of NSP funds (initial $4.6 million allocation plus any program income) to benefit low income households at or below 50% of Area Median Income. The closeout agreement also spells out ongoing obligations that remain the responsibility of the County. The agreement is standard for all local government program participants that have contracts with DEO, and staff has no objections to the agreement. 2 69 To the best of County staff's knowledge, all NSP1 funds have been utilized in accordance with federal rules, all contracted activities have been completed, and no fraud, waste or mismanagement has occurred in carrying out the grant. The County has also exceeded the requirement that at least 25% of NSP funds be used to benefit low income households at or below 50% of Area Median Income (rental housing units and resale housing units). With regard to continued obligations, the County is required to maintain various records for up to 21 years, annually report any program income received to DEO, and use program income that may be generated in accordance with Federal Requirements. With the County's NSP 1, program income may be generated in the future if one or more of the resale properties is sold to a non -income qualifying household during their required fifteen (15) year affordability period or if one or more NSP1 rental housing units are no longer rented to income qualified households during their required fifteen (15) year affordability period. Should the County receive program income funds, the County will follow NSP rules for use of those funds. At this time, the Board of County Commissioners must approve the attached Grant Closeout Agreement, authorize the chairman to sign the agreement, and approve the submission of the closeout agreement to DEO. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the NSP1 CDBG closeout agreement by authorizing the chairman to sign the agreement; and 2. Authorize the chairman to sign and submit any additional CDBG related documents to allow the county to complete closeout of the grant. ATTACHMENTS 1. NSP 1 Closeout Agreement By: l` For: Approved Agenda Item vember 4, 2014 F:\Community Development\CDBG\2008 NSP\Closeout\BCC item - Closeout.doc 3 Indian River Co. Approved Date Admin. : /,,, ) ,/� Legal '.1: iL 'T-1,/ Budget l orifi Dept. f c (�,,hy Risk Mgr. - —_ 70 GRANT CLOSEOUT AGREEMENT For Neighborhood Stabilization Program (NSP 1) Between Florida Department of Economic Opportunity (DEO) And Indian River County 1801 27th Street Vero Beach, Florida 32960 THIS AGREEMENT sets forth the terms for final disposition and conditions associated with the closeout of Florida's Neighborhood Stabilization Program (NSP1), Grant 10DB-4X-10-40-01-F13 provided pursuant to the original grant agreement dated September 11, 2009, along with modification #1 dated June 30, 2010, modification #2 dated February 28, 2011, modification #3 dated June 29, 2011, modification #4 dated August 27, 2012, modification #5 dated January 16, 2013, modification #6 dated march 4, 2013, modification #7 dated July 3, 2013, modification #8 dated December 23, 2013, modification #9 dated June 18, 2014 and modification #10 dated July 29, 2014. The County certifies that to the best of its knowledge: • AH activities as authorized by the subgrantees application, contract and any applicable amendments have been completed as described in the subgrantees final Monthly Status Report (MSR) in e-CDBG. • No fraud, waste or mismanagement has occurred in carrying out the grant. If fraud, waste or mismanagement has occurred, appropriate action has been taken to address it. NSP subgrantees were statutorily required to use not less than 25 percent of the NSP grant (initially allocation plus program income) to house individuals or families whose incomes do not exceed 50 percent of area median income. • The County has expended and met a national objective with an amount equal to or greater than the total set-aside requirement for program income and the original grant, and DEO acknowledges that the grantee has met the 25 percent set aside requirement. Further, the County hereby acknowledges the remaining obligation(s) under the terms of the grant agreement and agrees as follows: • All of the applicable NSP regulations will apply to program income generated unless otherwise stated in the Notice of Neighborhood Stabilization Program; Closeout Requirement and Recapture (Federal Register Vol. 77, No. 228, pp 70799-70805, November 27, 2012). • All records and documents pertaining to this grant will be maintained for a period of 6 years after execution of this closeout agreement. All records related to the affordability of a project must be maintained for 6 years after the affordability period comes to an end. Additionally, all Page 1 of 2 Attachment 1 71 records relating to any land banked properties must be maintained for 6 years after disposal of the land banked properties. • For grantees with ongoing CDBG grants, any real property within the County's control which was acquired or improved in whole or part using NSP funds in excess of $25,000 is governed by the principles described in 24 CFR 570.505. • If any rehabilitated property falls within a flood plain, flood insurance coverage must be maintained for the continued affordability period for affected property owners. • Identify below any contingent liabilities subject to payment after the closeout agreement is signed: none • A total of $0.00 in grant funds has been previously canceled and returned to DEO. • Indian River County acknowledges the requirement to report program income annually to DEO/CDBG and will do so by January 31st for the previous calendar year. DEO maintains the right to conduct future monitoring of this grant, either on site or by review of information or copies of documents requested from the County. The County acknowledges that a finding of noncompliance resulting from such a review and failure to take appropriate corrective action satisfactory to DEO may be taken into account by DEO as evidence of unsatisfactory performance, in consideration of future grant awards. Further, the County may be required to repay DEO any disallowed costs based on the review results of a future audit or monitoring. INDIAN RIVER COUNTY BY: DATED: FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY Bob Dennis Bureau Chief, Community Revitalization DATED: Note: Submit 2 originals to DEO for signature. DEO will return 1 original to Sub -grantee. Page 2 of 2 72 U CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 27, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager' t-, SUBJECT: Modification to Terms for Annual Bid for Polymer - 2015003 BACKGROUND: On September 9, 2014, the Board authorized award of the annual bid for the purchase and delivery of Polymer to its wastewater treatment facilities to Polydyne, Inc., the sole respondent to the bid. Within annual and other applicable bid documents, the County notes its intent to enable other governmental agencies within the State of Florida to purchase under the pricing, terms and conditions of the bid through cooperative purchasing, or piggybacking. Bidders may indicate their desire to refrain from participation in cooperative purchasing on their bid form. In the case of this bid, Polydyne did indicate that it preferred not to extend its pricing to other agencies. The Purchasing Division has since been contacted by Palm Beach County to request authorization to utilize the bid under cooperative purchasing. The vendor has also requested an amendment to our annual agreement to indicate their willingness to extend use of our bid to all other agencies in Florida. The annual award document requires that any change in price, terms or conditions be approved by the Board. ANALYSIS: Modifying this term of the agreement with the only responding bidder does not adversely impact any other bidders, nor will it interfere will Polydyne's performance for Indian River County. SOURCE OF FUNDS: No funding is required to facilitate this request. B:\2014-2015 FY (2015000)\2015003 - Annual Furnish and Deliver Polymer\Agenda - Piggyback Authorization. doc 73 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board authorize the Purchasing Manager to modify the Notice of Annual award document for the Polymer bid as indicated on the attached redlined changes. Attachments: Proposed update to Notice of Annual Award Request from Polydyne APPROVED AGENDA ITEM BY: FOR: seph A. Baird, County Administrator 014 C_ -76'/Y B:\2014-2015 FY (2015000)\20 15003 - Annual Furnish and Deliver Polymer\Agenda - Piggyback Authorization.doc Indian River Co Appr.ved Date Admin ,o/r/ Legal �•:' i Ai , UrBudget sy: ld(Department��►'(l(I Risk — — 74 BOARD OF COUNTY COMMISSIONERS UPDATED NOTICE OF AWARD — ANNUAL BID NO. 2015003 FOR POLYMER Polydyne, Inc. Attn: Mr. Lawrence D. Grizzle One Chemical Plant Road Riceboro, GA 31323 The Indian River County Board of County Commissioners is hereby awarding the above referenced Bid as follows: TERMS AND CONDITIONS 1. Acceptance: This award is our acceptance of your offer in response to our Invitation to Bid No. 2015003 Annual Bid for Polymer at the prices listed below. The Board at their meeting of September 9, 2014 approved the award of this bid. Polymer Deliver to Estimated Annual Quantity Unit Cost Estimated Annual Cost South Regional WWTF 1,000 gallons $9.374/gal $9,374.00 West Regional WWTF 1,500 gallons $9.374/gal $14,061.00 Central WWTF 1,500 gallons $9.374/gal $14,061.00 2. Term of Award: A. This is a one (1) year award for the time period specified herein, during which the County may order products / services covered by this award as the requirements demand and the vendor shall deliver the services / products. The County is not obligated to purchase any minimum amount of services. B. This award becomes effective October 1, 2014 and shall remain in effect through September 30, 2015. C. This award may be renewed, by mutual agreement, for two (2) additional ONE (1) YEAR periods up to a cumulative total of THREE (3) YEARS at the same prices, terms and conditions. Notification of interest to renew will be submitted 60 calendar days in advance of the expiration date of this award. Office of Management and Budget • Purchasing Division 1800 27" Street, Vero Beach, Florida 32960 (772) 226-1416•Fax: (772) 770-5140 E-mail: purchasingra%ircgov.com 75 D. Any change in price, terms or conditions shall be accomplished by written amendment to this award with final approval requiring Board action, with the effective date of such change being the date of Board approval. E. The vendor, for good cause, upon 90 days prior written notice may cancel this award. The County retains the right to cancel this award, with or without good cause, upon 30 days prior written notice. F. Cooperative Purchasing: The vendor agrees to extend the pricing of this contract to other governmental agencies within the State of Florida. 3. Insurance: Please provide your certificate of liability, automobile and worker's compensation insurance in the amounts required in the invitation to bid, providing for a 30 -day Notice of Cancellation and naming Indian River County as additional insured for general and automobile liability. The certificate may be sent by email to purchasing(Wircgov.com or fax to (772) 770-5140. 4. Ordering against award: After receipt of the above, a Blanket Purchase Order will be issued to you for the first annual term, and orders will be placed against it, as needed. Only items awarded as part of this bid may be ordered on that Blanket Purchase Order. The Board of County Commissioners, subject to need and availability of funds lawfully appropriates the obligations of Indian River County under this award for its purpose. 5. Taxes: The County has the following Tax Exemption Certificates assigned. A. Certificate of Registry No. 59-6000674 for tax-free transactions under Chapter 32, Internal Revenue Code. B. Florida Sales and Use Tax Exemption Certificate No. 85-8012622034C-3. 6. Invoices: A. Invoices against this award are authorized only at the prices stated in your bid response. B. Invoices shall be submitted referencing the Bid number and the Blanket Purchase Order Number by email to finance@ircgov.com or by mail to: Indian River County Finance Department 1801 27th Street, Building A Vero Beach, FL 32960 Thank you for your interest in working with Indian River County. Board of County Commissioners Indian River County, Florida By 1thinifer de, M nager Date Purchasing Division 76 October 10, 2014 Jennifer Hyde, Purchasing Manager Indian River County 1800 27th Street Vero Beach, FL 32960 RE: Indian River County— 2015003 Ms. Hyde, Polydyne Inc. wishes to amend our bid to Indian River County to allow all other governmental agencies with the State of Florida to utilize cooperative purchasing. If I may be of further assistance, please let me know. Best Regards, Lawrence D. Grizzle Business Manager P.O. Box 279 • Riceboro, GA 31323 USA • Tel 800-848-7659 • Fax 912-880-2078 • www.polydyneinc.com 77 Consent INDIAN RIVER COUNTY MEMORANDUM TO: THROUGH: Christopher R. Mora, P.E., Public Works Director cr„_., FROM: Louise Gates, Land Acquisition Sp SUBJECT: 26th STREET -ADVANCE ACQUISIT it OF RIGHT-OF-WAY Javier and Baylee Franco, Owners, 2605 53rd Avenue Joseph A. Baird, County Administrator ialist DATE: October 16, 2014 DESCRIPTION AND CONDITIONS Javier and Baylee Franco (the Francos) own a single family home located at 2605 53rd Avenue, Vero Beach. The house is on the northwest corner of 26th Street and 53rd Avenue. The Francos recently approached the County to purchase their entire property for right-of-way for the 26tn Street widening project. The parcel is in the Dodgertown Subdivision and is 0.36 acres in size with 130.7 feet of frontage along 26th Street. The property is zoned RS -6, single family residential, up to six units per acre, and improved with a 3 bedroom, 2 bath concrete block/stucco house that was built in 1972. The home was listed for sale for $125,000. After negotiations, the County's offer of $110,000 has been accepted by the owners. A recent appraisal of the property performed by Armfield & Wagner, a Vero Beach appraisal firm, values the property in a range from $92,000 to 115,000. Improvements to 26th Street will consist of widening to four lanes with a dedicated center left turn lane. Some right-of-way acquisition for 26th Street will likely be gained from the developer of the former Dodger Pines County Club site but many parcels of right-of-way will have to be taken from single family home sites. When the Francos advised the County that this parcel was for sale, staff weighed the cost of purchasing the parcel on the open market against trying to take the parcel via eminent domain. Staff reasoned that buying the property now and taking the right-of-way needed and then reselling the property would avoid the expert witness costs and attorney's fees incurred in the eminent domain process. Thus, staffs plan is to purchase the entire property now for $110,000, take the right-of-way needed for the 26th Street improvements and then resell the property by sealed bid, minus the needed right-of-way. Appraisal Fee $500 No Attorney Fees 78 FUNDING Funding in the amount of $125,000 has been budgeted for Right of Way in FY 14/15 from Traffic Impact Fees -District II/ROW/26 St/43rd to 66th Ave, Acct #10215241-066120-06011 RECOMMENDATIONS The Board's options include the following: Option 1: Staff recommends the Board approve the attached Contracts for Sale and Purchase of the Franco parcel for $110,000 and authorize the Chairman to execute the contract on behalf of the Board. Staff further recommend that the Board direct that the needed right-of-way be taken from the property after purchase and to authorize sale of the remainder property at sealed bid. Option 2: Reject the terms of the Agreement and continue to negotiate. ATTACHMENT 1. Two "Originals" of the Purchase Agreements DISTRIBUTION Christopher R. Mora, Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM FOR: November 4, 2014 BY Indian River County Approved Date Administration l?.'! ` , Budget 7,44: 1 8/14Legal ..1U. it Iy Public Works %V Engineering 79 Original AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND JAVIER FRANCO AND BAYLEE FRANCO THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of October, 2014, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and JAVIER FRANCO AND BAYLEE FRANCO, who agree as follows: WHEREAS, Javier and Baylee Franco owns property located at 2605 53rd Avenue, Vero Beach, Florida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is purchasing right-of-way for the future expansion of 26th Street; and WHEREAS, in order to proceed with the road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to 26th Street; and WHEREAS, the County has contacted Javier and Baylee Franco and has offered to purchase the parcel as described on Exhibit "A" (the Property), and WHEREAS, the County is currently purchasing property/right-of-way from willing sellers; and WHEREAS, Javier and Baylee Franco and the County, by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 2605 53`d Avenue, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "A", fee simple, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $110,000 (One Hundred Ten Thousand Dollars). The Purchase Price 1 80 Original Property shall be $110,000 (One Hundred Ten Thousand Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the 2 81 Original Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing: 3 82 Original 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. Purchase to include refrigerator, range -oven, and dishwasher as shown in appraisal dated February 26, 2014. The County will not re responsible in any claim or controversy arising out of or relating to any realtor fees from previous listing agreements. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 4 83 Original 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: If to County: Javier and Baylee Franco 2605 53rd Avenue Vero Beach, FL 32966 Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding Tess than five (5%) 5 84 Original percent of the beneficial interest in Seller. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC (MAU f rar o— ttA 90,-)(/* Date Date* Baylee ranco ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: eph ABaird, County Administrator For L4 al Sufficiency: County Attorney 6 4- 85 Original EXHIBIT "A" Lot 1, Block G of DODGERTOWN SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page(s) 49, of the Public Records of Indian River County, Florida. Parcel ID Number: 32-39-33-00003-0007-00001.0 Commonly known as: 2605 53rd Avenue 7 86 CONSENT ITEM INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AI Community De ek sment Director THROUGH: Roland M. DeBlois, AICP Chief, Environmental Planning & Code Enforcement FROM: Kelly Buck Code Enforcement Officer DATE: 10/28/2014 RE: Angelo Zaffuto's Request for Release of an Easement at 1811 East Pebble Path (Summerplace Subdivision Unit 2) It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting on November 4, 2014. DESCRIPTION AND CONDITIONS The County has been petitioned by Angelo Zaffuto, owner of a lot at 1811 East Pebble Path in Summerplace Subdivision, for release of a five-foot side yard easement on the lot. The purpose of the easement release request is to allow for a driveway (that would otherwise conflict with the easement) to access a single-family residence being constructed on the lot (see attached maps). ANALYSIS The request has been reviewed by AT&T; Florida Power & Light Corporation; Comcast Cable Services; the Indian River County Utilities Department; the County Road & Bridge and Engineering Divisions; and the County surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staff's position that the requested easement release would have no adverse impact to drainage or utilities serving the subject property or other properties. RECOMMENDATION Staff recommends that the Board, through adoption of the attached resolution, approve release of the five- foot side yard easement described in the resolution. 87 ZAFFUTO, ANGELO Release of Easement Page 2 ATTACHMENTS I . Copy of petition/application. 2. Map(s) depicting easement proposed for release. 3. Proposed County Resolution Releasing Easement. APPROVED: FOR: November 4, 2014 I.R. ?ounty Approved Date Admin. i 4'0 ,"t [3,',1' -! Legal t/i } i G ', Budget c�//%% Dep[. /E /y Risk Mgr. ease.becmemo prof./appl. no. 95040161/73242 88 TO: Indian River County Board of County Commissioners 1801 27th Street Building A Vero Beach, Florida 32960 772-226-1237 Angelo Zaffuto , hereby petitions the Indian River County Board (Petitioner) of County Commissioners, to vacate an utility easement (O.R. Book 6 Page 85) described as: (describe street, alley, road, easement, etc.) A portion of 1811 East Pebble Path (address) Summperplace (subdivision name, parcel or tract) the southwest corner of the subject property at the northwest corner of the subject property (or in) Block C , Lot 5 , Section 23 , Township , located in , starting at and terminating laying adjacent to 31 , Range 39 , as recorded in Plat Book 6 , Page 85 , Public Records of Indian River County, Florida. The reason for this request is (should include intended use of property): FDEP and FEMA desig regulations require us to elevate the first floor of the residence above existing grade. As a result, we need a retaining wall to retain the fill and control the stormwater runoff. Due to the configuration of the lot, there is not adequate driveway distance in front of the garage doors. The additional 5 ft will allow the cars to safely maneuver. Petitioner Name (Please Print): Angelo Zaffuto Address: 1811 East Pebble Path Vero Beach, FL 32963 Telephone: Signature: 772-473 -9758 E-mail: franl@bellsouth.net Date:/c0--77/ Property owners abutting the portion of the road requested to be vacated: (if any) N/A Name Address Please submit to the Indian River County Community Development Department with required fee (payable to Indian River County), with a copy of appropriate plat, tax or description map. NOTICE Prior to formally applying for a right-of-way abandonment request, planning staff strongly encourages you to contact the planning division, public works department, the utility services department, and road and bridge to ascertain any preliminary staff objections or comments regarding your proposed request. Staff also encourages you to contact any neighbors that could be affected. Such preliminary contacts with staff and neighbors may save you time and money. Note: Later in the process, the right-of-way abandonment applicant will be responsible for having a surveyor provide a legal description and sketch for the right-of-way abandonment area. ATTACHMENT 1 89 (.9 4 0 Y Z 0 0 I- W Y 0 J 0. 0 ATTACHMENT 2 90 9 1 1 `�• / o - 12.OI' 54.60' 74.89' Summerplace Unit 2 (plat enlargement) 6.59 6` WALKWAY TO OCEAN 9Q' , 49.12' 8.22' " PRIVATE ROAD' 5 e 1436.0' -14- 2a O� W' 13.49' 12' 10 NOTES 5'siv.6 Lor EA Sp,T rgo I) FOR_ Izetitri 55' 0 \\ Ik1 SCALE I"= 1 • 12' PUBLIC UTILITIES AND DRAINAGE EASEMENT ON ALL REAR LOT LINES WHERE SHOWN.. 2 • 5' SIDE LOT EASEMENT ON LOTS 4 AND 5 BLOCK C AS SHOWN.. S• ANCHOR EASEMENT AS SHOWN. 4. 25' RADIUS ON ALL BLOCK CORNERS 5• CORNER LOT DIMENSIONS ARE TO THE INTERS'ECTICN OF STREET Ft.O.W . LINES. 6• ALL R.O.W. DIMENSIONS ON CUL-DE-SAC'S ARE ARC DIMENSIONS.. ATTACHMENT 2 91 RESOLUTION NO. 2014 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT ON LOT 5, BLOCK C, SUMMERPLACE SUBDIVISION UNIT 2 WHEREAS, Indian River County has an interest in a side lot easement on Lot 5, Block C, of Summerplace Subdivision Unit 2; and WHEREAS, the retention of the easement, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement: the nest five (5) foot side lot easement of Lot 5, Block C, Summerplace Unit 2, less and except any portion of the south five (5) foot anchor easement on the lot, according to the plat of Summerplace Unit 2 recorded in Plat Book 6, Page 85, of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of 2014, 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 declared the resolution duly passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk ATTACHMENT 3 92 RESOLUTION NO. 2014 - APPROVED AS TO LEGAL FORM // unty Attorney ease.bccdoc proj/apl. no. 95040161/73242 Cc: Applicant: ZAFFUTO, ANGELO & CARMELLA 72 STONE HILL DR MANHASSET, NY 11030 93 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Assistant County Administrator / Department of General Services CONSENT AGENDA To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C. Zito, Assistant County Administrator Date: October 28, 2014 Subject: Transfer of License from Sandridge Golf Club to Indian River County Fairgrounds BACKGROUND: For over 20 years, Sandridge Golf Club operated the snack bar and mobile beverage cart service under a liquor license granted to the Board of County Commissioners. Since privatizing the food and beverage operations at Sandridge, the concessionaire has been informed by the Florida Division of Alcoholic Beverages and Tobacco that they must hold and operate under their own license. The Concessionaire has recently obtained the license. Florida law requires that the County either terminate or transfer its current license because one facility may not operate under two licenses. Florida Statute, Section 561.20(2)(d) allows for the Board of County Commission to transfer its license to another qualified venue such as the proposed intergenerational center or the Fairgrounds. Attached is the current license #BEV4100436 and the DBPR ABT -6014 Division of Alcoholic Beverages and Tobacco Change of Location Application required in order to move the license location to the Indian River County Fairgrounds. Nothing herein prohibits a future transfer to the intergenerational center upon its completion. FUNDING: The transfer application fee of $35 is to be made payable to DBPR — Division of Alcoholic Beverages and Tobacco and must accompany the transfer application. The funds are available from the following account: Account Number Account Description Parks / License and Permits 00121072-034970 Budget Amount $ 35.00 RECOMMENDATION: Staff respectfully requests that the Board approve the transfer of license to the Indian River County Fairgrounds and authorize its Chairman to sign the DBPR — Division of Alcoholic Beverages and Tobacco Change of Location application. ATTACHMENTS: DBPR License Number BEV4100436 DBPR — Division of Alcoholic Beverages and Tobacco - Change of Location application. Payment Request form for $35.00 Application Fee IRC Alcoholic Beverage License Zoning Permit 92090142 / 73498 Approved Agenda Item FOR: Joseph A. Bai County Administrator November 4, 2014 Indian River Co. Approved Date Administration ((� toil5.1 County Attorney (�,`- _ ( o Budget t 2q l Department X421, /y Risk Management / ' F:1Assistant County Administrator\AGENDA ITEMS\2014\BCC 11 NOV 2014\BCC Memo Transfer DBPR - ABT License to Fairgrounds.doc 94 RICK SCOTT, GOVERNOR STATE OF FLORIDA KEN LAWSON, SECRETARY DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIV OF ALCOHOLIC BEVERAGES & TOBACCO ❑ _,�r� LICENSE NUMBER SERIES TYPE TOBACCO BEV4100436 4COP SCC DUAL LICENSE • , s� li JI.u� vr- n��.vnvt_IL, DE V Er Named below IS LICENSED Under the provisions of Chapter 561 FS. Expiration date: MAR 31, 2015 BOARD OF COUNTY COMM OF INDIAN RIVER COU SANDRIDGE GOLF CLUB 5300 73Rp'S rREET : • • VERO BEACH FL 32960 ISSUED: 03/05/2014 SEQ # L1403050002856 DISPLAY AS REQUIRED BY LAW VIVA FLORIDA;.:'., 95 DBPR ABT -6014 — Division of Alcoholic Beverages and Tobacco Change of Location/Change in Series or Type Application STATE OF FLORIDA DBPR Form DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION ABT -6014 NOTE — This form must be submitted as part of an application packet Revised 07/30/2012 If you have any questions or need assistance in completing this application, please contact the Department of Business and Professional Regulation or your local district office. Please submit your completed application to your local district office. This application may be submitted by mail, through appointment, or it can be dropped off. A District Office Address and Contact Information Sheet can be found on AB&T's page of the DBPR web site at the link provided below. http://www.mvflorida.com/dbpr/abt/district offices/licensing.html Auth. 61A-3.020 & 61A-5.0017, FAC ABT District Office Received / Date Stamp 1 Eff. 7/30/12 96 �y ; Transaction Type:+, ,.,,;.,, f n, • Change of Location I ❑ Increase in Series ❑ Change in Series l ❑ Decrease in Series Also include: ❑ Change of Business Name ❑ Change of Officer/Stockholder/Amended Corporate Name ❑ Retail Tobacco Products (must check one or more) ❑ Pipes ❑ Over the Counter ❑ Vending Machine Do you wish to purchase a Temporary License? ❑ Yes ❑ No Series Requested 1 Type/Class Requested 1, . MO' ti!kA1,'V.170-• 'k.w. �, .. :?r��, .;� '� „ If the applicant is a corporation or other legal entity, enter the name and the document number as registered with the Florida Department of State Division of Corporations on the line below. Full Name of Licensee: (This is the name the license is issued in) BOARD OF COUNTY COMM OF INDIAN RIVER COUNTY I Department of State Document # BEV4100436 FEIN Number* 59-6000674 Business Telephone Number 772-226-1410 ext Current Business Name (D/B/A) BOCC OF IRC / SANDRIDGE GOLF CLUB Current License # BEV4100436 Series 4COP T e/ Class Type/Class SCC New Business Name (D/B/A), if applicable Location Address (Street and Number) 5300 73RD STREET City V ERO BEACH County INDIAN RIVER State FL Zip Code 32960 Check either: ❑ Location is within the city limits or • Location is in the unincorporated county Contact Person (Optional) MICHAEL C. ZITO, ASSISTANT CTY ADMINISTRATOR Telephone Number 772-226-1410 ext E -Mail Address (Optional) MZITO@IRCGOV.COM Mailing Address (Street or P.O. Box) 1801 27TH STREET Ci VERO BEACH State FL Zip Code 32960 Auth. 61A-3.020 & 61A-5.0017, FAC ABT District Office Received / Date Stamp 1 Eff. 7/30/12 96 Auth. 61A-3.020 & 61A-5.0017, FAC 2 Eff. 7/30/12 97 't, �a j �, a{Xryr Appyf4s�7 4 i t P ro �� �,,..a.,. . r{,C. y .t SECTION 3 - D SC ill Nt4C� ✓, 2 A�$1 $ 'tQ 1 p, � � �}tx t to 5 -` ,(Y 4rV ' tl > F" �1V"', y r i' £ 1 l 1 ) ti 5t"� 4} { 1- t f ,�t 49 a lE .7t f_'� � ..•�. 3 � .. � �, _�W�/ °+i ��4 x�, � 7. xP �%f�ltF !'Vf' f T � )il �Y jb1' �y „a.. r< m r.:s r Business Name (D/B/A) BOARD OF COUNTY COMM OF INDIAN RIVER COUNTY Street Address FAIRGROUNDS / 7955 58TH AVENUE City VERO BEACH County INDIAN RIVER COUNTY State FL Zip Code 32967 1. Yes • No ❑ Is the proposed premises movable or able to be moved? 2. Yes • No 0 Is there any access through the premises to any area over which you do not have dominion and control? 3. Neatly draw a floor plan of the premises in ink, including sidewalks and other outside areas which are contiguous to the premises, walls, doors, counters, sales areas, storage areas, restrooms, bar locations and any other specific areas which are part of the premises sought to be licensed. A multi- story building where the entire building is to be licensed must show each floor plan. Auth. 61A-3.020 & 61A-5.0017, FAC 2 Eff. 7/30/12 97 The location complies with zoning requirements for the sale of alcoh, tobacco products pursuant to this application for a Series _ license Are there outside areas which are contiguous to the premises which: sought to be licensed?" ❑ Yes ❑ No 98 SECTION 3'.=- DESCRIPTION OE PREMISES TO BE'LICENSED Business Name (D/B/A).,.,/► -100/4,1t1 0t CoUNry ( OMI ss101J Street Address %955 5 8rµ AV WjE City VERo T3EAc f County ---r_i_--P�vER St to FL Zip Code 1. Yes • No ffr Is the proposed premises movable or able to be moved? 2. Yes • No Ir Is there any access through the premises to any area over which you do not have dominion and control? 