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04/08/2014
PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2014 AS CHILD ABUSE AND NEGLECT AWARENESS AND PREVENTION MONTH WHEREAS, Indian River County's future prosperity depends on nurturing the healthy development of children currently living, growing and learning within our many diverse communities; and WHEREAS, research shows that safe and nurturing relationships, stimulating and stable environments improve brain development and child wellbeing, while neglectful or abusive experiences and unstable or stressful environments increase the odds of poor childhood outcomes; and WHEREAS, the abuse and neglect of children can cause severe, costly and lifelong problems affecting all of society, including physical and mental health problems, school failure and criminal behavior; and WHEREAS, research also shows that parents and caregivers who have social networks and know how to seek help in times of trouble are more resilient and better able to provide safe environments and nurturing experiences for their children; and WHEREAS, individuals, businesses, schools and faith -based and community organizations must make children a top priority and take action to support the physical, social, emotional and educational development and competency of all children; and WHEREAS, the Children's Bureau, within the United States Department of Health and Human Services recognizes the importance of providing healthy, nurturing environments for our nation's youth by funding the National Child Abuse Prevention Month; and WHEREAS, Healthy Families, Whole Child Indian River, and Connected 4 Kids Coalition work together to promote awareness of and prevent child abuse and neglect. NOW, THEREFORE, BE IT PROCLAIMED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board designates the month of April, 2014 as Child Abuse & Neglect Awareness & Prevention Month, and calls on all citizens to engage in awareness and prevention activities designed to make our community healthier and safer for all children. Adopted this 8th day of April, 2014 BOARD OF COUNTY COMMISSIONERS, RIVER QOUNTY) FJ9ORIDA Peter D. O'Bryan, Chairman We y S. Davis, 'kfice Chairman eph E. Flescher Bob Solari Tinrc 1528 Presentation to Indian River County Board of County Commissioners April 8, 2014 EZone Program Overview • Program began 1982 — one of the first in U.S.; administered by Dept. of Economic Opportunity • Designation requires legislative approval • Offers tax advantages to businesses • Indian River County designated Oct. 2005 — EZ #3101 • Currently 63 Zones in FL — Urban and Rural • Locally - Ft. Pierce, Palm Bay, Indiantown 4/0/2014 Encourage Private Investment in Distressed Areas FLORIDA ENTRPRISE. ZONES EZone Benefits • Sales Tax Refund on Equipment Purchases • Sales Tax Refund on Building Materials • Sales Tax, or Corporate Tax Credit, on New Jobs Created • Property Tax Credit on Increased Ad Valorem • Municipal Tax Exemption on Electricity • Community Contribution Tax Credit E C E ` IA RIVE VERO BEACH 4/8/2014 S.B. Chamber's Role — Designated by IR County as Primary EDO — Economic Development Director serves as Enterprise Zone Coordinator ➢ Coordinate EZDA Meetings ➢ Meet with New and Existing Businesses ➢ Conduct ➢ Legislative Issues Workshops ➢ Process Refund Requests 1.2 • Trade Shows • Ad Placements • Enterprise FL events • Relationship Building 4/9/2014 5.5. We Collaborate • Indian River County Government • City of Vero Beach, City of Fellsmere • Civic Organizations — Progressive Civic League of Gifford • CareerSource Research Coast • Enterprise Florida & Governor's Office • Other EZ Coordinators Indian River Couniv Funding - There are NO state or local funds allocated to the Enterprise Zone program - Refund requests processed through FL Dept of Revenue - Local Taxes Not Affected I.3 FY2012-13 Accomplishments Period Covering 10/1/12 — 9/30/2013 • Assisted 10 Prospective Businesses and Business Owners • Conducted 2 Workshops • Promoted the Program to Civic Groups, Local Government, Trade Show Video EZone Companies Include .. . • Piper Aircraft • Girard Equipment • Oculina Bank • Dragonfly Boatworks • Walgreens • Community Asphalt • Riverside Packing • UPS • IMG Citrus • Family Dollar* 4/®/2014 513. FY2012-13 Accomplishments • Jobs Filled = 119 (new/existing) • Capital Investment = $544,231 • 10 SHIP loans processed = $8,298 AND Legislative Awareness: Collaborated with EZ Coordinators in FL Thank You! Iricltan R+ccr co a t< Helene Caseltine, CEcD Economic Development Director Indian River County Chamber of Commerce 1216 21St Street Vero Beach, FL 32960 772-567-3491 directored@indianriverchamber.com 1.4 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: FROM: DIANE BERNARDO, FINANCE DIREC THRU: JEFFREY R. SMITH, COMPTROLLER DATE: March 27, 2014 SUBJECT: APPROVAL OF WARRANTS March 21, 2014 to March 27, 2014 HONORABLE BOARD OF COUNTY COMMISSIONERS 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 21, 2014 to March 27, 2014. Attachment: DB: MS 2 CHECK NBR 310100 310101 310102 310103 310104 310105 310106 310107 310108 310109 310110 310111 310112 310113 310114 310115 310116 310117 310118 310119 310120 310121 310122 310123 310124 310125 310126 310127 310128 310129 310130 310131 310132 310133 310134 310135 310136 310137 310138 310139 310140 310141 310142 310143 310144 310145 310146 310147 310148 310149 310150 310151 310152 310153 310154 310155 310156 310157 CK DATE 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 l ITJLLKJ W KI I I IMN VENDOR PAUL CARONE PAUL JULIN LINDSEY GARDENS APARTMENTS CREATIVE CHOICE HOMES XVI LTD PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER INVESTMENT REALTY INC THE PALMS AT VERO BEACH ED SCHLITT LC JOHN COLONTRELLE ARTHUR PRUETT JOSEPH LOZADA LUCY B HENDRICKS HFB OF FLORIDA LLC EARRING POINT PROPERTIES ANDRE DORAWA STEVEN F BERNYK MARK KNOWLES VIRGINIA PINES PAULA WHIDDON GATOR INVESTMENTS JAMES W DAVIS NITA EZELL DANIEL CORY MARTIN CRAIG LOPES PAULA ROGERS & ASSOCIATES INC FREDDA LOZADO MTD4 PELED LLC FIVE STAR PROPERTY HOLDING LLC WILLIAM LEE E EDWARD VAANDERING STUART BREEZES LLC MARK BAER 33 MILES EAST INVESTMENTS LLC PORT CONSOLIDATED INC ROBINSON EQUIPMENT COMPANY INC TEN -8 FIRE EQUIPMENT INC VERO CHEMICAL DISTRIBUTORS INC RICOH USA INC RICOH USA INC ALARM PARTNERS VELDE FORD INC AT&T WIRELESS DATA FLOW SYSTEMS INC SUB AQUATICS INC DELTA SUPPLY CO E -Z BREW COFFEE & BOTTLE WATER SVC KELLY TRACTOR CO SAFETY KLEEN SYSTEMS INC DEMCO INC MCMASTER CARR SUPPLY CO AMERIGAS EAGLE PROPANE LP CHANDLER EQUIPMENT CO INC HACH CO ALLIED ELECTRONICS INC KSM ENGINEERING & TESTING INC RELIABLE SEPTIC AND SERVICE AMOUNT 4,014.00 623.00 769.00 286.00 1,511.00 1,440.00 544.00 481.00 516.00 544.00 509.00 410.00 2,368.00 574.00 644.00 410.00 545.00 929.00 634.00 438.00 553.00 605.00 293.00 488.00 1,277.00 350.00 1,300.00 374.00 423.00 825.00 647.00 575.00 565.00 28,374.00 1,134.00 58,330.31 65.90 1,084.59 171.10 242.81 150.40 122.16 5,371.35 405.59 2,302.25 555.00 71.99 6.49 1,950.80 548.00 103.18 492.28 3,345.55 3,300.00 2,010.36 63.14 5,313.00 9,600.00 1 3 CHECK NBR 310158 310159 310160 310161 310162 310163 310164 310165 310166 310167 310168 310169 310170 310171 310172 3101.73 310174 310175 310176 310177 310178 310179 310180 310181 310182 310183 310184 310185 310186 310187 310188 310189 310190 310191 310192 310193 310194 310195 310196 310197 310198 310199 310200 310201 310202 310203 310204 310205 310206 310207 310208 310209 310210 310211 310212 310213 310214 310215 310216 310217 CK DATE 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 VENDOR BOUND TREE MEDICAL LLC EGP INC VERO INDUSTRIAL SUPPLY INC DIVE RESCUE INTERNATIONAL INC EXPRESS REEL GRINDING INC TIRESOLES OF BROWARD INC OXFORD UNIVERSITY PRESS FIRESTONE COMPLETE AUTO CARE CENTER POINT INC DELL MARKETING LP GENERAL PART INC BLAKESLEE SERVICES INC BAKER & TAYLOR INC MIDWEST TAPE LLC MICROMARKETING LLC K & M ELECTRIC SUPPLY HARRINGTON INDUSTRIAL PLASTICS LLC GO COASTAL INC SUNSHINE SAFETY COUNCIL INC THYSSENKRUPP ELEVATOR TJNDALE-OLIVER & ASSOCIATES INC PST SERVICES INC INDIAN RIVER COUNTY HEALTH DEPT INDIAN RIVER COUNTY HEALTH DEPT MEDICAL EXAMINERS OFFICE VICTIM ASSISTANCE PROGRAM ROGER J NICOSIA CITY OF VERO BEACH CITY OF VERO BEACH CITY OF VERO BEACH ILLINOIS STATE DISBURSEMENT UNIT CHAPTER 13 TRUSTEE UNITED WAY OF INDIAN RIVER COUNTY TEAMSTERS LOCAL UNION #769 INDIAN RIVER ALL FAB INC UNITED PARCEL SERVICE INC INDIAN RIVER COUNTY SHERIFF JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES HENRY FISCHER & SONS INC HUMANE SOCIETY KRUGER CONSTRUCTION CORP PUBLIX SUPERMARKETS PUBLIX SUPERMARKETS VERO BEACH HIGH SCHOOL SAN MARCO INTL INC TOTAL TRUCK PARTS INC INTERNATIONAL GOLF MAINTENANCE INC EXCHANGE CLUB CASTLE GEOSYNTEC CONSULTANTS INC DUMONT COMPANY INC INDIAN RIVER HABITAT PASSAGE ISLAND HOMES WEST PUBLISHING CORPORATION DUNKELBERGER ENGINEERING & TESTING ELIZABETH MARTIN TYLER TECHNOLOGIES INC CITY OF SEBASTIAN SPRINT SPECTRUM LP SPRINT SPECTRUM LP AMOUNT 449.68 300.94 110.00 105.00 2,000.00 4,279.19 143.80 1,046.88 55.46 15,161.20 795.11 710.00 2,270.65 1,059.68 332.83 114.45 347.20 70.00 740.00 695.26 14,988.08 25,737.78 94.41 44,543.41 22,974.08 4,428.66 1,500.00 3,313.06 2,011.99 11,612.50 142.32 478.38 838.94 5,304.00 2,531.67 271.51 56,000.00 2,919.03 4,992.00 725.00 22,095.00 45.00 66.95 70.91 600.00 344.15 338.49 85,581.00 3,634.33 746.24 3,510.00 28,009.18 61.64 97.00 4,766.00 97.46 2,075.00 19,995.54 29.06 79.04 2 4 CHECK NBR 310218 310219 310220 310221 310222 310223 310224 310225 310226 310227 310228 310229 310230 310231 310232 310233 310234 310235 310236 310237 310238 310239 310240 310241 310242 310243 310244 310245 310246 310247 310248 310249 310250 310251 310252 310253 310254 310255 310256 310257 310258 310259 310260 310261 310262 310263 310264 310265 310266 310267 310268 310269 310270 310271 310272 310273 310274 310275 310276 310277 CK DATE VENDOR 3/27/2014 VERO HERITAGE INC 3/27/2014 CALLAWAY GOLF SALES COMPANY 3/27/2014 CYNTHIA DEAN 3/27/2014 FLORIDA POWER AND LIGHT 3/27/2014 INDIAN RIVER COUNTY TAX COLLECTOR 3/27/2014 GAIL E FLINN 3/27/2014 CITY OF FELLSMERE 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 SUNSHINE STATE ONE CALL OF FL INC JOSEPH A BAIRD FLORIDA DEPT OF ENVIRONMENTAL PROTECTION HOMELESS FAMILY CENTER INC UNITED HEALTH CARE INS COMPANY GREY HOUSE PUBLISHING GIFFORD COMMUNITY CENTER EMBASSY SUITES HOTEL PITNEY BOWES INC MISDU MICHIGAN STATE ALAN C KAUFFMANN CIGNA NAEMT JWC ENVIRONMENTAL WESTSIDE REPROGRAPHICS OF VERO BEACH INC BLUE CROSS BLUE SHIELD ADVANCED XEROGRAPHICS IMAGING DONADIO AND ASSOCIATES ARCHITECTS PINNACLE GROVE LTD C & C ELECTRIC WORKS INC INDIAN RIVER MOSQUITO PERKINS COMPOUNDING PHARMACY RUSSELL PAYNE INC CELICO PARTNERSHIP BOYLE & DRAKE INC FLORIDA DEPT OF JUVENILE JUSTICE JOSEPH W VASQUEZ JOHN DURAN THE CLEARING COMPANY LLC DASIE BRIDGEWATER HOPE CENTER INC FLORIDA RURAL LEGAL SERVICES INC JOHN G VETTER MBV ENGINEERING INC DICKERSON FLORIDA INC AWERBACH & COHN PA GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT MARKS AIR CONDITIONING, INC ARDAMAN & ASSOCIATES INC METRO FIRE PROTECTION SERVICES INC 1ST FIRE & SECURITY INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC KENNY CAMPBELL JR RICHARD VAN ZYL TARGET SAFETY.COM INC SCNS INC JOHNNY B SMITH SAINT EDWARDS SCHOOL INC EARLY LEARNING COALITION OF INDIAN RIVER CHARLES A WALKER FISHER & PHILLIPS LLP AMOUNT 700.00 537.00 81.88 140,026.48 129.10 352.00 18.58 1,097.25 130.00 250.00 1,666,45 382.51 382.50 2,622.33 198.00 7,428.00 445.75 100.00 88.21 165.00 8,557.00 56.10 363.59 1,201.88 3,086.44 700.00 9,721.00 4,992.00 231.73 517.02 1,552.88 2,750.00 29,487.59 60.00 7.00 745.00 7,786.68 2,834.70 450.00 7,309.25 812,250.34 3,917.40 1,777.66 209.48 212.32 118.47 3,435.00 6,653.00 515.50 95.00 108.39 60.00 70.05 24,765.00 10.00 60.00 1,780.00 2,922.40 100.00 2,725.00 3 5 CHECK NBR 310278 310279 310280 310281 310282 310283 310284 310285 310286 310287 310288 310289 310290 310291 310292 310293 310294 310295 310296 310297 310298 310299 310300 310301 310302 310303 310304 310305 310306 310307 310308 310309 310310 310311 310312 310313 310314 310315 310316 310317 310318 310319 310320 310321 310322 310323 310324 310325 310326 310327 310328 310329 310330 310331 310332 310333 310334 310335 310336 310337 CK DATE 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 VENDOR AMOUNT REDLANDS CHRISTIAN MIGRANT ASSOC 481.36 CUMBERLAND FARMS 75.00 AFFORDABLE WATER & COFFEE SVC 1,950.00 BENNETT AUTO SUPPLY INC 369.27 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 1,482.13 60.00 407.65 1,121.79 6,875.68 1,990.00 72.73 140.00 LLC 150.00 1,200.00 39.86 369.73 366.89 121.02 118.43 2,833.33 60.00 1,750.00 60.00 76.16 2,410.00 91.61 775.00 6,147.10 299.20 651.99 1,040.00 17.28 13.29 300.00 247.29 13,818.00 65.02 450.00 3,035.20 52.07 60.00 138.40 9,200.00 6,556.93 1,150.00 95.87 159.95 50.00 432.05 562.40 90.00 89.06 140.00 2,057.63 70.00 952.00 33,408.56 15.00 63.17 395.00 SANDY ARACENA FLORIDA MEDICAID LARIAT ENTERPRISES INC BRENNTAG MID -SOUTH INC SYMANTEC CORP TD BANK BUSH ROSS PA ATLANTIC COASTAL LAND TITLE CO TIMOTHY L BECHTOLD SAFEGUARD PROPERTIES DELRAY MOTORS OVERDRIVE INC MARIA RESTO FCC ENVIRONMENTAL LLC FLORIDA ENVIRONMENTAL CONSULTING INC RAYMOND J DUCHEMIN INTEGRITY LAWNS & LANDSCAPING KEITH GROCHOLL JMC SERVICES INC GFA INTERNATIONAL INC MARY DIEHL B & E PROPERTY MAINTENANCE COUNTY MATERIALS CORPORATION DEONDRA J DONLEY CENTRAL FLORIDA GOLF CARS INC VINCENT BURKE REPROGRAPHIC SOLUTIONS INC AMERICAN MESSAGING SERVICES LLC BRYAN KLASSEN LOWES HOME CENTERS INC LABOR READY SOUTHEAST INC PPG ARCHITECTURAL FINISHES INC KYLE ANDERSON LEARNING ALLIANCE WILLIAM C CARROLL WILLIAM SHOAF JR KANSAS STATE BANK OF MANHATTAN HINNANT SOLUTIONS INC STEWART & STEVENSON FDDA LLC ALL-DADE DRIVEWAY MAINTENANCE CO HARALD BRILL RW PRODUCTIONS INC DENISE MCELROY DON JOHNSTON ROGER KEATHLEY NATIONALASSOCIATION OF EMS EDUCATORS JRVING RODIN CONSTANCE TAIBI-LEWIS KEVIN CLUTE JONATHAN HUDSON BOSTON PARK PLAZA HOTEL AND TOWERS JOHN P GENONI AR CHOICE MANAGEMENT INC RODNEY AARON 2 LIVE PRODUCTIONS 4 6 CHECK NBR 310338 310339 310340 310341 310342 310343 310344 310345 310346 310347 310348 310349 310350 310351 310352 310353 310354 310355 310356 310357 310358 310359 310360 310361 310362 310363 310364 310365 310366 310367 310368 310369 310370 310371 310372 310373 310374 310375 310376 310377 310378 310379 310380 Grand Total: CK DATE 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 VENDOR TAMMY BOGART 1ST D&M LLC SCHLITT PROPERTY MANAGEMENT PIA RENTAL LLC JANENE M HOLLAND HERBERT J HAHN VERNON LEE LEPFERT TRACY PYKE VILMA LOPEZ BEVERLY BOMBICINO MICHAEL & ROBIN HYDE JACK HARTY ROBERT & JOANNE AYCOCK DON & BETTY WELLS RIGOBERTO BANUELOS CORNELIA ZAHN INDIAN RIVER COUNTY SHERIFF AL V BLAZE JORDAN PARKER ERIN MONTEGUT DUSTIN STRATE MIKE HELMS KIMBERLY DIMINO RANDALL SCHEUCH SIMPLY STUNNING BOUTIQUE VALERIE ROBERTS TANGEE M OVERLY JANA CORNELISON DE MOYA GROUP INC KAY STANFIELD TAMARA PEEK SCOTT WHEELER. BRENNAN BAKER STAN & SALLY FELLER BARBARA BLALOCK VB THREE OAKS LLLP CHEALSEA CLARK WRIGHT CAPITAL FUND LLC FLORIDA TAX LIEN ASSETS IV LLC ALFRED & MARYANN POLIDORO LORI CAPEZIO ANDREW FERGUSON CHRISTINA MCISAAC AMOUNT 14.14 60.43 36.47 42.46 12.19 71.81 74.77 37.55 42.19 41.11 112.79 113.23 30.54 65.67 25.79 6.75 61.38 5.53 11.14 40.70 68.73 59.69 7.12 44.72 107.59 40.68 25.58 43.64 819.14 22.14 5.77 20.59 46.86 56.84 52.93 65.32 74.70 35.96 57.49 38.75 13.33 48.23 7.37 1,770,950.21 5 7 TRANS. NBR 1003741 1003742 1003743 1003744 1003745 1003746 1003747 1003748 1003749 1003750 1003751 1003752 1003753 1003754 1003755 1003756 1003757 1003758 1003759 1003760 1003761 1003762 1003763 1003764 1003765 1003766 1003767 1003768 1003769 1003770 1003771 1003772 1003773 1003774 1003775 1003776 1003777 1003778 1003779 1003780 1003781 1003782 1003783 1003784 1003785 1003786 1003787 1003788 1003789 1003790 1003791 1003792 1003793 1003794 Grand Total: J Lr,l;1XUN1C.;YAY1VthN1 - VI3ACAW DATE 3/20/2014 3/20/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/21/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/25/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/26/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 3/27/2014 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC SAFETY PRODUCTS INC LIGHTSOURCE IMAGING SOLUTIONS LLC INDIAN RIVER BATI ERY MIKES GARAGE & WRECKER SERVICE INC ARAMARK UNIFORM & CAREER APPAREL LLC VERO COLLISION CENTER DEERE & COMPANY SEBASTIAN OFFICE SUPPLY CO SOUTHERN JANITOR SUPPLY INC S & S AUTO PARTS REPUBLIC SERVICES OF FLORIDA REPUBLIC SERVICES OF FLORIDA REPUBLIC SERVICES OF FLORIDA REPUBLIC SERVICES OF FLORIDA PARKS RENTAL & SALES 1NC SAFETY PRODUCTS INC REPUBLIC SERVICES OF FLORIDA MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO ABCO GARAGE DOOR CO INC HOMELAND IRRIGATION SOUTHERN COMPUTER WAREHOUSE CENGAGE LEARNING CORPORATION SEBASTIAN OFFICE SUPPLY CO FERGUSON ENTERPRISES INC SCRIPPS TREASURE COAST PUBLISHING LLC SHRIEVE CHEMICAL CO RECHTIEN INTERNATIONAL TRUCKS FLAGLER CONSTRUCTION EQUIPMENT LLC SYNAGRO-WWT INC POLYDYNE INC SOUTHERN JANITOR SUPPLY INC CAPITAL OFFICE PRODUCTS S & S AUTO PARTS HORIZON DISTRIBUTORS INC EVERGLADES FARM EQUIPMENT CO INC COMMUNICATIONS INTERNATIONAL NORTH SOUTH SUPPLY INC ALLIED UNIVERSAL CORP AUTO PARTNERS LLC ALLIANCE BUS GROUP INC L&L DISTRIBUTORS S & S AUTO PARTS HARRIS SANITATION INC AT&T WHEELABRATOR RIDGE ENERGY INC LIGHTSOURCE IMAGING SOLUTIONS LLC REPUBLIC SERVICES OF FLORIDA PRIDE ENTERPRISES SOUTHERN JANITOR SUPPLY INC CUSTOM PRODUCTS CORPORATION CON -AIR INDUSTRIES INC AMOUNT 7,691.85 746.53 228.30 153.00 619.00 55.00 1,362.00 2,796.00 813.81 62.24 195.52 81.75 95,576.74 95,576.76 120,924.41 120,924.40 493.00 615.66 73.72 55.00 42.54 256.05 37.88 259.32 143.94 88.28 3,074.65 216.36 2,907.24 10,453.89 119.41 64,199.13 2,576.00 2,229.00 732.48 568.76 56.83 394.08 49.50 82.73 5,249.75 378.06 324.77 187.79 178.07 78,264.75 3,989.43 6,067.25 85.50 212.00 61.85 1,105.53 2,195.70 204.04 636,037.25 8 TRANS NBR 2903 2904 2905 2906 Grand Total: LLLLlKUINIU YH71VIt1N1 - WIKE 6L AL.t1 DATE 3/21/2014 3/21/2014 3/25/2014 3/26/2014 VENDOR CLOSE CONSTRUCTION LLC R .1 SULLIVAN CORP INDIAN RIVER COUNTY BENEFITS WORKSHOP AMOUNT 75,577.99 47,221.08 215,795.39 6.380.36 344,974.82 1 9 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: TO: THROUGH: FROM: SUBJECT: March 31, 2014 BOARD OF COUNTY COMMISSIONERS Joseph A. Baird, County Administrator Jason Brown, Director, Office of Management and Budget Jennifer Hyde, Purchasing Managet# Authorization to Execute Public Surplus Seller Agreement and Agreement for Payment Processing and Declaration of Excess Equipment Surplus for Sale or Disposal BACKGROUND: Historically, the county has disposed of surplus equipment at live auctions held jointly with several other local municipalities and constitutional agencies. Of late, the quantity and value of items to be sold has led to a decreased frequency of auctions, and concerns about storage, security and reliability of the items. Online auctions are becoming a more prevalent method for municipalities to dispose of surplus items, as they offer quick disposition, nation-wide visibility and limit or eliminate the need for staff to relocate equipment to a central location. Staff can post pictures and information on surplus items once they are approved for sale, and the buyer is ultimately responsible for removal. Both the City of Vero Beach and School District of Indian River County have been utilizing online auctions and are extremely pleased with both the process and results. Staff believes online auctions can also be beneficial to the county. OVERVIEW: The Purchasing Division has evaluated the two online auction providers primarily in use by other local agencies: Public Surplus (www.publicsurplus.com, used by the City of Vero Beach) and GovDeals (www.govdeals.com, used by the School District and Sheriff's Department). Both sites have a relatively equal number of municipalities in Florida enrolled and offer fairly similar features and support, however the associated fees differ. Administration fees and buyer's premium with GovDeals add up to 12.5% per sale (which can be partially paid by us as the seller, or passed on in its entirety to the buyer). Public Surplus charges a 7% buyer's premium and adds an additional 3% if we ask them to handle collection of payment (which can be passed M:1Public Surplus1040814 Agenda . Public Surplus Agreement and Declaration of Surplus.doc 10 CONSENT AGENDA on to the buyer, simply increasing the buyer's premium to 10%). At live auctions, our auctioneer collects a 10% buyer's premium. The Sheriff's Department plans to host a public auction at their facility on May 31, 2014, and we will attempt to sell the bulk of our surplus items there. We presently have a few items we would like to sell online, as they require extraordinary staff effort to remove from their current location. These items, as well as a few others we would like to test out online are shown on the attached excess equipment list. After the May 31, 2014 auction at the Sheriffs Department, we believe it will be most efficient for the county to sell surplus items online before the elements, vandalism, or lack of use have taken a toll on their value. With many of our live auction partners turning to online auctions, the pool of surplus goods to draw buyers to a live auction will decrease, however we will continue to utilize live auctions when practical. SOURCE OF FUNDS: No funding is required, as all expenses will be paid by the buyer. RECOMMENDATION: Staff recommends the Board 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. Staff further recommends the Board declare the items on the attached Excess Equipment List as surplus and authorize their sale and/or proper disposal through Public Surplus. Additional Excess Equipment lists will be presented to the Board as the date of the live auction nears. ATTACHMENTS: Excess Equipment List Public Surplus Seller Agreement Agreement for Payment Processing APPROVED AGENDA ITEM BY: roal_h4.�� JoseA. Baird, County Administrator 4Lr �DJ/ M:1Public Surplus1040814 Agenda - Public Surplus Agreement and Declaration of Surplus.doc Indian River Co Ap ed Admin ''►i�I !a' Legal 1 Budget P. �/• G/� Department Risk Manager 11 <A: \f� §�2 \� 2 ; •/ �: §A3 o \4 :# } - x*k»»4 a c; o # > > / ; ; » 0 0 > 4k 0 4»w»w»kZ 13; 13; 0 0 o zx/ c Serial Number k / JCM10281 1FTSS34L041776 DIAML2C40J253 8 YR671671 10564882 ZM4640679 000088 001722 § _ \ \ § 41D1358 33105594 210000171 m /§ .\ \ \ \A' \�\ 2i\ & « (Best UPS System Canon Ima • erunner 5020I Cosier 618 2004 Ford E3500 Car • o Van 610 2000 Ch sler Vo . • er Van Misc. Exercise E • ui . ment at GAC Manitowac Ice Machine Thin CIient Computer Fujitsu FI 4120c Scanner Fujitsu FI 4120c Scanner Fujitsu FI 4120c Scanner HP Deskjet 6122 IBM Dot Band Printer Canon PC80 Microfilm Reader Canon PC80 Microfilm Reader - Auto Carrier Kit Kodak Prostar Archive Processor Exter 3100 Microfilm Duplicator Trimlite RC Reader 5001 Ultrasonic Film Splicer Free Standing Red Light Viewer Takeup Reel Crank KB Debris Blower Toro Reelmaster 6500-D Mower Pro -Flex 120 Rotary Finishing Mower Toro Turf Aerator NEC Elite IPK Telephone System «k\ \$ \ \ % Property 118020 Appraiser o �0,@Nr eCts n ON NN_Qe « 4 20970 21015 24400 N/A 11483 9610 14470 21696 8060 3696 13872 I96790 201230 22651 188260 22291 Communi Dev Animal Control Telecomm Recreation Recreation Property A. aiser Property A raiser Property Appraiser & e"5B /afke &[A§ /kff/ ±/Q/&i e Finance Finance Finance Finance Finance Finance Finance Sandrid • e Sandrid:e Sandridge Sandndge Sandridge ^ :2 u. a`k P . . \ \\R r� - $/_- §a\\\ - - « \ 3/31/14 3/31/14 2 \ 3/31/14 3/31/14 3/31/14 3/31/14 3/31/14 3/31/14 3/31/14 711,114A M / • 2' \! / 12 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 (1) 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. 13 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. No Disruption to Our Site or Services. 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) (11), 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 14 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, 15 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 extent 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 §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 extent 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. 16 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 17 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) wilt 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 18 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 Public Surplus: By: By: By: Peter D. O'Bryan, Chairman osep A. Baird, County Administrator APPROVE AS TO FORM AND AL SUFFICIENCY: By: IL-.:. 4Pylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: JenniferJivde Title: Purchasing Manager 1800 27th Street Vero Beach, FL 32960 (772) 226-1575 Facsimile: (772) 770-5140 Attest (Contracto (CORPORATE SEAL) 59 J, Address for giving notices: f'o & 506-14, k�rrvv uT g46os 19 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 (111) 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. 20 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 usemame 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 usemame 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: 21 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 22 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 ail 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 less 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, 23 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 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. 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. 24 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, 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 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. 25 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 safe 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 By: By: Peter D. O'Bryan, Chairman Joseph A. Baird, County Administrator APPRO • • TO •RM • . • LSUFFICIENCY: /1 ,. By: � :'► s... rici4eingold, 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 Public Processing, LLC: 13v: (Contractor) (CORPORATE SEAL) Attest rT�; ,�,FG�i Address for giving notices: Po s/76 7 Pi /A UT 84bc 26 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director DATE: March 25, 2014 SUBJECT: 43RD AVENUE ADVANCE ACQUISITION OF RIGHT-OF-WAY CONSENT DESCRIPTION AND CONDITIONS Barbara E. Mathis Habora owns a single family home located at 1835 43"0 Avenue, Vero Beach. Ms. Habora recently listed the house for sale and the County was approached by their realtor to see if the County might be interested in buying the property for right-of-way and stormwater retention for the future widening of 43rd Avenue. If acquired, the County would utilize the 1+ acre property for a stormwater retention pond. The 1.12 acre parcel is located in the Pinewood Subdivision and includes Tots 10, 11, 14, 15 and a portion of Lot 16. The property is split -zoned with 0.68 acres zoned as Residential/RS-3 and 0.44 acres zoned as Office/PRO. There is a wood frame house on the property that was built in 1946. It is serviced by City of Vero Beach Utilities. The County's offer of $230,000.00 has been accepted by the owner, however it is contingent upon Board approval. A recent appraisal of the property performed by Armfield and Wagner, a Vero Beach appraisal firm, values the property at $240,000.00. Improvements to 43rd Avenue will consist of widening to four lanes with a dedicated center left tum lane. Many parcels of right-of-way will have to be taken from single family home sites. When Ms. Habora's realtor advised the County that this parcel was listed for sale, staff weighed the cost of purchasing the parcel on the open market now versus taking the parcel later via eminent domain. Staff reasoned that buying the property now would be far less expensive and would avoid the expert witness costs and attorney's fees incurred in the eminent domain process. FUNDING: Funding for this project is scheduled to begin in FY 14/15. If approved, funds from Optional Sales Tax/Miscellaneous Right of Way will be transferred to the project, Optional Sales Tax/43rd Avenue - 18t Street to 26th Street, Acca 31521441-066120-06041. STAFF RECOMMENDATION: Staff recommends the Board approve the attached Contracts for Sale and Purchase of the Habora parcel for $230,000 and authorize the Chairman to execute the contract on behalf of the Board. APPROVED AGENDA ITEM FOR: April 8, 2014 BY: M:\Agenda Items\}{abora ROW purchase 03-25-14.doc Indian River County Appro• Date Administration 0/..//. Budget . ( _ 414 Legal d f� 3 --1 - i y Public Works 3 - 3 1- I y -9 fi 27 Page 1 - Run at: 3/25/2014 LL U 0 O in .03 0. 0.0. 0 E a`O cQ0 O O ll O �.o c o 0 g `mC) > M M fC U a c X4333900010000000010.• CC b 1 c co N L J ❑ °5 W CC > Tr O 1N �v0 �0 N co _iaa 10 Q 'n W CA 2 F- N 2 0 g 2M 7 °� CO co Z03 0 J COIC J 3 w `,' NN '�>CD z Z Q al.LJLCS etl2LL m 0CZ CC>r> i13 oaw QO Mm❑<❑ Qo X12 .m WO 0 z o= CC Mm(ri m0 -� ci_ 0 3 Cb oc, a) m Z co u' ` z o +p8m W=�>°r° >O_ 0UU.of.Om 0re m G. Q (n o -J € W d C WQ a. w0Aa a_z¢ cc x H z W m ❑ W O O 0 0 (h CO mt U) C0 '4 Qrr1 r r rzr r 69 69 69 69 0 CCOOQ. 0)NN TpLo. el. co. � 000 V 0~ 9 69 OO O OCOO‘- CI > N N N CO a 6°!696964 p �SNN .3N(c. 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Q O O 00 J CD z 45 m o v -613 2mP- <-VW .7 n V Vv NVC WC »e .00x2, a) C. lc=u.W 1;45UvAW)-u]0a 8 8 co J II Z.- Q c Z p 0 C 0 OO'36 cz.q1 o m C0 a w ns-iocom y o -1Z� aw3 mea 00_J m0a Dz$ mU= CC55O O El 8? ao a o 8 CI M Zi 0 M CO N JZ Z ▪ N CO E 41 m E co m W oeoto( o ?• i �o m pvaz 3 0 x �rnc 2 2LL W �aa�icrgg�'�0 W� r4ma44vowU) u.rmm-- 29 "AS IS" Residential Contract For Sale And Purchase THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR River E. Mathis Htibor8 r (Teller), PARTIES: daa= e totoo*,F�rx� (Buyer"), r and In a :agree that Seller Shell sell and Buyer • siall buy the following described Real Properly and Personal Property (collectively "Property") pursuant to the terms end condaions of this AS IS Residential Contract For Sale And Purchase and any riders and addenda (Contr8Ct"): 1, PROPERTY DESCRIPT1sNc (a) Street address, city, zap 1835 43rd Avenue, Vero Beach, Florida 32960 rida. Real erly D No.: (b) ProPertY 9s [coated e Indian Rive[' Lots County, o1 14 and 15 getheerrwith naming portion of Lot 6'oPinewood 6 (c) Real Property: The legal descrlptior: ie Subdivision ing to the Nat tied in the office rit the Clerk of Indtsn River Count r�tn II together with all existing improvements and ibdu'es, including built-in appliances, built-in furnishings end attached wal-to-wall carpeting and toonng ("Real Property) unless specifically excluded in Paragraph 1(e) or by other term of this Contract. (d) Personal Property Unless excluded in Paragraph 1(e) or by other tents of this Contract, the foliating items which are owned by Setter and existing on the Property as of the date of the initial offer are Included to the purchase: renge(s)/oven(s), refrigerator(s), dlshwashef(s), deposal, ming fen(s), Intercom, light fixture(s), drapery rods and draperies, blinds, window trealinents, smoke detector(:), garage door opener(:), security gate and other access devices, and storm shutterslpenels ("Personal Property). Other Personal Property Items included In this purchase are: 2r Personal Property is inducted in the Purchase Price, has no contrriaub:ry value, ;and :trail be tett far the Buyer. 23- (e) The following items are excluded from the purchase: Zkr, AWN* 4 b 6 7. ts' sr 10 11 i2 is 14 q5 16 17 13 19 20" 24 2a PURCHASE PRICE AND CLOSING _ _ .. 2r, 2. PURCHASE PRICE (U.S. currency): _ .. $ —iegIteefr.0rr1,OOD,00 y. (a) initial depositto be held in escrow in the amount of (checks subject to COLLECTION) ................$ 28 The initial deposit made payable and delivered to `Escrow Agent" named below 22. (CHECK ONE): (i) p accompanies offeror (UM Is to be made Wan s (if left blank sn then 8) days after Effective Date. IF NEITHER BOX IS CHECKER, THEN OPTION (if) 31 SHALL BE DEEMED SELECTED. Rick Baker Realty, LLC EscrowAgent Informa5an: Name: s- Address: 9015 Americana Edd. ilF, Vero Bead'►, ftoride 32986 34. Phone: (772) 56705551 E-mail: nick ireallc corn Farr ) 6670548 33- (b) Additional deposit to be delivered to Escrow.Agentwfiirrr (If left blank, then 10) se• days after Effective Date..__...._. _._....._........................_._..............._.... _ _ $ 37 (Ail deposits paid or agreed to be paid, are collectively referred toes the `bepostr) 68- (c) Financing: Express as a dollar mount or percentage (Loan Amount') see Paragraph 8 SP (d) Other 40 (e) Balance to close (not including Buyer's closing costs, prepalds and proratons) by = 2.2_9j acn v2 Y 'y - 0, 41 • transfer or other COLLECTED funds........ _ ............... ,u, NOTE: Fortbe deflnition of "COLLECTION° or -COLLECTED- see STANDARD 3. ,q 3. TIME FOR ACCEPTANCE OP OFFER AND COUNTER OFFERS, EFFECTIVE DATE: 44* (a) If not signed by Buyer Ant} Seller, and an reoecuted copy delivered to all parties on or before Meats 21, 2014 ,i. , this offer shall be deemed withdrawn and the Deposit, if any, shall be returned to es Buyer. Unless otharwlse stated, time for aoceptence of any counteroffers shalt be talthtn 2 days after the day the 47 counter-offer is delivered. 40 (b) The effective date of this Contract shat be the date when the fast one of the Buyer and Seller has signed or initialed ar; end delivered this offer or final counter-offer (Effective iDate"). so 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and 51 The closing documents required to be furnished by each party pursuant to this Contract shall be delivered ("Closing") on 62, April 18, 2014 (°Closing Date"), et the three established by the Closing Agent es 5. SION OF CLOSING DATE: ya (a) if Closing funds from Buyer's lender(:) are not available at time of Closing due to Truth In Lending Act (11LA) notice es requirements, Closing shall be extended for such period necessary t4 satisfy T1LA notice requirements, not to 5i exceed 7 days. r) _ p 1 aril Seller's Int "tea • c u y Salver's Initials g .___.__ . M riot rued, AaridaRealtorsJFlnddsrBar�A5Is-2 Rev,S113 rd 2013 Fbrba Realtncs and The F30642 ear. ots reseformsimplicity 230sc6. co vq,.. 