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04/15/2014
Emergency Agenda Item BCC AGENDA April 15, 2014 ITEM 14.D(1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 9, 2014 SUBJECT: All Aboard Florida (AAF) FROM: Commissioner Bob Solari All Aboard Florida is speeding down the tracks and I would like to give the Commission a brief update. Thank you. 250 PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2014 AS CHILD ABUSE PREVENTION MONTH WHEREAS, child abuse and neglect is a serious and growing problem affecting more than 3 million of our nation's children annually and over 110,000 in the state of Florida; and WHEREAS, this societal malignancy called child abuse and neglect respects no religion, class or geographical boundaries, and, in fact, has been declared a national emergency; and WHEREAS, CASTLE, the premier organization for the prevention of child abuse in Indian River County through their support of parent aid programs, parenting classes and educational programs and community service activities, is making significant progress in stopping this crime against our nation's and community's children and families. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the month of April, 2014, be designated as CHILD ABUSE PREVENTION MONTH in Indian River County, and urge all citizens to use this time to better understand, recognize and respond to this serious problem. Adopted this 15th day of April, 2014. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Wesley Davis, Vice Chairman ose • E. Flescher Bob Solari Tim Zor 1 PROCLAMATION RECOGNIZING NATIONAL PUBLIC SAFETY TELECOMMUNICATIONS WEEK WHEREAS, emergencies can occur at any time that require police, fire or emergency medical services; and WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Indian River County Sheriffs Office Dispatch Center; and WHEREAS, Public Safety Dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, Public Safety Dispatchers are a vital Zink for our police officers and firefighters by monitoring their activities, providing them with information, and ensuring their safety; and WHEREAS, Public Safety Dispatchers of the Indian River County Sheriffs Office have contributed substantially to the apprehension of criminals, suppression of crime and treatment of patients. They are knowledgeable and highly trained individuals who work closely with police, fire and medical personnel; and WHEREAS, each dispatcher has exhibited compassion, understanding and professionalism during performance of their duties in the past year; and WHEREAS, Indian River County Sheriffs Office Public Safety Dispatchers dispatched 219,131 calls for service for Law Enforcement and 23,821 for Fire Rescue in 2013. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board recognizes April 13 through April 19, 2014 as National Public Safety Telecommunications Week, in honor of the men and women whose diligence and professionalism keep our county and citizens safe. Duly adopted this 15th day of April 2014. BOARD OF COUNTY COMMISSIQNERS IN [31 RIVER COUNTY, FLORIDA Peter D. O'Bryan, ChairmanAr_ Wesley S. Dace Chairman seph Flescher Bob Solari Ti 2 PROCLAMATION DESIGNATING APRIL 1 THROUGH APRIL 30, 2014 AS WATER CONSERVATION MONTH IN INDIAN RIVER COUNTY WHEREAS, water is an essential commodity in which human life — and indeed all life on Earth depends; and WHEREAS, clean and sustainable water resources are vital to Indian River County's economy, environment, citizens and visitors; and WHEREAS, the State of Florida, Water Management Districts, and Indian River County are working together to increase awareness about the importance of water conservation; and WHEREAS, every business, visitor and resident can make a difference when it comes to saving water; and WHEREAS, Indian River County Utilities has always encouraged and supported water conservation efforts; and WHEREAS, the population served by Indian River County Utilities has increased over the past 3 years, yet the per capita consumption of those customers has decreased; and WHEREAS, water conservation is the easiest, and least costly approach at preserving our finite natural resource. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the month of April 2014, be designated as WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to use this occasion to increase their awareness of the importance of Water Conservation and the need to use Water more efficiently. Adopted this 15th day of April, 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Wesle Davi , ice Chairman seph E. Flescher Bob Solari 3 ?A 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: April 9, 2014 SUBJECT: Letter of Support for Investing in Manufacturing Communities Partnership Program The attached letter of support was provided for inclusion with the proposal requesting designation under the Investing in Manufacturing Communities Partnership program through the U.S. Department of Commerce Economic Development Administration. APPROVED AGENDA ITEM BY: c0_ F91 April 15, 2014 4 BOARD OF COUNTY COMMISSIONERS April 8, 2014 Secretary Penny Pritzker U. S. Department of Commerce 1401 Constitution Ave. NW Washington, DC 20230 Re: Investing in Manufacturing Communities Partnership (IMCP) Program Letter of Support for Eastern Florida Coast Proposal Dear Secretary Pritzker: On behalf of Indian River County Board of County Commission, 1 am pleased to offer support to the three -county Eastern Florida Coast (EFC) team submitting a proposal, led by the Economic Development Commission of Florida's Space Coast (EDC), for designation under the investing in Manufacturing Communities Partnership (IMCP) program through the U.S. Department of Commerce Economic Development Administration. The EFC IMCP region includes the Brevard, Volusia, and Indian River counties—a region that is well known for its legacy and contributions to Aerospace, Aviation, Electronics and Communications Industries. It is home to Harris Corporation, Northrop Grumman, Embraer, Piper Corporation, Spartan Corporation, the Florida Institute of Technology, Embry Riddle Aeronautical University, Kennedy Space Center, Cape Canaveral Air Force Station, the Navy's Strategic Weapons System Ashore, Patrick Air Force Base and a manufacturing base of top North American aerospace/aviation, navigation and measurement supplier firms. The region's leadership in commercial aviation, aerospace engineering and advanced manufacturing technology is not only our legacy, but also our strong hope for our economic future. Critical to this leadership is being home to much of the innovation that has enabled the industry to respond to competitive, economic, and regulatory challenges. As the EFC proposal demonstrates, we will build on the competitive advantages in the following manufacturing sectors: aircraft assembly and parts, avionics, navigation, electronics, payload processing, propulsion systems, guided missiles and air defense systems, rockets and spacecraft, UAS, and intelligence, surveillance, and reconnaissance. OFFICE OF THE COUNTY ADMINISTRATOR INDIAN RIVER COUNTY 1801 27`h Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 5 We support the EFC proposal which aims to create a supportive environment that will: Accelerate the innovation & resurgence of our manufacturing region Foster sustainable manufacturing careers Attract more global investment in our supply chains Advanced manufacturing is a matter of fundamental importance to the economic strength and national security of the United States, Advanced manufacturing provides high-quality career paths in the community and increases productivity. It is an important source of exports. It is a key source of technological innovation. It provides essential goods and equipment for the commercial markets, the military, the intelligence community, and homeland security agencies. The Indian River County Board of County Commission stands ready to invest in a manufacturing community partnership for the Eastern Florida Coast region. Sincerely, Jose.h A. Baird County Administrator Cc: Board of County Commission OFFICE OF THE COUNTY ADMINISTRATOR INDL4N RIVER COUNTY 1801 27`h Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 6 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: April 3, 2014 SUBJECT: APPROVAL OF WARRANTS March 28, 2014 to April 3, 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 March 28, 2014 to April 3, 2014. Attachment: DB: MS 7 CHECK NBR 310381 310382 310383 310384 310385 310386 310387 310388 310389 310390 310391 310392 310393 310394 310395 310396 310397 310398 310399 310400 310401 310402 310403 310404 310405 310406 310407 310408 310409 310410 310411 310412 310413 310414 310415 310416 310417 310418 310419 310420 310421 310422 310423 310424 310425 310426 310427 310428 310429 310430 310431 310432 310433 310434 310435 310436 310437 310438 CK DATE 3/28/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4'1;2014 4/1/2014 4/1'2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014. 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 CHECKS WRITTEN VENDOR AMOUNT RICK BAKER REALTY LLC 1,000.00 FEDERAL EXPRESS 27.50 FEDERAL EXPRESS 98.59 HAMPTON INN 119.00 CHERYL DOYLE 377.00 GRACES LANDING LTD 1,335.00 LINDSEY GARDENS APARTMENTS 1,124.00 RIVER PARK ASSOCIATES 306.00 CREATIVE CHOICE HOMES XVI LTD 990.00 TREASURE COAST HOMELESS SERVICES 383.00 PINNACLE GROVE LTD 630.00 VERO CLUB PARTNERS LTD 2,413.00 THE PALMS AT VERO BEACH 2.208.00 PELICAN ISLES LP 1,264.00 GHOLAMREZA TORKAMAN 739.00 INDIAN RIVER RDA LP 484.00 AIIS HOLDINGS GROUP LLC 1,339.00 DANIEL CORY MARTIN 1,035.00 ALCURT VERO BEACH LLC 3,040.00 WANELL DONNELLI 436.00 ORANGE COUNTY HOUSING & C D 1,807.28 ALL FLORIDA REALTY SERVICES INC 5,701.00 GERALD T CAPAK 260.00 CHERYL DOYLE 384.00 VERO BEACH EDGEWOOD PLACE (305-113) 658.00 GRACES LANDING LTD 8,499.00 MICHAEL JACKOWSKI 430.00 TERRY A LAWRENCE 62.00 LINDSEY GARDENS APARTMENTS 10,954.00 LINDSEY GARDENS APARTMENTS 2,430.00 BRYAN D BLAIS 1,186.00 RIVER PARK ASSOCIATES 15,536.00 RICHARD C THERIEN 550.00 CREATIVE CHOICE HOMES XVI LTD 2,548.00 DAVID YORK 526.00 ST FRANCIS MANOR OF VERO BEACH 572.00 CITY OF VERO BEACH 316.00 TREASURE COAST HOMELESS SERVICES 2,075.00 FLORIDA POWER AND LIGHT 168.00 IRC HOUSING AUTHORITY 525.00 FULCHINI ENTERPRISES INC 284.00 VENETIAN APARTMENTS OF VERO BEACH 871.00 HERMOSA PROPERTIES LLC 301.00 PINNACLE GROVE LTD 6,702.00 VERO CLUB PARTNERS LTD 17,025.00 CRAIG MERRILL 1,462.00 CHRISTINE SALTER 511.00 HAGGERTY FAMILY LTD 303.00 THE PALMS AT VERO BEACH 11,638.00 THE PALMS AT VERO BEACH 3,657.00 FELLSMERE COMM ENRICHMENT PROGRAM INC 83.00 HENRY 0 SPEIGHT 522.00 DAVID CONDON 590.00 HILARY MCIVOR 550.00 PAULA LANE 409.00 JOHN A CAPPELLO 418.00 TCG SONRISE Il LLC 427.00 PELICAN ISLES LP 4,399.00 CHECK NBR 310439 310440 310441 310442 310443 310444 310445 310446 310447 310448 310449 310450 310451 310452 310453 310454 310455 310456 310457 310458 310459 310460 310461 310462 310463 310464 310465 310466 310467 310468 310469 310470 310471 310472 310473 310474 310475 310476 310477 310478 310479 310480 310481 310482 310483 310484 310485 310486 310487 310488 310489 310490 310491 310492 310493 310494 310495 310496 310497 310498 CK DATE 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 VENDOR AMOUNT PELICAN ISLES LP 1,072.00 SUNCOAST REALTY & RENTAL MGMT LLC 7.422.00 OAK RIVER PROPERTIES INC 783.00 LAKELAND HOUSING AUTHORITY 280.76 MARILYN LEWIS 239.00 MICHAEL KANNER 619.00 AD & IN SERVICES INC 480.00 RICHARD JOHN KELLER 621.00 ADINA GOLDMAN 464.00 INDIAN RIVER RDA LP 315.00 GEORGE THUYNS 607.00 LAZY J LLC 399.00 SYLVIA MCNEILL 243.00 SKOKIE HOLDINGS INC 750.00 LILIAN N BEUTTELL 441.00 ROGER WINSLOW 500.00 TAMMY MEEKS 690.00 VINCENT PILEGGI 449.00 OSLO VALLEY PROPERTIES INC 737.00 VICKY L STANLEY 797.00 CORY J HOWELL 321.00 CHOICE RENTALS INC 825.00 WILLIAM JAMES STANGANELLI 394.00 THE CHARLES F FOWLER 1996 CIIARITABLE UNITRUS 793.00 OSCEOLA COUNTY SECTION 8 636.76 WYNN OWLE 569.00 WILLIAM NEUWIRTH 633.00 ANTHONY ARROYO 301.00 BRIGITTE BALL 532.00 AHS HOLDINGS GROUP LLC 4,332.00 COUNTY OF VOLUSIA HVC PROGRAM 638.76 YVONNE KOUTSOFIOS 388.00 ALAN R TOKAR 739.00 VILLAS OF VERO BEACH 486.00 BRIAN E GALLAGHER 500.00 MANUEL V CAMACHO SR LLC 728.00 HOUSING AUTHORITY 657.76 ALCURT VERO BEACH LLC 5,577.00 STEPHANIE WATCHEK FOUNTAIN ESTATE 273.00 FRANKLIN TODD & DEANA MARCHANT 542.00 MICHAEL STILES 485.00 BLTREJV3 PALM BEACH LLC 1,175.00 CARROLL CAUDILL JR 483.00 LINDA KAY SIIORT 442.00 VIOLET A LINDO 750.00 RACHEL G SIDMAN 465.00 SCOT WILKE 647.00 MARK BAER 1,058.00 CLEMENTS PEST CONTROL 620.00 PORT CONSOLIDATED INC 86,499.62 STURGIS LUMBER & PLYWOOD CO 35.49 FIRE EQUIPMENT SVC OF ST LUCIE INC 217.50 JORDAN MOWER INC 518.55 RANGER CONSTRUCTION IND INC 554.88 VERO CHEMICAL DISTRIBUTORS INC 552.55 COPYCO INC 112.25 CHISHOLM CORP OF VERO 3,540.29 VELDE FORD INC 345.74 RUSSELL CONCRETE INC 777.00 AT&T WIRELESS 284.95 9 CHECK NBR 310499 310500 310501 310502 310503 310504 310505 310506 310507 310508 310509 310510 310511 310512 310513 310514 310515 310516 310517 310518 310519 310520 310521 310522 310523 310524 310525 310526 310527 310528 310529 310530 310531 310532 310533 310534 310535 310536 310537 310538 310539 310540 310541 310542 310543 310544 310545 310546 310547 310548 310549 310550 310551 310552 310553 310554 310555 310556 310557 310558 CK DATE 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 VENDOR AMOUNT AT&T WIRELESS 2.600.40 DATA FLOW SYSTEMS INC 795.00 SEWELL HARDWARE CO INC 13.36 COLD AIR DISTRIBUTORS WAREHOUSE 1,427.50 KELLY TRACTOR CO 2,388.77 GENES AUTO GLASS INC 705.00 SAFETY KLEEN SYSTEMS INC 260.00 AMERIGAS EAGLE PROPANE LP 290.56 GAYLORD BROTHERS INC 141.98 HACH CO 1,172.35 HUSTONS COMMERCIAL INTERIORS 8,747.62 HD SUPPLY WATERWORKS, LTD 1,601.82 BOUND TREE MEDICAL LLC 201.16 SCHULKE BITTLE & STODDARD LLC 7,072.10 EGP INC 776.00 VERO INDUSTRIAL SUPPLY INC 336.80 FIRESTONE COMPLETE AUTO CARE 2,492.20 ECOLOGICAL ASSOCIATES INC 4,204.80 GENERAL PART INC 1,209.59 BAKER & TAYLOR INC 3.987.70 GROVE WELDERS INC 277.09 COMPUTYPE INC 570.50 MIDWEST TAPE LLC 579.89 MICROMARKETING LLC 28.00 K & M ELECTRIC SUPPLY 126.25 NEWSBANK INC 1,441.25 PALM TRUCK CENTERS INC 309.40 RELIABLE POLY JOHN 172.58 SUNSHINE SAFETY COUNCIL INC 1,875.00 VOCELLE & BERG LLP 210.00 CLERK OF CIRCUIT COURT 50.00 CLERK OF CIRCUIT COURT 2,389.80 INDIAN RIVER COUNTY HEALTH DEP"I' 72.87 CITY OF VERO BEACH 5,902.70 COMPBENEFITS COMPANY 194.28 COLONIAL LIFE & ACCIDENT INS CO 84.72 AMERICAN FAMILY LIFE ASSURANCE CO 15,439.04 HENRY FISCHER & SONS INC 725.00 CULTURAL COUNCIL OF IRC 16,137.50 INDIAN RIVER HABITAT 59.80 IRC CHAMBER OF COMMERCE 9,199.55 FEDERAL EXPRESS 36.01 DUNKELBERGER ENGINEERING & TESTING 6,671.25 DON LAWLESS 120.00 CALLAWAY GOLF SALES COMPANY 1,821.89 FLORIDA POWER AND LIGHT 32,126.15 PHILLIP J MATSON 43.61 GIFFORD YOUTH ACTIVITY CENTER INC 11,069.66 GAIL E FLINN 75.00 GLOBAL GOLF SALES INC 240.95 JOSEPH A BAIRD 561.72 JASON E BROWN 230.00 BUILDING OFFICIALS ASSOC OF FLORIDA 380.00 PROPERTY DAMAGE APPRAISERS 95.00 GERALD A YOUNG SR 90.00 GREY HOUSE PUBLISHING 233.05 RANGE ROAD MINE LLC 862.76 ALAN C KAUFFMANN 160.00 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 59.40 FLORIDA DEPT OF FINANCIAL SERVICES 14,338.46 10 CHECK NBR 310559 310560 310561 310562 310563 310564 310565 310566 310567 310568 310569 310570 310571 310572 310573 310574 310575 310576 310577 310578 310579 310580 310581 310582 310583 310584 310585 310586 310587 310588 310589 310590 310591 310592 310593 310594 310595 310596 310597 310598 310599 310600 310601 310602 310603 310604 310605 310606 310607 310608 310609 310610 310611 310612 310613 310614 310615 310616 310617 310618 CK DATE 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 VENDOR SOUTHERN PLUMBING INC JAMES WILLIAM OOLEY RUSSELL PAYNE INC CELICO PARTNERSHIP ALLSTATE CINTAS CORPORATION NO 2 MUTUAL OF OMAHA JOSEPH W VASQUEZ THE CLEARING COMPANY LLC JOHNS EASTERN COMPANY INC NATIONAL ASSOCIATION OF HOUSING AND MCMAHON ASSOCIATES INC GLOVER OIL COMPANY INC GARY L EMBREY JOHN DEERE LANDSCAPES JOSE RIVERA TOYS R US STORE 8752 DANE PFARR ARDAMAN & ASSOCIATES INC 1ST FIRE & SECURITY INC KELLY J TURNER JR CONSOLIDATED ELECTRICAL DISTRIBUTORS INC D&S ENTERPRISES OF VERO BCH LLC DOROTHY SARACINO FELICITY ZENTZ ANDY SOBCZAK JOHNNY B SMITH MUNICIPAL WATER WORKS INC DUPERON CORPORATION GLOBALSTAR USA CHARLES A WALKER CEMEX BELINDA SETZER CHEANEY, JOHN A MICHELE HOLM DANIEL IOFFREDO BENNETT AUTO SUPPLY INC KRISTIN DANIELS BRANDES ENTERPRISES INC SANDY ARACENA AAA TRIPLE S SERVICES INC DE LA HOZ BUILDERS INC ALMM LLC WOERNER DEVELOPMENT INC BOULEVARD TIRE CENTER SAFETY SCHELL CORPORATION FLORIDA COMBINED FLORIDA COMBINED JOSEPH CATALANO OVERDRIVE INC RAYMOND J DUCHEMIN KEITH GROCHOLL DOROTHY WYKOFF GFA INTERNATIONAL INC LUCY WALBRIDGE MILNER DISTRIBUTION ALLIANCE NEWSOM OIL COMPANY REHMANN GROUP LLC LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC AMOUNT 171.00 60.00 1.418.55 120.03 603.38 345.04 6,436.04 120.00 1.300.00 13.29498 575.00 12.485.00 25.616.18 40.00 577.17 60.00 92.60 60.00 5.519.00 135.00 60.00 129.28 25.59 50.00 19.17 49.52 100.00 47,058.80 191.000.00 119.40 100.00 82.07 351.43 1.426.00 10.50 60.00 61.55 225.00 519.75 120.00 387.82 46,011.00 500.00 2,436.00 1,273.12 974.91 14,465.76 8,458.31 60.00 87.00 100.00 100.00 94.90 4,630.00 104.50 515.60 1,576.90 17,985.00 1,494.17 6,226.56 CHECK NBR 310619 310620 310621 310622 310623 310624 310625 310626 310627 310628 310629 310630 310631 310632 310633 310634 310635 310636 310637 310638 310639 310640 310641 310642 310643 310644 310645 310646 310647 310648 310649 310650 Grand Total: CK DATE 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 4/3/2014 VENDOR AMOUNT ALEX MIKLO 60.00 ROBERT DOERR UPHOLSTERY 300.00 STEWART & STEVENSON FDDA LLC 779.79 ALEXIS TIIOMAS 266.23 COURSE TRENDS INC 300.00 CHEMTRADE CHEMICALS CORPORTATION 2,505.81 KATE P COTNER 385.20 REXEL INC 689.49 SPENCE CONSTRUCTION SERVICES LLC 10,000.00 KEVIN CLUTE 155.15 JEFF SWANIGON 50.00 BARNEY WOODYEAR 50.00 EDITH THRASHER 79.12 WADE WILSON 60.00 MICHAEL_ G JR & DONNA D COOPER 500.00 JOHN SMYTIIE 68.38 CASEY & LAYLA HAMILTON 46.77 HERSHEL WARD 125.00 MARK P NEIDER 450.00 JESSICA PRINGLE 50.00 SUMMIT CONSTRUCTION OF VERO BEACH LLC 139.360.43 STACEY BUSH 396.00 FL CHAPTERS OF THE ASSOCIATION OF PUBLIC 150.00 UT REFUNDS 68.22 UT REFUNDS 145.42 PATRICIA ROACH 57.49 ROGER & LISA COLEMAN 38.97 SHERYL LAUDERMILK 11.93 BELTONE HEARING AID CENTERS 31.78 SALVATORE A DAC QUESTO 22.87 MARIA JONES 47.19 TRACY PYKE 42.51 1,002,883.40 12 TRANS. NBR 1003795 1003796 1003797 1003798 1003799 1003800 1003801 1003802 1003803 1003804 1003805 1003806 1003807 1003808 1003809 1003810 1003811 1003812 1003813 1003814 1003815 1003816 1003817 1003818 1003819 1003820 1003821 1003822 1003823 1003824 1003825 1003826 1003827 1003828 1003829 1003830 1003831 1003832 1003833 1003834 1003835 1003836 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/28/2014 3/31/2014 3:31-2014 3/31/2014 331/2014 3/31!2014 3/31/2014 3/31/2014 3/31/2014 3/31/2014 3/31/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/1/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 4/2/2014 VENDOR COMMUNICATIONS INTERNATIONAL INDIAN RIVER BATTERY RING POWER CORPORATION MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES ARAMARK UNIFORM & CAREER APPAREL LLC SVI SYSTEMS INC COMMERCIAL ENERGY SPECIALISTS MIDWEST MOTOR SUPPLY CO L&L DISTRIBUTORS EAST COAST ANIMAL MEDICAL CENTER AT&T BRIDGESTONE GOLF INC OFFICE DEPOT BSD CUSTOMER SVC COMMUNICATIONS INTERNATIONAL INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC APPLE MACHINE & SUPPLY CO FLAGLER CONSTRUCTION EQUIPMENT LLC CAPITAL OFFICE PRODUCTS AUTO PARTNERS LLC BERMUDA SANDS APPAREL LLC CM&S INDUSTRIES INC NORTH SOUTH SUPPLY INC INDIAN RIVER BATTERY DAVIDSON TITLES INC HOMELAND IRRIGATION CENGAGE LEARNING CORPORATION SVI SYSTEMS INC WINGFOOT PLASTIC PRINTING SVS INC S&5AUTO PARTS PARKS RENTAL & SALES INC INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC APPLE INDUSTRIAL SUPPLY CO ALLIED UNIVERSAL CORP SOUTHERN COMPUTER WAREHOUSE FERGUSON ENTERPRISES INC MIDWEST MOTOR SUPPLY CO S & S AUTO PARTS WRIGHT FASTENER COMPANY LLC BERMUDA SANDS APPAREL LLC AMOUNT 24.576.35 497.50 1,151.49 250.00 715.00 782.64 198.00 179.20 411.21 350.63 28.00 14.470.76 130.45 2.083.28 25.508.56 134.80 4,762.52 94.80 1,162.29 104.90 35.41 1,536.60 981.00 34.65 202.90 303.10 285.36 1,039.20 995.00 2.020.00 555.09 132.53 199.00 60.50 358.25 7,723.52 1,814.31 4,758.94 196.00 266.90 187.50 72.07 101,350.21 11 TRANS NBR 2907 2908 2909 2910 2911 2912 2913 2914 2916 2917 2918 2919 2920 2921 2922 2923 2924 2925 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE VENDOR 3/28/2014 NATIONWIDE SOLUTIONS RETIREMENT 3/28/2014 NACO/SOUTHEAST 3/28/2014 ICMA RET CORP 3/28/2014 IRC FIRE FIGHTERS ASSOC 3/28/2014 ICMA RETIREMENT CORPORATION 3/28/2014 FLORIDA LEAGUE OF CITIES, INC 3/28/2014 KIMLEY HORN & ASSOC INC 3/28/2014 PROCTOR CONSTRUCTION CO, INC 3/28/2014 ELITE TITLE 3/28/2014 FL SDU 3/31/2014 US BANK 3/31/2014 IRS -PAYROLL TAXES 4/1/2014 INDIAN RIVER COUNTY SHERIFF 4/1/2014 CLERK OF CIRCUIT COURT 4/1/2014 INDIAN RIVER COUNTY SUPERVISOR OF 4/1/2014 AGENCY FOR HEALTH CARE ADMIN 4/2/2014 SENIOR RESOURCE ASSOCIATION 4/2/2014 ELITE TITLE *2915 Wire Voided AMOUNT 306.97 20,224.02 1,925.00 6,120.00 10,587.68 4,609.83 8,100.00 99,508.39 3,048.52 8,175.94 654,037.50 350,347.44 3,119,831.73 75,190.08 ELECTIONS 73,604.73 13,173.89 262,512.52 2,319.17 4,713,623.41 1 14 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM CONSENT 1P) TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works DirectorC71"A-- Christopher J. Kafer, Jr., P.E., County EngineeC ,/ Michael Nixon, P.E., Roadway Production Manager FROM: Etienne B. Bourgeois, P.E., Project Engineer SUBJECT: Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street, AMENDMENT NO. 15 IRC Project No. 0545 DATE: April 8, 2014 DESCRIPTION AND CONDITIONS Arcadis US, Inc. (formally known as Arcadis G&M, Inc) is under contract with Indian River County to provide Civil Engineering and Land Surveying Services for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street. The original Agreement was approved by the Board of County Commissioners on September 6, 2005 in the amount of $631,700.00. Fourteen amendments have been approved to date, bringing the total to $2,232,718.45. Amendment No. 15 provides for drafting services to properly convert the design plan sheets into AutoCAD Civil 3D format for Indian River County's use in preparing as -built survey plans. Amendment No. 15 also provides for additional construction engineering consulting services for answering questions and preparing revised construction plans due to unforeseen circumstances encountered during construction. The total negotiated cost for Amendment No. 15 is $17,715.00, which includes a lump sum amount of $2,715.00 for plan revisions and an hourly rate allowance of $15,000.00 for construction engineering services. Amendment No. 15 increases the total contract amount from $2,232,718.45 to $2,250,433.45. FUNDING Funding for Amendment No. 15 is budgeted and available from Optional Sales Tax/66th Ave -SR 60 to 49th Street -Account # 31521441-066510-06040 in the amount of $17,715.00. F:\Public Works\ENGINEERING DIVISION PROJECTS\0545-66Th Ave SR60 to 57th St (Arcadis)\Admim\agenda items\Amendment No. 15 04- 08-14.doc 15 Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street, AMENDMENT NO. 15 Page 2 RECOMMENDATION Staff recommends approval of the attached Amendment No. 15 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attached Amendment No. 15 on their behalf for a total not to exceed amount of $17,715.00. ATTACHMENT Amendment No. 15 DISTRIBUTION Hank Deibel, P.E., Arcadis US, Inc. APPROVED AGENDA ITEM FOR: April 15, 2014 F:\ Public Works IENGINEERING DIVISION PROJECTS10545-66Th Ave SR60 to 57th St (Arcadis)1Admimlagenda items\Amendment No. 15 04-08-14.doc 16 Approved Date Administration j1(/j�i (1/ Budget ;', 4( 14 Legal IA. t _ S -) 4 Public Works l , Y _ 9 _ / c{ Engineering ll< F:\ Public Works IENGINEERING DIVISION PROJECTS10545-66Th Ave SR60 to 57th St (Arcadis)1Admimlagenda items\Amendment No. 15 04-08-14.doc 16 BRIDGE REPLACEMENTS AND WIDENING OF 66T11 AVENUE FROM SOUTH OF SR 60 TO NORTH OF 57T11 STREET IRC PROJECT NUMBER 0545 PROFESSIONAL CIVIL ENGINEERING, GEOTECHNICAL ENGINEERING AND LAND SURVEYING SERVICES AMENDMENT NO. 15 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING SERVICES AGREEMENT BETWEEN ARCADIS US, Inc. AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Engineering/Land Surveying Services Agreement (AGREEMENT) dated September 6, 2005 between ARCADIS US, Inc. (ENGINEER) and Indian River County (COUNTY). This amendment addresses changes in "Section I — Project Limits and Description" and "Section V - Compensation". Amendment Description This Amendment includes the following: "SECTION I - PROJECT LIMITS AND DESCRIPTION" is being modified to incorporate the following: Plans have been prepared for the construction of 66th Avenue from south of SR 60 to north of 57th Street. The plans were prepared using Microstation computer software. The overall Microstation dgn files were converted to Autocadd dwg format and distributed to the contractor for their use in the preparation of the as -built plans. The COUNTY has requested that individual Autocadd files be prepared for each plan sheet. The ENGINEER will convert the individual plan sheet Microstation dgn files into Autocadd dwg format for the contractor's use. Files will be converted for the following plan sheets: • Drainage maps • Plan and Profile sheets • Plateau plan and profile sheets • Drainage Structure Sheets • Detention Area plans • Driveway Cross Sections • Cross Sections • Utility plans Individual dwg files will be provided for each sheet of the drainage maps (14 sheets), plan and profile sheets (53 sheets), plateau plan and profile sheets (11 sheets), detention area plans (10 sheets), and the utility plan and profile sheets (19 sheets). For the drainage structure sheets, driveway cross section sheets, and the cross section sheets the Microstation files are arranged such that the overall files contain multiple individual plan sheets. For these sheets overall files containing Page 1 of 5 G:\LNR Support\ADMIN\Marketing\Proposals\WPB\2014\66 th Ave Amendment No 15 4-4-14 .doc 17 multiple plan sheets will be provided. The ENGINEER will provide engineering services on an as requested basis during construction to address questions and requests for additional information, and to address unforeseen construction issues that may arise. The ENGINEER will perform site inspections on an as - requested basis during the construction of the project, will attend construction progress meetings as requested by the COUNTY, and will prepare plan revisions and additional construction drawings on an as needed basis as requested by the COUNTY. "SECTION IV — TIME FOR COMPLETION" is being modified to incorporate the following: The time for completion of Amendment Number 15 shall run concurrently with the construction of this project. "SECTION V — COMPENSATION" is being modified to incorporate the following: The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to this Agreement fees in accordance with the following: A. Professional Services Fee 1. The basic compensation mutually agreed upon by the ENGINEER and the COUNTY follows: The following is a summary of costs: Charge Associated with Change in Project Scope New Total And Project Limits Compensation Geotechnical Services (Tierra)(Lump Sum) $0.00 $139,460.00 Engineering (ARCADIS) (Lump Sum) $2,715.00 $963,387.50 Signal Plans (ARCADIS) $0.00 $84,726.66 Design Survey (660i Avenue) (ARCADIS) $0.00 $169,500.00 Design Survey (Sidestreets) (ARCADIS) $0.00 $71,428.00 Right -of -Way Survey and Map (66th Avenue) $0.00 $117,821.00 Right-of-way Survey (Sidestreets) $0.00 $61,963.00 Structural Design for 4 bridges Page 2 of 5 G:\LNR Support\ADMIN\Marketing\Proposals\WPB\2014\66 th Ave Amendment No 15 4-4-14 .doc 18 (Bridge Design Associates, Inc.) $0.00 $207,222.00 Landscape & Irrigation $0.00 $77,160.00 (Thomas Lucido & Associates) (Lump Sum) Pond Surveys $0.00 $25,790.00 Water Main Plans (ARCADIS) $0.00 $86,145.00 (Lump Sum) Corridor Study (ARCADIS) $0.00 Cultural Resource Assessment $0.00 TOTAL PROFESSIONAL SERVICES $2,715.00 HOURLY RATE ALLOWANCES Allowance for Sketch and Legal Descriptions and staking of parcels (375.00/each) NTE $0.00 $51,000.00 Allowance for miscellaneous roadway design changes due to right of way negotiations NTE $0.00 $20,000.00 $15,581.00 $8,925.93 $2,029,110.09 Allowance for Survey Crew and Soft Dig Machine for Horizontal and Vertical Utility Locations at Potential Conflicts (Survey $I12/Hr) NTE $0.00 $20,000.00 Allowance for Survey and Design Of a transition to match the existing pavement At the north end of the project NTE $0.00 Construction Engineering Services - Public Works .... NTE $15,000.00 Construction Engineering Services -Utility Dept NTE $0.00 TOTAL HOURLY RATE ALLOWANCES NTE $15,000.00 $27,000.00 $92,877.12 $10,446.24 $221,323.36 Compensation for the hourly rate allowances will be made on an hourly basis at the hourly rates listed below: Project Engineer Manager $14664 Project Engineer $109.70 Senior CADD Operator $85.84 Cadd Draftsman. $56 89 Page 3 of 5 G:\LNR Support\ADMIN\Marketing\Proposals\WPB\2014\66 th Ave Amendment No 15 4-4-14 .doc 19 Survey Project Manager $106.40 Professional Surveyor $98.30 Survey CADD Tech $68.17 3 Man Field Crew $126.84 2 Man Field Crew $114.14 Sr. Field Coordinator $75.00 Page 4 of 5 G:\LNR Support\ADMIN\Marketing\Proposals\WPB\2014\66 th Ave Amendment No 15 4-4-14 .doc 20 9* County Attorney Approved as to Form and Legal Sufficiency The AGREEMENT is hereby amended as specifically set forth here in. All other sections of the AGREEMENT shall remain in full force and effect and are incorporated herein. This Amendment No. 15 to the AGREEMENT regardless of where executed, shall be governed by and constructed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment this day of , 2014. ARCADIS US 2081 Vista P West Pal By: uite 305 3.11 ink mat: obert ; ice son, P.E. sident WITNESSED BY: 01) oseph A. Baird, / County Administrator to INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman Board of County Commissioners Approved by BCC Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Page 5 of 5 G:\LNR Support\ADMIN\Marketing\Proposals\WPB\2014\66 th Ave Amendment No 15 4-4-14 .doc 21 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Public Works Division of Facilities Management Date: April 9, 2014 To: Joseph A. Baird, County Administrator Through: Christopher R. Mora, P.E., Public Works Director From: Chris Burr, Manager, Facilities Management Division Subject: Approval of Amendment #4 to JMC Agreement for Custodial Services CONSENT BACKGROUND: On January 24, 2012 the Board of County Commissioners approved the agreement with JMC Services of Winter Park, Florida for custodial services in County facilities. Amendment #1 was approved on April 3, 2012 and added two locations to the agreement. Amendment #2 was approved on March 1, 2013, and extends the contract through February 2014 at which time an additional renewal will be available with satisfactory service from the Contractor. Amendment #3 was approved December 10, 2013, and added the new Crime Scene building. The current contract was for one year with two one year renewals. Amendment #4 is to exercise the second renewal option through February 2015 at which time the contract with JMC will expire and the services will be rebid. There is also an increase in the scope of work which will result in an increase in the contracted price from $510,462.84 to $547,270.56. FUNDING: Funding for the Custodial services is included in the operating budget Account #00122019-033490 for Facilities Management. RECOMMENDATION: Staff recommends that the Board accept Amendment #4 and authorize the Chairman to execute the amendment. Approved Agenda Item For: April 15, 2014 I Aid Indian River Co. Approved Date Administration y1i(i County Attorney t1 _Y `1 Budget i ` / 15 f4 Department y- -t4' Division (: id" y_ICI C:\Users\Iclark\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5SOPSU1 L\Amendment #4 to JMC Custodial service BCC 03-13-14.doc 22 ;,,A 2 5 2014 FACILITIES VIANAGEMEN s FOURTH AMENDMENT TO CUSTODIAL SERVICES AGREEMENT This Fourth Amendment to Custodial Services Agreement ("Fourth Amendment") is entered into effective April 1, 2014, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County") and JMC Services, Inc., a Florida corporation, having a principal place of business at 37 West Smith Street, Winter Garden, FL 34777 ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into a Custodial Services Agreement ("Agreement") dated January 24, 2012; and WHEREAS, since that time, the County and the Contractor have amended the Agreement on April 3, 2012 to include two additional buildings not included in the initial Agreement; and WHEREAS, since that time, the County and the Contractor have amended the Agreement on April 16, 2013 to extend the agreement for an additional year; and WHEREAS, since that time, the County and the Contractor have amended the Agreement on December 10, 2013 to include Crime Scene building located at 3885 41st Street. A building not included in the initial Agreement; and WHEREAS, The County and the Contractor desire to amend the Agreement by exercising the final extension clause for one year; and WHEREAS, The County and the Contractor desire to amend the Agreement by adding services, in accordance with the provisions of the Agreement, as set forth in this Fourth Amendment. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto, intending to be legally bound, covenant and agree to amend the Agreement as follows: 1. The background recitals are true and correct and form a material part of this Fourth Amendment. 2. The Contractor agrees to the one year extension, in accordance with the terms of the agreement. 3. The Contractor agrees to the increase in services at the County Administration Complex, Main Library, North County Library, Health Department, and Judicial Center, to wit: A. Increase the vacuuming in the County Administration Complex to 3 times a week B. Increase the vacuuming in the Main Library to 7 times a week C. Increase the vacuuming in the North County Library to 6 times a week. D. Increase the vacuuming in the Health Department, and Judicial Center to 5 days a week. C:\Users\JMCEmployee\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\VODVG70T\Fourth Amendment - Second Extension of custodial services contract 2014.doc 23 3. In exchange for these additional services, the County agrees to pay Contractor the sum of $3,067.31 per month. 4. AU terms and conditions of the Agreement not amended herein remain in full force and effect. IN WITNESS WHEREOF. the County and the Contractor have caused this Second Renewal to be signed by their respective duly authorized officers as of the day and year first stated above. Contractor: JMC SERVICES, INC. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By By Joseph ti\to, reSident Peter D. O'Bryan, Chairman ) Date approved by BCC: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Byi - --,, hr/ : la/i / Witham K. DeBraal Deputy County Attorney C:\Users\Cito1AppData\LocalVicrosoftWVInciativs\Temporaiy Internet FilesTiontent.Oullook\630Z86CD.Fourth Amendment - Second Extension of custodial services contract 2014.doc 24 INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM CONSENT TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP Community Developent Director FROM: Roland M. DeBlois, AICP A-> Chief, Environmental Planning & Code Enforcement DATE: April 7, 2014 RE: Request for Board Approval of a Resolution for a Florida Inland Navigation District Grant Application for Head Island (a.k.a. Green Salt Marsh) Improvements and Channel Restoration It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of April 15, 2014. DESCRIPTION AND CONDITIONS Head Island (a.k.a. the Green Salt Marsh Conservation Area) is located along the east shore of the Indian River Lagoon, west of St. Christopher Harbor Subdivision. In 1996, the owners of Head Island (Susan Green, et al), donated the island to Indian River County for conservation under the County's environmental lands program. On March 11, 2014, and then subsequently on March 18, 2014 under public discussion, the Board of County Commissioners considered a request from the St. Christopher Harbor Homeowner's Association (HOA) that the County apply for a Florida Inland Navigation District (FIND) Waterways Assistance Program grant and provide matching funds for restoration of a channel and other improvements at Head Island. In considering the matter, on March 18 the Board voted to: • Split with the St. Christopher Harbor HOA the estimated cost of a 50% FIND grant match combined with the cost of permitting, which is calculated to be County funding of $54,750; • Apply for a $71,500 FIND grant to fund 50% of estimated construction costs (conditioned upon the HOA committing to its share of the match); • Take responsibility for implementing and overseeing project construction (assuming the HOA commits to its match and the FIND grant is awarded); and 1 25 • Look for ways to reduce construction costs and prorate any savings to the County and the HOA (assuming the HOA commits to its match, the grant application is awarded, and construction proceeds). The HOA's estimated match / additional commitment to move the project forward, with credit for +_$38,000 already spent by the HOA on obtaining permits, is $16,750 (total contribution: $54,750). On March 19, 2014, St. Christopher Harbor HOA president Anna Garramone advised county staff that the HOA membership considered the proposal and voted to commit to funding the additional $16,750. Based on the HOA's additional funding commitment, county staff has proceeded with applying for the FIND grant. As a part of the FIND grant application, FIND requires that the applicant (Indian River County) provide a resolution authorizing the project and ensuring that terms of the grant will be met (if awarded). To that end, the attached resolution (Attachment 3 to this report) is herein presented for the Board's approval. ANALYSIS As considered by the Board on March 11 and March 18, the project consists of: - Removal of 0.1 acre of fill (the manmade land bridge to Head Island) with proper siltation control and disposal of removed material; - Installation of navigation and manatee protection signage; Breaching of Head Island mosquito control dikes at two locations to improve tidal flushing; and Removal of nuisance exotic vegetation along the Head Island mosquito control dike. Subsequent to the Board's consideration of the project funding request, county staff contacted FIND staff for a pre -application discussion to maximize the opportunity for FIND grant funding under FIND's grant application criteria. As a result of that discussion, county staff has added a public boat landing component to the project to improve the ranking and chances of the project for funding under FIND's grant review criteria. The estimated cost of the boat landing component is $10,000. Anticipating that construction costs for channel restoration will cost less than the conservative estimate provided by the HOA, staff has adjusted those construction costs downward by $10,000 to off -set the estimated cost of the boat landing, keeping the overall project cost estimate (and matching fund cost estimates) unaltered. Costs The following table provides a breakdown of estimated cost by project elements: Head Island Channel Restoration FIND Waterways Assistance Program Project Project Elements Estimated Cost FIND Cost (50%) County Cost St. Christopher Harbor HOA Public boat landing $10,000 $5,000 $5,000 N/A Barge mobilization and project construction $115,000 $57,500 $40,750 $16,750* Project management, engineering oversight and contingencies $18,000 $9,000 $9,000 N/A TOTAL $143,000 $71,500 $54,750 $16,750 *The HOA's $16,750 match is in addition to $38,000 already spent by the HOA on obtaining envir covered under the FIND grant), bringing the HOA's total cost to $54,750. 2 26 Resolution The attached resolution (Attachment E-6 of the FIND grant application) is in a standardized format as required by FIND. The resolution indicates that the County is applying for 50% ($71,500) of the total estimated cost of the project ($143,000). Funding Since the proposed project would result in boating improvements, the County's Florida Boating Improvement Fund would be appropriate to use as the County's funding source for the estimated $54,750 cost -share match required for the FIND grant application. According to the County Budget Office, there are sufficient reserves in that fund to use as a county match. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached resolution (FIND grant application "Attachment E-6") and authorize the Board Chairman to sign the resolution on behalf of the County. ATTACHMENTS: 1. County grant summary form. 2. Sketch of Head Island with notes on proposed improvements. 3. Copy of resolution (FIND grant application "Attachment E-6"). APPROVED: FOR: April 15, 2014 C\Green Salt Marsh\Head Cove restoration\flead Cove FIND grant resolution staff report for BCC 4-15-14.doc 3 27 I.R.Coun A „AIL ved Date Admin. Wriall1117171511 Leval niz.:-..micritrai Bud et 111111M111 11211 De t IIMMIIIII gr/ . Risk Mgr. C\Green Salt Marsh\Head Cove restoration\flead Cove FIND grant resolution staff report for BCC 4-15-14.doc 3 27 GRANT NAME: Head Island Improvements — FIND WAP GRANT # AMOUNT OF GRANT: $71,500 DEPARTMENT RECEIVING GRANT: Community Development / Environmental Planning CONTACT PERSON: Roland M. DeBlois TELEPHONE: (772) 226-1258 1. How long is the grant for? Two years Starting Date: October 1, 2014 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? X Yes No X Yes No X Yes No 4. Percentage of match to grant 50 5. Grant match amount required 571,500 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? $54,750 — County's Florida Boating Improvement Fund; $16,750 — St. Christopher Harbor HOA 7. Does the grant cover capital costs or start-up costs? X Yes No 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.) Yes No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $143,000 Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 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, capital, start-up, auto expense, travel and operating? N/A Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? (RS4,70 ft Grant Amount Other Match Costs Not Covered Match Total First Year $71,500 $16,750 (St. Christopher HOA) $54,750 $143,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 4/8/14 ATTACH 'ENT 1 2R ATTAC t 29 RESOLUTION NO. 2014 - ATTACHMENT E-6 RESOLUTION FOR ASSISTANCE 2014 UNDER THE FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM WHEREAS, the Indian River County Board of County Commissioners (BCC) is interested in carrying out the following described project for the enjoyment of the citizenry of Indian River County and the State of Florida: Project Title: Head Island Im.rovement Total Estimated Cost: $143,000 Brief Description of Project: Excavate and restore a navigable channel at Head Island by removing a manmade land - bridge; breach a mosquito control perimeter dike at Head Island (at two locations) to improve water circulation within the Head Island mangrove marsh; remove nuisance exotic vegetation from the Head Island perimeter dike trail; and construct a boat landing dock for public access to the county -owned Green Salt Marsh (a.k.a. Head Island) Conservation Area. AND, Florida Inland Navigation District financial assistance is required for the program mentioned above, NOW THEREFORE, be it resolved by the Indian River County BCC that the project described above be authorized, AND, be it further resolved that said Indian River County BCC make application to the Florida Inland Navigation District in the amount of 50% of the actual cost of the project on behalf of said Indian River County BCC, AND, be it further resolved by the Indian River County BCC that it certifies to the following: 1. That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.A.C. and which will be a part of the Project Agreement for any assistance awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. ATTACHMENT 3 Page 1 of 2 Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 30 RESOLUTION NO. 2014- 3. That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said Indian River County BCC for public use. 4. That it will not discriminate against any person on the basis of race, color or national origin in the use of any property or facility acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes relating to accessibility by handicapped persons as well as other federal, state and local laws, rules and requirements. 5. That it will maintain adequate financial records on the proposed project to substantiate claims for reimbursement. 6. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% of the funding agreed to by FIND. This is to certify that the foregoing is a true and correct copy of a resolution duly and legally adopted by the Indian River County BCC at a legal meeting held on this day of , 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Approved as to Form and Legal Sufficiency: Attest: Jeffrey R. Smith, Clerk of Court & Comptroller By: Deputy Clerk Page 2 of 2 Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) 11 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AIC Community Develo:ment Director FROM: John W. McCoy, AIC\1\\A Chief, Current Development DATE: April 7, 2014 SUBJECT: Windsor Properties, Inc.'s Request for Final Plat Approval for a Replat of One Lot and a Tract to be known as Windsor Plat 28 (PD -14-04-03 / 2002100039-72033) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 15, 2014. DESCRIPTION AND CONDITIONS: On February 13, 2014, the Planning and Zoning Commission approved a preliminary PD plan/plat application to replat one lot and one tract within the Windsor development. The subject site is located within Windsor along the west perimeter. Through the proposed replat, the locations of an existing lot and tract will be flipped. The submitted final plat is consistent with the approved overall conceptual PD plan for the Windsor project and the approved preliminary plat for the re -plat. Now, the applicant has submitted for final plat approval for Windsor Plat 28. ANALYSIS: In this instance, the required improvements are minimal, consisting of some utility services relocations. All subdivision improvements required to serve the lot and tract have been constructed, inspected, and approved by the county. With the exception of certain utilities facilities dedicated to the county, all required improvements are dedicated privately to the Windsor Property Owners Association. Publicly dedicated utility improvements will be guaranteed and warranted by a Bill of Sale which will be handled separately by Utilities Services. Since all other improvements are dedicated privately, no warranty and maintenance agreements are required. Therefore, all requirements for final plat approval have been satisfied. F:\Community Development\CurDev\Final Plats\BCC staff reports \20I4\WindsorPlat28.doc 12 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Windsor Plat 28. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Graphic Indian River Co, Appr. ed Date Admin. 6/born- Legal Legal ,�� it si-ce, -1 Budget <f I1 Dept. `� Y // Risk Mgr. F:\Community Development\CurDev\Final Plats\BCC staff reports\2014\WindsorPlat28.doc 2 11 INDIAN RIVER COUNTY PLANNED DEVELOPMENT APPLICATION Please indicate the type of application being submitted: Conceptual PD Special Exception: Concurrent Conceptual PD Special Exception & Preliminary PD: Preliminary Planned Development: 'Final Planned Development: ') Note: For a PD rezoning please use the appropriate rezoning application. PROJECT NAME: Windsor Plat 28 X Plan Number: PD- 14-04-03 PROPERTY OWNER: (PLEASE PRINT) Windsor Properties Project#: 2002100039 1a- O 33 APPLICANT (PLEASE PRINT) Same as Property Owner NAME NAME 3125 Windsor Blvd. ADDRESS ADDRESS Vero Beach, FL. 32963 CITY, STATE, ZIP CITY, STATE, ZIP 772-388-5050 PHONE NUMBER PHONE NUMBER mark.justice@windsorflorida.com EMAIL ADDRESS EMAIL ADDRESS Mark Justice CONTACT PERSON CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) AGENT (PLEASE PRINT) Schulke, Bittle, & Stoddard Same as Project Engineer NAME NAME 1717 Indian River B1vd.,Suite 201 ADDRESS Vero Beach, FL. 32960 ADDRESS CITY, STATE, ZIP CITY, STATE, ZIP 772-770-9622 PHONE NUMBER PHONE NUMBER jschulke@sbsengineers.com EMAIL ADDRESS _ EMAIL ADDRESS Joseph Schulke CONTACT PERSON CONTACT PERSON SrGNAT�I E OF OWNER 0 AGENT' F:\Community Development\Users\CurDev\ApplicationsPDAPP.doL Reviseanuar�+2011 r ! i CHMEN T 1 Page 1 of 3 14 TAX PARCEL ID #(s) OF SUBJECT PROPERTY: 31- 3 9 -15 - 0 0 0 2 2- 0 0 0 0- 0 0 0 0 0- 2 PROPERTY CLASSIFICATION(S): Land Use Designation Zoning District Acreage L-1 PD 0.52 acres TOTAL PROJECT ACREAGE: 0.52 acres EXISTING SITE USE(S): 1 residential lot and 1 tract for drainage and landscape PROPOSED SITE USE(S) AND INTENSITY (e.g. # of units, square feet by use): 1 residential and 1 tract for drainage and landscape ** PLEASE COMPLETE THE SUBMITTAL CHECKLIST ** The following items must be attached to the application: N/A If the applicant is other than the owner(s), a sworn statement of authorization from the owner; X Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of outstanding corporation shares; X Two copies of the owner's recorded warranty deed; X A check, money order or cash made payable to "Indian River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres $ 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres $ 1150.00 1250.00 1300.00 Final PD Plans $ 1400.00 4 100.00 for each additional 25 acres over 40 acres + 50.00 for each additional 25 acres over 40 acres For concurrent application fees combine the appropriate fees and subtract $400.00. F:1Community Development )Users\CurDev\Applications \PDAPP.doe Revised January 2011 Page 2 of 3 ATTACHMENT 1 35 „ , \ AK. • *IICN \ . ' \ \ \ \ \ \ \ Vk' 0, 1, \ \ \' \ t ICC It% - - -1,;"- .....______...._ ED ...".... [ •, .--...-.1 • ..e.. . [ Fc !:1,;- e•-• -- r: iLJ A .;,71 vNfv IMUIANR vIt 0 tJ0 1/1 0 91c. .11113, k I my , • \\ \ 0 0 8 ;7) • • - fkG CIN _ATTACHMENT CT) 0 0 1. / 1 1 1 g 1 1 1 1 1 1 36 1 PLAT BOOK DOCKET NO. Q w co w N (� w Z � d 2 YO Och ma = QZ z� 00 O' 0Zo W1O -J W LL Q > no D 1.0 cy 0 o Q LL Et J } w c[ z CC 0 O Z cc z LLO� Z z 00 ap CI) O0 ~U CL Lb U J Q m a w S F LL O n n I I M z z O O 2 0.„ \r ra motim \ ihoh \ \ 1 IC 3rd Y'I NOOe I67d 'Od l - 35681 81050881 \ .2 13681 371715111 O Od 8006 SL J1'7371 dTSONN,V13YB3! 38/71563 ff he m .fiL7CI 3./1.02.00 If 396d 'Ll 110081671 'Od sZ 1674 6058NN1 N0 MOMS 56 6. IO683 A 37171534/ I7 to: 6 60/807) AINL60O 831/8 N6/0Nl A 50210.238 9/7831 6 3561 0010 1008 080338 7rO/3J0 Nl 03080337 1/0-830/ 800079538 833 AVM A 10/5/8 03NOON686 Lf 391,d L1 NOO81Y7d \II 'Od SL NY7d NOMONS I ONS s 56 Z9 10078 A 378 715351 i .00'06 Of 3011 L/ 8008 1171 Od SZ 1678 80SON/M (AO/ 3/ 64/81 H1ON1 37801867) 3AF Q NVNNVAVS .6LZD IT 3761 67 1105 --f Yid '81 57 167d 8050881 39 NOOK 3N17 1563 '04 SZ 1674 8050NN1 10 NOON 3N17 fiL'ZD SIX/!N L/NE LO/ 1, LX IXX 6P N1./9.0Z00 N Lf 3908 L/ N081V71 '0d SZ IY7d M950NN1 31/80 867/062165 31171563 o (3 ,3 .254 ATTACHMENT 3 37 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: April 3, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager pyo Subject: Amendment No.2 to Work Order No.3 with Kimley Horn and Associates for Design and Implementation of a Lime Softening with Carbon Dioxide Injection at the Two County Regional Water Treatment Facilities UCP 2715 DESCRIPTIONS AND CONDITIONS: On July 17th, 2012, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 3 with Kimley-Horn and Associates, to provide professional services to design and implement a lime softening with carbon dioxide injection at both water treatment plants for a total amount of $ 193,600.00. The work order also included construction phase services for a construction duration of 5-6 months. On January 8, 2013 BCC approved Amendment No.1 to Work Order No.3. This $17,700.00 design effort improves the operational efficiency of the North County RO Facility by automating the permeate degasifier valves and dampers. On May 7th, 2013 the Indian River County Board of County Commissioners (BCC) awarded the contract for the Water Plants Lime Slurry Injection Project to R.J. Sullivan Corporation. Notice to proceed was issued on August 21, 2013 to R.J. Sullivan to start the work at the North and South Water Treatment Plants for a total contract time of 240 -days (60 days were added to the original 180 day duration during the bid process). Change order No.1 to replace the acid tank at the South RO plant was approved by the board on October 8th, 2013 and Change Order No.2 for the west clearwell painting and the replacement of the hardware modules for communication was approved March 18th, 2014. The two Change Orders to R.J. Sullivan added 62 -days to the original contract. Therefore the new total contract time for the project inclusive of the two change orders is 302 days. ANALYSIS: Kimley-Horn and Associates staff has performed the work authorized in Work Order No.3 under construction phase services to the utmost satisfaction of the County. Due to the addition of time to incorporate the changes/additions to the original scope of the project, additional construction phase services are therefore needed. Amendment No.2 also includes design to prepare detailed drawings to extend the existing platforms between the two degasifiers at the North RO plant. These platforms are needed to safely maintain and access the new valve actuators. F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Lime Slurry Injection Project -UCP 2715\Admin\Agenda - Amendment No.2 to KHA WO No.3.docx 38 FUNDING: Funding for Amendment No.2 to Work Order No. 3 will be split among three different accounts. The work related to the degasifier platforms will be charged to the Water Production R & R account. Forty-two of the sixty-two additional days or 67.7% of the construction services relates to the South RO Acid Tank Replacement project. The remaining 20 days or 32.3% of the construction services relates to the Lime Slurry Injection Project. All three funds are budgeted in the Utilities operating fund. The operating fund budget is derived from water and sewer revenues. ACCOUNT NO.: Description Account Number Amount Water Production R & R 47121936-044699 $3,200.00 South RO Acid Tank Replacement 471-169000-13505 $21,122.00 Lime Slurry Injection RO Plants 471-169000-12515 $10,078.00 RECOMMENDATION: Staff requests the Board to authorize the Chairman to execute the attached Amendment No. 2 on their behalf for a lump sum amount of $3,200.00 and an hourly not to exceed amount of $31,200.00 for a total of $34,400.00 to Kimley Horn and Associates increasing the total contract amount to $245,700.00. ATTACHMENT(s): Amendment No. 2 to Work Order No. 3 and supporting documents (2 Pages) APPROVED FOR AGENDA: By: ?" akji) Jose A. Baird, County Administrator For: Indian River Co. Appr• ed Date Administration ' MO Legal Budget i' Utilities 14 7 1i( Utilities -Finance /� ` 44 -04 39 AMENDMENT NUMBER 2 WORK ORDER NUMBER 3 This Amendment _2_ to Work Order Number _3_ is entered into as of this day of , 2013_ pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011 (the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC,, ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 3_, Effective Date July 17, 2012 2, The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit 1 (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN and ASSOCIATES, INC. By: By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Kevin Schanen, P.E. Peter D. O'Bryan, Chairman Title: Vice President BCC Approved Date: By: Approved: Approved as to form and legal sufficienc Attest: Jeffry R. Smith, Clerk of Court and Comptroller Deputy Clerk /Jose H A. BA. aird, CountyAdministrator p Dylan Reingold, County Attorney 40 Exhibit #1 Amendment 2 to Work Order Number 3 North and South RO Plant Lime Slurry Addition Additional Construction Phase Services PROJECT DESCRIPTION The contractor RJ Sullivan is nearing completion of the Lime Slurry Addition Project for both water plants. The original bid included a total contract duration of 180 days with an addendum which provided the contractor an additional 60 days (240 days total). In addition to the addendum, additional work has been authorized which extends their contract 62 days, including painting of the North Clearwell, installation of a new acid tank at the South plant, etc. With the additional work and addendum, the total construction duration is now 302 days. Work Order #3 included construction observation of 5 — 6 months (180 days) which was consistent with the original bid document. Additional construction phase services are therefore needed to cover the additional time of 122 days for field observations, meetings, certifications, pay application review, additional record drawing review, and additional startup services. SCOPE OF SERVICES — CONSTRUCTION PHASE SERVICES Task 1— Degasifier Platform Drawings Consultant will prepare detail drawing sketches of a platform support between the two existing North plant West degasifier platform landings to allow access to the new control valves. The existing platforms do not provide access to the existing valves and are needed for maintenance and access to the new valve actuators. Task 2 — Construction Phase Services The Consultant will provide additional construction phase services for this project, consisting of paint shop drawing review, meeting attendance, construction field observation, pay application review, additional certification, and preparation of record drawings based on contractor red lines (in electronic format in AutoCADD 2010 version in real world coordinates on CD). It is anticipated that the duration of the remaining construction phase will be two (2) additional months and that on-site construction observations will be conducted commensurate with the level of construction activity for each project. Shop drawing submittal will be reviewed for conformance with the intent of the contract documents. Shop drawing will be submitted directly to the Consultant. The Consultant will review the submittal and return copies to the contractor and Indian River County Utilities. The Consultant will coordinate and attend three (3) project status meetings for coordination and status updates of the project with the Contractor and Owner. The Consultant will also review pay requests and provide recommendations for payment to Indian River County Utilities for the progress of the work. The Consultant may recommend Change Orders to Indian River County, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Lime Slurry Injection Project -UCP 2715\Admin\FW Stabilization Construction Phase Amendment - Amd#2 to WO 3 Exhibit.doc Page 1 of 3 41 Construction observation will be provided by a field inspector. Total observation time is anticipated to be approximately 40 -hours. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. The Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. Work that the Consultant believes does not comply with the contract documents will be brought to the attention of Indian River County Utilities and the contractor. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall the Consultant have any authority or responsibility to stop or direct the work of any contractor. Additional punch -list items will be reviewed and a list prepared for the items that need to be completed for final closeout of the project. The Consultant will perform one additional site visit with the contractor to review the status of the completion of these punch -list items. The Consultant will prepare record drawings of the project using information provided by the contractor. An electronic copy in AutoCAD format on a CD-ROM, and two sets of prints will be delivered to Indian River County Utilities upon completion of this project. Consultant will attend operational testing of the lime and carbon dioxide systems for both facilities, and observe equipment operation, establish design dosages which provide optimum hardness and alkalinity improvement in the finish water, and prepare a startup summary page of the dosages established during startup. ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Other items that may be considered additional services are mentioned herein. ATTACHMENT 1 - SCHEDULE Services are anticipated to be completed within 2 months (May 19, 2014) and are dependent on contractors' schedule. ATTACHMENT 2 - FEES We will provide these services in accordance with our Continuing Services Contract Agreement for Professional Services dated November 15, 2011, with Indian River County. The Consultant will provide these additional services for Task 1 on a lump sum basis and Task 2 on a cost plus, not to exceed basis as follows: Task No. Task Task Fee Task 1 Design Sketches for Degasifier Platform $3,200 Task 2 Construction Phase Services (2 months) $31,200 Total Lump Sum Fee = $34,400 F:\Utilities\UTILITY - Engineering\WATER\WTP - North RO\Lime Slurry Injection Project -UCP 2715\Admin\FW Stabilization Construction Phase Amendment - Amd#2 to WO 3 Exhibit.doc Page 2 of 3 42 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 7, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manag SUBJECT: Approval of Agreement for RFQ No. 2014020 for Professional Architectural and Engineering Services for Indian River County Archie Smith Fish House Restoration BACKGROUND: On March 3, 2014, the Board approved the final ranking of firms for the design, planning and permitting of improvements to the historic Archie Smith Fish House, and authorized the Community Development Department to conduct negotiations with Atelier, Inc., the top ranked firm. Staff has completed negotiations with Atelier, and the agreement is ready for your review and approval. FUNDING: The agreement includes a not to exceed fee of $99,000 for Atelier's services. The State of Florida Division of Historical Resources has offered grant funding for development of detailed restoration plans and construction drawings of $49,500, which require a County match of $49,500. The funds are currently available in the account listed below. Account Title Available 14514639-066510-14004 Archie Smith Fish House Restoration $99,000 RECOMMENDATION: Staff recommends the Board approve the attached agreement and authorize the Chairman to execute said agreement once the required insurance has been received and approved by Risk Management. Attachment: Agreement APPROVED AGENDA ITEM BY: COI) oseph P1 Baird, County Administrator FOR: CC!1iz�1� /51 Indian River Co Ap•.ved Date Admin '9//o�J� dg /0/Legal �.. Department'A U 'i/ (/y Risk Manager - - M:\Bids\2013-2014 FY (2014000)\2014020 Architectural Services for Archie Smith Fish House Restoration\Agenda for Agreement-2014020.docx 43 INDIAN RIVER COUNTY Professional Architectural and Engineering Services for Indian River County Archie Smith Fish House Restoration SERVICES CONSULTANT AGREEMENT THIS AGREEMENT, entered into this day of , 2014, between INDIAN RIVER COUNTY, a Political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960, hereinafter referred to as the COUNTY, and Atelier Architecture, 2709 S. MacDill Avenue, Tampa, FL 33629, hereinafter referred to as the CONSULTANT. WITNESSETH The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional architecture; structural engineering; construction budgeting, contract documents, and related services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below. This Agreement shall be referred to as the "CONSULTANT AGREEMENT". The CONSULTANT shall provide professional consultant services including: I. Planning, design and permitting for restoration of the historic Archie Smith Fish House at 1740 N. Indian River Drive in Sebastian, Florida, including restoration of an accessory boat dock and icehouse, in accordance with conditions, timeframes and specifications set forth in Historic Preservation Grant Award Agreement S 1429 attached hereto as Exhibit A. SECTION II - GENERAL RESPONSIBILITIES (1) Planning and design services required by the Agreement shall be performed by qualified registered Florida architects, engineers and other design professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the COUNTY. (2) The agreements between the CONSULTANT and the persons or entities identified in this Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the COUNTY upon request (3) If the CONSULTANT believes or is advised by other professionals retained to provide services on the Project that implementation of any instruction received from the COUNTY would cause a violation of any applicable law, the CONSULTANT shall notify the COUNTY in writing. The CONSULTANT shall not be obligated to perforin any act which he believes will violate any applicable law. SECTION III - COUNTY OBLIGATIONS The COUNTY agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: Page 1 of 7 H:\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc dd SECTION XIX - ENTIRETY OF AGREEMENT A. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. B. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto. C. This Agreement, regardless' of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2014. OWNER: BOARD OF COUNTY COMMSIONERS INDIAN RIVER COUNTY, FLORIDA Peter D. O'Bryan, Chairman Approved by BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk p oy d as Norm and gal' Sufficiency: Dylan Reingold, County Attorney Approved: Joseph A. Baird, County Administrator ;e7of7 CONSULTANT COMPANY NAME: Atelier Architecture Engineering Constrution Incorporated Vivian Salaga, AIA Witnessed by: Printed Name M:\Bids\2013-2014 FY (2014000)\2014020 Architectural Services for Archie Smith Fish House Restoration\Agreement with ALTIER.doc 45 County will provide and pay for: • Hard copies of all record, existing conditions, as built drawings, in their possession • Permit drawings from local permitting agencies • Boundary (topographic) surveys when required • CD of scanned drawings • Access to the project site SECTION IV - COMPLETION The consultant shall provide a written evaluation and recommendation statement of findings for consideration by the Board of County Commissioners. If it is the decision of the Board to proceed with subsequent phases of work, a separate scope of work will be developed and the fee shall be negotiated in good faith between both parties. Subsequent phases shall be approved and agreed through the issuance of a work order for the work and a separate notice to proceed. SECTION V - TIME FOR COMPLETION Time is of the essence the Consultant shall make all efforts to complete the work described as quickly as is possible. Commencement dates shall be established in a "Notice to Proceed" from the COUNTY. SECTION VI — COMPENSATION (1) Compensation: The COUNTY agrees to pay and the CONSULTANT agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following: (a) Design — Fee for planning, design and permitting for restoration of the historic Archie Smith Fish House at 1740 N. Indian River Drive in Sebastian, Florida, including restoration of an accessory boat dock and icehouse, in accordance with conditions, timeframes and specifications set forth in Historic Preservation Grant Award Agreement S1429 attached hereto as Exhibit A, and will be invoiced monthly. Fee for this portion of the work shall not exceed $ 99,000.00 without written authorization of the County. The fee schedule shall remain in effect for the duration of the project. (b) Reimbursable Expenses: Reimbursable expenses, including prints, copies, mail, Fed -Ex, application fees, etc. shall be paid by the CONSULTANT, and then reimbursed by the COUNTY with a 1.15 mark-up; or paid directly by the COUNTY. (2) Payment Schedule (a) The COUNTY shall make monthly partial payments to the CONSULTANT. Payments shall be in proportion to the percentage of work completed for each Phase of work provided, and payments Page 2 of 7 1-1'.\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc 46 shall also include all reimbursable costs for the billing period. Retainage may be withheld in accordance with "Section IX —Partial Payments". (b) The value of each Phase of the CONSULTANTS work and product deliverables shall be in accordance with the phases outlined in Section VI compensation listed above. (c) The payments shall be due in accordance with F.S. 218, Local Government Prompt Payment Act. (3) Additional Services Fee: The COUNTY agrees to pay for additional services, approved by the COUNTY in writing, that are outside or beyond the scope of services identified above in accordance with the approved hourly rate schedule ("Exhibit B"). See "Section VII — Additional Work" and "Section VIII — Extra Work". SECTION VII - ADDITIONAL WORK (1) Compensation for Additional Work shall be at a price to be negotiated between the CONSULTANT and the COUNTY, based on the CONSULTANT'S approved hourly rate schedule (shown in "Exhibit B" of attached proposal). SECTION VIII - EXTRA WORK (1) In the event extra work is necessary by the CONSULTANT due to a change in scope of the project, and upon the issuance of an amendment to this Agreement for said Extra Work by the COUNTY, said Extra Work may commence upon receipt of a separate Notice to Proceed. (2) Compensation for Extra Work shall be at a price to be negotiated in good faith between the CONSULTANT and the COUNTY. SECTION IX - PARTIAL PAYMENTS (1) (2) (3) The COUNTY shall make monthly partial payments to the CONSULTANT. The CONSULTANT shall submit duly certified invoices to the COUNTY'S Project Manager. Due to the relative short time expected to complete the review, evaluation and report phase of this project no retention shall be held on progress payments. SECTION X — RIGHT OF DECISIONS (1) All services shall be performed by the CONSULTANT to the satisfaction of the COUNTY'S Project Manager, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement and according to the prosecution and fulfillment of the service hereunder, and the character, quality, amount and value thereof, and the Project Manager's decision upon all claims questions and disputes shall be final conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. (2) Adjustments of compensation and time because of any major changes in the work that might become necessary or be deemed desirable as the work progresses shall be reviewed by the COUNTY'S Project Manager. In the event that the CONSULTANT does not concur in the judgment of the COUNTY'S Project Manager as to any decisions made by him, he shall present his written objections to the County Administrator; and the COUNTY'S Project Manager and the Page 3 of 7 H:\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contractdoc d7 CONSULTANT shall abide by the decision of the County Administrator of Indian River County, unless the decision is clearly arbitrary or unreasonable. The CONSULTANT may appeal the decision to the Board of County Commissioners. SECTION XI - OWNERSHIP AND REUSE OF DOCUMENTS (1) Ownership All reports, tracings, plans, specifications, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement shall become the property of the COUNTY and shall be made available by the CONSULTANT at any time upon request of the COUNTY. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the Director of the Public Works Department. (2) Reuse of Documents All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. Any such utilization or adaptation will entitle the CONSULTANT to further compensation at rates to be agreed upon by the COUNTY and the CONSULTANT. The CONSULTANT shall not be held liable for any reuse of the documents and shall not be held liable for any modifications made to the documents by others. SECTION XII - NOTICES Any notices, reports or other written communications from the CONSULTANT to the COUNTY shall be considered delivered when posted by certified mail or delivered in person to the COUNTY'S project manger. Any notices, reports or other communications from the COUNTY to the CONSULTANT shall be considered delivered when posted by certified mail to the CONSULTANT at the last address left on file with the COUNTY or delivered in person to said CONSULTANT or his authorized representative. Such in person deliveries shall be evidenced by signed receipts. SECTION XIII — TERMINATION The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party or if the COUNTY determines it not in the public interest to continue this Agreement. In the event of any terminations, the CONSULTANT will be paid for all services rendered to the date of termination, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the CONSULTANT as a result of such termination. The CONSULTANT will deliver to the COUNTY all work performed prior to termination of the Agreement. Page 4 of 7 H:\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc 48 SECTION XIV - AUDITS The COUNTY reserves the right to audit the records of the CONSULTANT related to this Agreement at �•- any time during the execution of the work included herein and for a period of one year after final payment is made. SECTION XV - SUBLETTING The CONSULTANT shall not sublet, assign, or transfer any work under this Agreement without the written consent of the COUNTY. When applicable and upon receipt of such consent in writing, the CONSULTANT shall cause the names of the architectural firm or engineering firms, responsible for the major portions of each separate specialty of the work to be inserted on reports or other data. SECTION XVI - WARRANTY The CONSULTANT warrants that he has not employed or retained any company or person other than bona fide employees working solely for the CONSULTANT to solicit or secure this Agreement and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the DESIGNER any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this Agreement. For breach violation of this warranty, the COUNTY shall have the right to annul this Agreement without liability. SECTION XVII - DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof or until completion of all project phases as specified by the COUNTY'S Project Manager, whichever occurs later, or unless otherwise terminated pursuant to Section XIII of this Agreement. SECTION XVIII - INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. (1) CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or sub -consultants. The cost of such insurance shall be included in the CONSULTANT's Basic Compensation. Architects and Engineers under subcontract with the CONSULTANT shall have their own Professional Liability Insurance. (2) Minimum Scope of Insurance Page 5 of 7 +1 \2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc AO (3) (a) Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. (b) General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. COUNTY shall be an additional insured. Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non -owned vehicles. COUNTY shall be an additional insured. (c) Auto Liability $1,000,000 combined single limit per accident for bodily injury and property damage for owned and non -owned vehicles. COUNTY shall be an additional insured. (d) Professional Liability Insurance providing coverage for negligent, reckless or intentional acts, errors, or omissions committed or alleged to have been committed by CONSULTANT with a limit of $500,000 per claim/annual aggregate. There shall be no more than $15,000 deductible per claim amount unless the CONSULTANT provides a Certified Copy of a financial report which has been approved by the County Risk Manager. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect and consequential damages. Any deductibles or self insured retentions greater than $15,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the CONSULTANT. (4) CONSULTANT'S insurance coverage shall be primary. (5) All above insurance policies shall be placed with insurers with a Best's rating of no less than A - VII. The insurer chosen shall also be licensed to do business in Florida. (6) The insurance policies procured shall be "Claims Made" policies or as generally available on the open insurance market. (7) The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. (8) The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate said policies of insurance. (9) CONSULTANT shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. (10) CONSULTANT hereby agrees to indemnify Indian River County and Representatives thereof from all claims arising solely from negligent, reckless or intentional acts, errors or omissions of the CONSULTANT or CONSULTANT'S REPRESENTATIVES in the performance of Professional Services under this Agreement and for which CONSULTANT is legally liable. Page 6 of 7 H:\2014 PROJECTS (14xx)\1406\Admin\ASFH restor design ATELIER draft contract.doc 50 RECE1L JUL 1 0 2014 o44/15-lav1-4 CLERK TO T HE BOARD g• cc • EXHIBIT A Archie Smith Fish House Restoration Historic Preservation Grant Award Agreement S1429 - 20 - Page 1 of 23 Historic Preservation Grant Award Agreement Development Projects (Matching) Reimbursement S1429 This AGREEMENT is between the State of Florida, Department of State, Division of Historical Resources, hereinafter referred to as the Department, and the Indian River County., hereinafter referred to as the Grantee, relative to the Archie Smith Fish House Restoration, hereinafter referred to as the Project. The Department is responsible for the administration of grants-in-aid assistance for historic preservation purposes under the provisions of Section 267.0617, Florida Statutes. The Grantee has applied for grant-in-aid assistance for the Project. The application, incorporated by reference, has been reviewed and approved in accordance with Chapter 1A-39 Florida Administrative Code, which regulates Historic Preservation Grants -in -Aid. Pursuant to Line Item Number 3116, contained in the 2013 -- 2014 General Appropriations Act, SB -1500, Laws of Florida, the Department enters into this Agreement with the Grantee under grant number S1429, for the purposes as described in Section I. Subject to the limitations set forth in this Agreement, grant-in-aid funds in the amount of $49,500 (forty- nine thousand, five hundred dollars) have been reserved for the Project by the Department. The Department and the Grantee agree as follows: I. The Project shall include the following Approved Scope of Work: Work will be for the development of detailed restoration plans and construction drawings for the Archie Smith Fish House. A historic preservation architect and engineer shall be hired for the following services: A. Conduct facilities analysis and structural evaluation B. Research and document history of structure C. Develop as -built drawings D. Develop detailed restoration plans E. Develop detailed construction drawings and bid specifications F. Prepare permit applications and obtain necessary approvals G. All contracted services shall be procured from a qualified contractor and all proposals and contracts for consultant services shall be submitted by the Grantee to the Division for review and approval, prior to the execution of the contract. H. Progress and Expenditure Reports will be submitted to the Division; the Final Progress and Expenditure Report is due no later than July 31, 2014. II. Approved Project Budget. A. In carrying out individual work items within the Approved Scope of Work, expenditures of grant funds and contributions of match resources shall be consistent with the following Approved Project Budget:. Item Work Item Description Grant Amount Match Amount Match Type Total Work Item Cost 1 Structural Assessment $12,500 $12,500 Cash $25,000 2 Mechanical Engineering $3,500 53,500 Cash 57,000 3 Architectural Restoration Plans $22,500 $22,500 Cash $45,000 4 Permit Applications and Bid $11,000 $11,000 Cash $22,000 Total 549,500 $49,500 $99,000 DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 2 of 23 B. Should grant expenditures exceed the budgeted grant amount for any work item by more than 20%, the Grantee shall be required to submit a proposal for revision of the Approved Project Budget with a written explanation for the reason(s) for deviation(s) from the original Approved Project Budget to the Department for review and written approval. III. The Grantee agrees to administer the Project in accordance with the GENERAL AND SPECIAL CONDITIONS GOVERNING SMALL MATCHING GRANTS AND THE ADMINISTRATIVE INSTRUCTIONS FOR HISTORIC PRESERVATION PROJECT ACCOUNTABILITY as outlined in Section IV and V; Chapter 1A-39, Florida Administrative Code; and the following specific conditions: A. This grant becomes effective on July 1, 2013 and ends on June 30, 2014. This agreement must be signed by the grantee and received in Department offices by November 15, 2013, to avoid forfeiture of award. Project initiation (encumbrance of funds), as evidenced by grantee execution of a binding contract for all or part of the Approved Scope of Work in Section I above, shall occur by December 31, 2013, except as allowed in C. and D. below. All grant funds and match shall be expended and all project work shall be completed by June 30, 2014, except as allowed in E. below. B. The Grantee agrees to submit the Final Products and the "Final Project Progress & Expenditure Report" incorporated herein by reference and available online at www.flheritage.com/grants, as specified in Section VI, Subparagraph B.2., by July 31, 2014. No costs incurred prior to July 1, 2013 are eligible for payment from grant funds. No costs incurred after June 30, 2014 are eligible for payment, except as allowed in E. below. C. Encumbrance Deadline Extension: A one-time thirty (30) day extension of the encumbrance deadline may be granted by the Department if requested in writing by the Grantee. To be eligible for this extension, the Grantee must demonstrate to the satisfaction of the Department that encumbrance of grant funding and the required match by binding contract(s) is achievable by January 31, 2014. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than November 30, 2013. No further extension of the encumbrance period shall be granted. Small Matching Grant projects for which full encumbrance of grant funding is not accomplished by the extended encumbrance end date will be terminated by the Department and all grant funds not expended by the Grantee in accordance with the provisions of the Historic Preservation Grant Award Agreement by the extended encumbrance period end date will be reallocated in accordance with Subsection 1A- 39.008(16), Florida Administrative Code. D. Encumbrance Deadline Exception: For projects not involving contract services (e.g., archaeological or other research projects conducted by universities, projects conducted by staff within State Parks, or small development projects involving repairs undertaken by volunteers), the grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. E. Grant Period Extension: A one-time thirty (30) day extension of the Grant Period may be granted by the Department if requested in writing by the Grantee. To be eligible for this extension, the Grantee must demonstrate to the satisfaction of the Department that project work is progressing at a rate that completion is achievable within the extended grant period. The Grantee's written request for extension must be submitted to the Department no later than thirty (30) days prior to the termination date of this Historic Preservation Grant Award Agreement. No further extension of the grant period shall be granted. F The Department shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the Department. The Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee, its agents, servants or employees. G. The Grantee, other than a grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the Department harmless from and against any and all claims or demands for damages, including attorney fees and court costs, resulting from personal injury, including death or damage to property, arising out of any activities performed under this Agreement, omissions to act or DOS Form No. HR3E 1208GAASM Reference: Rule 1A-39.009(1)(6), FAC Page 3 of 23 negligence of the Grantee, its agents, servants, or employees and shall investigate all claims at its own expense. H. The Grantee shall designate a Project Manager to serve as liaison with the Department for all administrative requirements set forth in this Agreement. The designated Project Manager for the Project is: Name: Roland M. DeBlois, AICP Mailing Address: Title: 1801 27th Street, Admin. Bld. A IRC Chief of Environmental Planning City: Vero Beach, FL Zip Code: 32960 Daytime Telephone: 772-226-1258 E-mail: rdebloiseircgov.com FAX 772-978-1806 I. The Project Schedule shall include but not be limited to the estimated milestone dates of the following date of architect selection, date of execution for architectural and engineering services agreement, date of completion of construction documents, bid date, contractor selection date, date of notice to proceed for construction, and date of substantial completion. It shall be the responsibility of the Grantee to provide Department grants staff with timely update of the Project Schedule if adjustment becomes necessary. Changes to the Project Schedule will require review and approval by the Department. Payment may be requested upon completion of activities as outlined in the Project Schedule and in accordance with approved project budget as outlined in II. A. 1. Project Schedule; Deliverables and Timeline; First Payment July 1, 2013 to October 30, 2013 a. Grantee will sign and execute the Grant Award Agreement b. Grantee will draft and finalize Requests for Proposals and select a project architect and engineer Second Payment November 1, 2013 to January 31, 2014 a. Grantee will execute all contracts pending prior approval from DHR b. Grantee will send a news release to local print and electronic media identifying the project's specifics as required in IV.A.I below c. Consultant will conduct a facility analysis and structural evaluation, and research and document the history of the structures. The Consultant will provide an analysis and history report to the County, to be review and submitted for approval from DHR Third Payment February 1, 2014 to March 31, 2014 a. Consultant will develop detailed construction drawings and bid specifications, to be submitted to DHR for review and approval Fourth Payment April 1, 20l3 to June 30, 2014 a. Consultant will obtain permit approvals for restoration b. Grantee will submit a press release to local print and electronic media upon completion of the project 2. Any proposed modification to the Project Schedule requires review and approval by the Department. The Grantee shall be solely responsible for all work performed and'all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution, as specified in Section V, Subparagraph A.3; and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and DOS Form No. HR3E120SGAASM Reference: Rule 1A-39.009(1)(6), FAC Page 4 of 23 that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. K. The Grantee shall submit architectural planning documents to the Department for review and approval on the schedule indicated in Subsection VI.C. Construction documents (plans and specifications) for the project shall be approved in writing by the Department prior to the execution of any contract for construction work. L. Projects involving ground disturbance (examples include: historic building or structure relocation, grading and site work, installation of sewer and water lines, subgrade foundation repairs or damp proofing, construction requiring construction of new foundations, installation of landscape materials), the Grantee shall ensure that the following requirements are included in all contracts for architectural and engineering services: I. The architect or engineer shall ensure the following: (a) Ground disturbance around historic buildings or elsewhere on the site shall be minimized, thus reducing the possibility of damage to or destruction of significant archaeological resources. (b) If an archaeological investigation of the Project site has not been completed, the architect or engineer shall contact the Department for assistance in determining the actions necessary to evaluate the potential for adverse effects of Project ground disturbing activities on significant archaeological resources. (c) Significant archaeological resources shall be protected and preserved in place whenever possible. Heavy machinery shall not be allowed in areas where significant archaeological resources may be disturbed or damaged. (d) When preservation of significant archaeological resources in place is not feasible, a mitigation plan shall be developed in consultation with and approved by the Department's Compliance Review Section (contact information available online at www,flheritage.com). The mitigation plan shall be implemented under the direction of an archaeologist meeting the Secretary of the Interiors' Professional Qualification Standards for Archeology (available online at www.nps.gov/historv/local-law/arch stndsj.htm). (e) Documentation of archaeological investigation and required mitigation actions shall be submitted to the Compliance Review Section for review and approval. This documentation shall conform to the Secretary of the Interior's Standards for Archaeological Documentation, available online at www.nps.gov/history/local-law/arch stnds 7.htm, and the reporting standards of the Compliance Review Section set forth in Chapter 1A-46, Florida Administrative Code. 2. With prior written approval from the Department, archaeological consulting services costs required to identify and evaluate archaeological resources in areas of ground disturbance, and required to carry out the provisions of an approved mitigation plan, will be eligible for grant expenditure or contribution to the required match. M. The Grantee agrees that all acts to be performed by it in connection with this Agreement shall be performed in strict conformity with all applicable laws and regulations of the State of Florida. N. The Grantee shall coordinate consultation between its professional consultants and appropriate Department staff representatives as necessary to assure mutual understanding of and agreement on the objectives, requirements, and limitations of the Project in relation to the State Historic Preservation Program. O. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. The Grantee shall not charge the Department for any travel expense without the Department's prior written approval. Upon obtaining the Department's written approval, the Grantee shall be authorized to incur travel expenses for airfare, vehicle rental, mileage and DOS Form No. HR3E 1208GAASM Reference: Rule IA -39.009(1)(6), FAC Page 5 of 23 lodging to be reimbursed in accordance with Section 112.061, Florida Statutes. Per diem for meals is not an allowable grant expenditure or contribution to the required match. P. The Grantee recognizes that the State of Florida, pursuant to Section 212.08(6), Florida Statutes, is not required to pay taxes on any goods or services that may be provided to it pursuant to this Agreement. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the Department has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, the total grant shall be reduced in proportion to the revenue shortfall. Q. R. All project work must be in compliance with the Secretary of the Interior's Standards available online at www.nps.Eov/history/standards.htm. S. The Department shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. T. The products of the Project must be the original work of the Grantee or its consultants. If the work of others is used as background information, it shall be appropriately credited to the originator. IV. General and Special Conditions Governing Grants All expenditures in connection with projects approved for assistance under the historic preservation grant program are subject to the provisions of Chapter 267, Florida Statutes; the National Historic Preservation Act of 1966, as amended; other applicable State and Federal laws, rules and regulations; the general conditions listed below; and special conditions attached to the Agreement. Applicability These conditions are applicable to the Grantee and to any consultants, contractors, or employees to which grant-in- aid funds are paid (including but not limited to architects, engineers, archaeologists, historians, contractors, construction managers, suppliers, vendors, etc.). Failure by the Grantee to comply with the conditions of grant assistance will be considered to be noncompliance. A. General Conditions 1. Grantee Publicity Requirements. In order to insure a wide public awareness of local preservation projects and historic preservation in general, the Grantee shall meet the following requirements regarding publicity of the project: a. At the outset of the project, a news release shall be sent by the Grantee to local print and electronic media identifying the project's specifics including the source(s) of grant funds, name of the project, nature of the project, and its benefits to the community. A copy of the news release(s) shall be submitted to the Department. b. Upon completion of the project, the Grantee shall issue another news release to local print and electronic media. c. There shall be an effort on the part of the Grantee to encourage publication of one or more feature stories on the Grantee's project by a newspaper, magazine or television program of at least local circulation. The Grantee shall provide the Department with a copy of any ensuing articles or a written statement identifying the date and network of any television broadcast(s). In the event that such efforts are unsuccessful, the Grantee shall provide the Department with copies of correspondence with newspapers, magazines or television stations indicating the Grantee has requested such a feature story, or written certification from the Grantee to the Department that such an effort was made. DOS Form No. HR3E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 6 of 23 d. During the course of the project, the grantee is encouraged to inform elected officials, including state officials, mayors, and city and county commissions, by letter of the nature and benefits of the project. e. In the case of rehabilitation or restoration projects, the Grantee should also make an effort, where appropriate in the judgment of the Grantee, to publicize the project and the source of grant assistance (at any stage of the project) to the community through a dedication or other public ceremony of some nature. f. State Funded Projects: All news releases and promotional materials relating to State funded projects shall contain acknowledgment of grant assistance, substantially as follows (reference: Section 286.25, Florida Statutes): This project [publication] has been financed in part with historic preservation grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. 2. Amendments to the Historic Preservation Grant Award Agreement. All amendments to the Historic Preservation Grant Award Agreement for the project shall be in writing and fully executed by both parties. Amendments will be prepared by the Department, either at its own initiative or upon approval of the written request of the Grantee. 3. Changes in Approved Scope of Work. The Grantee may not, without formal amendment of the Historic Preservation Grant Award Agreement, make changes in the scope of the project that would be inconsistent with the Approved Scope of Work as stipulated in Section I. of the Historic Preservation Grant Award Agreement or make any changes that might result in a deviation from the intent of the legislation that authorized the award of the grant. In the event of uncertainty, questions should be referred to the Department for final determination. 4. Project Supervision. The Grantee will assure that competent and adequate professional supervision and inspection are provided and ensure that the completed work conforms to the approved standards and specifications. 5. Conflict of Interest. The Grantee shall comply with the laws of the State of Florida governing conflict of interest and standards of ethical conduct. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds unless specifically authorized in writing by the Department prior to expenditure of said grant funds. 6. Dual Compensation. If a Grantee staff member or consultant is involved simultaneously in two or more projects supported by State or Federal funds, and compensation on either project is based upon percentage of time spent, he or she may not be compensated for more than 100 percent of his/her time during any part of the period of dual involvement. 7. Contingent Fees. No person, agency, or other organization may be employed or retained to solicit or secure a grant or contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee. For breach or violation of this prohibition, the Department shall have the right to annul the grant without liability or, at its discretion, to deduct from the grant or otherwise recover the full amount of such commission, percentage brokerage or contingent fee. or to seek such other remedies as may be legally available. 8. Use of Individual Consultants. No project funds shall be used for the payment of fees to individual consultants without the written authorization of the Department. The procurement of individual consultant services must be justified and documented in accordance with the Administrative Instructions for Historic Preservation Project Accountability contained in Section V. In no case will consultant fees DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 7 of 23 over and above regular salary be paid to employees of the Grantee organization or of professional firms or organizations whose services have been properly procured by the Grantee for the project. The Grantee will not use any project funds to pay travel expenses of employees of the Florida Department of State or Federal government for lectures, attending program fimetions, or any other activities in connection with the project. 9. Civil Rights Compliance. The Grantee will assure that the project is administered in conformance with the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended. Title VI of the Civil Rights Act of 1964 states that no person will, on the grounds of race, color, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973 requires that no qualified disabled individual is solely, by reason of disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal financial assistance. The Age Discrimination Act of 1975 prohibits discrimination on the basis of age under any program or activity receiving Federal financial assistance. Every grantee is required to submit a Civil Rights Assurance of Compliance Form. No grant awards may be made without a Civil Rights Assurance of Compliance Form on file. 10. Discrimination in Employment Prohibited. In all hiring or employment in connection with the project, each employer (1) will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin, and (2) will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, age, or national origin. In addition, no qualified person shall, on the basis of disability, be subject to discrimination in employment in the grant assisted project. These requirements apply to, but are not limited to, the following: employment, promotion, demotion or transfer; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee and its consultants or contractors will comply with all applicable statutes and Executive Orders on equal employment opportunity and grant awards will be govemed by the provisions of all such statutes and Executive Orders, including enforcement provisions. 11. Religious Institutions. If the project involves a place of worship or faith -based organization or property, the Grantee will assure that neither the execution of nor the public benefit resulting from the project require involvement or participation in religious services or activities. 12. Political Activities. No expenditure of project funds may be made for the use of equipment or premises for political purposes, sponsoring or conduction of candidate's meeting(s), engaging in voter registration or voter transportation activity, or other partisan political activities. 13. Hatch Act. No officer or employee of the State whose principal employment is in connection with any activity which is financed in whole or in part with grant assistance shall take part in any of the political activity proscribed in the Hatch Political Activity Act. 5 USC 1501 et. seq., as amended, with its stated exceptions. 14. Lobbying Activity. No part of the project funds shall be used, either directly or indirectly, to pay for any personal service, advertisement, telegram, telephone, letter, printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress or the State Legislature, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress or the State Legislature, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation, as proscribed in 18 USC 1913. 15. Safety Precautions and Liability. The Department assumes no responsibility with respect to accidents, illness, or claims arising out of any work performed under a grant supported project. The Grantee is expected to take necessary steps to insure or protect itself and its personnel and to comply with the applicable local, State or Federal safety standards, including those issued pursuant to the National Occupational Safety and Health Act of 1970 (see 20 CFR 1910). 16. Reports, Records, and Inspections. The Orantec will submit financial, project progress, evaluation, and other reports as required by the Department and will maintain such property, personnel, financial, and other records and accounts as are deemed necessary by the Department to assure proper accounting for all DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 8 of 23 program funds. The Grantee, its consultants and contractors will permit on-site inspections by Department representatives and will effectively require employees to furnish such information as, in the judgment of the Department representatives, may be relevant to a question on compliance with grant conditions and the effectiveness, legality, and achievements of the program. 17. Examination of Records. The Secretary of State of the State of Florida and the State Auditor General, or any of their duly authorized representatives, shall have access for the purpose of financial or programmatic audit and examination to any books, documents, papers, and records of the Grantee that are pertinent to the grant at all reasonable times during a period of five years following completion of the project, or until all claims or audit findings have been resolved. 18. Disclosure of Information. The Historic Preservation Grant Award Agreement may be canceled by the Department without prior notices for refusal by the Grantee to allow public access to all documents, papers, letters or other material relating to the project, in accordance with the provisions of Chapter 119, Florida Statutes, and with the Freedom of Infortnation Act, 5 USC 552 as amended by Public Law No. 104-231, 110 Stat. 3048, 19. Compliance with Environmental Protection Laws and Regulations. No project funds shall be used for project work involving ground disturbance, modification of land use patterns, new construction, or other known or potential alteration of the natural environment that does not conform to State and Federal laws and regulations relating to protection of the natural environment, including but not limited to the National Environmental Policy Act of 1969, as amended, 42 USC 4321 et. seq., establishing national policy goals and objectives for protecting and enhancing the environment. 21. Energy Conservation. The Grantee shall promote energy conservation and utilize to the maximum extent practicable the most energy efficient equipment, materials, construction methods, and operating procedures available in the accomplishment of project work. 22. Convict Labor. The Grantee or its contractors may utilize the labor of State prisoners in authorized work release, parole or probation programs in the accomplishment of work. In accordance with Executive Order 11755, as amended no person undergoing a sentence of imprisonment at hard labor shall be employed on grant assisted project work. Convict labor shall be recorded in the Project Progress & Expenditure Report and shall be supported by a signed statement from the supervising individual, attesting to the number of laborers and the number of donated hours. 23. Minority Businesses. The Grantee shall encourage greater economic opportunity for minority business enterprises, as defined in Section 288.703, Florida Statutes, in accomplishment of project work. To the maximum extent possible, the Grantee and its consultants or contractors will take affirmative steps to assure that minority businesses are used as sources of supplies, equipment, construction, and services. Affirmative steps shall include but not necessarily be limited to the following a. Inclusion of qualified minority businesses on solicitation lists; b. The assurance minority businesses are solicited whenever they are identified as potential sources; c. The division of total requirements, when economically feasible, into small tasks; or quantities to permit maximum participation of minority businesses; d. The establishment of reasonable delivery schedules when feasible, so as to encourage participation by minority businesses; and e. Utilization of the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce. B. The following special conditions apply to grant assisted projects involving the acquisition, preservation, protection, restoration, rehabilitation, stabilization, or construction of a site, building, structure, or object. 1. Accessibility for the Disabled. The Grantee shall ensure that the grant assisted property meets the requirements of the Americans with Disabilities Act, Public Law 101-336; Section 25.21, Florida Statutes; and Part 11, Chapter 553, Florida Statutes regarding accessibility for the disabled. DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 9 of 23 Specifications for project work must conform to the Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped published by the American National Standards Institute and the Secretary of the Interior's Standards for Rehabilitation. 2. Project Identification Sign. When grant assistance is provided for acquisition or development work, a project identification sign will be displayed in a prominent location at the project site while project work is in process. The sign must be a minimum of eight (8) square feet in size (usually 2x4 feet), be constructed of plywood or other durable material, and identify the project and source of grant support. Any variation in the above specifications must be approved by the Department. The sign shall contain the following acknowledgment of grant assistance: This project has been financed in part with Historic Preservation Grant assistance provided by the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, assisted by the Florida Historical Commission. The costs of preparation and erection of the project identification sign are allowable project costs; routine maintenance costs of signs are not allowable. A photograph of the project identification sign at the project site shall be submitted to the Department. V. Administrative Instructions for Historic Preservation Project Accountability These instructions are intended to assist historic preservation grant recipients in meeting the accounting and public benefit requirements of the historic preservation grants-in-aid programs administered by the Department. Grantee Administrative and Reporting Requirements Grantees are responsible for maintaining financial records and project progress reports as outlined below. These records and reports shall be retained for a period of five (5) years following completion of the project, or until such time as any litigation, claims, or audit questions arising from examination or audit initiated prior to expiration of the five year period are finally resolved. All Grantee project records and reports are subject to public disclosure under the provisions of Chapter 119, Florida Statutes, and the Freedom of Information Act, 5 USC 552 as amended by Public Law 104-231, 110 Stat. 3048. A. Financial Records. Financial records must be adequate to account for the receipt and expenditure of all project funds, and to demonstrate compliance with required procedures. Grantee financial records are subject to audit by State auditors. Inadequate, incomplete or incorrect project financial records may result in ineligibility for grant assistance. Financial records shall include, but are not limited to: Documentation of Project Expenditures. Project expenditures are direct cash value project costs that are reimbursable, are paid for using grant assistance provided by the Department, and cash value or in- kind contributions to the required match. Department grant assistance is authorized for payment of 50% of allowable project costs, within the dollar limits of the grant, as specified in the Historic Preservation Grant Award Agreement. Grantee financial records shall include complete documentation pertaining to the application for grant assistance, the award of the grant, the Historic Preservation Grant Award Agreement, and the receipt and deposition of grant funds. 2. Match. Match may be provided in the form of cash expenditures or the value of materials and services donated in-kind for use in the direct accomplishment of authorized project. Match may be derived from any other sources available to the grantee, with the following exceptions: (a) Funds from other Federal funding programs cannot be used to match grant assistance funds derived from the Federal Historic Preservation Fund apportionment to the State of Florida. (This restriction does not apply to Community Development Block Grants, Urban Development Action Grants, or Revenue Sharing Funds). (b) State funds from grants awarded by any division within the Department cannot be used to match grant assistance from funds appropriated by the Florida Legislature. a. Grantee financial records shall clearly identify the source, amount, and date of receipt of all cash funds and donated values applied to the project. Receipts shall be recorded as they occur. DOS Form No. HR3EI208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 10 of 23 b. Donated services shall be valued at the Federal minimum wage rate, unless the services donated are those normally provided by the donor in his or her profession or trade, in which case they may be valued at rates consistent with those paid for similar work in the local labor market area. c. Donated materials shall be valued at the donor's cost or the fair market value at the time of donation, whichever is less. 3. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project. Every effort must be made to use small business firms, minority owned firms, women's business enterprises, and labor surplus areas. a. Instructions for Procurement of Goods and Services for Smaller Projects (Including Professional Services and Construction) for Individual Purchases or Contract Amounts not exceeding $20,000. For individual purchases or contract amounts not exceeding $20,000, the Grantee must use the applicable procurement method described below: b. (I) Small Purchase Procedures I (Purchases Up to $2,500). Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. (2) Small Purchase Procedures II (Purchases or Contract Amounts Between S2,500 and S20,000). Goods and services costing between $2,500 and $20,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals, or other appropriate procurement document, provided that the Grantee: (a) Receive written or documented verbal quotes or proposals from two (2) or more competitors; (b) Develop and implement a process for evaluating proposals and document application of that process for selection (e.g., for construction work, your selection may be based on the lowest responsible proposal amount, while for professional services, selection should be based on task -specific criteria and committee review and ranking of proposals). (c) (d) Provide prospective vendors with a basic description of the goods and services required; and Secure written approval from the Department prior to acceptance of proposal or execution of contract. Instructions for Procurement of Goods and Services (Including Architectural, Engineering and other Consultant Services) for Contracts Exceeding S20,000). For individual contract amounts exceeding $20,000, the Grantee must use the applicable procurement method described below: (1) Competitive Selection ($20,000 - $35,000). Goods and services greater than $20,000 but less than $35,000 must be procured in the following manner: (a) For procurement of professional services, solicit written qualifications submissions from two (2) or more competitors; (i) Identify all significant evaluation factors and their relative importance in the request for qualifications. (ii) Indicate in solicitation that public funds are involved. (iii) Develop and distribute detailed project specifications with the solicitation. (iv) Establish a review committee to evaluate and rank qualification submissions; DOS Form No. HR3E1208GAASM Reference: Rule IA -39.009(1)(b), FAC Page 11 of 23 (v) Select the most qualified competitor based on the established evaluation criteria (Option: Conduct an initial ranking to "short list" competitors and interview the top three for final ranking); (vi) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor. (b) For procurement of goods and services other than professional services, solicit written quotes from two (2) or more competitors; (i) Indicate in solicitation that public fiords are involved. (ii) Develop and distribute detailed project specifications with the solicitation. (iii) Select the responsible and responsive vendor that submits the lowest responsive bid. (iv) Draft contract which incorporates the vendor's proposal and the detailed project specifications referenced in ii. above. (c) Secure written approval from the Department prior to execution of contract. c. Competitive Negotiation ($35,000 and up) for Architectural, Engineering, Landscape Architecture, Surveying and Mapping Services Only. Architectural, engineering, landscape architecture, surveying and mapping services in excess of $35,000 must be procured in the following manner. For procurement of all other types of goods and services in excess of $35,000, see d. and e. below. (1) Advertise with a Request for Qualifications (RFQ) to secure qualification submittals for professional services from two or more competitors; (a) Publicize the request through notices in local newspapers of general circulation or trade journals, in addition to individual solicitations. (b) Identify all significant evaluation factors and their relative importance in the request for qualifications. (c) Indicate in RFQ that public funds are involved. (2) Establish a review committee to evaluate and rank qualification proposals; (3) Conduct an initial ranking based on the established evaluation criteria to "Short list" competitors and interviews the top three for final ranking; (4) Post ranking and intent to enter into contract with the top ranked competitor for 72 hours before initiating contract negotiations. (5) Enter into contract negotiations with the top ranked competitor. If negotiations are unsuccessful with this competitor, proceed to the next ranked competitor; (6) Secure written approval from the Department prior to execution of contract. Please Note: Departments or agencies of the state and units of county, municipal or other local government must always procure professional architectural, engineering, landscape architectural, or land survey and mapping services in accordance with the provisions of the Consultants Competitive Negotiations Act", Section 287.055, Florida Statutes. d. Instructions for Procurement Using Competitive Sealed Bids (Procurement of Commodities and Services Exceeding $35,000). Except as noted in 3.a. and 3.b. above, and 3.e. below, contracts for procurement of commodities and services (exclusive of architectural, engineering, landscape architecture, surveying and mapping services) shall be undertaken on the basis of sealed bids. DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 12 of 23 (1) Sealed bids shall be solicited through formal advertisement in a newspaper of local or area circulation including: (2) (3) (a) A statement of the contractual services required, and notice of the time and place of public bid opening; (b) Instructions on how to obtain detailed bid documents or procurement specifications (which must include all contractual terms and conditions applicable to the procurement); and (c) A statement that public funds are involved. Select the responsible and responsive vendor that submits the lowest responsive bid. Post ranking and intent to enter into contract with the selected vendor for 72 hours before formalizing selection. (4) Draft contract which incorporates the vendor's offer and the detailed project specifications referenced in (2) above. (5) Secure written approval from the Department prior to execution of contract. e. Instructions for Procurement Using Competitive Sealed Proposals (Procurement of Goods and Services Exceeding $35,000). This process shall be used for procuring consultant services other than architectural, engineering, landscape architecture, surveying and mapping (see 3.c. above) exceeding $35,000. (1) The request for proposals must include a statement of the contractual services required; the time and date for the receipt of proposals and of the public opening; (2) All contractual terms and conditions applicable to the procurement shall be included in the request for proposals, including the proposal evaluation criteria, which shall include, but need not be limited to, price, to be used in determining acceptability of the proposal. The relative importance of price and other evaluation criteria shall be indicated. (3) Post ranking and intent to enter into contract with the selected vendor for 72 hours before formalizing selection. (4) A contract will be awarded to the responsible and responsive vendor whose proposal is determined to be the most advantageous to the Grantee, taking into consideration the price and the other criteria set forth in the request for proposals. The contract file shall contain documentation supporting the basis on which the award is made. (5) Secure written approval from the Department prior to execution of contract. f. Qualification of Contractors. It is essential that the project be supervised and carried out by personnel possessing training and experience appropriate to the nature of the project. Grantees shall require, as a part of the bid or proposal package submitted by prospective contractors, documentation of the professional qualifications of the key personnel to be employed. Such documentation shall include, but not be limited to: (1) Resumes of academic training and employment in the applicable field; (2) Evidence of possession of required licenses or business permits; and (3) Evidence of any previous experience in projects of a similar nature, especially projects requiring compliance with the standards cited in Section III. Paragraph T. of the Historic Preservation Grant Award Agreement. DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC 8 - Page 13 of 23 Contract Provisions. In addition to provisions defining a sound and complete procurement contract, the Grantee shall ensure that the following contract provisions or conditions are included in all procurement contracts and subcontracts relating to the project (also refer to Section VII. Paragraph A. of the Agreement): (1) Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (2) All contracts shall contain suitable provisions for termination by the Grantee, including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. (3) All contracts and subcontracts awarded by the Grantee and its primary contractors shall assure equal employment opportunity. (4) Al! contracts (except those awarded by small purchases procedures) awarded by grantees shall include a provision to the effect that the Grantee, the Department, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcription. Grantees shall require contractors to maintain all required records for five years after grantees make final payments and all other pending matters are closed. h. Contract Pricing (1) Procurement by small purchase procedures or competitive negotiation methods may be priced on either a fixed -fee or cost reimbursable basis. (2) Procurement by the competitive sealed bid method shall be priced on a firm -fixed -fee basis. (3) Contracts for goods and services based on cost -plus -percentage -of -cost or percentage -of - construction -cost contracts are not allowable for grant -assisted work. (1) Procurement Documentation to be Submitted to the Department. The Grantee shall submit the following items to the Department as evidence of compliance with procurement procedures prior to the execution of any contract for project work: Copies of the solicitation for proposals or invitation to bid and all applicable bid documents, including construction plans and specifications, if required - to be submitted upon distribution or publication; (2) A summary of proposals or bids received and the basis for professional, consultant or contractor selection - to be submitted upon completion of the selection process; and A copy of the contract - to be submitted for review and approval by the Department prior to execution. A copy of the executed contract is to be submitted to the Department following approval and execution. (3) B. Project Progress and Expenditure Reports. The Grantee shall submit a Project Progress & Expenditure Report (incorporated herein by reference and available online at http://www.flhe itage.com/grants/) to the Department at the end of each quarter within the grant period except for the final quarter in which the Grantee shall instead submit a Final Project Progress and Expenditure Report. Project Progress and Expenditure Reports must be submitted quarterly for the duration of the project, or whether funds have been expended. Expenditures shall be incompliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and are available online at http://www.myfloridacfo.com/aadir/reference_guide/ DOS Form No. HR3E 1208GAASM Reference: Rule 1A-39.009(1)(6), FAC Page 14 of 23 2. Determination of Allowable Project Costs. The total project cost submitted by the Grantee might contain expenditures that are not allowable in determining the eligible costs in accordance with the provisions of the Agreement. The Department will review each Project Progress and Expenditure Report, and make its determination of the eligible expenditures on the basis of the following criteria: a. Allowable Project Costs. Allowable project costs shall include: (1) Costs incurred by contract for procurement of goods and services consistent with the Approved Scope of Work in Section I of the Agreement; (2) (3) Costs incurred by properly documented small purchase procedures; Costs incurred by the Grantee for the following items applied directly to elements of the Approved Scope of Work in Section I. of the Agreement: (a) Accounting: the cost of establishing and maintaining interest-bearing financial accounts directly relating to the Project; (b) Auditing: audit costs only as required by the Florida Single Audit Act (see Section VII. of the Agreement and Attachment A hereto). (c) Communications: specific charges for telephone, telegraph, or other communications services; (d) Employee salaries and benefits (only if included in the original grant application for the Project and only if documented by the Grantee to be specifically applicable to one or more items within the Approved Scope of Work); (e) Materials and supplies; (t) Procurement services: the cost of advertising, solicitation, processing, and administration of procurement contracts; (g) Reproduction: the cost of limited reproduction of reports, forms, and project documents; and (h) Travel: Travel costs will be allowed only if requested and approved during the application review process and if included in the Approved Scope of Work. If travel is approved, the Grantee shall be authorized to incur travel expenses for airfare, vehicle rental, mileage and lodging to be reimbursed in accordance with Section 112.061, Florida Statutes. Per diem or other reimbursement for meals is not an allowable grant expenditure. (4) The properly documented value of donated services and materials (see Subparagraph 3.