3. Neatly draw a floor plan of the premises in ink, including sidewalks and other outside areas which are contiguous to the premises, walls, doors, counters, sales areas, storage areas, restrooms, bar locations and any other specific areas which are part of the premises sought to be licensed. A multi- story building where the entire building is to be licensed must show each floor plan. sr RVI& /1Q(i I`N /?i ()buoy W 3 �^ n 1N D /A IJ vE/z S - ` FAIRGROUAI.D$ T 7 EXPO Ct'NTEe.2'.�..� •� n - \ \ -\ N , cp 4 +1.'4v0/6•, 7,70 sr DPEu IM SAtcE S -ro RAS r .'l Cp i The location complies with zoning requirements for the sale of alcoh, tobacco products pursuant to this application for a Series _ license Are there outside areas which are contiguous to the premises which: sought to be licensed?" ❑ Yes ❑ No 98 ECTION PLICATION; APPROYALS: ; Full Name of Licensee BOARD OF COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA Business Name (D/B/A) Street Address 1801 27TH STREET City VERO BEACH County INDIAN RIVER COUNTY State FL Zip Code 32960 A. The location complies with zoning requirements for the sale pf alcolic beverages or wholesale tobacco products pursuant to this application for a Series '� L {7 license. B. This approval includes outside areas which are contiguous to the premises which re to be part of the premises sought to be licensed and are identified on the sketch?" ❑ Yes No Date G6/ at,//,-/ Signed Title Stan Boling, AICP Community Development Director The named applicant for a license/permit has complied with the Florida Statutes concerning registration for Sales and Use Tax. 1. This is to verify that the current owner as named in this application has filed all returns and that all outstanding billings and returns appear to have been paid through the period ending or the liability has been acknowledged and agreed to be paid by the applicant. This verification does not constitute a certificate as contained in Section 212.10 (1), F.S. (Not applicable if no transfer involved). 2. Furthermore, the named applicant for an Alcoholic Beverage License has complied with Florida Statutes concerning registration for Sales and Use Tax, and has paid any applicable taxes due. Signed Date Title Department of Revenue Stamp e requirements of the Florida Sanitary Code. Auth. 61A-3.020 & 61A-5.0017, FAC 3 Eff. 7/30/12 99 •, ` �5V'�',+n. �LL g p,t 1.. �. n :1`WVaS �` `� "t h 1 Fj4, 7 f� cif ' , ��' .I .. �1 Ynf �J4 ( J'%^S'h/�YS hF14N'��1?rt' yMti ' j k11l.G._. �i' ,. $ 9��i L$k_TY ! r �, ,n 4 � � �k�,A�IA,��pTl;' ;;� EER � ,.NE0L�G: � , �., ��, k".4 �7 t! }? Sd: +� '; SECTION, 5 , ,C AITRACTS,ORAGREEMENTS ' _ # Business Name (D/B/A) These questions must be answered about this business for every person or entity listed as the applicant and copies of agreements must be submitted with this application. If the management, service, or other contractual agreement gives a person or entity control of the licensed premises or the sale of alcoholic beverages, disclosure of those persons must be made in the section labeled "DIRECT INTEREST" in the DISCLOSURE OF INTERESTED PARTIES section. They must also submit fingerprints and a related party personal information sheet. 1 Yes • No (f17 Is there a management contract, franchise agreement, or service agreement in connection with this business? 2. Yes is No i Are there any agreements which require a payment of a percentage of gross or net receipts from the business operation? 3. Yes • No a Have you or anyone listed on this application, accepted money, equipment or anything of value in connection with this business from a manufacturer or wholesaler of alcoholic beverages? •, ` �5V'�',+n. �LL g p,t 1.. �. n :1`WVaS �` `� "t h 1 Fj4, 7 f� cif ' , ��' .I .. �1 Ynf �J4 ( J'%^S'h/�YS hF14N'��1?rt' yMti ' j k11l.G._. �i' ,. $ 9��i L$k_TY ! r �, ,n 4 � � �k�,A�IA,��pTl;' ;;� EER � ,.NE0L�G: � , �., ��, k".4 �7 t! }? Sd: +� Please applying. ❑ • This check the appropriate "Special Alcoholic Beverage License" box of the license for which you are Fill in the corresponding requirements for each Special License type. Quota Alcoholic Beverage License ❑ Special Alcoholic Beverage License Club Alcoholic Beverage License license is issued pursuant to , Florida Statutes or Special Act, and as such we acknowledge the following requirements must be met and maintained: Please sign and date: Applicant's Signature: Date: Auth. 61A-3.020 & 61A-5.0017, FAC 4 Eff. 7/30/12 100 Auth. 61A-3.020 & 61A-5.0017, FAC 5 Eff. 7/30/12 101 }, ;S,ECTION ,7 ' DISCLOSURE OF.INTERESTEDPARTIES :_ ' Note: Failure to disclose an interest, direct or indirect, could result in denial, suspension and/or revocation of your license. Business Name (D/B/A) 1. When applicable, please complete the appropriate section below. Attach extra sheets if necessary. Title/Position Name Stock % CORPORATION (CORP/INC) President Vice President Secretary Treasurer Director(s) Stockholder(s) LIMITED LIABILITY COMPANY (LLC/LC) Managing Member(s) and/or Managers Members (must be printed if there are no managing members or managers) LIMITED PARTNERSHIP (LTD/LP/LTDLLP) General Partner(s) Limited Partner(s) Bar Manager (Fraterna Organizations of National Scope only): DIRECT INTEREST Name of Individual or Entity (If a legal entity, list name under which the entity does business and its principles) Title/Position Name Stock % 2. Are there any persons not listed above who have guaranteed or co-signed a lease or loan, or any person or entity who has loaned money to the business that is not a traditional lending institution? ❑ Yes ❑ No If yes, and the terms create a direct interest in the business, you must list the person(s) or entity and indicate which of the below applies. Each directly interested person must submit fingerprints and a related party personal information sheet. Copies of agreements must be submitted with this application. Name Guarantor Co-signer Lender Interest Rate (List) r" n E E. ❑ ❑ Li E ❑ ❑ n Auth. 61A-3.020 & 61A-5.0017, FAC 5 Eff. 7/30/12 101 Business Name (D/B/A) BOARD OF COUNTY COMMISSION OF INDIAN RIVER COUNTY I, the undersigned individually, or if a registered legal entity for itself and its related parties, hereby swear or affirm that I am duly authorized to make the above and foregoing application and, as such, I hereby swear or affirm that the attached sketch is a true and correct representation of the premises to be licensed and agree that the place of business, if licensed, may be inspected and searched during business hours or at any time business is being conducted on the premises without a search warrant by officers of the Division of Alcoholic Beverages and Tobacco, the Sheriff, his Deputies, and Police Officers for the purposes of determining compliance with the beverage and retail tobacco laws." "I swear under oath or affirmation under penalty of perjury as provided for in Sections 559.791, 562.45 and 837.06, Florida Statutes, that the foregoing information is true and that no other person or entity except as indicated herein has an interest in the alcoholic beverage license and/or tobacco permit, and all of the above listed persons or entities meet the qualifications necessary to hold an interest in the alcoholic beverage license and/or tobacco permit." STATE OF FLORIDA COUNTY OF INDIAN RIVER APPLICANT SIGNATURE APPLICANT SIGNATURE The foregoing was ( ) Sworn to and Subscribed OR ( ) Acknowledged Before me this Day of , 20 , By who is ( ) personally (print name(s) of person(s) making statement) known to me OR ( ) who produced as identification. Commission Expires: Notary Public Auth. 61A-3.020 & 61A-5.0017, FAC 6 Eff. 7/30/12 102 INDIAN RIVER COUNTY PAYMENT REQUEST TO: Finance Department THROUGH: Budget Office DATE: October 28, 2014 SUBJECT: PAYMENT OF P.O. EXEMPT INVOICE FROM: Sheila S. Votzi, Staff Assistant IV Office of Assistant County Administrators Department of General Services - Ext #1223 DEPARTMENT HEAD APPROVAL: (Initials Required) Please pay the attached invoice, which does not require a requisition or purchase order. Please make check payable to: DBPR - Division of Alcoholic Beverages and Tobacco 337 North US Highway a, Suite 111 Fort Pierce, FL 34950 Check Amount: $ 35.00 Account #: 00121072-034970 Indicate any documents to be included with the check: Print "License # BEV4100436" on the check. Note: Please attach a copy of each document to be mailed. The Finance Department will keep the originals. Send copy of check to Dept.: Yes - to: General Services For Budget Use: FUNDS AVAILABLE: $ APPROVAL: Revised: 6/6/02 103 Please check with your local authority for their requirements. Applications must be submitted within 180 days of receiving this approval. Department of Revenue Clearance Department of Revenue clearance is required on applications for all new, transfer, change of location, and correction of information applications which change the licensee's name. This section of the application should be submitted directly to the Department of Revenue for completion. Applications must be submitted within 90 days of receiving this approVat—` Affidavit of Applicant Read and sign in the presence of a notary. The affidavit must be signed by the individual applicant, a partner of each general partnership, a general partner of each general partnership of a limited partnership, a managing member or manager of a limited liability company, or one of the officers of a corporate applicant. Registration of Legal Entity All corporations, domestic or foreign; general partnerships; limited liability companies; and limited partnerships are required to be registered with the Florida Department of State, Division of Corporations. If you have not already registered, you will need to contact the Department of State at (850) 488-9000 or www.sunbiz.orq for further information. Your application will be considered incomplete without this active registration. Surety Bond Surety bonds are required on all new applications for manufacturers, wholesale distributors of alcoholic beverages, wholesale distributors of cigarettes, and other tobacco products. A surety bond or a rider to the original bond must be submitted on any change of business name, change of location or change of ownership name application by the aforementioned. Contact the division's Auditing Office for further information. You may wish to have Auditing review your surety bond prior to submitting this application. Sketch of Premises A complete sketch of the premises, drawn in ink or computer generated (letter size) which includes all walls, doors, counters, sales areas, storage areas, etc. No architectural drawings are accepted. APPLICATION CHECKLIST Select the appropriate transaction below and comply with the corresponding application requirements. tl Sr " ':t v Ec '�� p. ., i0. F 4 , ?$ 1 e� !,yf l� ' i .d Jqy Y 5;Y , � S:6¢ fi .'YA\r....... �! ��",♦. .. N6 Y?l f A. .5 7 2 +4 fl�,,y+.��J1 i.I 1M1 4ui2b.?t'r� "j^�{f}� . ,'P �t A 1 „� E� � 1 r f' A :' q I � k4 � t � �2 < �.-,45.. 6 .'„ wit" �a.f k f w r �� t .. Y � �.. h' 1 .`M�. .,i.:itr Change of Location a Ni ❑ ❑ 0 ' ay $35 fee (make check payable to the Division of Alcoholic Beverages and Tobacco) Complete DBPR ABT -6014 Division of Alcoholic Beverages and Tobacco Change of Location/Change in Series or Type Application form Manufacturers, Alcoholic Beverage Wholesale Distributors, and Tobacco Products Wholesale Distributors must complete DBPR ABT -6032 Division of Alcoholic Beverages and Tobacco Surety Bond Application or submit Certificate of Deposit/Irrevocable Letter of Credit from banking institution Copy of Agreement(s) with Interested Parties Right of Occupancy Change in Series or Type 0 ❑ 0 If increasing series, pay $100 or 1/4 of the annual license fee, whichever is greater, if requesting a temporary license (make check payable to the Division of Alcoholic Beverages and Tobacco) Complete DBPR ABT -6014 Division of Alcoholic Beverages and Tobacco Change of Location Application/Change in Series or Type form Copy of Agreement(s) with Interested Parties Change of Business Name (in connection with one of the above) 0 Pay $10 (make check payable to the Division of Alcoholic Beverages and Tobacco) Auth. 61A-3.020 & 61A-5.0017, FAC 2 10/28/2014 APPLICANT: : INDIAN RIVER COUNTY ATIN: MICHAEL ZITO 1801 27"1'H ST VERO BEACH, FL. 32960 INDIAN RIVER COUNTY Environmental Planning & Code Enforcement Section 1801 27th Street. Vero I3each FE 32960 772-226-1249 772-978-1806 fax tt'N'tr. (rt'g'c )1'. c om ALCOHOLIC BEVERAGE LICENSE ZONING PERMIT PROJECT i PERMIT NO. PROJECT NAME: LOCATION OF ACTIVITY: PARCEL NUMBER: 92090142 / 73498 INDIAN RIPER COUNTY FAIRGROUNDS 7955 58TH AV 31-39-32-00000-7000-00002.0 THIS ALCOHOLIC BEVERAGE LICENSE ZONING PERMIT k issued in accordance with the Indian River County Code of Laws and Ordinances. The above named applicant is authorized to perform the herein described activity in accordance with the specifications of applicable county regulations. This permit does not absolve the applicant and/or property owner from the responsibility to satisfy state or federal regulations that nrty apply to the activity. SPECIFIC CONDITIONS (AS APPLICABLE): 1. The subject property k described as follows: SE 1/4, LESS SEI /4 OF SE 1 /4 Of SE 1 /4 & S\\ I .'4 OF SW1:4 OF SEI /4 & l.t'.SS I: 40 FT FOR RD RTW. 2. The subject property is currently zoned A-1, Agricultural District, which would alloy for the issuance of a 4 -COP (beer, wine, and liquor on-site consumption) Alcoholic Beverage License. Reference Indian River County Site Plan Numbers SI'-N1A-83-06-074 and SP -MA -90-05-32 for site location and use. 4. There are no established schools within the five hundred (500) )bot seperation distance as required by County Code Section 300.051 1 ). DATE OF PERMIT ISSUANCE: 10/28/2014 SIGNATURE OF At I1IORIZA1 ION: KeIII Baal' Cod Encement Officer Ind'i'an River County ,thy, i.net Prot :penn t no 921)90142'7 3498 105 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA u DATE: TO: THROUGH: FROM: SUBJECT: October 29, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budge 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 BY:(rdaud Josep A. Baird, County Administrator FOR: / Indian River Co Approved Date Admin! Legal 0 , Budget ) 1d pit Department V Risk Manager -- 106 Nr ' � dipp"�]iI;k,y{4� tih�: rS i ;! , a'; n✓�f� i q F � 4w } A,is � �, fi:4 �' +4kf(k� Xd RT'� ;� k mak. �y�3• �4:.' 7.. s fa, G-.eM .:. p.�C�, ilii e,y$s2 �& �, iCTi j�t}f3. 7f'y�j�. y5 '"`" �' �'', h} n _A;t� � 'ni .. �f t�,. riAli\ b1fi� • K 5 1,,. ; :, r ,,; s '� �;:f" . 'I �+ �`qti-'• `� '` h s3 S' 7^ ; S .i. �.�N 13:t '�• . '}h+'s� 'aawx � ,.a . '.=u} 1 *13341 �i 1 A ;� ti yr*"" "k 1 „y.. �' 1 I arab,+l 1t�A7�`1 7 ' .. �.i [ y� �}y;:i r _4 u 1X .-ori 1 Fa 7�`V Y ,.. , Y.�.b'. �� li'y`. �:,,7 . �.i1 1!;."4s''.• r . Facilities Management 185510 77 Heavy equipment nifty 01-6286, aerial work platform Yes Finance Printer Table Yes Health Department Fabric Chair (5) Yes Health Department Garmin Navigation System (2) Yes Health Department Wood Desk with small table Yes Health Department wood desk with 2 drawers Yes North County Library 20741 Mitsubishi LCD projector No North County Library 22265 HP ColorJet 4650n Yes North County Library Kyocera KM 2030 Photocopy machine No North County Library Toshiba Satellite Laptop 24097677H Yes North County Library RCA TV 32V432TYX1 Yes Dodgertown Storage Unit No Dodgertown Vulcan Flat Top Stove No Dodgertown Over Shelf No Dodgertown Grill No Dodgertown Griddle No Computer Services Misc Computer Equipment, Non -Asset Tower, monitors, keyboards, etc No Emergency Services 18468 541 1998 Pierce Saber Fire Truck 4P1CTO2U6XA000911 Yes Road & Bridge 192400 Telephone system Yes Sandridge (305) Toro 670 Sprinkler Heads Yes Sandridge (15) Toro 760 Sprinkler Heads Yes Sandridge (48) Toro 835 Sprinkler heads Yes Excess Equipment List - 110414 1/1 107 Indian River County Interoffice Memorandum Office of Management & Budget Consent Agenda l `U To: Members of the Board of Counted Commissioners From: Jason E. Brown Director, Office of Management & Bjdget Date: October 29, 2014 Subject: Miscellaneous Budget Amendment 027 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Health Insurance claims are exceeding budgeted figures by approximately $800,000. The attached entry appropriates funding from Health Insurance Fund/Cash Forward Oct 1st 2. It has become necessary to "roll over" tourism marketing funds for Historic Dodgertown due to timing differences between the lease agreement and the fiscal year. The attached entry appropriates funding from Tourist Tax Fund/Cash Forward Oct 1St in the amount of $4,901. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2013/2014 budget. Attachments Budget Amendment 027 and Resolution APPROVED AGENDA ITEM: BY: Ccg.zAa -4 • i Jose6h A. Baird County Administrator FOR: November 4, 2014 Indian River County Approved Date Administrator !a,/%l/ Legal 4 !J )21)\‘.1 q",/-- 1,,,,14 - Department Risk Management 108 RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2013-2014 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2013-2014 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2013-2014 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and 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 Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2014. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Peter D. O'Bryan, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 109 Resolution No. 2014 - Budget Office Approval: xhibit "A" Jason E. Bro get Director Budget Amendment: 027 Entry Number Fund/ Departm n ccount Name Account Number 1. Revenue Health Insurance Fund/Non-Revenue/Cash Forward Oct 1st 504039-389040 Expense Health Insurance Fund/Health Insurance/Insurance Claims 50412719-034580 2. Revenue Tourist Tax Fund/Non-Revenue/Cash Forward Oct 1st 119039-389040 Expense Tourist Tax Fund/Dodgertown/Minor League Baseball 11916275-088005 Increase Decrease $800,000 $0 $800,000 $0 $4,901 $0 $4,901 $0 110 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: DATE: Joseph A. Baird, County Administrator Christopher R. Mora, P.E. Public Works Director James D. Gray, Jr. Coastal Engineer Com' CONSEN FDEP Grant Agreement No. 14IR3 Wabasso Beach Restoration Project (Sector 3) October 27, 2014 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2013/2014 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. FDEP has issued Agreement No. 14IR3 to commit state funds for the partial reimbursement of permit -required post construction monitoring on the initial Sector 3 Beach and Dune Restoration Project. Funding under this grant is only for post construction monitoring conducted in 2013. The attached agreement commits up to $446,772.78 at a cost share ratio of 50% State - 50% Local. The total local share under this agreement is $223,386.39 with a maximum State reimbursement of $223,386.39. The Agreement identifies Indian River County as the Local Sponsor, County Coastal Engineer James Gray as the project manager, and has an expiration date of March 31, 2015. All 2013 post construction monitoring is 100% complete. Therefore, once Agreement No. 14IR3 is fully executed, staff will submit an invoice to the State for the entire grant reimbursement of $223,386.39. FUNDING All work under the 2013 post construction monitoring is completed and does not require additional local funding in order to receive State reimbursement. Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. F:\Public Works\JamesG\141R3 Grant\Agenda Items\agenda item 141R3 FDEP Grant Agreement -- Sector 3 2013 Post Construction Monitoring Reimbursement 1 I-4-14.docx 111 Page 2 BCC Agenda Item FDEP Grant Agreement 14IR3 November 4, 2014 RECOMMENDATION Staff recommends the Board approve FDEP Grant Agreement No. 14IR3 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. Following Board approval, the County will transmit both partially executed Agreements to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 14IR3 from the State, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENT 1. FDEP Grant Agreement 14IR3 (1 original copy) 2. Indian River County Grant Form No. 141R3 APPROVED AGENDA ITEM FOR: November 4, 2014 Indian River County Approved Date Administration W /0 2,4, r Budget r' 102-T 14 Legal v y IL- -i'I Public WorksCA"."...#o/.fi Coastal Eng. Division JR? 4042/ 1)4 F:\Public Works\JamesG\141R3 Grant\Agenda Items\agenda item 141R3 FDEP Grant Agreement -- Sector 3 2013 Post Construction Monitoring Reimbursement 1 1-4-14.docx 112 GRANT NAME: FDEP Indian River County Sector 3 Beach and Dune GRANT # 14IR3 AMOUNT OF GRANT: $446,772.78 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 1. How long is the grant for? March 31, 2015 Starting Date: January 1, 2013 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 50.00 5. Grant match amount required $223,386.39 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? This grant is for the reimbursement of local funds expended during FY 2013/2014 and does not require additional local funding in order to receive State reimbursement. Local funding during FY 2013/2014 was provided by the Beach Restoration Fund, Sector 3 Post Construction Monitoring Account No. 12814472-033490-05054. 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) No No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year g` A Ai I 1R $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, cap'tal, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: i V Date: 10/2 3-114- 113 -114- 113 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year g` A Ai I 1R $ $ $ Signature of Preparer: i V Date: 10/2 3-114- 113 -114- 113 DEP AGREEMENT No: 141R3 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESOURCE MANAGEMENT BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM STATE OF FLORIDA GRANT AGREEMENT FOR WABASSO BEACH RESTORATION PROJECT THIS AGREEMENT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "DEPARTMENT"), whose address is 2600 Blair Stone Road, MS 3554, Tallahassee, Florida 32399, and INDIAN RIVER COUNTY, a local government (hereinafter referred to as the "LOCAL SPONSOR"), whose address is Indian River County Public Works, 1801 27th Street, Vero Beach, Florida 32960, for the project described herein. WHEREAS, the DEPARTMENT, pursuant to Section 161.091 - Section 161.161, Florida Statutes, provides financial assistance to eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program; and, WHEREAS, pursuant to 62B -36.005(1)(d), Florida Administrative Code, the LOCAL SPONSOR has resolved to support, serve as local sponsor, demonstrated a financial commitment to the beach erosion control project as described herein, and has the ability to perform the tasks associated with the project described herein. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the DEPARTMENT and the LOCAL SPONSOR do hereby agree as follows: 1. The DEPARTMENT does hereby retain the LOCAL SPONSOR to implement the beach erosion control project known as the WABASSO BEACH RESTORATION PROJECT, (hereafter referred to as the PROJECT), as defined in Attachment A (Grant Work Plan), attached hereto and made a part hereof. The LOCAL SPONSOR does hereby agree to perform such services as are necessary to implement the PROJECT in accordance with the terms and conditions set forth in this Agreement, and all attachments and exhibits named herein that are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee", "Recipient" and "Local Sponsor" are used interchangeably. 2. This Agreement shall begin on the last date executed and end on March 31, 2015. Pursuant to Section 161.101 (18), Florida Statutes, and 62B-36.009, Florida Administrative Code, work conducted on this PROJECT by the LOCAL SPONSOR or its subcontractor and approved by the DEPARTMENT beginning on or after January 1, 2013, may be eligible for reimbursement by the DEPARTMENT, provided that the PROJECT is approved by the DEPARTMENT. If work identified in the approved Grant Work Plan is completed prior to time allowed in this Agreement, this Agreement may be amended to close out the Agreement. 3. The LOCAL SPONSOR shall perform the services in a proper and satisfactory manner as determined by the DEPARTMENT. 4. Any and all equipment, products or materials necessary to perform these services, or requirements as further stated herein, shall be supplied by the LOCAL SPONSOR. DEP Agreement No. 14183, Page 1 of 11 114 5. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature of the State of Florida and subject to the release of funds appropriated to the DEPARTMENT. 6. The LOCAL SPONSOR shall implement the PROJECT and complete said PROJECT upon the terms and conditions set forth in this Agreement and all present and future requisite authorizations and environmental permits. The PROJECT consists of restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 - R51 (critically eroded section) in Indian River County (Sector 3). Phase I construction was completed in 2010. Phase II construction was initiated in 2011 and completed in 2012. The life of the PROJECT is defined as ten (10) years following completion of each construction event. The parties expressly agree that the provisions of this paragraph shall survive and be enforceable beyond the expiration date of this Agreement. 7. A. For tasks, as specified in Table 1 below and in Attachment A, the LOCAL SPONSOR shall develop a detailed Scope of Work which shall include a narrative description of each task, a corresponding detailed budget for each deliverable under that task and a schedule for completion of each task and deliverable. Each Scope of Work shall require approval by the DEPARTMENT as to content, deliverables, and schedule prior to initiating the work. The tasks must be incorporated into the Grant Work Plan in the form of an approved amendment to this Agreement. 8. A. The DEPARTMENT and the LOCAL SPONSOR agree that the estimated costs of the PROJECT are identified in Table 1 below: TABLE 1 Eligible Project Task # Eligible Project Tasks State Cost Share (%) Federal DEP Local Total 4.0 Monitoring 4.1 2013 Sea Turtle Monitoring 50% $73,643.50 $73,643.50 5147,287.00 4.2 2013 Physical Monitoring 50% $28,761.68 $28,761.68* $57,523.36 4.3 2013 Hardbottom Monitoring 50% $120,981.21 $120,981.21 5241,962.42 TOTAL PROJECT COSTS $223,386.39 $223,386.39 $446,772.78 B. Changes in PROJECT costs that transfer funds from one task to another or that increase or decrease the total funding amount shall require a formal amendment to the Agreement. 9. The DEPARTMENT has determined that hundred (100) percent of the non-federal PROJECT cost is eligible for state cost sharing. Therefore, the DEPARTMENT's financial obligation shall not exceed the sum of $223,386.39 for this PROJECT or up to fifty (50) percent of the non-federal project cost, if applicable, for the specific eligible PROJECT items listed above, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. 115 DEP Agreement No. 14183, Page 2 of 11 10. The DEPARTMENT and the LOCAL SPONSOR agree that any and all activities associated with the PROJECT that are not shown in Table 1 are the responsibility of the LOCAL SPONSOR and are not a part of -this Agreement. The LOCAL SPONSOR agrees that any costs for the specific eligible PROJECT tasks that exceed the estimated PROJECT costs for that task shall be the responsibility of the LOCAL SPONSOR. Any modifications to the estimated TOTAL PROJECT COSTS shown in Table 1 above, shall be provided through formal amendment to this Agreement. 11. The LOCAL SPONSOR shall perform as an independent contractor and not as an agent, representative, or employee of the DEPARTMENT. 12. As consideration for the satisfactory completion of the eligible work identified in Attachment A and approval of the work by the DEPARTMENT, the DEPARTMENT agrees to compensate the LOCAL SPONSOR on a cost reimbursement basis. All requests for reimbursement shall be made in accordance with Attachment B (Contract Payment Requirements), attached hereto and made a part hereof, and State guidelines for allowable costs found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.fldfs.com/aadir/reference%5Fguide. The LOCAL SPONSOR shall submit a request for reimbursement of funds on the forms provided as Attachment C (Request for Payment, PARTS I — IV), attached hereto and made a part hereof. These forms are to be submitted upon completion of deliverables identified in the approved Scope of Work. These forms shall be certified as accurate by the LOCAL SPONSOR's Project Manager and the LOCAL SPONSOR's Project Financial Officer and submitted to the DEPARTMENT as a payment request. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for the reimbursement of travel expenses shall be based on the travel limits established in Section 112.061, Florida Statutes. A final invoice shall be due no later than thirty (30) days following the completion date of this Agreement. The DEPARTMENT will not release funds for construction activities until such time as all requisite authorizations, environmental permits, and variances, including those required pursuant to Chapters 161, 253, 258 and 373, Florida Statutes, have been obtained. The final payment will not be processed until the match requirement has been met. 13. The DEPARTMENT's Project Manager shall have thirty (30) days after receipt of each request for payment to determine that the work has been accomplished in accordance with the terms and conditions of this Agreement prior to approving the request for payment. It is understood and agreed that any request for payment that requires the DEPARTMENT to request additional information of the LOCAL SPONSOR shall stop time for the DEPARTMENT's review period and will reset when such information is received as requested by the DEPARTMENT. Upon approval of the request for payment the DEPARTMENT shall disburse the funds due the LOCAL SPONSOR less ten (10) percent which shall be retained on account. The cumulative amount retained for each eligible deliverable item shall be disbursed to the LOCAL SPONSOR after the DEPARTMENT has certified that the LOCAL SPONSOR has complied with all the terms and conditions of the Agreement. The DEPARTMENT will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within thirty (30) calendar days of such request. If applicable, the LOCAL SPONSOR may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). 14. For the duration of this Agreement, the LOCAL SPONSOR shall submit to the DEPARTMENT's Project Manager on a quarterly basis, Attachment C (Project Progress Report, Part III), as updates to the project schedule, no later than thirty (30) days following the completion date of the quarterly reporting period in which the project is underway. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30, and December 31. Progress reports are to be DEP Agreement No. 141 R3, Page 3 of 11 116 submitted electronically in Word .doc or tab delimited .TXT format. Information provided shall be the best available and shall represent the most accurate forecast of future events. Specific information to be included in the quarterly report: tasks to be completed, start and finish dates, task duration, and actual start and finish dates with actual task duration. In cases where no reimbursement is sought for a given quarter, all applicable portions of the progress report must still be completed and submitted. The timely submittal of these quarterly reports will result in points for the ranking of future projects under the Beach Management Funding Assistance Program. 15. Upon completion of a task or the PROJECT, the LOCAL SPONSOR shall submit to the DEPARTMENT a certification of completion, attached hereto as Attachment D (Project Completion Certification). A final PROJECT certification inspection shall be made by the DEPARTMENT within sixty (60) days after the PROJECT is certified complete by the LOCAL SPONSOR. 