30 Z7 (b) If extreme weather or other condition or event constituting 'Ponce Majeure" (see STANDARD G) causes: (1) ,g d5sruption of ufi"Gbes or other services essential for Closing or [t) Hazard, Wild, Flood or Homeowners' insurance, ea to become unavailable prior to Closing, Closing shall be extended a reasonable time up to 3 days after restoration 6o of utilities and other services essential to Closing and availability of applicable Hazard, Wind, Flood or et Homeowners' insurance. if restoration of such uffitties or services end availability of insurance has not occurred s2' within (if left blank, then 14) days after Closing Date, then either party may terminate this Contract by ea defreering written notice to the other party, and Buyer shall be refunded the Deposit, thereby releasing Buyer and 64 Seller from all futtherobilgaiions under this Contract 6s 6. OCCUPANCY AND POSSESSION: • 66 (a) Unless the boor in Paragraph 6(b) is checked, Seller shaft, at Closing, dealer occupancy and possession of the sr Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, Seller shell have removed all 68 personal items and trash from the Property and shalt deliver all keys, garage door openers, access devices and es codes, as applicable, to Buyer. if oocupancy is to be delivered before Closing. Buyer assumes all risks of loss to the et Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be 71 deemed to have accepted the Properly in ils existing condition as offline of taking occupancy. 72* (b) 0 CHECK IF PROPERTY iS SUBJECT TO LEASE(S) OR OCCUPANCY AFTER CLOSING. tf Property is re subject to a lease(s) after Closing or Is intended to be rented or occupied by third pales beyond Closing, the facts 74 and terms thereof shall be disclosed in writng by Seger to Buyer and copies of the written lease(s) shall be rs delivered to Buyer, all within 5 days alter Effective Date. if Buyer determines, in Buyer's sole disoretion, that the 76 lease(s) or terms ref occupancy are not acceptable to Buyer, Buyer may terminate this Contract by deliVery of rr written notice of such election to Seller within 5 days after receipt of the above kerns from Seiler, and Buyer shall be 7$ refunded the Deposit thereby releasing Buyer and Seller from all further obligations under this Contract. Estoppel 76 Letter(s) and Seller's affidavit shall be provided pursuant to STANDARD D. If Property is intended to be occupled at . by Seller after Closing, see Rider U. POST -CLOSING OCCUPANCY BY SELLER. sr 7. ASSIGNABILITY: (CHECK ONE): Buyer 0 may assign and thereby be released from any further liability under this Sr Contract♦ 0 may assign but not be released from liability under this Contract or 0 may not assign this Contract. se FINANCING m 8. FINANCING: ' (e) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing contingency to se fluor* obligation to close . 6r• 0 (b) This Contract is contingent upon Buyer obtaining a written loan commitment tor a 0 conventional 0 FHA II VA se- or 0 other (describe) loan on the following terms within (If left blank, then 30) days after is, Effective Date (`Loan Comrrnbnent Date") for (CHECK ONE): 0 faced, 0 adjustable, C( dad or adjustable rate loan h err the Loan Amount (See Paragraph 2(c)), at an iridial interest rate not to exceed % (if left blank, then prevailing 51• rate based upon Buyers creditworthiness), and for a term of (If left blank, then 30) years ("Financing'} sr Buyer shall make mortgage loan application for the Financing within (d left blank, then 5) days after hive 98 Date and use good faith and diligent effort to obtain a wrrten loan commitment for the Friendly ("Loan Commitment") e4 end thereafter to dose this Contract. Buyer shall keep Seiler and Broker fully informed about the status of mortgage as loan application and Loan Comrnitrnent end authorizes Buyer's mortgage broker and Buyer's tender to disclose such es status and progress to Seller and Broker. 87 es Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notica of carne to Seiler_ If Buyer does not re receive Loan Commitment by Loan Commitment Date, then thereafter either party may cancel this Contract up to the loo eariler of: 10t (I.) Buyer's derivery of written notice to Seiler that Buyer hes either received Loan Commitment or elected to taa wane the financing contingency of this Contract or los (iL) 7 days prior to Closing Date. UK If either party timely cancels this Contract pursuant to this Paragraph 8 and Buyer is not in default under the terms of tae this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer end Seiler from all further obligations wider 106 this Contrail. If neither party has timely pled this Contract pursuant to this Paragraph 8, then this financing 107 contingency shall be deemed waived by Buyer, los if Buyer delivers written notice of receipt of Loan Commitment to Seiler and this Contract does not thereafter dose, the ice Deposit shall be paid to Seller unless failure to dose is due to: (1) Seller's default; (2) Property related condition of the lie Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract); (3) 1i1 appraisal of the Property obtained by Buyer's lander Is insufficient to meet terms of the Loan Com or (4) the 112 loan is not funded due to financial failure of Buyers lender, In which event(s) the Deposit shall be returned to Buyer, tis thereby releasing Buyer and Seller from all further obligations Emden this Contract. Buyer's Initials FiaridaRealtors/Ftori • :: 5-2 Rev2/13 48 2019 Florida Realtors° and The Fiarkie Bar. All rlgbts reserved. See* od4-muss•ssessor Page 2 of 1 l Seller's Initials fare tsi3Tiplicily 31 114• ❑ (c) Assumption of existing mortgage (see rider for terms). 115- ❑ (d) Purchase money note and mortgage to Seiler (see riders; addenda; or special clauses for terms). 116 CLOSING CO8TS, FEES AND CHARGES 1t7 9. CLOSING COSTS; TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: 118 (a) COSTS TO SE PAID BY SELLER: its • Documentary stamp taxes and surtax our deed, If any • HOAICondorn niurn Association estoppel fees 120 • Owner's Policy and Charges (if Paratgraph 9(c) (I) is checked) - Recording and otherfees needed to cure tine 121 - Title search charges (if Paragraph 9(c) (ii) is checked) • Seller's attorneys' fees in- • Other. 6% Real Estate Commisalon 123 if, prior to dosing, Seller Is unable to meet the AS IS Maintenance Requirement as required by Paragraph 11 a 124 sum equal to 125% of estimated costs to meet the AS IS Maintenance Requirement shall be escrowed al Closing_ If 126 actual costs to meet the AS 18 Maintenance Requirement exceed escrowed amount. Seller shalt pay such actual 128 costs. My unused portion of escrowed amount(s) shall be returned to Seller. iv (b) COSTS TO BE PAID BY BUYER: les - Takes and recording fees on notes end mortgages - Loan expenses las • Recordding fees for deed and financing statements - Appraisal fees 130 •Owners Policy and Charges (If Paragraph 9(c)(11) is checked) • Buyer's Inspections 131 • Survey (and elevation certification, If required) - Buyers attorneys' fees 132 • Lender's title policy and endorsements • All property related Insurance 133 • HOAICondonenium Association application/transfer fees • Owner's Policy Premium (rf Paragraph 134 9 (c) (Ii) is checked.) 136' • Other._ 139• (c) 7TTLE EVIDENCE AND INSURANCE: At least (If left blank, then 5) days prior to Closing Date, a title 1ST it trance corrtmdrnent Issued by a Florida licensed title insurer, with legible copies of instruments listed as Tea exceptions at1adted thereto ("Title Commitment") and, alter Closing, an owner's policy of title insurance (see 139 STANDARD A for tennis) shall be obtained and delivered to Buyer. If Seller has an owner's porrry dello Insurance 143 covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days alter Effective ve Dale. 141 The owner's title poky premium, title search, municipal lien search and closing eaMoes (collectively,-Ownar'S 142 Policy and Charged') shall be paid, as set forth below 143 (CHECK ONE): 144• ©(I) Seller shell designate Closing Agent and pay for Owner's Policy and Charges (but not including charges for 145 dosing services related to Buyer's lender's policy and endorsements and 1pan•closing, which amounts shall be paid les by Buyer to Closing Agent or such other provider(s) as Buyer may seteceX or 14r xp (II) Buyer shall designate Closing Agent and pay for Owners Policy and Charges and charges for closing 146 services related to Buyer's lender's policy, endorsements, and loan closing; or 14a- 0(iii) jMIANII-DADE/BROWARD REGIONAL PROVISiON): Seiler shall furnish a copy of a prior owner's policy of 153 the insurance or other evlderies of title and pay fees -foe (A) a Continuation or Update- of'slieh title evidence, +which 151 is acceptable to Buyer's title insurance underwriter for relssoe of coverage; (B) tax search; and IC) municipal ben 152 search. Buyer shall obtain and pay for post -Closing continuation end premium for Buyer'a owner's policy, and if 153' applicable. Buyer's lender's policy. Seller shall not be obligated to pay more than $ (if Ieit blank, 154 then $200.00) for abstract continuation ortitle search ordered or performed by Closing Agent las fd) SURVEY: At least 5 days prior to Closing, Buyer may, at suyel's expense, have the Real Property surveyed and 156 certified by a registered Florida surveyor ('Survey"). if Seller has a survey coveting the Real Property, a copy shall 157 be furnished to Buyer and dosing Agent within 5 days after Effective Date. 166• (e) HoME WARRANTY: At Closing, ❑ Buyer 0 Seger 12 WA shall pay for a home warranty plan issued by 15a• et a cost not to exceed $ . A home leo warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 1sr appliances In the event of breakdown due to normal wear and tear during the agreements warranty peeled. 162 (f) SPECIAL ASSESSMENTS: At Closing, Seiler shall pay: (I) the full amourrt of liens imposed by a pubfic body 168 ("public body does not include a Condominium or Homeowner's Association) that ere certified, confirmed and 164 ' ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an 165 improvement which Is substantially completeas of Effective Date, but that has not resulted in a Gen being imposed 165 on the Property before Closing. Buyer shall pay ail other assessments. If special assessments may be paid in 157 installments (CHECK ONE): 168' D (a) Seller shall pay Installments due prior to Closing and Buyer shall pay Installments due after Closing. 169 installments prepaid or due for the year of Closing shall be prorated. 177 0 (b) Seller shall pay the asaesement(e) in full prior to or et the time of Closing. 171 1F NEITHER BOX is CHECKED, THEN OPTION (a) SHALL BEDEWED SELECTED. Buyer's initials ' Page 3 of 11 Seller% ;deals PeddaReertors/Flor1daBav-ASIS-2 Rsv.8113 C 2013 Florida Resitarseand'ihe F-lotida Dar. Alt rights reserved. sawn soe321a0013114or230to1i1F,?3;:Ji;Ci$.y 32 172 Thts Paragraph 9(f) shed not apply to a special benefit tax lien Imposed bye community development district (CDD) 173 pursuant to Chapter 190, F.S., which lien shall be prorated pursuant to STANDARD K. 174 DISCLOSURES 175 10. DISCLOSURES: ire (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building In sufficient 17r quantities, may present health risks le persons who are exposed to it over time. Levels of radon that exceed federal Ira and state guidelines have been found in buildings in Florida. Additional Information regarding radon and radon 179 testing may be obtained from your county health department. 139 (b) PERMITS DISCLOSURE: Except as may have bean disclosed by Seller to Buyer in a written disclosure, Seiler ear does not know of any improvements made to the Property which were made without required permits or made 182 pursuant to permits which have riot been properly closed. 1aa (c) MOLD: Mold Is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 184 desires additional information regarding mold, Buyer should contact an appropriate professional. 1115 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood zone ,aa the Properly is in, whether flood insurance is required by Buyer's lender, and what restrictiens apply to improving 187 the Property and rebuilding in the event of casualty. if Property is in a "Special Flood Hazard Area" or "Coaster 189 Barrier Resources Act' designated area or otherwise protected area identified by the U.S. Fish and Wildlife Servile 159 under the Coastal Bernier Reaotsces Act and the lowest floor elevation for the bufding(s) and for flood Insurance leo rating purposes is below minimum flood elevation or is ineligible for flood insurance through the National Flood is? insurance Program, Buyer may terminate this Contract by deAvering written fleece to Seller within (it tett 192 blank, then 20) days after Effective Date, and Buyer shall be refunded the Deposit thereby releasing Buyer and 423 Seller from all further obligations under this Contract, falling which Buyer accepts existing elevation of bu5drngs and lea flood zone designation of Property. The National Flood insurance Reform Aot of 2012 (referred to as Biggert 1ssWaters 2012) may phase in actuarial rating of pre -Flood insurance Rate Map (pre -FIRM) non -primary structures 199 (residential Structures et which the insured or spouse does not reside for at least 80% of the year) and an elevation 447 certificate may be required for actuarial rating. 198 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efllclenoy Rating Information Brochure 199 required by Section 553.996, FS. 2110 (1) LEAD-BASED PAINT: if. Property includes pre -1978 residential housing, a lead-based paint disclosure Is zo1 mandatory. 202 (g) HOMEOWNERS' ASSOCIATION/COMMUNFIY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 209 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIATION/COMMUNITY 204 DISCLOSURE, IF APPUGABLE. 205 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT zea PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO 207 PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 209 IMPROVEMiENTS TRIGGERS' REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN NIGJiETi 2ro PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY 210 PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 211 (I) RRPTA TAX WITHHOLDJNG: Seller shall inform Buyer in wilting if Seller Is a "foreign person" as defined by the 212 Foreign investment In Real Property Tax Act ePIRPTA")_ Buyer and Seller shall comply with FIRP'iA, which may 213 require Seller to provide additional cash at Closing. f Seller is not a "foreign person", Seller can provide Buyer, at or 214 prior to Closing, a certification of non -foreign status, under penalties of penury, to inform Buyer and Closing Agent 218 that no withholding is required. See STANDARD V for further information peitalning to F1RPTA. Buyer and Seller 218 are advised to seek legal counsel and tax advice regarding their respective rights, obiigadons, reporting and 217 withholding requirements pursuant to FIRMA. re Qj SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Properly which are not 219 readily observable and which have not been disclosed to Buyer. Dmapt as provided for in lite preceding sentence, no Setter extends and intends no warranty and makes no representation of any type, either express or Implied, as to 221 the physical condition or history of the Property. Except as otherwise disclosed In writing Seller has received no 222 written or verbal notice from any governmental entity or agency as to a currently uncorrected building, 223 environmental or safety code violation, 224 PROPERTY MAINTENANCE, CONDITION, INSPECTIONS AND EXAMINATIONS 228 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Salter shall maintain the Properly, 225 Including, but not limited to, lawn, shrubbery. and pool, In the condition existing as of ERective Date (`AS IS 221 Maintenance Requirement"). awes Male Pie 4 of 1 s Setter s tri leis j , 4 FlorwisReettorelFbridaBer-A S18 2 Rev.8113 ® 2013 E=Iadba Reston? and The Florida Bar. ASI tgtds reserved. srtat 004323.7001384DIS2307 i�rr"3{IIii 3ii: it:V 33 228 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 229• (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL: Buyer shall have (if left blank, their 15) days 230 alter Effective Date ("Inspection Period') within which to have such inspections Of the Property performed 231 as Buyer shall desire during the inspection Period if Buyer determines, in. Buyer's sole discretion, that the 232 Property Is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice of such 233 election to Seller prior to expiration of inspection Period If Buyer timely terminates this Contract. the 234 Deposit paid shall be returned to Buyer, thereupon, Buyer and Seller shall be released of all further xis obligations under this Contract however, Buyer shall be responsible for prompt payment for such 236 inspections, for repair of damage to, and restoration of, the Property resulting from such inspections, and shall provide Sailer with paid receipts for ail work done on the Property (the preceding provision shall 238 survive termination of this Contract). Unless Buyer exercises the right to terminate granted benzin, Buyer 739 accepts the physical condition of the Property and any WoJation of governmental, bullring, environmental, sac .and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance 2., Requirement and Buyer shaft be responsible for any and ail repairs and Improvements required by Buyer's 242 lender.' ars (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Dale prior to 244 time of Closing, as specified by Buyer, Buyer or Buyer's representable may perform a walk-through (and %IIow-up 245 walk-throUgh, If necessary) inspection of the Property solely to confirm that all kerns of Personal Property are on the 246 property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement 247 and has met all other contractual obligations. 248 (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's inspection of 249 the Property Identifies open or needed building permits, then Sailer shall promptly delver to Buyer al) plans, written 2so documentation or other information in Seller's possession, knowledge, or control relating to improvements to the 251 Property which are the subject of such open or needed Permits, and shall promptly a operate In good faith With 252 Buyer's efforts to obtain estimates of repairs or other work neceseary to resolve such Permit Issues_ Sellers 253 obligation to cooperates shall include Seller's execution of necessary authorizations, consents, or other documents 254 necessary for Buyer to conduct Inspections and have estirnates of such repairs or work prepared, but in futfilfing lbs such obligation, Seller shall not be required to expend, or become obligated to expend, any money. asci (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and cost, est Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties to Buyer. 25a ESCROW AGENT AND BROKER 259 280 261 282 263 284 286 288 267 288 269 270 271 272 Tis 274 275 275 277 279 279 280 281 282 283 284 285 288 43. ESCROW AGENT: Any Closing Agent or Escrow Agent (coltecevely °Agent') receiving The Deposit, other funds and other teems is authorized, and agrees by acceptance of them, to deposit them promptly, hold same b escrow within the State of Florida and, subject to COLLECTION, disburse there In accordance with terms and conditions of this Contract. Failure of funds to become COLLECTED shell not excuse Buyers performance. When conflicting demands far the Deposit are received, ar Agent has a good faith doubt as to err6tlernent to the Depos,"k, Agent may take such actions permitted by this Paragraph 13, es Agent deems advisable..if'In doubt as to Kgeht's duties or liabilities under this Contract, Agent may, at Agents option, continue to bold the subject matter of the escrow until the parties agree to its disbursement or until a fine] judgment of a court of comps at judsdictiori shall determine the rights of the parties, or Agent rney depost same wdli the Berk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such action. Upon notifying an pullets concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of amounting for any tears previously delivered out of escrow. If a licensed real estate broker, Agent Will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve escrow disputes through mediation, arbttra1fon, Interpleader or an escrow disbursement order. Any proceeding between Buyer and Seller wherein Agent iss made a party because of acting as Agent hereunder, or in any proceeding where Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs Incurred, to be paid pursuant to court order out of the escrowed funds or equ Natant. Agent shalt not be liable to any party or person for mis-delivery of any escrowed items, unless stash Iris -delivery Is due to Agent's willful breach of this Contract or Agent's gross negligence. This Paragraph 13 shall aurvNe Closing or termination of this Contract. 14. PROFESSIONAL ADVI= BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, square footage, and all other facts and representaarona made pursuant to this Contact and to consult appropriAte prdessionals for legal, tax, environmental, and other specialized advice concerning matters affecifig time Property and the transaoticn contemplated by this Contract. Broker represents to Buyer than Broker does not reside on the Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROPESSiDNAL INSPECTORS ANI] GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MiATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) OF BROKER Swotsenitlals tape 6 of 11 8e9er's initials FiodclaReatrnrs/FlorideStoASIS-2 Rev.W1S fa 203 Ronda Realtacesnd The Florida Bar. An rights reserved. exkme aasrsa+ons-sesraor form s;irnplicit' 34 297 Buyer and Seller (individually, the 'Indemnifying Party') each individually indemnifies, holds harmless, and releases 28e Broker and Broker's officers, directors, agents and employees from all liability for loss or damage, including all costs 23e and expenses, and reasonable attorney's fees at ell levels, suffered or incurred by Broker and Broker's officers, 280 directors, agents and employees to connection with or arising from claims, demands or causes of neon instituted by 291 Buyer or Seller based on: (1) inaccuracy of information pnavided by the Indemnifying Party or from public records; 292 Indemnifying Partys misstatements) or failure to perform contractual obligations; (i) Broker's performance, at ens ]ndemnifyfng Party's requea., of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 294 including Broker's referral, recommendation or retention of any vendor for, or on behalf of indemnifying Party; (W) les products or services provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by ter: any such vendor. Buyer and Seller each assumes full responsibiilty for selecting and compensating their rsspectve z97 vendors and paying their other costs under this Contr a4t whether or not this transaction closes. This Paragraph 14 will 298 not relieve Broker of statutory obligations under Chapter 476, F.S., as amended. For purposes of this Paragraph 14, 299 Broker will be treated as a party to this Contract This Paragraph 14 shaft survive Closing or termination of this Contract eee DEFAULT AND DISPUTE RESOLUTION Sar 15. DEFAULT: SU (a) BUYER DEFAULT: If Buyer falls, neglects or refuses to perform Buyer's obligations under this Contract, including 303 payment of the Deposit, within the time(e) specified, Seller may elect to recover and retain the Deposit for the 334 account of Seller as agreed upon liquidated damages, consideration for execution of this Contras and in full sus settlement of any claims, whereupon Buyer and Seiler shall be relieved from all further obligations under this Sot+ Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity to errfome Seller's rights 307 under this Contract The portion of the Depose, if any, paid to Listing Broker upon default by Buyer, shall be split 30 equally between L.4sSng Broker and cooperating Broker; provided however, Cooperating Broker's share shall not be ace greater than the commission amount Liseng Broker had agreed to pay to Cooperating Broker. 310 (b) SELLER DEFAULT: If for any reason other than failure of Seller to nuke Setter's tide rnarketabie after reasonable 311 diligent art, Seder faits, neglects or refuses to perform Seller's obligations under this Contract, Buyer may eleot to sit receive return of Buyer's Deposit without thereby waiving any action for damages resulting from Seller's breach, sus and, pursuant to Paragraph 46, may seek to recover such damages or seek specific performance. 314 This Paragraph 16 shah survive Closing or termination of this Contract. 315 16. DISPUTE RESOLUTION: Unresolved controversies. claims and curer matters in question between Buyer and Seller sia arising out of, or relating to, this Contract or Its breach, enforcement or interpretation (°Dispute'' will be settled as 317 follows: 318 (a) Buyer and Seller will have 10 days atter the date conflicting demands for the Deposit are made to attempt to 319 resolve such Dispute, falling which, Buyer and Seiler shall subrntt such Dispute to medlaton under Paragraph 320 16(b).. szi (b) Buyer and Setter shalt attempt to settle Disputes in en amicable manner through mediation pursuant to Florida s22 Rules for Cer ified and CourteAppoinied Merefrators and Chapter 44, F.S., as amended (ihe."Medfatiop Ru)ed'), The 523 mediator trust be ceriilled or must have experience in the real estate industry. Injunctive relief may be sought azo without first complying with this Paragraph 16(6). Disputes not settled pursuant to this Paragraph 16 may be 326 resolved by instituting action in the appropriate court laving jurisdiction of the Matter. This Paragraph 16 shall 22e survive Closing or termination of this Contract ST7 17. A'TTORNEY'S FEES; COSTS: The parties w1C split equally any mediation fee. Incurred in any mediation perrnitted by Sze this Contract; and each party will pay their own casts, expenses and fees, including attorney's fees, incurred in 322 conducting the mediation. In any tr"lrgation permitted by this Contract the prevailing party shall be entitled to recover sac from the non -prevailing party msts and fees, Including reasonable attorneys fees, incurred in conducting the Ogaden. eat This Paragraph 17 shall survive Closing or termination of oris Contract. 332 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") ass 18. STANDARDS: Sao A. TTTLa 385 (1) TITLE EViDENCE; RESTRICTIONS; EASEMENTS; UMITATIONS: Within the fine period provided In Paragraph ase 9(c), the Title Corrvnitrnent, veer legible copies of instnrments meted as exceptions attached thereto, shall be issued and 337 delivered to Buyer. The Tree Commitment shalt set forth those matters to be discharged by Seller at or before Closing 338 and shall provide that, upon recording of the deed to Buyer, an owner's poiioy dale insurance in the amount of the 838 Purchase •Price, shall be issued to Buyer insuring Buye's marketable free to the Real Property, subject only to the see ibflowing matters: (a) comprehensive land use plans, zoning. and other land use restrictions, prohibition and 341 requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise sae common to the subdivision; (o) outstanding oil, gas and mineral rigtiis of ri:cord wlttsout right of catty; (d) unpletted us public utility easements of record (located oontiguous to reel property lines and not mora then 10 feet In width as to rear 344 or front lines and 7 112 fest in width as to side Ines); (e) taxes for year of posing and subsequent years; and (f) 1 Buyse's triode flatsFloddaRaaitors/Finaidaser- ASls-2 Rev 811ii5 032013 Florida Ra 1tors and 11TheF7rxide Bar, / J1 ds reserved s 6o .WK: 0!419-r'iO12B4ORr307 fbin sirnplici ty 35 STANDARDS FOR REAL ESTATE TRANSACTIO WS ("STANDARDS") CONTINUED 346 assumed mortgages and purchase money mortgages, if any (if additional items. attach addendum); provided, that, none 348 prevent use of Property for RESIDENTIAL PURPOSES. If there exists at Closing any violation of Hems identified in (b) 347 — (f) above, then the same shail be deemed a title defect. Marketable title shall be determined according to applicable ass Title Standards adopted by authority of The Florid Bar and in accordance with taw. 340 (It) TITLE EXAMINATION: Buyer shall have 6 days after receipt of Title Commitment to examine It and nofy Seller in 350 writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it is detivened 351 to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after date of receipt to g52 examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") after receipt of Buyer's sea notice to take reasonable diligent efforts to remove defects. If Buyer falls to so notify Seiler, Buyer shall be deemed to ssi have accepted title as ft then is. if Seller cures defects within Cure Period, Seller will deliver written notice to Buyer (With 855 proof of cure acceptable to Buyer end Buyer's attorney) and the parties wet close this Contract on Closing Date (or if ass posing Date has passed, within 10 days after Buyers receipt of Seller's notice). If Seller is unable to cuss defects sr within Cure Period, then Buyer may, within 6 clays after expiration of Cure Period, deliver written notice to Seller: (a) ass extending Cure Period for a specified period not to exceed 120 days within which Seller shell continue to use te9 reasonable diligent effort to remove or curs the defects ('Extended Cure Period); or (b) electing to accept title No existing defects and close this Contract on Closing Date (or if Closing Date has passed, Within the earlier of 10 days 361 after end of Extended Cure Period or Buyer's receipt of Seller's notice), or (c) electing to terminate this Contract and 362 receive a refund of the Deposit, thereby releasing Buyer and Seller horn a further obligations under this Contract. if sea after reasonable diligent effort, Seller 1s unable to timely cure dcts, and Bayer does not waive the defects. this 364 Contract shed terminate, and Buyer shall receive a refund of the Deposit, thereby releasing Buyer and Seller from all ass further obligations underthis Contract sae B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon encroach 357 on setback lines, easements, or lands of others, or violate any restrictions, covenants, or applicable governmental ase regulations desonlied in STANDARD A (i)(a), (b) or (d) above, Buyer shall deliver written notice of such matters, see together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than Closing. If Buyer aro timely delivers such notice and Survey to Seiler, such matters identified in the notice and Survey shall constitute a title sn defect subject to ours obligations of STANDARD A above. If Seller has delivered a prior survey, Seller shall, at Buyer's ail request, execute an affidavit of 'no change" to the Real Properly since the preparation of such prior survey, to the 373 extent the affirmations therein are tnie and correct. 3T4 C. INGRESS AND EGRESS: Seller represents that there Is tigress and egress to the Real Property and title to the an Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 376 D_ LEASE INFORMATION: Seiler shall, et least 10 days prior to Closing, furnish to Buyer estoppel letters from 377 tenatrt(s)(occupent(s) specifying nature and duration of occupancy, rental rates, advanced rant and security deposits 878 paid by tenants) or occupant(sX' stopper Letter(s))). if Seiler is unable to obtain such Estoppel Letter(s) the same are information shall be furnished by Seller to Buyer within that time period in the forrn of a Seller's affidavit and Buyer may sec thereafter contact tenants) or occupant(s) to confirm.such information. If Estoppel Letters) or Seller's affidavit, if any, 381 drier mate felly from S+ellera repre.aargatiees, and Mase(s) provided pursuant to Paragraph , or if tanant(s)loccupant(s)_ $82 fa or refuse to confirm Sellie?s affidavit, Buyer may deliver wrttfen notice to Seller within 6 days after receipt of such 383 information. but no later than 5 days priorto Closing Date, terminating this Contract and receive a refund of the Deposit, Baa thereby releasing Buyer and Seiler from all further obligations under this Conb act. Seiler shall, at Closing, deliver and 386 assign ail teases to Buyer who shell assume Seller's obligations thereunder.. see E. LIENS: Seller shaft furnish to Buyer at Closing an affidavit attesting (t) to the absence of any financing staterrrar+t, 387 claims of fen or potential tenors Smoan to Seller and (ti) that there have been no Improvements or repairs to the Real els Property for 90 days immediately preceding Closing Date. if the Real Property has been improved or repased within say that time, Seller shall deriver releases or waivers of constuotio,n Tien executed by alt genera contractors, Seo subcontractors, suppliers and matertalmen In sdcltion to Seller's lien affidavit setting forth names of all such general Sen contractoas, subcontractors, suppliers and materlalmen, further affirming that all charges for:I provements or repairs era which could serve as a basis fora construction Tien ora claim for damages have been paid or will be paid at Closing. 393 F. TIME: Calendar days shall be used in computing time periods. Time Is of the essence In tats Contract. Sas Other than time for acceptance and Effective Date as set brat in Paragraph 3, any time periods provided for or dates ass specified in this Contract, whether preprinted, handwritten, typewrrlten or inserted herein, which shaft end or occur on a 998 Saturday, Sunday, or a national legal holiday (see 5 U.S.G. 6103) shall extend to 5:00 pan. (where the Property is Sas located) of the next business day. 326 G. FORCE MAJELIRE: Buyer or Seiler shall not be required to petfonn any obligation under this Contract or be liable SO to each other for damages so long as performance or non-performance of the obligation is delayed, caused or 400 prevented by Force Majeure. "Force Majeure" Means: hurricanes, earthquakes, floods, fire, acts of God, unusual 401 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of Buyer 402 or Seller, and which, by: exercise of reasonable dilTgant effort, the non-performing party is unable In whole or In part to 493 prevent or overcome. All time periods, Including hosing Date, wtil be extended for the period that the Force Majeure 404 prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent perfo, mance Buyer's Initials Pao.? of 11 SeBe's Initis FrofidaRs>rtorsJFicrkieSer'ASIS'2 Ro .e/1302012 Florida Reeitors•end Me Runde Bar. Alt babes reserved. aw,r9c 0e432311/418s1423OD — fo3 tsimpliicity 36 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 405 under this Contract more than 14 days beyond Closing Date, then either party may terminate this Contract by delivering 406 written nonce to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer and Seller from all 407 further obligations under this Contract_ 408 H. CONVEYANCE Seiler shall convey marketable titre to the Real Property by statutory warranty, trustee's, personal 409 representative's, or guardian's deed, as appropriate to the statue of Seller, subject only to matters descrbed in 410 STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by absolute 41; bill of sale with warranty of title; subject only to such matters as may be provided for in This Contract. 