(c) below). (5) The properly documented value of volunteer services directly relating to the accomplishment of the Project (volunteer work must be for one or more items included in the Approved Scope of Work — see Subparagraph 3.a. below). b. Non -allowable Project Costs. Costs not allowable as grant -assisted work or match contribution shall include: (1) Expenditures for work not included in the Approved Scope of Work included in the Agreement; (2) Costs of goods and services not procured in accordance with required procurement procedures; DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC (3) Page 15 of 23 Expenses incurred or obligated prior to or after the grant period (exception: emergency repairs as approved by the Division consistent with subsection 1A-39.009(3) of rule 1A-39, F.A.C.); (4) Expenditures for work not consistent with the applicable preservation standards (see Section II, Paragraph T); (5) Expenditures for Furniture and Equipment unless specifically authorized as a part of a grant project and included in the Approved Scope of Work; (6) Expenses associated with lobbying or attempting to influence federal, state, or local legislation, the judicial branch, or any state agency; (7) (8) (9) Private entertainment, food, beverages, plaques, awards, or gifts; Costs or value of donations or in-kind contributions not documented in accordance with the provisions of the Historic Preservation Grant Award Agreement; Project Administrative Expenditures, which exceed 10% of the grant award amount; (10) Costs for projects having as their primary purpose the fulfillment of federal or state historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended through 2000, or under section 267.031, Florida Statutes; (11) Projects which are restricted to private or exclusive participation, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, handicap, or marital status; (12) Grantee operational support (i.e., organization salaries, travel, supplies) (Note: project -specific travel costs may be allowed if requested and approved during the application review process and if included in the Approved Scope of Work); (13) Vehicular circulation and parking (Exception: provision of code -required handicapped parking pad and walkway); (14) Sidewalks, landscape features, planting, irrigation systems and site lighting (Exception: sidewalk required to link code -required handicapped parking pad to the accessible entry, planting required to halt erosion, and limited site lighting required for security, if included in the Approved Scope of Work); (15) Capital improvements to non -historic properties; (16) Capital improvements to the interior of religious properties (Exception: repairs to primary elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs); (17) Code -required accessibility improvements for religious properties; (18) Insurance costs (Exception: costs for builder's risk, workers compensation and contractor's liability insurance); (19) Purchase of equipment (other than equipment incorporated as capital improvements into a historic building during restoration or rehabilitation, and equipment required for a museum exhibit). If special equipment is required only for the grant period to complete the Project and said equipment is included in the Approved Scope of Work for the Project as an eligible grant expense, it shall be rented for the grant term; and (20) Grantee shall comply with Section 216.348, Florida Statutes, as applicable to the project. DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC - - ---._. �. . r .J..,.,.... (2) For authorized employee salaries (see V. B.2.a. (3)(d) above), the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 4. Documentation of Donated Materials and Services. The value of donated materials and volunteer services is not eligible for reimbursement by grant funds, but is allowable in determining the Grantee's match. a. For donated materials and services, the documentation indicated below is required. DOS Form No. HR3E 1208GAASM Referenrr• Rule 14-79 nR0/11/hl P4C Page 21 of 23 4. Suspension period. Suspensions will remain in effect until the Grantee has taken corrective action to the satisfaction of the Department or given written evidence satisfactory to the Department that corrective action will be taken, or until the Department terminates the grant. The grant shall be terminated by the Department if the Grantee fails to respond in writing to a notification of suspension within thirty (30) calendar days of receipt of such notification by the Grantee. B. Termination. Termination is the cancellation of grant assistance, in whole or in part, under a grant or project at any time prior to the date of completion. 1. Termination for cause. The Department shall have the authority to cancel this Agreement because of failure of the Grantee to fulfill its obligations under this Agreement or any other past or present grant award agreement with the Division of Historical Resources or any other Division within the Department of State. Satisfaction of obligations by the Grantee shall be determined by the Department. The Department shall provide the Grantee a written notice of default letter, The Grantee shall have fifteen (15) calendar days to cure the default, unless it is determined by the Department that the default is of a nature that cannot be cured. If the default is not cured by the Grantee within the stated period, the Department shall terminate this Agreement. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this Agreement, the Grantee will be compensated for any work satisfactorily completed in accordance with this Agreement prior to notification of termination. 2. Temnnation for convenience. The Department or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. 3. Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Department. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 4. Commitments. When a grant is terminated, the Grantee will not incur new obligations for the terminated portion after the notification of the effective date of termination. The Grantee will cancel as many outstanding obligations as possible. The Department will allow full credit to the Grantee for the Department's share of the noncancelable obligations properly incurred by the Grantee prior to termination. Costs incurred after the effective date of the termination will be disallowed. XIX. Unless there is a change of address, any notice required by this Agreement shall be delivered to the Bureau of Historic Preservation, Division of Historical Resources, Florida Department of State, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the Department, and to 1801 27th Street, Administrative Building A, Vero Beach, Florida 32960 for the Grantee. Unless the Grantee has notified the Department in writing by return receipt mail of any change of address, all notices shall be deemed delivered if sent to the above address. XX. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this contractual relationship. XXI.This instrument and the Attachments hereto embody the whole Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties. No change or addition to this Agreement and the Attachments hereto shall be effective unless in writing and properly executed by the parties. All written approvals referenced in this Agreement must be obtained from the parties' grant administrators or their designees. The Department and the Grantee have read this Agreement and the Attachments hereto and have affixed their signatures: DOS Form No. HR3E1208GAASM Reference: Rule IA -39.009(1)(b), FAC Page 22 of 23 DOS Form No. 1-1R3E1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 16 of 23 3. Documentation of Expenditures. Each quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report must include documentation of payment for each cash expenditure claimed during the reporting period. a. Grantees shall provide a detailed listing of each expenditure in the Cash Expenditure section of these reports, which contain the following information: (1) Check number; or if a cash payment, a copy of the paid receipt must be submitted; (2) Check date or date of cash expenditure; expenditures overlapping the grant period must be prorated; (3) The name of the payee or vendor for each expenditure paid by cash or check; (4) The expenditure amount; (5) The Approved Scope of Work category to which the goods or services contribute (see Section I.); and (6) The purpose of each expenditure; stated clearly and in sufficient detail for the Department to determine if the expenditure is allowable. b. The Grantee shall provide the following documentation of payment of expenditures listed in the Cash Expenditure section of the quarterly Project Progress and Expenditure Report and the Final Project Progress and Expenditure Report. (1) Copies of contractors' invoices itemizing the materials delivered, services rendered, work items completed, and the following forms of proof of payment by the Grantee: (a) (b) Copies of signed and dated receipts from the contractors/suppliers showing the date payments were received and the amounts received; and Copies of the front and back of the canceled checks; or (c) Exception: In cases when receipts and cancel checks cannot be provided, alternative documentation of proof of payment shall be provided as determined acceptable by the Department. Examples include: purchase orders, vendor logs, payment ledgers, etc. (d) Exception: Invoices for all expenditures must be included in the Final Project Progress and Expenditure Report but proof of payment shall not be required for request of the 10% retainage amount. Such proof of payment must be submitted to the Division within 30 (thirty) days after the date of issuance of the state warrant for the final grant payment. (2) For authorized employee salaries (see V. B.2.a. (3)(d) above), the following expenditure documentation is required: (a) A copy of the log indicating the dates and hours devoted to authorized project work signed by both the employee and his or her supervisor or the designated Project Manager; and (b) Copies of payroll registers for all pay periods claimed for each employee or the front and back of canceled checks for all pay periods claimed for each employee. 4. Documentation of Donated Materials and Services. The value of donated materials and volunteer services is not eligible for reimbursement by grant funds, but is allowable in determining the Grantee's match. a. For donated materials and services, the documentation indicated below is required. DOS Form No. HR3E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 17 of 23 Identification of each individual donating services or materials; Description of the work accomplished or type and amount of material donated; Approved Scope of Work category to which the services contribute (see Section I); The number of hours worked by each volunteer during the reporting period; Basis for hourly value of work for each volunteer. (a) State of Florida Minimum Wage at the time of donation for state funded grant projects; or (b) Federal Minimum Wage at the time of donation for federally funded grant projects; or (c) If the services donated are those normally provided by the donor in his or her profession or trade, they may be valued at rates consistent with those paid for similar work in the local labor market area. Attach a signed statement from the individual listing his/her qualifications to justify the higher donated value rate. (6) Volunteer services documentation for groups of volunteers or for documentation of multiple volunteer work sessions may be entered into a volunteer log containing the above information. Ensure that each work entry is signed by each volunteer. The Project Manager must sign all such documentation to confirm its accuracy. (7) (8) The total value of the volunteer services for the reporting period. For donated materials, the donor must document their fair market value in a written signed statement, which is also signed by the designated Project Manager. 5. Additional Documentation to be Included in Project Progress and Expenditure Reports. In addition to the documentation indicated in B.3. and B.4. above, each quarterly Project Progress and Expenditure Report shall include: a. A brief description of work accomplished in the previous three months; b. A description of any unusual problems or conditions encountered or any unusual methods, materials, or techniques employed; c. Copies of required documents (contracts, press releases, etc.) as applicable; and d. For construction projects, photographic documentation of construction work in -progress or completed work shall be included. 6. Final Project Progress and Expenditure Report. To be submitted within 30 days following completion of all project work, this report shall also include: a. A description and explanation of any variations between the planned project work and that actually accomplished; b. A description and explanation of any significant differences between the planned project budget and the actual project costs; c. Final products as specified in the Approved Scope of Work (Section 1 of the Historic Preservation Grant Award Agreement; d. Photographic documentation of completed construction work; and DOS Form No. HR3E120SGAASM Reference: Rule IA -39.009(1)(6), FAC Page 18 of 23 e. Required audit documents. VI. The Department agrees to pay the Grantee for 50% of the Grantee's total cash expenditures and donated values, so long as the Grantee's cash expenditures, documented by complete Project Progress and Expenditure Reports, equal or exceed the amount of donated values, up to a maximum payment of 549,500 (forty-nine thousand, five hundred dollars). If the donated values exceed the amount of cash expenditures, the Department shall only pay the Grantee for 100% of actual cash expenditures up to a maximum payment of 549,500 (forty-nine thousand, five hundred dollars). A. Requests for payment must be submitted in writing to the Department by the Grantee on the Payment Request Form (Form HR3EI2OSPRF), incorporated herein by reference and available online at www.flheritage.com/grants. The Grantee may request reimbursement of expenditures as documented in each required Quarterly Project Progress and Expenditure Report for work completed and timelines met as outlined in the Project Schedule. All requests for reimbursement must document expenditure of match resources In substantially equal portion to grant funds expended for the reporting period. More frequent Project Progress and Expenditure Reports may be submitted if a shorter reimbursement schedule is necessitated by rapid Project progress. 2. The disbursement schedules shall be subject to any special conditions required by the Office of the Chief Financial Officer of the State of Florida. The Department reserves the right to withhold payment if the Grantee fails to provide Project Progress and Expenditure Reports, if work completed or timeline are not met as outlined in the Project Schedule or is otherwise found to be in violation of any term(s) of this Agreement or other Agreements with the Department. 3. The Grantee shall submit a complete Project Progress and Expenditure Report on the schedule provided by the Department for the duration of the Project. All such reports shall provide accurate information regarding the status of project work, as well as accurate funding expenditure information. Reports that are incomplete or do not contain accurate information will not be approved and further grant payment requests will not be processed. 4. The Department shall evaluate all payment requests based on the implementation of the Project Schedule. Payment for project costs will also be contingent upon all authorized project work being in compliance with the aforementioned Secretary of the Interior's Standards, and approval of the grant assisted work by the Department. The total of grant funds transferred to the grantee following final Project completion, including all funds previously transferred in incremental payments, shall not exceed the amount of the grantee's actual cash expenditures in payment of allowable project costs. 5. The Department shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the Grant Period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the grant award amount indicated in the Agreement. VII. Consistent with the grant funding expenditure threshold indicated in Attachment A, Part II, paragraph 1, each grantee, other than a grantee which is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. A. All audits as described above shall be submitted within six (6) months of the close of the Grantee's fiscal year, or within six (6) months of the ending of the Grant Period. All audits or attestations must cover each of the Grantee's fiscal years for which grant funds were received or expended under this Agreement. B. Grantees shall sign Attachment B, which refers to the responsibility of the Grantee under the Florida Single Audit Act. DOS Form No. RR3E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 19 of 23 C. The Grantee shall complete the Florida Single Audit Act Certification included in the Quarterly Project Progress and Expenditure Report. Completion of this certification is required for each reporting period for the duration of the Project. VIII. The Grantee shall submit all contracts for professional services (architecture, engineering or consultant services) to the Department for review and approval prior to final execution by the Grantee. The Grantee shall also submit (a) architectural planning documents in accordance with the schedule in Subsection VII.C., as applicable, (b) copies of all contracts for the procurement of goods and services relating to the project work, and (c) copies of all proposed change orders or amendments to said contracts to the Department for review and approval prior to final execution. Department review and approval of said contracts shall not be construed as acceptance by or imposition upon the Department of any financial liability in connection with said contracts. A. The Special Conditions of Contract included as Attachment B hereto shall be included in all contracts for goods and services associated with this Protect. These provisions require that: 1. All consultants, design professionals, contractors and subcontractors comply with federal Equal Employment Opportunity legislation; 2. All contracts for goods and services include provisions for retention and Department access to Project -related records; 3. All contracts for goods and services include specification of Project duration; and 4. All contracts for goods and services include provisions for contract termination in accordance with this Agreement. B. These Special Conditions of Contract may be attached and made part of each agreement for architectural, engineering, consultant or construction services, or other vendor contracts. Alternatively, the provisions in Attachment B hereto may be incorporated into the body of each such agreement. C. Pursuant to Section 267.031(5)(I), Florida Statutes, the Grantee shall provide the Department an opportunity to review and approve architectural documents for Development projects at the following points in their development: 1. Upon completion of schematic design; 2. Upon completion of design development and outline specifications; and 3. Upon completion of working drawings and specifications, prior to execution of the construction contract. IX. For all Development projects, except as exempted below, execution of the Preservation Agreement is required. By executing the Preservation Agreement, the Grantee agrees to the continued maintenance, repair and administration of the property receiving grant assistance in a manner satisfactory to the Department for a period of five years from the date of execution. No grant funds will be released prior to Department receipt of one original signed and notarized copy of the completed Preservation Agreement. Exceptions to this requirement are projects involving only planning, properties owned by the State of Florida or the Federal Government, museum exhibits or archaeological sites. X. This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this Agreement. XI. If any term or provision of this Agreement is found to be illegal and unenforceable, the remainder of this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken. DOS Form No. HR3E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 20 of 23 XII. No delay or omission 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 omission be construed as a waiver of any such breach or default, or any similar breach or default. XIII. Each grantee, other than a grantee which is a State agency, agrees that, its officers, agents and employees, in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the State. Each grantee, other than a grantee which is a State agency, is not entitled to accrue any benefits including retirement benefits and any other rights or privileges connected with employment in the State Career Service. The Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State. XIV. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. XV. The Grantee shall not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without prior written consent of the Department which consent shall not be unreasonably withheld. The Agreement transferee must also demonstrate compliance with Chapter 14-39, Florida Administrative Code. If the Department approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties and obligations of the Department to another government entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties and obligations under this Agreement shall also be transferred to the successor government entity as if it were an original party to the Agreement. XVI. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the Department. XVII. The following provisions shall apply for the voluntary and involuntary suspension or termination of the grant by either the Department or the Grantee: A. Suspension. Suspension is action taken by the Department which temporarily withdraws or limits the Grantee's authority to utilize grant assistance pending corrective action by the Grantee as specified by the Department or pending a decision by the Department to terminate the grant. Notification. When the Grantee has materially failed to comply with the terms and conditions of the grant, the Department may suspend the grant after giving the Grantee reasonable notice (usually thirty (30) calendar days) and an opportunity to show cause why the grant should not be suspended. The notice of the suspension will detail the reasons for the suspension, any corrective action required of the Grantee, and the effective date of the suspension. 2. Commitments. No commitments of funds incurred by the Grantee during the period of suspension will be allowed under the suspended grant, unless the Department expressly authorizes them in the notice of suspension or an amendment to it. Necessary and otherwise allowable costs which the Grantee could not reasonably avoid during the suspension period will be allowed if they result from charges properly incurred by the Grantee before the effective date of the suspension, and not in anticipation of suspension or termination. Third party contributions applicable to the suspension period shall not be allowed in satisfaction of matching share requirements, unless otherwise agreed by the parties. 3. Adjustments to payments. Appropriate adjustments to the payments submitted after the effective date of suspension under the suspended grant will be made either by withholding the payments or by not allowing the Grantee credit for disbursements made in payment of unauthorized costs incurred during the suspension period. DOS Form No. HR3E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC Page 23 of 23 ARTMENT OF STATE Robert F. Bendus dio Director, Division of Historical Resources /4/_7 Date Indian River County AC&;,"/. ignature of Authorized Official Joseph A. Baird Print Name of Authorized Official County Administrator Print Title of Authorized Official Approved by the BCC 10/22/13 Date APPROVED AS TO FOR AND LS FFgF WILLIAM . DEP. ", .L o rycoL,NTY A fTORi4,�Y DOS Form No. HR3 E 1208GAASM Reference: Rule 1A -39.009(1)(b), FAC ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REOUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, and Section 215.97, F.S., monitoring procedures may include, but not be limited to, on-site visits by Department of State 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 State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff 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 1: 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. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State 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 State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, 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 Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.fldfs.com/ Federal Office of Management and Budget Circulars Index http://wwvv.whitehouse.gov/omb/grants/index.html - circulars Governor's Office Initiatives, Florida Single Audit Act )tttp://www.myflorida.cort nYflorida/GovernmentLgovemorinitiatives/fsaa/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) littp://www.leg.statell.us/ PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), 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 Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State 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 State, 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)(d), 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 nonstate 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). PART III: 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 agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (dx1) 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 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (c) and (f), OMB Circular A- 133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART 1 of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section 320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to the following: Office of Inspector General Florida Department of State R. A. Gray Building, Room 1 14A 500 South Bronough St. Tallahassee, FL 32399-0250 3. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf of the recipient directly to the following: A. The Department of State at the following address: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State 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 IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, 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 State, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the Department of State. EXHIBIT 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97. FLORIDA STATUTES: Florida Department of State Historic Preservation Grants, CSFA Number 45.031 Award Amount50000 (fifty thousand dollars). 1 TITLE NAMED PRINCIPALS Vivian O. Salaga, AIA John L. Tennison, AIA Kim Clement, RA Robert Foss, AIA EXHIBIT B ATELIER Architecture Engineering Construction, Inc STANDARD FEE SCHEDULE - 2014 FRINGE HOURLY BENEFITS PROFIT & BILLING RATE X FACTOR X OVERHEAD RATE 40.87 1.4 2.5 143.05 CONSULTANT PRINCIPAL 40.87 1.4 2.5 143.05 SENIOR ARCHITECT/ENGINEER 38.47 1.4 2.5 134.65 SENIOR ASSOCIATE 28.00 1.4 2.5 98.00 REG. PROFESSIONALS 28.00 1.4 2.5 98.00 Architects/Engineers Landscape Architects Interior Designers SR. CAD DRAFTER JR. CAD DRAFTER FIELD PROJECT MGR CLERK OF THE WORKS ARCHITECTS REP COST ESTIMATOR COMPUTER OPERATOR ADMINISTRATIVE ASST. 22.00 1.4 2.5 77.00 18.27 1.4 2.5 63.95 25.00 1.4 2.5 87.50 18.35 1.4 2.5 64.23 25.00 1.4 2.5 87.50 18.27 1.4 2.5 64.23 15.00 1.4 2.5 52.50 Other clerical and office support is factored into above rates HIGENERAL OFFICE Officeinfo\StandardFees\STNDFEE. 2014.wpd 52 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT AGENDA 8H TO: FROM: DATE: Joseph A Baird; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, AICP; munity DevelopmentopenDirector John W. McCoy, AI Chief, Current Development March 31, 2014 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for a Subdivision to be known as The Cove at Waterway Village [2004010124-71872/PD-13-08-02] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 15, 2014. DESCRIPTION & CONDITIONS: The Cove at Waterway Village PD is a planned development project consisting of 80 lots on 29.83 acres and is located at the northeast corner of 58th Avenue and 53`d Street. The property is zoned PD (Planned Development), and has an L-2 (Low Density 2 up to 6 units per acre) land use designation. The density for The Cove at Waterway Village is 2.68 units per acre. On July 11, 2013, the county granted preliminary PD plan/plat approval for The Cove at Waterway Village PD project. The applicant subsequently obtained a land development permit and commenced construction of the entire project. As of this time, the applicant has built 75.23% of the required improvements, is proposing to "bond -out" for the remaining 24.77% of the required improvements, and has submitted the following: 1. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and The Board is now to consider granting final plat approval for The Cove at Waterway Village PD. ANALYSIS: Some, but not all, of the required The Cove at Waterway Village PD improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" for the remaining 24.77% of required improvements (utilities, roadways, 53 landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. It should be noted that all improvements within The Cove at Waterway Village PD will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required, through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Cove at Waterway Village. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements (copy) Indian River Co, Approved Date Admin. W/e1/4`f Legal k , i- /— Budget 4fgh�/I 4 Dept. ..r; If 77/1"/ Risk Mgr. 54 L'ajP.N RIVER COUNTY PLANNED i)EVELOPI7 .ENT APPLICATION Please lndicete tue tylie of applickdor. belrig aubict;teci: Coneeptucl PD Special Exce„Lion: Concurrent Conmyrtuul PG Specie.! Ercepton & 3'rzliral;stry PLT: Preliminary Manna! De:elopment: Final PI«nued Deveiopme it: Note: For a PD rezoning p_;;ase use -ate rppropilaL rezoning cpplicatioa. PROJECT NAME: Plan Number: )'D- i { ;:;:' - L Z. Project ##: s u:,c•t :E y t1 :;s? - PROPERTY OWNER: (PLEASE PRINT) APPLICANT (PLEASE ?RINT) NAME NAME LA`C;+ 1).4��t�:tel (t,._ ,. t, . ADDRir.SS i4.... -3466 CITY, STATE, ZIP 45:1;1. CsIcl PHONE NUMBER r t+tT.-1i,rtiC.�=,�►�t1C�.11 t (�% i*�s. EMAIL ADDRESS' h' e.t.r.>- c.37_ ",-t_E7. CONTACT PERSON PROJECT ENGINEER. (PLEASE PRINT) AO Y.5 NAME ADDRESS "1/4— CITY, STATE, ZIP 5%L - - PHONE NUMBER t r1UJ.DS�v� `u G.r C' :S — an” Y EMAIL ADDRESS CONTACT PERSON SIONA F•\Community DcvdopmenetUsersiC urDeMppliwtions\PDAPP.doo ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON AGENT (PLEASE PRINT) NAWX ADDRESS TY. STATE, 2IP PHONE NUMBER EMAIL ADDRESS CONTACT PERSON Oka OF OWNER OR AGB Revised Janury 7011 ATTACHMENT j P'ge 1of3 55 TAX PARCEL ID 0(s) OF SUBJECT PROPERTY: - PROPERTY CLASSIFICATION(S): Land Use Desiknation Zoning District Acreage TOTAL PROJECT ACREAGE: EXISTING SITE USES): PROPOSED SIT`E^�USE(S) AND INTENSITY (e.g. # of units, square feet by use): 5)+41::Le 1 1,:Itc.� . c t CV 3'ok:35�:'1 !-i 17L-:1 H:'r'r�yg,;l►i� �ti�=cir• Z. ,1‘48.T'S i:t x 1014_ r I.' PLEASE COMPLETE TliE SUBMITTAL CII31ICf LIST ** The following items must be attached to the application: If the applicant is other than the owner(,), a sworn statement of authorization from the owner Two deeds and a verified statement naming every individual having legal or equitable ownership in the property; If owned by a corporation, provide the names and address of each stockholder owning more than 10% of the value of o'.Itstanding corporation shares, Two copies of the owner's recorded warranty deed; A check, money order or cash made payable to "Indian. River County": Planned Development Request - Conceptual PD Special Exception less than 20 acres $ 2075.00 20-40 acres 2475.00 over 40 acres 2575.00 -1-100.00 for eacb. additional 25 acres over 40 acres Preliminary PD Plan less than 20 acres 20-40 acres over 40 acres $ 1150.00 1250.00 1300 00 Final PD Plans $ 1400.00 + 50.00 for each additional 25 acres over 40 acres For concurrent application fees combine the appropriate fees and subtract $400.00. 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Q. ga I \ oio I �0� � h asOcz J3c.o� _o a a >z- / O Z n '■.a w / az 6ow O � I,14 M3 MaJ re LJ z zLLioo- =bz- m ~ O 34NW`° '')<.,,°..ZM<m•!- ,2-1-20',:i r�Ci OZ UO z a3fm " ac,' -`e22 zu3-mo Wm -<w > og: ONY �N.tt �fN O V N UO fy61 � \ / m 0 ')'7.`• U / O / qqq pp �I k c EAhk Lkk 6 6 ■ o ▪ <aadoe 5 0���`ao eaasg Ra 1!U ,71 8 SHEET 7 OF 8 0 V�PSFR�g ,c..6''' ly6O\ Wt ,3• rm d, f . �01� `sxms'ttlsJ� s om �l 43 ary- / .9 � 'G nn w Z�`i�oi MC �dal " '-.<U20 YV4Q2ZNKR iN `/ S1i�0.1,'"!,,,e(._.., L. 3 mYe : n < > 0. m Keea N m . N 8 8 8. 8 0 z m 0 atrfACHWIEW 63 PLAT BOOK w C7 DOCKET NUMBER FEBRUARY, 2014 CO O 0 (1331 0039 133HS STILL 133110 33S) .3. 3N11 Ha1tl1Y 1 '331 .1 93- 0 331 S aem 6 E Sd$�5 44n a2B ■ a • a�3doo't� oSaKa SHEET 8 OF (9 i0 9 133H5 335) .Q 3N11 HO1VN 3428.92' (TOTAL) z U CC 1- O U EE"s 0 0 O o K 4.1<n CCCC CC co 0 0 .80 .y E T 1360.17' (TOTAL) f 33'1 5 —3V3 .1 .51 lanoo 1sLs 30 .11 _. 31.x.._._._._ (11CMtl 3"491 J33H5 SH1 133115 335) 3, 3Nn HaLYN SHEET 8 OF 8 U As 0 64 Cove At Waterway Village PD CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -13-08-02 (2004010124-71872) THIS CONTRACT, made and entered into this 26 day of /C1 , 2014 by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, the owner of the property being platted as Cove At Waterway Village PD, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County a " pt '`` re fd un th D e .loper has installed the required improvements o has gu nteed o� isfa n of the County that such improvements will be instled; WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Cove At Waterway Village PD; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before April 8, 2015, in a good and workmanlike manner, those improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning ATTACHMENT 4 65 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state, in a form to be approved by the Countf„ naming Developer as customer and Oect-2 fm t) pw ' A. , as the underwriting bank, in the amount of $553,277.81, which amount is not less than one hundred twenty-five percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County's Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements$ Developer agrees to indemnify, hold harmless, and defend thKthinty againstt a ari It clair , damages, losses, and expenses, including attorney's fees' for pr oda 'fag rsonal or bodily injury, or loss of life, arising from the ne eget actObr missions the Developer, its officers, employees, agents, or contractdrs, s ` l c ractors, laborer*; or suppliers, relating to the construction of the required improvements, 'ncluding all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County's Subdivision and Platting Ordinance and upon execution hereof. The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. 2 ATTACHMENT 4 66 Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Works Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter of credit (or any County approved substituted guarantees) shall be jointly and severally liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and �execute anti rovisions o thi jcocontract and applicable ordinances of the Coun In no agent, h w ergs 11 abilit of the underwriting bank (or any County approved ituted ua ntees) under this paragraph exceed the total amount of the original, obliga ton state in the le r of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Cove At Waterway Village PD, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. 8. Any letter of credit (or arty County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist 3 ATTACHMENT 4 67 solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. WITNESSES: sign: L �- print name: Riz, n K AN DIVOSTA HOMES, L.P., a Delaware limited partnership By DIVOSTA HOMES HOLDINGS, LLC, a De aware limited liability company, its et APPROVED AS TO FO r M AN FOAL GUFFIC1 t '�` COUNTY —ris Hasty, (South Florida) nd Development Authority: Resolutions adopted by the Board of Managers at a Special Meeting called and held on September 10, 2009 DEVELOPER INDIAN RIVER COUNTY, FLORIDA By: Joseph A. Baird County Administrator Authority: Resolution No. 2005-121 WILLIAM K. OEBP.1.A1 prr t1TY COUNTY P.TTORNEY projected BCC plat approval date: April 8, 2014 4 m*CHMENT 4 68 SUBDIVISION BONDING ESTIMATE FOR THE COVE AT WATERWAY VILLAGE ATTACHMEHT 4 69 EARTHWORK DESCRIPTION DESCRIPTION QUANTITY ... QUANTITY UNIT UNIT COST TOTAL ��- TOTAL COMPLETE COMPLETE MOBR17ATION INCOMPLETE MOBILIZATION ],^ 1 LS 10,050.00 5 $ 10,050.00 $ 10,050.00 - NPDES 33 00 1 LS 13365.00 13,365.00 $ 13,365.00 $ - DEMOLITION 18" RCP 1 LS 7,400.00 - 7,400.00 $ 7,400.00 27,893.25 85,580.00 CLEARING 37,224.30 24 AC 415.00 8" PVC SANITARY 12.14' CUT 9,960.00 $ 9,960.00 53.05 - LAKE EXCAVATION & SITE FILL. "464 18,300 CY 3.32 2'1,042.40 60,756.00 $ 60,756.00 18" CAP - PAD FILL & GRADING LF 92,900 SY 0.42 5 39,018.00 $ 39,018.00 2,565.00 - PAD STABILIZATION (SEED) 46.45 19 AC 1,805.00 1,858.00 34,295.00 $ 34,295.00 20 - LAKE BANK STABILIZATION (SOD) 4' DIA. MANHOLE 10-12' DEEP 3,000 SY 1.70 . 5,100.00 5 5,100.00 EA - SURVEY 840.00 1 1.5 38,500.00 30" RCP/CAP ADAPTOR 38,500.00 $ 38,500.00 495.00 1,400.00 SIGNAGE TOTAL $ 218,444.00 5 218,444.00 $ - ATTACHMEHT 4 69 PAVING DESCRIPTION DESCRIPTION QUANTITY ... QUANTITY UNIT UNIT COST TOTAL ��- TOTAL COMPLETE COMPLETE MOBR17ATION INCOMPLETE 1" SP 9.5 ASPHALT (FIRST LIFT) ],^ 9,200 SY 7.50 5 $ 69,000.00 - SURVEY 69,000.00 3/4' SP 9.5 ASPHALT (FINAL LIFT) 33 00 9,200 SY 5.50 50,600.00 8"PVC SANITARY 8-10' CUT X1629.85 $ 50,600.00 8" LBR 100 BASE 18" RCP 9,725 SY 11.00 - 106,975.00 5 21,395.00 27,893.25 85,580.00 10 1/2" LBR 100 BASE ( PAVER AREA) 37,224.30 245 SY 14.00 8" PVC SANITARY 12.14' CUT 3,430.00 $ 3,430.00 53.05 - 12" STABILIZED SUBGRADE "464 10,900 SY 4.25 2'1,042.40 46,325.00 5 46,325.00 18" CAP - 5' SIDEWALK ( COMMON AREAS) LF 8,720 SF 3.15 5 27,468.00 - 24" CAP 2,565.00 27,46800 TYPED" CURB 46.45 700 LF 11.55 1,858.00 8,085.00 30" CAP 14,875.00 20 8,085.00 TYPE "F" CURB 4' DIA. MANHOLE 10-12' DEEP 300 LF 16.25 . 4,875.00 $ 2,112.50 EA 2,762.50 2' VALLEY GUTTER 840.00 6,000 LF 11.90 30" RCP/CAP ADAPTOR 71,400.00 S 70,000.00 495.00 1,400.00 SIGNAGE 5 1 LS 7,250.00 4,995.00 7,250.00 EA 2,025.00 DOUBLE SERVICE W/ CLEANOUT 7,250.00 STRIPING 8,100.00 1 LS 2300.00 15 2,700.00 2,480.00 DEMOLITION/REMOVAL OF 8" SANITARY 37,200.00 2,700.00 37,200.00 TOTAL $ 398,108.00 $ 143,26250 $ 254,845.50 ATTACHMEHT 4 69 STORM DRAINAGE DESCRIPTION QUANTITY ... UNIT . UNIT -._. COST;.. ,....... TOTAL ��- COMPLETE COMPLETE INCOMPLETE MOBR17ATION 104 ],^ 12 Oil \, 12,500:00 3 1)000 5 $ 12,500.00 33,500.00 - SURVEY 1 ] 33 00 15" HDPE 10,660.65 2,619, - 8"PVC SANITARY 8-10' CUT X1629.85 $ 60,629.85 28.15 18" RCP 32,006.55 1,035.95 - 8"PVC SANITARY 10-12' CUT ,89325 $ 27,893.25 37.15 24" RCP 37,224.30 1,Q74' 1.±,.25 - 8" PVC SANITARY 12.14' CUT 7,85850 5 37,858.50 53.05 30" RCP 13,421.65 "464 LFA x46.35 4' DIA. MANHOLE 0-6' DEEP 2'1,042.40 5 21,042.40 - 18" CAP 2,165.00 75 LF 38.80 4' DIA. MANHOLE 6-8' DEEP 2,910.00 5 2,910.00 - 24" CAP 2,565.00 40 LF 46.45 4' D1A. MANHOLE 8-10 DEEP 1,858.00 5 1,858.00 2,975.00 30" CAP 14,875.00 20 LF 63.90 4' DIA. MANHOLE 10-12' DEEP 1,278.00 5 1,278.00 . 24" RCP/CAP ADAPTOR 18,350.00 2 EA 420.00 4' DIA. MANHOLE 12-14' DEEP 840.00 5 840.00 - 30" RCP/CAP ADAPTOR 4,515.00 1 EA 495.00 SINGLE SERVICE W/ CLEANOUT 495.00 5 495.00 . TYPE "C" INLET 4,995.00 4 EA 2,025.00 DOUBLE SERVICE W/ CLEANOUT 8,100.00 $ 8,100.00 - VALLEY GUTTER INLET 21,240.00 15 EA 2,480.00 DEMOLITION/REMOVAL OF 8" SANITARY 37,200.00 $ 37,200.00 - MANHOLE 1,491.00 5 EA 2445.00 DEMOLITION/REMOVAL OF MANHOLE 12,225.00 $ 12,225.00 - YARD DRAIN 1,300.00 14 EA 955.00 LINE INSPECTION 13,370.00 $ 13,370.00 - NPDESINLET PROTECTION 5,118.75 1 LS 2,100.00 2,100.00 5 2,100.00 167,149.15 DEMOLITION/REMOVAL OF 48" RCP 5,118.75 65 LF 35.00 2,275.00 5 2,275.00 - TOTAL 5 276,075.00 $ 276,075.00 • ATTACHMEHT 4 69 SANITARY SEWER DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 8" PVC SANITARY 0-6 CUT 104 LF 22.50 2,340.00 2,340.00 - 8" PVC SANITARY 6-8' CUT 429 LF 24.85 10,660.65 10,660.65 - 8"PVC SANITARY 8-10' CUT 1,137 LF 28.15 32,006.55 32,006.55 - 8"PVC SANITARY 10-12' CUT 1,002 LF 37.15 37,224.30 37,22430 - 8" PVC SANITARY 12.14' CUT 253 LF 53.05 13,421.65 13,421.65 - 4' DIA. MANHOLE 0-6' DEEP 1 EA 2,165.00 2,165.00 2,165.00 - 4' DIA. MANHOLE 6-8' DEEP 1 EA 2,565.00 2,565.00 2,565.00 - 4' D1A. MANHOLE 8-10 DEEP 5 EA 2,975.00 14,875.00 14,875.00 - 4' DIA. MANHOLE 10-12' DEEP 5 EA 3,670.00 18,350.00 18,350.00 - 4' DIA. MANHOLE 12-14' DEEP 3 EA 4,515.00 4,515.00 4,515.00 - SINGLE SERVICE W/ CLEANOUT 9 EA 555.00 4,995.00 4,995.00 - DOUBLE SERVICE W/ CLEANOUT 36 EA 590.00 21,240.00 21,240.00 - DEMOLITION/REMOVAL OF 8" SANITARY 70 LF 21.30 1,491.00 1,491.00 - DEMOLITION/REMOVAL OF MANHOLE 1 EA 1,300.00 1,300.00 1,300.00 - LINE INSPECTION 2,925 LF 1.75 5,118.75 - 5,118.75 TOTAL $ 172,267.90 167,149.15 5 5,118.75 ATTACHMEHT 4 69 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.031. The Grantee has read this Addendum to the Grant Award Agreement and has affixed their signature: INDIAN RIVER COUNTY Print Name of Grantee ature of Authorized Official Joseph A. Baird Print Name of Authorized Official County Administrator Print Title of Authorized Official APPROVED AS TO FORM AND L I. SUWELCI N Fir WILLJAh K. DERMAL DEPUTY COUNTY ATTORNEY 1 of 2 ATTACHMENT B SPECIAL CONDITIONS OF CONTRACT REQUIRED BY HISTORIC PRESERVATION GRANT AWARD AGREEMENT Grant Project Name: Contract Amended/Execution Date: Parties: 1. (Owner) 2. (Architect/Consultant/Contractor) circle one These Special Conditions shall supplement and become part of the above referenced Contract and shall supersede any conflicting provisions of said Contract. 1. Equal Employment Opportunity Compliance The Architect/Consultant/Contractor shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title 1 of the Americans with Disabilities Act of 1990 in that: No person in the United States shall on the grounds of race, creed, color, national origin, sex, age, political affiliation, beliefs, or disability be subject to discrimination under any program or activity which the Architect/Consultant/Contractor has agreed to undertake by and through the covenants and provisions set forth in this Contract. 2. Access to Records The Architect/Consultant/Contractor shall keep and maintain financial, invoice, and employment records pertaining to the contractual obligation between the Parties for pre -audit and post -audit purposes for a period of five (5) years following the completion of all project work, or until all claims and audit findings involving these records have been received, whichever is later. The Owner, the Florida Department of State, or any of their duly authorized representatives shall have access to any books, documents, papers and records of the Architect/Consultant/Contractor which are directly pertinent to this Contract, for the purpose of making audit, examination, excerpts, and transcription. 3. Termination 3.1 Termination by Owner 3.1.1 The Owner may terminate this Contract if the Architect/Consultant/Contractor: 1. Persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; 2. Fails to make payment to Subcontractors for materials or labor in accordance with the respective contracts between the Architect/Consultant/Contractor and the Subcontractors; 3. Persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4. Otherwise is guilty of substantial breach of a provision of the Contract. 3.1.2 When any of the above reasons exist, the Owner may, without prejudice to any other rights or remedies of the Owner and after giving the Architect/Consultant/Contractor and the Architect/Consultant/Contractor's surety, if any, seven days written notice, terminate employment of the Architect/Consultant/Contractor and may, subject to any prior rights of the surety: DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), F.A.C. 2 of 2 1. Take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Architect/Consultant/Contractor; 2. Accept assignment of subcontracts; 3. Finish the Work by whatever reasonable method the Owner may deem expedient. 3.1.3 The Architect/Consultant/Contractor will be compensated for any work satisfactorily completed in accordance with this Contract prior to notification of termination. 3.2 Termination by the Architect/Consultant/Contractor 3.2.1 The Architect/Consultant/Contractor may terminate the Contract if the Work is stopped for a period of 30 days through no act or fault of the Architect/Consultant/Contractor or a Subcontractor, Sub - subcontractor or other agents or employees or any other persons performing portions of the Work under agreement with the Architect/Consultant/Contractor, for any of the following reasons: 1. Issuance of an order of a court or other public authority having jurisdiction; 2. An act of government such as a declaration of national emergency, making material unavailable; 3. Because the Architect has not issued a Certificate for Payment and has not notified the Architect/Consultant/Contractor of the reason for withholding such certification, or because the Owner has not made payment on a Certification of Payment within the time stated in the Contract; 4. If repeated suspensions, delays or interruptions by the Owner constitute in the aggregate more than 100 percent of the total number of days scheduled for completion, or 120 days in any 365 - day period, whichever is less; or 5. The Owner has failed to furnish to the Architect/Consultant/Contractor promptly, upon the Architect/Consultant/Contractor's request, reasonable evidence that financial arrangements have been made to fulfill the Owner's obligations under the Contract. 4. Project Duration 4.1 Complete one of the following, as is applicable to the Contract: 4.1.1 The project work covered under this Contract shall be completed on or before , 20 4.1.2 The project work shall be completed within days of the date of execution of the Contract. Owner Architect / Consultant / Contractor Address Address By Date By Date DOS Form No. HR3E1208GAASM Reference: Rule 1A -39.009(1)(b), F.A.C. PERIMETER BUFFER POTABLE WATER QUANTITY UNIT DESCRIPTION TOTAL QUANTITY UNIT UNIT COST TOTAL TOTAL COMPLETE INCOMPLETE INCOMPLETE CONNECT TO EXISTING 1 1 LS 2,600.00 119,955.00 2,600.00 2,600.00 PERMANENT CONTROL POINTS J 8" PVC (C-900) WATERMAIN LS 3,297 LF 1725 S 56,873.25 56,873.25 - 8" GATE VALVE 30,000.00 7 EA 1,135.00 15,000.00 7,945.00 7,945.03 40,000.00 - 8" PLUG W2" BLOW -OFF 25,000.00 1 EA 2,105.00 2,105.00 2,105.00 - FIRE HYDRANT ASSEMBLY 5 EA 3,200.00 16,000.00 16,000.00 SINGLE WATER SERVICE 20 EA 700.00 14,000.00 14,000.00 - DOUBLE WATER SERVICE 30 EA 1,110.00 33,300.00 33,300.00 - RECREATION BUILDING SERVICE 1 EA 800.00 800.00 800.00 - TESTING/CHORINATION 1 LS 805.00 805.00 805.00 TOTAL $ 134,428.25 133,623.25 S 805.00 PERIMETER BUFFER SURVEY CONTROL & FIELD ENGINEERING QUANTITY UNIT DESCRIPTION TOTAL QUANTITY UNIT UNIT COST TOTAL COMPLETE 427,493.00 INCOMPLETE LOT CORNER MONUMENTS 5 128,248.00 1 LS 7,500.00 7,500.00 119,955.00 S 7,500.00 PERMANENT CONTROL POINTS 547,448.00 1 LS 2,500.00 2,500.00 S 2,500.00 ENGINEERING INSPECTIONS 1 LS 30,000.00 30,000.00 15,000.00_ S 15,000.00 TOTAL 40,000.00 15,000.00 5 25,000.00 PERIMETER BUFFER DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE PERIMETER LANDSCAPING 1 LS 427,493.00 427,493.00 299,245.00 5 128,248.00 PERIMETER IRRIGATION I LS 163,128.00 119,955.00 91,350.00 S 28,605.00 TOTAL 547,448.00 390,595.00 5 356,853.00 son,'P_E. FL Reg!) 640 ARCA.D Infrastructure, environment, buildings rks No. 26640 STATE OF SSF�ORIOh•'���'�% il��� DIYf 1111``,, AC !WENT 4 70 TOTALS S 1,786,771.15 5 1,344,148.90 5 442,622.25 OF TOTAL COMPLETE 75.23% 24.77% 1--.--. PROPOSED BOND AMOUNT (125°/) $ 553,277.81 son,'P_E. FL Reg!) 640 ARCA.D Infrastructure, environment, buildings rks No. 26640 STATE OF SSF�ORIOh•'���'�% il��� DIYf 1111``,, AC !WENT 4 70 CONSENT NDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird County Administrator THROUGH: Christopher R. Mora, P.E. OsteN/ Public Works Director FROM: Louise Gates, Land Acq . * Specialist SUBJECT: Lease Extension, Little Mermaid Car Wash, 1935 43rd Avenue 43rd Avenue/SR60 Intersection Widening and Improvements Timothy E. and Joshana Tynes DATE: March 31, 2014 DESCRIPTION AND CONDITIONS In 2008 the County purchased the Little Mermaid Carwash located at 1935 43rd Avenue. The car wash was previously owned by Timothy E. and Joshana Tynes. The property consists of a 0.47 acre lot with a 2 bay automatic carwash and 3 self service wash bays with covered vacuum area. The car wash facility was built in 1984. As part of the consideration for the purchase of the property, the County leased the property back to the Tynes between March 1, 2009 and March 31, 2010 for the amount of one dollar per month. Since the County purchased the property in 2008, the 43rd Avenue widening project has been delayed due to design, right-of-way and funding issues. The current County work program has construction scheduled for 2017 or later. After the original 1 -year lease (@ $1 per month) expired in 2010, staff negotiated a new lease for $1750/month and the Tynes have continued to operate the car wash since that time. The Tynes have renewed the $1750/month lease annually and would like to renew it once again in 2014, with an effective date of May 1, 2014 and an expiration date of April 30, 2015. As previously stipulated, the monthly rent ($1750) is due in advance on the 1st day of the month, and either party may terminate the lease with 60 days written notice. ALTERNATIVES AND ANALYSIS 1. Grant the 12 -month extension of lease 2. Reject the request and issue notice to vacate. 71 Lease Renewal of Little Mermaid Car Wash, 1935 43`d Avenue — Tynes March 31, 2014 — Page Two of Two FUNDING None RECOMMENDATIONS Staff recommends Alternative No. 1 by which the Board of County Commissioners approves and authorizes the Chairman to execute the agreement to extend the lease terminating April 30, 2015. ATTACHMENTS 1. One copy of the Lease Extension DISTRIBUTION 1) Christopher R Mora, P.E., Public Works Director 2) Louise Gates, LAS APPROVED AGENDA ITEM FOR April 15, 2014 Indian River County Approved Date Administration lib6// Budget 17111;7 Legal .�, w Public Works Y-2. -111 Engineering �, '._3 �/� Risk—Management 72 ORIGINAL /GENOA. COPY LEASE AGREEMENT This lease entered into on this day of April, 2014 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Timothy E. and Joshana Tynes, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the Little Mermaid Car Wash and facilities situated thereon, located at 1935 43rd Avenue, Vero Beach, in the County of Indian River, Florida, more particularly described as follows: See Exhibit "A" attached hereto. for a term commencing from the date of May 1, 2014, terminating April 30, 2015, for a rental of $1750 per month payable in advance. 1.1 1.2 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease and shall not be extended longer than an additional 90 days or commencement of road project which ever comes first. Termination of Lease. Either party may terminate this lease with 60 days written notice. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a commercial car wash, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises in 1 73 ORIGINAL a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 7. PUBLIC UTILITIES. The Tenant will pay within time allowed for payment without penalties, all charges for water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the premises, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $200,000 for individual injuries and $300,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida 9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. 9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 2 74 ORIGINAL 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. Tenant shall not mortgage the leased premises. 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: Timothy E. and Joshana Tynes 1935 43rd Avenue Vero Beach, Florida 32960 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County Attention: Joseph E. Flescher, Chairman 1801 27th Street Vero Beach, Florida 32960-3388 These addresses may be changed by either party by providing written notification to the other. 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida_ Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any 3 75 ORIGINAL breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. INDIAN RIVER COUNTY, FLORIDA Timothy E. Tynes BOARD OF COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Approved by BCC ature) (D1 13 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Witnessed by Deputy Clerk Baird, County Administrator fficiency: 4 (Printed name) (Date) 76 ORIGINAL EXHIBIT "A" Lot 3, LESS AND EXCEPT the East 20 feet thereof, and all of Lot 22, Pinewood Subdivision, according to the Plat thereof, as recorded in Plat Book 2, at Page 89, of the Public Records of Indian River County, Florida. Commonly known as: 1935 43rd Avenue, Vero Beach, FL 32960 P I D#33-39-04-00010-0000-00003.0 5 77 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director AND Christopher J. Kafer, Jr., P.E., County Engine FROM: David W. Schryver, P.S.M., County Surveyor SUBJECT: Work Order No. 1— Carter Associates, Inc. 41st Street/US1 Intersection Improvements Indian River Project No. 1359 DATE: March 26, 2014 gyv-- DESCRIPTION AND CONDITIONS On October 1, 2013, the Indian River County Board of County Commissioners approved the Professional Service Agreement for Annual Land Surveying and Mapping Services Contract 1333 with Carter Associates, Inc. Work Order No. 1 with Carter Associates, Inc. is to perform all related field and office surveying and mapping services in connection with the right-of-way and topographic mapping of the intersections of 41St Street/US1 and 41St Street/Old Dixie Highway. This survey is being performed for the purpose of design and construction of intersection improvements, including, turn lanes, signalization and drainage facilities. Attached, please find Carter Associates, Inc. Work Order No. 1 to provide the requested professional surveying and mapping services. Carter Associates, Inc. has submitted Exhibit A, Scope of Services, outlined in the attached Work Order No. 1, for a lump sum amount of $24,160.00. FUNDING Funding for this project in the lump sum amount of $24,160.00 is budgeted and available through the Secondary Roads Gas Tax, Account No. 10921441-033490-05007 — Annual Survey Services. F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\04-15-14 Memo BCC Agenda for 41st St and US1 intersection imp.doc 78 Page Two Work Order No. 1 Carter Associates, Inc. For BCC Agenda April 15, 2014 RECOMMENDATION Staff recommends approval of the attached Work Order No. 1, authorizing the above mentioned project as outlined in the attached Scope of Services, and requests the Board of County Commissioners to authorize the Chairman to execute the attached Work Order No. 1 on their behalf. ATTACHMENTS 1. Carter Associates, Inc., Work Order No. 1 2. Exhibit A — Scope of Services DISTRIBUTION 1. Carter Associates, Inc. 2. Michael Nixon, P.E. Roadway Production Manager APPROVED AGENDA ITEM FOR: April 15, 2014 BY: J.Q Indian River County Appr. ed Date Administrator j 0C//if Budget Legal l ! .r -)114 Public Works f 1_3-1y Engineering Z.'' c F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\04-15-14 Memo BCC Agenda for 41st St and US1 intersection imp.doc 79 Board of County Commissioners Administration - Building A 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: 41st Street and U.S. Highway No. 1- Intersection Improvements Right -of -Way and Topographic Survey Indian River County Project No. 1359 WORK ORDER NO. 1 (Engineering/Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING SERVICES WITH Carter Associates, Inc. In accordance with Contract No. 1333 2013-2014 This Work Order No. 1 is in accordance with the existing AGREEMENT dated October 1, 2013 between Carter Associates, Inc., (SURVEYOR) and Indian River County (COUNTY): SECTION I — PROJECT LIMITS This Work Order No. 1 is for the SURVEYOR to perform all related field and office surveying and mapping services in connection with the Right -of -Way and Topographic Survey of a portion of 41st Street and U.S. Highway No. 1, including the intersection of 41St Street and Old Dixie Highway and the intersection of 41st Street and U.S. Highway No. 1. The survey will extend approximately 1,100' north, south and west of the intersection of Old Dixie Highway. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 1; specifically detailed in the attached proposal Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 45 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Tum Lane\Admin\agenda items\IRC CARTER WO No. 1 04-15-14.doc 80 IRC Work Order No. 1 Carter Associates, Inc. March26, 2014 Page 2 of 3 2. Deliverables -The SURVEYOR shall provide the COUNTY: a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, five (5) paper "hardcopy" signed and sealed sets and one (1) signed and sealed MYLAR set in adequate recording fashion (I.E. Borders). Sheeted and model space (as applicable) AutoCad drawing file in release 2004 through 2009, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV — COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 1, for a total lump sum fee of $24,160.00. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR for the contract year(s) of October 1, 2013 through October 1, 2014. All invoicing shall include Project Number 1359, Work Order No. 1 (WO 1), Contract Number (1333), itemized man-hours and materials expended to complete the Scope of Services. Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1333 with the COUNTY and as stated in Section II, Ill and IV hereon. F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\IRC CARTER WO No. 1 04-15-14.doc 81 IRC Work Order No. 1 Carter Associates, Inc. March26, 2014 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 2014. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Carter Associates, Inc. (Signature) (Signature) Peter D. O'Bryan, Chairman David E. Luethje, Vice President Approved by BCC ATTEST: Jeffrey K. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk Approved as to Form and Legal ufficiency: UNTY Attorney J Joseph , COUNTY Administrator az A. Baird, O Witnessed by: j/l 6u avxs (Printed name) F:\Public Works\ENGINEERING DIVISION PROJECTS\1359-41st St_US1 Left Turn Lane\Admin\agenda items\IRC CARTER WO No. 104-15-14.doc 82 EXHIBIT "A" WORK ORDER NO. I (Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services, Contract 1333, 2013-2014 Indian River County Project No. �( CARTER ASSOCIATES, INC. Consulting Engineers & Surveyors 1708 21st Street Vero Beach, FL 32960 772-562-4191 772-562-7180 Fax CLIENT: INDIAN RIVER COUNTY CAI JOB NO.: 14-272S BILLING ADDRESS: Surveying and Mapping Department 1801 27th Street Vero Beach, Florida 32960 PHONE# (772) 226-1386 FAX# CELL # PROJECT LIMITS Topographic Route Right of Way Survey of 41st Street / South Gifford Road (Approximately 4,350.00 feet). 1,100 feet west of Old Dixie Hwy; Old Dixie Highway to U.S. Highway No.1; 200 feet east from U.S. Highway No.1; 200 feet north and south of U.S. Highway No.1; and 1,100 feet north and south of Old Dixie Highway. Services performed within parts of Section 26 and 27, Township 32 South, Range 39 East, Indian River County, Florida / DATE ORDERED: March 21, 2014 ' �� A /•— sn /�, 7 EST. COMPLETION DATE See : -low ORDERED BY: David Schryver, PSM TAKEN BY: FSC COST: $ 24,160.00 lump SUM LEGAL DESCRIPTION (Lot, Block, S/D/Sec-Twp-Rge): Parts of Section 26 and 27, Township 32 South, Range 39 East, Indian River County, Florida PROPERTY STREET ADDRESS : 41st Street / South Gifford Road and U.S. Highway No.1 SERVICES TO BE PERFORMED: See Sheet 2 for Scope, Completion, Deliverables and Compensation I:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2013-2014\14-272S_IRC_WO_41street-Topo-ROW(US1 west 1100feet).doc 1 OF 6 83 PROPOSAL EXHIBIT "A" Continued WORK ORDER NO. (Engineering/Survey) Continuing Professional Surveying & Mapping/GIS Services, Contract 1333, 2013-2014 CAI Job. No. 14-272S IRCounty Project No. 14 IRCounty Contract No. 1333 IRC Work Order No. Project Limits: 41st Street / South Gifford Road (Approximately 4,350.00 feet). 1,100 feet west of Old Dixie Hwy; Old Dixie Highway to U.S. Highway No.1; 200 feet east from U.S. Highway No.1; 200 feet north and south of U.S. Highway No.1; and 1,100 feet north and south of Old Dixie Highway. Topographic Route Right of Way Survey performed within parts of Section 26 and 27, Township 32 South, Range 39 East, Indian River County, Florida. Project Scope: The SURVEYOR shall provide Professional Land Surveying services to include the following: 1.) Establish horizontal control and re-establish or recover right of way limits per U.S. Highway no.1 / S.R. no.5, Florida East Coast Rail Way, Old Dixie Highway and 41st Street; and establish vertical control network benchmarks along the right-of-way corridor based on Florida State Plane Coordinate System, East Zone, NAD 83/2007 and North American Vertical Datum of 1988. 