16. The LOCAL SPONSOR shall, at a minimum, comply with monetary limits for competitive acquisition of both materials and services as required by Chapter 287, and Chapter 161.101(17), Florida Statutes, which are expressly made a part of this Agreement and incorporated herein by reference as if fully set forth. 17. The applicable provisions of Chapter 161, Florida Statutes, entitled "Beach and Shore Preservation", and any rules promulgated there from, are expressly made a part of this Agreement and are incorporated herein by reference as if fully set forth. 18. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 19. A. The DEPARTMENT may terminate this Agreement at any time in the event of the failure of the LOCAL SPONSOR to fulfill any of its obligations under this Agreement. Prior to termination, the DEPARTMENT shall provide ten (10) days written notice of its intent to terminate and shall provide the LOCAL SPONSOR an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this Agreement without cause and for its convenience by giving thirty (30) days written notice to the LOCAL SPONSOR. Notice shall be sufficient if delivered personally or overnight courier to the address set forth in this Agreement. 20. No payment will be made for deliverables deemed unsatisfactory by the DEPARTMENT. In the event that a deliverable is deemed unsatisfactory by the DEPARTMENT, the LOCAL SPONSOR shall re- perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the DEPARTMENT, within ten (10) days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the DEPARTMENT may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the DEPARTMENT'S Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the LOCAL SPONSOR to the DEPARTMENT. All CAPs must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the DEPARTMENT. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the DEPARTMENT shall notify the LOCAL SPONSOR in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the LOCAL SPONSOR shall have ten (10) calendar days from receipt of the 117 DEP Agreement No. 14183, Page 4 of 11 DEPARTMENT letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the DEPARTMENT approval of a CAP as specified above shall result in the DEPARTMENT'S termination of this Agreement for cause as authorized in this Agreement. B. Upon the DEPARTMENT'S notice of acceptance of a proposed CAP, the LOCAL SPONSOR shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the DEPARTMENT does not relieve the LOCAL SPONSOR of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by LOCAL SPONSOR, the DEPARTMENT shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the DEPARTMENT or steps taken by the LOCAL SPONSOR shall preclude the DEPARTMENT from subsequently asserting any deficiencies in performance. The LOCAL SPONSOR shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the DEPARTMENT as requested by the Department Grant Manager. C. Failure to respond to the DEPARTMENT's request for a CAP or failure to correct a deficiency in the performance of the LOCAL SPONSOR as specified by the DEPARTMENT may result in termination of this Agreement. The remedies set forth above are not exclusive and the DEPARTMENT reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 22. Any notices between the parties shall be considered delivered by email, overnight courier or delivered in person to the contact person at the addresses below. LOCAL SPONSOR James Gray Indian River County Indian River County Public Works, 1801 27th Street, Vero Beach, Florida 32960 772-226-1344 igray@irgov.com DEPARTMENT Dena VanLandingham, Grant Program Administrator Department of Environmental Protection Beach Management Funding Assistance Program 2600 Blair Stone Road, MS 3554 Tallahassee, Florida 32399 (850) 245-7692 Dena.Vanlandingham@dep.state.fl.us Any changes to the contact information shown above or in paragraph 24 must be reduced to writing in the form of an email notification. 23. The LOCAL SPONSOR's Project Manager for all matters is James Gray, Phone: (772) 226-1344. The DEPARTMENT's Project Manager for all technical matters is Catherine Florko, Phone: (850) 245- 7688 and the DEPARTMENT's Grant Program Administrator for all administrative matters is Dena VanLandingham, Phone: (850) 245-7692. DEP Agreement No. 14IR3, Page 5 of 11 118 24. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the LOCAL SPONSOR to allow public access to all documents, papers, letters, or other material made or received by the LOCAL SPONSOR in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1)(a), Florida Statutes. 25. The LOCAL SPONSOR shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The DEPARTMENT, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the LOCAL SPONSOR shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 26. A. In addition to the requirements of the preceding paragraph, the LOCAL SPONSOR shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the LOCAL SPONSOR in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the LOCAL SPONSOR for each amendment that authorizes a funding increase or decrease. If the LOCAL SPONSOR fails to receive a revised copy of Exhibit 1, the LOCAL SPONSOR shall notify the DEPARTMENT's Grant Program Administrator at 850/245-7692, to request a copy of the updated information. B. The LOCAL SPONSOR is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The LOCAL SPONSOR shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the LOCAL SPONSOR shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a sub recipient or vendor. For state financial assistance, the LOCAL SPONSOR shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https://apps.fldfs.com/fsaa The LOCAL SPONSOR should confer with its chief financial officer, or audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 27. In accordance with Section 216.347, Florida Statutes, the LOCAL SPONSOR is hereby prohibited from using funds provided by this Agreement for the purposes of lobbying the Legislature, the judicial branch or a state agency. 28. The LOCAL SPONSOR covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. DEP Agreement No. 14IR3, Page 6 of 11 119 29. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party. Nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 31. To the extent required by law, the LOCAL SPONSOR will be self-insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project. In the case any work is subcontracted, the LOCAL SPONSOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the LOCAL SPONSOR. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law, Chapter 440, Florida Statutes. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the LOCAL SPONSOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 32. The LOCAL SPONSOR warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the LOCAL SPONSOR's officers, employees, servants and agents while acting within the scope of their employment with the LOCAL SPONSOR. 33. The LOCAL SPONSOR recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. 34. This Agreement is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 35. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list maintained by the Florida Department of Management Services may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850)487-0915. 36. A. The accounting systems for all LOCAL SPONSORS must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for 120 DEP Agreement No. 141R3, Page 7 of 11 separately. LOCAL SPONSORS are prohibited from commingling funds on either a program - by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a LOCAL SPONSOR's, or subrecipient's, accounting system cannot comply with this requirement, the LOCAL SPONSOR, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. B. If the DEPARTMENT finds that these funds have been commingled, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the funds provided to the LOCAL SPONSOR under this Agreement for non-compliance with the material terms of this Agreement. The LOCAL SPONSOR, upon such written notification from the DEPARTMENT shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the DEPARTMENT by the LOCAL SPONSOR to the date repayment is made by the LOCAL SPONSOR to the DEPARTMENT. C. In the event that the LOCAL SPONSOR recovers costs, incurred under this Agreement and reimbursed by the DEPARTMENT, from another source(s), the LOCAL SPONSOR shall reimburse the DEPARTMENT for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the LOCAL SPONSOR to the date repayment is made to the DEPARTMENT by the LOCAL SPONSOR. 37. A. The LOCAL SPONSOR shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the DEPARTMENT's Project Manager. Regardless of any subcontract, the LOCAL SPONSOR is ultimately responsible for all work to be performed under this Agreement. The LOCAL SPONSOR shall submit a copy of the executed subcontract to the DEPARTMENT within ten (10) days after execution. The LOCAL SPONSOR agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the DEPARTMENT and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the LOCAL SPONSOR that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the LOCAL SPONSOR shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The LOCAL SPONSOR will be responsible for auditing all travel reimbursement expenses based on the travel limits established in Section 112.061, Florida Statutes. 1. The LOCAL SPONSOR may award, on a competitive basis, fixed price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the DEPARTMENT for fixed price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (Invitation to Bid or Request for Proposals) resulting in the fixed price subcontract. 2. The LOCAL SPONSOR may request approval from the DEPARTMENT to award a fixed price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the LOCAL SPONSOR shall request the advance written approval from the DEPARTMENT's Project Manager of the fixed price negotiated by the LOCAL SPONSOR. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon DEP Agreement No. 14183, Page 8 of 11 121 receipt of the DEPARTMENT Project Manager's approval of the fixed price amount, the LOCAL SPONSOR may proceed in finalizing the fixed price subcontract. 3. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. B. The DEPARTMENT supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A List of Minority Owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 38. When applicable, the LOCAL SPONSOR shall also notify the DEPARTMENT's Project Manager of the selection of an intended subcontractor for a construction task and provide a tabulation list from which the intended subcontractor was selected. The LOCAL SPONSOR shall also provide the bid form for the successful bidder. The LOCAL SPONSOR shall select eligible consultants licensed to offer services in the State of Florida for studies, design and permitting and monitoring tasks in accordance with Chapter 287, F. S. Upon the DEPARTMENT's request, the LOCAL SPONSOR shall furnish copies of the respective solicitation documents. Solicitation documents include, but are not limited to, the solicitation and responses thereto, the bid tabulations, and the resulting contract(s), including a detailed Scope of Work. 39. The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 40. The DEPARTMENT may at any time, by written order designated to be a change order, make any change minor modifications, as described below. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the LOCAL SPONSOR's cost or time, shall require formal amendment to this Agreement. Minor modifications which will be handled with a change order include notification of, a modification of deliverable due dates when such change does not involve an extension of contract, and modifying the Project Work Plan when such modifications would not involve a decrease/increase in cost or an extension of the performance period of this Agreement. 41. The LOCAL SPONSOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEPARTMENT under this Agreement. The LOCAL SPONSOR acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The LOCAL SPONSOR further agrees to include this provision in all subcontracts issued as a result of this Agreement. 42. The LOCAL SPONSOR shall obtain from each owner of upland property, which is adjacent to the erosion control project, a sufficient property interest in order to construct, maintain, monitor, and repair the erosion control project prior to entering each individual property to conduct such activities. 43. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreement, the LOCAL SPONSOR shall promptly notify the DEPARTMENT orally. Within seven (7) days, the LOCAL SPONSOR shall notify the DEPARTMENT in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the LOCAL SPONSOR' s intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the DEPARTMENT may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution DEP Agreement No. 141R3, Page 9 of 11 122 of an amendment to this Agreement. Such agreement shall be confirmed by letter from the DEPARTMENT accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the LOCAL SPONSOR, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the LOCAL SPONSOR and/or the DEPARTMENT. The LOCAL SPONSOR is responsible for the performance of all services issued under this Agreement. Failure to perform by the LOCAL SPONSOR's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 44. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 123 DEP Agreement No. 14IR3, Page 10 of 11 IN WITNESS WHEREOF, the undersigned have signed and executed this Agreement on the respective dates under their signatures: INDIAN RIVER COUNTY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title: Commission Chair Date: FEID No. 59-2073525 Local Sponsor'sAttorney (if necessary) By: Department of Environmental Protection Secretary or designee Date: Department of Environmental Protection: Grant Program Administrator APPROVED as to form and legality: Department of Environmental Protection Attorney *If someone other than the Commission Chair signs this Agreement, a resolution, statement or other documentation authorizing that person to sign the Agreement on behalf of the County/City must accompany the agreement. List of Attachments/Exhibits Specify Type Attachment Attachment Attachment Attachment Attachment Letter/ Number included as part of this Agreement: Description (include number of pages) A Grant Work Plan (2 pages) B Contract Payment Requirements (1 page) C Request For Payment, Parts I - IV (4 pages) D Project Completion Certification (1 page) E Special Audit Requirements (5 pages) DEP Agreement No. 14IR3, Page 11 of 11 124 ATTACHMENT A GRANT WORK PLAN Project Title: Wabasso Beach (Sector 3) Restoration Project. Project Location: Between R20 and R51.3 in Indian River County. Project Background: Restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 - R51 (critically eroded section) in Indian River County (Sector 3). Phase I construction was completed in 2010. Phase II construction was initiated in 2011 and completed in 2012. The PROJECT shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable DEPARTMENT permits and the eligible project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standard technical specifications contained in the DEPARTMENT'S Monitoring Standards for Beach Erosion Control Projects (2004) and Geographic Information System Guidelines, unless otherwise specified in the approved Scope of Work (herein after referred to as SOW) for an eligible PROJECT item. The monitoring standards and GIS guidelines may be found at http://www.dep.state.fl .us/beaches/publications/pdf/PhysicalMonitoringStandards.pdf. One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the DEPARTMENT, unless otherwise specified. Project Description: The deliverables listed below are to be completed and approved by the DEPARTMENT by the due date listed. 4.0 Monitoring A monitoring program conducted in accordance with the requirements specified in any and all permits issued by the Department and the US Army Corps of Engineers. A monitoring plan must be submitted and approved in writing by the Department prior to the initiation of monitoring activities. The plan shall be developed in a manner which will coordinate the monitoring activities associated with current shoreline stabilization projects located within or adjacent to the project area and with the Department's Regional Coastal Monitoring Program. Performance Standard: All deliverables, reports, and monitoring results will be circulated to the Bureau for review and comment. When comments are received from the Bureau affirming that the deliverable is acceptable, payment will be authorized. 4.1 2013 Sea Turtle Monitoring Permit required sea turtle monitoring included pre -nesting nighttime lighting evaluations, escarpment monitoring, in -water turtle monitoring, post -construction sea turtle monitoring and crawl documentation, data management, Quality Assurance, nest marking, summary report and preparation of permit required spreadsheet. Deliverable A: DEP permit required monitoring data, as presented on FWC formatted spreadsheet and final interpretative report. Total Cost: $147,287 (DEP cost $73,643.50). Due Date: January 30, 2017. DEP Agreement No. 14183, Attachment A, Page 1 of 2 125 4.2 2013 Physical Monitoring Permit required physical monitoring was conducted in accordance with the terms and conditions of DEP permit number 0285993 -001 -JC. The post construction physical monitoring efforts included data acquisition and quality control, survey data analysis and the preparation of a physical monitoring report. Deliverable A: 2013 Physical monitoring report. Total Cost: $40,473.36 (DEP cost $20,236.68). Due Date: January 30, 2017. Deliverable B: 2013 Survey data in DEP format. Total Cost: $17,050 (DEP cost $8,525). Due Date: January 30, 2017. 4.3 2013 Hardbottom Monitoring Permit required hardbottom monitoring was conducted in accordance with the terms and conditions of DEP permit number 0285993 -001 -JC. The post construction hardbottom monitoring efforts included transect monitoring surveys of 23 previously established permanent cross -shore transects from R20 through R65. The field surveys also consisted of the mapping of nearshore edge of hardbottom along the length of the project. Hardbottom monitoring also included a post -construction UMAM analysis of hardbottom impacts. Deliverable A: 2013 Hardbottom monitoring report and UMAM analysis report. Total Cost: $241,962.42 (DEP cost $120,981.21). Due Date: January 30, 2017. NOTE: The deliverable due dates established in this Grant Work Plan indicate the time by which a deliverable is received and approved for cost sharing. The dates do not necessarily correspond with permit required due dates. The Local Sponsor must meet the terms of the permit for compliance. All Tasks are Contractual Services. DEP Agreement No. 14IR3, Attachment A, Page 2 of 2 126 ATTACHMENT B Florida Department of Environmental Protection DEP 55-219 Contract Payment Requirements Required Signatures: No Signature Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other Reimbursement will be made based on paid invoices/receipts. If nonexpendable direct property is purchased using State funds, the contract should include a provision for costs the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house Charges which may be of an internal nature (e.g., postage, copies, etc.) may be charges reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect If the contract specifies that indirect costs will be paid based on a specified rate, costs then the calculation should be shown. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: http://www.fldfs.com/aadir/reference_guide.htm . DEP Agreement No. 14183, Attachment B, Page 1 of 1 127 ATTACHMENT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART I PAYMENT SUMMARY NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT LOCAL SPONSOR: INDIAN RIVER COI1NTY DEP Agreement Number 141R1 Billing Number: Costs Incurred This Payment Request: Billing Type: ❑ Interim Billing ❑ Final Billing Federal Share* State Share Local Share Total $ $ $ $ *if applicable Cost Summary: State Funds Obligated $ Less Advance Pay $ Less Previous Payment $ Less Previous Retained $ Less This Payment $ Less This Retainage (10%) $ State Funds Remaining $ Local Funds Obligated $ Less Advance Pay $ Less Previous Credits $ Less This Credit $ Local Funds Remaining $ DEP Agreement No. 14IR3, Attachment C, Page 1 of 4 128 .0 0 .4) a ao GO U 0 c4 0 0 ripMW 0 V) U tU w O z Person Completing Form & Telephone Number (2): REIMBURSEMENT DETAIL State Payment (13) q vee L C N L •-. v :tr3°' aai Retainage Payment (11) Local Share (10) State Share (9) % State Share (8) Non - Federal Share (7) Federal Share of Invoice Amount (6) % Fed Share (5) al 6D N et W U0 Deliverable Number (3) Check Number Invoice Date Invoice Number Vendor Name It Total Due to Local Sponsor (14) U V E c_ N - U 44 0 Y2 u 0 = '0 O '— 4j w O E U v a tall N W N N O Q 0 o3 0 A N 00 44 • E•>N 0.)> v '0o7, c a. /y) N H u Q0 U N ^ G 0 E .L E O o0 u�_ .�� d o c t• Q Y H o c• >-5 E o•E - c E _J_OOwME - o f f• �.c-¢�¢� OUN c p ,ti I il° c I i.ua., oTOL2�U°t��Utz�Y?°J��� ca�•VQ• C 9o 0;9.ac•ti aieqqsoC..1t8511 NN ; • o U d . �4O• y0CO1wOeFNN:10. ViQy3Uqu U 7a p N 5 7 p N 2V) U y i 1d � j � �U q• d RJ .— • .. ... . c ▪ r.Q • c O O U y Q 7.1 W W 0 ` 0. LL y 00 c d DG Z3.. U, c Vi — = p, — 0.• N -• L°'Cr N c 0> . w ` y•@ yuO 0 E�ga.C]w0 W Za.v) ga4 cnE- ;; [° -N<+l V vi,O t� 000;0-N cn V•.7 DEP Agreement No. 141R3, Attachment C, Page 2 of 4 129 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT — PART III PROJECT PROGRESS REPORT NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR3 Billing Number: Report Period: Status of Eligible Project Items: (Describe progress accomplished during report period, including statement(s) regarding percent of task completed to date. Describe any implementation problems encountered, if applicable.) Task Eligible Project No: Item: (SEE EXAMPLE) 4.0 MONITORING 4.1 2013 Sea Turtle Monitoring 4.2 2013 Physical Monitoring 4.3 2013 Hardbottom Monitoring DEP Agreement No. 14IR3, Attachment C, Page 3 of 4 130 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM CERTIFICATION OF DISBURSEMENT REQUEST REQUEST FOR PAYMENT — PART IV NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR3 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the LOCAL SPONSOR; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the grant work plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Name of Project Financial Officer Signature of Project Administrator Date Signature of Project Financial Officer Date DEP Agreement No. 14IR3, Attachment C, Page 4 of 4 131 ATTACHMENT D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM PROJECT COMPLETION CERTIFICATION NAME OF PROJECT: WABASSO BEACH RESTORATION PROJECT LOCAL SPONSOR: INDIAN RIVER COUNTY DEP Agreement Number: 14IR3 Task Completion ❑ Project Completion ❑ *I hereby certify that the above mentioned project task has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the Federal final accounting has been completed. Name of Project Manager Signature of Project Manager Date DEP Agreement No. 14IR3, Attachment D, Page 1 of 1 132 Florida Department of Environmental Protection ATTACHMENT E (SPECIAL AUDIT REQUIREMENTS) Required Signatures: No Signature The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department"; "DEP'; "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (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. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or Local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $500,000 or more m 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 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection 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 of Environmental Protection. 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 of 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, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at intp://12.46.245.173/cfda/cfda.html. 133 DEP Agreement No. 14183, Attachment E, Page 1 of 5 Florida Department of Environmental Protection ATTACHMENT E (SPECIAL AUDIT REQUIREMENTS) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. 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 of such recipient, 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 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection 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 of Environmental Protection, 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(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/iudex.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment 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: DEP Agreement No. 14IR3, Attachment E, Page 2 of 5 FLOR A Florida Department of Environmental Protection ATTACHMENT E (SPECIAL AUDIT REQUIREMENTS) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/fac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(0, OMB Circular A-133, 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 of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32990-1450 DEP Agreement No. 14183, Attachment E, Page 3 of 5 135 Florida Department of Environmental Protection ATTACHMENT E (SPECIAL AUDIT REQUIREMENTS) 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting fmancial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, 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 recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 14IR3, Attachment E, Page 4 of 5 136 State Appropriation Category 140126 Funding Amount $223,386.39 CFDA Title Beach Management Funding Assistance Program w 0 M Federal Agency O Federal Program Number M State Appropriation Category 140126 Funding Amount $223,386.39 CSFA Title or Funding Source Description Beach Management Funding Assistance Program CSFA Number M O O M State Fiscal Year 2013-2014 Funding Source General Revenue GGA Line Item # 1626 State Program Number Original Agreement -'1)b A a, k„ . v XO., U R: >, O c3 t y 0 U U o •a) O c " w - 7.1O ob Ovi Cr ' o id •�2 En Eci a> E 4-1 O- E E 3 Ti 0 U U t 0 a> 7,4 o .0 0U Cqt3 O o..5 U 6 boa Ts —' 6 U 0 o 00) •- 7d 0 f7. CU mas .o p' 0 0 CUce =b •T N 0 4-, d M O 0N0E oN0 (1,)�C i U 137 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM PUBLIC WEARING LDR AMENDMENT HEARING #1 (LEGISLATIVE) TO: Joseph A. Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP smmunity Development Director DATE: October 24, 2014 SUBJECT: Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 4, 2014. BACKGROUND At its meeting of September 23, 2014, the Board of County Commissioners (Board) discussed potential negative local impacts if the medical marijuana constitutional amendment (Amendment 2) is successfully passed by the voters on November 4 (see attachment #1). Board members indicated that officials from many local governments in Florida are concerned and that many local governments in Florida are preparing local ordinances to address medical marijuana "dispensaries", similar to local ordinances enacted a few years ago to address "pill mills" (pain management clinics). At the September 23`d meeting, the Board directed the County Attorney and staff to prepare an ordinance that regulates medical marijuana in a similar manner as pain management clinics, and also prepare a zoning/land development regulation (LDR) ordinance that regulates medical marijuana distribution facilities. In response to the Board's directions, the County Attorney has prepared an ordinance that amends County Code Chapter 315, the Pain Management Clinic Ordinance, to include regulations for medical marijuana. That ordinance was adopted by the Board at its October 21' meeting (see attachment #2). Staff has drafted a separate LDR amendment ordinance that will establish regulations for medical marijuana distribution facilities (treatment centers). The process for adopting that ordinance (see attachment #4) requires one Planning & Zoning Commission (PZC) hearing and two Board hearings. At its regular meeting of October 23, 2014, the PZC conducted a public hearing and voted 5-0 to recommend that the Board adopt the proposed ordinance. The Board is now to conduct the first of two public hearings, consider the proposed LDR amendment ordinance, direct staff to make any necessary changes to the ordinance, and announce its intention to consider adoption of the ordinance at a special hearing scheduled for 5:01 pm on November 18, 2014. F.\Community Dcrclopmcm\CurDc \ BCC \2014 BCC \McdMarijuanahearing 1 doc 138 ANALYSIS At the beginning of 2014, medical marijuana was legalized in 23 states and the District of Columbia, and recreational marijuana was legalized in Washington and Colorado. At this time, legalization is a recent phenomenon and actual land use impacts in jurisdictions where marijuana has been legalized are still being evaluated. According to a recent article in Journal of the American Planning Association (Winter 2014, "Planning for Marijuana"), numerous local governments in states where marijuana has been legalized have enacted strict land use regulations for marijuana -related uses. Those regulations are based on potential negative impacts including: deteriorated quality of life, increased crime rates, reduced property values, loitering, dealing in illegal drugs, gang activity, exposure to minors, accidental poisonings, traffic congestion and accidents, and driving under the influence of marijuana. The JAPA article further states that local government marijuana -related regulations typically require significant separation distances between other marijuana -related uses and sensitive land uses such as schools, residential areas, child care facilities, churches, and parks. In addition, the article indicates that a significant number of local governments also regulate marijuana -related uses with respect to security, on-site consumption of marijuana and alcoholic beverages, and hours of operation. Within our region, Cocoa Beach, Daytona Beach, and Vero Beach have prepared local LDR ordinances. A chart comparing those proposed regulations, and the regulations drafted by County staff, is attached (see attachment #3). As structured, the proposed County ordinance will closely follow the ordinance being considered by the City of Vero Beach. In addition, the proposed County LDR amendments have been reviewed by the County Attorney, especially with respect to the definitions used in the ordinance. The proposed County ordinance will not affect the manufacture, handling, or distribution of low - THC cannabis which is currently allowed under Florida Law. Rather, it will regulate any "medical marijuana treatment center" which is defined as an entity that handles or in any way deals with marijuana (not including low -THC cannabis). Similar to the ordinance being considered by the City of Vero Beach, the proposed County ordinance will limit medical marijuana treatment centers to few areas zoned IG (General Industrial), and require administrative permit review that is subject to stringent criteria and Planning & Zoning Commission approval. Through required separation distances and locational criteria, the proposed ordinance will effectively restrict medical marijuana treatment centers to a few parcels of land in the unincorporated area of the County. Two of those parcels are adjacent to the FEC railroad and lie several hundred feet east of Old Dixie Highway near the terminus of 9th place. A third potential parcel abuts the FEC railroad several hundred feet north of 12th Street and is currently owned by the City of Vero Beach. Other proposed criteria will prohibit drive-through service, on-site consumption of marijuana and alcoholic beverages, loitering on site, and cultivation of marijuana on site. In addition, proposed criteria will restrict hours of operation to daytime hours, prevent marijuana odor from escaping the treatment center building, require incorporation of security measures recommended by the Sheriff's Office, and require compliance with County Code Chapter 315 regulations. F:\Community Development \CurDev\BCC\3014 BCC \pledMarijuanahearing 1.doc 2 139 In the event that Amendment 2 does not pass, the Board should proceed with conducting the November 18th public hearing, announce at the beginning of the hearing that Amendment 2 did not pass, and vote to not adopt the proposed ordinance. RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Conduct a public hearing and direct staff to make any necessary changes to the proposed ordinance, and 2. Announce its intention to consider adoption of the proposed ordinance at a public hearing to be conducted in the County Commission Chambers at 5:01 pm on November 18, 2014. ATTACHMENTS 1. Medical Marijuana Constitutional Amendment (Amendment 2) 2. Chapter 315 Amendment Adopted 10/21/2014 3. Chart Comparing Proposed Medical Marijuana Regulations (LDRs) 4. Proposed LDR Amendment Ordinance APPROVED AGENDA ITEM: FOR: November 4, 2014 BY: / Gb F.