412 I. CLOSING LOCATION; DOCUMENTS; AND PROCEDURE 415 (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the aftomey or 4 other dosing agent ("Closing Agent') designated by the party paying for the owner's policy of title insurance, or, if no 415 title insurance, designated by Seller. Closing may be conducted by mall or electronic means. 416 (ii) CLOSING DOCUMENTS: Seller shall at or prior to Closing, execute and deliver, as applicable, deed, bill of sale, 417 certificate(s) of tattle or other docunlants necessary to transfer title to the Property, construction Ilan aifirdavit(s); owner's 418 possession and no lien aftidevft(s), and assignment(s) of leases. Seller shall provide Buyer with paid receipts for alt Ora work done on the Property pursuent to this Contract. Buyer shalt fumish and pay for, as applicable the survey, flood 429 elevation certification, and documents required by Buyer's lender. 421 (Ili) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Trtle Commltrnent 422 provides insurance against adverse matters pursuant to Seotion 6273841, F.S., as amended, the escrow closing 423 procedure requlrad by STAN.DARD J shell be Waived, and Closing Agent shall, subject to COLLECTION of an closing 424 funds, disburse at Closing the brokerage freest° Broker and the net sate proceeds to Seiler. 42s J. ESCROW CLOSING PROCEDURE: If Titie Commilment issued pursuant to Paragraph 9(c) does not provide for 425 insurance against adverse matters as permitted molder Section 627.7841, F.S., as amended, the following escrow end 427 closing procedures shall apply: (1) alt Closing proceeds shall be held in escrow by the Closing Agent for a period of not 438 more than 10 days after Closing; (2) if Seller's title Is rendered unmarketable, through no fault of Buyer, Buyer shall, 429 within the 10 day period, natiTy Seiler in writing of the defect end Seller shall have 30 days from date of receipt of such 430 notification to cure the defect; (3) if Seller fails to timet, cure the defect, the Deposit and all Closing funds paid by Buyer 431 shall, within 5 days alter written demand by Buyer, be refunded to Buyer and, simuitaneously with such repayment. 432 Buyer shall return the Perianal Property, vacate the Real Property and re -convey the Property to Seller by special area warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the Deposit, Buyer strati take 494 tide as is, waiving alt rights agabst Seiler as ie any intervening defect except aS may be available to Buyer by virtue of 435 warranties contained in the deed or bill of safe. ess K. PRORATIONS; CREDITS: The following recurring items MI be made current (if applicable) and prorated as of the Oar day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes Cu -lauding ase special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents and other 432 expenses of Property. Buyer shall have option of taking over esdsting policies of insurance, If assumable, in which event 44o premiums shad be prorated. Cash at Closing shall be increased or decreased as may be required by proration to be 441 made through clay prior to CIosarg., Advance _rant and secur(ty deposstee If .eny,.vrlll be cratAked to_ SaYee Escrow 442 deposits herd by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current year's tax with due 449 allowanoe made for maximum allowable discount; homestead and other exemptions. if Closing occurs on a date when 444 current year's miliage is not faced but current year's assessment is available, taxes will be proreted based upon such 445 assessment and prior year's millage. If current year's assessment is not avaiable, then taxes will be prorated on prior acs year's tax_ If there are completed improvements on the Real Property by January lit of year of Closing, which err improvements were not to eodstence on January 113ofprior year, then taxes shall be prorated based upon prior year's acs reliage end at an equitable assessment to be agreed upon between the parties, failing which, request shall be made to 449 the County Property Appraiser for an informal assessment taking into account available exemptions_ A tax proration 453 based on an estirrrate shall, at either party's request, be readjusted upon receipt of arrant year's tax bill This .cit STANDARD K shalt survive Closing. 452 L ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seiler shall, 463 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a w44k- 454 through (or follow-up walk-through if necessary) prior to Closing. ass M. RISK OF LOSS: If. after Effective Date, but before Closing, Property is damaged by fire or other casualty 466 ("Casualty Loss") and cost of restoration (Which shall Include cost of pruning or removing damaged trees) does not 457 exceed 1.5% of Purchase Price, cost of restoration shalt be an obligation of Seiner and Closing shall proceed pursuant 4,58 tO terms of this Contract_ if restoration is not completed as of Closing, a sum equal to 125% of estimated cost to 464 complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of restoration 469 exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase Price). Any 401 unused portion of escrowed amount shall be returned to Seller. if cost of restoration ewoeeds 1.5% of Purchase Price, 452 Buyer shall elect to eller take Property "as is" together with the 1.5%, or receive a refund or the Depose!, thereby .463 releasing Buyer and Seiler from ail further obligations under this Contract. Seises sole obligation Mtn respect to tree 464 damage by casualty or other natural occurrence shall be cost of pruning or removal Buyee4: In1&nls / Pape 5 of 11 Belay's In FhoridaR Rev.8/13 a 2013 norfda Realtors`and The Florida Bar. Al rights reserved_ s 042234e011311.IOI7 lininsii iplicity 37 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUE] ass N. 1031 EXCHANGE: If either Seiler or Buyer wish to enter into a tike -kind exchange (either simultaneously with 455 Closing or deferred) under Section 1031 of the Internal Ravenue Code (`Exchange"), the other party shall cooperate in 467 all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, cooperating 46e patty shall incur no liability or expense related to the Exchange, and Closing shall not be contingent upon, nor extended ass or delayed by, such Exchange. 470 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE DELNERY; COPIES; CONTRACT 471 EXECUTION: Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall be 472 binding on, and inure to the benefit of, the parties and their respective heirs or successors h interest Whenever the 473 context perfriits, singular shall include plural and one gender shall Include all. No'&ce and delivery given by or to the 474 attorney or broker (including such broker's real estate licensee) representing any party shall be as effective as if given cis by or to that party. All notices must be in writing and may be made by mail, personal delivery or• electronic (including ere 'pdr') media. A facsimile or electronic (including "pdf`) copy of this Contract and any signatures hereon shall be an considered for ail purposes as en original. This Contract may be executed by use of eiectronic signatures, as 478 determined by Florida's Electronic Signature Act and other applicable laws. 475 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of Oat? Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 481 representations shall be binding upon Buyer or Seiler unless included in this Contract. No modification to or change in 482 this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended to be ass bound by it_ ase Q. W.PJVER: Failure of Buyer ar Seller to insist on compliance with, or strict performance of, any provision orf this 4e5 Contract, or to take advantage of any right under ties Contract, shah not conseute a waiver of other provisions or rights. 488 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten ar Oat handwrftten prorvlalons shall control all printed provisions of this Contract in conflict meth them. 466 S. COLL.ECTiON or COLLEC fete "COLLECTION" or "COLLECTEfl" means any checks tendered or received, me inducting Deposits, have become actually and finally collected and deposited in the account of Escrow Agent Oso or Closing Agent. Closing and disbursement of funds and delivery of closing documents may he delayed by 491 Closing Agent unfit such amounts have been COLLECTED In Closing Agent's accounts. 4e2 T. LOAN COMMrTMENi': `Loan Commitment" means a statement bythe lender setting forth the terms and conditions 40 upon which the lender is wiling to make a particular mortgage loan to a particular borrower. Neither a preepprovat 4e4 letter nor a prequalifioatien fetter shall be deemed a Loan Commitment for purposes cells Contract. 495 U. APPLICABLE LAW AND VENUE This Contract shall be construed In accordance with the laws of the State of 406 Florida and venue for resolution of all disputes, whether by medialSon, arbitration or etigefion, stall tie in the county 497' where the Real Property is located. ase V. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"); if a seller ce U.S. real property is a "foreign nes person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires the buyer of the real property IO goo withhold 10%s of the amount realized by the sailer on the transfer and remit the withheld amount to the Internal Revenue soy Sendee (IRS) unless an exemption to the waked wlthholdjng. Applies or rile sailer has obtained_ a lnlitlt lPidrtrg 532 Certificate from the IRS authorizing a reduced amount of wlthhording. Due to the complexity and potential risks of 5113 FIRPTA, Buyer and Seller should seek legal and tax advice regarding crxnplianee, particularly if an "exemption" is repo claimed on the sale of residential property for $300,000 or less. ao5 (i) No withholding is recpered under Sedan 1445 lithe Seller Is not a "foreign person,* provided Buyer aodacpts proof 598 al' same from Seller, which may include Buyer's receipt of certifrrcatioon of non -foreign status from Seiler, signed under oar penalties of perjury, stating that Seller is not a foreign person and containing Seller's name, U.S. taxpayer idenfification sos number and home address (or office address, in the case of art entity), as provided for in 28 CFR 1.1445-2(b). 599 Otherwise, Buyer shall withhold 10s%o of the amount rearmed by Seller on the transfer and timely remit said funds to the 510 IRS. 511 (ti) if Seller has received a Withholding CerSloate from the IRS whirls provides for reduced or eliminated withhotdrng in 512 this transaction and provides same to Buyer by Closing, then Buyer shall wierhole The reduced sum, if any required, and 613 Timely remb said funds to the IRS. ala (1fr) If prior to Closing Saler has submitted a completed application to the IRS for a Withholding Certificate and has 515 provided to Buyer the notice required by 26 CFR 1.1446-1(c) (2)(1)(B) but no Withholding Certificate has been received 516 as of Closing, Buyer shall, et Closing, withhold 10% of the amount realized by Seller on the transfer and, at Buyer's 617 option, either (a) tlmefy remittive withheld funds to the DRS or (b) place the fiords in escrow, at Sebes expense, with an 618 escrow agent selected by Buyer and pursuant to terms negotiated by the parties, to be subsequently disbursed in 519 accordance with the Withholding Certificate Issued by the IRS or remitted directly to the IRS if the Seller's application is trio rejected or upon terms set forth In the escrow agreement 611 (iv) in the event the not proceeds due Sexier are not sufficient to meet the withholding requtreme» t(s) in this transaction, 822 Seller shall deriver to Buyer, at Closing, the addUiorsal COLLEL i et) funds necessary lo satisfy the applicable 523 requirement and thereafter Buyer shall tirnely remit said eunds to the IRS or escrow the fonds or disbursement in e24 accordance wrUti tele final determination of the IRS, as applicable. Buyer's Initleds L-+ v� ,... Page 9 of 11 Selleds initials FlorideRealtorSlFbedaBer-ASIS-2 Rev.8/13 0 2013 Florida Rrabors'artd The Florida Bar, All rights resecyed. L J er att +xaaa rartassosrser — formsirplicity 38 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") CONTINUED 125 (v) Upon remittal funds to the IRS pursuant to this STANDARD, Buyer shall provide Seller copies of IRS Forms 82.88 52s and 8288-A, as tad. 527 W. RESERVED waives an eilafin5 against Seller and szt X. SLIVER WAIVER OF CLAIMS: To the extent permitted by law, Buyer Y against any real esylate licensee Involved lrt the negotiation of this Contract for any damage or defects 829 au pertaining to the physical condition of the Properly that may exist 01 Closing of this Contract and be sy-t subsequently d5scovered by the Buyer or anyone claiming by, through, under or against the Buyer. This 532 provision does not relieve Seller's obligation to comply with Paragraph tO{jj. This Standard X shall survive sea Closing. ADDENDA AND ADDITIONAL TERMS 5S4 sss 19. ADDENDA: The Bowing additional terms are included in the attached addenda or riders and 1ncorpOrhted Into this 536* Contract (Check )f applicable): 0 A. Condominium Rider D M. Defective Drywall 0 X. Kick -out Clause 0 B. Homeowners' Assn. 0 N. Coastal Construction Control Line 0 Y. Seller's Attorney Approval 0 C. Seller Financing ❑ O. insulation Disclosure 0 Z. Buyer's Aflomey Approval 0 D, Mortgage Assumption 0 P. Lead Based Paint Disclosure © P Personal Interest in AA. e. 0 E FHANA Financtig (Pre -1978 Housing) 0 F. Appraisal Contingency - 0 Q. Housing for Older Persons 0 BI3.BhndlrigArbItration 0 G. Short Sale 0 R. Rezoning 0 r o H. Homeowners'/Flood Ins. ❑ S. Lease Purchase/ Lease Option 0 L RESERVED 0 T. Pre -Closing Occupancy by Buyer ❑ J, interest -Bearing Acct. 0 U. Pole pf�ngd Property 0 L 3lc' by Seller SRESERVED VED 11 W. Back-up Contract c. /20 - - bA`iS C..,,,."-• 20. ADp sem, ITl NAL TERMS: Purchase contingent . : ••prowl ofthe Indian River Board of County Cornrrsissio. ere. sse 535 '1.11.11111.1101 , �Fi,: 640 044 842 641 544 ,.....1..•••18111111•••••• 545 s4e 647 548 549 550 551 652 653 854 666' p Seller counters Buyer's offer (to accept the counter-offer, Buyer must sign or initial the counter -offered terms and deliver 656 a copy of the acceptant® to Sellar'}. 557' 0 Seller rejects Buyer's offer. 558 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF ass AN ATTORNEY PRIOR TO WOWING. Seo THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 581 Approval of this form by the Florida Realtors and The Florida Bar doss not cronsttture an opinion friar any of the taunts and sea candilons in this Contract sirtwld be accepted by the parties in a particular imam:bon. Terris and condition' should be ems negate/led based upon the respective Interests, objectives and bargaining positions of ell interested persons. COUNTER-OFFER/REJECTION Buyer'$ IrlitlalY Page ID of 11 Seller's mitrals FideaRealtereJFlO ir7S ASIS -2 Rev.6l 3 am 2093 FIarid8 Reallora'and The Fbrlda Bar. All rights reserved. -..---------------- rte..., 7 Saba O+rrmm44arsiPRit 348•4 .Yl l:Timimpiicit y 39 564 665 586 557 566• 589 570 571 572 573' 574 575 678 577 57a• 579 568 581 562 688' 584 555 695• 567• 586' 855 550 591 602 558 594 595 598 597• 598 590 50• 801 AN ASTERISK (') FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE UNE CONTAINS A BLANK TO COMPLETED. Buyer: BE Date; d-3— 2.0 — 2 0r Buyer. Date. Seiler. 5 = s address for purposes of notice 1801 27th Street Veto Beech, Florida 32960 Date: D f j ✓ Seller's address for purposes of notice 1835 43rd Avenue Vero Beech, florida 32960 BROIL listing and Cooperoiing Brokers, if any, named below (collectively, "Broker'), are the only Brokers emitted to compensation In connection with this Contract instruc5on to Closing Agent: Seller and Buyer direct Closing Agent to disburse at Closing the lull amount of the brokerage fees as specified ki separate brokerage agreements with the parties and cooperative agreements between the Brokers, except to the extent Broker has retrained such fees from the escrowed funds. This Contract shall not modify arty MLS or other offer of compensation made by Seller or Listing Braker to Cooperating Brokers. Cooperating Sales Associate, if any Cooperating Broker, if any S. Mark Baker Listing Sales Associate Fick Baker Realty. LLC Listing Broker Page 11 0(11 FJo idaRealtorslFleridaBar-,4Si6-2 Rev_8113 62013 Florida Ree]Gorsand The Florida Bar. M rtgMs reserved Strinic 0043113-74013e40523oir fo nsimpl1Ci 's' 40 Date: To: From: Prepared By: Subject: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES March 31, 2014 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services. Terry Southard, Utility Operations Manager fs Work Order No. 5 with Masteller & Moler, Inc. , for repair/replacement, design—Engineering Services at the Blue Cypress Wastewater Treatment Plant DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) operates the Blue Cypress Wastewater Treatment plant located north of SR 60 along Blue Cypress Lake Road. The plant opened for operations in March, 1993 with a permitted capacity of 0.020 MGD. The existing packaged wastewater treatment units (tanks) are fabricated from steel. IRCDUS staff has performed routine maintenance on these steel units, and currently the tanks are in need of metal repair, sandblasting and painting to avoid further decay. Recently, the plant was inspected by the Department of Environmental Protection (FDEP) as part of a routine operating permit renewal process. A condition of the permit renewal is that the deteriorated metal tank repairs would be completed before the end of this calendar year. Masteller & Moler, Inc., (M&M) one of our continuing services consultants, has been asked to provide a proposal to evaluate the condition of the tanks and to propose solutions. ANALYSIS: On November 15, 2011, the Indian River County Board of County Commissioners approved the Continuing Contract Agreement for Professional Services with M&M. The total negotiated cost for the professional services is a lump sum amount of $ 17,212.50. Per the CCNA procument guidelines staff requested M&M to submit a proposal to evaluate repairs to the existing steel tanks. Masteller & Moler, Inc., has submitted Work Order No.5 which includes providing professional services for surveying, engineering, specifications/bid documents, and construction observation for plant structural repairs and painting The estimated construction cost for these improvements covered in the Scope of Work for Work Order No. 5 is $100,000.00. C:\Users\vburke\AppOata\local\Microsoft\Windows\Temporary Internet Files \Content.Outlook\AGMLXQOB\Agenda - Page 1 of 2 Masteller Moler Work Order 5 Blue Cypress March 2014 ao v5.doc 41 FUNDING: Funds for this project are derived from the R & R budget in the operating fund. Operating funds are generated from water and sewer revenues. ACCOUNT NO.: Description Account Number Amount Blue Cypress Lake Structural Repairs & Painting 47123536-044699-14503 $17,212.50 RECOMMENDATION: The staff of the Utilities Department recommends that the Board of County Commissioners approve Work Order No. 5 with Masteller & Moler, Inc., in the amount of $17,212.50 for Professional Services which includes evaluation and proposal for solutions for the tanks at the Blue Cypress Lake Wastewater Treatment plant. ATTACHMENT(s): Work Order #5 APPROVED FOR AGENDA: By: 1ph Joseph A. Baird, County Administrator For: Indian River Co. Approved Date Administration , �, Legal Z. 1 "1 Budget 1 Utilities 0E0Il . 4 1 it UtIlities-Finance upst, 0.1-1-.4L( C:\Documents And Settings\Aobertautsch\Desktop\Agenda - Masteller Moler Work Order 5 Blue Cypress March 2014 Ao V5.Doc 42 WORK ORDER NUMBER 5 This Work Order Number 5 is entered into as of this day of 201_, pursuant to that certain Continuing Contract Agreement for Professional Services entered into as of November 15, 2011, (the "Agreement") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MASTELLER & MOLER, INC. ("CONSULTANT"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties the date first written above. CONSULTANT: MASTELLER & MOLER, INC. By: Title: President hereto have executed this Work Order as of BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: seph P Baird, County Administrator Approved as to form a legal sufficiency: n Reingold, County Attorney 43 MM File #1341 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" (Scope of Work) • Project Description Work Order No. 5 provides for professional services for the surveying, engineering, specifications/bid documents, and construction observation for the Blue Cypress Lake Wastewater Treatment Plant's structural repairs and painting rehabilitation. The work to be performed as part of this Work Order will generally include providing survey information; preparation of contract plans; preparation of specifications and bid documents for structural repairs and painting of the steel package plant tanks; assistance during bidding and contract administration/periodic construction observation for the project. The estimated Bid Cost for the Steel Package Plant Repair and Rehabilitation Improvements covered in the Scope of Services for Work Order No. 5 is $ 100,000. A brief description of the scope of services and deliverables for Work Order No. 5 is provided below: • Scope of Services Task A —Surveying Services Masteller, Moler, Reed & Taylor, Inc. will perform surveying services of existing conditions covering the project area showing necessary elevations and topo to support plant flotation calculations. Task B — Structural Engineering Services Masteller & Moler, Inc. will provide for structural engineering services to inspect the existing wastewater tanks and provide detailed plans showing steel tank elements to be removed and replaced to provide for the structural integrity of the tanks and prolong the useful life of the treatment plant. Task C — Civil Engineering Services Masteller & Moler, Inc. will provide civil engineering services covering the preparation of contract plans and specifications/bid documents showing and 44 Exhibit #1 (Scope of Work) 08/07/2013 Page 2 Work Order No. 5 describing the repairs and rehabilitation related to the Blue Cypress Lake's Wastewater Treatment Plant. The project elements will generally include: • Provide specifications for emptying and cleaning all plant tanks. • Provide for contract plans showing replacement and repair of steel plant elements as outlined in structural design services per Task B above. • Provide specifications for preparing and painting the interior walls of the steel tanks above the water level. • Provide specifications for preparation and painting exposed exterior of tanks above finished grade. The repairs that will be completed to the facility are considered maintenance and repair and as such, no permitting will be required prior to support execution of the work. Task D — Project Bidding Services Masteller & Moler, Inc. will work with Indian River County to allow for bidding of the proposed construction work to be described in the Contract Plans and Technical Specifications. We shall attend a Pre-bid meeting to describe the project to bidding contractors. We shall review the bids to be received by the County Purchasing Department and make a recommendation for award of the contract to the lowest qualified bidder. Task E -- Periodic Construction Observation and Administrative Services Masteller & Moler, Inc. will provide periodic observation of construction of the improvements described above on an as -needed basis to observe that construction is in reasonable compliance with the Contract Plans. We will also attend meetings, review shop drawings and monthly pay estimates from the Contractor. Following successful completion of the Contract work as evidenced by as-builts and testing by the selected Contractor, we shall prepare Engineer's Certificates confirming that the project improvements have been constructed in substantial conformance with design plans and specifications. Masteller & Moler, Inc. will provide for inspections of the structural repairs by a licensed Florida Structural Engineer to assure the work has been completed in conformance with the Contract requirements. File#1 341 (Exhibit 1a-Scope0fNork_i3-0807.doc) 45 MM File #1341 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" (Fee Schedule) Method and Amount of Compensation Masteller & Moler, Inc. proposes to provide Word Order No. 5 Scope of Services based on the following lump sum fees: 1. Prime Consultants Fee • Primary Consulting Engineering Services by Masteller & Moler, Inc. including Task C $ 6,000.00 • Project Bidding Services per Task D $ 1,000.00 • Periodic Construction Observation and Administrative Services per Task E $ 1,500.00 2. Sub -Consultants Fees • Surveying Services per Task A by Masteller. Moler, Reed & Taylor, Inc. (No Administration Multiplier) $ 950.00 • Structural Engineering Services per Task B by ML Engineering, Inc. ($ 7,450.00 x 1.15)* $* 7,762.50 *(Note: Structural Engineering Services fee includes construction observation services.) (Exhibit 1b-FeeSchedule_13-0807) 46 MM File #1341 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1" (Time Schedule) • Time of Performance The estimated time frame for completion of services from the approval of this Work Authorization is as follows: MILESTONE Tasks A, B and C Task D Task E (Exhibit 1c-TimeSchedule_13-0807) TIME TO COMPLETE 60 Working Days As Required As Required 47 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Boarmy Commissioners From: Jason E. Brown Director, Office of Manag ii & Budget Date: April 2, 2014 Subject: Miscellaneous Budget Amendment 012 All Aboard Florida Consultant Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Per Board discussion at the April 1, 2014 Commission Meeting, staff is recommending the use of a consultant to help review the Environmental Impact Statement (EIS) railroad crossing impacts and provide other services as needed concerning All Aboard Florida. The attached entry appropriates funding for these services in the amount of $30,000 from Transportation Fund Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2013/2014 budget. Attachments Budget Amendment 012 and Resolution APPROVED AGENDA ITEM: Jos 1t)ph Baird0 LA.() County Administrator BY. FOR: April 8. 2014 Indian River County • • • .ved Date Administrator If 9 4)J/ Legal f/ 1 Budget ,�t %{///11d,114 Department i Risk Management 48 RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2013-2014 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2013-2014 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2013-2014 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2013-2014 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2014. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Peter D. O'Bryan, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 49 Resolution No. 2014- Budget 014 Budget Office Approval: Jason E. Btown, B dget Director Budget Amendment: 012 Entry Number Fund/ Depar{ment/ ccount Name Account Number Increase Decrease 1. Expenses Transportation Fund/Public Works/Other Professional Services 11124319-033190 $30,000 $C Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $30,000 50 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 31, 2014 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrat Jason E. Brown, Budget Director FROM: Jennifer Hyde, Purchasing Manager& SUBJECT: Approval of Bid Award for IRC Bid No. 2014029 Lagoon Greenway Phase 2B Construction BACKGROUND: The Community Development Department requested the solicitation of bids for Phase 2B construction of the Lagoon Greenway. The proposed work includes construction of a 1,140 foot long wetland boardwalk and a lagoon observation deck. The County has been awarded a Florida Department of Environmental Protection (FDEP) Recreational Trails Program (RTP) grant and a Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) grant for the project. BID RESULTS: Bid Opening Date: March 25, 2014 Advertising Date: February 28, 2014 Demandstar Broadcast to: 656 Subscribers Specifications/Plans Downloaded by: 47 Vendors Replies: 6 Vendors Bidder Location Base Bid Price D.J. Haycook Construction Company New Smyrna $314,128.15 Wilco Construction, Inc. Ft. Pierce DQ Santa Cruz Construction, Inc. Merritt Island $310,898.15 Fender Marine Construction Orlando $633,837.93 Bayshore Construction, Inc. Sarasota $278,393.91 JD James, Inc. Monticello $446,481.15 Wilco Construction disqualified -mandatory qualification questionnaire not included with bid. The Department's Consulting Engineer for this project, Knight, McGuire & Associates, Inc. reviewed the bids submitted and has determined all three bids accurately reflect the work as MABids12013-2014 FY (2014000)\2014029 Lagoon Greenway Phase 11 Constructeion\Ageada-2014029,doc 51 CONSENT AGENDA defined by the plans and specifications, and recommended award to Bayshore Construction, Inc.. The Building Department has also confirmed that Bayshore appears to hold the appropriate licenses to complete the work. ENGINEER'S ESTIMATE: Lagoon Greenw Project Element Total Cost FIND Grant (S0%) RTP Grant County Cost Construct 1,140' of wooden boardwalk 5200,000 5100,000 $100,000 N/A Lagoon observation deck 592,000 546,000 N/A 546,000 Project engineering oversight, permitting and inspections 520,000 510,000 59,000 $1,000 Totals 5312,000 5156,000 5109,000 T.47 AIM Bayshore Construction, Inc.'s bid of $278,393.91 is within the estimated cost -range that has been budgeted for this project. SOURCE OF FUNDS: On September 13, 2011, the Board approved the use of Park Impact Fees for use as a match towards the Lagoon Greenway overall public access improvements. RECOMMENDATION: Staff recommends award of the bid to Bayshore Construction, Inc. of Sarasota as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute it after it has been approved by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate of insurance and Public Construction Bond. ATTACHMENTS: Sample Agreement APPROVED AGENDA ITEM BY: (0_2)/p 4. Joseph Baird, County Administrator FOR: Indian River Co Account Number Account Description Budget Amount 10321072-066510-11001 Parks Construction Program- Land Trust Lagoon Greenway Project $312,000 ,+ : A RECOMMENDATION: Staff recommends award of the bid to Bayshore Construction, Inc. of Sarasota as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid. Staff further requests that the Board of County Commissioners approve the attached sample agreement and authorize the Chairman to execute it after it has been approved by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate of insurance and Public Construction Bond. ATTACHMENTS: Sample Agreement APPROVED AGENDA ITEM BY: (0_2)/p 4. Joseph Baird, County Administrator FOR: Indian River Co Approved Dat Admin , e y Legal ,+ : A Budget �-� 4 Department a 9/ h -i Risk Management - �_...- 52 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of Indian River Lagoon Greenway, Phase 2B ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Indian River Lagoon Greenway, Phase 2B Bid Number: 2014029 Project Address: 850 Indian River Boulevard Vero Beach, FL ARTICLE 3 — ENGINEER 3.01 Knight, McGuire & Associates, Inc. is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. Page 1 of 7 53 ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 6.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors Page 2 of 7 54 or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.03 Paragraphs 6.01 and 6.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify and hold harmless the OWNER, ENGINEER, and their officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the construction contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Page 3 of 7 55 D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive); 2. Notice to Proceed 3. Public Construction Bond (pages _ to , inclusive); 4. Certificate of Liability insurance 5. Invitation To Bid, Including Appendices A through C 6. Drawings consisting of a cover sheet and sheets numbered 1 of 3 through 3 of 3, with each sheet bearing the following general title: Indian River County Lagoon Greenway; 7. Addenda (numbers 1. to 2, inclusive); Page 4 of 7 56 8. CONTRACTOR'S Bid Form (pages 11 to 12 of 26, inclusive); 9. Bid Bond (page 1 inclusive); 10. Bidders Questionnaire (page 9 to 10 of 26, inclusive); 11. Affidavit of Compliance (page 14 of 26); 12. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 15 to 16 of 26, inclusive); 14. Schedule of Work (submitted with bid, pages X throughI, inclusive) 15. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 16. Contractor's Application for Payment (pages 1-5 inclusive); 17. Contractors Final Certificate of the Work (Pages 1 to 2, inclusive) ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. Page 5 of 7 57 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Compliance with Chapter 119, Florida Statutes A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 2. Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Consultant upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. B. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Page 6 of 7 CONTRACTOR: 58 By: Peter D. O'Bryan, Chairman By: Joseph A. Baird, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Roland M. DeBlois, AICP Title: Chief, Environmental Planning and Code Enforcement Section 1801 27th Street Vero Beach, FL 32960 (772) 226-1258 Facsimile: (772) 978-1806 Page 7 of 7 By: (Contractor) Attest (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 59 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: FROM: SUBJECT: Christopher R. Mora, P.E. Public Works Director James D. Gray, Jr. Coastal Engineer Partial Release of Retainage Work Order No. 1 Sector 3 Beach Restoration — Services CONSENT AGENDA for Ecological Associates, Inc., 2013 Post Construction Monitoring DATE: March 31, 2014 Qg RIPTION AND CONDIT ONS On March 19, 2013 the Board approved a contract withEcological CountyIogfor Associates, a two year Inc. (EAI) for professional coastal environmental services in Indian 2013- 2015. EAI is the selected County consultant for professional biological monitoring services related to the Sector 3 Beach Restoration Project. Work Order No. 1 to this contract provided foro e� services The Board approved Work No.1 13 post construction monitoring for the Sector 3 Beach Restoration Project. approximately Order 93% or amount was $399.995 and includes0 derl1 Nos lahas been . To completed;of which $37,242.74 is $372,427.41 of the tots currently held as retainage. EAI is requesting the partial release of withheld retainage from the now 100% completed Tasks 7 and 8. The total amount invoiced for Tasks 7 arid 8was $241,962.41, 41the .41,releofse wofhich nag n $24,196.24 was retained by the County. Therefore, EAIis requesting . the amount of $24,196.24. All remaining withheld retainage under this Work Order No. 1 will be requested through a separate agenda Item. FU__NDMN_G urist Tax evenu Local funding of Beach Restoration includesaportion of Local Funding for the reOleasenofretainage is from as well as allocation of the One Cent Sales Tax. Account # 128-206004-05054. F:\Public WorksVames01Sedor 3\EAI Work Orders\WO # 1-- Biological Monitoring 2013\Agenda Item\Relainage Release\FINAL memo agenda partial retainage release EAI Work Order #1— 4-8-14.docx 60 Page 2 BCC Consent Agenda Item Sector 3 Beach Restoration April 8, 2014 I ELOMMENDATION Staff recommends the Board approve the partial release of retainage for Work Order No. 1 in the amount of $24,196.24. ATTACHMENT Ecological Associates, Inc. Invoice No. 2045 — Dated 3/25/14 APPROVED AGENDA ITEM APPROVED FOR• Agrll 8.2014 F;\Fublic Works\JamaG\Seotor 31EA1 Work Orders\WO # 1 -- Biological Monitoring 2013\Agenda Item\Retainage Release\FINAL memo agenda partial retainage release EAI Work Order #1— 4-8-14.doac 61 RecoveQ VIA e --i i "- 31Z511+ ECOLOGICAL ASSOCIATES, INC. ECOLOGICAL ASSOCIATES, INC. P.O. BOX 405 JENSEN BEACH, FLORIDA 34958 FEIN: 65-04685'75 FEE INVOICE #2045 — March 25, 2014 PROJECT NAME: CLIENT: Indian River County Sector 3 Sea Turtle Monitoring - 2013 (PROJECT 13-339) Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1344 * Email: jf?rav(dircgov.com PROJECT DESCRIPTION: Daily sea turtle monitoring and related permit -compliance monitoring along approximately 9.1 miles of beach from R-19 south to R-68 in Indian River County, Florida, as described in EAPs Scope of Work dated April 2, 2013. CONTRACT: Continuing Agreement for Professional Environmental Support Services, March 19, 2013 WORK ORDER NUMBER: 1 PROJECT DURATION: April 2013 — May 2014. BILLING PERIOD: April 2013 — March 2014 CHARGES: Partial Release of Retainage TOTAL CHARGES TO DATE TOTAL RETAINAGE WITHHELD TO DATE REQUESTED RELEASE OF RETAINAGE TERMS: Net 30 days. ge-r. 1 $372,427.41 $37,242.74 $24,196.24 C{O1-O61 fL 69 1NigliNc 'SECS 3 62 Mr. James D. Gray, Jr. Coastal Engineer Indian River County Public Works 1801 27th Street Vero Beach, Florida 32960 l E ECOLOGICAL ASSOCIATES, INC. March 25, 2014 RE: Partial Release of Retainage --- Sector 3 Beach and Dune Restoration Project Dear James: Ecological Associates, Inc. (EAI) is herein requesting partial release of invoiced monies retained by Indian River County under Work Order No. 1 of our Continuing Contract Agreement for Professional Environmental Support Services dated March 19, 2013. In particular, EAI is seeking release of monies retained for services provided by its sub- contractor, CSA Ocean Sciences, Inc (CSA). To date EAI has invoiced for $241,962.41 for Tasks 7 and 8, of which 10% was retained by the County (see accompanying table). Those tasks relate to hard bottom monitoring and year-end reporting performed by CSA during 2013, both of which have been successfully completed. Accordingly, EAI respectfully requests that the County initiate the requisite administrative review to affect release of $24,196.24 in retained funds. EAI will submit a request for the release of the remaining retainage upon completion of the next sea turtle in -water survey, the final task to be completed under Work Order No. 1. If you have any questions regarding EAI's services or associated costs, I can be reached at (772) 334-3729. Sincerely, Robert G. Ernest President Ecological Associates, Inc. • P.O. Box 405 • Jensen Beach, Florida 34958 Phone: (772) 334-3729 • Fax: (772) 334-4925 • Email: info(8lecoioolcal-associates.com 63 o 0 69 O 69 0 0 o 69 0 0 O 69 0 00 0\ d0' 69 0 o O 69 0 ON rn telN 00 69 8 69 0 0 69 0 69 0 00 64 o 00 0 vo 1- N 69 0 00 - Es 0M kr;) 00 69 4 N 4 N 64 0 N M N 69 o 0 N 0 0 O 0 69 O 0 Q1 69 0 O 69 0 00 M 00 69 A 0' N N S 69 0 O 69 0 0 00 r 69 0 0 0; Q1 V'1 00 69 S b9 o 0 00 69 0 0 0 00 r -t 0 ,o M 00 69 t- 69 0 0 '0 N N 69 0 0 N N '0 69 0' 69 8 00 69 0 8 00 R 734 U 0 •o tV 00 0 0 O o 8 ab mer 1 0 12)0 00 .1 00 .0 0 0 F 64 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ( ()NSF;A I. TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Christopher J. Kafer, Jr., P.E., County Enginee FROM: Michael D. Nixon, P.E., Roadway Production Manager4/ SUBJECT: DATE: Change Order No. 4 and Release of Retainage Old Dixie Highway Sidewalk from 8th Street to SR 60 IRC Project No. 1102 Bid No. 2012052 March 20, 2014 DESCRIPTION AND CONDITIONS On November 13, 2012, the Board of County Commissioners awarded Bid No. 2012052 to Timothy Rose Contracting, Inc. in the amount of $325,518.37 for the construction of 1''A miles of 5 -foot wide concrete sidewalk along the east side Old Dixie Highway. This project is funded by a Florida Department of Transportation Local Agency Program (LAP) grant, FM No. 425710-1-58-01. Three Change Orders have been approved to date by the Board of County Commissioners, increasing the total contract to $422,321.94. Change Order No. 4 is to make final adjustments to contract bid items to decrease the total contract price by $6,604.14 for a final cost of $415,717.80 and to add justified time due to additional work requested by the County. Timothy Rose Contracting, Inc. has been paid $391,529.62 to date, with $19,576.48 held in retainage. Timothy Rose Contracting, Inc. has completed the project and submitted Pay Application No. 9 (Final) for final payment and release of retainage in the amount of $43,764.66. FUNDING Funding for this project is reimbursable from the FDOT Local Agency Program (LAP) grant, FM No. 425710-1-58-01. Payment for Timothy Rose Contracting, Inc. Pay Application No. 9 (Final) is budgeted and available from Optional Sales Tax, Account No. 31521441-066510-12814, Old Dixie Highway Sidewalk (8th Street to 20th Street) in the amount of $24,188.18 and from Optional Sales Tax Retainage Account No. 315-206000-12814, Old Dixie Highway Sidewalk (8th Street to 20th Street) in the amount of $19,576.48 for a total of $43,764.66. F:\Public Works\ENGINEERING DIVISION PROJECTS\1101-01d Dixie Hwy Swk 8th St to SR 60-LAP\Adnim\agenda items\BCC Agenda FINAL CO - Release of Retain. 3-10-14.doc 65 Page 2 BCC Agenda Item for April 8, 2014 Old Dixie Highway Sidewalk from 8th Street to SR 60 BCC - Change Order No. 4 and Release of Retainage RECOMMENDATION Staff recommends approval of Change Order No. 4 and payment of Timothy Rose Contracting, Inc. Pay Application No. 9 (Final) for final payment and release of retainage in the amount of $43,764.66 and additional time to the contract. ATTACHMENTS 1. Timothy Rose Contracting, Inc. Pay Application No 9 FINAL 2. Change Order No. 4 3. Schedule of Items to Change Order No. 4 to be Added and Deleted 4. Work Change Directive No. 3 5. Letter from Timothy Rose Contracting, Inc., dated March 17, 2014 requesting additional time to the contract DISTRIBUTION Timothy Rose Contracting, Inc. APPROVED AGENDA ITEM FOR April 8, 2014 Indian River County Ap. •. • Date Administration �1 Budget i' 4/414 Legal • Q / �% J/ ', Public Works C,,,. � s -3 i — I Engineering�- 3. if F:\Pubkc Works\ENGINEERING DIVISION PROJECTS\1102-01d Done Hwy Swk Sth St to SR 60-LAP\Admim\agenda items\BCC Agenda FINAL CO - Release of Retain. 3- 1D-14.doc 66 SECTION 00622 - Contractor's Application for Partial Payment Application for Payment No.9 FINAL. For Work Accomplished through the period of 01/01/14 through 02/28/14 . To: Indian River County (OWNER) From: Timothy Rose Contracting, Incorporated Contract: 1102 Project: Old Dixie Highway Sidewalk Improvements from 8th Street to S.R. 60 OWNER's Bid No. 2012052 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or -): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): $325,518.37 $96, 803.57 $422,321.94 $415,717.80 0% of completed Work: $0.00 % of retainage: $ Total Retainage: $0.00 6. Total completed and stored to date Tess retainage (4 minus 5): $415,717.80 7. Less previous Application for Payments: $371,953.18 8. DUE THIS APPLICATION (6 MINUS 7): $43,764.6j2 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated 63/6 G(/ q State of F-10 By: Timothy Rose Contracting, Incorporated (CONTRACJR) County of j'u', ri e YI Subscribed and sw. n to b • = this day of �a v4. Notary Public My Commissi pees: 00622 - 1 C:1Users\Owner\Documents\Old Dixie Hwy Sidewalk Imps\Cover PA # 9 FINAL.doc 401'to VICKIE LEE WRIGHT 4 Notary poplls-11110 of WWI �` 'h' My Comm on Exp. MIfslt11, 2016 k jole Commlubn NO. EE 171452 Page 1 of 2 67 CERTIFICATION OF ARCHITECT OR CONSULTING ENGINEER (WHERE APPLICABLE): I certify that I have checked and verify the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and correct statement of the work performed and/or material supplied by the Contractor. Dated (ARCHITECT / ENGINEER) SIGNATURE CERTIFICATION OF ENGINEER / INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. It is my opinion that this statement of work performed and/or materials supplied is accurate, that the Contractor is observing the requirements of the Contract, and that the Contractor should be paid the amount requested above. Dated Accompanying Documentation: ( ENGINEER/INSPECTOR) SIGNATURE * * END OF SECTION * * Page 2 of 2 00622-2 C:1UserslOwner\Documents\Old Dixie Hwy Sidewalk ImpsCover PA # 9 FINAL.doc 68 A•-1 FLORIDA SOD, .LNC. 450 O EN ST11,1-.. ROAD? DAVENPORT, FL 33897 P1114: (863) 424-622? : (863) 424-681 ' 11/10/13 104522 1 INVOICE INVOfCE NO. PAG.: )3. TO: Timothy Rose 1360 SW OId Dixie Highway #106 Vero Beach, Florida 32962 DESCRIPTION Invoice ILLING CODE ILLING DATE, CUSTOMER P.O. NO. Bermuda Sod Pick Up Tube Deposit ACCOUNT NO. Timothy R Invoice MANAGER HOUSE Timothy Rose 1360 SW OId Dixie Highway #106 Vero Beach, Florida 32962 PROJECT NO. 4-/ INSTRUCTIONS Field Pickup QUANTITY WM PRICE A2:2(6_,) BOLL TUBE 33.60 15.00 AMOUNT 873.60 390.00 REMIT PAYMENT TO: A-1 FLORIDA SOD, INC. SO DEEN STILL ROAD ,� AVENPORT, FL 33897 TERMS: WLFMSWH1 DIMENSION BUSINESS FORMS & PRINTING 9417244849 1,113462.0415.10 PR84TED IN USA. SUBTOTAL TAX RETAINAGE LESS DEPOSIT AMOUNT DUE PREVIOJS BILLING TOTAL 131LLII3GS $1,263.60 $61.15 $0.00 $1,324.75 69 A-1. FLORIDA SOD, INC. 450 DEEIALL ROAD DAVE PORT, FL 33897 PHCONE: (863) 424-6222 FAX: (863) 474-681 1 w. - BILL' TQ; Timothy Rose 1360 SW Old Dixie Highway #106 Vero Beach, Florida 32962 DESCRIPTION Invoice BILLING -CODS BILLING DATE 11/24/13 DESCRIPTION Bahia Sod Pick Up Tube Deposit CUSTOMER P.O NO q, K1" INVOICE {JA 1 e. INVOICE NO. PA(.3E 11/24/13 104567 1 ACCOLJN.F 110 Timothy R Invoice MANAGER HOUSE Timothy Rose 1360 SW Old Dixie Highway #106 Vero Beach, Florida 32962 PROJECT130. INSTRUCTIONS Field Pick up QUANTITY LIU PRICE AMOUNT 24.00 .00 ALL TUBE 31.50 15.00 756.00 360.00 1 REMIT PAYMENT TO: .V-1 FLORIDA SOD, INC. ,50 DEEN STILL ROAD DAVENPORT, FL 33897 TERMS: WL.FM5WHI DIMENSION BUSINESS fORNS & PRINTING 811-714.4849 Y.7_3,13 2 40 0-05.10 PRINTED IN U.S.A. SUBTOTAL TAX RETAINAGE 3 LESS DEPOSIT AMOUNT DILE PREVIOJS BILLING TOTAL BILLINGS $1,116.00 $52.92 $0.00 $1,168.92 70 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated 3:/// 3/1 NATURE *******lrat******* *****************Irk**** * ,t******* *Int*******1rr***** * ,r*#A*** ******************r [The Remainder of This Page Was Left Blank Intentionally] 00622 - Contractors Application for Payment - 03-10 rev 00622-4 F,1PubHIc Works\ENGINEERING DIVISION PROJECTS11102-0Id Dixie Hwy Swk 8th St to SR 60- AP virrimlbid documents Waster Contract Documents \00622 - Contractor's Application for Payment - 03-10 rev.doc Rev. 05101 REMIT PAYMENT TO: TERMS: A-1 FLORIDA SOD, INC. 150 DEEN STILL ROAD DAVENPORT, FL 33897 WLFMSWHI DIMENSION BUSINESS FORMS 6 PRINTING 901-7204B49 WZ3/82 C- 1C PRINT ED IN U. S.A. 71 SUBTOTAL TAX RETAINAGE LESS DEPOSIT AMOUNT DUE PREVOUS &LLtN TOTAL.BILLINGS $2,697.00 $127.89 $0.00 $2,824.89 72 z ! 1 { 75 -9,570.00 ;o § ( \ $ ■ § ! § § �\ I ! § § ! ! ! 8 2 - ® . SUBTOTAL I @ . ! § / | ! ! § | 2 § § § ! ± | | / # ° $ K ! § § £ E £ K § f § `2 3,135.00 15,05625 2,900 00 1,000,00 4,620.92 ( :P:i: f ! # 2 S , § ! | - S ! kƒ § k f | 2 <4# r2 ! ,`5, @ § - 5\ }]` a q | § ® ` § \ 'Al 8°■ k'© w kk § § : k f m § m | .\ . e a■ \ 2 e- ■! ° § _ OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS, STH ST. TO S.R. 60 SUB TOTAL) '4 ( s ! C 1 a r-. R E ,E ` -\ 2 ■ 2 ! ! , ICIPM FENCING (RESET EXISTING) PERFORMANCE TURF (IAATCK EXISTING) PEDESTRIAN SKSNAL (RELOCATE) SINGLE SIGN POST (FURNISH & INSTALL) SINGLE SIGN POST (RELOCATE) RETRO- REFLECTIVE PAVEMENT MARKERS THERMOPLASTIC, STANDARD, WMTE, SOUD, 12' THERMOPLASTIC, STANDARD, WHITE, SOLID, 24" THERMOPLASTIC, STANDARD, YELLOW, SOLID, 6' PUBLIC CONSTRUCTION BOND TRENCH SAFETY COMPLIANCE (OVER 5) (SEE SEC. 0045. TRENCH SAFETY COMPUANCE (SHORING) (SEE SEC. 004 MISCELLANEOUS ( .. ; } / / / | k k \ } ■ z ! 1 { 75 7 ! ! 8• 8 • | | ! • ! 2 2 mV19151e1bn 21 61 PO R a ! 8 8 8 8 8 8 8 8 S8 8 8 8 8 8 O1 8 G S8 8 8 8 8 8 8 8 O 0 8 0 0 8 8 8 8 8 O p p O 8 8 F 8 O 8 8 8 8 8 8 8 0 8 8 O 8 8 O 8 8 g ri 8 8 8 8 8 8 8 8 8 O 8 8 8 0 d 8 8 8 8 8 8 8 8 8 O 8 8 ti 8 8 8 C 8 8 8 8 8 8 8 8 8 CI 8 8 8 8 8 8 o 8 8 8 8 8 8 8 lef8 n 0 8 8 8 .4 8 a 8 8 8 8 8 8 8 8 g 8 O 8 8 8 8 8 1:. -J 0 O 1 0 O 1- w 1- 0 8 � U 0 v 0 88 0 a L g i R 1 8 5 0 4 1 1 8 2 15 R.CP. 1ef LF E 0 8 3 a 1 8 1 n 0 8 J 1- 0 O i 2 2 8 1 1 77 SECTION 00942 - Change Order Form No. 4 (FINAL) DATE OF ISSUANCE: April 8, 2014 EFFECTIVE DATE: April 8, 2014 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting, Inc. Project:Old Dixie Highway Sidewalk Improvements from 8th Street. to 20th Street OWNER's Project No. 1102 Bid No. 2012052 FM No.425710-1-58-01 ENGINEER Indian River County Engineering Division You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to make final payment and release of retainage to the Contractor. This change order is to make final adjustments to the contract time (Final Completion Date) in order to complete additional work and material procurement as required to complete the work in Work Directive No. 3 Attachments: 1) Schedule of items to be Added and Deleted 2) Work Change Directive No. 3 (drainage repair & ATT utility riser) 3) Letter from Timothy Rose Contracting, Inc., dated March 17, 2014 requesting additional contract time. CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $325,518.37 Net Increase from previous Change Order Nos. 1,2 & 3 $96,803.57 Contract Price prior to this Change Order: $422,321.94 Net decrease of this Change $(6,604.14) Order No. 4: Contract Price with all approved Change Orders: $415,717.80 CONTRACTOR (Signature) Date: 3(2 /A7 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: -Net (days and dates) 120 days / 6-12-13 150 days / 7-13-13 1 change from previous Change Order Nos. 1, 2 & 3 Substantial Completion: Final Completion: (days) 182 182 Contract Time prior to this Change Order: Substantial Completion: Final Completion: (days and dates) 302 days / 12-16-13 332 days / 1-18-14 Net increase this Change Order No. 3: Substantial Completion: Final Completion: (days) 0 days 34 days Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days and dates) 302 days / 12-16-13 366 days / 2-21-14 RECOMMEN ED:� �.f t�L ENGINEER (Sigfiature) Date: 3-017 - Lf APPROVED: By: OWNER (Signature) Date: P:1Pubhe Woeies1ENGINEERING DIVISION PROIECTS\1102-01d Dixie Hwy Swk 8th St to SR 60-LAP\Admim'Change Orders\Change Order No. 4, FINALdoc 78 Old Dixie Highway Sidewalk Improvements 8th St. to S.R. 60 CHANGE ORDER NO. 4 Jttem No. Description of Change Quantity Unit J Unit Price I Price Increase Price Decrease County Project No. 1102 Old Dixie Sidewalk improvements 8th street to S.R. 60 286-1 Turnouts and drives (6" thick concrete) Turnouts and drives (Asphalt) Mitered End Section (Other Elliptical) (12"x18` SD) 69 21 1 SY TN EA 30.60 202.00 794.00 $2,111.40 $4,242.00 $794.00 288-2 430-984-623 515-1-2 Hand Rail - Guard Rail Aluminum 77 LF 93.00 $7,161.00 522-2 Concrete Sidewalk (6" thick) 5.5 5800 SY SY AS 32.36 1.65 1,450.00 $178.06 $9,570.00 52,900.00 570-1-2 Performance Turf (Match Existing) 653-400 Pedestrian Signal (Relocate) 2 700-20-11 Single Sign Post (Furnish and Install) 2 AS 200.00 $400.00 706-3 Retro -Reflective Pavement Markers 8 EA 6.00 $48.00 711-12-123 THERMOPLASTIC, TRAFFIC STRIPE, WHITE, Solid, 12" 101 LF 2.40 $242.40 711-11-125 THERMOPLASTIC, TRAFFIC STRIPE, WHITE, Solid, 24" 27 LF 4.60 $124.20 711-11-221 THERMOPLASTIC, STANDARD, Yellow, Solid 6" 385 LF 1.20 5462.00 FORCE ACCOUNT 1 LS 30,000,00 $30,000.00 WORK CHANGE DIRECTIVE NO. 3 WCD #4 Type "C" Inlet 1 EA 2,400.00 $2,400.00 WCD #4 15" CMP 8 LF 77.00 5616.00 WCD #4 Special Order Bell South Riser Ring (including installation) 1 LS 500.00 $500.00 Sub -total - Work Directive No 3 = $3516.00 SUB -TOTALS $27,572.46 $34,176.60 TOTAL CHANGE ORDER # 4 -86,604.14 79 SECTION 00948 - Work Change Directive No. 3 DATE OF ISSUANCE: 4/8/2014 EFFECTIVE DATE: 4/8/2014 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting, Inc. Bid No: 2012052 Project: Old Dixie Highway Sidewalk Improvements from 8th St. to S.R. 60 OWNER's Contract No. 2012052 ENGINEER's Contract No. 1102 ENGINEER: Indian River County You are directed to make the following changes in the Contract Documents: Proceed with work that includes the installation of a type C inlet, 15" piping and the addition of an ATT manhole riser. Reason for Change Order: 1. to correct a localized flooding problem near station 234+50. 2. To install an ATT manhole riser that was in conflict with the new sidewalk. Requested 12 additional days to the contract time. Attachments: 1. Proposal by Timothy Rose Contracting, Inc. for drainage work dated February 3, 2014. 2. Proposal by Timothy Rose Contracting, Inc. for ATT riser dated October 9, 2013. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices: Contract Times Unit Prices Lump Sum X Other. Prices mutually agreed upon By Change Order: Estimated increase in Contract Price: Drainage work $3,016.00 ATT Riser $500.00 Total $3,516.0.0 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. X Contractor's Records X Engineer's Records _ Other. Time extension mutually agreed upon By Change Order: Increase in Contract Times: 12 days See attached letter from Tim Rose dated October 9, 2013. This time will be included in the Final Change Order. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: _- , By: -,°"---. RECOMMENDED: By:X APPROVED: By: CONTRACTOR (Signature) Date: 4 1 ENGINEER (Signature) Date: 3 —(V' I OWNER (Signature) Date: F:\Public Works ENGINEERING DIVISION PROJECTS11102-0Id Dixie Hwy Swk 8th St to SR 60-LAPIAdmiw\Work Change Drectives11102 - Wotk ( age Directive #3 drain , nnl ring.doc 80 TIMOTHY ROSE CONTRACTING, INC. 1360 OId Dixie Highway SW, Suite 106 Vero Beach, Florida 32962 (772) 564 7800 (772) 564 7888 Timrose7@comcast.net February 3, 2014 Indian River County— Engineering Attn: Chip Boyette 1800 27th Street Vero Beach, Fl 32960 RE: OId Dixie Sidewalk Improvements (8th Street To SR 60) REQUESTED CHANGE ORDER PROPOSAL Change Order Proposal for Additional inlet and Pipe: One (1) Type "C" Inlet 15" Pipe — 8 LF Total Requested Change in Contract If you have any questions, do not hesitate to contact our office. Thank you — Vickie Wright Timothy Rose Contracting, Inc. Add: $ 2,400.00 Add: $ 616.00 Add: $ 3,016.00 81 TIMOTHY ROSE CONTRACTING, INC. 1360 Old Dixie Highway SW, Suite 106 Vero Beach, Florida 32962 (772) 564 7800 (772) 564 7888 Timrose7(ii comcast.net October 9, 2013 Indian River County Attn: Michael Nixon 1800 27th Street Vero Beach, FI 32960 RE: Old Dixie Sidewalk Improvements (8th Street To SR 60) REQUESTED CHANGE PROPOSAL Change Order Proposal for Added Riser (BellSouth MH): Add Riser for BellSouth MH — South of 12th Street on Old Dixie Add: $ 500.00 Total Requested Change in Contract Add: $ 500.00 Total Requested Days To Contract Time Add: 12 Days If you have any questions, -do not hesitate to contact our office. Thank you — Vickie Wright Timothy Rose Contracting, Inc. 82 TIMOTHY ROSE CONTRACTING, INC 1360 Old Dixie Highway S W, Suite 106 Vero Beach, Florida 32962 (772) 564 7800 (772) 564 7888 Itnrose7(a)conu ast.ilei March 17, 2014 Indian River County - Utilities Division Attn: Michael Nixon 1800 27th Street Vero Beach, FL 32960 RE: Old Dixie Sidewalk Improvements - SR 60 to 8th St Mr. Nixon - I have a substantial completion record in our file reflecting a date of December 16, 2013. The final completion date per Change Order # 3 is January 18, 2014. An additional 34 days were necessary for procurement of the added structure, along with the installation of this structure, sidewalk, and record as built drawings. This was all completed by February 21, 2014. Please tet me know if you require any additional information, or if any forms are needed. Thank you for your time. Kindest Regard-- Vic ie Wrtgt C: TRC / File 83 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director Cvv% From: Manuel Cabo, Telecommunications Manager SUBJECT: Extension of Agreement between Indian River County (IRC) and AT&T DATE: March 26, 2014 ( O\st:\ BACKGROUND: On February 16, 2010, the Board of County Commissioners approved three new contract service agreements with AT&T to cover the following: lines in the Vero Beach Central Office area, Enhanced 911 Phone System, and lines operating out of the Sebastian Central area. These agreements serviced the use of the phone lines by all offices under the Board of County Commissioners and the Constitutional Officers including the Election's Office and Sheriff's office, which benefited multiple individual accounts and created a 25.06% annual savings over the previous charges. Attached are proposed AT&T service contract extensions, covering PRI (Primary Rate Interface) services, AT&T Centrex Telephone Line Services, 911 ANI (Automatic Number Identification) services, and 911 ALI (Automatic Location Information) services. ANALYSIS The attached AT&T Contract renewals are for two additional years, at the discounted rate structure that is currently in place, with an option to extend one additional year, at the end of the initial contract term. The original contract agreements gave us a 25% discount over the previous cost of the services provided by AT&T. The renewal of these agreements maintains our cost savings to prevent Telecommunications costs rising, as shown per contractual item on the attached spreadsheet. AT&T PRI services are the main telecommunications format through which all IRC PBX Telephone systems communicate with the PSTN (Public Switched Telephone Network). The PRIs handle most IRC Telephone traffic, both incoming and outgoing, for multiple PBX Telephone Systems locations throughout the county. AT&T Centrex Telephone service is the telecommunications format through which most IRC remote locations, and smaller PBX Telephone service locations are handled, and communicate with the PSTN. Centrex lines allow the flexibility to re -direct incoming calls to altemate sites, such as during telephone service outages or emergencies. The AT&T contract extensions proposed here for Centrex services, are divided into two groups. These cover the two AT&T Central Office Exchange locations that currently serve IRC — Vero Beach, and Sebastian. F:\Publ Works\Luanne M1TelecommunicationsiA endas\Extension of Agreement Between IRC & AT&T 03-20.14.doc 9 84 PAGE TWO Extension of Agreement between Indian River County and AT&T Agenda item for April 8, 2014 The 911 services described in these AT&T contract extensions are for data entry to identify the specific address location of the 911 caller, when an emergency call is made to 911 services providers. This allows emergency services to be dispatched to the correct site, even if the caller cannot speak, or if there are service degrading telephone problems at the site. AT&T is currently proposing Telecommunications services changes through the FCC, along with other telecommunications providers, in an effort to ultimately retire legacy PSTN formats such as PRI, Centrex, and Standard copper -based telephone lines. The effort is geared to replace these types of traditional telephone communications formats with IP based Network services; Data Network services, in short. As these efforts move forward, the cost of PSTN legacy telephone services will continue to escalate, "exponentially", as shown on the attached spreadsheet. Telecommunications Division is currently working with NEC, our main PBX telephone systems provider, as well as with AT&T, and others, on formats that will serve our Telecommunications systems in the future with formats such as SIP Trunk services, and IP Trunks over fiber optic network links. These new formats convert telephone conversations (voice) into data packets, which would then be transmitted and received over IRC Internet circuits to the PSTN. These are the main PSTN communications formats for the more advanced VoIP (Voice over Internet Protocol) Telephone systems that are currently driving the industry. FUNDING The agreements will service the use of the phone lines by all offices under the Board of County Commissioners and the Constitutional Officers including the Election's Office and the sheriff's Office. There are a multitude of individual accounts that will be served through these agreements. Renewal of these agreements will ensure that there will be no change to the existing pricing schedules. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached contract extensions to keep the price structure for these AT&T services from increasing. ATTACHMENTS AT&T Spreadsheet Comparison of Contractual Rates versus Non -contractual Rates Contract Extension for 911 Services, Case Number FL13-4756-01 Contract Extension for Centrex Services Sebastian, Case Number 13-4588-02 Contract Extension for Centrex PRI Services Vero Beach, Case Number 13-4528-00 DISTRIBUTION AT&T Business Solutions For: April 8, 2014 By: eph Pl. Baird, County Administrator Administration �r, �� County Attorney _ r Budget err, c M� 2c� V-.2 - Pi y-71( Public Works Telecommunications F:\Public Works\Luanne M1Telecommunications\AgendaslExtension of Agreement Between IRC & AT&T 03-20-14.doc 85 Indian River County AT&T Current Services Contractual Rates vs. Non -contractual Rates Indian River County Existing Services Contractual Items under FL08-5566-03 5iatibnlunks" EqP i" iIfK0116 1D`,181 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt M9Q1X-NAR Inward Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC NP3 M 1ACC M9QCX M9Q1X HTG M4LFH CENCA ATNCS QTY Monthly 1 50.00 1 $900.00 49 $490.00 18 $180.00 67 $0.00 407 $3,256.00 351 51,386.00 215 $32.25 Primary Rate ISDN 772-226-1000 Flat Rate PRI Optional Calling Plans Calling Name Delivery 772-226-3100 Flat Rate PRl Optional Calling Plans Calling Name Delivery 772-226-4000 Flat Rate PRI Optional Calling Plans Calling Name Delivery 772-569-5700 Flat Rate PRI Optional Calling Plans WDDKR 2 51,000.00 OCWFE 1 550.00 PR7CN 2 50.00 WDDKR 2 51,000.00 OCWFE 1 550.00 PR7CN 2 $0.00 WDDKR 1 5500.00 OCWFE 1 550.00 PR7CN 1 50.00 WDDKR 2 51,000.00 OCWFE 1 $50.00 Local Business Lines -Various Billing Accounts Business Flat -Rate MultiLine MFB 39 51,392.00 Indian River County Existing Services Contractual Items under FLO8-6847-03 911 Trunks, ANI, AU and Selective Routing 911 EMXX trunks (9UL3X) Enh 911 Net Svc Chg (E8Z) 9UL3X 25 53,000.00 E8Z 38 53,200.00 86 Non Contractual Rates Contractual Rates FLO9-6868-03 & FL13-0328.0O Qty Unit Coat Monthly Qty Unit Cost Monthly Centrex Common Equipment PP5 1 $2,580.00 52,580.00 1 $900.00 5900.00 NARs 67 $14.77 $989.59 67 510.00 5670.00 Hunting on NARS 67 510.00 5670.00 67 50.00 50.00 Centrex Stations 407 516.05 $6,532.35 407 58.00 53,256.00 Centrex Control per Station Link 351 $3.95 51,386.45 351 53.95 $1,386.45 Reserved Telephone numbers 215 50.15 $32.25 215 $0.15 $32.25 Non -Publish Service 1 55.50 $5.50 1 $0.00 50.00 Business Lines 39 568.00 52,652.00 39 $23.00 5897.00 PRI w12313 Channels 7 $3,966.50 527,765.50 7 5500.00 53,500.00 Optional IntraLATA LD (15,000min Plan) 60,000 50.03 51,740.00 4 550.00 5200.00 Calling Name Delivery 5 $100.00 5500.00 5 $0.00 50.00 FLO9-6847-03 & FL13-0758-00 911 EMXX trunks (9UL3X) 25 5140.00 53,500.00 25 5120.00 53,000,00 Enh 911 Net Svc Chg (E8Z) 32 5107.90 $3.452.80 32 $100.00 $3.200.00 Total 551,806.44 $17,041.70 Indian River County Existing Services Contractual Items under FL08-5566-03 5iatibnlunks" EqP i" iIfK0116 1D`,181 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt M9Q1X-NAR Inward Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC NP3 M 1ACC M9QCX M9Q1X HTG M4LFH CENCA ATNCS QTY Monthly 1 50.00 1 $900.00 49 $490.00 18 $180.00 67 $0.00 407 $3,256.00 351 51,386.00 215 $32.25 Primary Rate ISDN 772-226-1000 Flat Rate PRI Optional Calling Plans Calling Name Delivery 772-226-3100 Flat Rate PRl Optional Calling Plans Calling Name Delivery 772-226-4000 Flat Rate PRI Optional Calling Plans Calling Name Delivery 772-569-5700 Flat Rate PRI Optional Calling Plans WDDKR 2 51,000.00 OCWFE 1 550.00 PR7CN 2 50.00 WDDKR 2 51,000.00 OCWFE 1 550.00 PR7CN 2 $0.00 WDDKR 1 5500.00 OCWFE 1 550.00 PR7CN 1 50.00 WDDKR 2 51,000.00 OCWFE 1 $50.00 Local Business Lines -Various Billing Accounts Business Flat -Rate MultiLine MFB 39 51,392.00 Indian River County Existing Services Contractual Items under FLO8-6847-03 911 Trunks, ANI, AU and Selective Routing 911 EMXX trunks (9UL3X) Enh 911 Net Svc Chg (E8Z) 9UL3X 25 53,000.00 E8Z 38 53,200.00 86 AT&T Current Services Contractual Rates vs. Non -con Indian River County Existing Services Contractual Items under FLO9-6810-03 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC NP3 M1ACS M9QCX HTG M4LFH CENCA ATNCS QTY Monthly 1 50.00 1 $30.00 8 596.00 8 50.00 15 5218.40 15 $59.25 1 $0.15 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC QTY Monthly NP3 MIACS M9QCX HTG M4LFH CENCA ATNCS 1 1 30 30 80 80 14 $0.00 530.00 5360.00 50.00 51,164.80 5316.00 $2.10 FELLSMERE CENTREX 772 5712303 146 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Unk ATNCS-Assign Tel No. w/o Facilities USOC NP3 M1ACS M9QCX HTG M4LfH CENCA ATNCS QTY Monthly 1 50.00 1 530.00 5 560.00 5 50.00 6 $88.85 6 $23.70 1 50.15 87 Non Contractual Rates Contractual Rates FL09-8810-03 & FL13-4688-02 Qty Unit Cost Monthly Qty Unit Cost Monthly Centrex Common Equipment PP1 3 5100.00 $300.00 3 530.00 590.00 Centrex 101 $25.85 $2,610.85 101 $14.56 51,470.56 Centrex Control per station link 101 53.95 5398.95 101 53.95 5398.95 NARs 43 514.77 $635.11 43 512.00 5516.00 Hunting on NARS 43 510.00 5430.00 43 $0.00 50.00 Reserved Telephone Numbers 16 $0.15 $2.40 16 50.15 52.40 Non -Publish Service 3 $5.50 $16.50 3 50.00 $9M Total $4,393.81 $2,477.91 Indian River County Existing Services Contractual Items under FLO9-6810-03 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC NP3 M1ACS M9QCX HTG M4LFH CENCA ATNCS QTY Monthly 1 50.00 1 $30.00 8 596.00 8 50.00 15 5218.40 15 $59.25 1 $0.15 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Link ATNCS-Assign Tel No. w/o Facilities USOC QTY Monthly NP3 MIACS M9QCX HTG M4LFH CENCA ATNCS 1 1 30 30 80 80 14 $0.00 530.00 5360.00 50.00 51,164.80 5316.00 $2.10 FELLSMERE CENTREX 772 5712303 146 Description Non Published Service Customized Common Equipment NAR Package-2Way-Flat Rt Hunting/Rollover Service Station Links Equipped with Caller ID Flat Rate CENCA-Centrex Control per Station Unk ATNCS-Assign Tel No. w/o Facilities USOC NP3 M1ACS M9QCX HTG M4LfH CENCA ATNCS QTY Monthly 1 50.00 1 530.00 5 560.00 5 50.00 6 $88.85 6 $23.70 1 50.15 87 at&t /1-/A/5 '4? Addendum to AT&T CLEC intrastate Pricing Schedule Case Number FL 13-4528-00 AT&T MA Reference No. 139535UA CUSTOMER ("Customer") AT&T ("AT&T") Indian River County Street Address: 1800 27th Street City: Vero Beach State: FL Zip Code: 32960 - Billing Address For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. Street Address: 1800 27th Street City: Vero Beach State: FL Zip Code: 32960- CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Manny Cabo Title: Telecommunications Manager Telephone: 772-226-1318 Fax: - - Egiail: mcabo@ircgov.com Street Address: 1800 27th Street City: Vero Beach State: FL Zip Code; 32960- Name: Nancy Vinez Title: Account Manager Telephone: 561-775-4245 Fax: - Email: nv5238@att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7'" Floor City: Atlanta State: GA Zip Code: 30319 With a coin to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Authorized Agent or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: This Addendum ("Addendum") changes existing Contract Service Arrangement FL09-5566-03 to a Pricing Schedule. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-5566-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration: This offer shall expire on: 4/30/2014. 1. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions. Customer further agrees that this Addendum, and any orders, constitute the complete and exclusive statement of the Pricing Schedule between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Pricing Schedule. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Page 1 of 5 AT&T and Customer Confidential Information 88 atat Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number Ft_13-4528-00 3. This Addendum is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Pricing Schedule may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Addendum. BellSouth Telecommunications, LLC d/b/a AT&T Florida COUNTY, FLORIDA Date BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER A lLX.t � JZA W itness� LcATcfAva (print name) Date: By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form and L ufficiency / L..G! ji,�'an Reingold, County Attorney ill I1/I i• />4)/,. r. /oseph Baird, County Administ ator Page 2 of 5 AT&T and Customer Confidential Information 89 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Case Number FL13-4528-00 Option 1 of 1 Rate Elements Non -Recurring Monthly Rate There are no changes to the existing $.00 rate elements. $.00 USOC Page 4 of 5 AT&T and Customer Confidential Information 91 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number FL13-4528-00 Option ' of 1 The 'NOTES' section of the 'RATES AND CHARGES pages of Pricing Schedule FLO9-4566-03 is modified by the addition of the following: 1. EARLY TERMINATION If Customer migrates an AT&T ILEC PRI Service or Service Component (the 'Terminated ILEC Service") to a qualifying AT&T Business Voice over IP (BVoIP) Service, then AT&T will waive the Early Termination Charge directly resulting from terminating the Terminated CLEC Service if: (a) the Terminated ILEC Service has been installed at the Customer site for no fewer than 12 months; (b) the Minimum Payment Period for the replacement AT&T BVoIP Service is equal to or greater than the remaining commitment for the Terminated ILEC Service; (c) the replacement AT&T BVoIP Service is installed or available at the same Customer sites as the Terminated ILEC Service; and (d) activation of the replacement AT&T BVoIP service at the Customer site occurs within 90 days of termination of the Terminated ILEC Service at that Customer site. The foregoing shall not apply to Services provided by the AT&T ILEC affiliate in Connecticut. 