2.) Field observe and record vertical ground spot elevations and cross sections within project corridor, 20' outside of right way at 50' intervals and all specific points (inverts, bottom of structures, southerly edge of retention pond, etc.) and changes in contour within the right of way corridor. a) For the U.S. Highway no.1 / S.R. no.5 intersection: the data acquisition shall extend 200 feet east of the easterly right of way line of U.S. no.1 and 200 feet north and south of the north and south right of way line of 41st street. b) For the Old Dixie Highway intersection: the data shall extend 1100 feet north, south and west of the intersection. c) Data acquisition shall include that portion of 41st Street lying between Old Dixie Highway and U.S. Highway no.1 d) Detail observations and recording of all drainage structures within the project limits (size, top, bottom and inverts). 3.) Field observe and record existing building structures footprint (roadway face only), all man-made above ground and natural features (over head electrical, valves, southerly edge of retention pond at the NW quadrant of the intersection of Old Dixie Highway and 41St Street, signs, culverts, road, lane line striping, etc.) within right of way corridor and 20' outside of right-of-way. .1:\ SURVEY WORK AUTHORIZATIONS\IRC Survey 2013-2014\14-272S_IRC_WO_41street-Topo-ROW(US1 west 1100feet).doc 2 OF 6 84 4.) Observe and record the existing limits of vegetation within the project limits and 20 feet outside of right of way. 5.) Establish and set vertical benchmarks along the topographic route right of way survey not to exceed 600 feet. 6.) The route survey to be tied into the record U.S. Highway no.1 right of way and Old Dixie Highway baseline. 7.) Limited web search of the Indian River County property appraiser's tax role and clerk of the circuit court records. Specific Notes: Method of horizontal and vertical observations by G.P.S., RTK [accuracy: horizontal 10mm+1ppm (RMS), vertical 20mm+1 ppm (RMS)], North American Datum of 1983 / Adjustment of 2007, Florida State Plane Coordinates (East Zone -901) and North American Vertical Datum of 1988. Project Schedule: If required - Indian River County Surveying Division will coordinate and/or notify adjacent parcel owners along the specific route of the possible commencement dates of survey services and, if necessary, the possible access by the contractor to the respective adjacent parcels to perform their duties. Deliverables: FINAL — Five (5) paper "hardcopy" signed and sealed set. Sheeted and model space (as applicable) AutoCAD drawing file and PDF formats on CD. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, and related title and project number; survey notes/legend/abbreviation sheet, and right-of-way plan view sheets. Compensation: Payments shall be in accordance with the original Professional Surveying and Mapping/GIS Services Agreement, Contract No. 1333 with the Indian River County. I. Field and office tasks: horizontal and vertical control for the IRC Topographic Right of Way Project No. ; Set vertical control monuments along the project route survey. Tie project route to Florida State Plane Coordinate System (NAD 8312007) and North American Vertical Datum of 1988. Surveyor I 2 hours @ $140.00/hr $ 280.00 Surveyor II 4 hours @ $125.00/hr $ 500.00 GPS RTK Survey Crew (2 Men / 2 Unit) 16 hours @ $120..00/hr . $ 1,920.00 Total I $ 2,700.00 .1:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2013-2014\14-272S_IRC_WO 41street-Topo-ROW(US1 west 1100feet).doc 3 OF 6 85 11. Field observe and record vertical ground elevations, cross sections and all specific points and changes in contour within the right of way corridor and 20 feet outside of right of way. Field observe and record existing above ground man-made and natural features within right of way corridor and 20 feet outside of right-of-way. Surveyor I 2 hours @ $140.00/hr $ 280.00 Surveyor II 12 hours @ $125.00/hr .. $ 1,500.00 Survey Crew (3 men) 80 hours @ $120.00/hr $ 9,600.00 Total II $ 11, 380.00 III. Data reduction/drafting of topographic route right of way survey maps in AutoCAD format Surveyor I 2 hours @ $140.00/hr $ 280.00 Surveyor II 16 hours @ $125.00/hr $ 2,000.00 CAD Technician I 96 hours @ $80.00/hr ...$ 7,680.00 Secretary/Word Processor 3 hours @ $40.00/hr $ 120.00 Total III $ 10, 080.00 TOTAL I — II $ 24,160.00 Lump Sum Fee r LliS. zo J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2013-2014\14-272S_IRC_WO_41street-Topo-ROW(US1 west 1100feet).doc 4 OF 6 86 INDIAN RIVER COUNTY PROFESSIONAL SURVEYING AND MAPPING CONTRACT 1333 — OCTOBER 1, 2013 — SEPTEMBER 30, 2014 FEE SCHEDULE OFFICE: Surveyor I (Director / P.S.M.) $140.00 Surveyor II (Project Manager / P.S.M.) $125.00 CADD Technician I (Senior Survey Technician) $ 80.00 CADD Technician II (Cadd/Processing) $ 70.00 Geodetic Processing $140.00 GIS Technician / Analyst $105.00 Word Processing (Administrative Assistant (Research - Clerical) $ 40.00 FIELD: 3 -Man Survey Crew $130.00 2 -Man Survey Crew $120.00 SPECIALIZED EQUIPMENT: 12' Airboat $1,000/Day All Terrain Vehicle (ATV) $300/Day Swamp Buggy $800/Day ANTICIPATED REIMBURSABLE EXPENSES: Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.00 Ea. Mylar $7.00 Ea. Photocopies: 8.5" x 11" $0.15/Ea. 8.5" x 14" $0.25/Ea. 11" x 17" $0.35/Ea. Concrete Monuments $15.00/Ea. Rebar $ 2.50/Ea. Laths $ 0.75/Ea. Sub -Consultants Cost + 10% J:\SURVEY WORK AUTHORIZATIONS\IRC Survey 2013-2014\14-272S_IRC_W0_41street-Topo-ROW(US1 west 1100feet).doc 5 OF 6 87 Final Public Hearing (Legislative and Quasi - Judicial) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: FROM: DATE: SUBJECT: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, AICP; 9 unity Development Director Sasan Rohani, AICP •j7 Chief, Long -Range Planning April 1, 2014 Grand Harbor Community Association Inc., & GH Vero Beach Development, LLC's Request for a Comprehensive Plan Future Land Use Map Amendment to Redesignate ± 8.34 Acres From C/I to M-1, and to Rezone those ±8.34 Acres from CG to RM -6; and to simultaneously Redesignate ± 8.34 Acres From M-1 to CII, and to Rezone those ± 8.34 Acres from RM -6 to CG (LUDA # 2003010231- 71580) It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 15, 2014. DESCRIPTION AND CONDITIONS This is a request for a land use amendment and rezoning of two properties. Specifically, the request involves redesignating ± 8.34 acre "Subject Property 1", from M-1, Medium Density Residential -1 (up to 8 units/acre), to CII, Commercial/Industrial, and rezoning those ± 8.34 acres from RM -6, Multi -Family Residential District (up to 6 units/acre), to CG, General Commercial District, while simultaneously redesignating ± 8.34 Acre "Subject Property 2", from C/I to M-1, and rezoning those ± 8.34 acres from CG to RM -6. As shown on the location map below, Subject Property 1 is located at the southeast corner of Indian River Blvd. and 53rd Street, and Subject Property 2 is located at the southwest corner of the Indian River Blvd. and Grand Harbor Blvd. The purpose of the request is to secure the land use designation and zoning necessary to allow Subject Property 1 to be developed with commercial uses and Subject Property 2 to be developed with residential uses. 1 88 Location Map Comprehensive Plan Amendment Review Procedures Although the number of standard plan amendments that the County may consider each year is not limited, the frequency with which the County can amend its comprehensive plan is regulated. According to the County's Comprehensive Plan, standard plan amendment application submittals are currently limited to four times per calendar year. For that reason, the county accepts standard plan amendment applications only during the months of January, April, July, and October. In this case, the subject application was submitted during the October 2013 window. The procedures for reviewing a comprehensive plan amendment involve several steps. First, the Planning and Zoning Commission, as the Local Planning Agency, conducts a public hearing to review the request. At that hearing, the Commission makes a recommendation to the Board of County Commissioners to approve, approve with modification, or deny the requested amendment. 2 89 Following the Planning and Zoning Commission action, the Board of County Commissioners conducts two public hearings. The first of those hearings is for a preliminary decision on the amendment request. At that hearing, the Board determines whether or not the amendment warrants transmittal to state and regional review agencies for their consideration. If the plan amendment is transmitted, state and regional review agencies will review the amendment as it pertains to each agency's focus area. Review agencies will then send their comments directly to the county and the State Land Planning Agency. Subsequent to staff and/or the applicant addressing any issues that were raised by the review agencies, a second and final Board of County Commissioners public hearing is conducted. If the Board approves the request, the approved amendment is submitted to the State Land Planning Agency and to the other review agencies. The amendment becomes effective 31 days after the State Land Planning Agency determines that the amendment package is complete, unless a challenge is filed by an affected party. Planning and Zoning Commission Action On December 12, 2013, the Planning and Zoning Commission unanimously recommended that the Board of County Commissioners approve the proposed land use re -designation and rezoning. Board of County Commissioners Transmittal Public Hearing Action On February 4, 2014, the Board of County Commissioners considered the proposed plan amendment and voted to transmit the amendment to State and Regional Review Agencies. Staff then transmitted the amendment to State and Regional Review Agencies. None of the State and Regional Review Agencies had any objections or comments regarding this amendment. Board of County Commissioners Final Public Hearing This public hearing is the final step in the comprehensive plan amendment process. At this time, the Board of County Commissioners must decide whether or not to approve the proposed future land use map amendment and associated rezoning request. Pattern of Existing Uses and Zoning The area surrounding the subject properties is characterized by a combination of commercial and residential zoning districts and uses (attachment #1). Both subject properties are vacant and owned by Grand Harbor. Subject Property 1 and properties to the north, east, and south of Subject Property 1 are zoned RM -6, Multi -Family Residential District (up to 6 units/acre). To the east of the Subject Property 1 is undeveloped land and a golf course and to the north across 53rd Street is the site of the proposed Reserve at Grand Harbor residential project. To the west of Subject Property 1, across Indian River Blvd, the land is vacant and zoned CL, Limited Commercial District. Land to the south of the Subject Property 1 is zoned RM -6 and contains the Grand Harbor golf maintenance facility. Subject Property 2 is zoned CG. Lands to the north and east of Subject Property 2 contain a golf course and are zoned RM -6, while lands to the south and west of Subject Property 2 are zoned RM -8 and contain The Falls at Grand Harbor residential project. 3 90 Future Land Use Pattern Properties north, east, and south of Subject Property 1 are designated M-1, Medium Density Residential -1 (up to 8 units/acre) on the county's future land use map. The M-1 designation permits various residential and institutional uses. Properties west of Subject Property 1 are designated C/I, Commercial/Industrial on the county's future land use map. The C/I designation permits commercial and industrial uses. Subject Property 2 is designated C/I on the county's future land use map. All properties surrounding Subject Property 2 are designated M-1 on the county's future land use map (attachment #1). Environment Both subject properties are vacant and were previously cleared. Neither property is designated as environmentally sensitive or environmentally important in the county's comprehensive plan. According to Flood Insurance Rating Maps, neither property lies within a special flood hazard zone. Subject Property 1 lies within flood zone X500 and Subject Property 2 lies within flood zone X. Utilities and Services Both subject properties lie within the Urban Service Area of the county. Wastewater service is available to both properties from the Central Regional Wastewater Treatment Plant, while potable water service is available from the North County Reverse Osmosis Plant. Transportation System Both subject properties abut Indian River Blvd., while Subject Property 1 abuts 53rd Street to the north and Subject Property 2 abuts Grand Harbor Blvd. to the north. In this area, Indian River Blvd. and 53rd Street are four lane divided paved roads with 150 feet of existing public road right-of-way, and are classified as principal arterials on the future roadway thoroughfare plan map. ANALYSIS In this section, an analysis of the reasonableness of the land use amendment and zoning request will be presented. Specifically, this analysis will address: • The request's impact on public facilities; • The request's consistency with the county's comprehensive plan; • The request's compatibility with the surrounding area; and • The request's potential impact on environmental quality. 4 91 Concurrency of Public Facilities The subject property is located within the Urban Service Area, an area deemed suited for urban scale development. Within the Urban Service Area, the comprehensive plan establishes standards for transportation, potable water, wastewater, solid waste, stormwater management, schools, and recreation. Adequate provision of those services is necessary to ensure the continued quality of life enjoyed by the community. To ensure that the minimum acceptable standards for those services and facilities are maintained, the comprehensive plan requires that new development be reviewed for compliance with concurrency requirements. For a land use designation amendment and rezoning request, that review is undertaken as part of the conditional concurrency determination application process. According to county concurrency regulations, projects which do not increase land use density or intensity are exempt from concurrency requirements. In this case, the subject request is to swap the land use designations and zoning of two properties that are the same size. Consequently, no change in land use density or intensity will result. Therefore, the subject land use amendment and rezoning request is exempt from concurrency review. It is important to note that adoption of the proposed land use amendment will not have any additional impact on any public facilities or services. As with all projects, a detailed concurrency analysis will be done in conjunction with review of an application for site development. That concurrency analysis will address facility service levels and demand based on a specific development plan. Consistency with the Comprehensive Plan Land use amendment requests are reviewed for consistency with all policies of the comprehensive plan. Per the county code, the comprehensive plan may be amended only in such a way as to preserve the internal consistency of the plan. Amendments must also show consistency with the overall designation of land uses as depicted on the Future Land Use Map. The goals, objectives and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development related decisions, including plan amendment decisions. While all comprehensive plan objectives and policies are important, some have more applicability than others in reviewing an individual plan amendment request. Of particular applicability for this request are the following objectives and policies. Future Land Use Element Policy 1.24 With respect to CII node expansion land use amendment requests, the most important policy is Future Land Use Element Policy 1.24. That policy states that a Commercial/Industrial node cannot be expanded unless that node is 70 percent developed or unless otherwise warranted. One of the otherwise warranted situations involves a swap of land use designations. 5 92 In this case, the subject property is part of the US# 1, 57th Street to 49th Street, Commercial/Industrial node. According to the County's Commercial/Industrial node data book, this node is 44% developed. Even though this node is not 70% developed, the subject request meets Policy 1.24 because it involves a swap of land use designations that will not result in an increase in the total amount of C/I designated acreage. Future Land Use Element Policy 1.43 Policy 1.43 states that not every zoning district allowed in a land use designation is appropriate for every site within that land use designation. The policy also provides criteria for evaluating the appropriateness of a requested zoning district at a particular location. With respect to the site proposed for RM -6 zoning (Subject Property 2), the requested multi -family zoning is appropriate since the site is adjacent to multi -family areas and employment centers, is located along an arterial road, and does not abut single-family areas on all sides. With respect to the site proposed for CG zoning (Subject Property 1), the requested general commercial zoning is appropriate since the site is located along an arterial road and at a major intersection, is separated from residential development, is separated from industrial areas, and is located near retail and office areas. Therefore, the proposed zoning of Subject Property 2 to RM -6 and Subject Property 1 to CG meets Policy 1.43 criteria. Future Land Use Element Policy 14.3 Another important policy to consider in plan amendment requests is Future Land Use Element Policy 14.3. That policy requires that one of four criteria be met in order to approve a land use amendment request. Those criteria are: 1. The proposed amendment will correct a mistake in the approved plan; 2. The proposed amendment will correct an oversight in the approved plan; 3. The proposed amendment is warranted based on a substantial change in circumstances affecting the subject property; or 4. The proposed amendment involves a swap or reconfiguration of land use designations at separate sites and, that swap or reconfiguration will not increase the overall land use density or intensity depicted on the Future Land Use Map. In this case, the proposed land use amendment involves a swap and meets Policy 14.3's fourth criterion. Therefore, the proposed amendment is consistent with Policy 14.3. Future Land Use Element Policy 2.2 Future Land Use Element Policy 2.2 states that the county shall encourage and direct growth into the Urban Service Area through zoning and the LDRs (land development regulations). Since the proposed land use amendment and rezoning will allow development on the subject properties, and those properties lie within the Urban Service Area, the request implements Future Land Use Element 6 93 Policy 2.2. Summary of Consistency with the Comprehensive Plan While the referenced policies are particularly applicable to this request, other Comprehensive Plan policies and objectives also have relevance. For that reason, staff evaluated the subject request for consistency with all plan policies and objectives. Based upon that analysis, staff determined that the request is consistent with the Comprehensive Plan. Compatibility with the Surrounding Area Both subject properties are part of the overall Grand Harbor development. Currently, the land to the west of Subject Property 1 is designated C/I and zoned CL, Limited Commercial. As such, the proposed C/I designation of Subject Property 1 will result in a continuation of the existing Commercial/Industrial land use designation. Property located east of Subject Property 1 is undeveloped land owned by the applicant. South of Subject Property 1 are sites containing the Grand Harbor golf course maintenance area and other facilities. Property to the north of Subject Property 1 across 53rd Street is the proposed and partially constructed Reserve at Grand Harbor residential project which is owned by the applicant. Thus, Subject Property 1 does not abut any existing residential uses and does not abut any residentially zoned property except property owned by the applicant. Consequently, redesignating the subject property to C/I and rezoning the subject property to CG will not create any incompatibilities between Subject Property 1 and surrounding properties. Properties to the north and east of Subject Property 2 are zoned residential and contain a golf course. Property to the west and south of the Subject Property 2 are zoned RM -8 and contain The Falls at Grand Harbor residential project. Thus, Subject Property 2 is adjacent to multi -family residential property and a golf course and the proposed zoning change will extend the multi -family zoning around The Falls at Grand Harbor. Consequently, redesignating the subject property to M-1 and rezoning the subject property to RM -6 will not create any incompatibilities between the Subject Property 2 and surrounding properties. For those reasons, development of the subject properties under the proposed land use designations and zoning districts will be compatible with surrounding areas. Potential Impact on Environmental Quality For both properties, the environmental impact will be the same under the existing and the proposed land use designations and zoning districts. No adverse environmental impacts associated with this request are anticipated. CONCLUSION The proposed Future Land Use Map amendment and rezoning request is consistent with the comprehensive plan, compatible with all surrounding land uses, and will cause no adverse impacts on the environment or the provision of public services. For those reasons, staff supports the request. 7 94 RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed future land use map amendment and associated rezoning by adopting the attached ordinances. ATTACHMENTS 1. Existing and Proposed Land Use and Zoning Maps 2. Land Use Designation Amendment and Rezoning Applications 3. Minutes of December 12, 2013 Planning and Zoning Commission Meeting 4. Minutes of February 4, 2014 Board of County Commissioners Meeting 5. Land Use Amendment Ordinance 6. Rezoning Ordinance Approved Agenda Item: For: Li 15, I( Byft. . Indian River Co. Approved Date Admin. ,b //o//� Legal / ! 4)..i. `i Budget ( 14 Dept. ..- 3/. /I/y Risk Mgr. 8 95 Existing and Proposed Land Use and Zoning maps Existing Land Use Map Grand Harbor Land Use & Zoni a Swa coy �If1®�I,9111lIIIlf m7arrr,}mau a�d�lsrra.---�srinrir ,® awns Spate_ IRC Comma, Development Deportment Norereoer 19, 2019 Inv r,0 errlkI-0.. failkomilikAvIt-- --taiii111101con? jun111,111111 AA Proposed Land Use Map Grand Harbor Land Use & Zoni a Swa p�'��tiJI Legend Flue Lana use IS 1--1 Nt2 142 SownIRC Commonly Development Department November 19. 2019 Attachment 1 9 96 Existing Zoning Map Grand Harbor Land Use & Zoni a Swa Scarce' RC Lamm my Derela melt Geparenen1 N.ernber t3, 2013 Proposed Zoning Map Grand Harbor Land Use & Zonin• S Source- FM Commenter Dertlopmenl Deparament Normber 13, 2013 Legend ZONING At AcG IN E w 121 itigt a RN -C Ell RM -a • R14-10 RS -6 Attachment 1 F:\Community Development\Comprehensive Plan Land Use Amendments\Grand Harbor land use swap 2013 - LUDA - 279\Staff report\BCCFinal PH item Grand Harbor land use swap-4-15-14.doc 10 97 APPLICATION FORM LAND USE DESIGNATION AMENDMENT (LUDA) INDIAN RIVER COUNTY OfT013 Planning Division accepts Land Use Designation Amendment applications onI s..during the months of January and July of each year unless it is a small scale land use amen inentess than 10 acres). Each application must be complete when submitted and must i -ctudg all required attachments. An incomplete application will not be processed and returned to the applicant. ( Assigned Project Number: LUDA - Pe0 03 0 /0 2 3 / _ 7/ )c) --c277 c277 Current Owner Complete Mailing Address: Grand Harbor Community Associate GH Vero Beach Development, LLC Applicant (Contract Purchaser Agent Phone # (including area code Fax # includin_ area code E -Mail: Contact Person: 772-794-7811 772-770-4727 ccleary@grandharbor.com Signature of Owner or Agent: 2231 Falls Circle Vero Beach, FL 32967 772-794-7811 772-770-4727 Information Site Address: southeast corner o Indian River Boulevard and 53rd Street Site Tax Parcel I.D. #s: 32-39-23-00002-0000-00000.2, 32-39-23-00026-0000-00000.1, 32-39-23-00000-3000-00001.0, 32-39-23-00000-3000-00002.0 & 32-39-23-00000-3000-00003.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existing Land Use Designation: Requested Land Use Designation: Total (gross) Acreage of Parcel: Existing Use on Site: Proposed Use on Site: M-1 & C/I C/I&M-1 28.08 Existing Zoning District: CG Requested Zoning District: R11.6 Acreage (net) to be Amended: 16.6 APPLICANT(S) MUST ATTEND A PRE -APPLICATION ONFERENCE WITH LONG-RANGE ANNING SECTION STAFF PRIOR TO APPLYING, ATTACHMENT 2 98 LAND USE DESIGNATION AMENDMENT APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. 1. Fee: Pro•e Size - Less than 5 Acres 5 to 40 Acres ITEMS LUDA Only LUDA and Rezoning $3,000.00 $3,800.00 $3,800.00 $4,100.00 - 41 to 100 Acres $4,000.00 $4,400.00 - More than 100 Acres $4,000.00* $4,500.00** * $200.00 for each additional 25 acres over 100 acres ** $150.00 for each additional 25 acres over 100 acres . Completed LUDA Application Form (front page) . Completed Rezoning Application Form (if applicable Letter of Authorization from Current Owner(s) OR Current Owner is A. I licant Applicant's Checklist Staff Checklist Current owner is applicant Verified statement (separate letter) naming every individual or entity having legal or equitable ownership in the property. One (1) Co of the Owner's Deed A CurrentPolicy OR A Certificate of Title fromCompany OR An attorney's opinion ownership of the property. 8. One (1) SEALED boundary survey of the area to be redesignated. The boundary survey shall include, but not be limited to the following: O a legal description of the land proposed for resdesignation; o the size of the land proposed for redesignation; o the public road right-of-way width of adjacent roads; and ❑ a north arrow 9. Electronic version (MS Word is preferable) of the legal description 10. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, including traffic study, if applicable 11. Written statement discussing the following: ® The proposed amendment's consistency with the goals, objectives, and policies of the comprehensive plan; n The proposed amendment's impact on public facilities and services • The proposed amendment's environmental impacts; and u The proposed amendment's compatibility with surrounding areas. X X X N/A X NOTE: ITEMS 2-7 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 F:\Community Development \Users \VICKIE\FORMS\CPAAMENDMENTFORM.doc 2 99 OWNERS Grand Harbor Community Association, Inc ATTN: CHRIS CLEARY 4755 South Harbor Drive Vero Beach, FL 32967 GH Vero Beach Development LLC ATTN: JENNIFER GROHOL 4755 South Harbor Drive Vero Beach, FL 32967 iMnilDrnianiveVIt14 1111 A AI A no, /IAA TAX I.D.# 32-39-23-00002-0000-00000.2 32-39-23-00026-0000-00000.1 32-39-23-00000-3000-00001.0 32-39-23-00000-3000-00002.0 32-39-23-00000-3000-00003.0 100 Assi APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include al�° J equired attachments. An incomplete application will not be processed and will be returu'to_the applicant. 9 0 ed Pro'ect Number: RZON - vZO� ©/i w Current Owner Complete Mailing Address: Grand Harbor Community Associa GH Vero Beach Development, LLC 4755 South Harbor Drive Vero Beach, FL 32967 Phone #: (including area code Fax #: (including area code 772-794-7811 Applicant (Contract Purchaser) • n, Inc N/A Agent H Vero Beach Development!! 2231 Falls Cirde Vero Beach FL 32967 772-794-7811 772-770-4727 772-770-4727 E -Mail: Contact Person: ccieary@grandharbor.com Chris Cleary , cclea • randharbor.com Chris Cleary Si ' nature of Owner or A ' ent: Site Address: southeast cor ndian River Boulevard and 53rd Street Site Tax Parcel I.D. #s: 32-39-23-00002-0000-00000.2, 32-39-23-00026-0000-00000.1, 32-39-23-00000-3000-00001.0, 32-39-23-00000-3000-00002.0, & 32-39-23-00000-3000-00003.0 Subdivision Name, Unit Number, Block and Lot Number (if applicable) N/A Existin: ZoninDistrict: CG & RM -6 Existing Land Use Desi. ation: Re• uested Zonin: District: RM -6 &.(l Total :ross Acrea:e of Parcel: Acrea:e net to be Rezoned: 16.6 Existing Use on Site: Proposed Use on Site: 1 101 TOE APPLICANT IS STRONGLY ENCOURAGED TO ATTEND A PRE -APPLICATION CONFERENCE WITH. LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not applicable. . Fee: ITEMS A Property Size licant's Checklist Staff Checklist - Less than 5 Acres - 5 to 40 Acres - 41 to 100 Acres - More than 100 Acres * $125.00 for each additional 25 acres over 100 acres $1,550.00 $2,000.00 $2,300.00 $2,500.00* 2. Com.leted Rezoning Application Form (front page) 3. Letter of Authorization from Current Owner(s) OR Current Owner is A licant Current owner is applicant 4. Verified statement (separate letter) naming every individual or entity having legal or equitable ownershiin the . ro e . 5. One 1) Copy of the current Owner's Deed 6. A Current Owner's Title Policy OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownershiof the .ro.e . 7. One (1) SEALED boundary survey of the area to be rezoned. The boundary survey shall include, but not be limited to the following: w a legal description of the land to be rezoned El the size of the land to be rezoned cs the public road right-of-way width of adjacent roads; and ® a north arrow 8. Electronic version (MS Word is preferable) of the legal description 9. Copy of Approved Concurrency Certificate OR Copy of filed application for Concurrency Certificate, includin: traffic stud , if a..licable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: January 10, 2008 F:\Community Development\User\VICKIEIFORMSIremningrequestform.doc 2 102 OWNERS TAX ID. # Grand Harbor Community Association, Inc ATTN: CHRIS CLEARY 4755 South Harbor Drive Vero Beach, FL 32967 GH Vero Beach Development LLC ATTN: JENNIFER GROHOL 4755 South Harbor Drive Vero Beach, FL 32967 32-39-23-00002-0000-00000.2 32-39-23-00026-0000-00000.1 32-39-23-00000-3000-00001.0 32-39-23-00000-3000-00002.0 32-39-23-00000-3000-00003.0 subdivision, we Owner. Schulke, (Residential Singl Designation: L-2 (L Density: 2.27 units/a Judicial] of the Lateral J canal. GHO Serenoa Corp, Bittle & Stoddard, LLC, Agent. Zoning: RS -6 -Family up to 6 units/acre). Land Use w Density 2 up to 6 units/acre). Proposed e (SD -13-11-04/98110046-71272) [Quasi - The secretary administered the testimonial oath t wished to speak at tonight's meeting on t 's matter. Vice -Chairman Brognano asked the C • m : loners to reveal any ex -parte communication with the applicant or any con,:ct that would not allow them to make an unbiased decision. All Commis '•ne s replied they had not had any ex -parte communication. ose present who Mr. Stan Boling, IRC Commu • ty Development ' 'rector, advised since this was a Consent item staff had ' o presentation, add g he would be glad to answer any questions. ON MOTTO ► BY Dr. Day, SECONDED B Ms. Caldaron-, the members voted unanimously (5-b) to grant • reliminary plat approval with staff's condi ons. Public Hearing: Vice -Chairman Brognano read the following into the record: A. Grand Harbor Community Association Inc., & GH Vero Beach Development, LLC's Request for a Comprehensive Plan Future Land Use Map Amendment to Redesignate ± 8.3 Acres From C/I to M-1, and to Rezone those ±8.3 Acres from CG to RM -6; and to simultaneously Redesignate ± 8.3 Acres From M-1 to C/I, and to Rezone those ± 8.3 Acres from RM -6 to CG (LUDA # 2003010231- 71580) [Legislative and Quasi -Judicial] Vice -Chairman Brognano asked the Commissioners to reveal any ex -parte communication with the applicant or any contact that would not allow them to have an unbiased decision. All Commissioners replied they had not had any ex - parte communication. The secretary administered t wished to speak at tonight's meeting PZC/Unapproved 2 December 12, 2013 F:16CC1All Committees\P&Z12013 -AGENDAS &.MINUT HeTRIVI eNtc testimonial oath to those present who this matter. A'ii`A i tAi rri .r 104 Mr. Sasan Rohani, IRC Chief of Long -Range Planning, reviewed the information contained in his memorandum dated December 3, 2013 and gave a PowerPoint presentation, copies of which are on file in the Commission Office. He concluded with staffs recommendation that the PCZ recommend that the Board of County Commissioners (BCC) approve the proposed amendment. Mr. Emmons asked if this was a situation whereby it was originally an oversight and this was just a better use of the actual land itself today. Mr. Rohani explained the applicant used to have its sales office located in the subject parcel; but the building had since been demolished and it made sense to change the land use so all the land use in the south portion of the development would be residentially zoned, and what was now going to be commercial was a continuation of the commercial zoning to the west. Mr. Boling added that one of the plan amendment criteria specifically provided for land use designation swaps such as the subject application. Mr. Steve Moler, representing the applicant, came forth and offered to answer any questions. Mr. Emmons asked what the applicant's intended to use the subject property for if the request was approved. Mr. Moler responded the site would be used as a real estate office by the applicant and possibly as administrative offices for property associations, etc. Vice -Chairman Brognano opened the public hearing at 7:10 p.m. and since no one wished to speak, the public hearing was closed. ON MOTION BY Dr. Day, SECONDED BY Mr. Stewart, the members voted unanimously (5-0) to recommend that the Board of County Commissioners approve the proposed rezoning and redesignation amendment to the County's Comprehensive Plan. Plannin ers Mr. Boling advi -. Ch an Zimmerman could not be present tonight due to a family emergency. -. , . - er he had requested staff's presentation on the County's Wireless aster Plan - ireless Regulations not be postponed again. He r- '-wed the information contain -6 in his memorandum of November 26, 2013 a d gave a PowerPoint presentation, copies of which are on file in the PZC/Unapproved 3 December 12, 2013 F:\BCC All Committees\P&Z\2013 — AGENDAS & MINUTES\P&Z-12-12-13.doc 105 Minutes from February 4, 2014 BCC meeting are not available at this time Attachment # 4 5 106 ORDINANCE NO. 2014 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FUTURE LAND USE MAP BY CHANGING THE LAND USE DESIGNATION FOR ±8.34 ACRES LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BLVD. AND INDIAN RIVER BLVD. FROM C/I, COMMERCIAL INDUSTRIAL TO M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE); AND TO SIMULTANEOUSLY REDESIGNATE ±8.34 ACRES LOCATED SOUTHEAST CORNER OF INDIAN RIVER BLVD. AND 53RD STREET FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE), TO C/I, COMMERCIAL INDUSTRIAL; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the County received the subject comprehensive plan amendment application during its October 2013 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on this comprehensive plan amendment request on December 12, 2013, after due public notice, and WHEREAS, the Local Planning Agency recommended that the Board of County Commissioners transmit the subject comprehensive plan amendment to State and Regional review agencies; and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on February 4, 2014, after due public notice, and WHEREAS, the Board of County Commissioners approved the transmittal of this comprehensive plan amendment to State and Regional review agencies, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to advertise and hold a final public hearing at the adoption stage of this plan amendment, and WHEREAS, the Comprehensive Plan Amendment was transmitted to State and Regional review agencies, and WHEREAS, State and Regional review agencies had no objections concerning this Future Land Use Map Amendment, and WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on April 15, 2014, after due public notice. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: CHT NT 5 1 107 ORDINANCE NO. 2014 - SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendment to the Indian River County Comprehensive Plan identified in Section 2 is hereby adopted, and the Board of County Commissioners directs staff to transmit copy of the amendment to appropriate State and Regional review agencies. SECTION 2. Amendment to the Comprehensive Plan Subject Property 1: TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE) TO C/I, COMMERCIAL INDUSTRIAL TO FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY, FLORIDA: A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE NORTH 89°56'54" WEST ALONG THE NORTH LINE OF SAID SECTION 23 A DISTANCE OF 49.10 FEET; THENCE SOUTH 00°02'18" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 23 A DISTANCE OF 257.50 FEET TO THE POINT OF BEGINNING OF THE HEREON DESCRIBED PARCEL; THENCE CONTINUE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 23 A DISTANCE OF 362.50 FEET; THENCE SOUTH 45°03'11" WEST A DISTANCE OF 56.57 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD; THENCE SOUTH 00°02'51" WEST ALONG THE SAID EAST RIGHT OF WAY A DISTANCE OF 302.90 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1,800 FEET, THROUGH A CENTRAL ANGLE OF 20°00'03" FOR AN ARC LENGTH OF 628.34 FEET, SAID CURVE BEING SUBTENDED BY A CHORD OF 625.16 FEET THAT BEARS SOUTH 09°57'10", TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE SOUTH 89°48'32" EAST ALONG SAID SOUTH LINE A DISTANCE OF 293.98 FEET; THENCE NORTH 00°02'43" EAST AND PARALLEL WITH THE EAST LINE OF THE SAID NORTHWEST ONE QUARTER OF SECTION 23 A DISTANCE OF 959.30 FEET TO THE POINT OF BEGINNING. CONTAINING 363,150 SQUARE FEET OR 8.34 ACRES MORE OR LESS. Subject to all easements, right-of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Subject Property 2: TO CHANGE THE FUTURE LAND USE MAP DESIGNATION FROM C/I, COMMERCIAL INDUSTRIAL TO M-1, MEDIUM DENSITY RESIDENTIAL -1 (UP TO 8 UNITS PER ACRE) FOR THE FOLLOWING DESCRIBED PROPERTY SITUATED IN INDIAN RIVER COUNTY, FLORIDA: 2 108 ORDINANCE NO. 2014- A PORTION OF LAND LYING IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 63 EXTENDED OF THE SAID FALLS AT GRAND HARBOR, PLAT 29 AND THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE SOUTH 63°48'43" WEST, A DISTANCE OF 300.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF FALLS CIRCLE; THENCE NORTH 26°11'17" WEST AONG SAID NORTH RIGHT-OF-WAY LINE OF FALLS CIRCLE, A DISTANCE OF 92.24 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 58°50'46"; THENCE CONTINUING NORTHWESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID FALLS CIRCLE ALONG THE ARC A DISTANCE OF 282.44 FEET; THENCE NORTH 00°22'47" WEST, A DISTANCE OF 227.49 FEET; THENCE NORTH 58°45'03" EAST, A DISTANCE OF 34.20 FEET; THENCE NORTH 31°14'57" WEST, A DISTANCE OF 126.33 FEET; THENCE NORTH 45°05'17" WEST, A DISTANCE OF 138.46 FEET; THENCE NORTH 81°38'13" WEST, A DISTANCE OF 74.53 FEET; THENCE SOUTH 53°21'47" WEST, A DISTANCE OF 161.47 FEET; THENCE NORTH 43°56'26" WEST, A DISTANCE OF 64.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HARBOR DRIVE AND THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES NORTH 54°29'33" WEST, A RADIAL DISTANCE OF 548.00 FEET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HRBOR DRIVE THE FOLLOWING CALLS; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 06°17'40", A DISTANCE OF 60.20 FEET; THENCE NORTH 29°12'46" EAST, A DISTANCE OF 102.73 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 452.00 FEET AND A CENTRAL ANGLE OF 24°14'41"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 191.26 FEET; THENCE NORTH 53°27'26" EAST, A DISTANCE OF 200.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF- WAY LINE OF SAID HARBOR DRIVE AND THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER BOULEVARD; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER DRIVE THE FOLLOWING CALLS; THENCE SOUTH 36°32'31" EAST, A DISTANCE OF 86.73 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 4,414.98 FEET AND A CENTRAL ANGLE OF 10°21'14"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 797.82 FEET; THENCE SOUTH 26°11'17" EAST, A DISTANCE OF 186.32 FEET BACK TO THE POINT OF BEGINNING. Containing 363,150.01 square feet or ±8.34 acres, more or less. Subject to all easements, right- of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance and therefore the Indian River County Comprehensive Plan Amendment is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. 3 109 ORDINANCE NO. 2014 - SECTION 5. Effective Date The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. This ordinance was advertised in the Press -Journal on the 31' day of March , 2014, for a public hearing to be held on the 15th day of April 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Peter O'Bryan, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Joseph E. Flescher, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter O'Bryan , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk This ordinance was filed with the Department of State on the following date: 4 110 ORDINANCE NO. 2014 - APPROVED AS TO FORM AND I FGAL SUFFICIENCY (,. County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\Grand Harbor land use swap 2013 - LUDA - 279\Resolution and Ordinances\GH Land Use Swap final LUDA Ordinance 4-15-2014.doc 5 111 ORDINANCE NO. 2014 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND ZONING MAP FOR APPROXIMATELY ±8.34 ACRES LOCATED AT THE SOUTHWEST CORNER OF GRAND HARBOR BLVD AND INDIAN RIVER BLVD FROM CG, GENERAL COMMERCIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRES); AND TO SIMULTANEOUSLY CHANGE THE ZONING DESIGNATION OF ±8.34 ACRES LOCATED SOUTHEAST CORNER OF INDIAN RIVER BLVD AND 53RD STREET FROM RM -6, MULTI -FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS PER ACRES), TO CG, GENERAL COMMERCIAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: Subject Property 1: The zoning of the following described property situated in Indian River County, Florida, to -wit: A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE NORTH 89°56'54" WEST ALONG THE NORTH LINE OF SAID SECTION 23 A DISTANCE OF 49.10 FEET; THENCE SOUTH 00°02'18" EAST A DISTANCE OF 35.00 FEET; THENCE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 23 A DISTANCE OF 257.50 FEET TO THE POINT OF BEGINNING ATTACHMENT 6 Page 1 of 4 112 ORDINANCE NO. 2014 - OF THE HEREON DESCRIBED PARCEL; THENCE CONTINUE NORTH 89°56'54" WEST AND PARALLEL WITH THE SAID NORTH LINE OF SECTION 23 A DISTANCE OF 362.50 FEET; THENCE SOUTH 45°03'11" WEST A DISTANCE OF 56.57 FEET TO AN INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF INDIAN RIVER BOULEVARD; THENCE SOUTH 00°02'51" WEST ALONG THE SAID EAST RIGHT OF WAY A DISTANCE OF 302.90 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1,800 FEET, THROUGH A CENTRAL ANGLE OF 20°00'03" FOR AN ARC LENGTH OF 628.34 FEET, SAID CURVE BEING SUBTENDED BY A CHORD OF 625.16 FEET THAT BEARS SOUTH 09°57'10", TO AN INTERSECTION WITH THE SOUTH LINE OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SAID SECTION 23; THENCE SOUTH 89°48'32" EAST ALONG SAID SOUTH LINE A DISTANCE OF 293.98 FEET; THENCE NORTH 00°02'43" EAST AND PARALLEL WITH THE EAST LINE OF THE SAID NORTHWEST ONE QUARTER OF SECTION 23 A DISTANCE OF 959.30 FEET TO THE POINT OF BEGINNING. Containing 363,150 square feet or ±8.34 acres more or less. Subject to all easements, right-of- way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Is changed from RM -6, Multi -Family Residential District (up to 6 units/acre), to CG, General Commercial district. All with the meaning and intent as set forth and described in said Land Development Regulations. And Subject Property 2: The zoning of the following described property situated in Indian River County, Florida, to -wit: A PORTION OF LAND LYING IN SECTION 23, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 63 EXTENDED OF THE SAID FALLS AT GRAND HARBOR, PLAT 29 AND THE WEST RIGHT-OF-WAY LINE OF INDIAN RIVER BOULEVARD; THENCE SOUTH 63°48'43" WEST, A DISTANCE OF 300.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF FALLS CIRCLE; THENCE NORTH 26°11'17" WEST AONG SAID NORTH RIGHT-OF-WAY LINE OF FALLS CIRCLE, A DISTANCE OF 92.24 FEET TO A POINT OF CURVE TO THE LEFT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 58°50'46"; THENCE CONTINUING NORTHWESTERLY ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID FALLS CIRCLE ALONG THE ARC A DISTANCE OF 282.44 FEET; THENCE NORTH 00°22'47" WEST, A DISTANCE OF 227.49 FEET; THENCE NORTH 58°45'03" EAST, A DISTANCE OF 34.20 FEET; THENCE NORTH 31°14'57" WEST, A DISTANCE OF 126.33 FEET; THENCE NORTH 45°05'17" WEST, A DISTANCE OF 138.46 FEET; THENCE NORTH 81°38'13" WEST, A DISTANCE OF 74.53 FEET; THENCE SOUTH 53°21'47" WEST, A DISTANCE OF 161.47 FEET; THENCE NORTH 43°56'26" WEST, A DISTANCE OF 64.75 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF HARBOR DRIVE AND THE POINT OF CURVE OF A NON TANGENT CURVE TO THE LEFT, OF WHICH THE RADIUS POINT LIES NORTH 54°29'33" WEST, A RADIAL DISTANCE OF 548.00 FEET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID HRBOR DRIVE THE FOLLOWING CALLS; THENCE NORTHEASTERLY ALONG THE ARC, THROUGH A CENTRAL ANGLE OF 06°17'40", A DISTANCE OF 60.20 FEET; THENCE NORTH 29°12'46" EAST, A DISTANCE OF 102.73 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 452.00 FEET AND A CENTRAL ANGLE OF 24°14'41"; THENCE NORTHEASTERLY ALONG THE ARC A DISTANCE OF 191.26 FEET; THENCE NORTH 53°27'26" EAST, A DISTANCE OF 200.00 FEET TO THE INTERSECTION OF THE SOUTH RIGHT -OF - Page 2 of 4 113 ORDINANCE NO. 2014 - WAY LINE OF SAID HARBOR DRIVE AND THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER BOULEVARD; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID INDIAN RIVER DRIVE THE FOLLOWING CALLS; THENCE SOUTH 36°32'31" EAST, A DISTANCE OF 86.73 FEET TO A POINT OF CURVE TO THE RIGHT HAVING A RADIUS OF 4,414.98 FEET AND A CENTRAL ANGLE OF 10°21'14"; THENCE SOUTHEASTERLY ALONG THE ARC A DISTANCE OF 797.82 FEET; THENCE SOUTH 26°11'17" EAST, A DISTANCE OF 186.32 FEET BACK TO THE POINT OF BEGINNING. Containing 363,150.01 square feet or ±8.34 acres, more or less. Subject to all easements, right- of-way of record, conditions, and restrictions as contained within the chain of title. All lying and being in Indian River County, Florida. Is changed from CG, General Commercial District to RM -6, Multi -Family Residential District (up to 6 units/acre). All with the meaning and intent as set forth and described in said Land Development Regulations. This ordinance shall become effective 31 days after the State Land Planning Agency determines that the associated land use amendment package is complete, unless a petition is filed by an affected party. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 15th day of April, 2014. This ordinance was advertised in the Press -Journal on the 31St day of March 2014, for a public hearing to be held on the 15th day of April, 2014 at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Peter O'Bryan, Chairman Wesley S. Davis, Vice Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Joseph E. Flescher, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Peter O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Page 3 of 4 114 ORDINANCE NO. 2014 - This ordinance was filed with the Department of State on the following date: APP VE AST FO GAL SUFFICIENCY y, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Com} ignity Development Director F:\Community Development\Comprehensive Plan Land Use Amendments\Grand Harbor land use swap 2013 - LUDA - 279\Resolution and Ordinances\Rezoning Ordinance GH Zoning swap 4-15-2014.doc Page 4 of 4 115 SCRIPPS SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Cow/line PO # INDIAN RIVER CO PLANNING 2612438 3/31/2014 PUBLIC HEARING 4-15-14 REZONING Sworn to d s bscribed befo me this day of, March 31, 2014, by i ), who is Sherri Cipriani -� [X] personally known to me or [ ] who has produced as identification. Michael Merone ♦�'row op. Job. .An. ..An, .`Z' 4tfilkMICHAEL MERONE Notary Public - State of Florida % 4.,?My Comm. Expires May 20, 2014 .,;FF�oP, Commission # DD 994177 igri Notary Public /v• 4. I. NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES ORIGhV Indian River County Planning Depa... Ad Number: Section-Page-Zone(s): DI x 91 ag BEFORE THE BOARD OF U 0) 0 a � a Z M Z 0) Q >0 0) � N p v) 0 Insertion Number: TCPALM.COM CLASSIFIED ORDINANCES ORDINANCES B PETITIONS A PETITIONS NOTICE OF ACTION OOlPlTyUi ENrISZOH,T ec. xt51 et zw of Yoaery en np. PCon Phelan Boar of onsaNDIAN FIVER f Comm as cOARD nuvtCOY F UNT SINERS Iedrin"tl i- 0 .s. Pe COD. TNEBi BM TCNx61x7J Onilis RIVER IOUNT,LOOCA AMEND- NORGE OF ACTION eGAaTREEArDIN VCIRC LOCA A NCE PROGRAM, OF M . JUDICIAL CIRCUIT IT W,INTXFUVNIOF OCSEr0 "2 EFECTvATEA" 2013CA 000733 np WELL5F7 RGO will be held on Tues. day, April 29,4 ASSOCIATION AS ,PRUJuU0W VES MENTSMORTGAIIINC, G EENPOINT MORT FUNDANc THROUGH CERTIFI ministration [A ENJ' SERIES FloaraM1Eee32960eLR ed parties may e. time intercs, KTASALO A pro- posedordinance.=":),^,g ONOTCE OF ACTION s TENSA CTRr E arNA DRESS: DORAL. FL 33178. Anyone who ma 0333 '2's" HEREBY eed to 1 70d NOTIFIED,,,M:t, an ..I tit^ PNO FIVER rCoun pp gLr�'FI86ea.1 is 5oEoir"wo"DI°, P rl'R PETof TIAs RECORDED Iq PLAT w via °c oNrviv, „FLORIDA inti 2`2°6 °. (TDD M1re beam r en 2T NOTICE NOTICE 33009 Creta udedale theo file POA°1ip 111°.'i� DATED. o3IxN14 Clerk of the Circuit Deputy Clerrk S io n 9001 NOA r2ia'oud7t'i'o 4"47: sonswith gra t'o'ro'caZ'll2nRi D� FL 86, 1])214070 at least 7 days 0]- 'clla leas Man sevulecl°;pLr 31, ri OtnarcTCNz6t2°444 I0 MONDAY. MARCO 31, 2014 • SCRIPPS TREASURE COAST NEWSPAPERS • 11 NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF NOTICE OF FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE FILE A CLAIM WITH TO 1HI5 ACTION, OR vs. ABD HADIE n ofely a "n ec Ivinp :T.',1'.7,:.';%',..^. lKING EI 0 vllz nolbOclO'onll M1M1e sDAT9 AFTER HNVI NG DR CLAIM- JEFFREY JOSEPH cult in and for INDI• soAeaduledoeppear- i+ THESALE TO HAVE ANY SAPUTD,e1al., mt Court AeN� RIGHT, TITLE OR IN- Oefendantl+l. AONE HABEPi VEEP AN RIVER Y, t `e° 2 'rtyy u ' 1"h"2'0!42 b I TE ES N HE RAD • IN, Luiel'21] 5 201 cole DESCRIBED, are NOTICE OF SALE CEA STE P ORGNN CONNSL . 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TVERNONH sN2su1 sEo: i ri IK)A oA us. esoanNAn N N 2516 F el"DB BEACH' o° rt BROwry i0 IN -,1,, UETp, AL TION, N T E CIRCUIT z2 W CV�ZEO; EO RVA X, ICONfl10RFNpF 0.1451]Ofi]uNOsm LOO a[CORO'IN" TO DE - LO -NIL. BL000 Cb OF AP OBERT VER'u AVA2sP0USE`V DRR M ITN I NHIVOEfl ON Nwith BgEC00t E>°EAT AAOOSI UKNIITi1Pi, SEp"SED.DUN'ICEED UN SEP FORE abililomw% PSAE 5T D PLATNHEREOF AS C EINOFEAMIRERI- OF KNO N sA0U5' AESDIOATIFOUSN, CIVILDIVISION:B W PUBLIC F COAFq RECORDED IN PLAT gEVENUESENCICE LIETZODEBORAH UNKNOWN nioNNCE CORPORA 2013 fA00o6SE xa tl 'm N R K 6 P EIS' 90, C - NIsI IN POSE , el i�FF COUNTY, FLORIDA. PUBLIC RE KWNWRNL T'ENANTSI SESSION OF Delennantz.' FEDERAL NATIONAL P ereeE'mAe CORDS INDIAN 0 BJECT PRrEoR OHiAGE, A550: a lr,TEp EILST ANY PENSD`NC N. Deenaanss. ANK NOOSUOF INTHESU LNG AN INTEREST (NOTICE OF SALE gtYn' RIGA, .A.: M1re FOBEC HE BALE PN ntiR, veno. FROM THE SALE, IF N E SURPLUS T e - BO NNIS C. 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U2A NG LYININ G AAH PAGE 56 ereon COUIN NTY, FLORIDA.AN IVER PUUBILIC'RECORDS P TNUIRUBT`EE ir,gu AHE apm: w abilry�wM1O RIVE pCOUNTY, IALORIOA WITH A EENS d ISI OWn EHAION .9.F., C2 TEKT'RCST.02 NYA COMMODA- p as: 14aA l'iarum o' sale it t5 N'i° - OF TEE areECT Plainl'HI,L pIAg7 c17, TE VI ° o +OEACHa GL 0 V ypertvBaow rPROPERTY „re I NEOCEEOING, y IudiPO tne6bui61 A M LBEAL vOtl A TITLED o�an wit eC pvpunenanl<e Naan d 0 TOsi T Pleiase eco �in�arrie °°"tote e. 'y leneanls 1ap,',N e AOF tPp :ICE VALE gSEFCONTACT Country Drive and bidder, e DFebCuarvlx604.aa ia+ Florida NPLCsECHAT'.A cash, Sal. are ` aTBoN° sp"N5 maxi Bm` ai)a :I ° Aaeo<a a. "u Indi Submilled by, ty,,,p7eers ng Statutes at, 10. AM NOT CE sxEaHROY oRrNsBYTC iia least ],T at .RE A. 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N AH DH ACAIFis* you a'e`eei„' uETZL IETZ DAVID aommodationnin or d p a RANDALLDAVID RLIET2, OE this pro. FOREC°.MREFSALE NOTICE IS HF re Final Judgment of Foreclosure dated ORDINANCES 6 PERTI005 ORDINANCES A PETITIONS ORDINANCES 8 PETITIONS BEFORE INDIAN OF COUNTY COMMISSIONERS La FLORIDA NOTICE OF REZONING PUBLIC HEARING The title ofM1e proposed ordinance is as lollowz: H2T2IE OCiDN aROONttRIORIDA, AMENDING MENDING MATEL0YN8N.3G ARENLNCEATAENDOZONMHWERSTAPOMN OF GRAHARBOR L AND INDIAN RIVE. BLVD FRCOam LLOMMERiIADSTRICTi0 R MULTI .1FAI NEIUP TO 6 UNITS PER ACHES,. ANO TO SGENERAL UTADULY CHANGE THE ZONING DESIGNATION Of 8 04 CRESLOCrOMAEMcINDIAN ITiCriVriNUFOPEPAeCRMEusnO NDLNCOA RIVER M,E,R.AITHnvAO ROVIDING CODIFICATION, SEVERA. cation may be M1: coemn the =7,V,"27,7=, 221p.m. "n weekday.` For I212614, sh to appeal any decision that may be made need to ensure that a verbatim record of the ono w 1 spec meSDireeblkiiee Aetn5F' ole vane off 1M1 meeting. DIenx ])0 521 1. et est M1Oure in e - Pub March 21 2014 By Peter D1rar n, Lbarman rrn- 13 sexeN aGED x m 5 usiEiEiliz Ess 1rvAR 3 nvRS; TcrvcwT ]to this day a mE -r tArTe I1THE `"rc"h2aZ=ircoit ofnl AANGELA Pub.. • 3AvJ `DIwcwTRMD of re rR smnntnl an M. BEAJOHN D.2914DareaYCOOK MKIA SEN. TCH261117 OOADH Depen Clerk UNC AIMING NTHiROUGH13,7 iUNDEFB B , THE CIRCUIT `OTIVEENTH INE ANGIFOH NttN FLORIDA 201Ciaaliolwe Division BSSOCACIAON AS TRUSTEE FOR P" ROF HOLDING Plaintiff, CIVIL DIVISION 31 012 C4 CD 8r2U4tl 8K5P.A. � SUNIGUST BANK a D"sF'sc Hf EES, ASSIGNEES, 5 OF ROBERT V. DIN DECEASED Tamp pa, FL 13601, 327628/1132764 NOS M1• a scel BE PREPARED When the Threat of Severe Weather First Strikes. LIFE—SAVING ALERTS Q RADARS O TRACK MULTIPLE LOCATIONS STORiW SHIELD StormShieldApp.com TCPALM.CoM SCRIPPS Treasure Coast Newspapers INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Public Hearing (Legislative) TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE: c Stan Boling, AICP Community Develop t Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: April 2, 2014 SUBJECT: Consideration of an Ordinance to Amend County Code Chapter 308, Indian River County Housing Assistance Program It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of April 15, 2014. BACKGROUND Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Agency approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. The County's Local Housing Assistance Program was then codified as Chapter 308 of the County Code. The portion of Chapter 308 related to the SHIP program has not been updated since it was adopted in 1993. Planning staff, in coordination with the County Attorney, has identified three types of changes that need to be made to Chapter 308. On March 11, 2014, the Board authorized staff to initiate the process to formally amend certain sections of Chapter 308 identified by staff as needing changes. Staff has drafted an ordinance amending those sections of Chapter 308 and has advertised for the adoption public hearing. The Board is now to consider the proposed ordinance and is to adopt, adopt with changes, or deny the proposed ordinance. ANALYSIS Currently, there are three issues that require revisions to Chapter 308. First, since Chapter 308's adoption, the Florida Housing Finance Agency became the Florida Housing Finance Corporation 1 116 and the Florida Administrative Code (FAC) citation changed from Chapter 9I-37 FAC to Chapter 67-37 FAC. As a result, references in Chapter 308 to the Florida Housing Finance Agency and the old Florida Administrative Code citation are outdated. Consequently, those references are being updated. Second, there are many sections of the state's housing program requirements that were repeated verbatim in Chapter 308. Because of that structure, Chapter 308 wording of state requirements becomes out of date whenever the state changes its requirements. To avoid that problem, certain sections of Chapter 308 are being modified to merely refer to state housing statutes rather than recite state requirements. Code sections containing a verbatim recitation of state requirements are portions of sections 308.04, 308.05, 308.06, 308.07, and all of section 308.08 of Chapter 308. In the appropriate amended sections, the proper reference to Florida Statutes and the Administrative Code are provided. Third, several sections of Chapter 308 need to be updated. Those revisions are minor in nature and are proposed throughout Chapter 308. Proposed updates include codifying the current Affordable Housing Advisory Committee's composition and responsibilities and updating NSP requirements. In summary, the proposed changes are needed to make sure that Chapter 308 contains up-to-date state references, deletes recitations of out-of-date state requirements, adds appropriate references to state requirements, and updates various sections to reflect current policies, practices, and program requirements. All changes have been approved by the County Attorney, and none of the changes are substantive. RECOMMENDATION Staff recommends that the Board of County Commissioners amend Chapter 308, by adopting the attached ordinance. ATTACHMENT 1) Minutes of the March 11, 2014, Board Meeting 2) Proposed Ordinance Amending Chapter 308 Approved Agenda Item: Indian River Co Approved Date Admin 4i+ ,,i Legal V� v Budget t, 4Ji Department - , Y y 1W Risk Manager Purchasing F:\Community Development\SHIP\Chapter 308\BCC amending ch. 308-4-15-2014.docx 2 117 ORDINANCE NO. 2014 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING CHAPTER 308, INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM, OF THE CODE OF INDIAN RIVER COUNTY, AND PROVIDING FOR CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Chapter 308 of the County Code on April 6, 1993; and WHEREAS, since Chapter 308's adoption, the Florida Housing Finance Agency became the Florida Housing Finance Corporation and the Florida Administrative Code (FAC) citation changed from Chapter 9I-37 FAC to Chapter 67-37 FAC. As a result, references in Chapter 308 to the Florida Housing Finance Agency and the old Florida Administrative Code citation are outdated and, therefore, those references must be updated; and WHEREAS, there are many sections of the state's housing program requirements that were repeated verbatim in Chapter 308. Because of that structure, Chapter 308 wording of state requirements becomes out of date whenever the state changes its requirements. To avoid that problem, Chapter 308 needs to be modified to merely refer to state housing statutes rather than recite state requirements; and WHEREAS, several sections of Chapter 308 must either be updated or revised to clarify the intent of the County's SHIP and NSP programs. Those revisions are minor in nature and are needed throughout Chapter 308; and WHEREAS, on March 11, 2014, the Board of County Commissioners authorized staff to advertise for a public hearing to consider revising Chapter 308 of the County Code. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that: SECTION ONE: AMENDMENT OF CHAPTER 308. Chapter 308 of the Indian River County Code is hereby amended to read as shown in Appendix A, attached. SECTION TWO: CODIFICATION. It is the intention of the Board of County Commissioners that the provision 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 ATTACHMENT 2 1 119 ORDINANCE NO. 2014 section, article or such other appropriate word or phrase in order to accomplish such intention. SECTION THREE: SEVERABILITY. If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION FOUR: 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 31St day of March 2014, for a public hearing to be held on the 15th day of April 2014, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Peter D. O'Bryan, Chairman Wesley S. Davis, Vice -Chairman Bob Solari, Commissioner Tim Zorc, Commissioner Joseph E. Flescher, Commissioner The Chairman thereupon declared the ordinance duly passed and adopted this 15th day of April 2014. Board of County Commissioners Indian River County, Florida By: Peter D. O'Bryan, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller This ordinance was filed with the Department of State on the following date: 1T ' CMMZNI 2 120 ORDINANCE NO. 2014 APPROVED AS TO FORM AND LEGAL SUFFICIENCY an Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director F:\Community Development\SHIP\Chapter 308\2014 Ordinance Amending Ch. 308.doc ATTACHMENT 2 3 121 Appendix A CHAPTER 308. INDIAN RIVER COUNTY LOCAL HOUSING ASSISTANCE PROGRAM Sec. Title. 308.01 Part I. In General Sec. Purpose and intent. 308.02 Sec. Definitions. 308.03 Sec. 308.04 Sec. 308.05 Sec. 308.06 Sec. 308.07 See- 308.08 Sec. 308.080 Sec. 308.091-0 Creation of the Indian River County Local Housing Assistance Trust Fund. 1 Establishment of the Indian River County Local Housing Assistance Program. Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program. 1 Creation of the Indian River County Affordable Housing Advisory Committee. Severability. Effective date. Part II. Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale Procedures and Standards 1 122 Sec. 308.104 ;Title. Sec. i Purpose and intent. 308.112 Sec. ' Establishment of procedures for county acquisition of foreclosed or abandoned 308.123 Sec. 308.134 Sec. 308.145 I properties with NSP funds. i Establishment of procedures for county rehabilitation of properties purchased with NSP funds. Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1) and (2) of chapter 1125.35, F.S. PART I. - IN GENERAL PART II. - INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM ACQUISITION, REHABILITATION, AND SALE PROCEDURES AND STANDARDS PART 1. IN GENERAL u Section 308.01. Title. Section 308.02. Purpose and intent. Section 308.03. Definitions. Section 308.04. Creation of the Indian River County Local Housing Assistance Trust Fund. Section 308.05. Establishment of the Indian River County Local Housing Assistance Program. Section 308.06. Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program. Section 308.07. Creation of the Indian River County Affordable Housing Advisory Committee. Section 308.089. Severability. Section 308.091-0. Effective Date. Section 308.01. Title. This chapter, the terms and provisions contained herein, shall be known as "Local Housing Assistance Program Ordinance" of Indian River County, Florida. 2 123 (Ord. No. 93-13, 4-6-93) Section 308.02. Purpose and intent. The purpose of this chapter is to comply with the requirements of the sections 420-097- 420- 9079 F.S. State Housing Initiatives Partnership (SHIP) Act Program and Rule 67-37 91 37.001 Florida Administrative Code (FAC). As such, this chapter provides for: (1) Creation of the Indian River County Local Housing Assistance Trust Fund in accordance with Rule 67-37.008 91 37.008 FAC; (2) Establishment of the Indian River County Local Housing Assistance Program in accordance with Rule 67-37.005 91 37.007 FAC, under which the Indian River County Local Housing Assistance plan has been adopted; Designation of the responsibility for the implementation and administration of the Indian River County Local Housing Assistance Program; and (4) Creation of the Indian River County Affordable Housing Advisory Committee in accordance with the section 420-9076 F.S. and Rule 67-37.010 91 37.009 FAC. (Ord. No. 93-13, 4-6-93) (3) Section 308.03. Definitions. The definitions provided in Rule 67-37.002 91 37.002, Florida Administrative Code (FAC , - ee •••• section 420-9071 F.S. and in the Indian River County Local Housing Assistance Plan shall apply to the terms used in this chapter. (Ord. No. 93-13, 4-6-93) Section 308.04. Creation of the Indian River County Local Housing Assistance Trust Fund. (1) The Indian River County Local Housing Assistance Trust Fund (IRCLHATF) is hereby created and established consistent with the section 402-9075 F.S. and Rule 67-37.008 FAC. The Indian River County Local Housing Assistance Trust Fund shall be a separate fund account maintained by the Indian River County Board of County Commissioners. Expenditures from the trust Fund must meet all requirements of section 420-9075 F.S. and Rule 67-37 FAC (2) All monies received from the state as the county's share of the •Local Housing Distribution as identified by this chapter, and the provisions of Rule 67 37.008 01 37.007, Florida 3 124 purposes thereof. ava+la�le (Ord. No. 93-13, 4-6-93) Section 308.05. Establishment of the Indian River County Local Housing Assistance Program. (1) Consistent with the section 420-9072 F.S. and Rule 67-37 FAC, the Indian River County Local Housing Assistance Program is hereby created and established. (2) The intent of the Indian River County Local Housing Assistance Program is to increase the availability of affordable housing units to Eligible Persons by combining local resources and cost-saving measures into an Indian River County Local Housing Partnership and using private and public funds to reduce the cost of housing. (3) The Indian River County Local Housing Assistance Program shall use the funds held in the Indian River County Local Housing Assistance Trust Fund to implement the Indian River County Local Housing Assistance Plan. 4 125 amounts determined by the percentage allocations shall be revised on a quarterly basis County Local Housing Trust Fund from other sources. A supersede the percentages reflected in items (a), (b) and (c). n new SHIP re. ulations will Income Persons; and (c) A minimum of thirty (30) percent of the housing units provided or assisted by the Indian Persons. -- - ' - - - ---- - - {a) The sales price of new or existing eligible housing units shall not exceed ninety (90) percent of the median area purchase price for the area where the eligible housing is •! .- . Department of Treasury Department in accordance with Section 3(b) 2 of the United State Housing Act of 1937; (4 c) Loans to income eligible households for housing units from the Indian River County Local Housing Assistance Trust Fund shall be provided for periods not exceeding thirty (30) years. However, deferred payment soft -second loans or loans that extend beyond thirty (30) years may be provided with the condition that each assisted housing unit financed in either manner must be occupied by income eligible persons for the same period of time as the extended loan period. (5 d)Whenever an owner -occupied housing unit which was purchased or rehabilitated with a deferred payment loan constructed, rehabilitated, or otherwise assisted from proceeds provided from the Indian River County Local Housing Assistance Program is sold, refinanced with a cash out, or occupied by someone other than the original loan recipient, the entire loan amount and accumulated interest shall be due and payable to the local housing assistance program. - • - - identical to those specified in Section 1/13(m) of the Internal Revenue Code of 1986. The funds obtained through these repayments recapture provisions shall be redeposited into the Indian River County Local Housing Assistance Trust Fund for redistribution by the Indian River County Local Housing Assistance Program. from the Indian River County Local Housing Assistance Program shall be reserved for that have remaining mortgages funded under the Indian River County Local Housing Assistance Program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy of the housing units by eligible persons 5 126 (6 7)The activities and strategies to be undertaken by the Indian River County Local Housing Assistance Program in providing and encouraging affordable housing shall be consistent with the most recent Indian River County Local Housing Assistance Plan approved by the Board of County Commissioners and Florida Housing Finance Corporation (FHFC) and meet requirements of the Section 420-9075 F.S. and Rule 67-37 FAC. include, but not be limited (a) Impact fee assistance: Eligible persons or sponsors may be awarded loans or grants for (b) Purchase assistance: Ownership opportunities may be created for eligible persons through mortgage interest reductions, and/or low or no interest loans for down (c) Emerg9ncy Ropair Assist neQ: iq persehs m be awarded emer enc, re air lean., to renovate such units fer-use as eligible housing. (7 8)The Indian River County Board of County Commissioners may elect to provide additional funding to supplement and/or augment funds provided from the Indian River County Local Housing Assistance Trust Fund for administration and implementation of the Indian River County Local Housing Assistance Program. IP Program to provide the required annual reporting on the the State SHIP Program requirements and the Indian River County Local Housing Assistance Plan. (11) Housing units receiving assistance from both the Indian River County Local Housing requirements of any of the other applicable programs, including the Indian River County --- - - ee-•- - •--_-__..---• (Ord. No. 93-13, 4-6-93) 6 127 Section 308.06. Designation of responsibility for administration and implementation of the Indian River County Local Housing Assistance Program. (1) The Indian River County Community Development Department is hereby designated the agency responsible for the implementation and administration of the Indian River County Local Housing Assistance Program. In its capacity as the responsible agency, the community development department, with concurring approval from the board of county commissioners, may contract with various profit or non-profit agencies for various administrative activities. (2) The community development department shall monitor the success of the Indian River County Local Housing Assistance Program, and provide advice and suggestions as to whether and in what ways the Indian River County Local Housing Assistance Program might be improved from year to year. (3) The total amount paid from the Indian River County Local Housing Assistance Trust Fund for River County Board of County Commissioners. Should the Indian River County Board of (4) The county shall not treat as administrative expenses any costs previously borne by another (Ord. No. 93-13, 4-6-93) Section 308.07. Creation of the Indian River County Affordable Housing Advisory Committee. (1) The Indian River County Affordable Housing Advisory Committee is hereby created and established pursuant to the requirements of Section 420.9076(2), F.S.. The members of the advisory committee shall be appointed by resolution of the board of county commissioners. (2) The resolution appointing the Indian River County Affordable Housing Advisory Committee shall define affordable housing as applicable to the county in a way that is consistent with the adopted local comprehensive plan. The affordable housing advisory committee shall consist of sixteen —( -1-6-) seventeen (17) members. Sixteen (16) Nine (9) members shall be voting members, and five (5) nine (9) of those voting members shall constitute a quorum. The committee may not take formal actions unless a quorum is present, but may meet to hear presentations and undertake other informal activities if duly noticed. (3) (a) The Indian River County Board of County Commissioners shall appoint the voting members of the affordable housing advisory committee in conformance with the following representational criteria: 1. One (1) citizen who is actively engaged in the residential building industry. 2. One (1) citizen who is actively engaged in the banking or mortgage industry. 3. One (1) citizen who is a representative of those areas of labor engaged in home building. 4. One (1) citizen who is designated as an advocate for low-income persons. 7 128 5. One (1) citizen who is actively engaged as a for-profit a provider of affordable housing. 6. One (1) citizen who is actively engaged as a not-for-profit provider of affordable housing 7. One (1) citizen who is a real estate professional. 8. One (1) citizen who actively serves (Planning and Zoning Commission). housing needs such as, but not limited to, the elderly, or the mentally and/or 9. One (1) citizen who resides within the county. ' _ _ - • _ on the county's local planning agency 10. One (1) citizen who represents employers within the county. member of the Indian w+th laaw 11. One (1) citizen who represents essential service personnel. 12. One (1) member who is a representative of the City of Fellsmere, appointed by the City of Fellsmere. 13. One (1) member who is a representative of the City of Sebastian, appointed by the City of Sebastian. 14. One (1) member who is a representative of the Town of Indian River Shores, appointed by the Town of Indian River Shores. 15. One (1) member who is a representative of the Town of Orchid, appointed by the Town of Orchid. 16. One (1) member who is a representative of the City of Vero Beach, appointed by the City of Vero Beach. (b) The Indian River County Board of County Commissioners shall appoint one member of the Indian River County Board of County Commissioners as a the non-voting member of the affordable housing advisory committee. 1. the City of Vero Beach. the Town of Fellsmere. City of Sebastian. appointed by the Town of Indian River Shores. (4) The following terms of membership shall apply to members of the committee: (a) Voting members shall serve for two-year terms and may be reappointed for subsequent terms. 8 129 (b) Non-voting members shall serve for one-year terms and may be reappointed for subsequent terms. (5) Meetings shall be held as needed. (6) (7) (8) The Indian River County Affordable Housing Advisory Committee shall comply with the Government in the Sunshine Law, the public records law, and the special provisions regarding notice of Affordable Housing Incentive Plan considerations found in F.S. Ch. 420.9076. Minutes of all meetings shall be kept The Indian River County Affordable Housing Advisory Committee shall annually elect a chairperson and a vice -chairperson, and such other offices as it deems necessary. In the Staff, administrative and facility support for the Indian River County Affordable Housing Advisory Committee shall be provided by the Board of County Commissioners. (9) Triennially, consistent with requirements of Section 420-9076 F.S. and Rule 67-37 FAC the advisory committee shall review the county's established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value (9) The Indian River County Affordable Housing Advisory Committee shall review the established policies and procedures, ordinances, land development regulations, and encourage or facilitate affordable housing while protecting the ability of property to appreciate in value. (10)--R - - - - - - ordinances, regulations, or plan provisions. At a minimum, the Indian River County (c) The modification of impact fee requirements, including reduction or waiver of -fee: --and alternative methods of fee payment. (d) The allowance of increased density levels. (f) The transfer of development rights as a financing mechanism for housing for very low (9) (h) (i) 0) The reduction of parking and setback requirements. The allowance of zero lot line configurations. The modifications of sidewalk and street requirements. The establishment of a proses by which the county considers, before adoption, procedures and policies that have a signifi 9 130 of the committee's previous meetings. The final resulting recommendations, approved by a housing incentive plan to be forwarded to the Indian River County Board of County Commissioners for review and adoption by the board. Notice of the time, date, and place of (Ord. No. 93-13, 4-6-93) Plan. projects; and (b) An ongoing process for review of local policies, ordinances, regulations, and Incentive Plan. (Or -d.... No....93-.13.,...4-6-93) Section 308.089. Severability. If any phrase or portion of this chapter, or the particular application thereof, shall be held invalid or unconstitutional by any court, administrative agency or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phases and their application shall not be affected thereby. (Ord. No. 93-13, 4-6-93) Section 308.094-0. Effective Date. This chapter shall become effective thirty (30) days after the date of formal adoption. 10 131 (Ord_ No. 93-13, 4-6-93) PART ll. INDIAN RIVER COUNTY NEIGHBORHOOD STABILIZATION PROGRAM ACQUISITION, REHABILITATION, AND SALE PROCEDURES AND STANDARDS Section 308.104. Title. Section 308.112-. Purpose and intent. Section 308.123- Establishment of procedures for county acquisition of foreclosed or abandoned properties with NSP funds. Section 308.134. Establishment of procedures for county rehabilitation of properties purchased with NSP funds. Section 308.145. Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1) and (2) of chapter 125.35, F.S. Section 308.104. Title. This Part of Chapter 308, the terms and the provisions contained herein, shall be known as the Indian River County Neighborhood Stabilization Program Acquisition, Rehabilitation, and Sale Procedures and Standards. (Ord. No. 2012-006, § 2, 5-1-12) Section 308.112. Purpose and intent. Since 2009, Indian River County has participated in the Neighborhood Stabilization Program, NSP, as created by the Housing and Economic Recovery Act of 2008, aa -el the American Recovery and Reinvestment Act of 2009, and the Wall Street Reformed Consumer Protection Act of 2010. The purpose of this chapter is to set forth procedures and standards whereby Indian River County can acquire foreclosed or abandoned properties using Neighborhood Stabilization Program (NSP) funds, rehabilitate those properties with NSP funds, and sell those properties to qualifying low and moderate income households. As such, this chapter provides for: (1) Establishment of competition and qualification standards for county acquisition, rehabilitation and sale of foreclosed or abandoned properties in accordance with the NSP; (2) Provisions for notice to participants in the NSP; (3) Establishment of a form and manner to acquire property; (4) Establishment of negotiation or qualification standards that must be met in order for a person to buy a property under the NSP; (5) Establishment of a process to provide notice to potential qualified buyers for NSP rehabilitated housing. (Ord. No. 2012-006, § 2. 5-1-12) 11 132 Section 308.123. Establishment of procedures for county acquisition of foreclosed or abandoned properties with NSP funds. (1) The community development director is hereby designated as the person responsible for administering the county's Neighborhood Stabilization Program. In this capacity, the community development director shall comply with all procedures in the Community Development Block Grant (CDBG) Neighborhood Stabilization Program (NSP) Housing Assistance Plan (HAP) and NSP Program Manual (as applicable). (2) Consistent with NSP guidelines, the county will acquire foreclosed or abandoned properties to rehabilitate and sell or rent to qualified low and moderate income households. All properties acquired through the NSP will be located in the designated NSP target area and will be acquired at no more than ninety-nine (99) percent of current appraised value. To acquire properties, the county will work with qualified local real estate brokers, financial institutions, and federal housing agencies. For each potential purchase, the county will undertake all applicable pre-acquisition due diligence activities. This will involve obtaining surveys, appraisals, inspections, and title reports, as applicable. (4) In acquiring NSP properties, the community development director is hereby authorized to execute purchase contracts, due diligence contract work orders, and other applicable documents. On a regular basis, the community development director shall provide an NSP acquisition status report to the board of county commissioners. (Ord. No. 2012-006, § 2, 5-1-12) (3) Section 308.134. Establishment of procedures for county rehabilitation of properties purchased with NSP funds. (1) For each NSP property acquired by the county, an inspection of the property will be conducted to determine the specific rehabilitation work required. That inspection will be based on the county's NSP construction specifications document. Based on the inspection report prepared for the property, a scope of work will be developed, and bid documents will be prepared. (2) To procure contractors for NSP rehabilitation work, the county will comply with applicable NSP regulations and Indian River County Policies and Procedures for CDBG programs and projects. For each NSP rehabilitation project, the county will solicit bids from those firms on its list of pre -qualified contractors. A contract will then be awarded to the lowest, most responsive bidder. The community development director is hereby authorized to execute rehabilitation contracts with NSP contractors. Those contractors will be responsible for obtaining all required permits and completing all items in the applicable scope of work within the timeframe established in the contract. Once the work is completed and inspected, releases of liens are provided, and invoices are submitted, the contractors will be paid. (Ord. No. 2012-006, § 2, 5-1-12) (3) Section 308.145. Establishment of criteria for the sale of NSP properties that constitute an alternative property disposition procedure to sections (1) and (2) of chapter 125.35, F.S. (1) Pursuant to NSP requirements, the county will sell houses acquired with NSP funds to qualified low and moderate income households. In so doing, the county will comply with the resale property disposition criteria in the county's CDBG NSP HAP or NSP Program Manual (as applicable). 12 111 (2) To be eligible to purchase an NSP house, a buyer must meet the qualification standards listed in the HAP. Specifically, a potential buyer must have an income in the low or moderate income category, have the minimum downpayment amount, and qualify with a financial institution for a principal mortgage in an amount adequate to purchase an NSP house with county/NSP gap financing assistance. For each prospective NSP buyer, the county will conduct an income qualification assessment. NSP houses will then be sold on a first come/first served basis. The county will provide notice of intent to sell NSP houses in several ways. These may include, but not be limited to, newspaper advertisements, brochures, multiple listing service, and website notice. (4) Once the rehabilitation of an NSP house is complete, the county will have the rehabilitated house appraised. The lower of the appraised value or the total of the acquisition, maintenance and rehabilitation cost of the house will then be the house's selling price. (3) Once the selling price is set, the county will sell the house at the selling price to the first qualified buyer. If, however, a new appraisal indicates that the house's value is less than the selling price, the house will be sold for the new appraised value. The manner of acquisition will be by warranty deed from the county. (5) All sales of NSP properties will comply with the county's comprehensive plan and zoning. (6) The chairman of the board of county commissioners is hereby authorized to execute deeds and other documents associated with the sale of NSP properties. (Ord. No. 2012-006, § 2, 5-1-12) F:\Community Development\SHIP\LHAP\CHAPTER 308 underline and strikethru.doc 13 134 5,.m SCRIPPS TREASURE COAST NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCRIPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline PO # INDIAN RIVER CO PLANNING 2612437 3/31/2014 PUBLIC HEARING 4-15-14 HOUSING Sworn to nd subscribed beore me this day of, March 31, 2014, by / 1,0.A �C i, , who is Sherri Ci ialii [X] personally known to me or [ ] who has produced as identification. Michael Merone MICHAEL MEAGRE Notary Public - State of Florida Comm. Expires May 20, 2014 j Commission # DD 994177 Notary Public NEWSPAPER E -Sheet® LEGAL NOTICE ATTACHED DO NOT SEPARATE PAGES Indian River County Planning Depa... Advertiser: Ad Number: Z Insertion Number: N/A a Section-Page-Zone(s): 1 Col x 117 ag N_ ) NOTICE OF INTENT - P 0 0 Tn 0 Z O 0 0 Monday, March 31, 2014 TCPALM,GOM CLASSIFIED ORDINANCES ORDINANCES b PETITIONS b PETITIONS NOTICE OF ACTION NOTICE OFI HENTENTAPING 70.52151 t required to serve e UBLIC hours In ad o ve 01 your wrinen NOTICE IS HEREBY 'v 4Bol the mea- d this s action on II e GIVEN that t e eAnce RIVERattorneys s nn.P Phelan c ammgef, Cors of COUNTY to e County, BOARD OF a rens Is ]2] Wen will u4el'�r X e onn uotf CCBYO.s PY eIGrNE. RS 33 3Y3 099s, as *od 111aPe, thtle aenON utle eroposeddr to dO'Bryan, Chairman neafl VO w the rte b.M TCN26L241 a alter O�xSNOOMMSN beforen APRIL 30 LOOR IOAOA M END• eefaurlINOIAN = ine e° ING CHAPTER JOG. NOTICE1OF AACTION IN CUIT COURT E`THE JUDICIAL AND CIRCCUIT FOR iN mended in the Cum OUEINO ASSpSM� Phis n OFCODECODE OF INall be R iishotietl so RIVER COUN. OUNIYN FLORIDAIVEubth CIVIL ACTION Stuart Naves. Fo'RAcomPF°I�nrlAry Ii E ERABILIN EFFECTIVE DAIS he Public held onTowill e, wng eay. April 15, a 014at 717 hes eaChanM first floor of Buntline A al the County A pies, 1801 27thh lchdtV d 'parties iM1earnde respect to the Pr.' po.ed Ord Cart.. ailafling ple ret ivision office located at the airy Vera Sea. Florida. wFe m °r rte cludes testimony and evidence upon isabildies Act 07721 0021201(000 .34 NOTICE W EL LSI CA 0007390 SS.I IAT00N ION AS AS SET MORTGAGE US TGGATGE IN SEA VESTMENTSIltOtk . GAGE FUNDING T OPT-rstrPAHJ, THROUGH CERTSfI LATA S, SERIES SL0g0ALCDMO71 CRAMS. et el NOTICE OF ACTION TO LOMOM CRAMS Sl'sIPTNOWN°AO RORES SS N S' °OPA,THWE FL ]31]0 3339 OLP ARE HEREBY INyDIAN FdI1 CDun LOAKEB65LIBO022O510 n CA SN iO INE iRinEREOF flECOROED IN PLAT OF PTH'ePt17 RE, KUNFLORIDA N'TAY" Y CEI°You are NOTICE DATED: 0382424 smith Clerk 011ie Cryrcuit sty Cl:rt al the OePu Court Request, for Ascom spy er- aebili hper- motl 1i dor to participate in cost to you, to provision of alo FnAW Saru vt,DauF 09ll]]21 ds 0aterTay before your ash. nfi cbe'fonr eAi tt scheduled e e hearing11111Or 0' P]b20tdce impaireMarch iCNx6t2444 NOTICE OF FORECLOSURE IN HCIRCUIT COURT OF THE 19. CVT. NDPWq� Bar No oN LIISI', FLORIDA 312012CAE01599 KPA net Asaoslnes, JPMOtt CAN CHASE Os Dad, SnuII, lA30NIDNAL 1954flartaig2°m're32J24 NKNDWN 1s5a12entjO ALL Su CREDITORS, Desiriated service VI ESs,GENEFI "m" m i'. PANT nmicoOkahaneena R ASSIG7 PEES, a TEES A nrEN DTH. Re't"cra s IES Arrom: ER PAN INTEREST N CR IM- mods Vohzp 2 am INCA0 I T EST s with e a Ih- OARTORDUGAINSi per- son wibea. If th Y.are a disability LLETZ AIKIA w T2 c RA DOLL LIE -2, IDE. in CEASED. E SED. et al; are entitled, no FORECGOSSPEFSALF Admin GIVENOTICEIS HEREBY purs pursuant to a Suite nI2 Cluport St NFinal Judgment of Lucie. FL. 34986, 27 FOILLIat least 7 y o1u0¢remben, dalys bCase No. pa or immedl 2013, a. entered NOTICE OF NOTICE OF FORECLOSURE FORECLOSURE 1 ZL'iooGnuri DI a Pan rata 8E,cel tial 'dj' ltoare it r INDI� s ulad RIVER Gaunt c Florida, CHASE Frig r it m wherein NATIONAL psi ed, allu]11e M1l er ASSOCIATION a b: Marsh 24, 31. Plaintiff and ALL 112014 0142009505 UNKNOWN HEIRS, CREDITORS. DEVI SEES, FICIAE Orar GEES EEE, 'COUEfeEEPE 51 NRUSTEES OICI FDP INDIAN 'ASI SEOLAMING NHIV AND 16";,' , A INTER EUNDEP' LIETZGAIKIAU�AV10 PANONIA OA LE VETZ. OE EASED: 0 W. LIET2, DEBORAH LIFT UNNOASSONW'POLL LIETZE OUSE OF KOFBORAN 5 PEN SOMAL OF H E EJECT PROPER" AMERICA, N.A.; NK O e U.S. BANL ANATI N PALtA550 TION, LDEgPES P TD_ CH NIGH LASSOCIATION. NDS PROPERTY TION. INC, FLO NI ICORPORA DFOREFCI ER`rSALE sell Court whi 11°I NOTICE is hereby p o the hipEest en that, Jei fray A. D C SALE BYt'LIE tlWW.I Cimq Court 0i ALEATWWWh Intls NOIAN.LOSE. 018 lath ddda will oo trio LFORE A.M..o OM, I ay of April. at 16.00 A.M., on e 0 day prll. A ESL, v z Ise sc'rbed' Findian- Flnzl Judgment, twin hECFeptef E58F. 'DNEE tgt, D sell YG TO THE PLAT th ndFpezF IN FON FILE IN flowing d ash, the TIEROFFILE OF THE Ioll0wlnA descr'Idbea T CIR ANO' wit OAU NDIAN Flo.a,tlto ruCounty. EP COUSTTD LeVJ,5, ,IN. NIcS.. AG EA 5BO ONID LAND IrvONW 5N LV'S SIi PLAT TMEPEOF PE IN DIaN FEVER C IN PLAT OKI'RECOvA" A person a OFUNTYI FLORIDA tom nA°the pDREESSE 10 5 TY S any. peMnow Drive SW r Beach FL 32962HValter the sale. tared Dated this 17iq day ofVoi said Court Fe Erlirfl.'rc ORDINANCES ORDINANCES b PE1111004 & PETITIONS Any p an'o M1 the le, y, e a ie°d eller the sele. IR MONDAY, MARCH 31, 2014 • SCRIPPS TREASURE COAST NEWSPAPERS • 11 NOTICE OF FORECLOSURE provisionof pian ase tu Clue 0dZii em°d io'g4ses,tni� tlay" bel ariour pelranl med's ptelY uc ilith e dogs: dlleyous erehhear� ing or voice jm. Iristt '31. ). 2ataamTCN261Ai1Z2 IN THTCIRCUIT 19.RJUDINACIRFOR CURL ,FLTOV.' clvl D CASE. 2013 CA 000628 E AGEiA550C PGAi DN, BONNIE C. PLATT; MP , UNKNOWN ' TENANT, IN PONE• Dam.POOPER- RE[GT OF OSUPE SALE NOTICEIS HEREBY GIVEN pursuant Final Judgment M1e 201 of De e Na 19TH JufoIn- Ian n- uit In end for In FllooridlS! County. w "rein FEDERAL GEAiAO 90L SII-VOriii BONNIE E °8: PLATT; NOR L ATWNJTRENANT asF;EN P00400000 THE ECT ROPERT Tere ae� 2thOM dayEo M eon che SIROTE & PERMUN Karr.thryn I. C AFL Bar e621181 Attorney for oPC E. Gonaalm NOTICE OF ..NOTICE OF NOTICE OF NOTICE OF FORECLOSURE FORECLOSURE FORECLOSURE FORECLOSURE IN 60 OAY6MAFTEP NAVINIG OH GLAIM JEFFfl EY JOSEPH INE SALE. ING TO HAVE ANY PUTO, et eL, RIGHT, TITLE OR IN DefenaanINI. Gated th'o l9 tlay of TEREST N PEO DESCRIBED. HEREIN OTC' OF SALE Me By'Jannlier Nicole DESCRIBED, ere De- N �NADPiR�.55 TarOuino. Eaq. I'""a' a. JEFFREY 4 Bar Number. 99192 BA TON, Cler9 0l NDWN alp OS ALK.ERT V. RADIN ROBERT VER. CECT EDA STE'PHE'N KNOWN RAD OFA/K/A RT V. mry A/K/A Nan:• Subminea by. the Circuit CCurt, will NOTICE IS GIVEN 111 001505 few OlR<e Dl aedlb thbidder M1est t rdance DI, DECfAS AS Choi<e LeAel GlOup.low cotdgeLol Forel JANET NAEP PeS00 NWx 49th Street P P 0 VE RADIN ale, F nsrye4caueu OEASEOA NIDE rel°1954145]9365 °hitllrer NGE AsYNAON N NPTED following des'be° hso endc OTEPT e. PRIMA• FOR RY O AIL prrosa�d0d en r0100 PAT VERNONP00• PURSUANT TN ]516 fJ 6LOCKnc, p DIN, DECEASED: LOFgVERO B acre e HELP OF 0,00010000410 lover e'ry d 00000000 Oe].'S'm C RDING TO 'All,.“ O01 A/NROBERT VER Notice to s 5E PIAT THER0E0F. V AKECES• NONDIM, DE- with Oise bil itio, II Persons 01005005040 TAT ESING N,TTHE CEASE., 0, I50NUAMERIT E N esabiP no PAGE 1, OF THE LAT THEREOF AS A, TERNAL =:.,1,,,,t7:,,..77. ELI0 RNC 0005 RECORDED IN PLAT REVENUE SERVICE. ND N OO A EP 0 GE151 2r- - participate in this UNIY�FLORIOA. DF THE VUSLIC AE ONONWRN TENANTSr CORNS OF INDIAN of certain ANY PARSON CLAIM [ OPIDA Defendants. vision N INTEREST ANY PARSON CLAIM assistance. NG UPPLUS NG N INTEREST NOTICE OF SALE a Corse IFN THINE SALE, IF THE on ADA Coo NY30THER THAN 'NOM THE SALE, IF Notice is hereby civ. 250 NW iNE PPOPEPiY ANY, OgHEF ixAN e r Clue Drive, NEP EB DF THE THE 'PTT J' Amemnior°Ple^nl uta Zt), ort St. DATED THE NS SIS OWNER AS OF THE tiff entered In Sul TE OF THE LIS c this I2]c21e,eDL4°1:At PEE 9000410,111120110,14 ND WITH- PENDENS MUST T, 3014, n nrebCircun digs afore IN 0 DAYS AFTER FILE A pnys WTITH Court of Intl�an flNer THEyour scheduled coot SALEEN C uhN, FI a, uhrt HE SALE. A TIED at Vern siluaellltb ndian e , Florldda, IPA SCDi s and RSTEIN, LC. Rive y�'Fbrlaa lore the scheduled SMITH, NIA.- & AR s ao o a Ian 141•P.A 000.0 MIFF LOeT=F12,dB OCK 2e, NAL TOwN 0 e n e o BOX tllue reek flae,CSuity 6 FRO. NOBEACH, W ITY OF yOee Fon Lauderdale, le Eon Lalmermie. FL vfRo EAe N. iia Che call711. Aprll 9 VEROP BING TO 111, 20 paired, ars Telephone'. 1954111] 991) PLAT 1010100 GN TCN2011100 19541964 00)1 195413690034 las 0/0THE0 CLE0000 0 IN IPCUR COURT 19541'5649:42 "'Y'INry cat THE CIRCUIT COURT CGUINDUN RIVED Senice E-mml: asi r4ein, Esq INAND FOR ST. LU- CIVII DIVISION le el PP 6 N LATERO BY:0MlchaaPAuShifin� Ira cFBN:O 0010 00 SAID DIS PAGE t2olxCAw2t9 04 Na odBseie B'ILIiIES ACT. II V'ATE,PLYING INN BNKNAABLGAL TITLE TRUSTEE 'ANpBPER.Ao e:haLin',:J"EGA.`ODNTY, NEEDS rean n(n praermt0 arta commonly known AtlY ACCOMMODA p 18TH rN IN ORDER TO p haeedlnB, You are AENUE&VEPO �IPiICIPATE IN emiUetl, at no con to B CNFL3296o;1n- R CEEDING, Y eine, S PPE COST o clp""'":n oua� a AT OVNAO P e Initturae Iota lid oNO THE P F EPTArN Joennaon AOA Coor o cin, at pu i= S 1Ah14 c E Country Club Drive, and'best bidder, for aIEV sE 0 CT s lar a W 0))1 '6o n NOTICE IS HEPEBT CAU NPs uD CHUB le si) tlais belofa OP'ST. L 2FL a rvn fEnlOr'ud ''''' l 9e6, ITT ''.7k S r appcelyc Fe'bre^reul BEFp RE YOUR t nilthelin lore the 4,044104 ins entered oCase %% l 'you APPEEEARANICE,PO i HXXX2oDtIIhe2Cirlcun V PEC' TION then hearing e nu Rlve r, c HE TINE BEFORE PUE:nMe«h x4, o31, APPEARANCE EIS P iCN2606075 TINE Florida. IRUSTEffOR LE55 THAN) PAYS: P tLI MAN PAIL -'9 IF YOU APO' REAM NTx?CIRCTOIT T'niiICE E n ANGI Ms PAIRED. C„ L ]I1. CN NETEENTx M B AL,JOHN D. M r veil JUDICIAL OF M REAL; JOHN D. -101 AINFZP COOK A/K/A SEN. 4 TCN26111)] FOflRI01AN RIVEP CO K0 5 E CIRCUIT WN420040 K IN OF0HE CV .0VGENO 09/"A"SE N. UNKNOWN N D. NNETEENTH ]1200-Ua9021]Q RCUIT COOK: OF ANGIVM IN AND JUDICIAL11 40105 004090ST BANK BEAL ,MIA PAGER RIVER COUNTY, Plaintiff, FAL:a FIRS, 'WeN "`,4 WN 2012 DEVISEES, GRANT ANTUNO.2 on EES,OASSIGNEES, CROW � s. CREDIT SS6OC1nF,%NTRUSTEE FOR DS OEOF ROBERT V S A TPU' OLDING T TRUST L' V D. DIN DECEASED 1,1112.12. FL 503 FLp325e °quests for Accom9 es.all yoith u arresa pier wi h Iry who needs en9 are entitled, at no coat to you, to the ORDINANCES b PER110112 BEFORE irvDwP PIPVENFCOUN1Y, FlOR p'pSI0NER5 NOTICE OF REZONING PUBLIC HEARING NOTICE Is HEREBY GIVEN that the Board of County Commission. Ighi � cash .Indlaelectronically •R ver- in dNM escribed TTNEREOOFSLOE COF ETRE MEPy SOBpFVM 3EOWE; SNIP JPF,3N TIN 1 SR NECOOPOI orc z, THEESPUBLCREF CIE COUNTY. FFIORI NO'WS ANO EINGLIIN FLla " " TY RING PARSON CFAIST IN THTHE SALEUIF ANY, OTHER THAN THE PROPERTY ER ES OF THE PENDENSI MUST NOTICE OF SALE PCHALPTEP4I INTERESTS G THROUGH, UNDER S DEF NkUrit EFENDANi per who needs any as - BE PREPARED When the Threat of Severe Weather First Strikes. LIFE—SAVING ALERTS' RADARS Q TRACK MULTIPLE LOCATIONS The tale of Ma prpp«edIo,dinanceisesfohe R AN RANGE OF INOIAO RIVED [1= FLAOPIDA. AMENDING THE XI - MATELY 8.34 ACRES GATED ATPTHE GSOUTHWEST CORNER ANU CHOARBOP BL iO ANi ISDWN RIVER V&1'ROp 85 RESIDENTIAL ES ENA4 MMRICT 1 15 RI YO P 9 M E °ENO DISTRICT WE2IT ZONING 0 TO 6 UNITS DESItATSI La 0 56 CORNER OF INDIAN HIVED BLVD 00000E21011 100M 6 MULTIFAMILY NERAL TIAL COM OINTRIAL (UP TO 6 UNITS PER ACRES. OD CG, TION AL COM MERCIAL DISTRICT; ANO PROVIDING CODIFICATION. SEVER, Bllfrv, AND EFFECTIVE DATE. STORM(SHIELD` StarmShieldApp.com TCPALM.COM SCRIPPS Treasure Coast Newspapers Margaret Daniels. BureaU Chief Pallatka,iFL Street1,2529 Pub, March 31, MU TCN2611021 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: Bill Rigby ADDRESS: 8465 59th Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: The Kessler Consulting, Inc. project for Solid Waste Procurement Services IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION X YES YES YES X X NO NO NO WHAT RESOLUTION ARE YOU Rescind order to spend funds on this project REQUESTING OF THE COMMISSION? p p ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES X NO Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: A - d Joseph A. Baird i Document2 Board Approved 11/7/06 135 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 15 PA Date: To: From: Vincent Burke, P.E., Director of Utility Services *$ Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District I.T. Subject: March 29, 2014 Joseph A. Baird, County Administrator Work Order No. 1 to Kessler Consulting, Inc., for Solid Waste Procurement Services DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) Is responsible for providing for the collection, transportation, and disposal services for regulated solid waste in Unincorporated Indian River County as well as recycling services throughout Indian River County. Currently, these services are provided through exclusive residential and commercial Franchise Agreements with Republic Services of Florida, L.P. d/b/a Treasure Coast Refuse and Waste Management Inc. of Florida. These agreements expire on September 30, 2015. In 2010, House Bill 7243 was passed by the Florida Legislature which applied the statewide recycling goal of 75% by 2020 with an interim goal of 50% by 2015 to the counties of Florida. Indian River County's recycling rate for 2012 was 37%. In order to reach these future goals, we need to consider enhancements to our recycling program such as switching from dual -stream recycling to single stream recycling as well as consider pursuing construction and demolition (C&D) debris and food waste recycling. A stronger approach to commercial sector recycling may be worth pursuing. In addition, an October 2013 residential solid waste collection survey showed that Indian River County rates are considerably higher compared to our local municipalities and various other counties. A competitive procurement process will help Indian River County evaluate trends, technologies, and rates to enhance the services while minimizing costs to our residents and businesses. Staff requested and received the attached proposal from Kessler Consulting, Inc. (KCI) to provide solid waste procurement services. ANALYSIS: KCI has prepared Work Order No. 1, provided in Attachment 1, for procurement services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are to be executed with a piggyback contract for similar SWDD Agenda - WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 1 of 3 310 136 consulting services by KCI to Okaloosa County. The tasks are listed below showing the estimated fees based on a time and materials (t&m) basis. TASK ` DESCRIPTION AMOUNT Task 1 Procurement Services $52,510—t&m Task 2 Municipal Coordination $10,040 — t&m Task 3 Additional Technical Services $13,540 — t&m TOTAL = $76,090 Under Task 1, KCI will work directly with County solid waste, purchasing, budget and legal staff to ensure that the procurement process is in accordance with County Ordinance (§204.11) which outlines the Request for Application (RFA) process. In addition, KCI will look at various trends and technologies that might be incorporated into the new Franchise Agreements, such as weekly solid waste collection, universal versus subscription collection service, cart -based single stream and other recycling options, radio frequency identification (RFID) tags, Pay -As -You -Throw (PAYT) or variable rate programs, and use of compressed natural gas (CNG) collection vehicles. This task also includes a public process to obtain input from all stakeholders on the RFA process. Ultimately, KCI will assist in the development of the RFA, pre -application meetings with potential vendors, review and recommendation of the applications, participate in final franchise agreement negotiations and if needed, provide for a smooth transition of the different level of service or service provider(s). Under Task 2, KCI will assist the County in meetings with all five municipalities and develop a strategy for working cooperatively with them to ensure the future viability of the County's solid waste management system. Finally, under Task 3, KCI will assist the County with other solid waste technical services that may arise from the solid waste procurement process and also assist in the evaluating and implementing of various solid waste program improvements to help us achieve our state recycling goals. FUNDING: Funding for the Solid Waste Procurement Services is available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. ACCOUNT NO.: Description Account Number Amount Engineering Services 41121734-033130 $76,090 SWDD Agenda - WO No 1 Kessler Consulting for Solid Waste Procurement Services 2 Page 2 of 3 311 137 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Authorize to piggy -back Okaloosa County Contract No. C10 -1781 -PW and approve Work Order No. 1 with Kessler Consulting, Inc. in the amount of $76,090 to provide solid waste procurement services; b) Authorize the Chairman to execute the same, as presented. ATTACHMENT{sI: 1) Work Order No. 1— Kessler Consulting, Inc. APPRO ED FOR AGENDA: By: cab, sep A. Baird, County ty Administrator F Indian River Co. Approved Date Adminlstradon4. t� 0) j Legal,,i. Ifl ' Budget 4 SWDD . i 3 31 l SWDD-Finance CANAL `.' -'V Purchasing SWDD Agenda - WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 3 of 3 312 138 PUBLIC NOTICE ITEMS: 4/15/14 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 c(1 - DATE: April 8, 2014 RE: Public Notice of Public Hearing Scheduled for April 22, 2014 to Consider Adoption of a Proposed Ordinance Amending the Indian River County Code With Respect to Nuisance Abatement The Board of County Commissioners will hold a Public Hearing on Tuesday, April 22, 2014, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of a proposed ordinance entitled: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTIONS 973.04 "ABATEMENT OF NUISANCE" AND 973.06 "ASSESSMENT FOR ABATEMENT OF NUISANCE" OF CHAPTER 973 "PUBLIC NUISANCE" OF TITLE IX "LAND DEVELOPMENT REGULATIONS," AND SECTION 403.08 "DEMOLITION" OF CHAPTER 403 "PROPERTY MAINTENANCE CODE" OF TITLE IV "CONTRACTOR AND BUILDING REGULATIONS" OF THE INDIAN RIVER COUNTY CODE TO PROVIDE FOR THE ABILITY TO PLACE AN ASSESSMENT FOR BOTH ABATEMENT OF NUISANCES AND DEMOLITIONS ON THE TAX ROLL AS A NON -AD VALOREM ASSESSMENT AND USE OF THE UNIFORM METHOD OF LEVY, COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS AS PROVIDED FOR BY FLORIDA STATUTES; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. /nhm . , PEE] ;mil,) , r,, ,-,, 139 Community Development INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DIVISION HEAD CONCURRENCE: Stan Boling, AIC Community Deve s ent Director THROUGH:THROUGH: Sasan Rohani, AICP 5-dC,��' Chief, Long -Range Planning FROM: DATE: SUBJECT: Bill Schutt, AICP, Senior Economic Development Planner April 3, 2014 REQUEST TO APPROVE AN AMENDED NEIGHBORHOOD STABILIZATION PROGRAM 1 (NSP1) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ADMINISTRATION CONTRACT WITH FRED FOX ENTERPRISES INCORPORATED It is requested that the following information be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of April 15, 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 (NSP1) 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. 1 140 Although $4.6 million in NSP1 funds was earmarked for the county, 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 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. During the time frame that the County was preparing its application for the NSP 1 funds, the County formally solicited for a grant administration consultant and selected Fred Fox Enterprises to assist the County with administering the grant. A grant administration contract was drafted and on March 3, 2009, was approved by the BCC. The grant administration contract included a negotiated fee of $200,000 based on anticipated activities tied to the projected County's $4,680,825 in NSP1 funds. Since signing the grant administration contract, an additional $1,695,639.41 in NSP1 Program Income (PI) funds were generated by the County from the re -sale of acquired NSP 1 homes. Those PI funds combined with the original $4.6 million in funds from DEO were used by the County to acquire foreclosed homes, rehabilitate those foreclosed homes, and sell and rent those homes to income qualified NSP 1 applicants. The administration activities for the additional $1.69 million in PI funds were not originally included in the grant administration contract because at that time, the County had been advised that PI funds would have to be returned to DEO. DEO later changed course and informed the County that program income funds generated by the County would be retained by the County to be used to continue NSP1 activities. Even though the additional $1.69 million in PI funds were not included in the grant administration contract, Fred Fox Enterprises, Inc. still provided grant administration services related to those additional funds. In essence, the consultant handled an unanticipated increase in workload related to a 36.2% unanticipated increase in NSP1 funds made available for the County's program activities. Between the use of the original $4.6 million grant allocation and the additional $1.69 million in PI funds, a total of forty-five (45) housing units have been acquired, rehabbed, and sold or leased to income qualified applicants. PI funds were utilized for twelve (12) of the forty-five (45) homes. The attached proposed amended NSP 1 grant administration contract includes revisions to recognize the additional expenditure of NSP1 program income funds, to recognize the additional work that the grant administration consultant completed, and to re -instate remaining tasks to be performed as part of grant close-out procedures. The amended agreement includes an additional allocation of up to $35,000 to Fred Fox Enterprises, Inc. for completion of services associated with the unanticipated additional funding and associated workload. The $35,000 figure is the estimated amount of NSP1 2 141 program funds that will remain; that amount will not be enough to acquire and rehabilitate another housing unit. At this time, the BCC is to review the proposed Amended NSP 1 General Administration Contract, to make any necessary changes, and to approve, or deny the request. If the request is denied, the grant will still be closed out by Fred Fox Enterprises, Inc., as this is a requirement of the current agreement. ANALYSIS The proposed Amended NSP1 General Administration Contract between Indian River County and Fred Fox Enterprises, Inc. reflects the following changes to the original 2009 contract: 1. Recognizes that the County generated $1,695,639.41 in PI funds and used those PI funds to acquire, rehabilitate, and sell and/or lease an additional twelve (12) housing units; 2. Recognizes that Fred Fox Enterprises, Inc. provided at least 275 hours of additional grant administration services (based on the updated cost summary for negotiated contracts) related to the use of the extra $1,695,639.41 in PI funds and that those services were not originally anticipated to be provided by Fred Fox Enterprises, Inc.; 3. Provides for an additional allocation of up to $35,000 to Fred Fox Enterprises, Inc. for services rendered related to the PI funds payable after execution of the proposed amended grant administration contract; 4. Replaces references to DCA with DEO to recognize the change in the name of the State department having oversight of the NSP1 program; and 5. Removes or otherwise addresses outdated language. As proposed, the contract amendment will allow the County to utilize all or nearly all of its remaining NSP 1 funds currently being held by DEO to pay for unanticipated services rendered by the consultant. Those remaining funds are estimated to be approximately $35,000 after the remaining $50,000 of the original $200,000 grant administration contract amount owed to Fred Fox Enterprises is paid and after remaining County expenses are reimbursed by DEO. That $35,000 amount is not sufficient to purchase and rehab another housing unit. In fact, the least expensive housing unit obtained and rehabbed through the NSP 1 program required $88,027.42 in funds. According to DEO, if the County does not use its remaining NSP1 funds, those funds will no longer be available to the County after the grant is closed -out and will be returned to DEO. DEO is expected to release close- out procedures for NSP1 grants in the next couple of months. At that time, communities that have 3 142 remaining funds that are insufficient to acquire and rehab another housing unit or use for other program related expenses will lose use of those funds. In staff's opinion, a fair and reasonable use of the remaining funds is to provide compensation to the consultant for the significant amount of additional work not anticipated within or provided for in the 2009 contract for services. That additional work, as outlined on pages 24 and 25 of the proposed amended contract, includes 275 additional hours of consultant time related to the acquisition, rehabilitation, and re -sale and/or lease of twelve (12) properties acquired with PI funds. Specific tasks completed for each of the properties included: preparing environmental reviews, maintaining acquisition, rehabilitation, and re- sale records, reviewing contractor payment requests, assisting with paperwork for rehabilitation and resale of nine (9) of the twelve properties, reviewing tenant eligibility and conducting annual inspections of three (3) properties, and incorporating additional properties into monthly reports submitted to DEO. These additional activities were completed over multiple years, with Fred Fox Enterprises, Inc. coordinating with DEO on technical questions and working with the County and DEO to address changes to NSP PI rules and procedures. While the proposed contract changes will increase payment to Fred Fox Enterprises, Inc., the proposed payment as a percentage of the actual amount of grant funds received is less than the percentage originally negotiated with Fred Fox Enterprises, Inc. The original grant administration services contract had a negotiated cost of $200,000, or 4.3% of the original $4,680,825 grant amount. As allowed by the CDBG NSP, administration costs can be as high as 6.8% of the grant amount. The proposed additional $35,000 allocation to Fred Fox Enterprises, Inc. for grant administration services represents approximately 2.1% of the $1,695,639.41 in unanticipated Program Income funds received and used by the County. When the total NSP1 funds ($6,376,464.41) and the proposed amended amount of total compensation to the consultant ($235,000) are considered, the overall percent of NSP1 funds used for grant administration costs payable to Fred Fox Enterprises, Inc. will be 3.7%. That figure (3.7%) is less than the originally negotiated percentage (4.3%) and is significantly less than the 6.8% maximum percentage the NSP1 program allows for administration services. As structured, the proposed $235,000 contract allows the grant administrator to immediately invoice the county and receive payment for the additional $35,000 in program income related grant administration activities already performed. While providing for this payment, the contract also requires the County to retain the remaining contract balance of up to $50,000 until the grant administrator successfully completes close-out of the grant with DEO. The exact amount of the final payment may be less than $50,000 depending upon the remaining NSP1 fund balance at close-out. The Board now needs to consider authorizing the Chairman to execute the proposed Amended Grant Administration Agreement between Indian River County and Fred Fox Enterprises, Inc. 4 143 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Approve the proposed amended contract between the Board of County Commissioners and Fred Fox Enterprises, Inc. for administration of the County's Neighborhood Stabilization Program Community Development Block Grant; and 2. Authorize the Chairman to execute the amended contract upon approval. ATTACHMENT 1. Proposed amended contract between Indian River County and Fred Fox Enterprises, Inc. for administration of the County's Neighborhood Stabilization Program 1 (NSP 1) Community Development Block Grant. Indian River Co. Approved Date Admin. , 'filial/' Legal t t . �s, P! 1--cke (Pf Budget 4/5/14 Dept. Y/0/ Risk Mgr. Approved Agenda Item: For: April 15, 2014 F:\Community Development\CDBG\2008 NSP\BCC Items\BCC Agenda Item - Grant Administration Contract Amend #1 v2.doc 5 144 r AMENDED GENERAL ADMINISTRATION CONTRACT This Amended General Administration Contract entered into as of this day of , 200-914, by and between Fred Fox Enterprises, Incorporated, hereinafter referred to as the Administrator and the Indian River County Board of County Commissioners, hereinafter referred to as the Local Government. WITNESSETH THIS RECITAL: Community Development Block Grant (CDBG), hereinafter "Project", referred to as the under the Neighborhood Stabilization Program from (NSP) the Florida Department of . .. - and : WHEREAS, the Local Government Administrator selected the through a : : - : - - . ' - - : - - ' : - - - 1 • - - -- . .. : , : . - - 1 Attachment 1 145 Project; NOW THEREFORE; the parties hereto agree as follows: WHEREAS, the Local Government was awarded a $4,680,825.00 Neighborhood Stabilization Program 1 (NSP1) Community Development Block Grant (CDBG) (Contract #10DB-4X-10-40-01-F 13) from the Florida Department of Community Affairs (DCA), now known as the Florida Department of Economic Opportunity (DEO), which provides for the purchase, rehabilitation, administration, sale, and/or lease of foreclosed housing units to eligible very low, low and moderate income families; and WHEREAS, on March 3, 2009 Local Government entered into a $200,000 Contract with the Administrator to carry out specific activities to administer Local Government's NSP1 contract with DEO in accordance with applicable notices, regulations and guidance from DEO; and WHEREAS, the fee for service within the contract was negotiated based on services for the original NSP1 contract between the Florida Department of Community Affairs (DCA) and Indian River County in the amount of $4,680,825.00; and WHEREAS, since entering into the grant administration contract, the Local Government generated an additional $1,695,639.41 in Program Income (PI) funds above and beyond the original DEO grant award of $4,680,825.00 from the re -sale of twenty seven (27) previously foreclosed housing units; and WHEREAS, DEO had originally advised Local Government that these PI funds were required to be returned to DEO for redistribution to eligible communities at a later date, therefore, the PI funds were not originally included as 2 146 part of Administrators contract; and WHEREAS, DEO later revised its position on PI funds and allowed the Local Government to retain and use all of the PI funds it received to continue eligible NSP1 activities; and WHEREAS, with the assistance of the Administrator, the Local Government used over $1.69 million in Program Income funds to purchase, renovate and sell or lease twelve (12) additional housing units; and WHEREAS, the Local Government and the Administrator mutually agree to significant changes to the March 3, 2009 Contract to recognize the additional work the Administrator completed using the additional and unanticipated $1.69 million in PI funds. NOW, THEREFORE, in consideration of the mutual promises and covenants, the parties agree to the following Amended Contract: ARTICLE 1 A. GENERAL ADMINISTRATION SCOPE OF THE SERVICES OF THE ADMINISTRATOR The Administrator shall provide the services as detailed in Exhibit "A". 3 147 ARTICLE 2 A. GENERAL ADMINISTRATION LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to this contract is detailed in Exhibit "A". ARTICLE 3 PERIOD OF PERFORMANCE The period of performance under this Project shall beginbegan upon March 3, 2009 the s and shall be completed upon final completion of the County's Florida Community Development Block Grant Neighborhood Stabilization Program projects and the issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Community AffairsEconomic Opportunity. ARTICLE 4 COMPENSATION The Local Government agrees to pay, from the funding set forth in Article Sixteen (16) herein, the Administrator in the following manner: 4 148 Compensation for the Administrator, as detailed in the Cost Summary for Negotiated Contracts (page 24), shall be the total sum of up to Two Hundred and Thirty Five Thousand and 00/100 Dollars ($200$235,0007Q0). -This includes an original negotiated contract price of Two Hundred Thousand Dollars ($200,000) payable for grant administration services tied to the County's original base grant from DEO of Four Million Six Hundred Eighty Thousand Eight Hundred and Twenty Five Dollars ($4,680,825.00) plus up to Thirty Five Thousand Dollars ($35,000) for grant administration services associated with the County's approximately $1.69 million in PI funds. It is recognized that payment of the additional Thirty Five Thousand Dollars ($35,000) is justified by the basis provided on page 25 of this contract and that payment of this amount is dependent upon the availability of NSP funds through Administrative closeout of the grant after all County expenses are paid (reimbursed by DEO). In no case shall total payments to grant administrator be less than Two Hundred Thousand Dollars ($200,000) or more than Two Hundred and Thirty Five Thousand Dollars ($235,000). To date, the Administrator has invoiced the County for and received payment for One Hundred and Fifty Thousand Dollars ($150,000) out of the original Two Hundred Thousand Dollars ($200,000) contract amount. Upon 5 149 execution of this amended agreement, the Administrator may invoice the County and receive payment from the County for Thirty Five Thousand Dollars ($35,000). This will bring total payments to the Administrator to One Hundred and Eighty Five Thousand Dollars ($185,000). The balance of up to Fifty Thousand Dollars ($50,000) will be paid upon the issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Economic Opportunity or as otherwise directed by DEO as part of the grant closeout procedures. distributed as Twenty Four (24) equal monthly payments of Six Thousand two hundred fifty ai - : .. .. et . I :. • . 1 l 9 - monthly payment will be reduced accordingly to correspond with the remaining portion of the contract. The balance of Fifty Thousand and 00/100 Dollars ($50,000.00) will be paid upon the issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Community Affairs. a Government. At the end of the twelfth month of this contract, the Local Goverment and 6 150 - progressi acceptable to both parties. : :- e shall be developed that is • : - - - grant closes out prior to the .e paid the sum remaining in the contract upon issuance of a "Notice of Administrative Closeout" for the project by the Florida Department of Community AffairsEconomic Opportunity or as otherwise directed by DEO. All requests for payment shall be submitted by the Administrator in detail sufficient for a proper pre -audit and post -audit review. No payments shall be made to the Administrator if the CDBG NSP grant is . ••. :-: : ARTICLE 5 CITIZEN PARTICIPATION It is understood between the parties that both the local Government and the Administrator shall encourage continuous participation in the Project by the citizens of the area. It is further understood that both the Local Government and 7 151 the Administrator shall be responsible for adequate advertising of the Project. It is understood that funds for such advertising shall be paid from grant funds. ARTICLE 6 LOCAL GOVERNMENT CONTACT PERSON The contact person who will represent the Local Government in all matters pertaining to the Project shall be Director, or his designee. • the Community Development ARTICLE 7 EXCLUSIVE REPRESENTATION It is understood between the parties that a representative of the Local Government and a representative of Fred Fox Enterprises, Incorporated, will represent this Project before any and all DCADEO or HUD meetings. ARTICLE 8 CONFLICT OF INTEREST The Local Government, having been so advised by the Administrator, does hereby recognize that the Administrator has provided similar area services in the 8 152 past to local governments and to area governmental bodies and may be so engaged in similar projects at this time or in the future, and the parties agree that administration of these projects by the Administrator does not constitute a conflict of interest with the Project. ARTICLE 9 SOCIAL SECURITY The Local Government is not liable for Social Security contributions pursuant to Section 481, 42 U.S. Code, relative to the compensation of the Administrator or any other participants during the period of this contract. ARTICLE 10 CONTRACT AMENDMENT The terms and conditions of this contract may be changed at any time by mutual agreement of the parties hereto. All such changes shall be incorporated as written amendments to this contract. 9 153 ARTICLE 11 TERMINATION Termination (cause and/or Convenience) (a) This contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other to fulfill its obligations under this contract, provided that no termination may be effected unless the other party is given (1) not less than ten (10) calendar days written notice (delivered by hand or by certified mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party during said 10 day period prior to termination. (b) This contract may be terminated in whole or in part in writing by the Local Government for its convenience, provided that the other party is afforded the same notice and consultation opportunity specified in 11(a) above. (c) If termination for default is effected by the Local Government, an equitable adjustment in the price for this contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the Administrator at the time of termination may be adjusted to cover any additional costs to the Local Government because of the Administrator's default. 10 154 If termination for convenience is effected by the Local Government, the equitable adjustment shall provide for payment to the Administrator for services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to termination settlement costs reasonably incurred by the Administrator relating to commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice of intent to terminate, if any; and upon proper documentation submittal. (d) Upon receipt of a termination action under paragraphs (a) or (b) above, the Administrator shall (1) promptly discontinue all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available to the Local Government all data, drawings, reports, specifications, summaries and other such information, as may have been accumulated by the Administrator in performing this contract, whether completed or in process. (e) Upon termination, the Local Government may take over the work and award another party a contract to complete the work described in this contract. (1) If, after termination for failure of the Administrator to fulfill contractual obligations, it is determined that the Administrator had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the Local Government. In such event, adjustment of the contract 11 1SS price shall be made as provided in paragraph (c) above. ARTICLE 12 EQUAL OPPORTUNITY The Administrator warrants that there shall be no discrimination against employees, applicants for employment, those to whom services are rendered, and applicants for such services under this contract because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. During the performance of the functions described herein, the Administrator agrees to the following conditions pertaining to the recognition and protection of the civil rights of employees, applicants for employment, those to whom services are rendered, and applicants for such services: 1. The Administrator will comply with the provisions of Title VI of the Civil Rights Act of 1964, P.L. 88-352, as amended, and rules and regulations published pursuant thereto, all of which are made a part hereof as if fully incorporated herein; 2. The Administrator will comply with the provisions of Presidential Executive Order Number 11246 of September 24, 1965, as amended, Title 3, Code of Federal Regulations, Chapter 4, which is made a part hereof as if fully 12 156 incorporated herein, the provisions of Section 204 of which executive order must be set forth verbatim, to wit: During the performance of this contract, the Administrator agree as follows: The Administrator will not discriminate against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. Such action shall include, but not limited to the following: employment, upgrading, demotion, transfer, recruitment, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Administrator agrees to post in conspicuous place, available to employees and applicants for employment, notice to be provided by the contracting officer setting for the provisions of the non-discrimination clause. 