\Community Development \CurDev\BCC\2014 BCC\MedMarijuanaheanng l.doc Indian River Co, Approved Date Admin. 1i ll.`l• Legal V''M I`1 Budget I0 f4 Dept. I ti //% l! Risk Mgr. 3 140 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. ATTACHMENT 1 141 (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. lithe 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 '11- E 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. ATTACHMENT 1 142 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) Tithe 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 qu•alifying 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. (f) 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. ATTACHMENT 1 143 ORDINANCE NO. 2014- 018 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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. 4111 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.UnornrylUndolGENFR1LIReso/aaonr, OrdinanceslOrdinnnceslPain ClinicsVoledical Marijuana docs 1 ATTACHMENT 2 144 ORDINANCE NO. 2014-018 r i c fOPY c'FiGATION ON LAST PAGE I,SMITH, CLERK 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 CLINICS, 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 below, 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 marijuana or controlled substances for the treatment of pain; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 USC section 501(c)(3). F 14norneylUndolGENERALResolutions OrdinanceslOrdinancestpain Ctinicsafe&cotMarJuorxidxs 2 ATTACHMENT 2 145 ORDINANCE NO. 2014-018 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 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) Marijuana 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 Marijuana 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 marijuana, 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: IA tromryVJndaIGENERALIReaohnonr & O.dinancerlOrdinanceilPnln ClinlcrUfedcalMa p,ortad r 3 ATTACHMENT 2 146 ORDINANCE NO. 2014-018 TRUE COPY GE ilFICATIONCNLAST PAGE J.A. SMITH, CLERK (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. (102)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: UrrosnrylUndoIGFNERALVtesolurions & OrdlnanceslOrdinanceslPain ClinicsWee cal Moryuonad 4 ATTACHMENT 2 147 (1) ORDINANCE NO. 2014-018 14 IKIE COPY .;ER I IFICATICN ON LAST PAGE J.R. SMITH, CLERK 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 mariivanai 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: IAttornrylLindaIGENERALVteaolmmm & OrdinancealOrdinancealPain Clin1nlMedicol Marpuana.docx 5 -11ACHMENT 4 148 ORDINANCE NO. 2014-018 NUE COPY �E«z„ICATIkN ON L STF',CE J.R. SMITH, CLERK (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. (15) Operating a Medical Marijuana Treatment Center that is not wholly owned and operated by one or more a. board-certified anesthesiologists, physiatrists, or neurologists; or b. 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. Section 315.04. Permit Required for Operation of Pain Management Clinic. (1) Permit Required. After the effective date of this ordinance, no 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; - - - - _ , _ - - - - - • . _ .. _ . _ . _ F:IAnornryViedolGENERALIResoluriou & Ordinanceal0,dinanceslFaln CIlnicslMed calManjuana.do. 6 ATTACHMENT 2 149 ORDINANCE NO. 2014-018 RTRUE COPY CERTIFICATION NLASTP, E J.R. SMITH, CLERK existence as of the effective date of this ordinance shall have sixty (60) (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 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 4558.3265 or 459.0137, Florida Statutes or registered as a Medical MarijuanaTreatment 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; FAAttornyllindalGENERAL1Resoludons 6 OrdinannrlOndinances%Faln Clin/esL4ledirn/Ma njuanad i 7 ATTACHMENT 2 150 g. ORDINANCE NO. 2014-018 UE COPY ‘'ICATION TPACE ;.ft SMITH, CLERK 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. i. Proof that a Medical Marijuana Treatment Center is wholly owned and operated by one or more 1. board-certified anesthesiologists, physiatrists, or neurologists; or 2. board-certified medical specialists who have also completed fellowships in pain medicine apprqved 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. (3) Abbreviated application for qualified pain management clinics that do not possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute or dispense marijuana, products containing marijuana, related si pplies, or educational materials to qualifying patients or their personal caregivers. In lieu of completing the application form described in subsection (2), a qualified pain management clinic that does not possess, process (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfer, transport, sell, distribute or dispense marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers requesting issuance of a pain management clinic permit may complete and submit to the department a sworn application, on a form provided by the department, containing, at a minimum, the following information: EUHornrylLI daIGENERALVtesoludons & OedinanceslOrdinances1Pain CliniuL4ledicaf Ma rapiana.docz 8 ATTACHMENT 2 151 ORDINANCE NO. 2014-018 4 TRUE COPY JER'r!F!CAT:oN ON LASTfACE J,Ci, SMITH, CLERK a. The name and address of the pain management clinic; b. The name and address of the owner of the pain management clinic; c. The name and address of all physicians who will be prescribing controlled substances at the pain management clinic; d. Proof that the pain management clinic meets the definition of a "qualified pain management clinic" which proof may consist of written verification or confirmation from the State of Florida that the pain management clinic is exempt from state registration pursuant to [F.S.] §§ 458.3265(1)(a)2g or h or 459.0137(1)(a)2g or h; and e. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b or c above, will, during the term of the permit, be operated in compliance with applicable law. (4) 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. (5) 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) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information. (6) 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) or (3) and none of the facts set forth in subsection (5) is found to exist. (7) 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 FAA nomryVJndaIGENERALIRcsoluiions h Ord nanuilOrdinancesU'ain ClinicelMcdtol Maryvanadocz 9 ATTACHMENT 2 152 ORDINANCE NO. 2014-018 the same manner that permits are issued subsections (2) through (6). �r C>al�PFIC) air I O LAST PAGE STPAGE CLERK initially as set forth in (8) 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. (9) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code 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. F IArromrylLindalG£N£BALIResoluriom & &dinanceslOrdinanceslPain ClintulMedical Ma njuanad«z 10 ATTACHMENT .G 153 ORDINANCE NO. 2014-018 4 TRUE COPY ERT FIC:', 1CN ON L,ASTP E J.R. SMITH, CLERK (10) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (9) 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, 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. (11) 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. — hi. or (3)a. — d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a. — hi. or (3)a. — d. are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change. Section 4. Severability. 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. F.1AltonmylLindalGENERALIRcsolutions & Ordinmrce.rlOrdinanceJWnin ClINuLL/echcalMarijuana. d , 11 ATTACHMENT 2 154 ORDINANCE NO. 2014-018 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 ofoctober , 2014, at which time it was moved for adoption by Commissioner Davis seconded by Commissioner Flescher , 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 Aye Aye Aye Aye Aye The Chairman thereupon declared the ordinance duly passed and adopted this 21 st day of October , 2014. :z P• ; ,,.:?couNTY.• ATTEST: Jeffrey R. Smith, Cler a : Comptroller By: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r � By: , 44 Peter D. O'Bryan, Chairmaiii f Court Approved as to form and legal sufficiency: D -p y er eingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the 22 day of , 2014. STATE OF FLORIDA INDIAN RIVER COUN THIS IS TO CERTIFY /AT A TRUE AND OR - T ► . ; THE ORIGI , AL . ,. Fit OFFICE.11111 SATE � ✓ F:liliforneyttindalGENERALIResolutions& OrdinanceslOidinancestPain ClinicsafedcalMa rijuana.docs 12 ATTACHMENT 2 155 COMPARISON OF PROPOSED MEDICAL MARIJUANA DISPENSARY REGULATIONS (LDRs) Vero Beach 1.000' to school site. child care site. public park site, other medical marijuana dispensary; 500' to any residentially zoned property, property designated residential or public; 200' to any thoroughfare plan road Prohibited; design and operational plans to discourage loitering Consumption of medical marijuana and alcohol prohibited on premises Prohibited 8 am — 7 pm weekdays 8 am — Noon weekends Low -THC cannabis as defined in state law specifically exempt Prohibited on medical marijuana treatment center site Administrative permit (conditional) use, PZC approval required Prevent odor of marijuana outside building Incorporate Sheriffs Office recommended design and operational security measures Medical office rate 1.000' to any school. child care. public park, other medical marijuana dispensary; 500' to any residentially zoned property Prohibited, "no loitering" signs required; all activity conducted inside building Consumption of medical marijuana and alcohol prohibited on premises Prohibited 8 am — 7 pm weekdays; 8 am — Noon Saturdays Closed - Sundays No specific language exempting low -THC cannabis Prohibited in city limits Conditional use, PZC approval required Prevent odor of medical marijuana outside building Security alarm system approved by police dept., armed security guard on-site Medical office rate 2.500' to any pre-existing school, church, day care, public park, other medical marijuana dispensary Prohibited, "no loitering" signs required Consumption of medical marijuana and alcohol prohibited on premises Prohibited Low -THC cannabis as defined in state law specified as exempt Prohibited in all zoning districts Special exception in Retail Commercial -2 district Provide so no adverse impact on adjoining properties 2.500' to any pre-existing school. church, day care, public park, other medical marijuana dispensary; 200' from certain streets Prohibited, no loitering' signs required Consumption of medical marijuana and alcohol prohibited on premises Prohibited 7 am — 7 pm weekdays; 7 am — Noon weekends Licensed pharmacies; low -THC cannabis as defined in state law specified as exempt Prohibited in zoning district where dispensary allowed Special exception in Industrial District o Separation Distance Loitering On premises consumption Drive-through service Hours of Operation Exemptions Cannabis cultivation Zoning process Odor control 4' = u a? CP) Parking ... N r 4 v'; ,C;[— 00 04 O� .-r F:\Community Development \CurDev\Ordinances\'_OI4\MedMarijuanaChart.docx ATTACHMENT 156 ORDINANCE 2014 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "MARIJUANA" AND :MEDICAL MARIJUANA TREATMENT CENTER"; BY AMENDING SECTION 91 1.11(4), INDUSTRIAL USES; BY AMENDING SECTION 971.13, COMMERCIAL USES TO ESTABLISH CRITERIA FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03 To Estabjish�Definition � sof'Marijuana" and "Medical Marijuana Treatment Center"; as follows: Marijuana shall mean ;cannabis as defined in Sectioil:,893.02(3),:Florida Statutes. The term does not include "low -THC cannabis," as`defin'ed'in Section 381.986, Florida Statutes if c ,.I1Si Y ,:M�',, manufactured, possessed, sold, purchased, delivered, "''distributed, or dispensed, in conformance with Florida. Law. Medical,. Marijuana Treatinenf. "Centerr. shall mean an entity that acquires, possesses, processes (including developnient, of related7pr.oducts such as food, tinctures, aerosols, oils, or oin"tments), transfers, c transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers anctiis. registered by the Department. SECTION #2: Amend LDR Section 911 11(4), Industrial Uses, to add Medical Marijuana Distribution Facilities, as follows: (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. District Use IL IG Agriculture Agricultural Production Crops Bold Underline: Additions to Ordinance ATTACHMENT Stfike— hroag;T Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 157 ORDINANCE 2014 - Horticultural and landscape Plants and specialties Mulch products and services Kennels and animal boarding Services Farm labor and management services Landscape services Veterinary services Commercial fisheries Commercial Construction General building contractors Special trade contractors Personal Services Linen supply Carpet and upholstery cleaning,, Dry cleaning plants Crematoriums Auto Repair, Services and Parking; Automobile parking and storage Automobile Repair Body and paint shops General automotive repair Carwashes Miscellaneous Repairs Electrical repair Reupholstery and furniture Welding Heavy machinery Social Services Job training services Wholesale Trade Durable goods (not including demolition debris site, junkyard, recycling center) Bold Underline: Additions to Ordinance �!T Str'' houg : Deleted Text from Existing Ordinance A ica MN M E t1 f F:\Community Development\CurDev\Ordinances\2014\2014- e arijuana.doc 2 158 Non -durable goods Auction facilities, unenclosed Flea market Recycling center (including vegetation debris mulching) Auto and home supply stores Gasoline service stations Boat dealers Recreational vehicle dealers ORDINANCE 2014 - Motorcycle dealers Automobile sales (new and/or used) Automotive fluid sales and services (other than gasoline) Retail Trade Convenience stores P P Medical Marijuana Treatment Center Amusement and Recreation Enclosed commercial amusements, gyms, 'dance studios Eating and Drinking Establishments Restaurants Take out restaurants Drive through Bars and lounges Bottle clubs Fuel dealers P ip P A Adult entertainment facilities Marine -Related Commercial Activities Boat sales and rental Commercial marina Marine repair and services Industrial Manufacturing Food and kindred products Tobacco products Fruit and vegetable juice extraction Bold Underline: Additions to Ordinance A C N NI E N T Strike-treugh- Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc Ip P 'P P P A P 3 159 ORDINANCE 2014 - Fruit and vegetable packing houses Textile products Lumber and wood Furniture and fixtures Paper manufacturing Printing and related support activities Chemicals Petroleum products Rubber and plastics Tires Rubber and plastic footwear Hose, belts, gaskets and packing Fabricated rubber products Drugs and pharmaceuticals Tanning and finishing Footwear Other leather goods Brick and tile Glass and glass products Cement and concrete products Other nonrnetallic mineral products Primary metal industries Fabricated metal products Machine shops Industrial machinery and.; equipment Electronic and other electric equipment Transportation equipment Instruments and related products Junk and salvage yards Demolition debris site Transportation and Utilities Airports/airstrips Heliports/helipads P P P P P P P P iP Ip P Bold Underline: Additions to Ordinance ATTACHMENT 4 St_,kc thn�h,: Deleted Text from Existing Ordinance ATTACHMENT i7 F:\Community Development\CurDev\Ordinanccs\2014\2014- MedicalMarijuana.doc 4 160 ORDINANCE 2014 - Railroad and bus transportation services Trucking and courier services Commercial warehousing & storage Moving and storage Trucking terminals Self storage Outdoor storage Vehicle storage lot (paved/unpaved Postal services Water transport services Air transport services Pipelines Transportation Services 2 Communications towers (wireless facilities including cell towers) Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use Less than 80 feet 80 feet or taller (see 971.44(4) for special criteria Commercial Up to Camouflaged Non -camouflaged 70 feet to 150 feet:; Camouflaged Monopole (minimum of 2 "users) Not camouflaged and not monopole Over 150 feet: All tower types (see 971.44(1) for special criteria) Freight transport arrangement Utilities Public and private utilities, heavy Gas services Bold Underline: Additions to Ordinance ATr'ACHMEN 1 4 Strike Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 5 161 Electric services Water services Sanitary services Irrigation systems Residential Uses Accessory housing (watchmen) P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and -structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954 08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44(4) to determine whether the administrative permit or special exception use process applies. ORDINANCE 2014- ip P P P SECTION #3: Amend LDR Section.,971„13, Commercial Marijuana Treatment enters, as follows (6) MedicatMarijuan o Establish Criteria for Medical -Treatment Center (administrative permit). (a)- Districts requirihk administrative. permit use approval (pursuant to the provisions, of 9Y04): IG. y (bbgY1"' ko, Additional informationmrequirements: Provide a=;site plan meeting all the requirements of Chapter 914; 2. '"\P,rovid kwritten form information required for a pain management Ciliteaffar County Code Chapter 315. (c) Criteria for medical marijuana treatment centers: 1. No medical marijuana treatment center shall be located within the WGIC (West Gifford Industrial and Commerce) overlay area as described in Section 911.23; 2. No medical marijuana treatment center shall be located west of 66th Avenue: 3. No medical marijuana treatment center site shall be located within 1,000 feet of a primary or a secondary school site, a child care facility Bold Underline: Additions to Ordinance ATTACHMENT 4 6 Stfik-e-thfeithi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 162 ORDINANCE 2014 - site, a public park site, or another medical marijuana treatment center site: 4. No medical marijuana treatment center site shall be located within 500 feet of a residential zoning district, a property with a Public or a residential land use designation, or within 200 feet of a Thoroughfare Plan road right-of-way (collector or arterial road); 5. No medical marijuana treatment center site shall be designed for or operated to provide drive-through service; 6. On-site consumption of marijuana or alcoholic beverages on a medical marijuana treatment"center site is prohibited. 7. Cultivation of marihuana on a medical niarijuana treatment center site is prohibited; 8. Hours of operation for a medical marijuana treatment; center hall be limited to 8 a4;:,—.3 pm Monday through Friday and 8` am — Noon on Saturdays andxSunday<s; 9. Loitering on a medical marit:uana treatinent center site is prohibited. The applicant shall'.. provide treatment center facility plans, including operatiional.plans, that, demonstra`t'e how loitering will be discouraged on the treatt,inent center site.` 1 The medical marijuana treatment center shall be designed and operate&>;in a manner that prevents the odor of marijuana from escaping the treatment center building. 11. To the > maximum extent possible, the treatment center shall be designed and operated in a manner that incorporates Security measuresrecommended by the Sheriff's Office. 12. Parking shall be provided at the rate applicable to a medical office. 13. The medical marijuana treatment center shall comply with applicable requirements of County Code Chapter 315. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance ATTAciiMAENT + Str-ike-thfoughi Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 7 163 ORDINANCE 2014 - SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made;' a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the;Press-Journal onthe,24th day of October, 2014, for a public hearing to be held on the 4th day of November, 2014, and on the 3rd day of November, 2014 for a second public hearing to be held on the -18th day, of November, 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted by the following, vote: Chairman Peter D Ot'Bryan Vice Chairman Wesley S. Davis Commissioner Tim Commissioner: Joseph E. Flescher Commissioner Bob Solari BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter D. O' Bryan, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: Deputy Clerk Bold Underline: AdditionstdTeto Ordinance ATTACRMEN 1 4 c'�m�,;<���m: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014-_ MedicalMarijuana.doc 8 164 ORDINANCE 2014 - This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director' Bold Underline: Additions to Ordinance * HM`HT 4 Stm„ e r Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2014\2014- MedicalMarijuana.doc 9 165 /1 0U/ LQ/N 11/5/2014 10.A •I• LDR Amendment Establishing Medical Marijuana Regulations Hearing #1 Board of County Commissioners November 4, 2014 • November 4: Amendment 2, if adopted will open up medical marijuana uses in a broad fashion • BCC and other local governments: adopt local regulations in advance of state rules 2 ,,S.1 //O 2aiy 11/5/2014 • BCC has directed two approaches - Amend pain management clinic ordinance to include "medical marijuana treatment centers" (Adopted October 21St) - Amend LDRs to strictly regulate locations and marijuana -related operations 3 • County proposal closely follows City of Vero Beach proposal • Does not affect low -THC medical marijuana (allowed under current state law) • If Amendment 2 does not pass, BCC will not need to adopt LDR amendment at final hearing 4 165.2 iioz/Laiy 11/5/2014 • Many local governments in many states where medical marijuana with higher THC is legal cite numerous potential negative impacts of "dispensaries" • Increased crime, loitering, dealing in other drugs, security problems, exposure to minors, driving under the influence 5 PROPOSED COUNTY LDR • Limit to a few sites zoned IG (General Industrial) as administrative permit use - Not in WGIC - Not west of 66th Avenue - 1,000' separation distance from schools, child care, parks, other medical marijuana facilities. - 500' from residential and public designated/zoned sites. - 200' from Thoroughfare Plan road 6 )65.3 //ah'Lo/y 11/5/2014 PROPOSED COUNTY LDR (Cont'd) - Prohibit drive-through, on-site cultivation, on-site consumption of marijuana and alcoholic beverages - Limit hours of operation and require security measures recommended by Sheriff's Office - Requires PZC approval as administrative permit use 7 Indian River County Medical Marijuana Map - Three Parcels (Nov. 2014) Legend 8 14 5,4 Indian River County Medical Marijuana South Map - Area 1 // O'/Zcry 11/5/2014 Legend Indian River County Medical Marijuana South Map - Area 2 Legend 10 1 LS. 5 //O,/2 // 11/5/2014 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Conduct public hearing, direct staff to make any necessary changes to the proposed ordinance, and 2. Announce its intention to consider adoption of the proposed ordinance at a public hearing to be conducted in the County Commission Chambers at 5:01 pm on November 18, 2014. 11 j .6 Indian River Press Journal State of Florida County of Indian River ji Before the undersigned authority appeared (Ord 1 -r. ArOhe r_ I 1 e who on oath says the he/she is n 6A I� �• Thai on C(‘)(1----�0-i ,,J• ) at the INDIAN RIVER PRESS JOURNAL, a daily newspaper published at Vero Beach in Indian River County, Florida, that an advertisement, for Ck measuring 1CD column inches, was published in the INDIAN RI Y ER PRESS JOURNAL in the issue(s) of C`,�-k-- �� ZOI C� Gitip signature title poqad„- ( 4personally known to me ( )who has produced Sworn to and subscribed before me this day of otilev, as identification A.D. '9-61/ - Notary Public 16s.7 uy ri-ee Work Place. E.O.E. NOTICE OF PUBLIC HEARING OTICE IS HEREBY GIVEN that the Board of County 'ommissioners of Indian River County, Florida shall hold two ,ublic hearings at which parties in interest and citizens shall lave an opportunity to be heard, in the County Commission 1:hambers of the County Administration Complex located at 801 27th Street, Vero Beach, Florida on: FIRST HEARING: Tuesday, November 4, 2014 at 9:00 am, and; SECOND HEARING: Tuesday November 18, 2014 at 5:01 pm to consider amendments to its Land Development Regulations (LDRs); providing for amendments to chapter 901, definitions, chapter 911, zoning, and chapter 971, regulations for specific land uses, by establishing regulations for medical marijuana treatment centers, subject to various criteria; and by providing for repeal of conflicting provisions; codification; severability; and effective date. Said ordinance, if adopted, will establish land development regulations for medical marijuana treatment centers, including but not limited to locational and design criteria, and review process. A copy of the proposed ordinance is available to be inspected by the public at the Planning Division office located in the community development division of the County Administration Complex Building "A", located at 1801 27th Street, Vero Beach, Florida. Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Please direct planning -related questions to the current development section at 226-1237. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY' S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan, Chairman yr •. • / i•3•20/Li INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall form and submit it to the Indian River County Administrator's Office. Print Form Izc\ q complete this PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: R) 6oY. q(fQ SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED? IS THIS AN APPEAL OF A DECISION? n _ev ) PHONE: bke u�c Yes L] Yes ❑ Yes C c. Wiz- u c I (R ncC ❑ No ❑ No ❑ No WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? U eC c\ LLQ V1 � (_: Print Form INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: // (-Li/ 9, ADDRESS: 7 5 (5'lf Si -c) PHONE: 77„2- s- )/ 3 7/ SUBJECT MATTER FOR DISCUSSION: . �D --i `� eceeitf j/ ,t%/-//Nk 5/ ie 14/ rs IS A PRESENTATION PLANNED? l' Yes IS BACK-UP BEING PROVIDED? ❑ Yes IS THIS AN APPEAL OF A DECISION? ❑ Yes ❑ No ❑ No ❑ No WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? © yes 1❑ No WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Baird 167 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 20, 2014 SUBJECT: Meetings of the Indian River County Board of County Commissioners Proposed 2015 Meeting Dates Attached for the Board of County Commissioners consideration is a proposed schedule of Board meeting dates for 2015. Staff requests direction from the Board. APPROVED AGENDA ITEM BY: d FO/ November 4, 2014 Indian River Co Approved Date Administrator 168 INDIAN RIVER CO BOARD OF COUNTY CC 2015 MEETING DE 9:00 A.M. January 6, 2015 January 13, 2015 January 20, 2015 February 3, 2015 February 10, 2015 February 17, 2015 March 3, 2015 March 10, 2015 March 17, 2015 March 24, 2015 April 7, 2015 April 14, 2015 April 21, 2015 May 5, 2015 May 12, 2015 May 19, 2015 June 2, 2015 June 9, 2015 2015 Draft BCC Meeting Dates UNTY MMISSION TES June 16, 2015 June 23, 2015 July 7, 2015 July 14, 2015 August 18, 2015 September 15, 2015 September 22, 2015 October 6, 2015 October 13, 2015 October 20, 2015 November 3, 2015 November 10, 2015 November 17, 2015 December 1, 2015 December 8, 2015 December 15, 2015 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 29, 2014 SUBJECT: Renewal of Lobbyist Agreement for 2015 Legislative Session DESCRIPTIONS AND CONDITIONS: During the 2014 Legislative Session, Indian River County Board of County Commissioners were represented by lobbyist Ballard Partners, Inc. before the Florida Legislature, State Agencies, and Executive Branches of the State of Florida. Attached is a copy of the approved contract for services with Ballard Partners, Inc. for the 2014 Legislative Session. To continue working on the Board of County Commissioners legislative priorities for the 2015 Legislative Session, this agreement will need to be renewed. FUNDING: Funding for lobbyist services was included in BCC Operations Professional Services Account Number 00110111-033190. RECOMMENDATION: Staff recommends renewal of the agreement with Ballard Partners, Inc. for lobbying services for the 2015 Legislative Session, and recommends the Chairman be authorized to sign the agreement renewal upon review and approval by the County Attorney and County Administrator. Attachment: 2014 Legislative Session Professional Services Agreement APPROVED AGENDA ITEM BY: kGDsb_,6J 01, 610.-L/0 FO 7 `•7'% Indian River Co Approved Date Administrator , /p/ ) Legal �,i lA Budget _ 1*? k 170 CONTRACT FOR SERVICES This contract is entered into between Indian River County Board of County Commissio ers ("the Client"), Office of the County Administrator, 1801 27`h' Street, Vero Beach, FL 32960- 388, and Ballard Partners, Inc. ("the Firm"), 403 East Park Avenue, Tallahassee, FL 32301. Recitals Whereas, the Client wishes to retain the services of the Firm in order that the Firm may •epresent the Client's interests before the Florida Legislature and executive agencies; and Whereas, the Firm wishes to provide such representation as the Client may from tim- to time require; and Whereas, the parties have agreed to the terms under which the Firm will represent the •lient and wish to memorialize their agreement in writing. Now, therefore, inconsideration of the mutual covenants herein contained and intend ng to be legally bound hereby, the parties agree as follows: 1. Term of Agreement. This agreement shall become effective on Septe nber 17, 2013 and shall remain effective until September 16, 2014. 2. Duties of The Firm. lt•shall be the Firm's duty to advocate the intere Client before the Florida Legislature and executive agencies of Florida government. within the scope of the Firm's duties is the advocacy for passage or defeat of legislati relevant to the Client. It shall further be the Firm's duty to inform the Client of develo legislation and policy relevant to the Client's operations. 111 • is of the Included n that is ments in 3. Duties of The Client. It shall be the Client's duty to inform the Firm of i s wishes with regard to legislative and executive advocacy and to provide the Firm the in •rmation necessary to best represent the Client in Florida. It shall also be the Client's duty o timely compensate the Firm for its services. 