3. The Administrator will, in all solicitations or advertisements for employees placed by or on behalf of the county, state that all qualified applicants will receive consideration for employment without regard to race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. 4. The Administrator will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or worker's representative of the contractor's commitments under 13 157 Section 204 of Executive Order Number 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Administrator will comply with all provisions of Executive Order Number 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The Administrator will furnish all information and reports required by Executive Order Number 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Administrator non-compliance with the non-discrimination clauses of this contract or with such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order Number 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order Number 11246, of September 14 1.5R 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Administrator will include the provisions of paragraphs one (1) through seven (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the secretary of Labor issued to Section 204 of Executive Order Number 11246 of September 24, 1965, so that such provisions will be binding upon subcontractors or vendors. The Administrator will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance; provided however, that in the event the Administrator become involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Administrator may request the United States to enter into such litigation to protect the interest of the United States. 9. The Administrator shall not discriminate in solicitations or advertisements for employees placed by and on behalf of the contractor or against any employee or applicant for employment because of race, color, age, sex, religion, national origin, place of birth, ancestry, handicap, or familial status. 15 159 ARTICLE 13 HUD/DCADEO AUDITS If HUD or DCADEO finds that any sums received by the Administrator are unreasonable, then those sums shall be refunded by the Administrator to the Local Government as required by 24 C.F.R., Section 570.200. The Administrator agrees to reimburse to the Local Government any funds expended for transactions approved by the Administrator which are disallowed by the Florida Community Development Agency (F.C.D.A.), DEO, HUD, or other applicable oversight agency due to the malfeasance, misfeasance, or nonfeasance of the Administrator. All records will be made available to the Local Government's auditors at their request as pre -audit and post -audit requirements. ARTICLE 14 ADMINISTRATOR'S NOTICE REGARDING ENGINEER OR ARCHITECT It is understood between the Local Government and the Administrator that the Administrator will not be responsible for any Federal, State, or Local requirements that must be completed and supervised by an engineer and/or architect. 16 ARTICLE 15 ADMINISTRATORS NOTICE REGARDING LEGAL FEES AND AUDITS It is understood between the Local Government and the Administrator that the Administrator will not be responsible for legal or audit costs associated with this project. ARTICLE 16 SOURCE OF FUNDING The sole source of payment for this contract is the funding received through the DEO NSP C.D.B.G. program and/or portion of any other funding grants leveraged from it. ARTICLE 17 REMEDIES Unless otherwise provided in this contract, all claims, counter claims, disputes and other matters in question between the Local Government and the Administrator, arising out of or relating to this contract, or the breach of it, will be decided by the appropriate court in Indian River County, Florida. 17 161 ARTICLE 18 ACCESS TO RECORDS The Local Government, the Florida Department of Commute AffairsEconomic Opportunity, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, and any of their duly authorized representatives shall have access to any books, documents, papers, and records of the Administrator which are directly pertinent to this contract for the purpose of making audit, examination, excerpts, and transcriptions. ARTICLE 19 RETENTION OF RECORDS The Administrator shall retain all records relating to this contract for six (6) years following the final closeout of the project by DCADEO. ARTICLE 20 ENVIRONMENTAL COMPLIANCE Whereas this contract exceeds $100,000, the Administrator shall comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857 (h), section 508 of the Clean Water Act (33 18 U.S.C. 1368), Executive Order 11738, and U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). The Administrator shall include this clause in any subcontracts over $100,000. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY LOCAL GOVERNMENT): Wesley S. DavisPeter D. O'Bryan, Indian River County Board of County Commissioners Chairman ATTESTED BY: ADMINISTRATOR: Fred D. Fox, President, FFE ATTESTED BY: David A. Fox, Senior Project Manager 19 161 DATE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS: 2014 ATTEST BY: Jeffrey R. Smith, Clerk APPROVED TO4j O AND LEGAL SUFFICIENCY Dyein,,old, County Attorney FRED FOX ENTERPRISES, INCORPORATED (ADMINISTRATOR) BY: Fred D. Fox, President WITNESS BY: Signature BY: Printed Name of Witness 20 164 SWORN STATEMENT UNDER SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICE AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with the Enterprises General Administration Agreement for Fred Fox, Inc., and tle-Indian River County. 2. This sworn statement is submitted by Fred Fox Enterprises, Inc. whose business address is 26 Spanish Street, St. Augustine, Florida 32084, and (if applicable) its Federal Employer Identification Number (FEIN) is 59-2443697. 3. My name is Fred D. Fox, and my relationship to the entity named above is President of the Corporation. 4. I understand that a "Public Entity Crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state of with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other stat or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes., means a finding of guilt or a conviction of a public entity crime, with or without adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes., means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, 21 16� partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among person when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) XX Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July, 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989, AND (Please indicate which additional statement applies.) There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined 22 1A( that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) The person or affiliate has not between placed on the convicted vendor list. (Please describe any action taken by or pending with the Department of General Services.) Fred D. Fox (Signature) Date: STATE OF FLORIDA COUNTY OF PUTNAM PERSONALLY APPEARED BEFORE ME, the undersigned authority, Fred D. Fox, who, after first being sworn by me, affixed his signature in the space provided above on this day of , 200914. NOTARY PUBLIC My Commission Expires: F:\Community Development\CDBG\2008 NSP\Contracts\Grant Administration\Amendment #1\Proposed Amended NSP General Admin Contract V3 redlined.doc 23 167 GRANTEE: Indian River County GRANT NUMBER: NAME AND ADDRESS: OF CONTRACTOR: Fred Fox Enterprises, Inc. 26 Spanish Street P. O. Box 1047 St. Augustine, Florida 32085-1047 DATE OF PROPOSAL: March 6, 2014 TYPE OF SERVICE TO BE FURNISHED: CDBG Grant Administration COST SUMMARY: DIRECT LABOR: Estimated hrs x hrly rate = estimated cost Consultant/Director Project Manager Grants Compliance Manager 450600 hrs x $100. _ $1560, 000.00 450 hrs x $75. =_$ 33, 750.00 4500 hrs x $75. = $ 3-07-037,500.00 Grants Compliance Asst/ Review Specialist 250 hrs x $60. = $ 15, 000.00 Environmental Specialist Clerical Support 4-00125 hrs x $60. _ $ �,07,500.00 100 hrs x $40 . _ $ 4,000.00 DIRECT LABOR TOTAL: $ 133157,750.00 INDIRECT COSTS: Fringes, G & A, etc., rate x base = cost Fringes 35%x 133157,750.00 = $ 16,855,212.50 INDIRECT COST TOTAL: $ 46,812.50 OTHER INDIRECT COST: describe N/A OTHER INDIRECT COST: $ 0. 00 TOTAL ESTIMATED COST: PROFIT: TOTAL PRICE: 24 $180,5212,962.50 $ 19;422,037.50 $200235,000.00 16R Basis for estimating additional hours/work performed In February 2009, Fred Fox Enterprises, Inc. entered into a contract with Indian River County, in the amount of two hundred thousand dollars ($200,000.00), to carry out the administration of Indian River County's NSP -1 program, the fee which was negotiated for the administration of the original NSP -1 contract between the Florida Department of Community Affairs (DCA) and Indian River County in the amount of $4,680,825.00. At that time, DCA, the state agency overseeing the program, had advised the County that all program income would be returned to DCA for redistribution to all eligible communities at a later date. The administration of any Program Income received by the County in the NSP -1 project was not included in the County's original administrative contract with Fred Fox Enterprises. In March 2010, DCA revised their position concerning program income and advised all recipients, including Indian River County; program income could be retained by the County and expended on NSP eligible activities. Based upon the County's NSP -1 financials, to date, Indian River County has received $1,695,639.41 in program income from the sale of twenty-seven (27) housing units. Of that amount, $1,683,923.76 has been expended. The County has utilized the program income funds to purchase, renovate and sell or lease twelve (12) additional housing units. The acquisition, renovation and sale or rental of each of these twelve (12) additional housing units acquired by Indian River County utilizing NSP -1 program income funding required Fred Fox Enterprises, Inc. to complete the following for each additional property: • Prepare a "Site Specific Environmental Review'' for each of the twelve (12) additional properties and submit the "Site Specific Environmental Review" to DCA or the Department of Economic Opportunity (DEO) for approval; • Keep a separate set of financial records for the expenditures for each of the twelve (12) additional properties; • Review and approve the contractor's payment request for inclusion of all required forms for twelve (12) additional properties; • Prepare the contract packages for the resale of nine (9) additional resale properties; • Perform two sets of annual inspections on three (3) additional rental properties; • Review tenant eligibility on three (3) additional rental properties; and • Incorporate the twelve additional properties in the monthly, semi-annual and annual reports for the program required by the state. 25 169 EXHIBIT "A" PART 1 SCOPE OF SERVICES This Scope of Services was developed and included in the original Neighborhood Stabilization Program 1 (NSP1) Community Development Block Grant (CDBG) General Administration Contract executed on March 3, 2009. Because the NSP1 CDBG activities are nearing completion, it is recognized that many of the services listed in this Scope of Services have been completed. Only those services that are still applicable apply going forward with this amended contract. A. GENERAL ADMINISTRATION SCOPE -0.F THE SERVICES-OF—THE ADMINISTRATOR The Administrator shall provide the following GENERAL ADMINISTRATIVE services for this project; 1. Coordinate, monitor, and evaluate the direct costs of the overall program, including but not limited to the multiple activities outlined in the subsections of the contract below. 2. Provide program information and materials, and technical assistance to the public, including all community organizations. Publish applicable notices, r 170 and conduct applicable hearings to encourage citizen participation. 3. Respond to all citizen questions and complaints concerning the project in a timely manor. 4. Establish and maintain general and related files as required by the Department of Community AffairsEconomic Opportunity (DCADEO). 5. Prepare required Environmental Reviews, including the Public Notices and the "Request for Release of Funds". 6. Review and determine if professional services contracts and sub -recipient agreements are consistent with OMB Circular A-102. 7. Provide technical assistance to the Local Government in procuring professional service contracts. 8. Establish and maintain bookkeeping systems that are acceptable to both the Florida Department of Community AffairsEconomic Opportunity and The Auditor General's Office. 9. Monitor and provide technical assistance to nonprofit housing organizations which partner with the county on the Project, including monitoring and providing technical assistance in the purchase and rehabilitation of foreclosed properties for re -sale to income eligible households; the purchase and rehabilitation of foreclosed properties for renting to income eligible households; the purchase of land and property; the demolition or rehabilitation of abandoned properties; the 2 171 provision of principal reduction assistance to low -to moderate -income homebuyers; and the creation of "land banks" to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods, encouraging re -use or redevelopment of property in regard to all HUD and D€4DEO regulations, and preparing all necessary and all requested responses to inquiries from Local, State, and Federal governmental units. 10. Evaluate the various subsections of the Project according to HUD and DGADEO regulations and prepare all final reports to HUD and D€4DEO. 11. Provide all reports relating to the Project as required by the Florida Department of Gammunity AffairsEconomic Opportunity. 12. Prepare adequate advertising regarding all aspects of the Project to ensure active citizen participation, including but not limited to the environmental aspects of the project. 13. Complete the work anticipated to be outlined in the Community Development Block Grant — Neighborhood Stabilization Program contract between Indian River County and D€ADEO. That contract will be finalized upon the County successfully applying for and obtaining NSP CDBG funds. 14. Provide monthly progress reports to the Local Government in sufficient detail to indicate accomplishments and tasks completed. 3 172 15. Provide additional progress reports to the Local Government if requested. 16. Attend all meetings related to implementation of the CDBG NSP, including but not limited to, public hearings, staff meetings, public informational meetings, etc. 17. Prepare all required or requested program amendments. This will include preparing advertisements, conducting required public hearings and updating Environmental Reviews. 18. Prepare the County's NSP application. 19. Prepare sub -recipient agreements between the County and non-profit housing organizations. 20. Develop Request for Qualifications (RFQ) for: a. Non-profit housing organization partners; b. Property Appraisers; c. Contractors; d. Surveyors; e. Realtors; f. Engineers; g. Title Companies h. Home counselors; and 4 173 i. Other Applicable Service Providers. B. PROPERTY ACQUISITION SCOPE OF SERVICES OF THE ADMINISTRATOR The Administrator shall provide the following services for the property acquisition subsection included in this project: 1. Prepare and coordinate the publication of Public Notices to solicit eligible properties for acquisition. 2. Prepare and distribute informational packages to local lending institutions and other entities that own properties located within the selected target areas soliciting for properties that are eligible for acquisition under the NSP program. 3. Compile a list of properties that are located within the selected target area and are available for acquisition through the NSP program. 4. Work with the County and the selected non-profit housing organization partners to compile a list of NSP eligible properties. 5. Coordinate the process of obtaining appraisals on properties that the Nonprofit Housing Organizations are considering purchasing. 6. Negotiate acceptable option contracts for the purchase of NSP eligible properties that Nonprofit Housing Organizations are interested in . purchasing. 5 174 7. Work with the County to carry out due diligence prior to the purchase of all properties. Carrying out the due diligence shall include, but not be limited to: a. Obtaining surveys of properties, including flood plain elevation information, if applicable; b. Obtaining phase one environmental assessments of properties utilizing qualified firms; c. Verifying that the current zoning classification of properties is compatible with the intended use of the properties; d. Obtaining title searches on properties and verifying the ability to obtain title insurance; e. Insuring there are no existing liens or judgments filed against properties; f. Carrying out rehabilitation inspections and developing cost estimates of repairs that need to be completed prior to occupying properties; g. Completing property specific HUD Environmental Reviews; 8. Coordinate closings on the properties; 9. Ensure that all requirements of the Federal Uniform Relocation Act (URA) associated with the acquisition of properties are followed; and 6 175 10. Develop professional service contracts that are consistent with OMB Circular A-102 Attachment 0 and any other regulations from any other agencies as may be required for the following professionals: a. Property Appraisers; b. Surveyors; c. Realtors; d. Title Companies e. Engineers; f. Other Applicable Service Providers. 11. Provide technical assistance to the County in procuring professional service providers. 12. Review and approve all payment requests to ensure the payments are appropriate and that proper documentation is included. 13. Coordinate, monitor, and evaluate the direct cost of the property acquisition activity in the contract. 14. Establish and maintain adequate bookkeeping systems for this subsection of the project. 15. Evaluate this subsection according to HUD and DCADEO regulations and prepare all reports to HUD and DCADEO. 16. Establish and maintain property acquisition files that are acceptable to 7 176 HUD and DCADEO. 17. Monitor contractor performance and compliance with contract requirements. 18. Establish procedures relating to the procurement and implementation of contractual services, all pursuant to HUD and D-GADEO requirements and regulations. 19. Attend all HUD and DCADEO monitorings and prepare the County's response(s) to HUD and DCADEO monitoring letters. C. DEMOLITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following services for the demolition subsection of this project: 1. Implement the Project according to the activities in the County's NSP CDBG application and NSP Plan. 2. Maintain a public relations program regarding the demolition aspects of the project. The public relations program shall consist of informing the owners of properties adjacent to a property that contains a building to be demolished of the County's intent to demolish the structure and the intended use of the property after the demolition is completed. 8 177 3. Develop and maintain a schedule of services regarding various aspects of the demolition subsection of the Project. This will include the development of a plan to maintain the property while it remains vacant. 4. Maintain a list of properties where the demolition may be utilized. 5. Establish and maintain files on the demolition aspects of the Project, including individual sites. 6. Compile and develop progress reports and monitoring reports per HUD and DCADEO regulations and maintain central files on same. 7. Implement the demolition aspects of the Project per the instructions of the County. 8. Develop technical specifications and bid document forms for the demolition and clearance of project sites. 9. Inspect the project sites to confirm completion per the demolition and site bid specifications. 10. Represent the Local Government before any Local, State, or Federal board meeting regarding the demolition aspects of the Project. D. REHABILITATION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following services related to the rehabilitation of the properties acquired as part of the NSP program: 9 178 1. Establish and maintain files on the general rehabilitation aspects of the project for use by the Local Government and interested citizens. 2. Develop rehabilitation contract forms and contracting procedures acceptable to the County, HUD and DCADEO. 3. Establish and maintain required bookkeeping records relating to all aspects of the contractor's billing process. 4. Compile and correlate progress reports for the County and notify the County of the availability of the same. 5. Compile and correlate progress reports on the Rehabilitation Activity per any HUD or DCADEO reporting requirements. 6. Prepare an RFQ to identify and pre -qualify contractors to work with the County's CDBG — NSP. 7. Advise the County as to the progress of the Project and indicate any areas of concern and assist the County in developing solutions to any such problems. 8. Represent the County before any necessary boards or review meetings related to the Rehabilitation Activity. 9. Work with the County to develop and maintain proper and acceptable bookkeeping methods and necessary records in relation to the Rehabilitation Activity according to the standards of HUD and/or DCADEO. 10 179 10. Coordinate, monitor, and evaluate the direct cost of the Rehabilitation activity in the contract. 11. Evaluate this subsection according to HUD and DCADEO regulations and prepare all reports to the Department. 13. Monitor contractor performance and compliance with contract requirements. 14. Establish procedures relating to the procurement and implementation of contractual services, all pursuant to HUD and DC4DEO requirements and regulations. 15. Be present at all HUD and D€ADEO monitoring and prepare the County's response(s) to HUD and DC- 4DEO monitoring letters. Project Delivery Services: The following are defined as project delivery services by DCADEO and are not included in this contract. They will be carried out by others unless they are incorporated by change order into this administrative contract: 1. Inspect the housing units proposed for acquisition with NSP funding for the purpose of developing work write-ups and cost estimates for the rehabilitation work to be completed on the units. 11 iso 2. Develop detailed work write-up reports and cost estimates on the housing units that are to be rehabilitated as part of the NSP Project. 3. Coordinate and conduct pre-bid walkthroughs of the housing units by the contractors. 4. Identify work items associated with the rehabilitation bidding process. 5. Provide the County with recommendations of award for the rehabilitation bids received. 6. Complete contracts for the units to be rehabilitated or replaced. 7. Conduct pre -construction conferences and contract signings for the units being rehabilitated. Complete, have executed, and record "Notices of Commencement". 8. Record Deeds, Notes and Mortgages after execution. 9. Implement inspection procedures to be utilized during the rehabilitation stage of the project. 10. Organize and maintain appropriate records regarding inspections carried out during the rehabilitation stage of the project. 11. Inspect housing units and verify contractors' invoices at each draw as well as completion of the rehabilitation project. Obtain "Release of Liens" from contractors and sub -contractors prior to approving all draw requests. 12 181 E. CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES SCOPE OF SERVICES OF THE ADMINISTRATOR(S) The Administrator(s) shall provide the following services related to the selection and qualifying of clients and the sale and/or rental of the properties included in the County's NSP program: 1. Work with the County and the non-profit housing organization partners to disseminate information to the general public regarding the program, including the application procedure for the individuals or families wishing to participate in the NSP project. 2. Work with the County and the non-profit housing organization partners to develop application procedures and forms for prospective applicants. 3. Work with the County and the non-profit housing organization partners to accept and process applications from prospective applicants. 4. Work with the County's non-profit housing organization partners to verify the eligibility of prospective applicants as to income per requirements of HUD and DDEO keeping within the requirements of the Privacy Act. PART 2 A. GENERAL ADMINISTRATION LOCAL GOVERNMENTS RESPONSIBILITY The Local Government's responsibility in regard to this subsection shall be 13 182 to: 1. Instruct the personnel of the Local Government to cooperate and assist the Administrator in the execution of the necessary financial data and procedures in order to comply with all HUD and/or DCADEO requirements. 2. Provide assistance in implementation of contractual services necessary to complete the Project per the requirements of any and all HUD or DCADEO requirements. 3. Establish and maintain rapport with individual citizens and community groups regarding the Project. 4. Assist the Administrator in negotiations necessary for all subsections of the Project. 5. Review and implement all contracts necessary to ensure efficient progress of the Project. B. PROPERTY ACQUISITION LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to this subsection shall be to: 1. Assist the Administrator by placing at its disposal all available information pertinent to the sites being considered for inclusion in the Project, including ownership data and any other data relative to the housing units that are 14 183 being considered for acquisition under the NSP Program. 2. Furnish the Administrator, when available, reports regarding property, boundary, right -of way, zoning, comprehensive plan concurrency, building permits, flood plain elevations, which the Administrator may rely on in performing its services. 3. Assist the Administrator in obtaining right -of entry and release of liability forms from property owners. 4. Designate a member of the Local Government who will act as a contact person with the Administrator to facilitate and transmit instructions, receive information, and generally assist the Administrator as may be necessary. The Local Government shall submit the contact person's name to the Administrator within ten (10) days of the signing of the contract. 5. Give prompt notice to the Administrator whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project. 6. Inform the Administrator of all meetings relevant to the NSP project involving non-profit housing organization partners, property appraisers, contractors, surveyors, realtors, home counselors, and other applicable service providers. C. DEMOLITION SERVICES LOCAL GOVERNMENT'S RESPONSIBILITY Y.•- The Local Government's responsibility in regard to this subsection shall be: 15 184 1. Provide assistance in implementation of contractual services necessary to the Project per the requirements of any and all Local, State, and Federal Requirements. 2. Establish and maintain rapport with individual citizens and community groups regarding aspects of this subsection of the Project. 3. Assist the Administrator(s) in negotiations of right -of -entry and release of liability aspects of this subsection of the Project. 4. Review and implement all contracts as deemed necessary by the Local Government to ensure efficient progress of the Project. 5. Provide any additional information as deemed necessary by the Local Government to the Administrator(s) which will help complete the demolition aspect of the Project and allow for summary and closure of demolition files. D. REHABILITATION SERVICES LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to this subsection shall be: 1. Assist the Administrator(s) by placing at its disposal all available information pertinent to the properties proposed for rehabilitation in the Project including previous building permit information and any other data relative to design and construction of the Project. 2. Attempt to make provisions for the Administrator(s) to enter onto 16 1R5 public and private lands as required to perform the rehabilitation services included in this Project. 3. Designate a member of the Local Government who will act as a contact person with the Administrator(s) so as to facilitate and transmit instructions, receive information, and generally assist the administrator with the rehabilitation activity included in this project as may be necessary. 4. Give prompt notice to Administrator(s) whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project. E. CLIENT SELECTION AND PROPERTY DISPOSITION SERVICES LOCAL GOVERNMENT'S RESPONSIBILITY The Local Government's responsibility in regard to this subsection shall be: 1. Assist the Administrator by placing at its disposal all available information pertinent to the non-profit housing organization partners, including information on previous projects carried out by the organization and any other data relative to administration of the Project. 2. Work with the Administrator and the non-profit housing organizations to solicit potential clients, qualify potential clients, obtain Board of County Commissioners approval of potential clients, ensure that no potential conflicts of interest exist in relation to potential clients, coordinate client education courses that 17 1R( are required to meet the NSP program requirements and other relative services that may be required by the Administrator to carry out the project. 3. Work with the Administrator and the non-profit housing organizations to facilitate the disposition of the dwelling units which are being sold by the non- profit housing organizations to qualified buyers. 4. Designate a member of the County who will act as a contact person with the Administrator(s) so as to facilitate and transmit instructions, receive information, and generally assist as may be necessary. 5. Give prompt notice to Administrator(s) whenever the Local Government observes or otherwise becomes aware of any defects or problems with the Project. F:\Community Development\CDBG\2008 NSP\Contracts\Grant Administration\Amendment #1 \Appendix A Amended and Restated.doc 18 187 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: April 9, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manag SUBJECT: Online Auction Analysis BACKGROUND: On April 8, 2014, staff requested authorization to begin selling surplus items via online auction. The Board requested additional information, which staff is pleased to provide. There are many benefits to having the ability to use online auctions. They include reducing Toss of value to items as they sit idle prior to sale, increased visibility to buyers, and more efficient use of staff time during the surplus and sale process. Limit Loss of Value The frequency of auctions held has reduced to about once a year. Lack of use can lead to deterioration and detract from the value. Vehicles that no longer start must be towed to the auction site, with those expenses deducted from proceeds. Vehicles affected by vandalism have required the purchase and installation of replacement parts so they could be driven to the auction site. Items have also been reported missing or stolen while awaiting sale. Selling items as quickly as possible after they are no longer in use can significantly reduce such concerns and lead to higher prices paid for the items. Broader Audience and Greater Draw Online auctions are viewed by buyers all over the country, while live auctions attract a more localized audience. At a live auction, we draw buyers based on the items we and the participating municipalities are selling. Since online auctions represent agencies across the U.S., they are able to draw buyers based on a wider and more diverse catalog of items. As other local agencies transition to online auctions, the catalog of items to draw buyers to live auctions will most likely decrease, as may bid prices. Current methods of disposition for local agencies are shown on the following table. M:\Public Surplus\041514 Agenda - Online Auction Analysis.doc 1RR g w3 ? r Q?fe!; ' Mire r Indian River County Schools GovDeals (4-5 years) N/A (recycle) GovDeals Indian River County Sheriff GovDeals and Live Live Live City of Vero Beach Public Surplus Property Room TBD Indian River Shores GovDeals Live Live City of Sebastian GovDeals (4-5 years) GovDeals N/A More Efficient Utilization of Staff Once a department requests and disposition is approved by the capital asset custodian and Budget, Purchasing enters the items onto the Excess Equipment List. The items remain in place until they are taken to the auction site, or Facilities Management picks them up for storage at either the Ixora warehouse or the Administration Building warehouse. Generally, larger items such as copiers, generators, etc. are left in place until they can be picked up and delivered directly to the auction site. Allocated Facilities staff time is normally 30-40 hours per month for pickups, palletizing and shrink-wrapping. Facilities Management had three staff members deliver items in the two days prior to the June 2013 auction, for a total of 48 hours worked. At least one member of Purchasing staff is normally on site during the setup days to assist with setup and tracking. Fleet Management also provides manpower to deliver vehicles to the auction site. Following the auction, staff reconciles the list of items sold against our surplus list and arranges for removal and disposal of unsold items. If online auctions were utilized, the need to relocate items to a live auction site could be eliminated. In some cases, items can be sold in place, if the owning department is amiable to buyers coming directly to their office area to take the item(s) sold. Facilities staff can still move items to either warehouse area for more centralized access for viewing and pickup by buyers. Both auction sites will post items for sale on behalf of sellers at no additional cost, however staff feels the posting process can be easily and quickly accomplished by Purchasing Department staff. Preparing and submitting legal ads when required will take only a few minutes, as will completing and delivering completed bills of sale for motor vehicles to the Tax Collector. Value While we are not able to predict revenue, each of the local agencies staff has spoken with has reported being at least satisfied, but more often pleased with their income from online auctions. The City of Sebastian reports $165,000 in the past 20 months, including a return of 40% of the value of a vehicle that was more than 15 years old. The School District has brought in nearly $200,000 in the past year and has determined in the case of busses, they are realizing a 25% increase in sales prices compared to live auction. M:\Public Surplus\041514 Agenda - Online Auction Analysis.doc 1Rq Staff anticipates utilization of online auctions would bring sales prices similar to or better than what we realize at live auction. Flexibility Both online auction sites, as well as our contracted auctioneer are willing to support our efforts, as we define them. There is no commitment or exclusivity required. Public Surplus has written terms they require sellers to agree to prior to enrolling with them, which attached. GovDeals has no seller agreement or contract required to use their site. Staff does not propose to use online auctions for sale of real property, as we believe live auctions by our contract auctioneer are most appropriate. All assets and working items will continue to be brought before the Board for declaration as surplus prior to disposal by any method. The list of excess equipment can be modified to indicate planned method of disposal. RECOMMENDATION: Staff presents these alternates for the Board to consider for approval: Alternate 1— Staff recommends the Board declare the items on the attached Excess Equipment List (which has been updated to reflect date acquired and purchase price) and authorize the Chairman to execute both the Public Surplus Seller Agreement and the Agreement for Payment Processing to enable the Purchasing Division to enroll as a seller with Public Surplus. Finally, authorize the Purchasing Division to enroll with GovDeals to enable evaluation of both sites and the ability to utilize the most appropriate vendor. Alternate 2 — Authorize the Purchasing Division to dispose of all excess equipment and vehicles by online auction when feasible, unless a live auction by our contract auctioneer is scheduled within the County during the next three months. Alternate 3 — Authorize the Purchasing Division to dispose of excess equipment, excluding vehicles by online auction. Alternate 4 — Authorize the Purchasing Division to dispose only of non -working excess equipment and scrap by online auction. Alternate 5 — Deny approval for use of online auction. Staff recommends the Board approve Alternates 1 and 2. ATTACHMENTS: Excess Equipment List Public Surplus Seller Agreement Agreement for Payment Processing M:\Public Surplus\041514 Agenda - Online Auction Analysis.doc 190 APPROVED AGENDA ITEM BY: Q(74L/)d Jos ih A. Bird, County Administrator FOR: C�� /6 J c49,/-/ M:\Public Surplus\041514 Agenda - Online Auction Analysis.doc Indian River Co A. ed Date Admin/ Legal *kr.11 f)//Y‘ Budget '< 14 Department l4 Risk Manager _ —' 101 xcap 'd. ,4,q� 0 {A 9, 10''. aye >: 00.0$ 0 O o VT 0 O 0 t/? 0 O 0 i/? 0 O 0 V} 0 O 0 1/T 0 o 06 i!? 0 O t/} 0 o 0 -on 0 O 0 i/? 0 O 0 L? 0 O 0 tn. 0 O 0 {/} 0 O 0 y/- 0 O 0d tn. 0 O y/} 0 O 06 i/} 0 O tn. 0 co 0 tn. 0 O 0 tn. 0 O 0 y/} 1n (A ' N. O N. 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T .-1 201230 22651 188260 22291 OP IT Property A raiser Community Dev Animal Control Telecomm Recreation Recreation Property Appraiser Property Appraiser Property Appraiser Property Appraiser Property Appraiser Property Appraiser Finance Finance Finance Finance Finance Finance Finance Sandridge Sandridge Sandridge Sandridge bt+YuN r T C t? °k1 eyTO:.' m 1-1 lD .-I m m r-1 ri m y v V00a+r00 \\\ .-1 N 1. ri '-I \ \\ m M 0 O -1M .-I m 13/31/14 v \ N m a 1-1 ."i M M V \ .--1 M M 13/31/14 a \ .-1 m m V \ .--I M m V \ .--1 M M v v v v \\\\ .--I .--I .-i N m 000101 M m M r 13/31/14 1 a v \\ .--1 .-I mM M m d' v \ 1-1 N .--1 M MN m M 0 ctt Oq 14, Public Surplus Seller Agreement Public Group, LLC, a Utah limited liability company that sometimes does business as "Public Surplus" ("Public Surplus", "We" "Us"), provides online bid boards, auctions and stores and facilitates other online transactions on www.publicsurplus.com and other websites (collectively, the "Site") for governmental bodies and others ("Sellers" or "You") to sell surplus goods and other property and assets to buyers of all types ("Buyers"). As a condition to accessing and using the Site and receiving the benefit of Public Surplus' services provided through the Site and otherwise (the "Services"), Public Surplus requires that You review and accept this Seller Agreement (this "Agreement"). BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH PUBLIC SURPLUS. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. YOU AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT. 1. ACCESSING OUR SITE AND USING OUR SERVICES 1.1. Eligibility. You may only use our Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. You may not assign or transfer Your account or user identification to any other party. 1.2. Seller Affirmations in Connection with Offers and Sales.. In using our Site and Services, You agree as follows: (a) No contingency to Your sales offer exists other than those stated in the listing at the time of sale. (b) You will be responsible for delivering property sold using Your username and password. (c) You are fully capable of transferring title to the property offered for sale in a timely manner. (d) You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us. (e) You are dealing in good faith and are not attempting to defraud, cheat, or wrong Public Surplus or any Buyer. 1.3. Accuracy and Nature of Your Information. You are solely responsible for all information You provide to Us or other users on our Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty -free, sub - licensable (through multiple tiers) right to use and exercise the copyright, publicity, and database rights You have in Your Information for purposes of facilitating the communications and transactions made through our Site. 193 1.4. Fees. Public Surplus charges no fees for You to register to list property for sale on the Site. However, You will owe a transaction fee for each sale through the Site. Other fees may apply for other Services as shown on the Site. Our fees may change from time to time. You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms. 1.5. You agree not to attempt any action that may disrupt our Site or our Services. Among other things, You agree that (i) Your Information and all other input on our Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our Services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic device, or manual process to monitor, copy or reproduce our web pages or the content contained herein without our prior express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. 1.6. User Password. During the registration process, You will select a username and a password. You agree that You are solely responsible for preserving the confidentiality of Your username and Your password, and You will be responsible for all activities and charges related to the use of Your username and password, including unauthorized use. You agree not to furnish Your username, password or other information to any other party for use of the Site and the Services. You agree to notify Public Surplus immediately of any unauthorized use of Your personal password or username and any other breach of security regarding the Services. 1.7. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps necessary to ensure that Your employees, contractors, and agents comply with the covenants, terms , and provisions of this Agreement, including but not limited to the covenants contained in sections 1.5 and 7.8 of this Agreement. You acknowledge that You will be responsible and liable for any damages, claims, liabilities, and expenses of any kind suffered by Public Surplus or any of Our affiliated companies arising from any and all actions or failures to act taken by any party using Your username and password or taken by Your employees, contractors, or agents, whether or not in accordance with the terms or intent of this Agreement. 1.8. Consent to E -Mail Correspondence from Public Surplus. You hereby agree that We may send future correspondence to You via electronic mail ("e-mail") that notifies You of sales opportunities or other matters that We believe may interest You. Any e-mail correspondence to You (i) will be clearly and conspicuously identified as sent by Public Surplus; and (ii) will clearly and conspicuously display a functioning return e-mail address to enable You to reply to Public Surplus. 1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and conditions by checking the box indicating Your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by Us. Changes to the terms and conditions will be effective from the time they are 194 placed on our Site, in the terms and conditions section of the Site, or any other section where they may appear. 2. SELLER UNDERSTANDINGS AND OBLIGATIONS In listing or offering items for sale on our Site or otherwise accessing our Site and Services in any way, You represent, warrant and agree to the following: 2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the property immediately available for pickup and/or shipment. 2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during the listing on certain items at our sole discretion. Any such deposits will be retained and applied in Public Surplus' discretion. 2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our Site and Services and the offer and sale of property. Offering property for sale with the intent not to complete the transaction, causing disruption to the sale process on our Site, and not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law. 3. PAYMENT PROCESSING SERVICES 3.1. Payment Processing Services Under Separate Agreement with Affiliate. In the event that You elect to have Our affiliate, Public Processing, LLC, a Nevada limited liability company ("Public Processing"), receive and process on Your behalf payments made by Buyers (the "Processing Services"), You agree to the provisions set forth in this Agreement and in a separate agreement with Public Processing. 4. LIABILITY LIMITATIONS AND RELEASES 4.1. Absence of Liability. You will not hold Public Surplus responsible for actions or inactions of Buyers or other users, including the failure of a Buyer to take delivery or make payment for an item. You acknowledge that We are not a traditional auctioneer and We are not the Buyer of property sold through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between You and Buyers. We have no control over and do not guarantee such things as the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our Services, or this Agreement. 4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PUBLIC SURPLUS DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PUBLIC SURPLUS DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, 195 UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PUBLIC SURPLUS MAKES NO WARRANTY THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PUBLIC SURPLUS MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PUBLIC SURPLUS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER USER. 4.3. Interruption of Service. Public Surplus is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be unavailable unexpectedly. 4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in locating related information and services. You acknowledge and agree that Public Surplus is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Public Surplus endorses the linked site. You use the links at Your own risk. 4.5. Release. If You have a dispute with a Buyer or any other Seller or user of our Site, You release Us, (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will settle all disputes with other users of our Site without our involvement, and to the extend allowed by law, We will have no liability whatsoever arising from communications made or transactions effected through our Site. If You are a California resident, You waive California Civil Code A§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 4.6. Indemnity. To the extend allowed by law, You agree to indemnify, defend and hold harmless Public Surplus from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of Your breach or alleged breach of this Agreement or Your violation or alleged violation of any applicable law or any rights of a third party. 5. PRIVACY We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We view protection of privacy as a very important community principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us. For a complete description of how We use and protect Your personal information, see Public Surplus' Privacy Policy. If You object to Your Information being transferred or used in this way please do not use our services. 196 6. TERMINATION OR SUSPENSION Public Surplus reserves the right to suspend or terminate Your access to our Site and Services for any reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to our Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that You have engaged in fraudulent activity of any kind in connection with our Site; (c) You manipulate the price of any item or interfere with another user's communications or transactions; (d) We are unable to verify or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability for You, our users or Us. 7. MISCELLANEOUS 7.1. Changes to Site and Services. Public Surplus reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of our Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice. 7.2. Record Keeping. Public Surplus cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages You to keep individual records and an accounting of all activity conducted through our Site. 7.3. Notice and Communication. Unless stated otherwise, all notice and communication with You will be provided by e-mail to the e-mail address provided by You in their registration application or via posting on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by Public Surplus or the information was posted on the Site. 7.4. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of Florida in connection with any dispute or claim involving Public Surplus. 7.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. 7.6. Waiver. The failure of Public Surplus to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future. 7.7. Independent Contractor Relationship. The relationship between You and Public Surplus is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement. 7.8. Intellectual Property. All inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, documents, blueprints, specifications, computer or intellectual property programs, methods of doing business, data in Public Surplus' databases (including but not limited to databases containing bidders, Buyers and other users of the Site and their names and contact information), systems, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the exclusive intellectual property of Public Surplus (the "Public Surplus 197 IP"). In addition, all content contained on the Site is Public Surplus IP that is copyrighted material, and Public Surplus retains and reserves all rights and interests in the content. Public Surplus IP may be created by one of more of Public Surplus' employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title, and interest in any Public Surplus IP will belong to Public Surplus and will be subject to the conditions of this Agreement. You hereby irrevocably assign to Public Surplus all right, title, and interest You may acquire in any Public Surplus IP, whether or not generated from Feedback. Public Surplus may, at its option, file an application for intellectual property protection for Public Surplus IP. If any such Public Surplus IP is created with Your participation or Feedback, You agree to cooperate with Public Surplus to assure that such application(s) will cover, to the best of Your knowledge, all related assets, including all features of commercial interest and importance. Public Surplus IP is the sole and exclusive property of Public Surplus and may not be used, copied, reproduced, modified, published, transmitted, distributed, displayed, or sold, or derivative works created, without the prior written consent of Public Surplus. Furthermore, You may not provide access to, or information from, the Site to any other party without Public Surplus' prior written consent. 7.9. Copyrights. The Site may contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this Agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party. 7.10. Trademarks. The Site and Public Surplus' tradenames, domain names and logos found on the Site are trademarks or service marks of Public Surplus. No display or use of such marks may be made without the express written permission of Public Surplus. All other designated trademarks or service marks are the property of their respective owners. 7.11. Assignment. This Agreement may not be assigned by You or by operation of law to any other person, persons, firms or corporations without the express written approval of Public Surplus. However, You agree that this Agreement and all incorporated agreements may be assigned and delegated by Public Surplus in our sole discretion to any party and will be assigned and delegated automatically in the event of a merger of Public Surplus with another party. 7.12. Entire Agreement. This Agreement constitutes the entire agreement between You and Public Surplus, and supersedes any previous agreements, whether oral or in writing, between You and Public Surplus relating to the subject matter hereof. Public Surplus may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to You. 7.13. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of this Agreement. 7.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement. 7.15. Oral Statements by Representative. Any oral statement or representation by any representative of Public Surplus changing or supplementing this Agreement or any terms of bidding or sale on the Site, is 198 unauthorized and ineffective and confers no right on You and may not be relied upon by You. No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on Public Surplus unless agreed to, in writing, by Public Surplus. SELLER: INDIAN RIVER COUNTY By: By: Peter D. O'Bryan, Chairman /rfanqa;I) /J' &aiM osephIA. Baird, County Administrator APPROVES AS TO FORM AND A AL SUFFICIENCY: 1.3c11.c pylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Jenniferliyde Title: Purchasing Manager 1800 27th Street Vero Beach, FL 32960 (772) 226-1575 Facsimile: (772) 770-5140 Public Surplus: By: Attest (Contractor (CORPORATE SEAL) Address for giving notices: Pj�C)6.pc 5061 & iriv4 j L)1 g46os 199 Public Processing, LLC Agreement for Payment Processing Public Processing, LLC, a Nevada limited liability company ("Public Processing", "We" "Us") processes payments made by buyers of all types ("Buyers") for surplus goods and other property and assets sold by a governmental body or other party ("Seller" or "You") through online bid boards, auctions and stores, and other online transactions on www.publicsurplus.com and other websites (collectively, the "Site") operated by our affiliate, The Public Group, LLC, a Utah limited liability company that sometimes does business as "Public Surplus" ("Public Surplus"). If elected by You, Public Processing will agree to receive and process payments made by Buyers and forward to You the amounts paid, in accordance with the terms set forth below. As a condition to accessing and using the Site and receiving the benefit of the payment processing services provided through the Site and otherwise (the "Services"), Public Processing requires that You review and accept this Agreement for Payment Processing (this "Agreement"). BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. YOU AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT. 1. ACCESSING THE SITE AND USING THE SERVICES 1.1. Eligibility. You may only use the Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. You may not assign or transfer Your account or user identification to any other party. 1.2. Seller Agreement with Public Surplus. By using our Site and the Services, You acknowledge, agree, and confirm that You have agreed to the form of the separate Seller Agreement with Public Surplus on the Site that is required to be accepted by you upon registration upon the Site (the "Seller Agreement"). In the event of any inconsistency between the provisions of this Agreement and the Seller Agreement, this Agreement will govern. 1.3. Seller Affirmations in Connection with Offers and Sales. In using the Site and Services, You agree as follows: a. You will be responsible for delivering property sold using Your username and password. b. You are fully capable of transferring title to the property offered for sale in a timely manner. c. You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us. d. You are dealing in good faith and are not attempting to defraud, cheat, or wrong Public Processing or any Buyer. 1.4. Accuracy and Nature of Your Information. You are solely responsible for all information You provide to Us or other users on the Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty -free, sub -licensable (through multiple tiers) right to use and exercise the copyright, publicity, and database rights You have in Your Information for purposes of facilitating the communications and transactions made through the Site. 1.5. Fees. Fees apply for the Services available through the Site. Our fees may change from time to time as specified on the Site or by written communication to You (by e-mail or otherwise). You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. You agree that the fees and any taxes due may be deducted and retained by Us from any payment amounts processed by Us. If Your payment method fails or Your account is past due, We may collect the fees and taxes owed using other collection mechanisms. 200 1.6. No Disruption to The Site or Services. You agree not to attempt any action that may disrupt the Site or the Services. Among other things, You agree that (i) Your Information and all other input on the Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use the Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of the Services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic device, or manual process to monitor, copy or reproduce the Site or the content contained herein without our prior express, written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure. 1.7. User Password. During the registration process, You will select a username and a password. You agree that You are solely responsible for preserving the confidentiality of Your username and Your password, and You will be responsible for all activities and charges related to the use of Your username and password, including unauthorized use. You agree not to furnish Your username, password or other information to any other party for use of the Site and the Services. You agree to notify Public Processing immediately of any unauthorized use of Your personal password or username and any other breach of security regarding the Services. 1.8. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps necessary to ensure that Your employees, contractors, and agents comply with the covenants, terms and provisions of this Agreement, including but not limited to the covenants contained in sections 1.6 and 7.8 of this Agreement. You acknowledge that You will be responsible and liable for any damages, claims, liabilities, and expenses of any kind suffered by Public Processing arising from any and all actions or failures to act taken by any party using Your username and password or taken by Your employees, contractors, or agents, whether or not in accordance with the terms or intent of this Agreement. 1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and conditions by checking the box indicating Your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by Us. Changes to the terms and conditions will be effective from the time they are placed on the Site, in the terms and conditions section of the Site, or any other section where they may appear. 2. SELLER UNDERSTANDINGS AND OBLIGATIONS In listing or offering items for sale on the Site or otherwise accessing the Site and Services in any way, You represent, warrant and agree to the following: 2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the property available for prompt pickup and/or shipment. 2.2. Deposits. Public Surplus and Public Processing reserve the right to require an earnest money deposit prior to or during the listing on certain items at their sole discretion. Any such deposits will be retained and applied in their discretion. 2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site and Services and the offer and sale of property. Offering property for sale with the intent not to complete the transaction, causing disruption to the sale process on the Site, and not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law. 3. PAYMENT PROCESSING SERVICES 3.1. Scope of Payment Processing Services. In the event that You elect to have Us receive and process on Your behalf payments made by Buyers, You agree to the provisions set forth in this Agreement relating thereto. You understand and agree as follows: 201 a. The Services do not include risk or fraud management, dispute management, collection agency services, or electronic checks; b. We will not perform Services with respect to transactions prohibited by the applicable laws or by bank, financial institution, or credit card association bylaws or rules; c. We will not provide Services with incomplete transaction information or if transaction information cannot be confirmed; d. We will only perform Services for domestic credit cards; and e. You will not engage any other person to perform Services while we are providing them under this Agreement. 3.2 Buyer Steps & Procedures for Payment. We will receive and process payments on Your behalf only if Buyers make the payments by following the steps, instructions, and procedures included on the Site and sent by e-mail to winning Buyers and in compliance with applicable laws and bank, financial institution, or credit card association rules and procedures (including but not limited to PCI Security Standards). Among other things, the payment for each successful bid must be made (a) to Public Surplus or Public Processing, (b) by certain means (credit cards, wire transfers, etc.) specified on the Site that vary based upon the amount of the payment, (c) in a timely manner as specified on the Site, and (d) in a single payment by a single authorized means (no partial payments, multiple payments, or payment by two different means allowed). 3.3. Sales Tax Processing. If You elect, We will under the conditions specified in this Agreement, agree to receive sales tax payments made by Buyers and remit the sales tax payments to the applicable sales tax authority in the state in which You are located (the "State"). You understand and agree as follows: a. We will receive and remit to the State sales tax amounts paid by Buyers only if and to the extent of the amount of sales tax with respect to a particular transaction is added to the price and other payments otherwise payable by the Buyers. b. We rely on You to inform us of the applicable sales tax rate and to provide us with Your applicable tax identification number. You hereby authorize and direct Us to remit payment of the sales tax amounts directly to the applicable sales tax authority in the State using the tax identification number that You provide to Us. c. Except for remitting funds we receive as payment for sales tax to the extent such funds exceed the price and other payments due from the Buyers, We will have no responsibility or liability for ensuring that payments are received and collected as required under all applicable laws or for making payment to any governmental body or authority entitled to sales or use tax payments. d. We will receive and process sales tax payments on Your behalf only if Buyers make the payments by following the steps, instructions, and procedures included on the Site and sent by e-mail to winning Buyers and in compliance with applicable laws and bank, financial institution, or credit card association rules and procedures. 3.4. Liability and Risk of Loss for Failure to Pay, Charge Backs, and Other Items. To the extent allowed by law, You will bear the burden and risk of any and all loss, liability, and exposure arising from any of the following circumstances: (a) a Buyer does not make a payment, (b) a charge back occurs with respect to a payment made, (c) a payment is not made in good funds, (d) a check does not clear, (e) a refund to a Buyer is made, (f) fraud, deception, misrepresentation, or any other impropriety occurs with respect to a transaction or a payment, (g) the action, inaction, refusal, or delay of any bank, financial institution, or credit card association in processing any payment transaction, (h) the assessment of any fees, fines, or penalties by a bank, financial institution, or credit card association relating to a charge back or other matter, or (i) any other cause results in payment not being credited for a transaction involving Your property,. Because Public Processing is merely processing payments for You, You understand that We assume no responsibility, burden, or risk of loss whatsoever for any of such circumstances. You expressly agree that We may offset the amounts arising from any such circumstances against other amounts payable by Us to You. You also agree that we may charge an extra processing fee if we make refunds relating to sales of Your property. You understand that the level of charge backs, fraud, or other circumstances may cause Us to decide to terminate rendering the Services under this Agreement. 3.5. Public Processing Not A Seller, Nor A Collection Agency; No Consignment. You acknowledge and agree that Public Processing does not (a) assume the role of seller of Your property, (b) make any representations or statements about Your property, (c) act as a collection agency to collect monies unpaid by Buyers, (d) take consignment of Your property, nor (e) undertake or assume any other role or 202 responsibility not contemplated by this Agreement. You agree that You and Your employees and representatives will not make any statements or act in any way inconsistent with Public Processing's limited role under this Agreement. 3.6. Public Processing Payment to You. Public Processing will keep records of all amounts received in good funds on Your behalf. Public Processing will make payment to You monthly (unless otherwise agreed) of amounts received (net of fees, offsets, and any taxes). Unless otherwise agreed by Us, You agree that payment will only be made by Automated Clearing House (ACH) deposits to an account specified and properly maintained by You. You agree to provide promptly the authorizations needed for such ACH deposits and to be responsible and liable for any and all fees relating to such ACH deposits. You also agree to monitor the account and the deposits therein. You will bear the burden of any and all loss, liability, and risk of loss arising from any fraud, theft, mistake, or deception involving such ACH deposits, unless they arise from fraud, mistake, or deception by Us or our employees or agents. 3.7. Minimum Amount Required for Payment. Public Processing will make payment to You, as set forth above, of all amounts received (net of fees, offsets, and any taxes) on Your behalf, so long as the total amount received is $100 or more. We will not make payments to You of less than $100. Where any amount or amounts received on Your behalf total Tess than $100, payment will be made to You upon receipt of additional funds that bring Your balance above $99. Public Processing will own the interest on any balance held because it is below $100. When You close Your account with Public Surplus and Us, any remaining balance will be paid to You, regardless of the minimum balance requirements stated above. 4. LIABILITY LIMITATIONS AND RELEASES 4.1. Absence of Liability. You will not hold Public Processing responsible for actions or inactions of Buyers or other users, including the failure of a Buyer to take delivery or make payment for an item. You acknowledge that We and Public Surplus are not traditional auctioneers and We are not the Buyer of property sold through the Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between You and Buyers. We have no control over and do not guarantee such things as the quality, safety, or legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with the Site, the Services, or this Agreement. 4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. PUBLIC PROCESSING DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PUBLIC PROCESSING DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PUBLIC PROCESSING MAKES NO WARRANTY THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PUBLIC PROCESSING MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. PUBLIC PROCESSING EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER USER. 4.3. Interruption of Service. Public Processing is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, bids, auctions, or sales. You understand and acknowledge that the Site and the Services may be unavailable unexpectedly. 4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in locating related information and services. You acknowledge and agree that Public Processing is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, 203 advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that Public Processing endorses the linked site. You use the links at Your own risk. 4.5. Release. If You have a dispute with a Buyer or any other Seller or user of the Site, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will settle all disputes with other users of the Site without our involvement, and We will have no liability whatsoever arising from communications made or transactions effected through the Site. If You are a California resident, You waive California Civil Code A§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 4.6. Indemnity. You agree to indemnify, defend and hold harmless Public Processing from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney's fees, and demands, made or incurred by any third party arising out of Your breach or alleged breach of this Agreement or Your violation or alleged violation of any applicable law or any rights of a third party. 5. PRIVACY We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We view protection of privacy as a very important community principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us. For a complete description of how We use and protect Your personal information, see Public Surplus' Privacy Policy. If You object to Your Information being transferred or used in this way please do not use the Services. 6. TERMINATION OR SUSPENSION Public Processing reserves the right to suspend or terminate Your access to the Site and Services for any reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to the Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that You have engaged in fraudulent activity of any kind in connection with the Site; (c) You manipulate the price of any item or interfere with another user's communications or transactions; (d) We are unable to verify or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability for You, our users or Us. 7. MISCELLANEOUS 7.1. Changes to Site and Services. Public Processing reserves the right, in its sole discretion, to modify, suspend, or terminate any aspect of the Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice. 7.2. Record Keeping. Public Processing cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages You to keep individual records and an accounting of all activity conducted through the Site. 7.3. Notice and Communication. Unless stated otherwise, all notice and communication with You will be provided by e-mail to the e-mail address provided by You in your registration application or via posting on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by Public Processing or the information was posted on the Site. 7.4. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Florida. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of Florida in connection with any dispute or claim involving Public Processing. 204 7.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect. 7.6. Waiver. The failure of Public Processing to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future. 7. 7. Independent Contractor Relationship. The relationship between You and Public Processing is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement. 7.8. Intellectual Property. All inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, blueprints, specifications, computer or intellectual property programs, methods of doing business, data in Public Surplus' databases (including but not limited to databases containing bidders, buyers and other users of the Site and their names and contact information), systems, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the exclusive intellectual property of Public Surplus (the "Public Surplus IP"). In addition, all content contained on the Site is Public Surplus IP that is copyrighted material, and Public Surplus retains and reserves all rights and interests in the content. Public Surplus IP may be created by one or more of Public Surplus' employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title, and interest in any Public Surplus IP will belong to Public Surplus and will be subject to the conditions of this Agreement. You hereby irrevocably assign to Public Surplus all right, title, and interest You may acquire in any Public Surplus IP, whether or not generated from Feedback. Public Surplus may, at its option, file an application for intellectual property protection for Public Surplus IP. If any such Public Surplus IP is created with Your participation or Feedback, You agree to cooperate with Public Surplus to assure that such application(s) will cover, to the best of Your knowledge, all related assets, including all features of commercial interest and importance. Public Surplus IP is the sole and exclusive property of Public Surplus and may not be used, copied, reproduced, modified, published, transmitted, distributed, displayed, or sold, or derivative works created, without the prior written consent of Public Surplus. Furthermore, You may not provide access to, or information from, the Site to any other party without Public Surplus' prior written consent. 7.9. Copyrights. The Site may contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this Agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party. 7.10. Trademarks. The Site and Public Processing' tradenames, domain names and logos found on the Site are trademarks or service marks of Public Processing. No display or use of such marks may be made without the express written permission of Public Processing. 7.11. Assignment. This Agreement may not be assigned by You or by operation of law to any other person, persons, firms or corporations without the express written approval of Public Processing. Any purported assignment in violation of this provision will be void. However, You agree that this Agreement and all incorporated agreements may be assigned and delegated by Public Processing in our sole discretion to any party and will be assigned and delegated automatically in the event of a merger of Public Processing with another party. 7.12. Entire Agreement. This Agreement constitutes the entire agreement between You and Public Processing, and supersedes any previous agreements, whether oral or in writing, between You and Public Processing relating to the subject matter hereof. Public Processing may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to You. 7.13. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of this Agreement. 205 7.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement. 7.15. Oral Statements by Representatives. Any oral statement or representation by any representative of Public Processing changing or supplementing this Agreement or any terms of bidding or sale on the Site, Is unauthorized and ineffective and confers no right on You and may not be relied upon by You. No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on Public Processing unless agreed to, in writing, by Public Processing. SELLER: INDIAN RIVER COUNTY Public Processing, LLC: By: B Peter D. O'Bryan, Chairman St6n tom Joseph A Baird, County Administrator APPRO • TO • RM ' BY: .,t .. -. L SUFFICIENCY: n- eingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Jennifer Hyde Title: Purchasing Manager 1800 27th Street Vero Beach, FL 32960 {772) 226-1575 Facsimile: (772) 770-5140 (CORPORATE SEAL) Address for giving notices: -74 r,Yh , ui 846as 206 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DATE: April 1, 2014 TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher D. Burr, Facilities Manager SUBJECT: Professional Roof Design and Evaluation Consulting Service, RFQ No. 2013049 DEPARTMENTAL DESCRIPTION AND CONDITIONS On June 21, 2013, a Request for Qualifications (RFQ No. 2013049) was advertised on DEMANDSTAR, a nationwide internet-based government bid site. The RFQ is for Professional Roof Design and Evaluation Consulting Service for a variety of future projects that may be authorized by Indian River County. The professional services may include evaluations of existing roof conditions, design solutions for remedial work, design solutions for roof replacement, and preparation of design documents. All submittal packages are on file in the County Purchasing Division. A selection committee comprised of the Facilities Manager, Public Works Director, and County Engineer independently reviewed the thirteen (13) qualified submittal packages and short-listed five (5) firms for interviews in accordance with FS 287.005 and the County Purchasing Manual. The result was that the top two firms Jay Ammon Architect, Inc. and REI Engineers, Inc. were chosen. On December 10, 2013 the board approved the Public Works Department to enter into contract negotiations with the selected firms. FUNDING Although no money is directly allocated for these services, funds are available in the Facilities Management Other Contract Services Account #00122019-033490 to cover such as needed expenditures. After approval and execution of contracts, tasks will be presented to the Board prior to commencement as individual work orders. If necessary, the use of other funds from any other accounts will be requested at that time. RECOMMENDATION After negations with the selected firms staff recommends authorization from the Board of County Commissioners to agree to the attached Contracts with Jay Ammon Architect, Inc. and REI Engineers, Inc., after Risk Management has approved their required certificates of insurance. ATTACHMENTS 1. Signed Contract for Jay Ammon Architect, Inc. — Exhibit A 2. Signed Contract for REI Engineers, Inc.- Exhibit B F:\Public Works\Luanne M\Facilities Management\Admin Complex Re-Roof\FINAL Professional Roof Design and evaluation RFQ Selection BCC agenda memo 4-1-14.docx 207 PAGE TWO Agenda Item: Professional Roof Design and Evaluation Consulting Service, RFQ No. 2013049 April 1, 2014 APPROVED AGENDA ITEM ih FOR: Aprip;i014 BY: Indian River County 1 ved Date Administration Li/VPAle County Attorney ti/kir i 11 Budget ki .3---- 11 , q114 Purchasing 41 11 I lf-.. p' Public Works 3 ® ' -1.q Facilities Management <, 09j /7 /Y. C:\Users\cburr\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\RDU24SHF\FINAL 208 E 0, CONTINUING CONTRACT AGREEMENT For PROFESSIONAL SERVICES THIS CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Agreement or "Master Agreement"), entered into as of this 8th day of April, 2014 by and between INDIAN RIVER COUNTY, a political subdivisio the State of Florida, ("COUNTY"), and Jay Ammon Architect, Inc., ("Consultant"). n of BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected Consultant to provide certain professional services relating to architectural roof design and evaluation consulting services ("Services") as more fully set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference in connection with various roofinges on COUNTY owned and operated facilities ("Project").p B. The Consultant is willing and able to COUNTY on the terms and conditions set forth below; and perform the Services for the C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or anycombination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term 'Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the 1 209 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice to Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference. 1.6 It is the intent of the County to enter into Agreements with multiple qualified engineering firms. No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that Consultant will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2 C:1Users\ilikiW.ppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 210 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and shall remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY'S agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY'S policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse 3 C:1Users\Iliki\AppDatalLocaRMicrosoft\Windows\Temporary Internet Files \Content.0utlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 211 weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary project design, construction phase services, and other Services in connectionwithringthe assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY'S requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 4 CAUsers111iki44ppDatalocal\Microsoft\Windows\Temporary Internet Files\Content.outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 212 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 5 C:\Users\Iliki\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 213 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of three (3) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of three (3) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the County. The Consultant shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. Order. 4.2 The time for completion of each Project shall be defined in the Work 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for Consultant's personnel subject to the limitations of Section 112.061, Florida Statutes, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a Consultant arrives from outside of Indian River County, and where a Consultant maintains an office in Indian River County. 6 C:\Users\Iliki\AppData\Locallvlicrosoft\Windows\Temporary Internet Files\Content.0utlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 214 5.1.2 The COUNTY shall make direct payment paid to regulatory agencies for approvals directly attributable to the Services nderees the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess compensation of Consultant for such suspended Servi es of may six (6 be monthssubject the modification. The period during which the Services are stopped to be added to the time of performance of this Agreement. by the COUNTY shall 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 7.2 Consultant shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 7 C:\Users\llikilAppDatalocal\Microsoft\Windowsgemporary Internet Files\Content.0utlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 215 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 for bodily injury and property damage for owned and non -owned vehicles. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by Consultant with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 Consultant's insurance coverage shall be primary. 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 -MI or better. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days 8 C:\Users\Iliki\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 216 of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work completed as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 9 C:\Users\IlikilAppData\Local\Microsoft\Windows\Temporary Internet Files\Content. Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 217 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other rights it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or 10 C:\Users\Iliki\AppData\Local\MicrosoftlWindows\Temporary Internet Files\Content. Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 218 written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated the Board of County Commissioners of Indian River Co nty.for its purpose by 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial 11 C.\Users\IlikkAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\OBZGW4N4\General Roof Contract Agreement Jay Ammon.doc 219 overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Consultant: Indian River County Attn: 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Jay Ammon Architect, Inc. Attn: Jay Ammon 3246 Lakeview Oaks Dr. Longwood, FL 32779 Facsimile: (407) 333-4686 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.13 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 12 J:\CLIENTS\Indian River County\Phase 0 - Project ManagementlAgreement\General Roof Contract Agreement Jay Ammon.doc 220 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: Jay Ammon Architect, Inc. INDIAN RIVER COUNTY By its Board of County Commissioners By Pri Title: resident Date: Fe b_,�1 g 2014 By Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeff Smith, Clerk By Deputy Clerk Approved: • seph '� . Baird • ounty Administrator Approved as to form and suffi iency: ..0-si" Dylan Reingold County Attorney 13 J.\CLIENTS\Indian River County\Phase 0 - Project Management\Agreement\General Roof Contract Agreement Jay Ammon.doc 221 Exhibit 1 Services to Be Provided The selected firm shall perform, as needed, roof consulting services on basis, relating to various roofing types on County owned and operated may include evaluations of existing roof conditions, design of solutionsa continuing services solutions for roof rations o replacement and preparation of s,ddesign d facilities. The work,serydes work closely with one or more and pr Departments in d for remedial m design Countydocuments. The selected firm may various facilities. The selected firm will generally be expected to complete the following: g • Review of original existing roof conditions and designs • Evaluate and Develop solutions for remedial work or replacement • Provide design documents and assist in competitive biddin • Contract Administration services and inspections g project In addition to the foregoing, the consultant may be requested to provide professional consulting services in the following areas: Capital improvement projects Miscellaneous general Architectural projects Exterior envelope and waterproofing projects Cost Analysis projects 14 Agreement Jay Internet Files \Content.OutlooklOBZGW4N41General Roof Agreement Jay Ammon.doc Contract 222 Exhibit 2 IIIM JAY AMMON ARCHITECT, INC. LICENSE NO. AA C002098 2014 RATE SCHEDULE PERSONNEL RATES: Principal Architect: Project Architect: $196.00 / hr Project Manager: $138.00 / hr Thermographer: $116.00 / hr Field Technician: $112.00 /hr CAD Technician: $96.00 / hr Construction Observer: $82.00 / hr Secretary: $75.00 / hr $48.00 / hr EXPERT WITNESS RATES: Principal Architect: Travel and Research Principal Architect: Depositions and Trial Testimony REIMBURSABLE RATES: Mileage: $0.55/mile Sub -consultants: Cost plus 10% All other Expenses: Cost The above fees are valid through December 31, 2014. $196.00 / hr $350.00 / hr 15 J:ICLIENTSIIndian River County\Phase 0 - Project Management\Agreement\General Roof Contract Agreement Jay Ammon.d oc 223 CONTINUING CONTRACT AGREEMENT For PROFESSIONAL SERVICES THIS CONTINUING CONTRACT AGREEMENT for PROFESSIONAL SERVICES ("Agreement or "Master Agreement"), entered into as of this 18th day of April, 2014 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, ("COUNTY"), and REI Engineers, Inc., ("Consultant"). BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the COUNTY has selected Consultant to provide certain professional services relating to architectural roof design and evaluation consulting services ("Services") as more fully set forth in Exhibit 1 attached to this Agreement and made a part hereof by this reference in connection with various roofing types on COUNTY owned and operated facilities ("Project"). B. The Consultant is willing and able to perform the Services for the COUNTY on the terms and conditions set forth below; and C. The COUNTY and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 All professional services provided by the Consultant for the COUNTY shall be identified in Work Orders and performed in a timely, efficient, cost effective manner, and in accordance with the current professional standards of the applicable discipline. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum maximum amount not to exceed task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the Consultant; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the 1 224 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the Consultant by which the COUNTY accepts Consultant's proposal for specific services and Consultant indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice to Proceed. 1.3 Services related to any individual Work Order which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Order shall be Services for which the Consultant must obtain the prior written approval of the COUNTY as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order, and when properly authorized and executed by both the Consultant and the COUNTY shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A separate Notice to Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice to Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 2 attached to this Agreement and made a part hereof by this reference. 1.6 It is the intent of the County to enter into Agreements with multiple qualified engineering firms. No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that Consultant will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS. 2.1 The COUNTY will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The Consultant shall satisfy itself as to accuracy of any data provided. The Consultant is responsible for bringing to the COUNTY's attention, for the COUNTY's resolution, material inconsistencies or errors in such data that come to the Consultant's attention. 2 C:\Users\scott.hinesley\AppDatalocal\Microsoft\Windows\INetCache\Content.outlook\Q44B7HX0\General Roof Contract Agreement REI.doc 225 2.2 The COUNTY shall arrange for access to, and make provisions for the Consultant to enter upon public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and shall remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the COUNTY's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The COUNTY shall give prompt written notice to the Consultant whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse 3 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HXO\General Roof Contract Agreement REI.doc 226 weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary professional engineering, project design, construction phase services, and other Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The Consultant will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the Consultant shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The Consultant agrees to complete the Project within the time frame specified in the Work Order. 3.4 The Consultant will maintain an adequate staff of qualified personnel. 3.5 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.7 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The Consultant will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. 4 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\Q44B7HX0\General Roof Contract Agreement REI.doc 227 3.9 The Consultant will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The Consultant will cooperate and coordinate with other COUNTY consultants, as directed by the COUNTY. 3.11 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the Consultant for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Project Manager. 3.13 The Consultant will confer with the COUNTY during the further development of improvements for which the Consultant has provided design or other services, and the Consultant will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the Consultant of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the Consultant. 3.14 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the Consultant shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 5 CAUsers\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\Q44B7HX0\General Roof Contract Agreement REI.doc )712 3.16 All documents, including but not limited to drawings and specifications, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 4. TERM; TIME FOR COMPLETION. 4.1 This Agreement shall remain in effect for a term of three (3) years ("Initial Term"), unless otherwise sooner terminated as provided herein. The Initial Term may be extended by the COUNTY for a maximum of three (3) years ("Extension Term"). The decision to exercise an extension option for the Extension Term shall be at the sole discretion of the County. The Consultant shall be notified in writing of the intent to extend the Agreement at least ninety (90) days before the expiration of this Agreement. The Extension Term, if any, is subject to sooner termination in accordance with the terms of this Agreement. 4.2 The time for completion of each Project shall be defined in the Work Order. 5. COMPENSATION. 5.1 The COUNTY shall pay to the Consultant a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, in triplicate, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for Consultant's personnel subject to the limitations of Section 112.061, Florida Statutes, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the Consultant acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a Consultant arrives from outside of Indian River County, and where a Consultant maintains an office in Indian River County. 6 CALIsers\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.outlook\Q44B7HX0\General Roof Contract Agreement REL.doc 77.4 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the Consultant of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the Consultant shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a sub -consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 7.2 Consultant shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the Consultant's fee: 7 CAUsers\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\Q44B7HX0\General Roof Contract Agreement REI.doc 110 7.2.1 Workers' Compensation: Workers' Compensation as required by the State of Florida. Employers' Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. 7.2.2 General Liability: commercial general liability coverage, including contractual liability and independent contractor, with a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 7.2.3 Business Automobile Liability: owned, hired, and non -owned vehicles at a minimum combined single limit of $100,000 per occurrence and personal injury coverage of $50,000 for bodily injury and property damage for owned and non -owned vehicles. 7.2.4 Professional Liability Insurance: providing coverage for negligent acts, errors, or omissions committed by Consultant with a limit of $1,000,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use, and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 7.3 Consultant's insurance coverage shall be primary. 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. 7.5 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.6 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 7.7 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 7.8 Consultant shall include all sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub -consultant. All coverages for sub -consultants shall be subject to all of the requirements stated herein. 7.9 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the Consultant with separate written notice of such adjusted limits and Consultant shall comply within thirty (30) days 8 C:\Users\scott.hinesleyWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HX0\General Roof Contract Agreement REI.doc 121 of receipt thereof. The failure by Consultant to provide such additional coverage shall constitute a default by Consultant and shall be grounds for termination of this Agreement by the COUNTY. 7.10 The Consultant shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the Consultant shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the Consultant, or the percentage of work completed as estimated by the Consultant and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the COUNTY in connection with this Agreement. 8.6 The COUNTY may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 9 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HXO\General Roof Contract Agreement REL.doc 717 8.7 The COUNTY may terminate this Agreement in whole or in part if the Consultant submits a false invoice to the COUNTY. 9. TRUTH -IN -NEGOTIATION CERTIFICATE; CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the Consultant's most favored customer for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside consultants. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit Consultant's records under this provision. The COUNTY does not hereby waive any other rights it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or 10 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HX0\General Roof Contract Agreement REI.doc written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 10.8 Public Records. The Consultant shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement. 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial 11 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HXO\General Roof Contract Agreement REI.doc /2d overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Consultant: Indian River County Attn: 1801 27th Street Vero Beach, FL 32960-3365 Facsimile: (772) 770-5143 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.13 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the COUNTY's sovereign immunity. 12 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HX0\General Roof Contract Agreement REI.doc 235 IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: (insert name) 1E Efr, Printed name: S Title: i ��-t Date��-- 13 INDIAN RIVER COUNTY By its Board of County Commissioners By Peter D. O'Bryan, Chairman Date Approved by BCC: Attest: Jeff Smith, Clerk By Deputy Clerk Approved: • Ilk 0 1111 oseph 'A. Baird County Administrator Approved as to form and legal suffi i Dylan Reingold County Attorney C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HXO\General Roof Contract Agreement REI.doc 236 Exhibit 1 Services to Be Provided The selected firm shall perform, as needed, roof consulting services on a continuing services basis, relating to various roofing types on County owned and operated facilities. The services may include evaluations of existing roof conditions, design of solutions for remedial work, design solutions for roof replacement and preparation of design documents. The selected firm may work closely with one or more County Departments in various facilities. The selected firm will generally be expected to complete the following: • Review of original existing roof conditions and designs • Evaluate and Develop solutions for remedial work or replacement • Provide design documents and assist in competitive bidding project • Contract Administration services and inspections In addition to the foregoing, the consultant may be requested to provide professional consulting services in the following areas: Capital improvement projects Miscellaneous general Architectural projects Exterior envelope and waterproofing projects Cost Analysis projects 14 C:\Users\scott.hinesley\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q44B7HXO\General Roof Contract Agreement REI.doc 237 Exhibit 2 REI ENGINEERS 2014 Standard Fee Schedule A. PERSONNEL AND EQUIPMENT CHARGES 1. Personnel Charges* a. Professional Engineer/Registered Consultant $155.00/hr. b. Project Manager $115.00/hr. c. Technician $70.00/hr. d. Draftsman (includes AutoCAD time) $55.00/hr. e. Clerical $45.00/hr. * Depositions and court at time and one-half. Time over 40hrs./wk. & Saturdays at time and one-half. Sundays & Holidays at double time. Minimum technician charge for site visits is four hours. 2. Miscellaneous Charges a. Mileage $0.60/mile b. Per Diem $90.00/day c. Expenses Cost _ 0.8 B. FIELD TESTING $ 40.00/ea 1. Roof Cores $ 50.00/ea 2. Asbestos Testing 3. Factory Mutual 1-52 Negative Pressure Test Refer to Testing Fee Schedule** Refer to Testing Fee Schedule** 4. Infrared Moisture Survey 5. Roof Condition Survey Refer to Testing Fee Schedule** ** Provided upon request. C. CONTRACT DOCUMENTS 1. Lump sum, percentage e or not -to -exceed As quoted D. GENERAL 1. Project specific work will be performed as quoted. 23g ROOFE-3 OP ID: LW M R' Cs CERTIFICATE OF LIABILITY INSURANCE ll`,------- DATE(MMIDDIYYYY) 03/03/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 919-556-3698 Hartsfield & Nash Fax: 919-556-8758 P.O. Box 1109 Wake Forest, NC 27588 Lorie Borrelli, CIC, AAI CONTACT Lorie Borrelli CIC, AAI NAME: PHONE 919-556-3698 FAX (AIC, No. Ext): (AIC, No): E-MAIL Lorie@Hartsfield-Nash.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Cincinnati Insurance Companies 10677 INSURED REI Engineers REI Consulting Inc 8001 Creedmoor Rd Ste 107 Raleigh, NC 27613-4396 INSURER B:The Travelers Insurance Co. 36170 INSURER C : Endurance American Specialty 41718 INSURER D : $ 1,000,000 INSURER E : $ 100,000 INSURER F : $ 10,000 • REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MMIDDIYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X ENP0196990 06/01/2013 06/01/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE X OCCUR PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 GENII AGGREGATE —1 POLICY X LIMIT APPLIES TB, PER: LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ X SCHEDULED AUTOS NONr/NED AUTOS X EBA0196990 06/01/2013 0610112014 COMBINED SINGLE LIMIT (Ea accident) _$ 1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ dentDAMAGE (Per PROPERTY $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X ENP0196990 06/01/2013 06/01/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) H yes, describe under DESCRIPTION OF OPERATIONS below N / A XFUB-9886Y794 06/01/2013 06/01/2014 X WC STATU- TORY LIMITS OTI-t- ER E.L. EACH ACCIDENT $ 1,000,000 E.L DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000, 000 C Professional Liab PPL10002229400 06/01/2013 06/01/2014 Per Occ 3,000,000 Agg 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate Holder is added as Additional Insured with regard to contract with the insured. 30 day notice of cancellation except for non-payment which is 10 days notice. CERTIFICATE HOLDER CANCELLATION INDIANI Indian River County Florida County Risk Manager 1801 27th St Vero Beach, FL 32960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 239 County Attorney's Agenda - B.C.C. 4.15.14 Office of INDIAN RIVER COUNTY ATTORNEY 1 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: April 9, 2014 SUBJECT: Public Education Facilities Impact Fee Interlocal Agreement On April 8th, the Board of County Commissioners requested that the County Attorney's Office research Indian River County's (the "County") responsibility with respect to the collection of the public education facilities impact fee (the "impact fee"). Under the Interlocal Agreement Between Indian River County, Florida and the School Board of Indian River County, Florida Relating to Public Education Facilities Impact Fees (the "Interlocal Agreement"), when the County collects the public education facilities impact fee, the County maintains the impact fee in a "segregated, account, earmarked solely for Public Education Facilities Impact Fees." By the twentieth working day of each month, the County transfers to the School Board all of the impact fees that were collected in the preceding month, less the amount retained for administrative charges. Upon transfer of the impact fees, the County provides a report to the School Board which includes 1) the number and general location of residential building permits issued by unit type; 2) the amount of impact fees collected by unit type; 3) the number and amount of impact fee refunds; and 4) any other information necessary for the accounting and expenditure of the impact fee funds. These tasks are being handled by Finance, Budget, and Community Development staff Approved for April 15, 2014 BCC Meeting County Attorney's Agenda COUNTY ATTORNEY F.. AttorneyltnddtGENERALIB C CtAgenda MemoslSchoof Board Impact Fee ILA_doc 240 Indian River Co. Ap ;i ved Date Admin. f" 1J/j0 Co. Atty. /4T i, Budget Department y /�% Risk Management -- -' — 240 Board of County Commissioners April 9, 2014 Page Two Once the School Board receives the impact fee funds, the School Board is required to maintain the impact fee funds in a segregated, interest-bearing account, until such time as the funds are expended. It is the responsibility of the School Board to expend the impact fees for the acquisition or expansion of those facilities that result in a substantial benefit to new development. The County has the responsibility to review applications for refunds. Upon request of the County, the School Board will return the impact fee funds, including any accrued interest, to the County that are not appropriated or expended within the timeframes set forth in the Indian River County Impact Fee Ordinance (the "Ordinance). Upon the return of the impact fee funds, the County is required to refund the impact fee funds to the fee payor or property owner in the manner proscribed in the Ordinance. All refund requests are handled by Community Development staff. The Interlocal Agreement also requires the County Administrator to review the expenditures of the impact fee funds proposed by the School Board in its annual five-year facility plan. This review is typically conducted during the County's annual update of the Capital Improvements Element of the Comprehensive Plan. Although the County in the Interlocal Agreement does more than merely forward the impact fee funds that the County collects to the School Board, the purpose as described in the Interlocal Agreement is to make sure that the impact fee funds once collected by the County and the cities, "are properly earmarked and transferred to the School Board for expenditure in accordance with the Ordinance." Additionally, the School Board in the Interlocal Agreement indemnifies, defends and holds harmless the County for any claims or lawsuits "connected with the calculation, assessment, collection, expenditure, or other matter related to" the impact fee unless caused by the "sole negligence, or the willful, reckless, or illegal conduct" of the County. DR:LAC F IAuornrylLindoiGE.NERALIB C C' 4genda MemoelSchool Board lmpaat Fee /LA.doc 241 Interlocal Agreement Between the County and School. Board Related,to Impact Fees INDIAN RIVER COUNTY, FLORIDA INTERLOCAL AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE SCHOOL BOARD OF INDIAN RIVER COUNTY, FLORIDA RELATING TO PUBLIC EDUCATION FACILITIES IMPACT FEES THIS AGREEMENT, entered into this 28 day of April , 2005, between Indian River County, Florida, a political subdivision of the State of Florida (the "County"), and the School Board of Indian River County, Florida, a body corporate existing under the laws of the State of Florida (the "School Board"), provides for the transfer from the County to the School Board of Public Education Impact Fee funds collected by the County from new development in the County and its municipalities, and for the expenditure of Public Education Facilities Impact Fee funds by the School Board in accordance with County Ordinance. WITNESSETH: WHEREAS, the County proposes to adopt the Indian River County Impact Fee Ordinance (the "Ordinance"), which would impose, inter alia, Public Education Facilities Impact Fees on new development in order to accommodate the fiscal impacts of new development on Public Education Facilities; and WHEREAS, the Ordinance requires an interlocal agreement between the County and the School Board; and WHEREAS, the School Board has developed a five-year facility plan, which includes capital projects for Public Education Facilities eligible to be funded, in full or in part, with Public Education Facilities Impact Fee funds and which identifies the Public Education Facilities needed to meet the projected demand for such facilities created by new growth and development throughout the County, including within the incorporated municipalities in the County; and WHEREAS, the County is authorized, pursuant to the powers conferred upon it through, inter alia, Article VIII of the Florida Constitution and Chapters 125 and 163, Florida Statutes, to adopt proportionate share impact fees in order to offset the cost of providing capital facilities, the need for which is generated by new development and the benefits of which will accrue to new development; and WHEREAS, the County . has prepared a Public Education Facilities Impact Fee calculation methodology, which is set forth in a report for Public Education Facilities Impact Fees (the "Methodology Report"), and which ensures that Public Education Facilities Impact Fees comply with applicable legal principles, including, but not limited to, the proportionate share/rational nexus standard as required by impact fee case law; and WHEREAS, the School Board concurs with the County's methodology and calculation of Public Education Facilities Impact Fees imposed by the Ordinance, as set forth and adopted in the Methodology Report, and that the Public Education Facilities Impact Fees imposed by the Ordinance are reasonable and proportionate to the impact of new development on Public Education Facilities; and WHEREAS, the School Board system is a countywide system that serves the unincorporated County as well as the incorporated municipalities within the County; and Page 1 of 8 April 28, 2005 242 Interlocal Agreement Between the County and School Board Related to Impact INDIAN RIVER COUNTY, FLORID 1<, WHEREAS, Section 1013.36, Florida Statutes, requires school boards and local governing bodies to coordinate school site planning with the comprehensive plan; and WHEREAS, Section 1013.33, Florida Statutes, requires the coordination of planning between school boards and local governing bodies to ensure that plans for the construction and opening of public education facilities are facilitated and coordinated in time and place with plans for residential development; and WHEREAS, the School Board has requested the County Commission to adopt a Public Education Facilities Impact Fee to be paid by new development and to be earmarked for the construction of Public Education Facilities necessitated by new development; and WHEREAS, Chapter 125, Florida Statutes, County Government, subsection 125.01(1)(p), authorizes counties to enter into agreements with other governmental agencies; and WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part. I, Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of 1969," subsection 163.01 (4), provides that public agencies of the State of Florida may exercise jointly with any other public agency of the State of Florida any power, privilege, or authority which such agencies share in common, and which each might exercise separately; and WHEREAS, Chapter 163, Florida Statutes, Intergovernmental Programs, Part 1, Miscellaneous Programs, Section 163.01, the "Florida Interlocal Cooperation Act of 1969," subsection 163.01(5), provides that a joint exercise of power by such public agencies may be made by contract in the form of an interlocal agreement; and WHEREAS, the County and the School Board are "public agencies" within the meaning of Chapter 163, Florida Statutes, Intergovernmental Programs, Part I, Section 163.01, the "Florida Interlocal Cooperation Act of 1969." NOW, THEREFORE, in consideration of the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the County and School Board agree as follows: SECTION 1. RECITALS INCORPORATED. The above recitals are true and correct and are incorporated herein. SECTION 2. TITLE. This Interlocal Agreement between the County and School Board is referred to herein as the "Agreement." SECTION 3. PURPOSE. The purpose of this Agreement is to ensure that Public Education Facilities Impact Fees necessary for the adequate provision of Public Education Facilities, once collected by the County and the incorporated municipalities in the County, are properly earmarked and transferred to the School Board for expenditure in accordance with the Ordinance and applicable laws. Page 2 of 8 243 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 4. DEFINITIONS. For the purposes of this Agreement, the following terms are defined as indicated below: County Administrator means the Indian River County Administrator or the County Administrator's designee. Indian River County Impact Fee Ordinance means the Ordinance approved by the County Commission in May of 2005, including all amendments thereto subsequently adopted in the manner prescribed in this Agreement. Methodology Report means a report, and all amendments thereto, approved by the County Commission, prepared in support of the Public Education Facilities Impact Fees established and imposed by the Ordinance. Public Education Facilities means capacity -producing land, buildings, capital improvements, and equipment necessary for the School Board's provision of public educational services to new development. Public Education Facilities Impact Fee means an impact fee assessed by the County or an incorporated municipality pursuant to the Ordinance and transferred to the School Board to offset in part the costs of providing Public Education Facilities necessary to serve new development within the County and its municipalities. SECTION 5. RESPONSIBILITIES OF THE SCHOOL BOARD. (a) The School Board will establish a segregated, interest-bearing account, into which all Public Education Facilities Impact Fee funds transferred by the County, pursuant to this Agreement, will be maintained until such time as they are expended on Public Education Facilities consistent with the Ordinance and the terms of this Agreement. (b) The School Board will expend Public Education Facilities Impact Fee funds for the acquisition or expansion of only those Public Education Facilities that result in a substantial benefit to new development that has paid the Public Education Facilities Impact Fee as provided for in the Ordinance and by law. (c) The School Board will, upon request by the County, return all Public Education Facilities Impact Fee funds, including accrued interest, to the County that are not appropriated or expended within the timeframes set forth in the Ordinance. (d) The School Board will maintain complete and comprehensive records of all Public Education Facilities Impact Fee funds received from the County and the Public Education Facilities on which the School Board expends the funds. (e) The School Board will, by October 1st of each year, present to the County Administrator the most recently adopted five-year facility plan, which will indicate the specific Public Education Facilities on which the School Board proposes to expend Public Education Facilities Impact Fee funds, in full or in part, over the subsequent five year period, beginning on the first day of the coming fiscal year. With respect to each proposed Public Education Facility, the School Board will specify in the five-year facility plan or in attached documentation: Page 3 of 8 244 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA (1) the cost and manner of financing; (2) the location; (3) the area and student population to be served; (4) other sources of financing to be used; and (5) any other information deemed relevant to the County's determination of the proposed expenditure's compliance with the Ordinance and applicable law. (f) The School Board will, by October 1st of each year, present to the County Administrator a list of all expenditures or encumbrances of Public Education Facilities Impact Fee funds during the previous calendar year. The list will describe the nature of the Public Education Facility upon which funds were expended or encumbered and the amount. (g) The School Board will appoint staff to oversee the School Board's compliance with the terms of the Ordinance and this Agreement, including, as appropriate, participation in conferences with County staff and developers to ensure compliance with the terms of the Ordinance, including credit applications, refunds for failure to expend Public Education Facilities Impact Fee funds within required timeframes, independent fee calculation studies, appeals, and all other provisions of the Ordinance. (h) Within thirty (30) days of receipt of the monthly report submitted by the County, as described in subsection 6(0 of this Agreement, the School Board will reimburse the County for any refunds the County gives an applicant for revoked, expired, or withdrawn building permits, pursuant to the terms of the Ordinance. SECTION 6. RESPONSIBILITIES OF THE COUNTY. (a) The County will maintain all Public Education Facilities Impact Fee funds, including an administrative charge equal to three percent (3%) of the total Impact Fees due for each application, collected by the County or a municipality in a segregated, account, earmarked solely for Public Education Facilities Impact Fees collected pursuant to the Ordinance. (b) The County will review all applications for Public Education Facilities Impact Fee credits, refunds for failure to expend funds within the timeframes set forth in the Ordinance, independent fee calculation studies, exemptions, and appealsand, in accordance with the provisions of the Ordinance, will coordinate with the School Board on any such application. (c) Within thirty (30) days of receiving the five-year facility plan, as described in subsection 5(e) of this Agreement, the County Administrator or his designee will review the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board and will issue an opinion as to whether the proposed expenditures are consistent with the Ordinance and applicable law. If the County Administrator or his designee determines that an expenditure of Public Education Facilities Impact Fee funds proposed by the School Board is inconsistent with the Ordinance or applicable law, the County Administrator or his designee will coordinate with the designated staff of the School Board to resolve the inconsistency. Page 4 of 8 245 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIPER COUNTY1 FORIDA • . (d) . • The County may. recommend Public. Education Facilities necessitated by.new development for inclusion in the five-year facility plan, which facilities are consistent with the County's Comprehensive Plan. (e) By the twentieth working day of each month, following the County Administrator's annual detergiination that the expenditures of Public Education Facilities Impact Fee funds proposed by the School Board are consistent with the Ordinance and applicable law, the County will transfer to the School Board all Public Education Facilities Impact Fee funds collected in the preceding calendar month. The County will retain all administrative charges assessed. (f) At.the time of each monthly transfer, the County will provide a report to the School Board indicating: (1) the number and general location of residential building permits issued by type of unit; (2) the amount of Public Education Facilities Impact Fees collected by residential unit type; (3) the number and amount of any refunds made by the County for revoked, expired, or withdrawn building permits; and (4) any other information agreed to by the parties to be necessary for the proper accounting and expenditure of Public Education Facilities Impact Fee funds. (g) Upon the return of Public Education Facilities Impact Fee funds by the School Board for failure to appropriate or expend such funds within the required timeframes set forth in the Ordinance, the County will refund such fees to the fee payor or property owner pursuant to the provisions of the Ordinance. (h) The County will provide thirty (30) days notice to the School Board prior to any amendment to the Ordinance, including any change to the amount of the Public Education Facilities Impact Fee. During this period, the School Board may provide comments and input regarding the proposed amendment. The County's notice to the School Board will describe the nature of the proposed amendment and will include any staff reports or Methodology Reports prepared in support of the amendment. Amendments to the Ordinance that are made subsequent to the execution of this Agreement, including changes to the amount of the Impact Fee assessed for School Facilities, shall be binding and shall not affect the -obligations or duties imposed by this Agreement upon the parties, unless, the School Board terminates the interlocal agreement pursuant to subsection 8(b). The County will cooperate with the School District at the end of the first year of the Ordinance to recalculate the public education's facility impact fee. (i) County staff will cooperate with and provide guidance to the School Board in the administration of the Ordinance, the expenditure of Public Education Facilities Impact Fee funds, and the development of the School Board's five-year facility plan, consistent with the Ordinance, applicable laws, and the terms of this Agreement. SECTION 7. INDEMNIFICATION. To the extent allowed by law, without waiving sovereign immunity, the School Board will indemnify, defend, and hold harmless the County andits officers, agents, and employees from and against all liability, claims, suits, costs, and attorney fees in any manner resulting Page sof8 1.416 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA from, arising out of, or in any way connected with the calculation, assessment, collection, expenditure, or other matter related to the Public Education Facilities Impact Fee or the Ordinance as it relates to the Public Education Facilities Impact Fee, unless caused by the sole negligence, or the willful, reckless, or illegal conduct of the County or its officers, agents, or employees. SECTION 8. DURATION, TERMINATION, AND MODIFICATION. (a) This Agreement will remain in full force and effect unless terminated by the parties pursuant to the procedure set forth in subsection 8(b). (b) This Agreement may be terminated by the County or School Board upon ninety (90) days notice to the other party. In the event of termination, the County will remit to the School Board all Public Education Facilities Impact Fee funds collected prior to the termination date. The School Board will expend such funds only in accordance with the provisions of the Ordinance. (c) This Agreement may be modified at any time by the mutual consent of the parties and in the same manner as its original adoption. SECTION 9. NOTICE. (a) Unless specified by a party in writing otherwise, all notices, demands, or other papers required to be given or made by this Agreement, or which may be given or made, by either party to the other, will be given or made in writing and addressed as follows: If to the County: County Administrator, Indian River County 1840 25th Street Vero Beach, Florida 32960 If to the School Board: Superintendent, Indian River County School District 1990 25th Street Vero Beach, Florida 32960 (b) The parties will consider notice to be properly given if (1) personally delivered; (2) sent by certified U.S. Mail, return receipt requested; or (3) sent by an overnight letter delivery company. (c) The parties will consider the effective date of notice to be the date personally delivered; or, if sent by U.S. Mail, the date of postmark; or, if sent by an overnight letter delivery company, the date the notice was picked up by the overnight letter delivery company from the party giving notice. SECTION 10. GOVERNING LAW. This. Agreement, and its interpretation and performance, shall be governed and construed by the applicable laws of the State of Florida. Page 6 of 8 147 Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA SECTION 11. FURTHER ASSURANCES. The County and School Board will perform the provisions of this Agreement in good faith and will take no actions in conflict with the terms or intent of this Agreement. The County and School Board in good faith will take all actions necessary to implement the terms and purpose of this Agreement. SECTION 12. CONFLICT. To the extent of any conflict between this Agreement and any existing agreement between the County and School Board, this Agreement will be deemed to be controlling. This Agreement is not intended to amend or repeal any existing County ordinance. SECTION 13. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such section, subsection, sentence, clause, phrase or portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Agreement. SECTION 14. EFFECTIVE DATE. This Agreement will become effective upon its filing with the Clerk of the Circuit Court of Indian River County, Florida, as required by Section 163.01(11), Florida Statutes. APPROVED this 17th day of May , 2005. ATTEST: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Thomas S. Lowther, Chairperson MAY 1 8 2005 Jeffrey K. Barton Date Clerk to the Board of County Commissioners Page7of8 24R Interlocal Agreement Between the County and School Board Related to Impact Fees INDIAN RIVER COUNTY, FLORIDA REVIEWED AND APPROVED AS TO FORM: 4t ,; William G. Collins, County Attorney .Date APPROVED this 26th day of April_ , 2005. By: SCHOOL BOARD OF INDIAN RIVER COUNTY William D. Hughes, Ch Liiaca/0.5— Date Signed Page 8 of 8 Apri[ 28, 2005 249 EMERGENCY ITEM April 15, 2014 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 11, 2014 SUBJECT: Ordinance Amendment FROM: Wesley S. Davis Commissioner, District 1 I kindly request your consideration for direction to be given to staff to amend an ordinance to address a problem Dr. Deepi Sadhwani is facing concerning redevelopment and expansion of her wellness center in Wabasso. WSD:mlp ayfq . 4. ( . BRUCE D. BARYCETT USA THOMPSON BARNES 5,11 CALVIN B. BROWN GEORGE G. COLLINS, JR. 2 JANET CARNEY CROOM 1.3,9 MICHAEL J. GARAVAGLIA RONALD KEITH LAWN 4.9 NICHOLAS L. BRUCE fO AARON V. JOHNSON C. DOUGLAS VTTUNAC WILLIAM W. CALDWELL. OF COUNSEL STEVEN L. HENDERSON. OF COUNSEL 2 HAND DELIVERY Peter D. O'Bryan Chairman Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Collins, Brown, Caldwell, Barlett, Garavaglia & Lawn CHARTERED ATTORNEYS AT LAW 756 BEACHLAND BOULEVARD, VERO BEACH, FLORIDA 32963 POST OFFICE BOX 3686, VERO BEACH, FL 32964-3686 TELEPHONE: 772-231-4343 FACSIMILE: 775.234-5213 EMAIL: CBC@VEROLAW.COM • WEBSITE: WWW.VEROLAW.COM April 11, 2014 RE: Request for ordinance amendment Dear Chairman O'Bryan: 1 BOARD CERTIFIED CONSTRUCTION LAW 2 BOARD CERTIFIED REAL ESTATE 3 BOARD CERTIFIED BUSINESS LIIIGATON 4 MASTER OF LAWS TAXATION S MASTER OF LAWS REAL. PROPERTY DEVELOPMENT 6 MASTER OF LAWS ESTATE PLANNING AND ELDER LAW 7 CERTIFIED CIRCUIT MEDIATOR 8 ALSO ADMITTED IN AR 9 ALSO ADMITTED IN DC AND SC 10 AL50 ADMITTED IN GA 11 ALSO ADMITTED IN THE COMMONWEALTH OF THE BAHAMAS Dr. Deepti Sadhwani purchased a former convenience store site located at the northwest corner of US 1 and 87th Street, as shown on the attached photograph. Dr. Sadhwani revitalized this corner property by refurbishing and remodeling the facilities, with a redesign of the site plan, new landscaping, and a change of use to a highly successful wellness center which has been a great enhancement to the area. As you can see from the photograph, the site is bordered on the east by US 1, on the south by 87th Street, and on the west by 501 Avenue. Although 50th Avenue is only a thirty foot right-of-way and functions more like an alley than a true road, according to the County Land Development Regulations, it is considered a street creating frontage for Dr. Sadhwani's building, and therefore it requires a twenty five foot front yard setback. In fact, Dr. Sadhwani's property is inflicted with three "front" yards, which one would think is a geometric impossibility. As a result of the LDR's treatment of 50th Street, Dr. Sadhwani is not able to expand the wellness center to the north unless she modifies her building to meet a twenty five foot setback (the current building only has a fifteen foot setback, but is grandfathered in.) REAL PROPERTY LAW & REAL ESTATE CLOSINGS, PLANNING. ZONING, LAND USE LAW • WILLS, TRUST & ESmTE PLANNING • CML & BUSINESS TRIAL PRACTICE • CORPORATE & BUSINESS ORGANIZATION CONSTRUCTION LAW • INSURANCE LAW • HEALTH LAW • PERSONAL INJURY AND WRONGFUL DEATH • CRIMINAL • PROBATE & TRUST ADMINISTRATION • FAMILY LAW Peter D. O'Bryan April 11, 2014 Page 2 We have discussed this with matter with the Community Development Director, Stan Boling, and I believe he is in agreement that this situation can and should be remedied with an ordinance amendment. Therefore, we urge the County Commission to authorize the Planning Staff to commence the process to amend the ordinance in the manner Staff deems most appropriate to permit Dr. Sadhwani and others in her situation to proceed with her redevelopment of the subject property without having to comply with a twenty five foot "front yard" setback from 50`h Avenue. Respectfully submitted, Bruce Barkett For the Firm BB:bb Encl. cc: Deepti Sadhwani, M.D. Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari Development Director Stan Boling Tahir Qizilbash a��r.A.3. 92800000004 ST) Location Map agg DRAFT Subject to modifications TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members From: Staff Date: March 21, 2014 Council Meeting Subject: All Aboard Florida Update Introduction AGENDA ITEM 10 The purpose of this item is to provide an opportunity for Council to receive an update regarding various activities related to the Florida East Coast Industries' (FECI) proposed All Aboard Florida (AAF) project. The project is intended to provide new high-speed intercity express service between Miami and Orlando on the Florida East Coast (FEC) rail corridor. This item includes an overview of the permit process and summary of potential measures to mitigate local and regional impacts. Background In 2012, FECI introduced a proposal for a privately -funded service known as All Aboard Florida, which proposes new intercity express rail service between downtown Miami and Orlando, with additional stations in downtown Fort Lauderdale and downtown West Palm Beach. The project has been the subject of extensive Council and local government discussion since its announcement. As currently envisioned, the project would provide sixteen daily round-trip trains, totaling 32 additional trains on the corridor with maximum speeds of 79 MPH south of West Palm Beach, 110 MPH between West Palm Beach and Cocoa, and 125 MPH from Cocoa to Orlando. The FEC rail corridor is proposed to also continue carrying freight service, which is projected to increase over time. Although the rail corridor is privately owned, it is included in the Florida Department of Transportation (FDOT) Strategic Intermodal System, which prioritizes it for statewide transportation funding to advance economic competitiveness and quality of life. Permit Review Process FECI has applied for a "Railroad Improvement and Investment Fund" loan from the Federal Railroad Administration (FRA), which requires an Environmental Impact Statement (EIS) be prepared by the FRA. Although the details of the loan application are not published, FECI representatives have previously estimated project costs at approximately $1.5 billion. The EIS will be prepared in accordance with the National Environmental Policy Act (NEPA) and other Federal regulations, and it will incorporate documentation provided by FECI. When private railroads own the right-of-way upon which tracks will be constructed, environmental compliance DRAFT Subject to modifications is required with applicable Federal and State laws. However, no additional permitting from FRA is typically required. The FRA anticipates publishing a draft EIS this Spring, which will initiate a public comment period of 45 days or longer at the discretion of the FRA. The FRA will schedule up to six workshops along the corridor. Public comment can be provided at the workshops or via U.S mail or email. After receipt of comments, FRA will publish a final EIS, followed by publication of a "Record of Decision," which will recommend a preferred alternative. Evaluation The reintroduction of passenger rail service on the Florida East Coast rail corridor has been a long-standing regional priority that can provide improved mobility and varied economic and environmental benefits. However, the service as currently proposed concentrates public benefits in communities where stations are planned (West Palm Beach, Fort Lauderdale, Miami, and Orlando), bypassing the three northern counties entirely. All local governments along the corridor will have costs and impacts of different forms. There are modifications to the project and ancillary activities that could more fairly distribute benefits throughout the corridor and lessen impacts to local governments. Each of these is described below. (1) Additional Passenger Rail Stations Access to passenger rail service is the key benefit the AAF project can provide to the Treasure Coast Region. FECI has indicated it intends to initiate the AAF service with only four new stations — in West Palm Beach, Fort Lauderdale, Miami, and Orlando. No stations are currently proposed for Martin, St. Lucie, or Indian River counties. To expand the benefits of passenger rail service, the following mitigating measures are suggested: • Advance the Amtrak/FEC Corridor Project: Currently funded in the FDOT Five - Year Work Program, the Amtrak/FEC project has previously identified station locations in Stuart, Fort Pierce, and Vero Beach which could also accommodate AAF trains. FECI, FDOT, Amtrak, and local governments should work together to enable the Amtrak/FEC project to be constructed concurrent with the AAF project. • Add Additional AAF Stops in Stuart, Fort Pierce, and Vero Beach: The most meaningful benefit the AAF project can offer to the Treasure Coast is its ability to provide connections within the communities it passes through. To more fairly distribute the project's benefits, FECI, FDOT and local governments should work together to evaluate ways in which additional stops can be added in Stuart, Fort Pierce, and Vero Beach as part of AAF's initial service pattern. The introduction of regularly scheduled AAF service three or four times daily in these smaller communities, in addition to the Amtrak intercity service, would provide significant connectivity and expanded market potential. (2) Grade Crossing Improvements and Quiet Zones To accommodate both passenger and freight service in the corridor, FECI is proposing to install a second track from Miami to Cocoa within FEC's current right-of-way, which 2 o 0.A -a,. DRAFT Subject to modifications will require reconstruction of the 352 existing grade crossings. FECI has completed diagnostic field reviews from Miami -Dade to Martin County to determine anticipated safety improvements, with field reviews for the remaining counties anticipated later this spring. Although not necessarily required by current grade crossing agreements, FECI has indicated it will fund the cost of all safety improvements necessary for the operation of the proposed AAF service. The added safety improvements and equipment to be installed by FECI will help in achieving quiet zone designations at locally selected grade crossings. Many communities along the corridor have prioritized quiet zones, where no train horns must be sounded due to more extensive safety equipment. At the request of the Palm Beach and Broward Metropolitan Planning Organizations (MPOs), FECI and FDOT are working collaboratively in support of a TIGER grant to fund quiet zone safety infrastructure in these two counties. A similar effort has not been initiated by the northern MPOs/TPOs thus far. To reduce costs to local governments and improve conditions along the FEC corridor, the following mitigating measures are suggested: • Provide FDOT Funding for Quiet Zone Construction Costs: It is expected that additional infrastructure will be required at many grade crossings to increase the safety rating sufficient for quiet zone designation. FDOT and local governments should work together to identify appropriate sources of transportation funding (e.g., Strategic Intermodal System, Transportation Regional Incentive Program (TRIP) funds) to fill the quiet zone funding gap, thereby relieving local governments of this financial obligation. • Provide FECI and FDOT Support for Quiet Zone TIGER Grant for Martin, St. Lucie and Indian River Counties: To help fund quiet zones, the Palm Beach and Broward MPOs are working with local governments, in collaboration with FECI and FDOT, to submit a TIGER grant application in April 2014. Each of these MPOs has allocated local funding towards this effort, totaling $8.6 million. The northern MPO/TPOs have more limited funding but will receive larger project impacts. FDOT and FECI should work together with local governments and the MPO/TPOs in Martin, St. Lucie, and Indian River counties to provide sufficient funding to enable a TIGER grant for all five counties for quiet zone infrastructure costs. Brevard County's Space Coast TPO should also be considered a partner in the TIGER grant application. • Provide FECI Support for Installation of Safe Pedestrian Pathways at All Grade Crossings: The higher speed and more frequent train service proposed by FECI creates a heightened demand for safe pedestrian pathways at legal grade crossings to discourage illegal pedestrian trespassing across the rail corridor. In addition to the installation of pedestrian barriers as necessary, FECI, FDOT, and local governments should work together to identify measures by which sidewalks can be incorporated into the project as part of the corridor safety improvements. This would reduce the capital cost burden to local governments. • Establish Consistent, Predicable, and Reasonable FECI Grade Crossing Fee Schedule for Local Governments: Each of the 352 grade crossings between Cocoa and Miami is governed by an independent grade crossing agreement. Reviews of agreements 3 asoA.3. DRAFT Subject to modifications have indicated the terms between FEC and local governments are inconsistent. Further, FEC rate increases are unpredictable, causing financial burden for local governments. FECI should work with local governments to establish a consistent, predictable, and reasonable schedule of costs for all grade crossings, with long-term cost projections, to reduce costs to local governments and enable more informed budgeting. • Request Clarification on "Sealed Corridor" Requirements: FECI proposes to operate the AAF service from West Palm Beach north to Cocoa at speeds up to 110 MPH, which requires additional safety requirements that have been referred to by FRA as a sealed corridor. FRA has implied a sealed corridor would require most of the safety infrastructure necessary to establish a quiet zone; however, there is no FRA documentation clearly defining these requirements. Concerns have been raised in the region regarding fencing or other pedestrian barriers to prevent trespassing in the rail corridor. The FRA should provide a clear definition of what is required within a sealed corridor and how it relates to the establishment of quiet zones. (3) Mitigation of Railroad Bridge and Marine Navigation Conflicts The FEC rail corridor crosses several significant waterways between Cocoa and Miami, and there are three movable bridges on the rail corridor. Unlike vehicular bridges which can accommodate many boats while closed, a great deal of boating traffic cannot traverse railroad bridges when closed to accommodate a train crossing. This limitation spreads the project's navigational impact across a larger segment of the boating public. Although the Code of Federal Regulations (CFR) permits a longer bridge closing, FECI indicates AAF project improvements will reduce bridge closure time for passenger trains to twelve minutes in ideal conditions. Bridge closure time would be several minutes longer for freight trains. The CFR places no limit on the number of times the bridges may be closed to accommodate the passage of trains. In Fort Lauderdale, FECI representatives have indicated the New River Bridge will remain double -tracked, and a bridge tender will be stationed there. FECI has indicated it will arrange the AAF service schedule such that the northbound and southbound trains will cross the bridge simultaneously, reducing bridge closings to only once per hour. The two bridges in the Treasure Coast Region will be impacted more severely by the AAF project, as each bridge would be required to close twice per hour (once each for hourly northbound and southbound trains), plus additional closures for freight trains moving independent of passenger trains. The Loxahatchee River Bridge in Jupiter/Tequesta is proposed to be double -tracked as it was historically. Properties west of the bridge include varied residential, recreational, and cultural uses. The Loxahatchee River Bridge also provides exclusive public safety access inland for the Village of Tequesta's advanced life support vessel, which is docked east of the bridge. The St. Lucie River Bridge in Stuart is proposed to remain a single-track bridge as it was originally constructed, and the track immediately north of the bridge includes two nearly 4 5o.A 14 • DRAFT Subject to modifications 90 -degree bends in its alignment. The St. Lucie River is also a component of the Okeechobee Waterway, which provides a cross -Florida connection through Lake Okeechobee to Fort Myers. Waterfront lands are more extensive and diverse west of the St. Lucie River Bridge, including residential, commercial, industrial, recreational, and cultural uses in Martin and St. Lucie counties. The bridge also provides access to designated community redevelopment areas in "Old Palm City" and Indiantown, where a recent state Enterprise Zone designation was secured to support marine commercial activity. Roadway networks adjacent to the bridges are well-defined, with numerous grade crossings in close proximity, intensifying the need to ensure smooth bridge operations as well as appropriate staging areas for trains awaiting bridge closings. Significant public concerns have been raised regarding impacts to marine navigation, boating and public safety, property values, emergency response and quality of life impacts. To reduce these impacts, the following mitigating measures are suggested: • Synchronize Passenger and Freight Schedules to Reduce Bridge Closures: The addition of thirty-two passenger trains daily to existing freight traffic on the FEC rail corridor will present a significant conflict for marine navigation. With the introduction of "Positive Train Control," FECI has indicated rail service can be operated more efficiently and with greater synchronization. The project's potential impacts on these two bridges extend well beyond the communities in which the bridges are located, as they provide access both for recreational and commercial users on both sides of the bridges. FECI, FDOT, local governments, and marine interests should work together to explore ways in which passenger and freight service schedules can be synchronized such that the railroad bridges are only required to close once to accommodate crossings by passenger and freight trains simultaneously or in sequence. FECI should work closely with local governments to locate sidings such that approaching trains may be staged without interference to vehicular traffic to enable two trains to cross with one closure. • Establish Limits on Maximum Bridge Closure Time: The Federal Code of Regulations regarding the Loxahatchee River and St. Lucie River bridges presume the draw spans are "normally in the fully open position" (CFR § 117.299 and CFR §117.317). The proposed operation of nearly fifty daily trains will not allow the bridges to remain "normally" open. To maximize passage for the boating public through the railroad bridges, FECI, U.S. Coast Guard, local governments, and marine interests should work together to evaluate and develop revisions to the CFR for Loxahatchee and St. Lucie River bridge regulations that more fairly balance the navigational needs of the public with the needs of the railroad. • Establish On -Site Bridge Tenders: Given the proposed AAF schedule and anticipated number of bridge closings, a high degree of human surveillance should be provided at the railroad bridges, especially during peak boating times (e.g., weekends, holidays). FECI, U.S. Coast Guard, and local governments should work together to identify 5 aso.A.5. DRAFT Subject to modifications appropriate staffing hours, communications, and locations for bridge tenders to be provided at the Loxahatchee and St. Lucie River bridges. • Modernize Bridge Mechanisms and Structures: The additional demand proposed by the AAF project on the antiquated Loxahatchee River and St. Lucie River bridges could cause rapid deterioration of the bridge machinery and substructure. A detailed analysis of both bridges should be conducted to identify long-term needs, and FECI, U.S. Coast Guard, and local governments should work together to determine key mechanical and structural components needing modernization to ensure continued safe and reliable operation. • Provide Funding for Second Police/Fire Response Vessel and Dockage: Because the Loxahatchee River bridge provides exclusive access for the Village of Tequesta advanced life safety vessel, FECI and FDOT should work with the Village of Tequesta to assist in securing a new dock location and support the purchase of a second life safety vessel to be located west of the Loxahatchee River bridge. • Provide FDOT Funding for Long -Term Bridge Reconstruction: As part of the FDOT SIS, the FEC railroad bridges are eligible FDOT funding. Marine navigation, especially for larger cargo vessels, is compromised at the St. Lucie River bridge due to misalignment between its draw span and that of the AlA vehicular bridge to the west. The opening at the Loxahatchee River bridge is too narrow to allow two boats to pass through simultaneously, and boating traffic will be constrained with additional bridge closures. A bridge working group should be established, with participation by FDOT, FECI, local governments, and marine interests, to identify long-term structural rehabilitation of both bridges over time. As SIS facilities, the bridge evaluations should consider the key SIS criteria: economic competitiveness and quality of life. Consideration should be given to improve the alignment between the rail and vehicular bridge draw spans at the St. Lucie River crossing and widening of the Loxahatchee River bridge draw span. (4) Access to Broadband Capacity: As an ancillary corridor improvement, FECI's telecommunications division (Parallel Infrastructure) has indicated it will install a high-capacity fiber optic network within the FEC corridor from Jacksonville to Miami and from Orlando to Cocoa along State Road 528. This private infrastructure improvement will provide state-of-the-art broadband capacity that could revolutionize communications and research capabilities for the region and state. Broadband access can improve the delivery of public services such as emergency response, improve educational and research opportunities, and provide a significant economic development enhancement for the region. To help offset costs and impacts to local governments, the following mitigating measure is suggested: • Establish Discounted Broadband Access Rate for Public and Select Not -for -Profit Institutions: FECI, FDOT, and local governments should work together to identify an appropriate discounted rate for broadband access by local governments and agencies, 6 aso .A.C.. DRAFT Subject to modifications educational systems including colleges and universities, hospitals, and not-for-profit biomedical institutions. (5) Freight Rationalization The FEC rail corridor plays a critical role in the movement of freight through the region and state. The widening of the Panama Canal will enable cargo ships with three times the capacity of today's vessels to transport freight to Florida, and Port Miami and Port Everglades are currently being improved to accommodate these "PostPanamax" ships. Land uses along the FEC rail corridor have developed intensely over time, resulting in increased freight/land use conflicts. While freight trains produce significant noise and vibration impacts, passenger trains are lighter, faster, and shorter, making them easier to accommodate within an urban corridor. Freight trains also cause the greatest impact to marine navigation and bridge closures due to their slow speed and longer length. FDOT is currently evaluating the state's freight distribution network, which includes the inland CSX rail corridor and rail connections from the southern ports. To help reduce project impacts, the following mitigating measures are suggested: • Reallocate Freight to the CSX Rail Corridor: The impacts of freight rail traffic through the urban coastal corridor creates significant impacts today. The corridor cannot reasonably accommodate projected freight traffic along with AAF's proposed 32 additional daily trains. A long-term, holistic solution is needed to enable the FEC corridor to be utilized for higher -volume passenger rail service while reducing the number and intensity of long-distance freight trains. A multi-party agreement should be developed among FECI, CSX, and FDOT to address the rationalization of freight in southeast Florida. (6) Land Use Impacts The FEC rail corridor is the historic corridor connecting Florida's coastal communities. Beginning in the early 1900s, as train stations were established, these communities developed around them as the center of what are today's historic coastal downtowns. Working with FEC, local governments have invested substantial capital investment in parking and landscaping improvements in these downtowns, located in easements granted by FEC. The double -tracking proposed by the AAF project would significantly impact the economic and visual conditions of these communities and their ability to function. To help reduce project impacts, the following mitigating measures are suggested: • Reduce Impacts in Historic Downtowns: Although located on private lands leased from FEC, public parking and landscaping in historic downtowns is critical to their continued viability. FECI and local governments should work together to minimize impacts in historic downtowns to enable them to accommodate the proposed AAF improvements while balancing the long-term public/private agreements with FEC that have enabled them to become productive centers of commerce and residential activity. As the AAF project is designed, all efforts should be made to identify means in which the location of double tracking and sidings, and treatment of the edges of the 7 a5O . A 7. DRAFT Subject to modifications rail corridor can be softened appropriately to better complement downtown redevelopment efforts. (7) Tri -Rail Coastal Link Access Negotiations Since 2004, local governments in Miami -Dade, Broward, and Palm Beach counties have been working with FDOT and other agencies towards the extension of Tri -Rail commuter service on the FEC rail corridor. Access negotiations between FDOT, FECI, and the South Florida Regional Transportation Authority (SFRTA) began last year. AAF stations in West Palm Beach, Fort Lauderdale, and Miami have been designed to accommodate future Tri -Rail service as well. This multi -modal connectivity can extend the benefits of the AAF service to other local governments where additional Tri -Rail stations would be located. To help reduce project impacts and costs to local governments, the following mitigating measure is suggested: • Finalize Reasonable Access Fees and Terms for Tri -Rail Coastal Link Service: FECI, FDOT, and SFRTA should work together to determine reasonable access fees and terms to enable commuter service to be established on the corridor from Jupiter to Miami in conjunction with the development of the AAF project. Conclusion The proposed AAF service represents a unique opportunity to expand the utilization of a private freight corridor for economic benefit and mobility. The FEC rail corridor provides a connection to dozens of historic downtowns, both large and small, that were all once "railroad towns." However, the service as currently proposed does not consider the corridor's development pattern, locating only three stations in southeast Florida, where economic benefit is focused. The balance of the Region is bypassed, which imposes project costs without meaningful benefit. The project's navigational impacts at the Loxahatchee River and St. Lucie River are considerable, and measures to reduce these impacts, including the potential for freight reallocation and regulatory adjustment, remain outstanding. Other potential project benefits, such as broadband access, quiet zones, grade crossing improvements, and commuter rail access, also warrant further evaluation. These significant issues should be raised for consideration in the EIS well in advance of its publication to ensure their thorough evaluation by the FRA and collaborating agencies. Further, given the magnitude of potential impacts from the proposed project, efforts should be taken to arrange a FRA workshop in the Region for local governments and others to fully understand the process and methods by which public comments will be received and evaluated. These issues have also been communicated in correspondence to Governor Scott, the Treasure Coast Legislative Delegation, and the Treasure Coast Congressional Delegation. This correspondence is attached. 8 DRAFT Subject to modifications Recommendation Council should direct staff to: 1) transmit these comments to the Federal Railroad Administration in advance of the publication of the draft Environmental Impact Statement; and 2) request the Federal Railroad Administration conduct workshops in the Region for local governments prior to the issuance of the Environmental Impact Statement. Attachments 9 TREASU_REr`; 1N-DIAN `RIV-'E EGIONAL PLAN NINGf�'_OUN-CIL — LU_Cr-E T -I --N - PALM • MEMORANDUM To: The Honorable Rick Scott, Governor Treasure Coast Legislative Delegation From: Michael J. Busha, AICP Executive Director Date: March 10, 2014 Subject: All Aboard Florida B`EACI-I` The All Aboard Florida (AAF) project, proposed by Florida East Coast Industries (ITCH, has been the subject of extensive Council and local government discussion since its announcement in May 2012. The reintroduction of passenger rail service on the Florida East Coast rail corridor has been a long-standing regional priority and has the potential for improved mobility and varied economic and environmental benefits. However, the service as currently proposed concentrates public benefits in communities where stations are planned (West Palm Beach, Fort Lauderdale, Miami, and Orlando), but imposes costs and impacts to all local governments along the corridor. There are virtually no public benefits provided to communities north of Palm Beach County. In addition, cargo -related train traffic is expected to increase with proposed rail corridor and seaport capacity improvements, creating further local and regional impacts. A better balance of shared benefits and reduced costs is necessary to protect all local governments and citizens throughout the Treasure Coast Region. There are several opportunities available to help mitigate project impacts and more fairly distribute public benefits throughout the Region. These include: • State Fundina for Quiet Zone Improvements Direct the Florida Rail Enterprise to make quiet zone improvements in the corridor a top priority and allocate sufficient funding from the Transportation Regional Incentive Program (TRIP), from the Strategic Internodal System (SIS), and other sources for local governments to establish quiet zones, with safe pedestrian pathways, at all grade crossings along the AAF route. - FDOT should be compelled to require FECI install the highest degree of safety infrastructure at all grade crossings to enable the establishment of quiet zones at the lowest possible cost to state and local government. "Bringing Communities Together' • Est.1976 421 SW Camden Avenue - Stuart, Florida 34994 Phone (772) 221-4060 - Fax (772) 221-4067 -nr.=- a50. A. 10. Memorandum to Governor Rick Scott and Treasure Coast Legislative Delegation March 10, 2014 Page Two - Adopt appropriate amendments to Florida Statutes to alleviate any additional insurance obligations for local governments due to the establishment of quiet zones. • Stations and Stops in Martin, St. Lucie and Indian River Counties Direct FDOT to immediately advance the Amtrak!FEC Corridor Project, which is already funded in the FDOT Five -Year work Program. This would provide stations in Stuart. Fort Pierce, and Vero Beach, which should be designed to also accommodate AAF trains. FECI should also he directed to add limited AAF service stops in these communities in the first phase of service. • Mitigating Railroad Bridge and Navigation Conflicts Advance amendments. in conjunction with the Congressional Delegation, to the Code of Federal Regulations (CFR § 117.299 and CFR §117.317) to limit. for example, railroad bridge closures at the Loxahatchee and St. Lucie rivers to not more than fifteen minutes per half-hour. FECI should be required to modernize both bridges with upgraded bridge machinery and provide bridge -tenders during Nvicekends and holidays to increase safety and public access, and reduce navigation delays. • Reallocation of Freight to the CSX Rail Corridor Direct FDOT to execute a freight rationalization program in conjunction with the AAF project to shift long-distance freight trains away from the FEC's coastal route and onto the CSV's inland route to reduce impacts on local communities and railroad bridge closures. • Broadband Access to Public and Select Not -for -Profit Institutions at a Discounted Rate Negotiate a discounted rate with FEC I's telecommunications division (Parallel infrastructure) for broadband access by local governments and agencies. educational systems including colleges and universities, hospitals. and not-for-profit biomedical institutions. • Establish a Reasonable, Consistent, and Predictable Rate Structure for Municipal Grade Crossings Compel FECI to establish standardized agreements with a consistent and reasonable Tong -term rate structure to provide greater certainty about the annual and periodic costs to local governments and public authorities for maintaining ITC rail corridor grade crossings. 95O.A-•f1. Memorandum to Governor Rick Scott and Treasure Coast Legislative Delegation March 10, 2014 Page Three • Funding for Rail Engineering Specialist Position Provide funding for one dedicated and independent rail engineering specialist stationed within the Region to assist local governments with the evaluation, design, construction, and implementation of rail improvements related to AAF and other rail services. These actions will help bring balance to what has become an increasingly imbalanced All Aboard Florida proposal. Council will continue to communicate with FECI and state and local government regarding the project. These issues should be given full consideration during preparation of the forthcoming Environmental Impact Statement. Council stands ready to review this document in cooperation with local governments in the Region. Thank you for taking a leadership role to champion these actions on behalf of the 54 local governments and 1.9 million citizens of the Treasure Coast Region. cc: Peter O'Bryan, Chairman, Treasure Coast Regional Planning Council Treasure Coast Local Governments Treasure Coast MPO/IPOs Treasure Coast Regional League of Cities Palm Beach League of Cities Treasure Coast Council of Local Governments . so•A• 1a TREASURE CO=A` 1 N U 1 A N 0: GTONAL ;PLANNING COUNCIL UCIE — 11ARTTN — PAI BEAC)tf NI I: \I Olt:\\I)1 \I t he Flonorahle Bill Nelson. 1'S. Senate 1 he I lonorahle Nlarco Rubio. 1 .S Senate The honorable led 1)eutch, 1. .S. }-louse 01: Representatives the 11onorahle Lois Frankel. I •.S. I louse of Representatives The 1 ionorahle Alcee I lastings, t .5. !louse of Representatiy.es The Honorable Patrick \lurph) . t =.S. [louse oI' Rcpresentatiy.es the llonorahle Bill Posey. t'.S. ilouse ofRepresentatiy.es From: Michael .1 13usli t \I(P- 1.:xecutiy.e Director / , Date: Alarch It). 201-1 Subject: :AII \board Florida I he .111 \board Florida 1.A.A1') project, proposed be Florida Fast Coast Industries (FHA). has been the subject of extensity e Council and local government discussion since its announcement in \lac 2012. The reintroduction of passenger rail sen ice on the Florida Fast Coast rail corridor has been a long-standing Council priority and has the potential lir improved mobility. and varied economic and environmental benefits. However. the service as currently proposed concentrates public benefits in communities v) here stations are planned (West Palm Beach. Fort Lauderdale, NItami. and Orlando). but it imposes costs and impacts to all local governments along the corridor. In addition. cargo -related train traffic is expected to increase with proposed rail corridor and seaport capacity improvements. creating further local and regional impacts. ,A better balance of shared benefits and reduced costs is necessary to protect all local governments and citizens in the treasure ('oast Region. There are several opportunities for the Congressional Delegation to help mitigate project impacts and more fairly distribute public benefits throughout the Region. these include: • Federal Funding for Quiet Zone Improvements The Congressional Delegation should assist in securing a T1(11R grant and other Federal appropriations for local governments to establish quiet zones. with safe pedestrian pathways. at all grade crossings along the ;AAF route. The Federal Railroad Administration t[RA) should he compelled to require FF:C1 to install the highest degree of safety infrastructure at all grade crossings to enable the establishment of "Bringing Cnnununities -I 11 ther" • Fst.1976 421 ti\C Carmen rItit - 0 ,, r�. P1 r,(.r 31n1 Phon: (772) 221-4001 - Iac(772) 221-(0i,7 - „ Q5O.A.13. Memorandum to Treasure Coast Congressional Delegation March 10, 2014 Page Two quiet zones at the lowest possible cost to state and local governments. The FRA should also provide a clear definition of what constitutes a "sealed corridor" along the "Class Six" segment of the railway from approximately Palm Beach Lakes Boulevard in Palm Beach County north to State Road 52S in Brevard County. • Stations and Stops in Martin, St. Lucie and Indian River Counties The Congressional Delegation should direct Amtrak to immediately advance the Amtrak/FEC Corridor Project, which is already funded in the Florida Department of Transportation Five -Year Work Program. This would provide stations in Stuart, Fort Pierce, and Vero Beach, which should be designed to also accommodate AAF trains. FECI should be compelled to add limited AAF service stops in these communities in the first phase of service. • Mitigating Railroad Bridge and Navigation Conflicts The Congressional Delegation should direct the U.S. Coast Guard to initiate amendments to the Code of Federal Regulations (CFR § 117.299 and CFR §117.317) to limit, for example, railroad bridge closures at the Loxahatchee and St. Lucie rivers to not more than fifteen minutes per half-hour. FECI should further be required to modernize both bridges with upgraded bridge machinery and provide bridge -tenders during weekends and holidays to increase safety and public access, and reduce navigation delays. • Reallocation of Freight to the CSX Rail Corridor The Congressional Delegation should compel FECI to execute a freight rationalization program in conjunction with the AAF project to shift long-distance freight trains away from the FEC's coastal route and onto the CSX's inland route to reduce impacts on local communities and bridge closures. • Broadband Access to Public and Select Not -for -Profit Institutions at a Discounted Rate The Congressional Delegation should compel FECI's telecommunications division (Parallel Infrastructure) to establish a discounted rate for broadband access by local governments and agencies, educational systems including colleges and universities, hospitals, and not-for-profit biomedical institutions. • Establish a Reasonable, Consistent, and Predictable Rate Structure for Municipal Grade Crossings The Congressional Delegation should compel FECI to establish standardized agreements with a reasonable and consistent long -tern rate structure to provide greater certainty about the annual and periodic costs to local governments and public authorities for maintaining FEC rail corridor grade crossings. a 5� • A. 14 • Memorandum to Treasure Coast Congressional Delegation March 10, 2014 Page Three • Resolving Commuter Railroad Access Fees and Terms The Congressional Delegation should compel FECI to establish reasonable railroad access fees and terms for future commuter rail service in Southeast Florida. as part of FFCI's pending request for a Railroad Rehabilitation and Improvement Fund loan. These actions will help bring balance to what has become an increasingly imbalanced All Aboard Florida proposal. Council will continue to communicate with FFCI and state_ federal and local agencies regarding the project. These issues should be given full consideration during preparation of the forthcoming Environmental Impact Statement. Council stands ready to review this document in cooperation with local governments in the Region. Thant: you for taking a leadership role to champion these actions on behalf of the 54 local governments and 1.9 million citizens of the Treasure Coast Region. cc: Peter O'Bryan, Chairman. "Treasure Coast Regional Planning Council Treasure Coast Local Governments Treasure Coast MPO/TPOs Treasure Coast Regional League of Cities Palm Beach League of Cities Treasure Coast Council of Local Governments 3(5O.A. 15-. Subject: follow-up items from TCCCMH re: "All Aboard Florida" project (AAF file) Thanks for the opportunity to join you in Vero Beach last week to provide an update on rail, particularly the "All Aboard Florida" project proposed by Florida East Coast Industries (FECI). There were three key items for which you requested follow-up, and information is provided below: (1) ENVIRONMENTAL IMPACT STATEMENT (EIS) PROCESS, SUMMARY & TIMING I spoke with John Winkle, who's the staff coordinator for the All Aboard Florida EIS process. He confirmed FECI submitted an application for a Railroad Rehabilitation and Investment Fund (RRIF) loan, which set in motion the FRA's need to develop an EIS for the project. FECI has provided information that went into developing the draft EIS, which FRA anticipates being published later this spring. Once the EIS is published, a public review and comment period will begin, which is a minimum of 45 days but can be longer at the discretion of the FRA. FRA, with AAF, will conduct five to six public meetings along the corridor (the last set were in Orlando, Fort Pierce, West Palm Beach, Fort Lauderdale, and Stuart). Public comment can be provided during the workshops, in writing, or by email. Copies of the draft EIS will be sent to local governments, agencies (such as TCRPC), placed in libraries for review, and others requesting a copy. The Coast Guard and other agencies are collaborating agencies, but the FRA is the lead agency for the EIS process. Key policies to note regarding the preparation, review, and findings related to the EIS: * National Environmental Policy Act (42 USC 4321) * Council on Environmental Quality implementing regulations (40 CFR Part 1500) * FRA's Procedures for Considering Environmental Impacts (64 Fed. Reg. 28545) * Section 4(f) of the Department of Transportation Act and the National Historic Preservation Act Procedurally, the process includes: * publication of draft EIS (45 -day or longer public comment period) * FRA review * publication of final EIS (30 -day public comment period) * publication of "Record of Decision" John noted out the railroad would not typically require an FRA permit to replace a second track that was previously there, although Federal and/or State environmental regulations may apply. If needed, Mr. Winkle's contact information is (202) 493-6067 or iohn.winkle@dot.gov. Less information is available regarding the RRIF loan review requirements or application itself. Information on the RRIF loan program is available on the FRA website: http://www.fra.dot.gov/Page/P0128 aso. A. 16, (2) LIABILITY FOR QUIET ZONES This remains a point of continuing discussion, and we've discussed with several municipal attorneys who are researching the matter. FRA has two attorneys that deal in this area: • FRA Preemption Attorney Colleen Brennan ---202-493-6028 • FRA Grade Crossing Attorney: Kathy Shelton ---202-493-6063 kathryn.shelton@dot.gov. We have requested specific information on the implications of liability for local governments from Ms. Shelton, the FRA Grade Crossing Attorney, and will forward upon receipt. (3) COAST GUARD PERMITS As we discussed last week, there are three movable bridges on the corridor: New River (Fort Lauderdale), Loxahatchee River (Jupiter/Tequesta), and St. Lucie River (Stuart). FECI has indicated it is not seeking a permit for modifications to the St. Lucie River bridge, but it is seeking a "rehabilitation permit" for the Loxahatchee River bridge (to replace a span that was there historically). The US Coast Guard has previously indicated the rehabilitation permit would be included in the EIS, and we've asked for a confirmation. Will forward additional information upon receipt. Also, FYI, the Council agenda item regarding the "All Aboard Florida" update is now posted on the TCRPC website, link to agenda is here: http://www.tcrpc.org/council meetings/2014/MAR14/MarAgenda.html. Please advise if we can provide additional information that would be helpful. Thanks. KIM DELANEY, PH.D. STRATEGIC DEVELOPMENT COORDINATOR TREASURE COAST REGIONAL PLANNING COUNCIL 421 SW CAMDEN AVENUE STUART. FL 34994 asfl. A. 17. April 15, 2014 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 9, 2014 SUBJECT: April 17, 2014 Florida Municipal Power Agency Meeting FROM: Tim Zorc Commissioner, District 3 I would like to request discussion on the Florida Municipal Power Agency Meeting in Orlando, Florida on Thursday, April 17, 2014. 2.51 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: March 31, 2014 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District _ . Subject: Final Pay to Geosyntec for Work Order No. 7 for One Year Groundwater Monitoring and Reporting and FDEP meeting Attendance DESCRIPTIONS AND CONDITIONS: On June 18, 2013, the Solid Waste Disposal District (SWDD) Board approved Work Order No. 7 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $105,126.00 to provide two semi-annual groundwater monitoring/reporting events and related consulting services for the Former Gifford Road Landfill in compliance with requirements set forth by the Florida Department of Environmental Protection (FDEP). On January 7, 2014, the SWDD Board approved Amendment No. 1 to Work Order No. 7 to Geosyntec in the amount of $22,974.00 for additional technical services required by the FDEP. The total approved budget for this work was $128,100.00. ANALYSIS Geosyntec has satisfactorily completed all of the tasks described in the scope of work. The amount of the final invoice is $18,031.97. After final payment, the total amount paid to Geosyntec will be $127,496.91, which is under the total approved amount of $128,100.00. Attached is Geosyntec's project completion report describing in more detail the services provided under this work order. FUNDING: Funding for the Groundwater Monitoring and Reporting project is budgeted and available in the Closed Landfill Groundwater Testing account which is derived from the one cent sales tax fund for infrastructure needs of the County. ACCOUNT NO.: Description Account Number Amount Closed Landfill Groundwater Testing 31521734-033490-03004 $18,031.97 RECOMMENDATION: SWDD staff recommends that its Board approve Geosyntec's final invoice in the amount of $18,031.97. SWDD Agenda - Final Pay for WO 7 to Geosyntec Page 1 of 1 252 ATTACHMENT(s): 1. Geosyntec Project Completion Report & Final Invoice APPROVED FOR AGENDA: By: 2QpA d - OZIA Baird, County Administrator For ��e�i�i�-t� /$) 20f ate Indian River Co. • • • •:ved Date Administration 1700 Legal ' 1'OM Budget / — /Q /t� !g SWDD . �.C` SWDD -Finance C EY\L 41--7-'14 SWDD Agenda - Final Pay Geosyntec WO No 7 Page 2 of 2 251 Geosyntecr' consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PFI 32L269.5880 FAX 321 269.5813 www.geosvntec.com 28 March 2014 Subject: Project Completion Report One Year of Groundwater Monitoring and Reporting and FDEP Meeting Attendance IRC Work Authorization No. 7 South Gifford Road Landfill, Vero Beach, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766G — One Year of Groundwater Monitoring and Reporting and Florida Department of Environmental Protection (FDEP) Meeting Attendance — for the South Gifford Road Landfill site. This project was completed under Work Order No. 7, authorized on 18 June 2013, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 15 November 2011. One amendment to this work authorization (Amendment No. 1) was approved on 7 January 2014. This report has been prepared as a supplement to our final Invoice Number 12143140, dated 24 March 2014, which was submitted to SWDD on 28 March 2014 (attached). SCOPE OF WORK The scope of work initially authorized under Work Authorization No. 7 addressed the FDEP-required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events). Amendment 1 included investigation -derived waste (IDW) management and profiling additional field activities for FDEP-requested maintenance of the plume monitoring network and. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Response to FDEP Comments; (iii) Required Notification Activities; (iv) Annual Pollution Remediation Liabilities Evaluation; (v) Semi -Annual Sampling Activities; (vi) Data Evaluation and Semi -Annual FRO766G\PR14028_Project Completion WO No 7_FR0766G.doc engineers 1 scientists 1 innovators 2.54 Mr. Himanshu Mehta, P.E. 28 March 2014 Page 2 Reporting; and (vii) Field Activities. Below is a phase by phase summary of the work that Geosyntec performed under this work authorization. Phase 1— Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondences and meetings with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. Phase 2 — Meetings/Response to FDEP Comments Under this phase, Geosyntec prepared and submitted the response to FDEP comments on the December 2012 Semi Annual Groundwater Monitoring Report and attended two onsite field visits scheduled with the FDEP. Additionally, Geosyntec prepared a presentation for and attended one meeting with IRC SWDD and IRC Board of County Commissioners to present the Evaluation of Site Redevelopment Options prepared by Geosyntec in May 2013 under a previous authorization. Phase 3 — Required Notification Activities Under this phase, Geosyntec completed the activities required to establish the temporary extension of the temporary point of compliance (TPOC), including: (i) preparing a notification package in accordance with Rule 62-780.220(3); (ii) assisting with preparation of the notice published by IRC SWDD; and (iii) providing copies of notices to FDEP to document completion of the process. In addition, Geosyntec is pleased to document that the following out -of -scope work was completed under this work authorization, with no associated budget increase to SWDD: (i) coordination with IRC Department of Health to sample and analyze well water; and (ii) general consulting support for additional activities related to the TPOC notification process. Phase 4 - Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of five sites, including South Gifford Road Closed Landfill (4701 FRO766G\PR14028_Project Completion WO No 7_FR0766G.doc engineers 1 scientists 1 innovators 255 GeosyntecL> consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74" Avenue Southwest Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 P1-1 321.269.5880 FAX 321.269.5813 www.geosyntec.com 28 March 2014 Subject: Project Completion Report One Year of Groundwater Monitoring and Reporting and FDEP Meeting Attendance IRC Work Authorization No. 7 South Gifford Road Landfill, Vero Beach, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766G — One Year of Groundwater Monitoring and Reporting and Florida Department of Environmental Protection (FDEP) Meeting Attendance — for the South Gifford Road Landfill site. This project was completed under Work Order No. 7, authorized on 18 June 2013, pursuant to the Continuing Contract Agreement for Professional Services between Indian River County (IRC), Solid Waste Disposal District (SWDD) and Geosyntec, dated 15 November 2011. One amendment to this work authorization (Amendment No. 1) was approved on 7 January 2014. This report has been prepared as a supplement to our final Invoice Number 12143140, dated 24 March 2014, which was submitted to SWDD on 28 March 2014 (attached). SCOPE OF WORK The scope of work initially authorized under Work Authorization No. 7 addressed the FDEP-required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events). Amendment 1 included investigation -derived waste (IDW) management and profiling additional field activities for FDEP-requested maintenance of the plume monitoring network and. The project was executed under the following phases: (i) Project Management; (ii) Meetings/Response to FDEP Comments; (iii) Required Notification Activities; (iv) Annual Pollution Remediation Liabilities Evaluation; (v) Semi -Annual Sampling Activities; (vi) Data Evaluation and Semi -Annual FR0766G\PR14028_Project Completion WO No 7_FR0766G.doc engineers I scientists 1 innovators 256 Mr. Himanshu Mehta, P.E. 28 March 2014 Page 2 Reporting; and (vii) Field Activities. Below is a phase by phase summary of the work that Geosyntec performed under this work authorization. Phase 1— Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondences and meetings with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. Phase 2 — Meetings/Response to FDEP Comments Under this phase, Geosyntec prepared and submitted the response to FDEP comments on the December 2012 Semi Annual Groundwater Monitoring Report and attended two onsite field visits scheduled with the FDEP. Additionally, Geosyntec prepared a presentation for and attended one meeting with IRC SWDD and IRC Board of County Commissioners to present the Evaluation of Site Redevelopment Options prepared by Geosyntec in May 2013 under a previous authorization. Phase 3 — Required Notification Activities Under this phase, Geosyntec completed the activities required to establish the temporary extension of the temporary point of compliance (TPOC), including: (i) preparing a notification package in accordance with Rule 62-780.220(3); (ii) assisting with preparation of the notice published by IRC SWDD; and (iii) providing copies of notices to FDEP to document completion of the process. In addition, Geosyntec is pleased to document that the following out -of -scope work was completed under this work authorization, with no associated budget increase to SWDD: (i) coordination with IRC Department of Health to sample and analyze well water; and (ii) general consulting support for additional activities related to the TPOC notification process. Phase 4 - Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of five sites, including South Gifford Road Closed Landfill (4701 FR0766G\PR14028_Project Completion WO No 7_FR0766G.doc engineers 1 scientists 1 innovators Mr. Himanshu Mehta, P.E. 28 March 2014 Page 3 41St Street), Old Administration Building (1840 25th Street), Former Cattle Dip Site (9255 93rd Street), North County Reverse Osmosis Plant (7751 58th Avenue), and Shadowbrook Estates (7775 85th Street). Phase 5 — Semi -Annual Sampling Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events, including July and December 2013. During these sampling events, a total of 91 groundwater samples were collected under this work authorization. Phase 6 — Data Evaluation and Semi -Annual Reporting Under this phase, Geosyntec prepared the semi-annual reports for the July and December 2013 events. As part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Each report was submitted to IRC SWDD for review and comment prior to submittal to FDEP. Phase 7 — Field Activities Under this task, Geosyntec performed additional field activities as requested by FDEP and/or IRC. The activities included: (i) redevelopment of GR-MW22CC; (ii) abandonment, reinstallation, and development of GR-MW22CC and. GR-MW27D; (iii) professional survey of monitoring wells GR-MW22CC, GR-MW27D, and GR-MW36D; (iii) collection of toxicity characteristic leaching procedure (TCLP) samples from the granular activated carbon (GAC) tanks associated with the former interim pump and treat system and drummed IDW; and (iv) deployment of passive diffusion bag (PDB) samplers in site monitoring wells for retrieval during the summer semi-annual sampling event. BUDGET The approved budget for Work Order No. 7 was $128,100 (inclusive of Amendment 1 for $22,974 approved 7 January 2014). The total invoiced amount, including the final invoice, is $127,496.91. Therefore, Geosyntec completed this project within the approved budget. Geosyntec is pleased to note that we were successful in decreasing project costs by continuing to use of passive diffusion bag (PDB) samplers, which were implemented FR0766G\PR14028_Project Completion WO No 7_FR0766G.doc engineers 1 scientists 1 innovators 258 Mr. Himanshu Mehta, P.E. 28 March 2014 Page 4 during both semi-annual events in 2013 and by reducing sampling locations and parameters implemented during the December 2013 event. These changes in the monitoring program at the site resulted in net long-term decreased in monitoring costs, related to sampling labor, analytical laboratory, and sampling equipment and supply. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact either of the undersigned at 850.477.6547. Sincerely, Lauren Petty Hydrogeologist '..l �.. Jill W. Johnson, P.G. Senior Hydrogeologist FR0766G\PRI 4028_Project Completion WO No 7 FR0766G.doc engineers I scientists I innovators 259 Geosyntec" consultants Mr. Himanshu Mehta Managing Director Indian River County Solid Waste Disposal District 1325 74"' Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill Dear Mr. Mehta: 316 South Baylen Street, Suite 201 Pensacola, Florida 32502 PH 850.477.6547 FAX 850.477.6707 www.geosyntec.com 31 March 2014 Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project (inclusive of the $22,974 change order approved 7 January 2014); (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses from 1 through 28 February 2014 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. PROJECT MANAGEMENT SUMMARY Geosyntec's Project No. ER0766G: One Year of Groan dwater/Reporting and Related Activities (IRC Work Order No. 7) Budget Overview Invoice No. 12143140 dated 24 March 2014 for $18,031.97, Project No. FR0766G is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $128,100.00 Invoiced Amount to -date: $127,496.91 Remaining Budget: $603.09 Work Completed to Date The authorization to proceed was dated 18 June 2013. A response to Florida Department of Environmental Protection's (FDEP) March 2013 Comments regarding the Semi -Annual Groundwater Monitoring Report (GMR) for the Plume Monitoring Network was submitted in May 2013. Further discussions and planning regarding potential future redevelopment options have been conducted to date under this current work order. Geosyntec assisted with preparation FR0766/PR 14028_REV .docx engineers 1 scientists I innovators 260 Mr. Himanshu Mehta 31 March 2014 Page 2 for and attended one meeting in 2013. Semi-annual groundwater sampling events were conducted in July and December 2013 and the Semi -Annual GMRs for those events have been submitted to FDEP. Geosyntec submitted the Pollution Liabilities report to IRC on 31 October 2013. A site visit with FDEP was completed on 3 December 2013. The temporary extension of the temporary point of compliance (TPOC) notice was mailed to recipients on 15 January 2014. Supplemental field activities including reinstallation of two monitoring well, survey of three monitoring wells, passive diffusion bag (PDB) deployment, and investigation derived waste characterization were conducted on 13, 14, and 28 February 2014. Work Reflected on Enclosed Invoice Labor and expenses reflected on the enclosed invoice are attributed to: • labor indicated as professional services ($6,182.75) is attributed to project management and administration, subcontractor procurement, preparation for and execution of the supplemental field activities described above. • reimbursable expenses ($11,663.74) are subcontractor invoices (drillers, surveyor, and laboratory), PDB procurement, and field expenses. The remainder of the invoice is associated with a communications fee per the contract. Recommended Actions None. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 477-6547. Sincerely, Enclosure FR0766/PR14028 REV.docx engineers I scientists 1 innovators auren Petty Hydrogeologist Jill W. Johnson, P.G. Senior Hydrogeologist 761 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766G South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766G (IRC Work Order No. 7) 12134164 06/26/2013 $7,690.11 12134167 07/10/2013 $5,736.09 12133311 08/19/2013 $22,092.45 12133332 09/12/2013 $28,338.71 12133376 10/07/2013 $4,439.55 12133394 11/18/2013 $7,578.19 12133423 12/11/2013 $3,875.64 12143013 1/15/2014 $20,434.91 12143080 2/17/2014 $9,279.29 12143140 3/24/2014 $18,031.97 TOTAL $127,496.91 FR0766/PRI4028 REV.docx engi• neers 1 scientists 1 innovators 262 Geosyntec consultants PLEASE REMIT PAYMENT TO: Geosyntec Consultants 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-2775 USA Tel (561) 995-0900 Fax (561) 995-0925 INDIAN RIVER COUNTY 1325 74TH AVENUE, S.W. VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA Invoice #: 12143140 Invoice Date: 3/24/2014 Project: FR0766G Project Name: GIFFORD 2013 GW MON AND RPT For Professional Services Rendered through transaction date: 2/28/2014 If you have questions about this invoice, please contact Lauren Petty at 850-483-5103. WORK ORDER # 7 Professional Services 3.0% Communication Fee Reimbursable Expenses Current Invoice "Amount Due This Invoice ** $6,182.75 $185.48 $11,663.74 $18,031.97 $18,031.97 Statement Prior Billings Current Invoice Billed To Date Paid To Date $109,464.94 $18,031.97 $127,496.91 $109,464.94 Project Budget $128,100.00 Expended to Date $127,496.91 Contract Balance $603.09 **Amount Due This Invoice ** $18,031.97 3/24/14 Lauren Petty, 263