4. Compensation. The Firm shall receive from the Client $78,0000 agreement, plus the reasonable costs associated with the representation, including but n to, lobbyist registration fees, excluding costs typically associated with the operation of such as overhead, staff, and equipment. The fee shall be paid in 12 equal installments a month, beginning September 17, 2013 and continuing to be due on the first of each m the termination of the agreement. The Firm will bill costs monthly. l • for this t limited n office, f $6,500 nth until 171 5. Termination. This agreement may be terminated by the Client upon thirty (30) days written notice if the Client determines it is not in the public interest to continue this agreement. In the event of any termination, the Firm will be paid for all services rendered to the date of termination, plus the reasonable costs associated with the representation incurred by the Firm to the date of termination. INDIAN RIVER COUNTY BOARD OF BALLARD PARTNERS, INC. COUNTY COMMISSIONERS A:u_r;(1 Jcjseph A. Baird 'tle: County Administrator Date: /o/s/x. 2 By: Brian D. Ballard Title: President Date: 10/01/2013 172 Indian River County Inter -Office Memorandum Office of Management and Budget Departmental Matters TO: Members of the Board of County Commissioners DATE: SUBJECT: FROM: October 28, 2014 Interfund Loan — Sandridge Golf Jason E. Brown Director, Management & Budget se Irrigation Background The Dunes Golf Course at Sandridge Golf Club opened for play in 1987. Since that time, the course had operated with the original irrigation system meaning that the system was over twenty-seven (27) years old, including the grow -in period of the course. The life expectancy for these systems is about 20 years. Due to its age, the irrigation system had required significant additional maintenance over the last couple years. On January 7, 2014, the Board of County Commissioners authorized the replacement of the irrigation system as well as an interfund loan of up to $1 million to provide funding for the project. Subsequently, a bid was awarded to Duininck Inc. in the amount of $1,168,000, on March 18, 2014. Work was scheduled during the summer months to minimize the impact on revenues and operations. The project has now been completed and final payment has been made. Funding Due to continued profitable operations at the Golf Course, the interfund borrowing needs are Tess than the $1 million originally anticipated. At this time, staff is requesting approval of an interfund loan from the General Fund in the amount of $630,000. This amount will be repaid to the General Fund over a three (3) year period, which is shorter than the four (4) year payback period previously proposed due to the lower principal amount. Staff recommends an interest rate of 1.0%, which is slightly less than the current rate for 5 -Year AAA - rated municipal bonds as shown on Bloomberg as of October 28, 2014. This mechanism will provide funds at a relatively low interest rate for the golf course. Additionally, it will provide increased interest earnings for the General Fund. The current interest earnings on County surplus funds average about 0.50%. This results in a win-win scenario where the Golf Course obtains a slightly lower interest rate than would be available otherwise, and the General Fund receives interest at a higher rate than it is receiving in other investments currently. Please see the proposed debt service schedule attached. Principal and interest payments for the three (3) year period total about $214,000 per year. 173 Board of County Commissioners Page 2 of 2 October 28, 2014 Staff Recommendation Staff recommends that the Board authorize an interfund loan from General Fund res: rues in the amount of $630,000 at an interest rate of 1.0% per year. This loan will be repaid over a th ee (3) Year period as shown in the Proposed Debt Service Schedule attached. Attachment Proposed Debt Service Schedule APPROVED AGENDA ITEM: BY: L T Jose • A. Baird County Administrator FOR: November 4, 2014 Indian River County Approved Date Administrator ,�4 /GA Ai County Attorney r /\ Z� Budget ( r- 10 ll Department 174 F:\Budget\J Golf Course Interfund Loan Proposed Debt Service Schedule - $630,000 Principal 3 -Year Repayment Irrigation Debt Total P&I Total P&I Fiscal Year Day Year Fiscal Year Interest Principal Mar. 31 2015 2014/15 $3,150 Sept. 30 2015 2014/15 $3,150 $207,500 $3,150 $210,650 $213j800 Sept. 30 2016 2015/16 $2,113 Mar. 31 2016 ; ' 2015/16 $2,113 $210,000 $2,113 $212,113 .• ` $214,1226 Sept. 30 2017 2016/17 $1,063 Mar. 31 2017 ,2016/17 " ;$1,063 $212,500 $1,063 $213,563 $2141626, Grand Totals $12,652 $630,000 $642,652 Loan effective September 30, 2014 Additional to fund irrigation system/other improvements: $630,000 Total Amount of New Debt $630,000 Interest Rate on New Debt: Draft ,son\GOLF\Irrigation System Replacement - Interfund Loan 1 00% 1 0/28/2014175 DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget l TO: Members of the Board of County Commissioners DATE: October 27, 2014 SUBJECT: Quarterly Budget Repo FROM: Jason E. Brown Director, Office of Manage Budget Attached is the staff report for the fourth quarter of fiscal year 2013/2014. Staff will make a presentation at the Board meeting. ATTACHMENT Quarterly Budget Report APPROVED AGENDA ITEM: BY: r c`4 -p,� '�!� , &JAI,. JosephA. Baird County Administrator FOR: November 4, 2014 Indian River County Approved Date Administrator 44I /c /13e J County Attorney 6 *p•- V) 254 i. Budget r 10 211A Department Risk Management _ 176 0 0. E 0 U C GJ 0) CC To t 4.0 0) 0 0. 0) 0: v b.0 � c m LL T C � ki N C co O 1 ��/ 4 }• N} eQy V 8 Comments/ Notes The county budgets ad valorem taxes @ 95% collection Increase in franchise fee revenue Sheriffs Office prior year adjustment of 1$1,119,422 Increase in revenue from traffic violations Decrease in animal licenses Interest earnings continue to decline Cash forward reserves budgeted, but not actual Cash forward reserves budgeted, but not I actual Difference from 100% .-1 m .-1 N V' .4 VT O m 1: .-1 N N M 00 .--1 N 0 CO .-1 N ...1 00 00 V N O 00 O N ` CO r-1 00 Cr .CO. 01 M M r-1 r-1 . N .-1 at 00 In 00 N VI. ($2,987,147) Percentage of Annual Budget V1 m N u1 V t0 0 N L %S'ZOT N 0 YTD Revenues .1 r-1 00 r 01 V1 O cr VT 0 N m ry r-11-4 N N $9,279,798 $1,935,736 $287,844 O ° .-1' Cr' .-1 N N W N .-1 N $4,680,361 [r W O� N .-I N $72,340,825 0 O m N m O j N 5� 25 ..-1 N I� N N.-1 0 0 n N 2cr.5 CO N 25 tri 01 N 25 tri .1, -1 N $4,567,022 V1 h cri tD 01 N (Grand Total I $75,327,972 1 Account Description 001031 Taxes 001032 Permits And Fees 001033 Intergovernmental 001034 Charges For Services 001035 Judgments,Fines & Forfeits 001036 Licenses 001037 Interest 1001038 Miscellaneous 001039 Other Sources 0 z L. LL W v s Laia u_ z 2 Comments/ Notes The county budgets ad valorem taxes @ 95% collection Lag time in receiving 1/2 Cent Sales tax - 11 months received in 4 quarters. Estimated Sept payment $313,295 Code enforcement fines up Interest earnings continue to decline Reimbursement for staff time not budgeted Cash forward reserves budgeted, but not I actual O 02 ) * u 2g CLI 0 1)1 Vl N � N 00 N ID ($45,673) 0000 .N-1` N p Oa n tt N IN O m 0 M N 01 O 0 [t N N Ni. 01 0 ($1,217,049) Percentage of Annual Budget O ,is 01 OI CV 0 N c6 Ot 98.3% 181.1% --__55.6% 137.0% �' 00 O N Ul Q1 N .11 0) OC 0 V N o W 00 N N N 01 00 N In 0011, n u.,- N N f0Y1 m N O V I,~ N 00 ID 01 v 10 if? N 10 i/ ao in in to 00 N BUDGET v .y to 01 00 N § CO- •"1 1- 00 N $5,521,598 04§ N WI 111 01 n N N 0 Ili. 1, N LI 01 01 N 10 O .y 1/) 'Grand Total $25,203,557 Account Description 004031 Taxes 004032 Permits And Fees 004033 Intergovernmental 004034 Charges For Services 004035 Judgments,Fines & Forfeits 004037 Interest 004038 Miscellaneous 004039 Other Sources 177 z u_ z 0 a 0 o. H Z ce F r, Comments/ Notes Paving assessments entry completed at yearend Paving assessments interest charged here until yearend entry Lag time receiving reimbursements from cities for traffic maintenance, etc. reimbursements received at yearend. Cash forward reserves budgeted, but not actual Lag time receiving reimbursements Cash forward reserves budgeted, but not actual Difference from 100% 0 0 LD` V 01 VN1 0 m .ti .n .- I/1 a i 0 u1 V ($3,356,087)1 M .H O 1 01 M VTe Percentage of Annual Budget r of rll LO 00 r Obi O LD V 4 LA � M m n YTD Revenues o 00 0 LO N $2,584,599 $100,144 $33,477 m 00 0 N N V1 LD ri yn IGrand Total $14,799,197 1 $10,849,184 1 BUDGET 8 0 Om .-1 N L�i1 O8 LA LA O 0 O~ o LA .1 V! N O mN 0 01 in C .m-1- 0 .-is 1 IA Department Description 111032 Permits And Fees 111033 Intergovernmental 111034 Charges For Services 111037 Interest 111038 Miscellaneous 111039 Other Sources G H v z W w Lu W i W Comments/ Notes !The county budgets ad valorem taxes @ 95% collection Multiple grants received in full Increase in ALS revenue s False fire alarms up Interest earnings continue to decline Lag time receiving reimbursements Cash forward reserves budgeted, but not actual Difference from 75% ON N $22,594 $471,276 $8,000 N m N M 000 '-i ri .-I ,-i I N 1 to t0 00 tV in 0 e-1 Percentage of Annual Budget N mm4rn V o 1i 1, N I, LA a` o N m YTD Revenues $20,060,776 mm$ O O Lll m CO CO V1 V Ln yr $11,000 $34,273 .-oi st n .--1 to 0 Grand Total $27,296,877 1 $25,691,59ij BUDGET N v .-i 00 N O N N m ,^-I V' 03 N N LO N t/1 O vl /A 8 O u1 M 1: V1 1. IA .N-1 00 00' N .-1 1 M 000 .-i M N N V1 Department Description ulX O1 H " m 0 v 114033 Intergovernmental 114034 Charges For Services 114035 Judgments,Fines& Forfeits 114037 Interest 114038 Miscellaneous 114039 Other Sources N a 04 M 01 J 0 N 00 t0 00 N V► O t0 N t0 N 178 Budget to Actual Expense Comparison t 0 Q. 4.0Q) C m3 a w Qi N C M � O � �/ N V uu.. 0 Comments/ Notes COVB electric sale to FP&L lobbyist expenses not yet incurred., MuniCode expenses not as high as budgeted All Aboard Florida legal service expenses not yet incurred. Maintenance/software contract payments not as high as budgeted Community Transportation Coordinator include grant funds that have not yet been expensesd and will be "rolled over" to FY 14/15. i— Lag time in reimbursement submittals. c - a) 0,0c ,Op C E m a a) N a bo aa) s a) 0 a u L i-, co >- Y O _u a) a) ( o N 0 d -00 L_ c v a, L a E - V VI O W co 4, a) a) U c c 000 -0 f0 E E ,� O C N N 0) a c _ci a) U c OM -0 c c '.--' a) c a Difference from 100% .-i LO N N in 0^1 .--1 .--1 O in. O ch O VS T r ($8,743)1 ($680,363) ($350,756) ($121,997) ($4,328) in 01 M M ($467) ($1,675) ($38,185) ($1) 01 V m O1 r. in r- t� ,1 n 001 i). Percentage of Annual Budget 00 , 40 00 , LII 00 % '00 E %0'OOT 0 00 t0 00 0 t0 al i 01 87.3% 70.8% 88.4% 98.3% 0 01 LI) Vl 98.9% 98.4% 94.2 % 100.0% 67.4% 97.2% 0 Ol O1 01 YTD Expenses $809,557 $682,126 LO N Ll1 M if? Ln 0 Ol In 1 00 ill. 00 00 .-i N V if).r_isV N M N- V' co" .-1 00 4.0 01 LO if? ifT LA 1\ CO Ct 00 in N LI:,O� 4.0 N Ol ih $245,353 .-1 00 V VT $41,731 $104,367 $618,255 d' 00 00 N .--1 in Lit 1 01 • V1 0 N M 1.4 M t0 O N LA I i/? ri Ol .-i N 4--1 VT REVISED BUDGET CO .1 N . M in e-1 1 0 .-1 t0 Ol IA. LD tO N Lf) m i L/1 N 0 Ol V1 IA. I I I i N. ri 01 L/1 00 LT $1,989,505 $5,341,836 4-1 00 [F 01• 01 N .1 al Q LO 00 0 .1 I.A. ri 00 t0 Ol V 444 0 t0 0 t0 00 V? 00 01 .1 N 'cr /R N ct O t0 0 } $656,440 $128A85 $5,501,289 $534,857 N 00 N .--1 N in Department Description 101 BCC Operations 102 County Attorney 103 Geographic Info Systems Dept 106 General Health 107 Communications/Emergency Svcs 109 Main Library 110 Agencies 111 Medicaid 112 North County Library 113 Brackett Family Library 114 Value Adjustment Board 118 Ind Riv Soil/Water Conservation 119 Law Library 128 Children's Services 137 Redevelopment Districts 199 Reserves 201 County Administrator 202 General Services 179 Comments/ Notes West Wabasso Sewer project. Position vacancies/fairground expenditures Billed quarterly for staff from Health Dept. Not processed until October Multi -County Citrus Agent paid quarterly.Not processed until October Position reclassification from FT to PT Contractual payments one month lag Grants budgeted but not yet fully expended. Position vacancy Lag time on postage expenses Expenditures based on reimbursement Worker's Compensation to be reimbursed Commission charged on Ad Valorem collections, most collected by December. TC returns excess fees at yearend. 1 Difference from 100% N ih ($5,515) I N V} ($31,543) ($272,563) ($30,442) ($8,916) ($34,444) ($274,464) o iV} I m LO 01 N L/1 ! vN01 N1 CO a--I $4,884 $1,819,060 Percentage of YTD Expenses Annual Budget 01 n 01 7V1 N m Cr) i/} $28,4851 83.8% $234,372 _ 98.7% $514,984 94.2% r 87.5% O 6 00 o l0 N 0 1 O I-- 01 I. o 00 a-t 01 0 l/1 of 01 0 m ' itcri to o f-, 00 O O O� O O O� 0 N 00 0 l0 1 01 0 oo N 100.5% 243.8% $1,915,463 l0 .-I V1 h Cr N L} N 0 .--I N a--I .-I V} 0 0100 Cr to CO r•i L} N 01 N IN 0 CO ih 0 I, (.r-: D 00 .-i m L? 0 a-I I V) N. i/} [t ' 01 u1 O 0 .-i ih LO 0 O lO V N i/} 1__ $283,2181 N 01 u1 r1 V d' i/} $288,569J V1 00 00 m V} $932,773 $3,084,164 REVISED BUDGET .-I u1 V1 01 m m V} 0 0 O CO L} CO u1 CO ri m N i/} N N u1 l0 V ul I.O. lO N 0 W CO .1 N in 00 1 u1 01 r: I� IN N m N 0 ' 4 N a-1 i/} m 00 01 lO .1 V} $3,347,4461 m n N O N CO i/} 0 0 0 r: CO a1 4/1 $112,1431 to 0 0 (xi N L} $283,218 v u1 I. u1 01 [i VT m 01 01 a-I CO 1.O. m I. 0 r .-I i/} $927,889 $1,265,104 Department Description 203 Human Resources 1204 Planning And Development 206 Veterans Services 208 Emergency Management 210 Parks 211 Human Services 212 Agriculture Extension 216 Purchasing 220 Facilities Management 229 Management & Budget 237 FPL Grant 238 Emergency Mgmt Base Grant 241 Computer Services 246 Risk Management 250 County Animal Control 251 Mailroom/Switchboard 252 Environmental Control 300 Clerk Of Circuit Court 400 Tax Collector 180 Comments/ Notes Actual workers comp and postage lower than anticipated Actual workers comp and utilities lower than anticipated Actual workers comp lower than anticipated Expenditures based on reimbursement. Expenditures based on reimbursement. Difference from 100% N 111 I.O. up V1 ri 0 N N N 1" e-1 00 I$ N 1-1 v 1" ($2,486,254) Percentage of Annual Budget 00 00 cri Ol N. O• Ol ° O O r-1 ° O O ,--1 o CO 01 00 o ^ r-1 n ° O O .-i 0 t0 Q1 YTD Expenses M N N N LO N01 1.4M N 01 V NN 1" V tri' 0 rI 1" LO M lO 1f} M ON .-I 1"i/1 N LO 01 N 01 00 LO tri N N i? $72,841,7181 REVISED BUDGET $2,542,959 LLb VtD lD CO 01 VT l 1 000 1f1 0 ri in. 1--1 M tO if? aup mi m Ol LT M .--i V i? 0000 LO tf1 N L} Grand Total $75,327,9721 Department Description 500 Property Appraiser 600 Sheriff 700 Supervisor Of Elections 901 Circuit Court 903 State Attorney 904 Public Defender 907 Medical Examiner 181 FY 2013-2014 4th Qtr Comments/ Notes Personnel Services and operating expenses lower than anticipate_ d_ Sand Pool Filters encumbered but not yet expensed Overtime and operating expenditures lower than anticiapted. Pro shop expenses lower than budgeted Position reorganization Expenses lower than budgeted Costs to demolish structures condemned by BCC vary and don't occur regularly throughout year. Maintenance and capital purchases not yet completed Commission charged on Ad Valorem collections, most collected by December. TC returns excess fees at yearend. Difference from 100% lD IA M Vto ST TY tn. O N al 1f O Lr) iA - 0 i^/T COi 1./1.`? N ($32,362) ($7,542) $66,880 n to rD 01 Percentage of Annual Budget Q '-1 01 ON Vn ^ 91.1% 97.1% 88.8% O Ql inOl N N Ol O O Dl 93.7% 58.8% 93.5% 183.6% Grand Total 1 $25,203,5571 $24,285,940 96.4% YTD Expenses ^ 1.01n tn.' 1.0ry all N VT VT $816,144 $784,734 10 00 i./1. M OI CO co...1 In N 0.0 t%t ri VT $865,1471 al N 0 .1.4 $78,607 $46,279 W t0 N. 0 Vl 00 00 lD V REVISED BUDGET VD m vis lD VT $328,181 $895,584 $807,824 $438,522 N M Ql N Q1M m0. �-i O to N VT N r-1 00m C VT 00 al 1: 0 VT $83,897 $78,641 0 N to '�-1 VT 0 O O VT Department Description 1104 North County Aquatic Center 105 Gifford Aquatic Center 108 Recreation 116 Ocean Rescue 161 Shooting Range Operations 199 Reserves 204 Planning And Development 205 County Planning 207 Environmental Plan/Code Enforc 210 Parks -_----- _ -_ 214 Roads And Bridges 234 Telecommunications 400 Tax Collector 182 FY 2013-2014 4th Qtr 3 W 0i+ f0 0 1 H ti 1-1 ti Comments/ Notes Contingencies and cash forward budgeted, but not expended. Contractual services and capital purchases encumbered but not yet expensed Environmental Impact Statement to be completed Position vacancies Position vacancies & capital not yet purchased Maintenance for stormwater projects not yet completed Difference from 100% N 00 cr l0 ($1,298,555) ($58,769) 0 N L rsr Lam? "" N M t/T 0 00 01 VT ($2,682,287) Percentage of Annual Budget in l0 83.4% 83.0% 0 Q1 01 0 r-1 00 I1 1 C O1 l0 C 01 00 00 YTD Expenses 00 t0 W O .-i' in CO l0 .--i U1 Le, to t.13 N rr-1 N N I.A. $1,735,748 $2,078,193 00 W V .4- t/1 Grand Total $14,799,1971 $12,116,910-1 REVISED BUDGET $1,725,550 $7,830,218 $346,565 00 l0 N 00 N 00 '-i $2,471,963 m m l0 l0 01 In tn. Department Description 199 Reserves 214 Roads And Bridges 243 Public Works 244 County Engineering 245 Traffic Engineering 281 Stormwater FY 2013-2014 4th Qtr Comments/ Notes Employee turnover due to retirements and position vacancies Prior year adjustment Contingencies budgeted, but not expended. Difference from 100% 10 O1 L 0111 M tn. ($211,985) ($409,257) 01 O `MA n 0 tto tG up H N Percentage of Annual Budget 01 V M u? O 56.7% H O1 O1 O1r-iO0 SII 01 I YTD Expenses $14,392,533, 01 V1 I l0 N f Ln O1 co l0 I. Grand Total $27,296,8771 $25,690,271 OO I1. co 1./1 M N V i/? l0 V? VT I REVISED BUDGET $14,708,499 $6,564,900 $4,487,495 $370,297 $13,822 $1,151,864 Department Description [Salaries — — Benefits Operating Capital Outlay Grants and Aids Other Uses t0 n N G1 t0 N th 03 Mm 01 M e -I r/F M O t0 N yr tM VV. 183 FY 2013/2014 BUDGET RECONCILIATION October 1, 2013 to September 30, 2014 Budget Approved Budget as of October 1, 2013: $ 255,107,975 Fund Item Description Budget Amendment Grants Received 001 FDOT Grants 439,046 001 FTA SEC 5307 Grant 1,998,521 001 Emergency Management Performance Grant 74,416 001 CERT Grant 11,200 001 Hazardous Materials Grant 5,149 001 Homeland Security Grant 15,778 001 EMPA Grant 24,986 001 FP&L Disaster Preparedness Grant 33,289 001 DOJ SCAAP Grant 55,721 001 State Library Aid 2,962 001 FDOT Transit Corridor Grant 206,006 001 FTA SEC 5339 Grant 415,850 001 Florida Bar Intern Grant 2,000 102 Traffic Impact Fees/FDOT Intermodal Grant 19,338 109 Secondary Roads/Road Improvements 1,939,556 109 FDOT/SCOP Grant 299,419 114 EMS County Awards Grant 17,439 121 MACE Grant 6,070 123 State Housing Initiative Grant 100,000 124 MPO/Transit Hub Project 19,922 128 Beach Restoration/DEP Grant -Sector 3 Hurricane Sandy 5,400,000 128 Beach Restoration/Artificial Reef Grant 53,091 136 HUD Grants 180,492 145 Archie Smith Fish House Grant 99,000 11,419,251 Projects Carried Forward from FY 2012/2013 001 Parks/Ag Pavilion 165,000 001 Parks/Other Operating Supplies 1,177 001 Parks/Other Capital Improvements/Fairgrounds 27,100 001 Emergency Mgmt/Other Contractual Services 21,478 004 Road & Bridge/Other Contractual Services 24,366 004 GAC/Other Equip & Machinery 2,055 102 Road Improvements 9,452,545 103 Parks/Wabasso Beach Parking Expansion 36,612 103 Parks/South County Park Improvements 1,974,513 103 Parks/Sporting Clays 573,325 103 Parks/Flinn Tract -Lagoon Greenway Phase B2 302,000 103 Parks/Oslo Road Boat Ramp 281,491 103 Public Buildings/Refunds 2,140 103 Sheriff/Law Enforcement/Crime Scene Unit Building Renovation 451,372 103 Sheriff/Detention Center 100 103 Corrections/New Courtroom Facilities (250,000) 103 Fire Rescue/Station #13 1,253,795 103 Fire Rescue/Storage Distribution Center 95,265 108 Section 8/TBRA Grant Expense 495,782 109 Road Improvements 3,082,334 109 NGVDN/D88 Vertical Control 4,379 109 Section Horizontal Control 26,372 109 Other Contractual Services 731,478 F:\Budget\Kristin\Misc\Budget Amendment History 5 20+26 4 5 4 4 4 13+19 2 7 15 15 16 20 7 20 4 2+13 20 7 5 13 16+19 5 3 3 5 5 3 1 1+3+20 3 3 3 3 3 5 3 20 3 3 3 3 1+3 3 3 3 184 111 Stormwater/Automotive 12,500 3 111 Traffic Engineering/Automotive 67,230 1 111 Traffic Engineering/Pavement Markers 4,076 1 111 Road & Bridge/Other Contractual Services 6,200 1 114 Fire Rescue/Other Operating Supplies 10,621 5 114 Fire Rescue/Fire Station #13 103,942 3 114 Fire Rescue/EMS County Awards 10,803 5 120 911 Surcharge/Communication Equipment 50,000 3 128 Sector 3 Beach Restoration 176,721 3 130 CDBG/Neighborhood Stabilization 3 Project 1,145,499 3+20 133 Boat Island Repair 22,000 3 133 Oslo Road Boat Ramp 200,000 3 134 Library Bequest Funds 9,904 3 136 HUD Grants 512,781 3+5+20 145 Land Acquisition Bond/All Land 72,669 3 308 Dodgertown Reserve 846,201 3+20 315 Fire Services/Automotive 915,000 1+3 315 Facilities Maintenance/Jail Fire Alarm 155,109 3+5 315 Facilities Maintenance/Gifford Community Center Improv. 1,984 1 315 Facilities Maintenance/Crime Scene Unit Bldg Renovation 679,537 1+3 315 Parks/South County Park 2,973 406 3 315 Parks/Gifford Community Center Improvements 17,160 3 315 Parks/Gifford Ballfield 280,000 3 315 Road & Bridge/Road Improvements 12,005,969 3 315 Public Works/Drainage Systems 893,200 3 315 Public Works/CIP/Oyster Reefs 34,900 3 315 Public Works/CIP/PC South 2,583,378 3 471 Wastewater/Renewal & Repair 11,500 1 471 General & Engineering/Other Professional Services 4,593 1 471 General & Engineering/Misc. R&R 354,815 1 502 Self Insurance/General Liability 8,720 1 505 GIS Department/Other Professional Services 150,299 3 505 GIS Department/Software 26,434 5 43,101,830 Donations/Contributions 001 Donations/Library 56,989 001 Donations/Human Services 500 004 Donations/Codgers 2,374 109 Secondary Roads/82nd Ave Millings Project 51,000 111 Transportation/Engineering/Overtime 842 112 Law Enforcement Trust Fund/Confiscated Property 103,287 214,992 F:\Budget\Kristin\Misc\Budget Amendment History +15+17+20 4 7 4+13 5 4+7 185 Unbudgeted Items 001 BCC/EDP Equipment 3,501 001 County Attorney/Computer Hardware Upgrade 978 001 County Attorney/EDP Equipment 2,332 001 County Attorney/Legal Services 100,000 001 Main Library/EDP Equipment 2,334 001 Main Library/Computer Hardware Upgrade 32,000 001 Agencies/Local Jobs Grant -Boston Barricade 34,334 001 North County Library/EDP Equipment 2,334 001 North County Library/Computer Hardware Upgrade 2,400 001 North County Library/Carpeting 125,000 001 Brackett Library/Computer Hardware Upgrade 13,200 001 Law Library/Computer Hardware Upgrade 2,400 001 Human Resources/Legal Services 22,000 001 Human Resources/Employee Turnover 23,465 001 Veteran's Services/Computer Hardware Upgrade 978 001 Soil & Water/EDP Equipment 1,167 001 County Administrator/EDP Equipment 2,332 001 General Services/EDP Equipment 3,501 001 Emergency Management/EDP Equipment 1,167 001 Emergency Management/Computer Hardware Upgrade 978 001 Parks/EDP Equipment 2,332 001 Parks/Other Improvements Except Buildings 63,500 001 Parks/Automotive 50,100 001 Ag Extension/EDP Equipment 1,167 001 Ag Extension/Other Professional Services 11,000 001 Purchasing/EDP Equipment 3,501 001 Management & Budget/Health Insurance 3,000 001 Facilities Management/Computer Hardware Upgrade 2,934 001 Facilities Management/Automotive 25,100 001 Facilities Management/Legal Services -Admin Roof 30,000 001 Budget/EDP Equipment 2,334 001 Animal Control/Computer Hardware Upgrade 1,956 001 Animal Control/EDP Equipment 5,054 001 Transfer Out/Spring Training Bond Payoff 34,000 001 Transportation Coordinator/Senior Resource Association 131,196 001 Children's Services/Needs Assessment 32,550 001 State Health Department 50,750 001 Property Appraiser/Transfers Draw 2,653 001 Sheriff/Law Enforcement 20,500 004 NCAC/Air Conditioner Repairs 10,000 004 Recreation/EDP Equipment 3,501 004 Ocean Rescue/Personnel Costs 56,930 004 Shooting Range/EDP Equipment 2,334 004 Shooting Range/Maintenance-Buildings 8,512 004 Shooting Range/Increased Expenses 28,950 004 Planning & Development/EDP Equipment 3,498 004 County Planning/Legal Services 100,000 004 County Planning/EDP Equipment 1,166 004 Code Enforcement/EDP Equipment 1,166 004 Telecommunications/Communication Equipment Maintenance 16,109 103 Impact Fees/Fire Rescue/Other Machinery & Equipment 59,380 103 Impact Fees/Sheriff-Detention Center 34,730 103 Impact Fees/Public Buildings/Refunds 98,628 103 Impact Fees/Sheriff-Crime Scene Building 116,587 106 Court Facility/Courthouse Security Cameras 24,742 108 Section 8/EDP Equipment 2,334 F:\Budget\Kristin\Misc\Budget Amendment History 5 16 5 15 5 16 16 5 16 11 16 16 24 24 16 5 5 5 5 16 5 15 16 5 13 5 24 16 17 24 5 16 5+15 5 15 13 20 23 26 24 5 24 5 13 24 5 15 5 5 20 26 18 20 4 25 5 186 108 Section8/Port In & Out Payments 40,000 109 Secondary Roads/FEC Payment 235,541 109 Secondary Roads/County Engineering/Overtime 1,878 109 Secondary Roads/82nd Ave Millings 90,000 109 Secondary Roads/COLA 1,467 109 Secondary Roads/Petition Paving 275,000 111 Road & Bridge/Capital 838,500 111 Public Works/Other Professional Services 38,740 111 Public Works/EDP Equipment 1,166 111 Engineering/Overtime 2,239 111 Engineering/EDP Equipment 4,664 111 Traffic Engineering/Automotive 125,000 111 Traffic Engineering/EDP Equipment 1,166 111 Transportation Fund/Transfer Out 400,000 114 Fire Rescue/Advanced Life Support 100,000 114 Fire Rescue/EDP Equipment 1,167 114 Fire Rescue/Building Maintenance 100,000 114 Fire Rescue/Employee Turnover 285,430 114 Fire Rescue/Property Appraiser 187 119 Tourist Tax/Historic Dodgertown 20,104 123 SHIP/Computer Hardware Upgrade 978 123 SHIP/Rehab Loan 100,000 124 MPO/EDP Equipment 2,332 126 Law Enforcement Trust Fund/Confiscated Properties 25,190 129 Neighborhood Stabilization Program/Other Professional Services 114,112 140 Court Facility Surcharge/Facilities Management 37,500 140 Court Facility Surcharge/Courthouse Security Cameras 268,292 141 Additional Court Costs/Legal Aid 3,000 204 Spring Training Bonds/Interest-Debt Service 197,357 245 Land Acquisition 2004/Property Appraiser 127 308 Dodgertown Capital Reserve Fund/Room Renovations 92,393 315 Optional Sales Tax/Transfer Out/Dodgertown Room Renovations 58,393 315 Optional Sales Tax/Parks/Gifford Ballpark Lighting 220,000 315 Optional Sales Tax/Parks/Other Improvements Exc. Buildings 42,638 315 Optional Sales Tax/Sheriff/Law Enforcement 800,000 315 Optional Sales Tax/Sheriff/Detention Center 47,199 315 Optional Sales Tax/Emergency Services/Automotive 700,000 315 Optional Sales Tax/SRA Bus Shelters 150,000 315 Optional Sales Tax/Communications Equipment 99,870 411 SWDD/Transfer Out 75,414 411 SWDD/Computer Hardware Upgrade 1,956 418 Sandridge/Increased Revenues & Expenses 57,000 418 Sandridge/Repair & Replacement 40,510 418 Sandridge/Computer Hardware Upgrade 978 441 Building Dept/Overtime 11,593 441 Building Dept/Employee Turnover 28,288 441 Building Dept/Computer Software 19,950 441 Building Dept/Computer Hardware 13,127 441 Building Dept/New Position 83,508 471 Utilities/Unemployment Compensation 3,926 471 Utilities/Employee Turnover 14,894 471 Utilities/New Trainee Positions 63,407 471 Utilities/Repair & Replacement 362,000 471 Utilities/CWWTF Retrofit 90,500 471 Utilities/Computer Hardware Upgrade 18,582 501 Fleet/Unemployment Compensation 275 501 Fleet/Increased Operating Expenses 530,000 501 Fleet/Transfer In 125,000 F:\Budget\Kristin\Misc\Budget Amendment History 24 4 13 13 7 26 15 26 5 19 5 15 5 10+26 23 5 19 7 23 26 16 26 5 21 11 13 25 26 13 23 2+20 20 4 15+16 6 26 7 11 15 11 16 24 10 16 10 10 5 5+16 7+15 19 10 5 10 11 11 2 7 10 187 501 Fleet/Computer Hardware Upgrade 978 502 Self Insurance Fund/COLA 538 502 Self Insurance Fund/Fund Transfer Out 8,512 502 Self Insurance Fund/Worker's Comp Claims 750,000 504 Health Insurance Fund/COLA 215 505 IT/COLA 128 505 Computer Services/Hardware Upgrade 14,388 505 Computer Services/New Position 74,895 505 Computer Services/Depreciation 45,000 9,375,787 Total - All Amendments 64,111,860 Total Budget as of September 30, 2014: $ F:\Budget\Kristin\Misc\Budget Amendment History 16 7 13 24 7 7 16 11 7 319,219,835 188 Financial Indicators Snapshot - September Preliminary 2014 Compared to Budget % Variance Year - to -Date rj �.i M coM. , Ql .-1 ilik 44111 4111111,'41 o N1-1 If1 o lf1 12.6% 4. 38.7% Nipv -4.6% , o h " ! \ ', a D ' (.D Lii lD % Variance Current Month ..,:, ! e tD ,e e'ee 00 lO 00 c' 40*** 1 % Change Current Month 1111 39.6% Al 5.6% Apr 41.5% 1 4. -46.0% \ I. LA 1. 1 Compared to Prior Year 1 % Change Year - to -Date o VI O o N1-1 If1 o lf1 o .-I 4 o o N 0 .-i O o h " \ ', a D ' (.D Lii lD o 01 N N C 4. - C * r C C C 4040 0 % Change Current Month o \ o o o ' o M V1 Ol ' 00 CF Ln lG lD 00 4 O : Ilk 41 411* II SI 1 4. -46.0% \ I. LA 1. o ' oQ ri M Ni .--I li * \ C * \ C 4. \ 1 \ \ C C c 04.4., 189 Quarterly Budget Report 4th Quarter - FY 2013/14 Quarterly Budget Report 4th Quarter - FY 2013/14 • Half Cent Sales Tax • Optional Sales Tax • Tourist Tax • Impact Fees • Franchise Fees • Interest Income • Gas Tax from last year 5.1% from last year 5.2% from last year 10.0% from last year 31.7% from last year (4.7)% compared to budget (35.6)% from last year (0.5)% 1190 Quarterly Budget Report 4th Quarter - FY 2013/14 FY 2012/13 FY 2013/14 Variance General Fund Revenues Expenses Net Actual % of Actual % of Fay./ Amount Budget Amount Budget (Unfay.) $66,642,475 87.8% $72,340,825 96.0% $5,698,350 $70,627,324 92.3% $72,841,718 96.7% ($2,214,394) $3,483,956 Revenues • Ad Valorem proceeds up $2.7 million due to increase in millage rate. 87.8% collection vs 96.0% collection last year • Sheriffs Office prior year adjustment of $1.1 million Expenses • Constitutional Officers' expenses higher than last year. Quarterly Budget Report 4th Quarter - FY 2013/14 FY 2012/13 FY 2013/14 Variance M`.S.T.U. Fund Revenues Expenses Net Revenue Actual :%of Amount Budget $22,669,652 91.8% $23,986,508 95.2% $1,316,856 $23,817,223 96.4% $24,285,940 96.4% ($468,717) $848,139 Actual Amount %.of' Budget Fay./ (Unfay.) Revenues • Franchise Fees are up $477,000 • State Revenue Sharing up $153,000 • Ad Valorem proceeds up $97,000 • Half Cent Sales Tax increasing $477,000 Expenses • Transfers Out increasing $563,000 2191 Quarterly Budget Report 4th Quarter - FY 2013/14 FY 2012/13 FY 2013/14 Variance Transportation Fund Revenues Expenses Net Revenue Actual % of Actual % of Fay./ (Unfay.) Amount Budget Amount Budget $10,707,534 78.8% $10,849,184 73.3% $141,650 $11,511,869 84.7% $12,116,910 81.9% ($605,041) ($463,391) Revenues • Transfers In increasing $198,000 Expenses • Transfers Out increasing $384,000 due to a transfer to Fleet and Petition Paving Projects • A pending journal entry adjusting the General & Administrative charges will reduce expenses by $347,533 Quarterly Budget Report 3rd Quarter - FY 2013/14 FY 2012/13 FY 2013114 Variance Emergency Actual % of Actual % of Fay./ Services Amount Budget Amount Budget (Unfay.) Revenues $22,783,183 85.1% $25,691,591 94.1% $2,908,408 Expenses $25,452,751 95.0% $25,690,271 94.1% ($237,520) Net Revenue $2,670,888 Revenues • Ad Valorem proceeds up $2.9 million due to increase in millage rate/ property values Expenses • Employee turnover and position vacancies $358,000 decrease • Increase in retirement rate $468,000 • Reclassification of prior year capital expense $287,799 decrease • Collective bargaining ongoing 3192 Quarterly Budget Report 4th Quarter - FY 2013/14 Enterprise Funds & Misc. Depts. • Building Division — YTD Net Income increase of $612,282 5300,000 $250,000 $200,000 $150,000 5100,000 550,000 Revenues Oc, d24 Oce x� Oce efx PQ �S.°� N,§" PJQ' Quarterly Budget Report 4th Quarter - FY 2013/14 Enterprise Funds & Misc. Depts. • Golf Course - $582,960 Net Income vs. $537,792 last year • SWDD - $132,532 Net Income vs ($319,934) last year • Utilities — water revenues up 2.7%, sewer revenues up 2.4% • Fleet - $182k gain vs ($57k) loss last year 4193 Quarterly Budget Report 4th Quarter - FY 2013/14 Questions, Comments, etc.? 5194 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: THROUGH: FROM: SUBJECT: Joseph A. Baird, County Administrator Christopher R. Mora, P.E. (./ Public Works Director James D. Gray, Jr. Coastal Engineer DEPARTMENTA Sector 3 Dune Repair Project, Change Order No. 1 - Consideration of Changes to Sand Stockpiling Requirement Guettler Brothers Construction, LLC DATE: October 29, 2014 DESCRIPTION AND CONDITIONS On July 8, 2014, the Board of County Commissioners awarded a contract to Guettler Brothers Construction, LLC. (Guettler) to repair the dunes damaged by Hurricane Sandy (October, 2012) within the Sector 3 Beach and Dune Restoration Project area. The project will utilize sand from mined upland sand sources and be transported to the beach in trucks. The project will repair approximately 31,000 feet of storm damaged dunes by placing approximately 154,700 cubic yards of beach compatible sand landward of the mean high water line (MHWL). As required by permit all sand placement must occur prior to April 30, 2015. The total awarded contract amount was $3,076,920. Due to construction challenges encountered during the previous Sector 3 project (2010 — 2012) a lessons learned committee was formed. A common discussion among the committee members was subcontractor material shortages leading to construction delays and excessive closure of public beach accesses. In an effort to remedy the persistent material supply shortages encountered during the previous Sector 3 project, staff included a material stockpile provision in current Sector 3 Dune Repair Project Contract Documents. The stockpile provision requires the Contractor to have a total supply of beach compatible sand equivalent to 75%, or approximately 116,000 cubic yards, of the estimated 154,700 cubic yards project volume stockpiled at the mine prior to the first delivery of sand to the beach. F:\Public WorksJamesG\Sector 3 Repair Project\Change Orders\Change Order No. 1\Final Change Order No 1 - 3 Dune Repair Project -- 11-4-14.docx Sector 195 Page 2 Agenda Item For 11-4-14 BCC Meeting Sector 3 Dune Repair Project — Change Order No. 1 October 29, 2014 Guettler has indicated their desire to begin delivering sand to the beach on Novem.er 5, 2014, however they have not yet met the 75% stockpile requirement. Guettle has identified that the Davis and Hammond sand mines will be supplying beach comp.tible sand for the project. As of October 28, 2014, the Davis mine had approximately 4,000 cubic yards of beach compatible sand stockpiled for the project. Currently, the Ham and mine does not have a stockpile of beach compatible sand screened and available fo the project. All sand produced to date meets the sediment requirements of the permi and appears to be an excellent match for the beaches of the County. Staff offers the following three alternatives for the Board's consideration... ANALYSIS AND ALTERNATIVES Alternative 1: Uphold Current Contract Documents Alternative 1 would uphold the current contract documents, thereby maintainin required 75% sand stockpile provision. Although Guettler agreed to the stockpile prov with submission of its bid, upholding the current contract documents would cert result in Guettler delaying sand delivery until a sufficient stockpile of sand is availab start the project. A project delay could result in the project not being fully constru as designed. The project is on a very tight schedule and, as stated above, the pe requires all sand placement on the beach to occur prior to April 30, 2015. Alternative 2: Eliminate the 75% Sand Stockpile Provision Alternative 2 eliminates the contract provision requiring Guettler to have a total be ch - ready sand volume equivalent to 75% or approximately 116,000 cubic yards of the estimated 154,700 cubic yards project volume stockpiled at the mine prior to the irst delivery of sand to the beach. the sion inly e to ted mit Guettler estimates that only 65,000 cubic yards, or approximately 40% of the proce sed sand, would be available by the start of placement on November 5, 2014. Eliminating the 75% stockpile provision would allow Guettler to commence sand placement on Nove ber 5, 2014 and avoid any delays. An amendment to the Sector 3 Dune Repair Technical Provisions, signed by the County : nd Guettler, is required to effectuate this Alternative. Upon Board approval, Section 1 2.1 Fill Material (page TP (UPLAND) — 10) of the Project Technical Provisions will be amened as follows: F:\Public Works\JamesG\Sector 3 Repair Project\Change Orders\Change Order No. I\Final Change Order No 1 - S ctor 3 Dune Repair Project -- 1 1-4-14.docx 196 Page 3 Agenda Item for 11-4-14 BCC Meeting Sector 3 Dune Repair Project — Change Order No. 1 October 29, 2014 • Deletion of the 75% stockpile provision • Insertion By elimination of the 75% stockpile provision the CONTRACTOR shall not receive additional compensation for Mobilization and/or Demobilization abo e its Bid awarded on July 8, 2014. Payment for Mobilization and Demobilization shall remain consistent with Section 8 of the Specific Provisions. • Insertion By elimination of the 75% stockpile provision the CONTRACTOR shall schedule construction on the beach in order to minimize construction delay and excessive closure of public beach accesses. Alternative 3: Pre -Purchase Processed Sand at the Mine Alternative 3 entails the County pre -purchasing sand that has been processed and approved pursuant to the FDEP Sediment QA/QC plan. As part of its bid, Gu:ttler identified that the cost of providing sand was $8.50 per cubic yard. There is no lang age in the Contract Documents to facilitate this alternative. If this alternate were t. be considered, specific conditions would need to be defined in a future change o der. However, similar to the initial Sector 3 project where the County purchased stockiled sand, pre -purchase would require the contractor to provide a survey of the stockpil _ and the County taking ownership of the sand if Guettler were to default on the contract. Project Updates As with the previous Sector 3 Project, staff will provide weekly project updates o the County's website and, if desired by the Board, provide project updates under f ture Departmental Board items. FUNDING Approval of any of the above presented 3 Alternatives would require no additional ocal funding. Local funding of Beach Restoration includes a portion of Local Option Touris Tax Revenue as well as allocation of the One Cent Sales Tax. Funding is budgeted and avail . ble for construction of the Sector 3 Dune Repair Project in the Beach Restoration Fund, S=ctor 3 Renourishment — Post Hurricane Sandy Account No. 12814472-066510-13014. F:\Public Works\JamesG\Sector 3 Repair Project\Change Orders\Change Order No. 1 \Final Change Order No 1 - ector 3 Dune Repair Project -- 1 1-4-14.docx 197 Page 4 Agenda Item for 11-4-14 BCC Meeting Sector 3 Dune Repair Project — Change Order No. 1 October 29, 2014 RECOMMENDATION Staff recommends that the Board approve Alternative 2: Eliminate the 75% Sand Sto kpile Provision and authorize the Chair to sign an amendment and any additional docu ents necessary in order to effectuate the suggested Change Order No. 1 to the Sector 3 '' une Repair Project Contract Documents in order for staff to issue a full project noti e -to - proceed to Guettler. The County's coastal engineering consultant, CB&I Coastal Planning and Engineerin also supports approval of Alternative 2. ATTACHMENTS Inc. 1) E-mail correspondence between County staff and Guettler staff relevant to this it m. 2) Change Order No. 1 which amends Section 1.2.1 Fill Material (page TP (UPLAND) 10) of the Sector 3 Dune Repair Technical Provisions APPROVED AGENDA ITEM FOR: November 4, 2014 Indian River County App oved Date Administration Pb MN, Budget (I 110 4241 Legal ' 4 r ,, 1 � `�( I Public Works • /0/'�'9(Y Coastal Engr. Division JD Willi ti F:\Public Works\JamesG\Sector 3 Repair Project\Change Orders\Change Order No. 1\Final Change Order No 1 - 3 Dune Repair Project -- 11-4-14.docx Sector 198 ATTACHMENT 1 James Gray From: Ben Guettler <Ben@guettlerconstruction.com> Sent: Wednesday, October 22, 2014 10:56 AM To: James Gray Cc: Chris Mora; Bill Debraal; Thomson, Gordon; Swigler, David; JosephD (joe@oceansidesolutions.com) Subject: RE: Sector 3 Dune Repair Project Attachments: 42.1 SureTrak_ SEC3BL_ REV 10-22.pdf James - Thank you for working with us, we should have the complete survey in the requested format no later than Monday. The mine operations will not stop, conservatively we should anticipate 60 to 70 thousand CY of material tested and passed before November 4th, with an average daily production of 1000-2000 cy per day to start, and ramp up to 3000 cy as sand production increases. Attached is the revised schedule showing the new start date and location. Let me know if you need anything else. Thanks Again, Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.guettlerconstruction.com From: James Gray [mailto:JGrayCaircgov.com] Sent: Wednesday, October 22, 2014 10:17 AM To: Ben Guettler Cc: Chris Mora; Bill Debraal; Thomson, Gordon; Swigler, David Subject: Sector 3 Dune Repair Project Importance: High Ben: As discussed, the County's intent is to issue a Change Order authorizing Guettler to begin construction sand stockpiles on hand. Staff intends to bring this Change Order to our Board for approval on Novem In order for the Change Order to move forward I request the following updates/submittals from Guettle • Submission of all pre construction survey data in electronic ASCII x,y,z format. o I understand Guettler has not completed all surveying to date — please submit all "prelim have --- We need to approve prior to authorizing construction. • Status of sand mine operations o Are the sand mines still producing material? 1 ith the current er 4, 2014. nary" data you 199 • If so, what are the current production rates and how much approved beach corn you expect to have stockpiled prior to the anticipated November 4th start day the project. • If not, when do you expect your mines to re -start mining operations to produce sand? • Updated Construction Schedule, identifying mobilization/sand placement dates to/thru Count accesses. Regards, James James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 772-226-1344 (0) 772-778-9391 (F) jgrayaircgov.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addres received this email in error please notify the system manager. This message contains confidential information and is intended only for the indi not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you hav by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing reliance on the contents of this information is strictly prohibited. 2 atible sand do nd for the rest of each compatible 's beach ed. If you have idual named. If you are received this e-mail r taking any action in 200 James Gray From: James Gray Sent: Wednesday, October 08, 2014 1:34 PM To: 'Ben Guettler' Cc: Chris Mora; Swigler, David; Bill Debraal Subject: RE: Sector 3 Novemeber Start Date Ben: Due to construction challenges with the previous Sector 3 project a lessons learned sub -committee was formed. Subcontractor material shortages leading to construction delays and excessive closure of pub is beach accesses were a common discussion. In an effort to remedy the persistent material supply shortages encountered under the initial Sector 3 project, staff included a stockpile requirement in the Sector 3 Dune Repair Project contract documents to ensure minimal project delays and disruption. James From: Ben Guettler [mailto:Ben@guettlerconstruction.com] Sent: Wednesday, October 08, 2014 8:44 AM To: James Gray Cc: Chris Mora; Swigler, David Subject: RE: Sector 3 Novemeber Start Date Could you please explain the basis for the 75% stockpile requirement in the contract? Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.quettlerconstruction.com From: James Gray [mailto:JGrayOircgov.com] Sent: Tuesday, October 07, 2014 4:28 PM To: Ben Guettler Cc: Chris Mora; Swigler, David Subject: RE: Sector 3 Novemeber Start Date Ben: I discussed your request with Chris Mora. After much consideration the position of staff is to continue enforcing the contract documents, thereby requiring 75% of the total project material (approximately 116,000 CY) stockpiled and QA/QC tested prior to transportation to the beach. ,lease let me know If you have any questions. Regards, 1 201 WOW James Gray From: James Gray Sent: Tuesday, October- 07, 2014 4:28 PM To: 'Ben Guettler' Cc: Chris Mora; 'Swigler, David' Subject: RE: Sector 3 Novemeber Start Date Ben: I discussed your request with Chris Mora. After much consideration the position of staff is to continue enforcing the contract documents, thereby requiring 75% of the total project material (approximately 116,000 CY) stockpiled and QA/QC tested prior to transportation to the beach. Please let me know If you have any questions. Regards, James From: Ben Guettler [mailto:Ben@guettlerconstruction.comj Sent: Tuesday, October 07, 2014 11:29 AM To: James Gray Subject: Sector 3 Novemeber Start Date James - As discussed is seems that we will be unable to produce the required 75% stockpile from a single source by November 3rd, that being said we would like to request permission to commence sand placement on November 3' without the required sand stockpile. Please let me know if you have any concerns or questions in regards this request. Thanks Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.quettlerconstruction.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 1 202 James Gray From: Sent: To: Cc: Subject: Good Morning Ben: James Gray Monday, September 29, 2014 8:40 AM 'Ben Guettler' Chris Mora; Chris Kafer; Bill Debraal; Thomson, Gordon; David Swigler RE: Sector 3 Dune Repair Project Update After discussing your request with the County Attorney's office, the position of staff is to follow the con as written. Therefore, staff will not recommend partial payment for processed sand stockpiled at the m construction. tract documents ine prior to Regards, James From: Ben Guettler [mailto:Ben@guettlerconstruction.com] Sent: Friday, September 26, 2014 4:14 PM To: James Gray Cc: Chris Mora; Chris Kafer; Bill Debraal; Thomson, Gordon; David Swigler Subject: RE: Sector 3 Dune Repair Project Update James - We are working with the sand supplier to make the November 1St start date happen, however, we feel t e as a sign of good faith the county should make partial payment for the stockpiled material as it indicated it "may co sider" below. I have to admit I was unprepared and caught off guard at our last meeting when I was told it is not even . possibility. At this point I would kindly ask that you reconsider and at least make some attempt to pay us for the work we have and will continue to perform on the counties behalf. Sincerely - Response: At this time, the Contract Documents do not allow partial payor stockpiled at the mines prior to construction. During construction of project, the COUNTY executed a change order to allow for partial payment partial payment covered the cost to process the sand, but did not include deliver, and place sand at the project site. After the contract is aware consider a similar change order if it is requested by the CONTRACTOR. It w order would be contingent upon approval by the COUNTY'S Board of Comm 1 Addle -it for prorce' he previous 8f stockpiled the costs to t ed, the COU s noted that ssioners. 203 Ben Guettler Guettler Construction 772-461-8345 772-461-8039 FAX www.quettlerconstruction.com From: James Gray [mailto:JGray@ircgov.com] Sent: Monday, September 22, 2014 11:23 AM To: Ben Guettler Cc: Chris Mora; Chris Kafer; Bill Debraal; Thomson, Gordon; David Swigler Subject: Sector 3 Dune Repair Project Update Importance: High Ben: During our conservation this morning we discussed the following relative to the upcoming Sector 3 Du • Anticipated construction schedule o Pre -construction meeting — anticipated for mid-October,2014 o Beach construction, sand hauling and dune construction - anticipated for the first week 2014 • Current stockpile of Approved beach sand (Davis Sand Mine) as of September 22, 2014 o 30,000 — 40,000 cubic yards • Status of Sea Turtle Monitoring o County is conducting late season sea turtle monitoring in the event that a nest needs to of project area prior to November, 2014 construction • Contractor required submittals prior to construction o List of submittals identified under Specific Provisions, Section 42 o Have a total available aggregate sand volume equivalent to 75% or 116,000 cubic yards compliance with the Contract Documents and Table 2 of the Sediment QA/QC Plan for Sources (Appendix E) prior to the first delivery of sand to the beach, Technical Provisio Fill Material (Page TP (UPLAND) -10) Based on our conversation today, It appears that Guettler Construction will not have the required 75% material prior to their anticipated November, 2014 construction schedule and that they intend to haul stockpile (under 75% contract requirement) at this time. Please note, the contract documents specific. requirement of a 75% quantity stockpile. The stockpile requirement was also noted in the County's Au Notice to proceed to Guettler Construction. Given the above, please clarify your intent to remain consistent with the contract documents so we are accordingly. Regards, James James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 2 e Repair Project: f November, e relocated out f material in pland Sand s, Section 12.2.1 tockpile of my the available Ily state the ust 22, 2014 able to respond 204 772-226-1344 (0) 772-778-9391 (F) jgray(ci)ircgov.com 'his email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addre•sed. If you have "dr. -received this email in error please notify the system manager. This message contains confidential information and is intended only for the ind vidual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you ha e received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 3 205 ATTACHMENT 2 INDIAN RIVER COUNTY SECTOR 3 DUNE REPAIR PROJECT PROJECT NO. 0928 — A CHANGE ORDER NO. 1 The Agreement entered into on the 8th day of July 2014, is hereby revised as foll•ws: WHEREAS, Section 3.4 of the General Conditions, allows for an amendment to the Contract Documents with a Change Order in order to avoid construction dela, s; and, WHEREAS, the County is amending Section 1.2.1 Fill Material (p : ge TP (UPLAND) —10) of the Project Technical Provisions by eliminating the 75% sand s ockpile provision and adds the following conditions: • By elimination of the 75% stockpile provision the CONTRACTOR shall not receive additional compensation for Mobilization and/or Demobilization above its Bid awarded on July 8, 2014. Payment for Mobilization and Demobilizati• n shall remain consistent with Section 8 of the Specific Provisions, and • By elimination of the 75% stockpile provision the CONTRACTOR shall si hedule construction on the beach in order to minimize construction delays and ex essive closure of public beach accesses. All other terms and conditions of the Agreement shall remain unchanged. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 206 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Change Order No. 1 n duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. A I portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Change Order will be effective on , 2014 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Change Order). OWNER: CONTRACTOR: INDIAN RIVER COUNTY Guettler Brothers Construction, LLC. By: By: Peter D. O'Bryan, Chairman (Contractor) By: (CORPORATE SEAL) Joseph A. Baird, County Administrator Attest APPROVED AS TO FORM 7ND LEGAL SUFI /! `) William DeBraal, Deputy County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 207 Regular Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 13, 2014 To: Joseph A. Baird, County Administrator From: Through: Prepared By: Subject: Vincent Burke, P.E., Director of Utility Services Chris Mora, P.E., Public Works Director C,yw Himanshu Meta, P.E., Solids Waste Managing Director `i'%. Arjuna Weragoda, P.E., Capital Projects Manager kw EXTENSION & AMENDMENT OF — INDIAN RIVER COUNTY CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES DESCRIPTIONS AND CONDITIONS: On November 15, 2011 the Board of County Commissioners (BCC) approved fourteen (14) firms and on December 6, 2011 BCC approved two (2) firms for a total of sixteen (16) firms currently selected for the Continuing Contract Agreement for Professional Services with Indian River County. The original contract was for three years with an option for a three-year renewal at the county's discretion. The current continuing services agreement for professional services has been utilized by the Department of Community Development, Public Works, Solid Waste and Utilities for various projects. The existing list comprises firms that have a satisfactory track record in performing Civil Engineering projects in the field of water, sewer, roadways, traffic analysis, structural, solid waste management, water resources and master planning. Representatives from other Departments met to discuss the contract and the consensus is that staff is satisfied with the consulting firms in the current Continuing Contract Agreement and believes extending the contracts to be in the best interest of the County. Therefore, under Section 4 -TERM; TIME FOR COMPLETION under the current contract, County staff is proposing, subject to approval by the BCC, to extend the agreements for another three (3) year term which would expire November 16th, 2017. Staff has negotiated standard fee schedules with each individual firm on the selection list. The fee schedule(s) reflect fair and competitive rates for comparable professional services and tasks. These fees will be the basis for individual projects, work orders and purchase orders. All sixteen (16) firms below have submitted an executed agreement for the Extension and Amendment of the Continuing Services Contract for Professional Services along with a fee schedule(s) that have been accepted by reviewing staff. Atkins North America, Inc. Kimley-Horn and Associates, Inc. Bridge Design Associates, Inc. Knight, McGuire and Associates, Inc. Brown & Caldwell Masteller & Moler, Inc. Carollo Engineers, Inc. MBV Engineering, Inc. 208 Carter Associates, Inc. Neel -Schafer, Inc. Da e CDM Smith SCS Engineers. IP/ Ecotech Consultants, Inc. Schulke, Bittle & Stoddard, L.L.C. I a Geosyntec Consultants W.F. McCain and Associates, Inc. 2_d (0 FINANCING/FUNDING: Funding for projects will be allocated from individual accounts described in the Capital Improvement Plans, Renewal and Replacement Plan or Other accounts in the various Departme ts. Once a contract has been negotiated with one of the above -listed consultants, a work order will be submi ted to the BCC for approval. ALTERNATIVES The alternatives offered for consideration are as follows: Alternative No. 1: Authorize Chairman to execute the Extension and Amendment of Continuing Contract Agreement for Professional Services Agreements with the sixteen (16) f rms listed above. Alternative No. 2: Do not exercise the three (3) year renewal. Instead, direct staff to extend t e current Continuing Contract Agreement for Professional Services with the 16 -firms a minimum one (1) year to expire November 16, 2015. Direct staff to solicit a Request for Qualifications (RFQ) to provide professio al services in Engineering as per the County's purchasing manual. The subject alternative is a comprehensi e process will require a tremendous amount of staff hours in putting together an RFQ to request and review he critical pieces of information necessary to evaluate a potential consultant's expertise in the varioufields of Engineering. The one year extension would ensure ample time is allotted to create the RFQ advertise, review the proposals, conduct interviews and prepare recommendations to the BCC. RECOMMENDATION: Since County staff from the various departments are satisfied with the current list of firms, Staff re'ommends approval of Alternative No.1 to be in the best interest of the County and requests the Board to au horize the Chairman to execute the attached Agreements on their behalf, renewing the existing contract fo three (3) years with a single end date of November 16th, 2017 for all sixteen (16) firms. ATTACHMENT(s): 1. Extension and Amendment of Continuing Contract Agreement for Professional Services (16 firms). APPROVED FOR AGENDA: By: ct2.)a o /14 u' J4 Joseph �(. Baird, County Administrator Vit For: it (.',y jy/ ; Al ,�i i. Date Indian River Co. Approved Da e Administration OOP.-/.', IP/ Legal I a Budget 2_d (0 Utilities iilp L` 2117 `f Utilities -Finance VV. Pur (- L ,I Pi Public Works „ .Y iy Solid Waste .Tv., T:. 7-111E Purchasing C _\A (,) i r MA A F:\Utilities\UTILITY - Engineering\Continuing Services Contract\Agenda -Approval of Agreements 10-16-14_vb.doc 209 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROF:SSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwee INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Geosyntec Co sultants, ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.05', Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a C.ntinuing Contract Agreement for Professional Services to provide certain professional service relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utiliti s -Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, th 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 section Agreement until November 16th, 2017. 1 of the 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inc i rporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hou ly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including co liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence . 11.1 tractual 210 b. 7.2.3. Business Automobile Liability; owned, hired, and non -owned vehicle minimum combined single limit of ,000 $300,000 per occurrence at a epic -les. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A_ VII or better. 5. AH other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: Geosyntec Consultants, Inc. INDIAN RIVER COUNTY Byrl�� Printed name: Thomas A. Peel Title: Senior Vice President Date \_N' aL� By its Board of County Commissioners By Peter D. O'Bryan, Chairman Date Approved by BCC; Attest'Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph A,':acrd ounty Administrator Approved as to form and legal sufficiency: an Reingold County Attorney 211 Geosyntec Consultants 2014 Bill Rates Labor Classification Clerical Administrative Assistant Technical Word Processor Drafter/CADD Operator/Artist Senior Drafter/Senior CADD Operator Designer Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Staff Professional Senior Staff Professional Professional Project Professional Senior Professional Associate Principal General Direct Expenses Subcontract Services Communications Fee Specialized Computer Applications Photocopies Bill Rate $54 $90 $92 $80 $129 $131 $63 $81 $95 $109 $113 $96 $113 $128 $147 $179 $204 $216 At Cost Cost Plus 7% 3% of Professional Fees $15 per hour $0.12 per page Effective 1 January 2015 and each year thereafter the bill rates stated above will be adjusted based on the prior twelve month Consumer Price Index for all south urban consumers. IRC 2014 Rates 212 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("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 SCHUL E, BITTLE & STODDARD, LLC ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.0 5, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Sontinuing Contract Agreement for Professional Services to provide certain professiona services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major an. Utilities - Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three year C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agree ent for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified i made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify he billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and o her good valuable consideration, the receipt and sufficiency of which are hereby acknowleged, 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 secti•n 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to in•orporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of curre t hourly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence .... 213 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $184,98A $300,000 per occurrence a+ —persw4 ewfle4-veh+Eles. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain In full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: SCHU BITTLE & STODDARD, LLC INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph c' ulke, P.E. Managing mber Date: September 1.9, 201,4 By Peter D. O'Bryan , Chairman Date Approved by BCC: Attest; Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph A. Baird ounty Administrator Approved as to form and legal sufficiency: ylan Reingoid County Attorney 214 Schulke, Bittle & Stoddard, LLC Hourly Rate Schedule Continuing Contract Agreement with IRC for Professional Services Engineering Personnel Principal $150.00 Project Manager/Engineer $125.00 Design Tech $110.00 Construction Manager $ 80.00 Draftsman $ 85.00 Inspector $ 65.00 Clerical $ 45.00 Surveying Personnel Surveyor / Principal $135.00 Survey Crew / Field $125.00 CADD Draftsman / Office $ 75.00 Clerical $ 45.00 215 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("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 BRO N AND CALDWELL, ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.05', Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a C• ntinuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities - Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem-nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified i made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowled:ed, 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 secti the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to in a Revised Exhibit 2, attached to this Amendment, describing the schedule of curre billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: n 4.1 of rporate t hourly a. 7.2.2. General Liability: commercial general liability coverage, including co tractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence . .1. 216 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of 1887888 5300,000 per occurrence a ownedva#ic-les. c. 7.4. All required insurance policies shall be placed with insurers licensed business in Florida and with a Best's rating of A; VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. to do IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: By Printe name: Al: -It Perez Peter D. O'Bryan , Chairman Title: Vice Preside ND CALDWELL INDIAN RIVER COUNTY By its Board of County Commissioners By Date o—.. — Date Approved by SCC: Attest: Jeffrey R. Smith, Clerk of Court an Comptroller By Deputy Clerk Approved: • 4. seph A. Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 217 Exhibit 2 Brown and Caldwell's Professional Municipal Engineering Services Fee Schedule A B Drafter Trainee C Assistant Drafter Drafter Engineering Aide D Inspection Aide Engineer 1 Senior Drafter Senior Illustrator E Inspector 1 Engineer II Inspector 11 Lead Drafter F Lead Illustrator Engineer III Inspector 01 Senior Designer Supervising Drafter G Supervising Illustrator Senior Engineer Principal Designer Senior Construction Engineer H Senior Engineer Principal Engineer Principal Construction Engineer Supervising Designer Supervising Engineer Supervising Constr. Engineer Supervising Engineer J K L M N 0 P Managing Engineer Chief Engineer Executive Engineer Technicalla.cientific Vice President Senior Vice President President/Executive Vice President Chief Exe utive Officer 'VALID THR1)' 15 Field Service Technician 1 Field Service Technician 0 Field Service Technician III Geologist/Hydrogeologist 1 Scientist I Senior Field Service Technician Geologist/Hydrogeologist 11 Scientist II Geologist/Hydrogeologist III Scientist III Senior Geologist/Hydrogeologist Senior Scientist Principal Geologist/Hydrogeologist Principal Scientist Supervising Scientist Supervising Geologist/ Hydrogeologist Managing Geologist/Hydrogeologist Managing Scientist Chief Scientist Chief Geologist/Hydrogeologist Si Albert Perez, resident Printed Name / Title Date Office/Support Services 1 Word Processor I Office/Support Services 0 Word Processor 0 Office/Support Services III Accountant 1 Word Processor III Office/Support Services IV Accountant 11 Word Processor IV Accountant III Area Business Operations Technical Writer Word Processing Superviso Accountant IV,- - Administrative Manager Senior Technical Writer Corp.Contract Administrator Assistant Controller Area Bus Ops Mgr IV Corp Marketing Comm. Mgr g ilolurly !~nate $55 $73 $80 $96 $116 $137 $163 $186 $211 $223 $243 $263 $289 $325 $325 $325 218 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROF SSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwee INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Atkins North Ame ica, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing Contract Agreement for Professional Services to provide certain professional service • relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utiliti:s-Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem:nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if ade in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify th- billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth-r 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 section 4.i of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inco porate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hour) billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including con ractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence 1 ... 219 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $1001000 $300,000 per occurrence aeFse-Fia-I +nf - - • . owned es. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: Atkins INDIAN RIVER COUNTY By its Board of County Commissioners By f'/�rl�a�� �• ,G.a� �ll By Printed name: Title: 41rya e 4 ,tee s Date Peter D. O'Bryan , Chairman Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: 1 1� �phA.Bird • . my Administrator Approved as to form and legal sufficiency: n Reingold County Attorney 220 Job Title Administrative Coordinator I Administrative Coordinator II CAD Design Technician CAD Designer Designer I Designer II Engineer I Engineer II Engineer III Principal Technical Professional Project Director Project Manager Sr CAD Technician I Sr CAD Technician II Sr Designer I Sr Designer II Sr Engineer I Sr Engineer II Sr Engineer III Sr Engineer IV Sr Program Assistant I Sr Program Manager Sr Project Manager Survey Field Data Assistant I Survey Field Data Assistant II Survey Field Data Specialist I Survey Field Data Specialist II Surveyor I Surveyor II Sr. Administrative Coordinator I Sr. Survey Field Data Specialist I Sr. Survey Field Data Specialist II Sr. Survey Field Data Specialist III Sr. Survey Field Data Specialist IV Sr. Surveyor I Sr. Surveyor II Sr. Surveyor III Atkins NA, Inc. Labor Rates by Job Title 2014 2015 2016 Unburdened Burdened Unburdenec Burdened Unburdened Burdened Grade El0 $ 27.19 $ 81.01 $ 27.74 $ 82.63 $ 28.29 $ 84.28 Ell $ 29.42 $ 87.64 $ 30.01 $ 89.40 '$ 30.61 $ 91.19 N11 $ 31.74 $ 94.56 $ 32.38 $ 96.45 $ 33.02 I $ 98.38 Ell $ 31.03 $ 92.45 $ 31.65 $ 94.30 $ 32.29 $ 96.19 E10 $ 28.02 $ 83.48 $ 28.58 $ 85.15 $ 29.16 $ 86.86 Ell $ 31.28 $ 93.18 $ 31.90 $ 95.04 $ 32.54 $ 96.94 E10 $ 25.60 $ 76.26 $ 26.11 $ 77.78 $ 26.63 $ 79.34 Ell $ 31.09 $ 92.62 $ 31.71 $ 94.47 $ 32.35 $ 96.36 E12 $ 39.13 $ 116.58 $ 39.92 $ 118.91 $ 40.71 $ 121.29 E17 $ 74.78 $ 222.77 $ 76.27 $ 227.22 $ 77.80 $ 231.77 E16 $ 73.09 $ 217.74 $ 74.55 $ 222.10 $ 76.04 1 $ 226.54 E14 $ 43.69 $ 130.15 $ 44.56 $ 132.75 $ 45.45 $ 135.41 N9 $ 24.09 $ 71.76 $ 24.57 $ 73.20 $ 25.06 $ 74.66 N10 $ 28.37 $ 84.52 $ 28.94 $ 86.21 $ 29.52 $ 87.94 E12 $ 37.36 $ 111.29 $ 38.10_ $ 113.52 $ 38.87 $ 115.79 E14 $ 44.62 $ 132.94 $ 45.52 $ 135.60 $ 46.43 $ 138.31 E12 $ 35.90 $ 106.96 $ 36.62 4 $ 109.10 $ 37.35 $ 1.11.28 E14 $ 44.19 $ 131.64 $ 45.07 $ 13427 $ 45.97 $ 136.96 E15 $ 53.98 $ 160.81 $ 55.06 $ 164.03 $ 56,16 $ 167.31 E16 $ 67.06 $ 199.79 $ 68.41 $ 203.79 $ 69.77 $ 207.86 N8 $ 22.38 $ 66.68 $ 22.83 $ 68.01 $ 23.29 $ 69.37 E16 $ 73.14 $ 217.89 $ 74.60 $ 222.25 $ 76.10 $ 226.70 E15 $ 56.91 $ 169.54 $ 58.05 $ 172.93 $ 59.21 $ 176.39 N2 $ 10.40 $ 30.98 $ 10.61 $ 31.60 $ 10.82 $ 32.23 N4 $ 13.26 $ 39.50 $ 13.53 $ 4029 $ 13.80 $ 41.10 N6 $ 14.56 $ 43.38 $ 14.85 $ 44.24 $ 15.15 $ 45.13 N7 $ 17.90 $ 53.32 $ 18.26 $ 54.39 $ 18.62 $ 55.48 E10 $ 26.82 $ 79.90 $ 27.36 $ 81.50 $ 27.91 $ 83.13 Ell $ 32.31 $ 96.26 $ 32.96 $ 98.19 $ 33.62 $ 100.15 E12 $ 29.42 $ 87.65 $ 30.01 $ 89.40 $ 30.61 $ 91.19 N8 $ 19.84 $ 59.11 $ 20.24 $ 6029 $ 20.64 $ 61.49 N9 $ 21.50 $ 64.05 $ 21.93 $ 65.33 $ 22.37 $ 66.64 N10 $ 26.90 $ 80.15 $ 27.44 $ 81.75 $ 27.99, $ 83.39 N11 $ 35.27 $ 105.06 4 $ 35.97 $ 107.16 $ 36.69 $ 109.31 E12 $ 41.60 $ 123.93 $ 42.43 $ 126.41 $ 43.28 $ 128.94 E14 $ 36.75 $ 109.49 $ 37.49 $ 111.68 $ 38.24 $ 113.92 E15 $ 48.00 $ 142.98 $ 48.96 $ 145.84 $ 49.94 $ 148.76 Page 1 Atkins proposed Rate Sche ule by Title.xlsx 221 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwee INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Carollo Engine-rs, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing Contract Agreement for Professional Services to provide certain professional service • relating to Public Works, Solid Waste Disposal District (SWDD)' Utilities -Major and Utiliti:s-Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem: nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, th 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 section 4 1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to ince rporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hou ly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including co tractual liability and independent contractor, with a minimum combined single limit of "` $300,000 per occurrence . ... 222 b. 7.2.3. Business Automobile Liability: owned, hired, and non-owned vehicles at a minimum combined single limit of $400,00g 5300,000 per occurrence ewaed ve-Weles. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VH or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (Carollo Engineers, Inc.) INDIAN RIVER COUNTY By its Board of County Commissioners By Pr nted name: Robert Cushing Title: Senior Vice President, PhD, PE, BCEE Date y/0, l 4s I-- By Peter D. O'Bryan , Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph A. =acrd ounty Administrator Approved as to form and legal sufficiency: Ilan Reingold County Attorney 223 4 4 2 CAROLLO ENGINEERS, INC. FEE SCHEDULE As of March 1, 2011 Hourly Rate Engineers/Scientists Assistant Professional $129.00 Professional 163.00 Project Professional 195.00 Lead Project Professional 212.00 Senior Professional 233.00 Technicians Technicians 98.00 Senior Technicians 142.00 Support Staff Document Processing / Clerical 84.00 Project Equipment Communication Expense 9.50 (PECE) Per DL Hour Other Direct Expenses Travel and Subsistence at cost Mileage at IRS Reimbursement Rate Effective January 1, 2011: $.51 per mile Subconsultant cost + 10% Other Direct Cost cost + 10% Expert Witness Rate x 2.0 This fee schedule is subject to annual revisions due to labor adjustments. pw:l/Carol&DocumentslCarollo Internal Protects/t(MANUAUTab 1 OwnedFEE/Standard/Enlue Company (C) 224 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and etween INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and SCS E gineers, ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and tilities- Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreement for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowled.ed, 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 section 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to ince rporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of curren hourly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including co tractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence 111 225 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $100,000 $300,000 per occurrence and -per -sena! awned . chlcies c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A; VII or better. S. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above, Consultant: (SCS Engineers) By C . 1 c CS Printed name: C, Ed Hilton, Jr, PE Title: Vice President Date ,J9j2Qj14 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan , Chairman Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph , Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 226 SCS ENGINEERS FEE SCHEDULE (Effective October 1, 2014 through November 16, 2017) Rate our $ Principal/Office Director P 40 Project Director P 10 Senior Project Advisor 90 Senior Project Manager 70 Project Manager 50 Senior Project Professional 35 Project Professional 20 Designer 10 Construction Superintendent 1 05 Staff Professional 1 00 Designer/Drafter 95 Senior Technician 90 Associate Staff Professional 85 Technician 62 Office Services Manager/Project Administrator 75 Secretarial/Clerical 70 1. The hourly rates are effective October 1, 2014. 2. The above rates include salary, overhead, administration, and profit. Other direct e penses, such as analyses of air, water and soil samples, reproduction, travel, subsistence, subcontractors, computers, and other reimbursable fees, are billed in accordance w th the attached reimbursable fee schedule or at cost, plus 15 percent for administration. 3. For special situations, such as expert court testimony, hourly rates for principals of he firm will be on an individually -negotiated basis. SCS ENGINEERS FEE SCHEDULE (Continued) (Effective October 1, 2014 through November 16, 2017) Page 2 SCS ENGINEERS REIMBURSABLES FEE SCHEDULE (Effective October 1, 2014 through November 16, 2017) ADMINISTRATION/MILEAGE Unit Cost ($) Unit Reimbursable Vehicle Mileage 0.56 mile Truck Usage $75 day Reproduction — Black and White Copies 0.10 each Reproduction - Color Copies 0.75 each CAD Usage 5 hour EQUIPMENT/FIELD SUPPLIES Sampling Trailer, Field Equipped Rate ($) Unit 250 Day Field -equipped sampling trailer includes equipment and supplies for soil and ground ater sampling, decontamination, health and safety, logs, packing and shipping, and miscellaneous uses. Calibration: Conductivity Standards * 1 Ounce Isobutylene * 1 Liter Methane in Air OVA Calibration Gas * 1 Liter Pentane in Air * 1 Liter pH Buffer Solutions (4,7,10) * 1 Ounce Decontamination Equipment: Brushes * 5 Day Distilled/Deionized Water * 1 Gallon Isopropyl Alcohol * 1 Ounce Liquinox Soap Concentrate * 1 Ounce Plastic Buckets * 5 Day 228 SCS ENGINEERS FEE SCHEDULE (Continued) (Effective October 1, 2014 through November 16, 2017) Page 3 EQUIPMENT/FIELD SUPPLIES Rate ($) Unit Poly Sheeting * 1 Square Foot Health and Safety Equipment: Altair 4 Monitor 10/100 Day/Month Half-face/Full-face Respirators 20 Day Personal H2S Monitor 5/50 Day/Month Respirator Cartridges 10 Each Tyvec Coveralls 5 Each Nuclear Gauge 50/250 Day/Week Hydrogeology Pumps: Centrifugal Trash Pump * 15 Day Grundfos Submersible Pump 25 Day Peristaltic Pump * 15 Day Whale Pump* 15 Day Indoor Air Quality Equipment: Bore scope 50 Day DryCalc DC -Lite Calibrator 25 Day Moisture Encounter ME -1 40 Day Protimeter Mini Moisture Meter 35 Day SKC Air Sampling Pump and Calibrator 15 Day TSI IAQ Calc Air Quality Meter 50 Day Zefon International Bio -Sampler Pump 50 Day Industrial Hygiene Equipment: CrowCon Gasman Meter — HF 25 Day CrowCon Gasman Meter — H2S 25 Day CrowCon Gasman Meter — SO2 25 Day CrowCon Gasman Meter — NH3 25 Day CrowCon Gasman Meter — CO 25 Day DC-10 Noise Calibrator 25 Day NoisePro DL 25 Day TES1350 Sound Level Meter 25 Day TSI VelociCalc/Micro Velometer 50 Day Walchek II Air Screening System 50 Day 229 SCS ENGINEERS FEE SCHEDULE (Continued) (Effective October 1, 2014 through November 16, 2017) Page 4 EQUIPMENT/FIELD SUPPLIES Landfill Gas Field Equipment Wellhead Blower on Skid Rate ($) Unit 15 45 Day Day Media Measurement Equipment: Conductivity Meter * 15 Day Draeger Air Screening System * 20 Day DO Meter* 15 Day GasTech Gas Meter 50 Day GEM Soil Gas Meter 125 Day Heath Porta FID II OVA * 50 Day Horiba U-10 Water Quality Meter 60 Day Oil/Water Interface Probe 25 Day pH Meter * 15 Day Temperature Meter * 15 Day Tier 2 Gauge 50 Day Turbidity Meter * 15 Day Water Level Indicator * 15 Day YSI Cond/Temp/Salinity Meter * 50 Day Miscellaneous Equipment: Absorbent Material 15 Cubic Foot Air Compressor 60 Day Camera 10 Day Cordless Saw 20 Day Generator 60 Day Global Positioning System (GPS) 45 Day Hammer Drill 15 Day Laser Level Surveying Package 75 Day Power Inverter 10 Day Regent Lighting* 5 Day Ryobi Drill 7 Day Silicon Tubing * 2 Foot �. Teflon Tubing * 4 Foot 230 SCS ENGINEERS FEE SCHEDULE (Continued) (Effective October 1, 2014 through November 16, 2017) Page 5 EQUIPMENT/FIELD SUPPLIES Rate ($) Unit Traffic Control Cones * 5 Day Transit Level Surveying Package 50 Day Tygon Tubing * 2 Foot Video Camera 50 Day Walky Talkys* 10 Day Soil Sampling Equipment: Hand Drill Auger System 25 Day Sampling Tube - Acrylic, SS 5 Day Slide Hammer * 10 Day Bar Punch 10 Day SS Bowls, Spoons, Scoops, etc. * 5 Day SS Hand Auger - Bucket, Dutch * 10 Day Water Sampling Equipment: QED Micropurge w/Flow Cell* Reusable Teflon Bailer/Lanyard * * = Included in standard sampling trailer rental. 200 5 Day Day 231 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and •etween INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and CDM SMITH INC. ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional .ervices relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and tilities- Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem:nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowled:ed, 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 secti• n 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to in rporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of curre t hourly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including c• ntractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence . • . • 55* 232 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles minimum combined single limit of $40000 5300,000 per occurrence and -pe owned vehid-des. . erg at a c. 7.4. All required insurance policies shall be placed with insurers licensed business in Florida and with a Best's rating of A_ VII or better. S. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the first written above. Consultant: (CDM Smith Inc.) By Printed name: Eric.). Grotke, P.E., BCEE Title: Vice President Date INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: oseph A. Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney • o do date 233 EXHIBIT 2 SCHEDULE OF HOURLY BILLING RATES CATEGORIES PROFESSIONAL SERVICES Senior Officer $220 Officer $210 Associate $200 Principal $195 Senior Professional $165 Professional II $130 Professional I $110 PROFESSIONAL SUPPORT SERVICES Senior Support Services: $120 Staff Support Services $85 FIELD SERVICES Senior Professional $105 Professional $80 PROJECT SUPPORT SERVICES Project Administration $85 These rates do not include other direct project expenses. All subconsultant and other dir project related expenses are subject to a minimum handling/administrative charge of 10 percent. RATES EFFECTIVE THROUGH DECEMBER 31, 2015 APPROVED AS TO SUFFICIENCY: 4"/"N144 Eric J. Grotke, P,E., BCEE Vice President ct a1563 R.tes.docx 234 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFE.SIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and 'etween INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and MASTELLER & MOLER, INC., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and tilities- Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem: nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowled ed, 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 secti. n 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inc.rporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of curre t hourly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 $300,000 per occurrence . • - • , ... 235 b. 7.2.3. Business Automobile liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $1987000 $300,000 per occurrence earil--faersenal owned vehicle:,. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of Az VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above, Consultant: MASTELLER & MOLER, INC. By Printe Title: INDIAN RIVER COUNTY By its Board of County Commissioners By name: 'arI H. Masteiler, PE, BCEE Peter D. O'Bryan , Chairman President Date _ J Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph A, Baird unty Administrator Approved as to form and legal sufficiency: / V f Dylan Reingold County Attorney 236 EXHIBIT "2" CONSULTANT'S BILLING RATE October 25, 2011 CONSULTANT: Mastelier & Moler, Inc. Employee Category Hourly Billing Rate Principal /Professional Engineer $175.00/hr. Professional Engineer $130.00/hr. Project Manager/Engineer $110.00/hr. CAD Draftsperson/Designer $ 90.00/hr. Project Field Representation (Inspector) $ 85.00/hr. Administrative $ 60.00/hr. Reimbursables Letter 81/2" 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 Note: During the life of this Agreement, Hourly Billing Rates may be negotiated to reflect Labor adjustments. [::(e Name Earl H. f/iasteller, PE, BCEE Title: President 237 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("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 W.F. McC. in and Associates, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional services elating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilitie -Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreeme maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify th rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the 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 section 4. Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inco a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hour! rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: t for a ade in billing r good parties of the porate billing a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence 238 b. 7.2.3. Business Automobile liability: owned, hired, and non -owned vehicles at a minimum combined single limit of 400,000 $300,000 per occurrence and--per-sanaI c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners W, F, McCain & Associates, Inc. By By Printed name: William F. McCain, P.E, LEED AP Peter D, ('Bryan , Chairman Title: President/Principal Engineer Date .4�/ Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: eph A, Baird unty Administrator Approved as to form and legal sufficiency: ylan Reingold County Attorney 239 ,WI!ZIC. InnoN atis, SoitttioRs ill C. IN irCrliiilUnt ii .1,nioeerin!;,, Ser.\ iC(2:3 PrIryLnpal J1ti. 1 36.01.; per hour Senior Er i2C;MO per hu: Senior St rUCLUTa! Ellg:11'1CL7f 30.0i5 per hour Senior Tecimicitin S 90.00 per hour Constuud.ion Mar, LIC2;121TIC*. .1:1 10.00 per hour Corl,s',ructiorl fr.soeetor ',-)0.00 per hour AdratS 45.00 per hour 240 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and between NDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Knight, McGu re and Associates, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional services elating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilitie -Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreeme t for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if ade in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify the billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth:r 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 section 4. of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inco porate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hour) billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including con liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence 111 ractual 241 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $4007000 S300,000 per occurrence ewffeel-Yeklic-tes, c. 7.4. All required Insurance policies shall be placed with insurers licensed o do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners ni!ht MCGuir- & Associates Inc. By Printed name: David S. Knight, P.E. Title: CEO Date September 19, 2014 By Peter D. O'Bryan , Chairman Date Approved by BCC; Attest: Jeffrey R. Smith, Clerk of Court an Comptroller By Deputy Clerk Approved: seph A. aird ounty Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 242 Knight, McGuire & Associates, Inc. Consulting Engineers and Planners 80 Royal Palm Pointe, Suite 401 Vero Beach, Florida 32960 David S. Knight, P.E. Scott B. McGuire, P.E. Phone: Fax: Knight, McGuire & Associates, Inc. Standard Provisions for Professional Services (772) 5 (772) 5 • • 9-5505 9-1455 Rate Schedule Knight, McGuire & Associates, Inc. reserves the right to make adjustments for individuals within these clas may be desirable in its opinion by reason of promotion, demotion, or change in wage rates. Such adjustm limited to the manner in which charges are computed and billed and will not, unless so stated in writing, a of an agreement, such as estimated total cost. The following rates will apply to actual time devoted by Kni Associates, Inc. staff to this project computed to the nearest 1/4 hour. Personnel Principal Senior Engineer Engineer I Project Manager Engineer II Computer Designer Computer Draftsman Technician Inspector Clerical Hourly Rate $175.00 $125.00 $110.00 $110.00 $ 90.00 $ 80.00 $ 70.00 $ 60.00 $ 60.00 $ 45.00 Government Rate $157.50 $112.50 $ 99.00 $ 99.00 $ 81.00 $ 72.00 $ 63.00 $ 54.00 $ 54.00 $ 40.50 Prints/Copies 8'/z" x 11" 8'/2" x 14" 11" x 17" 24" x 36" 24" x 36" Mylar ifications as nts will be ct other terms ht, McGuire & Rate .15/Sheet .18/Sheet .20/Sheet 2.00/Sheet 0.00/Sheet Terms 1. Invoices - Invoices will be provided on a monthly basis and will be based upon percentage of comple ion or actual hours, plus expenses in accordance with the Proposal. Payment is due to Knight, McGuire & Associa es, Inc. upon receipt of the invoice. Unpaid balances beyond 15 days are subject to interest at the rate of 1.5% per month. This is an annual percentage rate of 18%. 2. Confidentiality - Technical and pricing information in this proposal is the confidential and proprietary property of Knight, McGuire & Associates, Inc. and is not to be disclosed or made available to third parties withou written consent of Knight, McGuire & Associates, Inc. 3. Commitments - Knight, McGuire & Associates, Inc. cannot be liable for schedule of approvals or per its due to the unpredictable nature of jurisdictional agencies processes. 4. Expenses - Incidental expenses are reimbursable at cost, plus an administration fee of 10%. These nclude sub - consultants, application fees, reproduction, postage, graphics, reimbursement of automobile usage at $.48 per mile, parking and tolls. If it becomes necessary during the course of this project to travel elsewhere, those travel costs will be treated as reimbursable expenses. These expenses will be reflected in the monthly invoices. 5. Attorney's Fees - In connection with any litigation arising from the terms of this agreement, the prey: iling party shall be entitled to all costs including reasonable attorney's fees including both the trial and appellate level - 6. Ownership and Use of Documents - All original drawings and information are to remain property of Knight, McGuire & Associates, Inc. The client will be provided with paper copies of final drawings and/or reports for in • rmation and reference purposes. 7. Insurance - Knight, McGuire & Associates, Inc. will maintain at its own expense Workman's Compe sation Insurance, Comprehensive General Liability Insurance, Professional Liability, and Errors and Omissions Insurance, and, upon request, will furnish the client a certificate to verify same. 8. Termination - This agreement may be terminated by the authorized representative effective immedi-tely on receipt of written notice. Payment will be due for services rendered through the date of written notice is recei ed. 9. Time Limit - This proposal is valid for 60 days. Rates shown above are subject to annual review an • are subject to change. 10. Engineer reserves the right to stop work without notice if any invoices remain unpaid after fifteen (15) days. 11. Liability- Knight, McGuire & Associates, Inc. shall not be responsible for permitting and approval sc edules, site safety procedures or precautions for property or person, liability shall be limited to the total fee receiv •d by Engineer for this project. Knight, McGuire & Associates, Inc. shall not be liable for construction methods, sche ule, means, techniques, sequences, procedures, or cost estimates. Knight, McGuire & Associates, Inc.'s propos I for work has considered the risks and rewards for the project and our engineering fees. 12. Approvals not guaranteed. 13. Additional fees may be required due to significant project changes predicated by either owner or jurisdictional agencies. 243 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFES CONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and between NDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Carter Associat:s, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Con inuing Contract Agreement for Professional Services to provide certain professional services elating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreeme t for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if ade in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify th billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth=r 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 section 4. of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to inco porate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hourl billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including con ractual liability and independent contractor, with a minimum combined single limit of $300,000 per occurrence 111 244 b. 7.2,3, Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $100,008 $300,000 per occurrence and persona awned -Yell -Wes. c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners By 1 By Printed name: itm 4—h etc Peter D. O'Bryan , Chairman Title: Ort,�,c,joa1 /5ecnet K? Date Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: f�. seph A, Baird aunty Administrator Approved as to form and legal sufficiency: n Reingold County Attorney date 245 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 2Ist STREET • V'ERO BEACH. FLORIDA 32960-3472 • 772-562-4191 0 772-562-7180 (FAX) JOHN II. BLUM, P.E., PRINCIPAL DAVID E LIJETHIE, P.S.M. PRINCIPAL GEORGE A. SIMONS, P.E., PRINCIPAL PATRICK S WALTHER, P.E., PRINCIPAL MARVIN E. CARTER, P.S.AM, Conwdan, to the Fin" DEAN F. LUETHJE, P E (ti wx rC'onatltan to the Firm CARTER ASSOCIATES, INC. JANUARY 2014 RATE SCHEDULE FRANK S. CUCCURESE, P S.hl CLINTON J. RAHIES P.E STEVE D. SNOBERGEP E Staff Type/Cost Type R = to Engineer (Registered - Principal) $150.00 r. Engineer (Registered - Senior Consultant) $140.00 r. Engineer I (Registered) $140.00 r. Engineer II (Registered) $125.00 r. Engineer III (Registered) $110.00 r. Engineer III — EIT $100.00 r. Engineer Technician (Senior) $105.00 r. Surveyor (Registered - Principal) $150.00 hr. Surveyor (Registered - Senior Consultant) $140.00 r. Surveyor II (Registered $125.00 hr. Surveyor III (Registered) $100.01 hr. Survey Crew (4 Men) $143.01 r. Survey Crew (3 Men) $130.0'/hr. Survey Crew (2 Men) $120.0s/hr. GPS RTK Survey Crew (3 Men) $150.0s/hr. GPS RTK Survey Crew (2 Men) $135.01/hr. CADD Technician I $ 80.1 I/hr. CADD Technician II $ 70.01/hr. Secretary/Word Processor $ 45. S 1 /hr. Inspector $ 62.01 hr. Recording and Permit Fees Cost + 0% Materials i ost Mileage IRS Standard " ate Sub -Consultants Cos+ 10%t Reimbursables Expenses: Postage & Shipping, Printing, etc. ost Blueprints 25' /SF Mylar $1.7 /SF Copies (8.5" x 11") 15¢/.;ach Copies (8.5" x 14") 25¢/ ach Copies (11" x 17") ectt-7( toaltif2-t 35¢/each (AI Serving Florida Since 1 9 11 246 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and b tween INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and NEEL-SC AFFER, INC., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional •ervices relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and tilities- Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreeme t for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if ade in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify th billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth valuable consideration, the receipt and sufficiency of which are hereby acknowled parties agree as follows: 1. The above background recitals are true and correct and are incorporated herein. r good ed, the 2. EXTENSION TERM. The County hereby extends the Initial Term set forth in sectio 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to ince a Revised Exhibit 2, attached to this Amendment, describing the schedule of curren billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: rporate hourly a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 $300,000 per occurrence * *1* 247 b. 7,2,3. Business Automobile Liability: owned, hired, and non -owned vehicles minimum combined single limit of $4807000 $300,000 per occurrence a �e at a owned -vehicles. c. 7.4. All required insurance policies shall be placed with insurers licensed business in Florida and with a Best's rating of A_ VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of th first written above. Consultant: NEEL- C,AFFEI C. Printed name: Mehran (Ron) Beladi Title: nice -President Date September 19, 2014 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan , Chairman Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller B Deputy Clerk Approved: Joseph A, Baird County Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney to do date 248 REVISED EXHIBIT -2 NEEL-SCHAFFER, INC. LABOR RATES INDIAN RIVER COUNTY PROFESSIONAL SERVICE CONTRACT PUBLIC WORKS, SWDD, UTILITIES -MAJOR AND UTILITIES MINOR PROJECTS RFQ NO. 2011054 The following is our information regarding overhead multipliers and personnel hourly rates for projects with Indian River County. These rates will be used throughout the duration of the Contract. Base Rate 1.00 Overhead & Fringe Benefits- Home Office 1.588 Subtotal 2.588 Profit (12%) 0.297 Overall Multiplier 2.884 Individual classification for personnel hourly rates are as follows: Staff Classification/Titles 3 -year Contract Extension Avg Overall Multiplier Basic Hourly Rate P-10/9 Sr. Director/Principal $82.36 2.884 P-9/10 Sr. Consultant $77.73 2.884 P-7/8/9 Sr. Engineer Manager (PM) $77.65 2.884 P-6/7/8 Sr. Project Engineer $73.21 2.884 P-6/7/8 Sr. Professional/Design Manager $70.76 2.884 P-5/6 Professional IV- Site Engineer $56.83 2.884 P-4/5 Professional 111 $46.78 2.884 P-3/4 Professional 11 $40.36 2.884 P-1/2/3 Professional 1 $34.15 2.884 T-6 Technician Supervisor- Const. RPR $42.46 2.884 T-5 Sr. Designer $38.93 2.884 T-4/5 Designer $32.39 2.884 T-3/4 Sr. Technician $30.78 2.884 T-1/2/3 Technician $27.20 2.884 A5/4 Project Admin Assistant $27.27 2.884 A4/3/2 Administrative/Clerical $23.78 2.884 We hereby certify that the above -listed rates are true and correct. Rates are weighted average for the term of a five year contract. Mehran (Ron) Beladi, Vice President Neel -Schaffer, Inc. ', 201y (Date) illin: Rate $237.56 $224.19 $223.95 $211.14 $204.10 $163.92 $134.91 $116.41 $98.49 $122.45 $112.28 $93.41 $88.76 $78.44 $78.65 $68.59 249 REVISED EXHIBIT -2 NEEL-SCHAFFER, INC. FEE QUOTATION PROPOSAL INDIAN RIVER COUNTY PROFESSIONAL SERVICE CONTRACT PUBLIC WORKS, SWDD, UTILITIES -MAJOR AND UTILITIES MINOR PROJE RFQ NO. 2011054 Out of Pocket and Miscellaneous Expenses The following is our information regarding out of pocket and/or miscellaneous expenses for projec with Indian River County. These rates will be used throughout the duration of the Contract. Expense Item Unit Price Unit 1. Reproduction & Assembly Charges 8.5X11 B&W paper Copies $ 0.05 per sheet 8.5X14 B&W Paper Copies $ 0.12 per sheet 11X17 B&W Paper Copies $ 0.20 per sheet 8.5X11 Color Copies $ 0.69 per sheet 81/2X14 or 11X17 Color Copies $ 0.95 per sheet Oversized B&W copies $ 1.00 per square Ft. Computer Disk Copy $ 2.50 per CD copy GBC Report Binding $ 2.50 per copy Screw Post Report Binding $ 1.50 per copy 3 -Ring Report Binding $ 8.00 per copy Plastic coil Report Binding $ 6.00 per copy Section Tabs/Dividers $ 1.50 per copy Plastic Pockets (81/2"X11") $ 1.00 Each Plastic Laminate (81/2"X11") $ 3.00 Each Full -Size Blue/Black print $ 0.78 per sheet 1/2 size Blue/Black print $ 0.50 per sheet 1/2 -Size B&W Bond Computer Plots $ 4.00 per sheet Full -Size B&W Bond Computer Plots $ 8.00 per sheet 1/2 size Color plot $ 18.00 per sheet Full size Color plot $ 40.00 per sheet 1/2 size print lamination on presentation board $ 35.00 per Board Full size print lamination on presentation board $ 65.00 per Board 1" 3 -Ring Binders $ 4.00 Each 2" 3 -Ring Binders $ 5.00 Each 3" 3 -Ring Binders $ 7.00 Each 2. Overnight Package & Courier Service 1 Ib. or less $ 25.00 1 Ib. to 5 lbs. $ 35.00 More than 5 lbs. $ 3. Other Project Related Supplies and Materials 4. Health & Safety Supplies (H&S) $ 1.25 per package per package At cost At cost per labor hour CTS 5 250 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROF SSIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwe: n INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and MBV Engi eer, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.05., Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilit es -Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three year C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreement for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified i made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, t e 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 section .1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to incrporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hou ly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of X00,000 $300,000 per occurrence .... 251 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $4007000 5300,000 per occurrence c. 7.4. All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A: VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of th date first written above. Consultant: (insert name) By Printed name:..4i-i-.4 Title: V.p. Date INDIAN RIVER COUNTY By its Board of County Commissioners By. Peter D. O'Bryan , Chairman Date Approved by BCC: Attest:leffrey R. Smith, Clerk of Court an Comptroller By Deputy Clerk Approved: 4;) seph A, : aird unty Administrator Approved as to form and legal sufficiency: Dylan Reingoid County Attorney 252 IUMBV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES -nbveng.com CA #3728 September 22, 2014 Mr. Arjuna Weragoda, P.E. Capital Projects Manager IRC Department of Utility Services 1801 27th Street Building A Vero Beach, FL 32960 Subject: Professional Engineering Fees Dear Mr. Weragoda: The following is a list of our hourly billing rates Principal / Sr. Engineer II Sr. Engineer I Jr. Engineer Sr. Technician/ Sr. Inspector Jr. Technician/ Jr. Inspector Administrative II Administrative I If you should have any questions, please call. Sincerely, Aaron Bowles, P.E. Vice President AB/jb as per your request: $175 Per Hour $150 Per Hour $130 Per Hour $115 Per Hour $ 90 Per Hour $ 80 Per Hour $ 60 Per Hour 1835 20th Street Vero Beach, FL 32960 772.569.0035 Fax: 772.778.3617 1250 W. Eau Gallie Blvd., Suite L Melbourne, FL 39235 321.253.1510 Fax: 321.253.0911 806 Delaware Avenue Ft. Pierce, PL 34950 772.468 9055 Fax: 772.778.3617 253 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROF SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwee RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Kimley- Associates, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.05 Statutes, on November 15, 2011, the COUNTY and Consultant entered into a C Contract Agreement for Professional Services to provide certain professional service to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utiliti systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years SSIONAL INDIAN orn and , Florida ntinuing relating s -Minor C. Per section 4.1 of the Agreement, COUNTY had the option to extend the AgreemEnt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify t e billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and of er good valuable consideration, the receipt and sufficiency of which are hereby acknowledged, th 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 section 4 Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to incc a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hour rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: 1 of the rporate y billing a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $1100,080 $300,000 per occurrence . • . _ , .... 254 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of X9,000 $300,000 per occurrence and 1:1ersonal owned vehicles. c. 7.4. All required insurance policies shall be placed with insurers license¢t to do business in Florida and with a Best's rating of A_ VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioner$ By Printed na ,,,o." Title: d4 - Date lv)/0/ By Peter D. O'Bryan , Chairman Date Approved by BCC: Attest:Jjeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: 00- oseph A. Baird ounty Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney 255 • ® Kimley >>> Horn EXHIBIT "2" KIMLEY-HORN AND ASSOCIATES, INC. JULY 2014 RFQ NO 2011054 — CONTINUING CONTRACT CONSULTING SERVICES FOR PUBLIC WORKS, SWDD, UTILITIES MAJOR AND UTILITIES MINOR PROJECTS SCHEDULE OF HOURLY RATES Effective July 1, 2014, the following rates are utilized in calculating invoices for services: Category Rate Principal $195.00 - $225.00 Senior Professional $155.00 - $212.00 Registered Professional $98.00 — $155.00 Professional 2 $95.00 — $125.00 Professional 1 $85.00 — $110.00 Designer $105.00 — $130.00 Sr. Support Staff $65.00 — $85.00 Support Staff $52.00 — $71.00 EXHIBIT 2 2014 Hourly Rates.docx 256 EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFE SIONAL SERVICES ("Amendment") is entered into as of this day of , 2014, by and betwee INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and Ecotech Consults ts, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055 Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Co tinuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utiliti-s-Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreem-nt for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if ade in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify th billing rates and the insurance requirements set forth in the Agreement. NOW THEREFORE, in accordance with the mutual covenants herein contained and oth-r 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 section 4 1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to incrporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hour y billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $11007000 $300,000 per occurrence . • . - - , 257 b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicle minimum combined single limit of $i90,000 $300,000 per occurrence owneeelvelk-1 s. c. 7.4. All required insurance policies shall be placed with insurers licensed business in Florida and with a Best's rating of A: VII or better. S. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of th first written above. Consultant; (insert name) By e-�!'r Printed name: C.E. iindeli, Jr, Title: President Date 01 October 2014 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O`Bryan , Chairman Date Approved by BCC: Attest:Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: ephA, =:ird unty Administrator Approved as to form and legal sufficiency: Dylan Reingold County Attorney at a to do date 258 • • C.E. Swindell, Jr. Bill Lynch Tom Tessier Wendy Swindell Laura Craig Daniel Hammond Sr. CAD/GIS CAD/GIS Ecotech Consultants, Inca HOURLY RATES $95.00 $225.00 $100.00 $150.00 $105.00 $148.00 $115.00 $75.00 05 OCT 2-014+ 259 • • EXTENSION AND AMENDMENT OF CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES THIS EXTENSION AND AMENDMENT to CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("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 Bridge Design Associates, Inc., ("Consultant"). BACKGROUND RECITALS A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, on November 15, 2011, the COUNTY and Consultant entered into a Continuing Contract Agreement for Professional Services to provide certain professional services relating to Public Works, Solid Waste Disposal District (SWDD) Utilities -Major and Utilities -Minor systems (the "Agreement"). B. Per section 4.1 of the Agreement, the initial term of the Agreement was three years. C. Per section 4.1 of the Agreement, COUNTY had the option to extend the Agreement for a maximum of three years. D. Per section 10.2 of the Agreement, the terms of the Agreement may be modified if made in writing and signed by the Consultant and COUNTY; and E. Both the COUNTY and Consultant wish to both extend the Agreement and modify the billing rates and the insurance requirements set forth in the Agreement. 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 section 4.1 of the Agreement until November 16th, 2017. 3. HOURLY BILLING RATES. Section 1.5 of the Agreement is hereby amended to incorporate a Revised Exhibit 2, attached to this Amendment, describing the schedule of current hourly billing rates. 4. INSURANCE. Section 7.2 of the Agreement is hereby amended as follows: a. 7.2.2. General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $4097000 $300,000 per occurrence 1 111 260 • • • b. 7.2.3. Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of X00,000 $300,000 per occurrence owned vehic-des. c. 7.4. All required insurance policies shall be placed with Insurers licensed to do business in Florida and with a Best's rating of A_ VII or better. 5. All other provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) INDIAN RIVER COUNTY By its Board of County Commissioners BR DGE D _ • IGN ASSOCIATES INC. By Pr19(ed name: Brian C. Rheault Title: President Date q/9/Zo/ By Peter D. O'Bryan , ,Chairman Date Approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved: seph A. Baird ounty Administrator Approved as to form and legal sufficiency: Dylan Reingoid County Attorney 261 INDIAN RIVER COUNTY Task Order Basis - Fee Schedule BRIDGE DESIGN ASSOCIATES, INC. 1402 Royal Palm Beach Blvd., Building 200 Royal Palm Beach, Florida 33411 Contact: Brian C. Rheault email:bridgebbdAaol.col» Phone: (561) 686-3660 F (561) 791-1995 Firm Name BRIDGE DESIGN ASSOCIATES, INC. Chief Engineer / BCR 195.00 Project Manager / JRB 185.00 Project Engineer / TAD 92.00 Engineer / Engineer Intern / LAK - CBL 80.00 Designer / TSS 73.00 CADD / Computer Technician 93.00 Brian C. Rheault, President Date 9/1115-- S:\PERSONNEL\Kim\Certifications RFP - RFQ - Presentations\Indian River County Annual 2014\rate schedile signed.wpd 262 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: October 27, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal Distri Subject: Request for a Public Hearing for a SWDD Ordinance Update BACKGROUND: On April 8, 2014, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 1 to Kessler Consulting, Inc. (KCI), for Solid Waste procurement services as our current franchise agreements expire on September 30, 2015. Staff has met with the County Attorney and requested a review and update to the SWDD ordinance to clarify the procurement process and to make it consistent with the County's Purchasing Manual. The County Attorney has drafted this ordinance which is attached. Therefore, staff recommends that the SWDD Board authorize a public hearing for this ordinance on Tuesday, November 18, 2014. The reason for setting the public hearing so soon is that we need the ordinance updat issuing the procurement documents. Staff will be bringing key elements of the pro process to the SWDD Board for review and input at a future meeting. The plan is to documents prior to the end of this year in order to have franchise agreement(s) in plac expiration on September 30, 2015. d before u rement ssue the prior to RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve the advertisement for a Public Hearing on Tuesday, November 18, 2014 for a SWDD ordinance update to clarify the procurement process for the SWDD collection franchise agreement(s). ATTACHMENT: 1) Draft SWDD Ordinance Update APPROVED FOR AGENDA: By: 1 , ,0` /Joseph' . Baird, County Administrator l3" For: 7, i; -e ;I.I:: Date SWDD Agenda - Request for a Public Hearing for a SWDD Ordinance Update Indian River Co. Approved Date Administration �y i�/3, , i Budget 1., 101244 Purchasing0 Legal t2 K3 f Zsl�i SWDD //; l '/t1 t6121/1 Page 1 263 ORDINANCE NO. 2014 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 204.12 "STANDARDS FOR FRANCHISE ISSUANCE" AND SECTION 204.15 "FRANCHISE RENEWALS" OF CHAPTER 204 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "SOLID WASTE DISPOSAL" TO REQUIRE THE APPLICATION PROCESS TO BE CONSISTENT WITH THE REQUEST FOR PROPOSAL PROCESS; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1. Amendment of Chapter 204 (Solid Waste Disposal). Sections 204.12 and 204.15 of Chapter 204 of the Code of Indian River County, are hereby amended to read as follows (added language is underlined, and language noted by strikethrough): Section 204.12. — Procedure Standards for franchise issuance. lorida eleted (a) Upon receipt of the application, the director shall review the applisatioi and the application, he shall forward the application to the district board 'or its with at least ten (10) days' advance written notice of the time and place for such meeting. At tho district board meeting it shall be the applicant's burden to - - - - - - - : The district board may accept applications for one or more franchise areas in the County. The district board shall approve an application or applications for a franchise in a manner consistent with the Request for Proposal process set forth in the policies and procedures manual prepared pursuant to Section 105.06 of the County Code. The district board may include process requirements for applications in addition to those set forth in the policies and procedures manual prepared pursuant to Section 105.06 of the Qounty Code. The evaluation criteria must at a minimum include the following: 1 264 ORDINANCE NO. 2014- e ar rvic part, (1) The applicant's collection vehicles and equipment are sufficient to pi.ovidr adequate and reliable service; (2) The applicant and its employees have sufficient technical experien to ensure the timely, reliable, and effective delivery of the s proposed by the applicant; (3) The applicant has the financial resources and other characteristics ensure the timely, reliable, and effective provision of the services propos by the applicant; and The all of the requirements of this (1) applicant will strictly comply with and The is in the interest. (5) applicant's proposal public .. - . -: :. •- ._•.••-•:atien the director, the information by the and other interested of and presented public Section 204.15. - Franchise renewals. (a) The district board shall renew a franchise in a manner consistent with the terms set forth in the franchise agreement and if necessary, follow the Request for Proposal process set forth in the policies and procedures manual prepared pursuant to Section 105.06 of the County Code. Except forth in 204.13.1 each franchise issued hereunder as set section above, later than days to the expiration date of the the county not ninety (90) prior nd es (c) The district board, in its discretion, may grant a franchise renewal or extension 2 0 d 265 ORDINANCE NO. 2014- (d) No franchise shall be renewed by the district board unless the district board Section 2. Severabilitv. If any part of this ordinance is held to be in unconstitutional by a court of competent jurisdiction, the remainder of this ordinan not be affected by such holding and shall remain in full force and effect. Section 3. Codification. It is the intention of the Board of County Commission the provisions of this ordinance shall become and be made part of the Indian River Code, and that the sections of this ordinance may be renumbered or re -lettered word ordinance may be changed to section, article or such other appropriate phrase in order to accomplish such intention. Section 4. Effective Date. This ordinance shall become effective upon filing Florida Department of State. This ordinance was advertised in the Vero Beach Press Journal on the , 2014, for a public hearing to be held on the day of 2014, at which time it was moved for adoption by Comm , seconded by Commissioner and adopted by the following vote: Commissioner Wesley S. Davis Commissioner Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari alid or e shall rs that County nd the ord or vith the day of ssioner The Chairman thereupon declared the ordinance duly passed and adopted thi- day of , 2014. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BOARD OF COUNTY COMMISSI • NERS INDIAN RIVER COUNTY, FLORID B Approved as to form and legal sufficiency: By: By: Deputy Clerk 3 ylan Reingold, County Attorney , Chairman 266 ORDINANCE NO. 2014 - EFFECTIVE DATE: This ordinance was filed with the Florida Department of Stat day of , 2014. 4 on the 267 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: October 27, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal Distri Subject: Amendment No. 5 to Republic Services for the Closing of Winte Customer Convenience Center BACKGROUND: On September 23, 2014, the Indian River County (IRC) Solid Waste Disposal District (SW D) Board approved the 2014 Solid Waste Master Plan (SWMP) update which outlined steps to improve efficiency, reduce costs and increase recycling in Indian River County. As part of the SWM update, the SWDD Board approved staff recommendation to shut down the Winter Beach ustomer Convenience Center (CCC) by December 31, 2014 and negotiate with Republic Services on the reduction in costs. Republic Services, under the Non -Class 1 Landfill Services portion of our Solid Waste O erations and Maintenance contract, provides for the management of the five Customer Con enience Centers and ancillary services at the landfill for an annual cost of $2,902,186.00 for he 2014 calendar year. ANALYSIS: As part of the 2014 Solid Waste Master Plan (SWMP) update, it was identified that the CC 's bring in approximately 10% of the overall waste and 6% of the recycling received at the land ill while costing 30% of the overall SWDD budget. This low tonnage high cost scenario is what p ompted staff to recommend shutting down the Winter Beach CCC as it received the lowest tonna a out of the five CCC's and it was in close proximity to the other CCC's. The SWMP update also included an analysis by our consultant, Kessler Consulting, Inc. (KC ), which approximated a saving of $200,000 to $300,000 per year for the closing of the Winter Be ch CCC. This estimate is consistent with the financial scenarios evaluated by staff. In addition, a having of $500,000 would be realized in avoided capital improvements to the center. Staff met with Republic Services on October 15, 2014 and on October 23, 2014 to discuss the proper closing of the site and negotiate a reasonable cost savings to SWDD. Republic Services offered to work with the County in ensuring that closure is smooth and help us in communicating the closure to the public. They did raise a concern that the tonnages would be diverted from the Winter Beach CCC to another CCC but appreciated our plans to reach out to the public to increase SWDD Agenda - Amendment No 5 to Republic Services for Closing of Winter Beach CCC Page 1 268 subscription service in the area. Based on our meeting, Republic Services has offered a $250,000 per year savings to SWDD for the closing of the Winter Beach CCC. In terms of our communication plan, staff has met with Waste Management wh provides subscription service in the area and they have committed to sending out a direct ma ler to the residents in the Winter Beach area. Staff has also worked with our marketing rep Nicolace Marketing, to develop the attached notification which we will start passing out at the site and to post it on the County's website. Staff recommends approval of an amendment to Republic's contract to modify the scope of work of the annual Non -Class I Landfill Services to remove the operations and maintenance s rvices for the Winter Beach CCC and provide an annual savings of $250,000 per year starting J nuary 1, 2015. Factoring an annual Consumer Price Index (CPI) adjustment, the 2015 calendar ye r fee will be reduced from $2,938,539 to $2,688,539. ACCOUNT INFORMATION: Funding for the SWDD Non -Class 1 landfill services is budgeted and available in tia SWDD recycling account which is funded from SWDD assessments and user fees. DESCRIPTION ACCOUNT NO. AM OUNT Contractual Services - Republic Services, LP — Non -Class 1 Landfill Services 411-25534-033489 -$250,000.00 Total = -$250,0 00.00 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve the distribution of the Public Notification for the Closing of the Winter Beach CC. b) Approve the Fifth Amendment to Republic Services landfill contract for the Closin of the Winter Beach CCC and to reduce the annual contract by $250,000. c) Authorize the Chairman to execute the attached agreement. ATTACHMENT: 1) Public Notification for the Closing of the Winter Beach CCC. 2) Letter to/from Republic Services. 3) Fifth Amendment to Contract Agreement between SWDD and Republic Services, LP APPROVED FOR AGENDA: By: (72)�` . &bq9 Joseph A. Baird, County Administrator i Date SWDD Agenda - Amendment No 5 to Republic Services for Closing of Winter B Indian River Co. A.•roved Date Administration t," i'e 11 / Budget I 10(2. 1(4 Purchasing �•r-- legal (b) 11 Ie C2 Ill SWDD C tiv_H) I SWDD Rage 2 269 270 § 8 G E Q 144-4 at t-0 7r§ % * $ w N H 4 �� / \ « , 'ct / 00P4 44n\ y ? c Q / ..la U '\ j P 2 U / tu • ƒ / °. / u VZ } , L) - / S , / . Your options for «aste disposal include: 0\- & .2 0 7 - •E ^ ` ct _ u/ \ )\ \ r r 0 .. as \ -» » . 2 \ &./ \ \ / «�@w o g 8 \ \ a » / \ » % 0 U u E § \ - % § « _ _ _ _ $ \ \ ./ \ \ \ ( » CI.) / ,, Iii ? / el) � / § » k 4- c.) / o (0 'e / 2 2 \ = 2 a./ \ \ \ § ct��$ dU / • a)\a\\ /B 2 Z [ § .•- ;/ \ %/a � & \ \ 5 ICI 3 4270.1 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Landfill / Administration / Recycling 1325 74th Avenue SW Vero Beach, FL 32968 Phone: 772-770-5112 Fax: 772-770-5296 September 30, 2014 Scott Sterner General Manager Republic Services, Inc. 7329 7th Place North West Palm Beach, FL 33411 Reference: Dear Scott, 4., Ass 1� Vero Bea Phone: Fax: ssment Fees 0127th Street h, FL 32960 72-226-1300 72-226-1578 via email: ssterner@republicservices.com Indian River County Solid Waste Disposal District Request to Close Winter Beach Customer Convenience Center Solid Waste Operations and Maintenance Agreement On Tuesday, September 23, 2014, the Indian River County Solid Waste Disposal District (: approved staff recommendation to reduce solid waste operating costs by shutting dow Beach Customer Convenience Center by December 31, 2014. We are requesting to meet with you to discuss the impact of this change to our customers can help to ensure a smooth transition. Additionally, we need you to be prepared to p reduction which we will take to the Board as an amendment to our contract. The meeting has been set for Wednesday, October 15, 2014, at 2:00 PM in the County Ad office, 1801 27th Street, Vero Beach, FL, Building A. Please call or email if you have any questions. Sincerely, Himanshu H. Mehta, P.E., Managing Director Cc: Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services Jason E. Brown, Director of Budget & Management Dylan T. Reingold, County Attorney Michael Behr, Division Manager, Republic Services, Inc. Brian P. Fleming, Controller, Republic Services, Inc. Joanne Stanley, Municipal Services Manager, Republic Services, Inc. Ashlma Wild, Territory Sales/Municipal Relations, Republic Services, Inc. S. W. D. D., helping you 'Think Green, Live Green. Printed on Recycled Paper WDD) Board the Winter and how you ovide a cost ministrator's 271 ce, REPUBLIC SERVICES 3905 Oslo Road Vero Beach, FL 32968 (772) 562-6620 Himanshu H. Mehta Managing Director Indian River Solid Waste Disposal District 1325 74`x' Avenue SW Vero Beach, FL 32968 October 24, 2014 Dear Mr. Himanshu H. Mehta, We thank you for the opportunity to respond to your request for information regarding the cost reduction for the closure of the Winter Beach Customer Convenience Center (CCC). Republic Services is excited to partner with Indian River County to offer a safe and economical solution to solid waste and recycling collection and disposal. The Winter Beach CCC closure along with the Oslo CCC improvements will result in a cost savings of $250,000 annually. The savings will begin on 1/1/2015 after the closing of the Winter Beach site. Republic Services looks forward to a long term partnership with Indian River County. Best Regards, Scott Sterner General Manager Republic Services, Inc. 272 FIFTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE This Fifth Amendment to Contract Agreement ("Amendment") is entered into this day of , 2014 ("Effective Date") by and between INDIAN RIVER COUN Y SOLID WASTE DISPOSAL DISTRICT, a dependent special district of Indian River County, Florid :, whose address is c/o Department of Utility Services, 1801 27th Street Vero Beach Florida 32960 (hereinafter referred to as the "District" or "SWDD"), and Re.ublic Services of Florida Limited Partnership whose address is 3905 Oslo Road, Vero Beach, FL 32968, (hereinafter refer ed to as the "Contractor"), for the services set forth herein. BACKGROUND RECITALS: WHEREAS, the District and the Contractor entered into that certain Contract Agreeme t, dated January 1, 2011, as amended by the First Amendment to Contract Agreement, dated ebruary 7, 2012, as amended by the Second Amendment to Contract Agreement, dated April 2, 2013, as amended by the Third Amendment to Contract Agreement, dated November 12, 013, as amended by the Fourth Amendment to Contract Agreement, dated July 8, 2014 (the ontract Agreement and amendment together with all contract documents appended thereto is hereinafter referred to as the "Contract"), which provides for the professional o eration, management and post closure requirements of the Class 1 landfill at 1325 74th Avenue Southwest, Vero Beach, Florida (hereinafter `landfill"); for the operation and mainteiance of the landfill gas collection and control system (GCCS); the operation and maintenancle of the adjacent storm water management system and associated roads and the professional o eration and management of the non -Class 1 landfill portions of the Indian River County La dfill site including but not limited to the management of the Municipal Recovery Facility ( RF), the Small Load Drop-off Area, the Waste Tire Facility, the Metal Storage Area, the H usehold Hazardous Waste (HHW) Facility, Clean Concrete Storage Area and other maintenance ctivities as well as the off-site activities associated with the operations and maintenance of the five customer convenience centers including transportation and disposal service for eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special events; and WHEREAS, on September 23, 2014, the SWDD Board approved the closure of the Wint Customer Convenience Center by December 31, 2014 which is included in the above services for non -Class 1 landfill operations; and r Beach cope of WHERAS, on October 24, 2014, the Contractor offered a $250,000 annual savings for the closure of the Winter Beach Customer Convenience Center effective January 1, 2015; and WHEREAS, the parties desire to amend the Contract to reflect the change in services, 1 273 NOW, THEREFORE, in consideration of these premises, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, covenant and agree to amend the Contract as folows: 1. The background recitals are true and correct and form a material part Amendment. 2. The existing Article 1— SCOPE OF WORK of the Contract is modified as follows: of the ii) Customer Convenience Center Locations. The five (5) four (4) Customer Con enience Centers (CCCs) are located at Winter Betach (3955 65th Street), Roseland (78 0 130th Street), Gifford 14901 41st Street), Oslo (950 1st Place), and Fellsmere (1251 County Road 512). iii) Hours of Operation. The Indian River County Landfill shall be operational se'Yen days a week from 7 AM to 5 PM and the five four Customer Convenience Centers shall be operational five days a week from 7 AM to 6 PM with the exception of the follovrving five holidays: New Year's Day, Independence Day, Labor day, Thanksgiving D y, and Christmas Day. All CCCs are closed Wednesday's; Winter-Beacth, Roseland an Gifford CCCs are closed on Tuesdays whereas Oslo and Fellsmere CCCs are closed Thurs ays. 3. The second full paragraph on page 2 in Article 1 — SCOPE OF WORK of the Contract is deleted in its entirety and replaced with the following language: In addition, the Scope of Work under this contract shall include, but not limited to, the professional operation and management of the non -Class 1 landfill portiong of the Indian River County Landfill site including but not limited to the management of the Municipal Recovery Facility (MRF), the Small Load Drop-off Area, the Waste Tire Facility, the Metal Storage Area, the Household Hazardous Waste (HHW) Facility, Clean oncrete Storage Area and other maintenance activities as well as the off-site activities as ociated with the operations and maintenance of the four customer convenience cente s (Oslo, Fellsmere, Gifford and Roseland) including transportation and disposal service r eight (8) specific locations, up to twenty (20) roadway cleanup projects, and up to twenty (20) special events. The Contractor will provide trained and licensed staff, equipmet, fuel, insurance/bonding, and be responsiblefor paying utility costs. 4. The existing Article 3 — COMPENSATION of the Contract is modified as follows: ii) PAYMENT FOR OPERATION AND MAINTENANCE OF NON -CLASS 1 Lil\NDFILL OPERATIONS. Commencing January 1, 2011 2015, compensation to the Contractor for the operation and maintenance of Non -Class 1 landfill operations shall be Two Million, Six Hundred and Eighty Eight Thousand, Five Hundred and Thirty Nine Dollars ($2,688,539) per year, which includes the CPI adjustment effective January 1, 2015, invoiced on a lui'np sum 2 274 monthly basis and subject to an annual escalation as set forth in this (Contract during the term of this Contract. 5. All terms and provisions of the Contract not amended by this Amendment shall be and remain in full force and effect. 3 275 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed respective duly authorized officers as of the day and year first written above. Attest: (Owner) Jeffrey R. Smith, Clerk of Court and Solid Waste Disposal District Comptroller Indian River County, Florida By: Deputy Clerk Date Approved by SWDD: by their Approved By: Approved as to Form and Legal Sufficiehcy By: c rte` cf..l`"�7 Jpseph A. Baird, County Administrator Dyl�rt'T. Reingold, County Attorney ned, sealed, and delivered in the presence of: Print Name: Print Name: Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of Florida GP, Inc its General Partner Print Name: Print Title: 4 276