2. Notice of Withdrawal Service and Service Component Withdrawals during Pricing Schedule Term Prior Notice Required from AT&T to Withdraw and Terminate a Service 12 months Prior Notice Required from AT&T to Withdraw and Terminate a Service Component 120 days Applicable Service /Service Components Any of the following: Centrex Business Lines CrisisLink Primary Rate ISDN There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 92 at&t S E'3AsTtAnJ Avie_04-467 Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13.4588-02 AT&T MA Reference No. 139535UA CUSTOMER S"Customer") AT&T ("AT&T") Indian River County Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960 - Billing Address For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960- CUSTOMER Contact (for Contract Notices) AT&T Sales Confect Information and for Contract Notices Name: Manny Cabo Title: Telecommunications Manager Telephone: 772-226-1318 Fax: Email: mcaboeircgov.com Street Address: 1800 27th St City: Vero Beach State: FL Zip Code: 32960- Name: Nancy Vinez Title: Account Manager Telephone: 561-775-4245 Fax - - Email: nv5238@att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7'h Floor City: Atlanta State: GA Zip Code: 30319 With a coo)/ to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast®att.com AT&T Authorized Agent or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: This Addendum ("Addendum") changes existing Contract Service Arrangement F109-6810-03 to a Pricing Schedule. THE UNDERSIGNED PARTIES, AT&T Florida, ("Company") and Indian River County ("Customer), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6810-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration: This offer shall expire on: 4/30/2014. 1. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions. Customer further agrees that this Addendum, and any orders, constitute the complete and exclusive statement of the Pricing Schedule between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Pricing Schedule. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Page 1 of 5 AT&T and Customer Confidential Information 93 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13-4588-02 3. This Addendum is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Pricing Schedule may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Addendum. BellSouth Telecommunications, LLC BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER d/b/a AT&T Florida COUNTY, FLORIDA coqCC""`"� f ,,, Witness • Lea Tctyl L/O C 1I cV-- (print name) By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Forth an f .: i Sufficiency Ian Reingold, County Attorney [� eph Aacrd, CounC ty Administrator Page 2 of 5 AT&T and Customer Confidential information 94 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13-4588-02 Option 1 of 1 Service description: Description: BellSouth® Centrex service for multiple systems. Pricing Schedule Term: Twenty-four (24) month service period from the Company date of acceptance of this Addendum. Renewal: Upon mutual agreement by both parties, this Agreement may be extended for additional one-year terms under the same terms and conditions herein; written notice of intent to extend for an additional year should be given to provider no less than sixty (80) days prior to expiration of the current one year term. All terms and conditions of Pricing Schedule FL09-6810-03 apply to this Addendum unless modified herein. Page 3 of 5 AT&T and Customer Confidential Information 95 atm Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Rate Elements There are no changes to the existing rate elements. Case Number FL13-4588-02 Option 1 of 1 Non -Recurring Monthly Rate $.00 $.00 USQC Page 4 of 5 AT&T and Customer Confidential Information 96 t&t Addendum to AT&T 1LEC Intrastate Pricing Schedule Case Number FL13-4588-02 Option 1 of RATES AND CHARGES NOTES: There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 97 t&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13-4756-01 AT&T MA Reference No. 139535UA CUSTOMER ("Customer") AT&T ("AT&T") For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. Indian River County Street Address: 1800 27th Street City: Vero Beach Slate: FL Zip Code: 32960- Billina Actrjress Street Address: 1800 27th Street City: Vero Beach State: FL Zip Code: 32960- CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: John King Title: 911 Coordinator Telephone: 772-567-8000 Fax: Email: jking@ircgov.com Street Address: 1800 27th Street City: Vero Beach State: FL Zip Code: 32960- Name: Nancy Vinez Title: Account Manager Telephone: 561-775-4245 Fax: - Email: nv52380att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 71" Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast 0att.com AT&T Authorized Agent or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: THE UNDERSIGNED PARTIES, AT&T Florida, ("Company') and Indian River County ("Customer"), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule FL09-6847-03. This Addendum is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. Offer Expiration: This offer shall expire on: 4/3012014. 1. Customer acknowledges that Customer has read and understands this Agreement and agrees to be bound by its terms and conditions. Customer further agrees that this Addendum, and any orders, constitute the complete and exclusive statement of the Pricing Schedule between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Pricing Schedule. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. 3. This Addendum is not binding upon Company until executed by an authorized employee, partner, or agent of Customer and Company. This Pricing Schedule may not be modified, amended, or superseded other than by a written instrument Page 1 of 5 AT&T and Customer Confidential Information 98 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13-4756-01 executed by both parties, approved by the appropriate Company organization, and incorporated into Company's mechanized system. The undersigned warrant and represent that they have the authority to bind Customer and Company to this Addendum. BellSouth Telecommunications, LLC dba AT&T BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Florida L 7n r (/ l fetr' (print nary By Peter D. O'Bryan, Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to Form Baird, County Administrator Page 2 of 5 AT&T and Customer Confidential Information 99 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule Case Number FL13-4756-01 Option 1 of 1 Service description: This Addendum to Pricing Schedule FLO9-6847-03 extends the service period for an additional twenty-four (24) months. Upon mutual agreement of the parties, this Pricing Schedule may be extended for two (2) additional one- year renewals. Upon mutual agreement of the parties, Customer may renew this Agreement to provide for an upgrade of the E91 1 equipment service purchased or leased from Company. An Upgrade is defined as a replacement by Company of existing equipment to available newer technology at the time of the request. All terms and conditions of Pricing Schedule FLO9-6847-03 apply to this Addendum unless modified herein, Page 3 of 5 AT&T and Customer Confidential Information 100 at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES Rete Elements There are no changes to the existing rate elements. Case Number FL13-4756-01 Option 1 of 1 No -Recurring Monthly Rate $.00 $.00 USOC Page 4 of 5 AT&T and Customer Confidential Information 101 i*, at&t Addendum to AT&T ILEC Intrastate Pricing Schedule RATES AND CHARGES NOTES: Case Number EL13-4756-01 Option 1 of There are no other additions, deletions or changes to the above referenced Pricing Schedule included in this Addendum. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force and in effect. END OF ARRANGEMENT AGREEMENT OPTION 1 Page 5 of 5 AT&T and Customer Confidential Information 102 CONSENT INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E.Cr.N Public Works Director FROM: James D. Gray, Jr Coastal Engineer SUBJECT: Florida Fish and Wildlife Conservation Commission (FWC) Grant Agreement No. 13127 Indian River County Artificial Reef Construction FY 2013/2014 DATE: March 27, 2014 DESCRIPTION AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) received FY 2013/2014 funding to assist in the construction of offshore artificial reefs within the State of Florida. In March, 2013 staff applied for and received grant funding to construct an offshore artificial reef complex consisting of two (2) 400 ton patch reefs within Indian River County's permitted artificial reef site "2" located approximately 10 miles offshore of the Sebastian Inlet; at a depth of 70 feet. The reefs will consist of a total of approximately 800 tons of clean concrete materials obtained from donations and existing materials stored at the County's Road and Bridges compound that are not suitable for other County projects. FWC grant Agreement No. 13127 commits up to $53,091, with a County match requirement of 15% or $9,000 for a total grant amount of $62,091. As specified in the grant agreement, the County must complete construction by August 21, 2014; however can request a 10 -day extension option to August 31, 2014 if needed. Given the compressed schedule to complete the project, staff has explored entering into a "piggy backing" agreement with the St. Lucie County artificial reef contractor, McCuIIy Marine Services, Inc. Staff has discussed the County's intent with both St. Lucie County and McCully Marine Services, Inc. and McCully Marine Services, Inc. has agreed to honor the same negotiated rates they have with St. Lucie County with Indian River County. The only cost differences may be the result of the additional mobilization required for Indian River County's artificial reef site. Upon the Board's approval of FWC grant Agreement No. 13127 staff will begin formalizing a piggy backing agreement for the Board's consideration. FUNDING Funding for the County portion is available in Beach Restoration Fund/Other Contractual Services/Artificial Reef, Account No. 12814472-033490-05053. F:1Public WotkallameeMArtificial Reef Program\FY 2013-14 FWC Grant Application\ Agenda Item\agenda item 13127 FWC Grant Agreement — Artificial Reef Profram.docx 103 Page 2 BCC Agenda Item FWC Grant Agreement No. 13127 April 8, 2014 RECOMMENDATION Staff recommends the Board approve FWC Grant Agreement No. 13127 and authorize the Chairman to sign two (2) copies of the Agreement on behalf of the County. Please note: there are two sections of the grant package that require signatures; Grant Agreement page 19 of 19 and Grant Agreement, Attachment B —Certifications and Assurances page 4 of 4. Following Board approval, the County will transmit both partially executed Agreements to the Florida Fish and Wildlife Conservation Commission for final signatures. Upon receipt of the fully executed original FWC Grant Agreement No. 13127 from the State, staff will transmit to the Clerk to the Board of County Commission for recording. ATTACHMENT 1. FWC Grant Agreement No. 13127 (2 original copies) 2. Indian River County Grant Form # FWC-13127 APPROVED AGENDA ITEM FOR: Aar 118.2104 Indian River County Approved Date/ Administration 4 4»f Budget ,. 14 4/2/ Legal 0 �1h Public Works r! If—.2. —If Coastal Eng. Division r JOG 3121114 F:\Public W orksUameaG'Artif cial Reef Program\FY 2013-14 FWC Grant ApplicationlAgenda Itemlagenda item 13127 FWC Grant Agreement -- Artificial Reef Program.docx 104 GRANT NAME: Indian River County Artificial Reef Construction 2013-14 AMOUNT OF GRANT: $62,091 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. TELEPHONE: ext. 1344 1RANT # FWC-13127 1. How long is the grant for? August 31, 2014 Starting Date: April, 2014 YES NO 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? 4. Percentage of match to grant 15.00 5. Grant match amount required $9,000 X X 6. Where are the matching funds coming from (Le. In -Kind Services; Reserve for Contingency)? Funding is available in Artificial Reef Account No. 12814472-033490-05053 7. Does the grant cover capital costs or start-up costs? If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) X No No 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Description Position Position Position Position Position Acct. 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (1'1) 012.11 Social Security $ $ Fourth Year $ $ 012.12 Retirement — Contributions Fifth Year $ $ $ —_ 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? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 3lZ 1-U 105 Grant Amount Other Match Costs Not Covered Match Total First Year s $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ Fifth Year $ $ $ —_ Signature of Preparer: Date: 3lZ 1-U 105 FWC Agreement No. 13127 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AGREEMENT No. 13127 CFDA Title(s): Federal Aid in Sport Fish Restoration Program CFDA No(s).: 15.605 Name of Federal Agency(s): U.S. Fish and Wildlife Service Federal Award No(s): FL-F-F13AF01224 (F-42-28) Federal Award Year(s): 2013 - 2014 Federal Award Name(s): Marine Artificial Reef Planning, Development, Administration, and Assessment in Florida: A Cooperative State/Local Government Effort (F-42) CSFA Title(s).: Florida Artificial Reef Program CSFA No(s).: 77-007 State Award No(s).: FWC-13127 State Award Year(s): 2013 - 2014 State Award Name(s): Indian River County Artificial Reef Construction 2013-14 This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and the Indian River County Board of County Commissioners, FEID # 59-60000674, whose address is 1801 27th Street, Vero Beach, FL 32960, hereinafter "Grantee." WHEREAS, the Commission and Grantee have partnered together to construct a marine artificial reef complex consisting of a total of a minimum of 800 tons of clean concrete materials to create two new patch reef locations (400 tons each) within the Indian River County Site 2 permitted artificial reef site in federal waters of the Atlantic Ocean off Indian River County, located 10 nm from Sebastian Inlet on a bearing of 68 degrees at a depth of 70 feet; and, WHEREAS, Grantee has been awarded a grant entitled "Indian River County Artificial Reef Construction 2013-14", Grant number FWC-13127 ; and, WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. NOW THEREFORE, the Commission and the Grantee, for the considerations hereafter set forth, agree as follows: 1. PROJECT DESCRIPTION. The Grantee shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A and made a part hereof (hereafter, Scope of Work). The Scope of Work specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this agreement is the result of Grantee responses to the Commission's request for competitive or other grant proposals, the Grantee's response is hereby incorporated by reference. Ver. October 15, 2013 Page 1 of 19 106 FWC Agreement No. 13127 2. PERFORMANCE. The Grantee shall perform the activities described in the Scope of Work in a proper and satisfactory manner. Unless otherwise provided for in the Scope of Work, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Grantee. Grantee shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Grantee shall be Iicensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Grantee shall provide evidence of such compliance to the Commission upon request. The Grantee shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Grantee warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Grantee. Grantee shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement pursuant to Paragraph nine (9) below, in the event Grantee's ability to perform under this Agreement becomes compromised. 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. This Agreement is made pursuant to a grant award and shall be effective upon execution by the last Party to sign, and shall remain in effect through 108/311/2014. However, as authorized by Rule 68-1.003, F.A.C., referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. Agreements executed under this grant award shall not precede a start date of 03(014. For this agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Grantee. The Grantee shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $53,091. B. Payments. The Commission shall pay the Grantee for satisfactory performance of the tasks identified in Attachment A, Scope of Work, as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager identified in Paragraph eleven (11), below. Unless otherwise specified in the Scope of Work, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in the Scope of Work, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only Ver. October 15, 2013 Page 2 of 19 107 FWC Agreement No. 13127 reimburse the Grantee for allowable costs resulting from obligations incurred during the agreement period specified in Paragraph three (3). C. Invoices. Each invoice shall include the Commission Agreement Number and the Grantee's Federal Employer Identification (FEID) Number. Invoices may be submitted electronically. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Grantee acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match. Pursuant to grant program guidelines, the Grantee is required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A, Scope of Work. E. Travel Expenses. If authorized in Attachment A, Scope of Work, travel expenses shall be reimbursed in accordance with Section 112.061, F.S. F. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations, but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Grantee in writing at the earliest possible time if funds are not appropriated or available. G. Non -Competitive Procurement and Rate of Payment. Section 21 6.3475, F.S., requires that under non-competitive procurements, a Grantee may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Grantee warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, or the Scope of Work specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. Electronic Funds Transfer. Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: http://www.fldfs.com/aadir/direct deposit web/Vendors.htm Ver. October 15, 2013 Page 3 of 19 108 FWC Agreement No. 13127 Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. 5. CERTIFICATIONS AND ASSURANCES. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes: Debarment and Suspension Certification; Certification Against Lobbying; Certification Regarding Public Entity Crimes; and Certification Regarding the Scrutinized Companies List (applicable to agreements in excess of $1 million); Attachment B, incorporated and made part of this Agreement. 6. RETURN OR RECOUPMENT OF FUNDS. A. Overpayment to Grantee. Pursuant to Section 215.971(1)(e)&(f),1'.S., the Grantee shall return to the Commission any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by the Commission. In the event that the Grantee or its independent auditor discovers that overpayment has been made, the Grantee shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event that the Commission first discovers an overpayment has been made, the Commission will notify the Grantee in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Grant Manager, and made payable to the "The Florida Fish and Wildlife Conservation Commission." B. Additional Costs or Monetary Loss Resulting from Grantee Non -Compliance. If the Grantee's non-compliance with any provision of the Agreement results in additional cost or monetary Loss to the Commission or the State of Florida, the Commission can recoup that cost or loss from monies owed to the Grantee under this Agreement or any other agreement between Grantee and the Commission. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Grantee and the Commission, the Grantee will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Grantee is unable to repay any cost or loss to the Commission, the Commission shall notify the State of Florida, Department of Financial Services, for resolution pursuant to Section 17.0415, F.S. 7. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. The Grantee recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Grantee acknowledges that Property being improved is titled to the State of Florida, belongs to the State of Florida, and is not subject to lien of any kind for any reason. The Grantee shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder Ver. October 15, 2013 Page 4 of 19 109 FWC Agreement No. 13127 8. MONITORING. The Commission's Grant Manager shall actively monitor the Grantee's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific monitoring terms, conditions, and schedules may be included in Attachment A, Scope of Work. 9. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days of written notice of its intent to terminate. The Grantee shall not be entitled to recover any cancellation charges or lost profits. B. Termination -- Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Grantee with written notice of termination. C. Termination — Other. The Commission may terminate this Agreement if the Grantee fails to: 1.) comply with all terms and conditions of this Agreement 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. The Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Funds Availability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours notice in writing to the Grantee. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the fmal authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Grantee will be compensated for any work satisfactorily completed prior to notification of termination. E. Grantee Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Grantee shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Grantee shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. 10. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a)&(b), F.S., Attachment A, Scope of Work, contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Grantee fails to produce each deliverable within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable may be deducted from the Grantee's payment. In addition, pursuant to Section 215.971(1xc), the Ver. October 15, 2013 Page 5 of 19 110 FWC Agreement No. 13127 Commission shall apply any additional financial consequences, such as liquidated damages, identified in the Scope of Work. B. Cumulative Remedies. The rights and remedies of the Commission in this paragraph are in addition to any other rights and remedies provided by law or under the Agreement. 11. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone and fax numbers, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. A designation of a new Grant Manager shall not require a formal amendment to the Agreement. FOR THE COMMISSION: Grant Manager Keith Mille Environmental Specialist III Division of Marine Fisheries Management 2590 Executive Center Circle East, Suite 203 Tallahassee, FL 32301 Phone: (850) 617-9633 Fax: (850) 487-4847 keith.mille@juno.com 12. AMENDMENT. FOR TILE GRANTEE: Grant Manager James Gray County Coastal Engineer Indian River County 1801 27th Street, Building A Vero Beach, FL 32960 Phone: (772) 226-1344 Fax: (772) 778-9391 jgray@ircgov.com A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulation. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. 13. INTELLECTUAL PROPERTY RIGHTS. A. Grantee's Preexisting Intellectual Property Rights. Unless specifically addressed in the Attachment A, Scope of Work, intellectual property rights to the Grantee's preexisting property will remain with the Grantee. The Grantee shall indemnify and hold harmless the Commission and its employees from any liability, including costs, expenses, and attorney's fees, for or on account of any copyrighted, patented, or un -patented invention, process or article manufactured or supplied by the Grantee. B. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual property right created or otherwise Ver. October 15, 2013 Page 6 of 19 111 FWC Agreement No. 13127 developed by the Grantee under this Agreement for the Commission shall be handled in the manner specified by the applicable state statute and/or federal program requirements. C. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by federal funds, the federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. 14. RELATIONSHIP OF THE PARTIES. A. Independent Grantee. The Grantee shall perform as an independent Grantee and not as an agent, representative, or employee of the Commission. The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Grantee and the Commission. B. Grantee Training and Qualifications. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Grantee. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's security or other requirements. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Commission may reject and bar from any facility for cause any of Grantee's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. E. Commission Rights to Undertake and Award Supplemental Agreements. Grantee agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Grantee and its subcontractors shall cooperate with such other Grantees and the Commission in all such cases. 15. SUBCONTRACTS. A. Authority. Grantee is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. Grantee shall ensure, and provide assurances to the Commission upon request, that any subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of Ver. October 15, 2013 Page 7 of 19 112 FWC Agreement No. 13127 this Agreement. The Grantee must provide the Commission with the names of any subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subcontractor. The Grantee agrees to be responsible for all work performed and all expenses incurred with the project. Any subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Grantee further agrees that the Commission shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. The Grantee, at its expense, will defend the Grantor against such claims. The following provisions apply, in addition to any terms and conditions included in Attachment A, Scope of Work. B. Grantee Payments to Subcontractor. If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Grantee and subcontractor. Grantee's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. C. Commission Right to Reject Subcontractor Employees. The Commission shall retain the right to reject any of the Grantee's or subcontractor's employees whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor as Independent Contractor. The Grantee agrees to take such actions as may be necessary to ensure that each subcontractor 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 of Florida. 16. MANDATORY DISCLOSURE. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State of Florida. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in the Grantee or its affiliates. B. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Grantee has a continuing duty to promptly disclose to the Commission's Agreement Manager, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Grantee's ability to perform under this agreement. if the existence of such Proceeding causes the Commission concern that the Grantee's ability or willingness to perform the Agreement is jeopardized, the Grantee may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Grantee and/or its employees, agents or subcontractor(s) have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. 17. INSURANCE. Ver. October 15, 2013 Page 8 of 19 113 FWC Agreement No. 13127 A. Reasonably Associated Insurance. During the term of the Agreement, the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Grantee will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Grantee, for the protection of its employees not otherwise protected. Employers who have employees who are en ,: ged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless the Grantee is a state agency or subdivision as defined by Section 768.28(2), F.S., or unless otherwise provided for in the Scope of Work, the Grantee shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Grantee shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A, Scope of Work. E. Written Verification of Insurance. Upon execution of this Agreement, the Grantee shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, the Grantee shall furnish the Commission's Grant Manager proof of applicable insurance coverage by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. 18. PUBLIC ENTITY CRIMES. Ver. October 15, 2013 Page 9 of 19 114 FWC Agreement No. 13127 A. Convicted Vendor List. Pursuant to Subsection 287.133(2Xa), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: http://www.dms.mvflorida.com/business operations/state purchasing/vendor_information/convic ted suspended_discriminatory complaints vendor lists B. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission within 30 days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. C. Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission's Grant Manager a completed copy of the form entitled "Certifications and Assurances," attached hereto and incorporated as Attachment B. This includes the Certification Regarding Public Entity Crimes. 19. VENDORS ON SCRUTINIZED COMPANIES LIST. A. Scrutinized Companies. If this Agreement is in the amount of one (1) million dollars or more, in executing this Agreement, the Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, F.S., and is not engaged in business operations in Cuba or Syria. B. False Certification — Termination. Pursuant to Subsection 287.135(3)(b), F.S., the Commission may immediately terminate this Agreement for cause if the Grantee is found to have submitted a false certification or if, during the term of the Agreement, the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engages in business operations in Cuba or Syria. C. False Certification — Termination Notice. If the Commission determines that the Grantee has submitted a false certification, the Commission will provide written notice to the Grantee. Unless the Grantee demonstrates in..writing, within ninety (90) days of receipt of the notice, that the Commission's determination of false certification was made in error, the Commission shall bring a civil action against the Grantee. If the Commission's determination is upheld, a civil penalty equal to the greater of two million dollars ($2 million) or twice the amount of this Agreement shall be imposed on the Grantee, and the Grantee will be ineligible to bid on any agreement with an agency or local governmental entity for three (3) years after the date of the Commission's determination of false certification by the Grantee. D. Cessation of Federal Authority. In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified in this paragraph, this provision shall be null and void to the extent no longer authorized. 20. SPONSORSHIP. As required by Section 286.25, F.S., if the Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through Ver. October 15, 2013 Page 10 of 19 115 FWC Agreement No. 13127 this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Grantee's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Grantee's organization. Additional sponsorship requirements may be specified in Attachment A, Scope of Work. 21. PUBLIC RECORDS. A. This Agreement may be unilaterally canceled by the Commission for refusal by the Grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Grantee in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. B. Pursuant to Section 119.0701, F.S., the Grantee shall comply with the following: i. Keep and maintain public records that ordinarily and necessarily would be required by the Commission in order to perform the service. ii. Provide the public with access to public records on the same terms and conditions that the Commission would provide the records and at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. iv. Meet all requirements for retaining public records and transfer, at no cost, to the Commission all public records in possession of the Grantee upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the Commission. 22. SECURITY AND CONFIDENTIALITY. The Grantee shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A, Scope of Work. The Grantee shall not divulge to third Parties any confidential information obtained by the Grantee or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Grantee shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. 23. RECORD KEEPING REQUIREMENTS. A. Grantee Responsibilities. The Grantee shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Grantee Books, Documents, Papers, and Records. The Grantee shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Grantee's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. C. Grantee Records Retention. Unless otherwise specified in Attachment A, Scope of Work, these records shall be maintained for five (5) years following the close of this Agreement. The Grantee Ver. October 15, 2013 Page 11 of 19 116 FWC Agreement No. 13127 shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Grantee Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Grantee shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (HATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000 awarded on or after October 1, 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. 24. FEDERAL AND FLORIDA SINGLE AUDIT ACT REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Grantee has been determined to be a recipient of state fmancial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Circular A-133, the Grantee may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Grantee shall comply with the audit requirements outlined in Attachment C, "Requirements of the Federal and Florida Single Audit Acts," attached hereto and made a part of the Agreement, as applicable. 25. NON -EXPENDABLE PROPERTY. A. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and nonexpendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25 or more; and uncirculated hardback -covered bound books, with a value or cost of $250 or more). B. Title to Non -expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A, Scope of Work. 26. FEDERAL FUNDS. This Contract relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. The Grantee shall be responsible for complying with all federal grant requirements as provided in its grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the Grantee is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. Ver. October 15, 2013 Page 12 of 19 117 B. FWC Agreement No. 13127 Compliance with Federal Laws, Rules and Regulations. As applicable, the Grantee shall comply with all federal laws, rules, and regulations, including but not limited to: ■ Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). • The Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). ■ Sections 103 and 107 of the Agreement Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction agreements awarded by grantees and subgrantees in excess of 82,000, and in excess of $2,500 for other agreements which involve the employment of mechanics or laborers) • 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 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). • Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). C. Compliance with Office of Management and Budget Circulars. As applicable, Grantee shall comply with the following Office of Management and Budget Circulars: • A-21 (2 CFR 220), Cost principles for Educational Institutions • A-87 (2 CFR 225), Cost Principles for State, Local, and Indian Tribal Governments • A-122 (2 CFR 230), Cost Principles for Non -Profit Organizations • A-133, Audit of States, Local Governments, and Non -Profit Organizations • A-102, Grants and Cooperative Agreements with State and Local Governments • A-110, Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Learning, Hospitals, and Other Non -Profit Organizations D. Certifications and Assurances — Drug -Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, and its implementing regulations codified at 29 CFR Part 94, the Grantee will provide a drug-free workplace. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Drug -Free Workplace Requirement Certification. E. Trafficking Victims Protection Act of 2000. This federal award is subject to the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. 7104(g), 2 CFR 175.15). As such, the awarding federal agency may unilaterally terminate this award without penalty for violations of this Act. If the Grantee is a private entity, the following provision applies to the federal award: You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— a. Engage in severe forms of trafficking in persons during the period of time that the award is in effect b. Procure a commercial sex act during the period of time that the award is in effect; or c. Use forced labor in the performance of the award or subawards under the award. 27. DEBARMENT AND SUSPENSION. A. Grantee Federal Certification. In accordance with Executive Order 12549, Debarment and Suspension, the Grantee shall agree and certify that neither it, nor its principals, is presently Ver. October 15, 2013 Page 13 of 19 118 FWC Agreement No. 13127 debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; and, that the Grantee shall not lmowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. B. Grantee Commission Certification. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, Certifications and Assurances. This includes the Certification Regarding Debarment, Suspension, and Other Responsibility Matters. 28. PROHIBITION AGAINST LOBBYING. A. Grantee Certification — Payments to Influence. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal agreement, grant, or cooperative agreement. If any non-federal funds are used for lobbying activities as described above in connection with this Agreement, the Grantee shall submit Standard Form -LLL, "Disclosure Form to Report Lobbying", and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. B. Grantee —Refrain from Subcontracting with Certain Organizations. Pursuant to the Lobbying Disclosure Act of 1995, the Grantee agrees to refrain from entering into any subcontracts under this Agreement with any organization described in Section 501(44) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. C. Prohibition against Using Agreement Funds for the Purpose of Lobbying. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Upon request of the Commission's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. D. Grantee's Completion of Certifications and Assurances. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return to the Commission a completed copy of Attachment B, "Certifications and Assurances." This includes the Certification Regarding Lobbying. 29. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6),1.'.5., if a product or service required for the performance of this Agreement is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, under this contract shall be purchased from [PRIDE] In the same manner and under the same procedures set Ver. October 15, 2013 Page 14 of 19 119 FWC Agreement No. 13127 forth in subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride- enter�rises.o. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Agreement is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to cavy out, under this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this agreement, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. C. Procurement of Recycled Products or Materials. The Grantee agrees to procure any recycled products or materials which are the subject of or are required to carry out this Agreement in accordance with Section 403.7065, F.S. 30. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. The Grantee shall comply with Section 287.05805, F.S. This section requires the Grantee to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A, Scope of Work. 31. PROFESSIONAL SERVICES. A. Architectural, Engineering, Landscape Architectural, or Survey and Mapping. If this Agreement is for the acquisition of professional architectural, engineering, landscape architectural, or surveying and mapping services, and is therefore subject to Section 287.055, F.S., the following provision applies: The architect (or registered surveyor and mapper or professional engineer, as applicable) warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the architect (or registered surveyor and mapper, or professional engineer, as applicable) to solicit or secure this contract and that he or she has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the architect (or registered surveyor and mapper or Ver. October 15, 2013 Page 15 of 19 120 FWC Agreement No. 13127 professional engineer, as applicable) any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this contract. B. Termination for Breach. For the breach or violation of this provision, the Commission shall have the right to terminate the Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 32. INDEMNIFICATION. If the Grantee is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., pursuant to Subsection 768.28(19), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. If the Grantee is not a state agency or subdivision as defined above, the Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by the Grantee, its agents, employees, partners, or subcontractors, provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. 33. NON-DISCRIMINATION. A. Non -Discrimination in Performance. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. Discriminatory Vendor List. In accordance with Section 287.134, F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. The Grantee has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. 34. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida, to the exclusion of all other lawful venues. 35. NO THIRD PARTY RIGHTS. The Parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a Party to this Agreement. 36. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any Party against any other Party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Grantee of quantum meruit. Ver. October 15, 2013 Page 16 of 19 121 FWC Agreement No. 13127 37. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with federal Executive Order 96-236, the Commission shall consider the employment by the Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Grantee knowingly employs unauthorized aliens. 38. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires Commission contracts in excess of nominal value to expressly require the Grantee to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Grantee during the contract term; and, 2.) include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E -Verify. The Department of Homeland Security's E - Verify system can be found online at http://www.dhs.gov/files/programs/gc_1185221678150. shtm C. Enrollment in E -Verify. If the Grantee does not have an E -Verify MOU in effect, the Grantee must enroll in the E -Verify system prior to hiring any new employee after the effective date of this Agreement. D. E -Verify Recordkeeping. The Grantee further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Grantee's enrollment in the program. This includes maintaining a copy of proof of the Grantee's and subcontractors' enrollment in the E - Verify Program (which can be accessed from the "Edit Company Profile" Iink on the left navigation menu of the E -Verify employer's homepage). E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 39. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay the Grantee believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the Ver. October 15, 2013 Page 17 of 19 122 FWC Agreement No. 13127 delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay fu-st arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT To DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify the Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, the Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. 40. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for the Grantee's obligation to timely provide deliverables under this Agreement including but not Iimited to timely submittal of reports, are contained in Attachment A, Scope of Work. 41. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. Ver. October 15, 2013 Page 18 of 19 123 FWC Agreement No. 13127 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOARD OF COUNTY FLORIDA FISH AND WILDLIFE COMMISSIONERS CONSERVATION COMMISSION SIGNATURE SIGNATURE Name: Name: Title: Title: Date: Date: ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legality by FWC Attorney: And Comptroller BY: (Seal) Deputy Clerk Name: Date: Attachments in this Agreement include the following: Attachment A Scope of Work Attachment B Certifications and Assurances Attachment C Requirements of the Federal and Florida Single Audit Acts Attachment D Federal Aid Compliance Requirements Attachment E Cost Reimbursement Contract Payment Requirements Attachment F Certification Regarding Debarment/Suspension for Subcontractors Attachment G Certification of Completion AS TO FO M ANDA EGAD SUFE CIE a Y BY DYLAN REINGOt-0 COUNTY ATTORNEY Ver. October 15, 2013 Page 19 of 19 124 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / SERVICES The objective of this activity is to construct a marine artificial reef by deploying at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other. The Reef Site 2 permitted area is a square permitted zone measuring one square nautical mile encompassing 745.7 acres, in federal waters off Indian River County. This site is permitted to Indian River County by the U.S. Department of the Army, Corps of Engineers Permit Number 2004-04393 (SP -TSD), which is valid until November 10, 2021. The permitted site center is located approximately 10 nautical miles on a bearing of 68° from St. Lucie Inlet. The permitted site center is located at coordinates 27° 55.507' N and 80° 15.507' W. The proposed patch reefs will be located within the northeast quadrant of the permitted area, at coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. The artificial reef construction activity to be funded consists of the following elements: MATERIALS 1. Artificial reef materials must consist of a total of at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials acceptable to the COMMISSION. All artificial reef materials shall be clean and free from asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 2. For each barge load of artificial reef materials, the GRANTEE shall inventory all of the artificial materials, calculate the tonnage (either using before and after barge draft calculations, trucking receipts, or the known weights of individual pieces or reef modules), and take a representative photograph of the artificial reef material on the barge or other deployment vessel inunediately prior to deployment. 3. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials before, during, and after the deployment. LOADING AND TRANSPORTATION 4. Artificial reef materials will be loaded using a suitable means of conveyance for transportation to a staging area site and loading onto a barge or other suitable vessel for offshore transportation to the designated artifificial reef site. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured in Version 1.0 — June 2013 Attachment A, Page 1 of 12 125 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef J FWC Agreement No. Construction 2013-2014 13127 compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 5. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The form is available on the COMMISSION'S website: http://www.myfwc.com/conservation/saltwater/artificial-reefs. DEPLOYMENT AND MATERIALS PLACEMENT 6. During the deployment of the artificial reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the Commission's observer, the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 7. At least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials will be divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other within the northeast quadrant of the permitted area, at coordinates 27 56.018' N and 80° 15.009' W at a depth of 70 feet. 8. The minimum vertical clearance of 40 ft. shall be maintained above the highest point of the reef material in the Indian River Site 2 Artificial Reef Site (in accordance with the special conditions of the US Army Corps of Engineers permit number SAJ-2004- 04393 (SP -TSD)). 9. The GRANTEE's Contract Manager or GRANTEE'S designated official observer shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the artificial reef materials. The markers shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the Version 1.0 — June 2013 Attachment A, Page 2 of 12 126 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 permit area as described above. Precise GPS placement of marker buoys that do not shift position with time are important to insure the reef is constructed within the permitted area. 10. The GRANTEE'S Project Manager or GRANTEE'S designated official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 11. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE'S observer and the subcontractor when on site. The GRANTEE'S observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. ALLOWABLE EXPENDITURES ASSOCIATED WITH 1131., REEF PROJECT 12. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(IXa), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for `engineering services'. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E -9.004(1)(a), F.A.C. for the complete list of eligible activities. 13. If the GRANTEE chooses to conduct a post -deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity for reimbursement under Chapter 68E-9.004(l)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to the grant expiration date and the following items, at a minimum, must be included: a. Methods: Name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. Conditions: Cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. Chronology: Dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? Version 1.0 — June 2013 Attachment A, Page 3 of 12 127 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef FWC Agreement No. 13127 Construction 2013-2014 f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. B. BACKGROUND Chapter 379.249 Florida Statutes creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest. Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 Florida Administrative Code defines the procedures for submitting an application for financial assistance and criteria for allocating available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program. This artificial reef construction project was selected for funding by the COMMISSION based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, Florida Administrative Code. C. SUPPORT OF COMMISSION MISSION Construction of this artificial reef will augment marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing near shore reef fish habitat, offshore recreational fishing and diving opportunities, reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of Indian River County in the Atlantic Ocean. The proposed Version 1.0 — June 2013 Attachment A, Page 4 of 12 128 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 artificial reefs will make fisheries resources available for the long term benefit of local Florida residents and visitors. D. DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. "Artificial reef' means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida's managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. "Staging area" means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of a marine artificial reef by deploying at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other. The proposed patch reefs will be located within the northeast quadrant of the permitted area, in the vicinity of coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. i. Minimum Level of Performance The artificial reef must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area. At a minimum, a total of at least 800 tons of clean concrete artificial Version 1.0 — June 2013 Attachment A, Page 5 of 12 129 Attachment A — SCOPE OF WORK Project Name: FIndian River County Artificial Reef FWC Agreement No. 13127 l Construction 2013-2014 reef material must be deployed in accordance with the specifications in this Agreement. ii. Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the COMMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION's website at http://www.myfwc.comlconservation/saltwater/artificial-reefs/. The Materials Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE's designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE's designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 2. A final field report providing the designated observer's narrative, for each day of the reef deployment operations, is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field report should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface and/or underwater). iii. Timeline for Completion All artificial reef construction must be completed by August 21, 2014. A one-time modification for an extension of up to ten (10) days (through the Agreement end date of August 31, 2014) may be authorized in writing by the COMMISSION's Contract Manager under the following conditions: a) documented hazardous weather and sea conditions do not allow for the safe deployment of reef materials offshore or, b) unanticipated documented equipment malfunction on the transport vessel or Version 1.0 — June 2013 Attachment A, Page 6 of 12 130 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. F. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. G. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. H. The GRANTEE shall be required to provide a minimum matching contribution of $9,000 of the total project costs in support of the COMMISSION's grant from the U.S. Fish and Wildlife Service. L The COMMISSION shall make payment to the GRANTEE tor an amount of the total project eligible cost less the $9,000 match, not to exceed $53,091 of approved invoiced costs. The $9,000 of invoice costs not reimbursed by the COMMISSION shall represent the GRANTEE's matching contribution as required by the COMMISSION's grant from the U.S. Fish and Wildlife Service. 5. COMPENSATION AND PAYMENT A. COST REIMBURSEMENT The GRANTEE shall be compensated for a maximum of $53,091 on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures" publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment E. The GRANTEE shall provide a minimum matching contribution of $9,000. B. INVOICE SCHEDULE A single feral invoice may be submitted after completion of the deliverable and must be received by the COMMISSION no later than October 15, 2014 to assure availability of funds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged. C. TRAVEL EXPENSES No travel expenses are authorized under the terms of this Agreement. D. FORMS AND DOCUMENTATION Version 1.0 — June 2013 Attachment A, Page 8 of 12 132 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 1. The GRANTEE shall submit a completed Materials Placement Report form along with the invoice and request for payment. The Materials Placement Report form is available on the COMMISSION's website at: www.myfwc.comlconservation/saltwater/artificial-reefs. 6. MONITORING SCHEDULE A. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials, staging area and construction site before, during, and after the deployment. B. No additional monitoring activities have been identified at this time; however, additional tasks may be identified during the pendency of this agreement. 7. INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights. 8. SUBCONTRACTS A. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of three written quotes for any subcontracts required for Agreements in the amount of $35,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in excess of $35,000. B. The use of a vendor registered with the Statewide Negotiated Agreement Price Schedule (SNAPS) does not preclude the GRANTEE from the requirements of Paragraph A. C. The GRANTEE shall submit bid specifications to the COMMISSION 's Contract Manager for approval within ninety (90) days following the execution date of this Agreement. D. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. E. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. F. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMNIISSION'S Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. G. Subcontracts for offshore transport and placement of artificial reef material shall be prepared such that upon initiation of the handling and movement of these artificial reef materials by the Version 1.0 — June 2013 Attachment A, Page 9 of 12 133 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef FWC Agreement No. 13127 Construction 2013-2014 GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. 11. A copy of this Agreement should be provided to all subcontractors and incorporated by reference in all subcontracts. The GRANTEE shall require all subcontractors to comply with all applicable provisions of this Agreement. I. Any subcontract arrangements must be evidenced by a written document available to the COMMISSION upon request. 9. INSURANCE See Agreement for applicable terms and conditions related to insurance. 10. SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. 11. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 12. NON -EXPENDABLE PROPERTY The GRANTEE is not authorized to use funds provided herein for the purchase of any non - expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. DRUG-FREE WORKPLACE Pursuant to Section 440.102(15), F.S., any construction contractor regulated under Parts 1 and 11 of Chapter 489, F.S., who contracts to perform construction work under a state contract shall implement a drug-free workplace. B. CONTRACTOR ELIGIBILITY Version 1.0 — June 2013 Attachment A, Page 10 of 12 134 Indian River County Artificial Reef Construction 2013-2014 Attachment A — SCOPE OF WORK Project Name: FWC Agreement No. 13127 1. The GRANTEE's subcontractors shall be certified by the Division of Construction Industry Licensing Board of the Florida Department of Business and Professional Regulation for the duration of this Contract, and shall provide evidence of such certification to the COMMISSION upon request. 2. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. Upon execution of subcontracts funded by this Agreement, the GRANTEE shall require subcontractors to complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment F. As required by sentences 1 and 2 above, the GRANTEE shall include the language of this section, and Attachment F in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. C. PAYMENT BOND This Section is not applicable and intentionally left blank. D. PERFORMANCE BOND This Section is not applicable and intentionally left blank. E. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment G) when all work has been completed and accepted. This form must be submitted to the COMMISSION'S Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION'S Contract Manager shall submit the executed form with the invoice to Accounting Services. F. CERTIFICATE OF PARTIAL PAYMENT This Section is not applicable and intentionally left blank. G. GRANTEE PAYMENTS TO SUBCONTRACTOR Version 1.0 — June 2013 Attachment A, Page 11 of 12 135 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef FWC Agreement No. Construction 2013-2014 13127 j compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 5. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379.249, Florida Statutes. The form is available on the COMMLSSION's website: http://www.myfwc.com/conservation/saltwater/artificial-reefs. DEPLOYMENT AND MATERIALS PLACEMENT 6. During the deployment of the artificial reef material, the transport vessel must be effectively moored through double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+1-50 feet) to ensure accurate placement of the concrete patch reef on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials should not be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the Commission's observer, the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 7. At least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials will be divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other within the northeast quadrant of the permitted area, at coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. 8. The minimum vertical clearance of 40 fl. shall be maintained above the highest point of the reef material in the Indian River Site 2 Artificial Reef Site (in accordance with the special conditions of the US Army Corps of Engineers permit number SAJ-2004- 04393 (SP -TSD)). 9. The GRANTEE'S Contract Manager or GRANTEE's designated official observer shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the artificial reef materials. The markers shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the Version 1.0 — June 2013 Attachment A, Page 2 of 12 126 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 permit area as described above. Precise GPS placement of marker buoys that do not shift position with tune are important to insure the reef is constructed within the permitted area. 10. The GRANTEE's Project Manager or GRANTEE's designated official observer shall remain on site during the entire deployment phase of the operation and conium the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 11. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for insuring that all permit condition terms are complied with. ALLOWABLE EXPENDITURES ASSOCIATED WITH 111E REEF PROJECT 12. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E-9.004(lxa), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for `engineering services'. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E -9.004(1)(a), F.A.C. for the complete list of eligible activities. 13. If the GRANTEE chooses to conduct a post -deployment SCUBA assessment at the deployment location(s) (this is not required, but is an eligible activity for reimbursement under Chapter 68E-9.004(lxa), F.A.C.), in order to be eligible for reimbursement, work must be completed prior to the grant expiration date and the following items, at a minimum, must be included: a. Methods: Name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. Conditions: Cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. Chronology: Dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? Version 1.0 — June 2013 Attachment A, Page 3 of 12 127 FWC Agreement No. Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 13127 f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 14. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. B. BACKGROUND Chapter 379.249 Florida Statutes creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest. Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 Florida Administrative Code defines the procedures for submitting an application for financial assistance and criteria for allocating available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program. This artificial reef construction project was selected for funding by the COMNVIISSION based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, Florida Administrative Code. C. SUPPORT OF COMMISSION MISSION Construction of this artificial reef will augment marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing near shore reef fish habitat, offshore recreational fishing and diving opportunities, reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of Indian River County in the Atlantic Ocean. The proposed Version 1.0 — June 2013 Attachment A, Page 4 of 12 128 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 artificial reefs will make fisheries resources available for the long term benefit of local Florida residents and visitors. D. DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. "Artificial reef' means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida's managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. "Staging area" means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of a marine artificial reef by deploying at least 800 tons of concrete railroad ties, concrete culverts, and/or other concrete modular construction materials divided among two patch reefs within the Indian River County Reef Site 2 permitted area. Each of the two patch reefs will consist of concrete materials placed as a single pile (400 tons each) located about 200 feet apart from each other. The proposed patch reefs will be located within the northeast quadrant of the permitted area, in the vicinity of coordinates 27° 56.018' N and 80° 15.009' W at a depth of 70 feet. i. Minimum Level of Performance The artificial reef must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area. At a minimum, a total of at least 800 tons of clean concrete artificial Version 1.0 — June 2013 Attachment A, Page 5 of 12 129 Project Name: Attachment A — SCOPE OF WORK Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 reef material must be deployed in accordance with the specifications in this Agreement. ii. Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the COMMISSION'S Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION's website at http://www.myfwc.com/conservation/saltwater/artificial-reefs/. The Materials Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE'S designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE's designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 2. A final field report providing the designated observer's narrative, for each day of the reef deployment operations, is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field report should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface and/or underwater). iu. Timeline for Completion All artificial reef construction must be completed by August 21, 2014. A one-time modification for an extension of up to ten (10) days (through the Agreement end date of August 31, 2014) may be authorized in writing by the COMMLSSION's Contract Manager under the following conditions: a) documented hazardous weather and sea conditions do not allow for the safe deployment of reef materials offshore or, b) unanticipated documented equipment malfunction on the transport vessel or Version 1.0 — June 2013 Attachment A, Page 6 of 12 130 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 accompanying tug or at the shore -side loading area results in an unexpected short term delay. In both situations a) and b), the reef material must either be at the staging area ready for immediate loading on the transport vessel or already loaded and ready for transport and deployment as of August 21, 2014. Advance planning that avoids dependence on a favorable weather window during the final days of the project is strongly encouraged. All request for bid packages from the GRANTEE to subcontractors must include language that specifies a completion date that ensures all materials will be in the water by August 21, 2014. Subcontracts with completion dates even earlier than August 21, 2014 to provide an additional buffer are strongly encouraged. 3. FINANCIAL CONSEQUENCES A. If the GRANTEE fails to complete construction within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. B. The GRANTEE will not be eligible for reimbursement until all reports have been provided to the satisfaction of the COMMISSION documenting that all work has been completed in accordance with the Scope of Work, and in compliance with all permit conditions. 4. PERFORMANCE A. Written or electronically transmitted progress reports must be sent to the CONI IISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. 13. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. C. The GRANTEE agrees to follow all provisions of Section 379.249, Florida Statutes and Chapter 68E-9, Florida Administrative Code during the term of this Agreement. D. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. E. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend Version 1.0 — June 2013 Attachment A, Page 7 of 12 131 Attachment A — SCOPE OF WORK Project Name: Indian River County Artificial Reef Construction 2013-2014 FWC Agreement No. 13127 J Grant Agreement No. 13127, Section 15, B, "Grantee Payments to Subcontractor" is hereby amended to read as follows: If subcontracting is permitted pursuant to Paragraph A, above, the Grantee agrees to make payments to the subcontractor within thirty (30) working days after receipt of full or partial payments from the Grantee in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the grantee and subcontractor. Grantee's failure to pay its subcontractors within thirty (30) working days will result in a penalty charged against the Grantee and paid to the subcontractor in the amount of one-half of,one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. The remainder of this page intentionally left blank Version 1.0 - June 2013 Attachment A, Page 12 of 12 136 FWC Agreement No. 13127 Attachment B CERTIFICATIONS AND ASSURANCES The Commission will not enter this Agreement unless Grantee completes the CERTIFICATIONS AND ASSURANCES contained in this Attachment. In performance of this Agreement, Grantee provides the following certifications and assurances: A. Debarment and Suspension Certification (2 CFR Part 1400) B. Certification Regarding Lobbying (31 U.S.C. 1352) C. Certification Regarding Public Entity Crimes (section 287.133, F.S.) D. Certification Regarding Drug -Free Workplace Requirements (41 U.S.C. 701 et. seq.) (as applicable to recipients and subrecipients of federal financial assistancel E. Certification Regarding the Scrutinized Companies List (section 287.135, F.S.) (as applicable) A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MA'1"1 ERS — PRIMARY COVERED TRANSACTION. The undersigned Grantee certifies to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; 2. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph A.2. of this certification; and/or 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Agreement. B. CERTIFICATION REGARDING LOBBYING — Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned Grantee certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an Ver. September 2013 Attachment B, Page 1 of 4 137 FWC Agreement No. 13127 employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employees of Congress, or employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall also complete and submit Standard Form — LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that language of this certification be included in the documents for all subcontracts at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements) and that all sub -recipients and contractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this Grant was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. C. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133, F.S. Grantee hereby certifies that neither it, nor any person or affiliate of Grantee, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Grantee understands and agrees that it is required to inform the Commission immediately upon any change of circumstances regarding this status. D. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS (If Grantee is a Recipient of Subrecipient of Federal Financial Assistance) Pursuant to the Drug -Free Workplace Act of 1988, the undersigned attests and certifies that the Grantee (if not an individual) will provide a drug-free workplace by the following actions: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in Grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Establishing an ongoing drug-free awareness program to inform employees concerning: a. The dangers of drug abuse in the workplace. b. The policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3. Making it a requirement that each employee to be engaged in the performance of the Agreement be given a copy of the statement required by paragraph D.1. of this certification. 4. Notifying the employee in the statement required by paragraph D.1. of this certification that, as a condition of employment under the Agreement, the employee will: Ver. September 2013 Attachment B, Page 2 of 4 138 FWC Agreement No. 13127 a. Abide by the terms of the statement. b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five (5) calendar days after such conviction. 5. Notifying the Commission in writing ten (10) calendar days after receiving notice under subparagraph 4.b. from an employee or otherwise receiving actual notice of such conviction. Provide such notice of convicted employees, including position title, to every Grant Manager on whose Grant activity the convicted employee was working. The notice shall include the identification number(s) of each affected Contract or Grant. 6. Taking one of the following actions, within thirty (30) calendar days of receiving notice under subparagraph 4.b. herein, with respect to any employee who is so convicted: a. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 as amended. b. Requiring such employee to participate satisfactorily in drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local, health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of this entire certification. If the Grantee is an individual, the Grantee certifies that: 1. As a condition of the grant, Grantee will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and, 2. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, Grantee will report the conviction, in writing, within 10 calendar days of the conviction, to the Commission When notice is made to such a central point, it shall include the identification number(s) of each affected grant. E. CERTIFICATION REGARDING the SCRUTINIZED COMPANIES LISTS, SECTION 287.135, F.S. If this Grant is in the amount of $1 million or more, in accordance with the requirements of section 287.135, F.S., Grantee hereby certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, F.S. Grantee also hereby certifies that it is not engaged in business operations is Cuba or Syria. Grantee understands that pursuant to section 287.135, F.S., the submission of a false certification may subject Grantee to civil penalties, attorney's fees, and/or costs. If Grantee is unable to certify to any of the statements in this certification, Grantee shall attach an explanation to this Grant. Ver. September 2013 Attachment B, Page 3 of 4 139 FWC Agreement No. 13127 By signing below, Grantee certifies the representations outlined in parts A through E above are true and correct. (Signature and Title of Authorized Representative) Grantee Date (Street) (City, State, ZIP Code) ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller BY: (Seal) Deputy Clerk Joneph A. Baird kf:Aoovnty Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY LAN REINGOLD COUNTY ATTORNEY Ver. September 2013 Attachment B, Page 4 of 4 140 FWC Agreement No. 13127 Attachment C AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Contractor may be subject to audits and/or monitoring by the Commission as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures. By entering into this Contract, the Contractor agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Contractor further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED A. This part is applicable if the Contractor is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. B. In the event that the Contractor expends $500,000 or more in Federal awards in its fiscal year, the Contractor must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and OMB Circular A-133, as revised. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Contract. In determining the Federal awards expended in its fiscal year, the Contractor shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Contractor conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Contractor shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. This includes, but is not limited to, preparation of fmancial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. Such audits shall cover the entire Contractor's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the OMB A-133 audit reports. Ver. June 2013 Attachment C, Page 1 of 6 141 FWC Agreement No. 13127 E. If not otherwise disclosed as required by section .310(b)(2) of OMB Circular A-133, as revised, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. F. If the Contractor 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 Contractor 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 the Contractor's resources obtained from other -than Federal entities). G. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census . gov/sac/sainfo.html PART II: STATE FUNDED This part is applicable if the Contractor is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. hi the event that the Contractor expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Contractor, the Contractor must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Contractor shall consider all sources of state fmancial assistance, including state financial assistance received ce does nrom ot include Fsion, other state agencies, and ederal direct or pass-through awards ands esote urceestireceiv State by financial assistance does a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Contractor shall ensure that the audit complies with the requirements of section 215.97(7), F.S. This includes submission of a financial reporting package as defined by section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. C. If the Contractor 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, F.S., is not required. In the event that the Contractor 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, F.S., the cost of the audit must be paid from the non -state entity's resources (Le., the cost of such an audit must be paid from the Contractor's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https://apps.fldfs.coin/fsaa/singieauditact.aspx. Attachment C, Page 2 of 6 Ver. June 2013 142 PART IlI: REPORT SUBMISSION A. Copies of reporting packages, to include any conducted in accordance with OMB C ircular behalf Attachment shall be submitted by or the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 SOuse designated in OMB Circular A-133, as revised (the number 2. The Federal Audit Cl Sections (d)(1) and (2), OMB Circular A-133, as revised, should of copies required by Sections .320 be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10a` Street et Jeffersonville, IN 7132 3. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), om an ing the audit report, indicate the ' of audit reports for audits conducted in accordancaccompanying � with OMB Circular A-133, as revised, and B. Copies correspondence P required by Part I of this Attachment (in correspo copies of the reporting package described in date that the Contractor received the audit report); P letters issued des bydescribed the nuditor; Section .320 (d), OMB Circular A-133, as revised, and any management ies of reports required by Part II of this Attaclunent must be sent to the Commission at the cop addresses listed in paragraph c.) below. packages required by Part II of this Attachment, including any management letters issued by C. Copies of financial reportingthe auditor, shall be submitted by or on behalf of the Contractor di____IsAy to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 FWC Agreement No. 13127 management letter issued by the auditor, for audits A-133, as revised, and required by Part I of this of the Contractor directly to each of the following at OMB Circular A-133, as revised. Attachment C, Page 3 of 6 Ver. June 2013 143 FWC Agreement No. 13127 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 the D. Any reports, management letter, or other informationrequired ro dance tobe OMB Circular A-133, �Florida ission pursuant to this Contract shall be submitted timely Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit Statutes, and Chap organizations), Rules of the Auditor General, as applicable. Contractors and sub -contractors, when submitting financial reporting packages to the Commission for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (General shlocal oo ental d indicate the entities) or 10.650 (non-profit and for-profit organizations),ules of the Auditor date that the reporting package was delivered to the Contractor/sub-contractor in correspondence accompanying the reporting package. The remainder of this page intentionally left blank. Attachment C, Page 4 of 6 Ver. June 2013 144 FWC Agreement No. 13127 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TOTHE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Aid in S Fish Restoration Pro t+ am Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLES ATOSFO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT 15.605 • Bement and 1. Only the goods and/or services described within the attached Agr Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. 4. The Grantee shall be required to provide a matching contribution of the tootal t from the project costs (a minimum of $9,000) in support of the Conunission's gra U.S. Fish and Wildlife Service. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Ver. June 2013 Total Matchin_ Funds Associated with Federal Pro i ams Attachment C, Page 5 of 6 145 FWC Agreement No. 13127 SUBJECT TO SECTION 215.97, FLORIDA STATUTES: ' '"tS h.JY lfr _ Ccx< i S- 3 da- �. - �`�'� 41 � "' �� 4 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. 15.605 Florida Artificial Reef Program $12,091 Total State Awards $12,091 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: .. , : i '� .I a s _ �`�'� 41 � "' , 'r ,Y .. ,+sk 77 , .... ..... Rp .,._ - ,,,. lrn'+.,.��t - ,.. 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. The remainder of this page intentionally left blank. Ver. June 2013 Attachment C, Page 6 of 6 146 FWC Agreement No. 13127 Attachment D State Grant Programs Part 523 Federal Aid Compliance Requirements Chapter 1 Summary 523 FW 1.1 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. - Title VI of the Civil Rights Act of 1964 - Section 504 of the Rehabilitation Act of 1973 - Age Discrimination Act of 1975 - Title IX of the Education Amendments of 1972 B. Environmental Requirements. - Coastal Zone Management Act of 1972 - Executive Order 11987, Exotic Organisms - Endangered Species Act of 1973 - National Environmental Policy Act of 1969 - Floodplains and Wetlands Protection - Animal Welfare Act of 1985 - Coastal Barriers Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act of 1966 D. Administrative Requirements. - Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Debarment and Suspension • Drug -Free Workplace Act of 1988 - Restrictions on Lobbying (P.L. 101-121) 1.3 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)). A. Summary. Prohibits discrimination based on race, color, or national origin in any "program or activity receiving Federal financial assistance." B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. ei\a4a Attachment D, Page 1 of 9 147 FWC Agreement No. 13127 (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age Discrimination Act of 1975 (42 U.S.C. 6101) A. Summary. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requ irements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. t Attachment D, Page 2 of 9 148 FWC Agreement No. 13127 B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. 1.7 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.) A. Summary. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone..." B. References. Regulations of the Department of Commerce (15 CFR 930). C. Requirements. Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Exotic Organisms Executive Order 11987 A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. B. Reference. Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the Attachment D, Page 3 of 9 149 FWC Agreement No. 13127 destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director -Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplalns and Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. if there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated into the project plans. 1.12 Animal Welfare Act of 1985 7 U.S.C. 2131, et seq. A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. B. References. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 1989). Attachment D, Page 4 of 9 150 FWC Agreement No. 13127 C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3501), as amended by the Coastal Barrier improvement Act of 1990 (P.L. 101-591) A. Summary. The purpose of the Acts are "...to minimize the Toss of human Iife, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers..." B. References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. 1.14 National Historic Preservation Act of 1966 16 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW. C. Requirements. (1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to Identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek Attachment D, Page 5 of 9 151 FWC Agreement No. 13127 determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include (a) Physical destruction, damage, or alteration of all or part of the property; (b) Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer-, lease, or sale of the historic property. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional Director must be notified and all actions which may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices to be paid for lands or interests in lands must be fair and reasonable (except when the price is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50). (2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term "uneconomic unit" as it applies to the in -lieu payment of farm operations under Title II of the Act. re Attachment D, Page 6 of 9 152 FWC Agreement No. 13127 D. Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property. (2) Reimbursement to a real property owner for costs to convey a title must include (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro -rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain (i) Currently available replacement housing, businesses, farm, and organization sites; (H) Approximate number of employees affected; (iii) Types of buildings, number, and size of rooms; (iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50 -mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving. (2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. Attachment D, Page 7 of 9 153 FWC Agreement No. 13127 1.16 Debarment and Suspension A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency. B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 - 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (DI -1953). States certify as to their "principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (DI -1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from.a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug -Free Workplace Act of 1988. A. Summary. The Drug -Free Workplace Act requires that all grantees certify that they will maintain a drug-free workplace. B. References. Department of Interior Rules, Drug -Free Workplace Requirements, 43 CFR 12.600-635. C. Requirements. Grantee organizations must (1) Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. If the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement. Attachment D, Page 8 of 9 154 FWC Agreement No. 13127 1.18 Restrictions on Lobbying (P.L. 101-121) A. Summary. Prohibits the use of federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI -1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF -LLL and SF -LLL -A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Offices. Attachment D, Page 9 of 9 155 FWC Agreement No. 13127 Attachment E COST REIMBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published bythe De Financial Services, invoices for cost reimbursement contracts must be supported Department of expenditures by category (salary, by an itemized listing of travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature e. reimbursed on a usage log which shows the units �esothe gratebeing cetc.) ged a .T! e rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Attachment E, Page 1 of 1 156 FWC Agreement No. I3127 Attachment F CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub -recipients regardless of amount, when funded by a federal grant. 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20 7111111•' debar.226Jrev.12/00 Ver. December 2013 By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number Attachment F, Page 1 of 2 157 FWC Agreement No. 13127 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying certification, in addition to other remedies available to the Federal v prnmeartyngIy rendered an erroneous t, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3 • The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous b y reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,person, primary covered transaction, principal, proposal, and voluntarily excluded,sc set out in the Defmitions and Coverage sections of rules implementing Executive Orderh12549.sYou maye, have s contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying fy g party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a rson who is dbarred, suspended, declared ineligible, or voluntarily excluded from participation m this coverred transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Volum modification, in all contracts or lower tier covered transactionsl and nin�all e solir citations for vered dower tier' without covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective Pant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. Aartici by which it determines the eligibility of its p Pant may decide the method and frequency Nonprocurement List (Telephone No. (202) 501-4740 r (202) 501-4873.) t may, but is not required to, check the 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar.226/rev.12/00 Ver. December 2013 Attachment F, Page 2 of 2 158 representing Attachment G FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION (Printed Name and Title) (Name of Grantee) do hereby certify under penalties ofper per § 216.349, Florida Statutes, that the artificial reef project funded by Grant Number FWC compliance with all terms and conditions of said Grant Agreement. has been completed in (Signature) Rev. 12/2013 (Date) 159 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. to 13.1 PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(bl: 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: Impact Fee Consultants ADDRESS: P.O. Box 651114 Vero Beach, Fl. 32965 SUBJECT MATTER FOR DISCUSSION: IS A PRESENTATION PLANNED? LS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? PHONE: 772/321-3297 Ask Commission to request school board to show cause why they should be allowed to continue to collect impact fees, request an opinion from the Florida Attorney General, review affidavit to be signed by Chief Financial officer. X x YES YES YES x NO NO NO Commission to require information from School Board before voting to continue to collect school impact fees, request an opinion by Attorney General if fees can be collected when additional capacity is not expected, review affidavit required to determine if County is in compliance. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? none YES x NO Transmitted to Administrator Via: Interactive Web Form 76- E -Mail Fax Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Baird 160 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION ive)A 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: Randy Heimler ADDRESS: 2620 Little Eagle Lane, S.W., Vero Beach, FI 32962 PHONE: 786-512-7017 SUBJECT MATTER FOR DISCUSSION: County Cohesiveness IS A PRESENTATION PLANNED? IS BACK-UP BEING PROVIDED IS THIS AN APPEAL OF A DECISION YES YES YES fX NO X , NO X NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Better interaction with School System ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail X Hand Delivered Phone YES f X NO COUNTY ADMINISTRATOR: MEETING DATE: Joseph A. Baird Doamaot2 Board Approved 11(7/06 161 C0aI 4. . PUBLIC NOTICE (INFORMATIONAL) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator DEPARTMENT HEAD CONCURRENCE Stan Boling, AIC ; ommunity Development Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: March 31, 2014 SUBJECT: Notice of Scheduled Public Hearings for Upcoming Board Meeting It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 8, 2014. DESCRIPTION AND CONDITIONS: Please be advised that the following public hearing items have been scheduled for Board consideration: April 22, 2014 1, Consideration of an Ordinance for Adopting the Proposed New Non -Residential Impact Fee Schedules for the Unincorporated Indian River County and Municipalities [Legislative]. 2. Consideration of Amendment of Land Development Regulations (LDRs) Section 973.04, Section 973.06, and County Code Section 403.08 for Nuisance Abatement Special Assessment [Legislative]. RECOMMENDATION: The above referenced public hearing items are provided for the Board's information. No action is needed at this time. F:\Community Development\lmpact Fee12014- IF Study12013-14 Impact fee study\BCC Notice of! Public Hearing April 8-2014.doc 162 APPROVED AGENDA ITEM: FOR: a. � kit BY: Indian River Co. Admin. Legal Budget Dept. Risk Mgr. Approved Date F:1Community Developmentlimpact Fee12014- IF Study12013-14 impact fee study1BCC Notice of I Public Hearing April 8-2014.doc 163 TO: THROUGH: FROM: DATE: RE: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Joseph A. Baird, County Administrator DIVISION HEAD CONCURRENCE Stan Boling, Ac ; Community Development Director Sasan Rohani, AICP; Chief, Long -Range Planning •' Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planningrt,S, March 31, 2014 t'omm1)(1 t'lopmcn1 Request for Authorization to Advertise for a Request for Proposals (RFP) for an Economic Development Positioning Analysis and Action Plan It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of April 8, 2014. DESCRIPTION & CONDITIONS At its November 12, 2013 meeting, the Board of County Commissioners (BCC) reviewed a request from the Economic Development Council (EDC) to create a budget and a Request for Proposals (RFP) for an Economic Development Positioning Plan. After deliberating, the BCC approved a motion authorizing funding of up to $75,000 for the plan to be paid from County Fiscal Year 2013- 14 and 2014-15 General Fund contingencies. The BCC then directed County staff to coordinate with the Indian River County Chamber of Commerce on the development of a RFP for consultant services for the Economic Development Positioning Initiative, have the EDC review the RFP, and bring the proposed RFP to the BCC for consideration prior to its advertisement. Since the November 12, 2013, BCC meeting, Community Development Department staff worked with Indian River County Chamber of Commerce staff and developed a proposed RFP. On March 18, 2014, the proposed RFP was reviewed by the EDC. At that meeting, the EDC voted to recommend approval of the RFP to the BCC. Attachment 1 to this staff report is the proposed RFP for an Economic Development Positioning F:\Community Development\Users\EDplanur\plans, Study's & Reports\Economic Positioning Initiative 2013-2014d3CC Agenda Items\BCC Agenda Item - DRAFT RFP for Consukant Services V3.doc 1 164 Analysis and Action Plan. Also attached is a copy of the November 12, 2013 BCC Agenda item referenced above (Attachment 2), an excerpt from the November 12, 2013, BCC meeting minutes (Attachment 3), and an excerpt from the March 18, 2014 EDC meeting minutes (Attachment 4). At this time, the BCC is to review the proposed RFP, make any necessary changes, and if acceptable, authorize staff to advertise the RFP. ANALYSIS The proposed RFP for an Economic Development Positioning Analysis and Action Plan includes the following sections: 1. Purpose of the RFP 2. Identification of the project as a joint effort between the County and the Indian River County Chamber of Commerce 3. Tentative timeframes for submission, review, and contract award 4. RFP response format requirements 5. Process and criteria for ranking RFP responses 6. County and consultant obligations 7. Standard county insurance requirements and disclosures 8. Scope of services including general and specific expectations of the consultant with specific deliverables and tasks to be performed Similar to other county issued RFPs for consultant services, selection of a qualified firm will be completed through a consultant selection committee appointed by the County Administrator. As proposed, the 5 member committee will include two County staff, one County Chamber of Commerce staff that is not a member of the EDC, one Sebastian River Area Chamber of Commerce member that is not a member of the EDC, and one member from the EDC. Criteria used to rank each firm will focus on the experience of each proposed project team, the consultant's demonstrated understanding of the project, performance of the consultant in similar projects, and positive references. Once ranking is completed by the committee, the committee's recommendation will be reviewed and considered by the BCC. Based on the BCC approved ranking, a proposed negotiated contract for services will be prepared by staff and submitted to the BCC for review and approval. The work proposed to be performed by the consultant is detailed in the "Scope of Services" section within Attachment 1 of Appendix A of the proposed RFP. The "Scope of Services" includes two phases for the project. Within each phase, specific tasks are listed for the consultant to perform, end products (deliverables) are identified, and proposed completion dates for each task are also identified. The overall project is expected to take approximately 8 months to complete after a contract is signed with a qualified consultant. As noted in the RFP, adjustments to the time frame may be made as conditions dictate. Because the proposed RFP includes multiple tasks and because it is not currently known what the overall cost of the project will be, the RFP requests that respondents provide a price breakdown by task and an overall price by phase. That breakdown of information will provide the County the option to pick and choose among specific tasks if costs exceed the County's established $75,000 budget. F:\Community Development\Users 1.EDplannr1Plans, Study's Si. Reports\Economic Positioning Initiative 2013-20141BCC Agenda Items\nCC Agenda Item - DRAFT RFP for Consultant Services V3.doc 2 165 Tasks within phase I of the project include: conducting community leaders/stakeholders summits at both the beginning and at the end of the project; interviewing various officials, groups, and individuals; preparing a competitive positioning assessment and assessment of the County's list of target industries; and preparing and presenting an analysis report and action plan. Tasks within phase I are intended to: 1. Identify how Indian River County is perceived; 2. Identify actions that can be taken to strengthen positive perceptions and reverse negative perceptions; 3. Compare and assess Indian River County in relation to competing communities; 4. Identify actions that can be taken to improve the County's competitiveness; and 5. Develop an action plan. Tasks within phase II include: identifying how Indian River County, the Chambers of Commerce, businesses, and organizations within the county are "marketing" the county; identifying common branding and marketing themes; and recommending a unified branding and marketing theme. As proposed, the RFP will be advertised on April 13, 2014, with consultant proposals due on May 14, 2014. Selection committee reviews and consultant presentations will then be conducted. The selection committee ranking will be presented to the BCC at its June 3, 2014 meeting and a proposed contract with the selected firm will be considered by the BCC at its June 17, 2014 meeting. Immediately thereafter, the selected consultant will begin working on the project. The overall estimated time frame for completing phase I tasks is eight (8) months, currently anticipated to be March 2015. The time frame for completing phase II tasks is currently undetermined and may depend upon availability of funding. As proposed, the RFP addresses various issues identified by the EDC and Indian River County Chamber of Commerce for positioning the County's ongoing economic development efforts. It provides for community stakeholder involvement in the development of the positioning plan and it provides the opportunity for the County to refine and select tasks to be completed based upon the cost by task and budget for the plan. To proceed with the project, the Board now must identify any changes it wants made to the RFP, direct staff to make those changes, and authorize county staff to advertise the RFP. Funding At the November 12, 2013 BCC meeting, the Board approved funds for the project from County General Fund contingencies. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize county staff to advertise the attached RFP for an Economic Development Positioning Analysis and Action Plan. F:\Community Development\Users\EDplannr\Plans, Study's & Repoi s\Economic Positioning Initiative 2013-2014\BCC Agenda Items\BCC Agenda Item - DRAFT RFP for Consultant Services V3.doc 3 166 ATTACHMENTS: 1. Draft RFP for Economic Development Positioning Analysis and Action Plan 2. November 12, 2013 BCC Agenda Item 3. Excerpt from November 12, 2013 BCC Meeting Minutes 4. Excerpt from Unapproved March 18, 2014 EDC Meeting Minutes APPROVED AGENDA ITEM: FOR: t 1('/YLLQ t 96i LI BY LQ,4„,p/2 4 gov,tp Indian River Co. ApproAa. Date afti kii 7Ad�min. Leg '�� 1rt I Budget K Dept. ,`• y p fy Risk Mgr. F:\Community Development\Users\EDplannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\BCC Agenda Items\BCC Agenda Item - DRAFT RFP for Consultant Services V3.doc 4 167 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 RFP # 2014022 REQUEST FbR PROPOSALS: RNFR COUNTY ECONOMIC DEVELOPMENT POSIIIONING ANALYSIS AND ACTION PLAN PLANNING DIVISION INDIAN RIVER COUNTY 1 801 27TH STREET VERO BEACH, FL 32960 Attachment 1 168 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 Purpose Indian River County, Florida ("the County"), in partnership with the County's Economic Development Council and the Indian River County Chamber of Commerce ("the Chamber"), is requesting proposals from firms with a proven background in economic development to complete a comprehensive countywide economic development positioning analysis, prepare a report and action plan, and present the report and action plan to community stakeholders at the onset and conclusion of the project at a community leader's summit. Ideally, all services including on-site research, strategic positioning, and creative development will be found in one company in order to facilitate interaction amongst the teanythrtinghout the project. The goal of • the positioning analysis and action plan is to improve ecemOMic development marketing in order to generate economic development activity that diver4 the tax base and creates quality jobs that increases primary employment. Administered By This is a joint project between Indian River Cotu tyy and tbe'.Indian River' ounty Chamber of Commercethe Chamber). The Clabber is the { )priMaty economic developiipt organization (EDO) working on behalf of the %p� Raver County Board of County Commissioners for business recruitment, retention and eXttuistok`£._targeted imInstries. The Indian River County CommunityDevelopment Department is-- resp p ep spo for merging various local economic development incentives thro ' out the s#unty is zrespnible for assisting businesses through the site plan and buildrn permit pr s -within acorporated Indian River County. The primary contacts fpr. this project at both thea unty and the Chamber are as listed below. Indian Rivet. _ _.. ; � Commt��tyDe�,o�um�nt Detriment Staff CoOteOt 'Sagatt RGhani Long R Plannittt Section Chi Phone: 7721*1250 .a : ax: 772-978- 1: srohani,cgov.com .s' Indian River County b "t ommerce Staff Contact: Helene Cale Economic D75'velopment Director Phone: 772-567-3491, Extension 121 E -Mail: directored@indianrivercharnber.com 2 169 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS Tentative Submission, Review, and Contract Award Schedule April 13, 2014 May 14, 2014 May 19, 2014 May 23, 2014 June 3, 2014 June 17, 2014 Solicitation RFP I#2014022 Advertise for Request for Proposals Proposal Submission Deadline Review of Proposals and short -listing of proposals by the consultant selection committee (if 5 or more proposals are received) Presentation by consultants; and consultants ranking by consultant selection committee Board of County Commissioners approval of consultant selection committee ranking and approval of any proposed changes to scope of services Board of County Commissioners approval of contract To be considered, proposers must submit an oriii#al and,e (5) copies•pf sealed proposals, marked "SEALED PROPOSAJ,, FOR [NDfl ".'VER COUNTY ECONOMIC DEVELOPMENT POSITIONING INITIATIVE" (R )P #2014022) to: Purchasing yanager Purchasit,D IndiafRi4ver County:, 1800 27t street Vero Beac1 I, 32 Response's must be received no :later than tvigt Wednesday, May 14, 2014. Proposals received after that date and time wiltbe returned unopened. All questions'd correspondeiee regarding this RFP MUST be directed through the Indian River County Pulasing Divisit. Contact Purchasing at (772) 226-1416, or fax (772) 770- 5140, or e-mail purNoiRgalripv.com. Such contact shall be for clarification purposes only. Material changes, if air ,- td the scope of services or proposal procedures and responses to 4 ' questions received will be` ansmitted by written addenda through the Purchasing Office. As necessary, the Purchasing Division will coordinate with appropriate Indian River County Chamber of Commerce and Indian River County Community Development Department staff. Limitation This request for proposals does not commit the Indian River County Board of County Commissioners to award a contract or to pay any costs incurred in preparation of a response to 3 170 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSES RFP #2014022 this request. The Indian River County Board of County Commissioners reserves the right to accept or reject any or all proposals received as a result of this request, or to negotiate with all qualified firms or individuals, or to cancel in part or in its entirety this request for proposals, if it is in the best interest of the County. The Indian River County Board of County Commissioners may require the selected proposer to participate in negotiations and to submit technical or other revisions to its proposal as may result from the negotiations. Format All written material submitted in response to this requ`Sha11`iide: • Proposer's Authorized Signattiirt ‘4 tc4 The proposal shall be signed by an official`lhorized to bind the proposer in a contractual agreement. - ', • The proposer shall provide the fol information dame, address, telephone number, fax number, and e-mail address of the indidualts)� ith authori to negotiate and contractually bind the proposer, if selected. • Scheme and Sent of The proposal must intiade a statetoent that thn volioser's current and anticipated workload will allow him to perform tas ' lenti% 1 in the service (Appendix "A" of this RFP). • ane The proposal must indigite. the'humber of days needed to complete preparation of the Indian • River Cwt Economic` l?evelopent Positioning Analysis and if warranted, propose modificatioiii:Aio. the time fraittos listed in the Scope of Activities of this RFP. The County's objective is to'vp the analy:s, reports, and action plan completed within eight months of issuance of a Notice Proceedii.- • Approac The proposal must describeie proposer's approach to undertaking the activities identified in the scope of services, including key components, timelines for completion, and evaluation methods for a successful analysis, projected costs and an explanation of those costs, along with a payment schedule, budget and follow-up. This may include recommendations by the proposer for additions and/or deletions to the scope of services. Where the proposer recommends changes to the scope, the proposer shall identify separate costs for both the original scope and the proposed revised scope. 4 171 INDIAN RIVER 0Ol1NTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS _ RFP #2014022 • Proposer Qualifications All proposers shall provide the following information for the lead firm and all sub -consultants: 1. Firm's background, history, and experience with preparation of similar Economic Development Positioning Initiatives. Include examples of follow-up and long term relationships with communities for evaluation. 2. Include a description of the firm, its organizational structure, the location of the principal offices and the location of the office that would manage this project, including the address, phone number, fax number, and e-mail of the office(s). 3. Define the project team that will be dedicated?` this project with emphasis on principals and senior level staff involvet including a bio and unique qualifications of each team member. 4.Name and qualifications of the project eynager 5. A summary list of related Economic DevelopmeniNsitioning Initiative projects with a brief description of each .# , ct. 6. List at least three recent clients;, for whom similar or c rabic services have been performed. Include the contact •inform,at pn of their primary representative who had direct interaction with their`,psrojeeL Describe, in deice; each projects' outcomes and the proee.S;i1Our companyttook to achieve those outcomes 7. List of current clients t• 8. List of all other tasks, pl , orprc ets that the personnel assigned to the Indian • River County piQject may *required,`t t! worlcon simultaneously. 9. Financial Inform on: auditelifman4i1 stat e, if available, or financial report which includes bale sheet and income statement covering two years. * Project Management •• There shall be a singie,poinfaf:contact established by the firm. Name, project title, contact information shall be prOvided. Evaluation Coria Proposals will be ronsidered o , an equal competitive basis. Proposals will be evaluated using the following criteria; Experience of the project team "Maximum Points Awarded 30% Demonstrated understanding of the project 25% Performance of the consultants demonstrated by previous projects showing quality of work, creative solutions and results in study objectives 25% 5 172 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 mum - Points va�rded Positive responses and satisfaction from references and former clients Evaluation Process and Point Values for Selection Criteria 20% 100% Evaluation of firms will be completed by a 5 member sele4On1`committee comprised of Indian River County staff, Indian River County Chamber of Cee staff that are/is not a member of the Economic Development Council, and one member Imo the Economic Development Council, as appointed by the County Administrator. The selection, ittee will rank each firm based upon the criteria listed above and the anted point values'.'.,The ranking of firms shall be done in the following manner: (1) .4joit member of the selt on committee shall independently evaluate each firm by assigning a : ui ber of points for `v,riterion and then totaling the number of points for all. .feria, (2) poiirts.rcoefiSd by each firm all committee members shall then be totaled and dtjiliiitkby the nurnberr of committee members, to produce an average points. The firm receiving tl c�: bi tt, points shy. be ranked the # 1 firm, and the process repeated until all firms have beeih-nk d ceding tOstileir average points. If five (5) or more proposals aru received, the sele on eo3 ittee shall meet to review and rank firms in order to develop a "short list" of'' "est three). firms that will be selected for discussions and presentations. After discussi/presentations, and based upon information learned during tl discussi 'presen#3tion ,, each' oinmittee member may revise the number of points a ec to ai,(4atervieived firm for or';iiiore criteria, and change his or her points given c firm accorain y. Eack xrnber's rankings shall be based on any revised scores. If fewer than, ,ye (5) propoNiare received, all firms shall be invited to meet with the selection committee to nie a presentat and to discuss their proposal. After discussions/presentations, and based upon`nnation Owned during the discussions/presentations, each committee member shall rank thetins. 6 173 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 The ranking process shall continue until the selection committee declares the rankings final. The committee's final rankings will be submitted to the Board of County Commissioners for final selection of the most qualified firm with which to begin negotiations. The committee's meeting(s) shall be open, except that interviews/presentations and meetings (if any) held to discuss negotiation strategies, shall be closed. The County's Obligations • The County shall make available to the consultant any data available in the County's files pertaining to the work to be performed under this agreement. • The County agrees, upon contract award, .:topay` acs and other compensation in accordance with a fee schedule to be incorted in a final contract. • The County shall have the sole right to, ermine which units or sections of the work that the consultant shall initiate and in what-er. ■ The County Community Development hifector shall decide and dispose of all claims, questions, and disputes arising under this a gi*iteat. • The County reserves the dight to audit the `fitiaids of the consultant related to this agreement at any time during the contract period t`* .br a period of three years after final payment is made. The consultairt shall provide copiestany records solely at the cost of reproduction. The Consultant's Oblions • Theconsultant shall pe Ivaall ssion' al services identified in the attached scope of srvtces to current professional stands of the applicable discipline. ■ The consultant shall niaintasa adequate'staff of qualified personnel. • The consultant shall ensure thatAil l work meets all current federal, state, and local laws or ordina cs applicable to the wore.'" • The consultant shall cooperate fully with the County in the scheduling and coordination of all phases\of the wont.` • The consultant shall {operate and coordinate with other County consultants, as directed by the County. • The consultant shall report the status of the work to the County upon request and hold pertinent data, calculations, field notes, and records open to the inspection of the County or its authorized agent at any time during normal business hours. • The consultant shall negotiate any additional work required for a particular work order as deemed necessary. ■ The consultant shall have approval from the County in writing prior to commencement of any revision to a work order. 7 174 INDIAN RIVER COUNTY ECONOM g DEVELOPMENT POSITIONING ANALYSIS RFP #12014022 • The consultant shall agree that all reports, specifications, and other work products developed by the consultant will become the property of the County without restrictions or limitations and shall be made available at any time upon request to the County. ■ The consultant shall not subcontract, assign, or transfer any work under this agreement without the written approval of the County. Indemnification The County shall be held harmless against any and all claimsbodily injury, sickness, disease, death or personal injury, or damage to property or loss o t' e'of any property or assets resulting therefrom arising out of, or resulting from, the perfo `• i•' et products or from the services, for which, the County is contracting hereunder, provided such`°: caused in whole or in part by anynegligent act or omission of the consultant,or anysubcontr aim or any of their agents or employees, or arises from a job-related injury` The consultant agrees to indemnify the County ate pay the Cost of the Coti's legal defenses, including fees of attorneys as may be selected by theCoa+ for all claims deed in the hold harmless clause herein. Such paymenibehalf of the,ty shall be in addition to any and all other legal remedies available to the o nty' d shall not.be considered to be the County's exclusive remedy. .1 . The parties agree that specific sideration=;411 for this hold harmlesemnificn provisie'^. Insurance Re xements • The cool ant providing service pder thigVeernent will be required to procure and maintain, at its ovwn expense and lout c'o to the County, until final acceptance by the County of all products or services covered order or contract, the following types !� the purchase ••g of insurance. The policy HMOS. required are tp.be considered minimum amounts. the Vendor under this agreement General Lacy Insurance policy with a $1,000,000 combined single limit for each occurrence to include the following coverage: operations, products and Completed Operations, Person 'Injury, Contractual Liability, and Independent Contractors for bodily injury and property damage. Business Auto Liability Insurance that includes coverage for all owned, non -owned, and rented vehicles with a $1,000,000 combined single limit for each occurrence. Workers' Compensation and Employers Liability Insurance covering all employees of the consultant and subcontractors, as required by law. The policy must include Employers Liability with a limit of $100,000 for each accident, $500,000 disease (policy limit), and $100,000 disease (each employee). 8 175 1LDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 Professional Liability Insurance Policy in the amount of $1.000,000 per claim for professional or consulting services. The consultant shall provide certificates of insurance to the County demonstrating that the aforementioned insurance requirements have been met ten (10) days prior to the commencement of work under this contract. The General Liability and Auto Liability certificates of insurance shall indicate that the policies have been endorsed to cover the County as an additional insured and that these policies may not be canceled or modified without thirty (30) days prior written notice to the County. All insurance policies shall be issued by companies autlairrized to do business under the laws of the State of Florida. All such insurers must have *AM. Best raid of no less than A -VH. The insurance coverage enumerated above coustttute the minimum requirements and shall in no way lessen or limit the liability of the consul1ent under; tae terms of the contract. Sub- Contractor's insurance shall be the responsibility of cptant. PUBLIC ENTITY CRIMES Pursuant to Florida Statutes Section 287.133(2)(a), ani Bidders aair"hereby notified that a person or affiliate who has) placed on the convicted t dor'llst following a conviction for a public entity crime may not ;submit a li i _, proposal `'ot reply on a contract to provide any goods or services to a public entity entitij(definectiqtt the State 'of Florida, any of its departments or agencies, or any political ilvision);'nt.4 riot .4abrult, a bid, 'proposal, or reply on a contract with a public entity ,for the constrnetion or r r of a pt4W bulkling or public work; may not submit bids, proposals, or replies on leaks of tin! property to a public entity; may not be awarded or perform work as'a:contractor, suppler, subc4tractor, or consultant under a contract with any public entity; and inay not transact bittsiness w tbi any public entity in excess of the threshold amount provided in Flotida Statutes Simon 287.017 for CATEGORY TWO [currently $35,000] for a period of 36 month montl.ftOm the Ott of being placed on the convicted vendor list. A "public entity crime" means a violation ofy state or federal law by a person with respect to and directly related to the transaction. of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid, proposal, reply, or contract for goods or services, any lease for real property, or any contract for the construction or repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 9 176 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP 112014022 SWORN STATEMENT UNDER SECTION 105.08, INDIAN RIVER COUNTY CODE, ON DISCLOSURE OF RELATIONSHIPS THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement MUST be submitted with Bid, Proposal or Contract No. for 2. This sworn statement is submitted by: (Name of entity submitting Staten ) whose business address is: 3. My name is. (Please print na of individual igning) and my relationship to the entity named`ve is 4. I understand that an "affiliate" as defihexl tori105.08, Indian River County Code, means: The tam "affiliate" include those officers' ;directors, executives, partners, shareholders, employees, members, Emil agents wbo are active in the management of the entity. 5. [Understand that .telatiOnahip with a County Commissioner or County employee that milit he disclosed as ows: Yc Father, *her, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, Wilk father-inf o, mother-in-law, daughter-in-law, son-in-law, brother-in-law, sister-in-law, gtoapfathrn4tepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sistei i' parent, or grandchild. 6. 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.] 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, have any relationships as defined in section 105.08, Indian River County Code, with any County Commissioner or County employee. 10 177 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 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 have the following relationships with a County Commissioner or County employee: Name of Affiliate Relationship Entity or employee Name of County Commissioner STATE OF COUNTY OF _ s The foregoing instrimlent was acnwledged,befQre;me this day of t , 20 , by , who is personally known Vii; as identification. ,has produmed SIGN: NOTARY PUBLIC PRINT: Notary Public, State at large My Commission Expires: (Seal) INDIAN RIVER COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER, A FAIR HOUSING ADVOCATE AND A HANDICAP ACCESSIBLE JURISDICTION. INDIAN RIVER COUNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS. 11 178 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONINGALYS15 RFP #2014022 APPENDI CES Appendix A Scope of Services Appendix B Legal Advertisement Appendix C Sample Contract 12 179 INDIAN RIVER COUNTY ECONOMIC DEV LQP •► ► ILA Appendix A SCOPE OF SERVICES RFP #2Q14022 ECONOMIC DEVELOPMENT POSITIONING ANALYSIS AND ACTION PLAN FOR INDIAN RIVER COUNTY, FL A. Purpose Indian River County, Florida ("the County"), in pare partneirajtip with the County's Economic Development Council and the Indian River County:Cliiiinber of Commerce, is requesting proposals from firms with a proven background in. econonc development to complete a comprehensive countywide economic development- positioning a iysis, prepare a report and action plan, and present the report and action plan to community statholders at the onset and conclusion of the project at a community leader's summit. Ideally, all services including on-site research, strategic positioning, and creative development will, be found in o tcompany in order to facilitate interaction amongst t1 t tam throughout the project. The goal of -the positioning analysis and action plan is to impr up `gnomic development marketing in order to generate economic development activity that di ifies'the;tax base -and creates quality jobs that increase primary employment. B. Community Background/IntrOduction Indian River County,with a 2013 population of,, .139,586, is located on Florida's east coast 70 miles north of W .Palm Beaeh and 90 miles southeast of Orlando. The County is within a three hour dirisie c,f 90% o lor'ida's population Vero Beach is the county Sept And is divided by the Indian River. The barrier island area east of the Indian RNar is a resort derOnation that includes the Town of Indian River Shores, the Town of Orchid, a port of the CN:y of Vero Beach, and portions of Unincorporated Indian River County, while westcp the riv 't fere exists a variety of industries and businesses and diverse housing opportunities 'Oeb , in the northern part of the county, is home to Pelican Island, the first National Wildli?ege in the U.S., and renowned surfing. Fellsmere is located in the northwestern part of the county, is predominantly agriculture based but is currently seeing diversification from other industries. The County has two general aviation airports, one in the City of Vero Beach and one in the City of Sebastian. The County is located approximately forty-five minutes from the Melbourne International Airport, an hour and a half from Orlando International Airport, and an hour's drive from the Palm Beach International Airport. 13 180 INDIAN RIVER COUNTY ECONOMIC DEVELOPM NT Pe TI RFP #2014022 Indian River County contains miles of beautiful beaches, groves of renowned Indian River oranges and grapefruit, oceanfront and riverfront communities. The County has among the highest per capita incomes in Florida while also having pockets of areas with high poverty rates. The County's low-density and abundance of vacant land and open space keeps it free from urban sprawl and congestion. The County attracts international attention for its natural and cultural amenities, which in turn attracts the rich and famous. While historically agriculture and tourism play an important role in the County's economy, there are an increasing number of companies in the health care igdustry, information technology industry, light manufacturing industry, and service industry. that are expanding within the County. Relatively low labor costs, inexpensive building's, and the absence of state income tax, help attract industry. Also attracting industry is Itie avat1ttlity of semi -skilled and trained technical workers. According to U.S. Census dataittedian River Ceginty has a workforce of more than 62,000 (2008-2012 5 Year American Comm it ity Survey Estii e) drawing from a region comprised of Indian River, St. Lucie, and Makin.counties, and souther ii evard County. Many companies have located to the County becatie:of the'sitive vacatio%Xperience of their C -level executives. Piper Aircraft located to Vero 11 Airport in 1958 and is the county's largest private employer with 850 employees. A cluing of technology -driven firms is beginning to emerge. Scientific research entities such as Hat'bgr Branch Oceanographic Institute and Syngenta are also located in the area:. An efficient infrastr eture system was the refit cited by ',SIPharmacy to locate its 350,000 square foot distribution center in the County.' Tithin Indian River County, Interstate 95 is the primary north -south tranNSPortatio3iyOute,and Stag Road 60 is the main east -west arterial. SR60 connects Vero _ ch, and the 'Tampa 1 'ay area on Florida's west coast, and connects Florida's Turnpike which is 29 rales west $4 Vero Beach a major north -south transportation route. ;n Indian River State College (MSC) 1S<onally recognized for its innovative curriculum and close working4elationship with the busirie8s community. It has four campuses within the region and offers assoc'1ate and bachelor's degrees. One of its four campuses is located within Indian River County. The Indian River Countytber of Commerce is a partner, and founding member of, Florida's Research Coast Economic Development Coalition (FRCEDC). FRCEDC includes the primary economic development organizations in Indian River, St. Lucie, Martin and Okeechobee counties plus the President of Workforce Solutions. Its mission is to promote the region for business recruitment in the life sciences industry. 14 181 INDIAN RIL/ER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 C. Situation Analysis/Project Catalyst Historically, Indian River County's economy has been dependent on tourism, construction and agriculture. Like many communities in Florida, Indian River County has been negatively impacted by the recent economic recession, experiencing higher than normal unemployment, high seasonal unemployment, and numerous housing foreclosures that have depressed the housing market. The effects of the recession were more severe in the County than in many other communities due to the amount of overbuilding that occurred between 2003 and 2007 and because of the County's reliance on construction and tourism to provide jobs. Currently, the County is seeing evidence of an economic recovery. The County's construction industry is beginning to rebound as evidenced by increases in single family building permits issued since 2011. Light industry and the technology indust; are small but growing sectors along with the medical industry. Despite the pos'VV signs of growth within the building sector f.a. and recent expansions in light industrial and ot:ndustries, there remain challenges to the local economy. The citrus industry remains a key ±.sector that has seen softie decline due to citrus greening and canker. The Indian River Lagoon, ,of the Wild's most di se estuaries and a factor in the county's tourism industry, runs parallel' to't :-seaboard and is :faced with water quality issues that have impacted wildlife. Those issues ire now gaining local, state and national attention.`'' Through cooperative efforts between the County's Economia Development Council, Indian River County and Seba iat Ares Chambers of Coptineree, Vero Mach and Sebastian Municipal Airports, and the mtiliicipalities of f ellsmere,>Sebastian and -Vero Beach, the county as a whole is actively promotedand. has ski some success in recruitment and retention of targeted industries. Included amo , `pbe .s is a CVS Pharmacy Distribution Center constructed on 4 State Road 60 near 1-95, thrr ttion of ler Aircraft, and the construction of INEOS New Planet f3"loEnergy, a waste-to-erieigy center. The majfoity of businesses in the Com, are small in terms of employment, most with less than 100 employe. ,Through the cooperativeefforts as noted above, the retention and expansion of these smaller filTha is actively encouraged, primarily those identified as contributory in nature. In addition to the Coin's success with encouraging the growth of target industries, the County's tourism industry has gownsignificantly and brings positive publicity and attention to the area. While there has been soniedernonstrated job growth, job creation remains a high priority. The County maintains various programs to encourage the growth of targeted industries that pay above 75% of the County's annual average wage. Among the programs is a Local Jobs Grant program that pays between $3,000 and $7,000 per job provided and maintained by targeted industries over a three year period. The County, as well as the cities of Fellsmere, Vero Beach, and Sebastian, offers an economic development ad valorem tax abatement program for eligible companies. The Vero Beach Municipal Airport and the adjacent Gifford community in the 15 182 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #20140 unincorporated County are designated as a state Enterprise Zone offering certain tax advantages for businesses located within the designated area. As noted, the County provides funds for economic development incentive programs. Funding for economic development promotional activities, however, is relatively low compared with other Florida counties similar in size and demographics. The Board of County Commissioners allocates funding from General Revenue for economic development efforts including business recruitment, retention, expansion and small business development. Funding for tourism promotion is generated from the collection of the bed tax and is a separate budgetary item. The Chamber's Economic Development Division is the designated primary agency for economic development on behalf of the Board of County Comm)„, tiers. In Fiscal Year 2013-14, the Chamber's E.D. Division was approved for a $139,8 n from the Indian River County Board of County Commissioners, which is appropriated o, -,a, reimbursement basis. The Chamber's E.D. Division also has private motor funds avaie through its Economic Leadership Alliance investors. D. Scope of Activities The selected firm will conduct qualitve:a•:quantitative research to determine and report on ` ' i ' perceptions, marketing County's current economic pos%kgning including ` etudes, p p opportunities and challeAsta. Activitie§.shall be eotapleted in accordance with the attached Scope of Activities (see Attachtr ent 1). Cha gcs to tits S of Activities may be recommended as part of a RFP response based 'on the firm ' rience, knowledge, and creativity to address the expectations outlined. Costs for each "Tas” listed in the RFP and each proposed modified and added TQC` .ahall be `opted. Overall cost for .each Phase shall also be noted. Upon final selectiogpf the firth scope of work may :be modified based on the firm's submission. The revised-seope of work 41 be part of the firm's. contract for service with the County. County anticipates,issuing Work Orders for Phase I and Phase II of the Scope of Activities. County reserves the right to not issueliVik Orders. E. Deliverables Consultant shall provide the County with all electronic documents developed throughout the preparation and completion of the Economic Development Positioning Analysis. This shall include word processing files, database files, spreadsheet files, Power Point files, and others. All documents, graphics, charts, and supporting material generated during the course of this project will be furnished to the County in formats as identified below. Reports and Correspondence Microsoft Office 2000 Spreadsheets Microsoft Excel 6.0/7.0 Graphics As negotiated (JPEG format preferred) 16 183 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 Maps/GIS Final Reports ArcMap 10 Microsoft Office 2000 Consultant shall provide five (5) hardcopies and shall e-mail electronic copies of each report required to be prepared in the Scope of Activities. F:\Community Development\Users \EDPlannr\Plans, Study's & Reports\Economic Positioning Initiative 2013-2014\RFP\Draft RFP\DRAFT ED Positioning RFP - for BCC Review V2.docx 17 184 z 0 0 Attachment 1 October 15, 2014* v -2 .g -5 E ° y v^d 0 y 4. cc b Ne O JD O 'fl42 6 0 0 .3 a g ,s � •a 5 I.1 3 � E ro E e�ca g S 0 0 t 0 0 ga° 6 3U ba E O U 1 185 December 15, 2014* 0 O dti a v ❑ 0 N U 0 ° U 8 E id d w co OD v5' 4'S a N 186 a February 3, 2015* 5 ea , Final Analysis Report & Action Plan • E 8� on •r :O h O g L u F g W 0 715 i on y . O 00 00 C,;'0 •0 ry..s4Y 0 0 u 0 5 0 0 LL 0 0 • g K • • I U s E 0 c m 187 INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS RFP #2014022 Appendix B REQUEST FOR PROPOSALS (RFP) #2014022 CONSULTANT SERVICES FOR AN ECONOMIC DEVELOPMENT POSITIONING ANALYSIS AND ACTION PLAN NOTICE IS HEREBY GIVEN that the Indian River County Board of County Commissioners, in partnership with the County's Economic Development Council and the Indian River County Chamber of Commerce, is requesting proposals from firms with a proven background in economic development to complete a comprehensive countywide economic development positicating analysis, prepare a report and action plan, and present the report and action plan to community olders at the onset and conclusion of the project at a community leader's summit. Ideally, all service including on-site research, strategic positioning, and creative development will be found in one vosany',in order to facilitate interaction amongst the team throughout the project. The goal of tie` positioning analysis and action plan is to improve economic development marketing in order$4eerate economic•ii lopment activity that diversifies the tax base and creates quality jobs thi increases primary employ e_ Detailed specifications for the above referenced RFP ani.available DemandSttr om at (800) 711- 1712 or downloaded from their website at: www.demand „ ` „Ann RFP informatio1 package is also available by contacting the Indian River County. Purchasing Don at: (772) 226-1416, or by e-mail: Y it purchasing(a),ircgov. com. Submit one original and 4ve, (5) copies of,submittal All submittals mailed or walked in, must be received by the Purchasing.Divi kw, 1800 2t Avenue, :Building B, Vico Beach, Florida 32960 on or before 2:00 p.m. Wedtay, Mayi1,.014. Submittals presented afteri: pm of* day specified above will not be accepted or considered. • INDIAN *ER COUNTY \1S.-W4EQL AL OPPORTUNITY EMPLOYER, A FAIR HOUSING ADVQC.4l✓, EQUAL • PIOUSI OPPORVWITY AND A HANDICAP ACCESSIBLE JURISDICTION. 1NDIA:14 ICER CO.JNTY RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE ALL INtORMALITIES. Indian River County, Florida Purchasing Manager For Publication in the Indian River Press Journal Date: Sunday, April 13, 2014 Please furnish tear sheet and Affidavit of Publications to: Indian River County Purchasing Division 1800 27th Street, Building B Vero Beach, FL 32960 18 188 DRAFT Appendix C CONTRACT FOR SERVICES This CONTRACT for services entered into by and between Indian River County, a political subdivision of the State of Florida 1801 27th Street, Vero Beach, FI 32960- 3365, hereinafter called Indian River County, and [Name of Consulting Firm, address[., hereinafter called Consultant; WITNESSETH THAT: WHEREAS, Indian River County desires to engage Consultant to provide professional services for an Economic Development Positioning Analysis and Action Plan; and, WHEREAS, Indian River County finds that the proposed Scope of Services (Attachment A) and terms of this Contract are acceptable; and, WHEREAS, Consultant desires to provide said services and agrees to do so for the compensation and upon the terms and conditions as hereinafter set forth, NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Employment of Consultant. Indian River County hereby engages Consultant and Consultant hereby agrees to perform the professional services hereinafter set forth. The intent of this Contract is to set out the general terms by which the Scope of Services (Attachment A) is agreed to. 2. Scope of Services. Consultant shall perform, in a professional manner, the services set forth in Attachments to this Contract (Attachment A — Scope of Services) which outline the scope of services, schedule, and fee. 3. Extra Services. Consultant shall provide extra services, not specifically called for in the Scope of Services (Attachment A), only upon written authorization from Indian River County. 4. Time of Performance. Consultant will commence work on or as soon as practicable after the date of execution of this contract and all work as set forth in the Scope of Services (Attachment A) shall be completed within the time specified in the Scope of Services (Attachment A) assuming the timely submission of all required data and the scheduling of all meetings and reviews by Indian River County. The attached time -line in the Scope of Services (Attachment A) reflects commencement of work beginning at the time of the kickoff meeting. However, preliminary data gathering will begin before the kickoff meeting. 189 DRAFT If Indian River County requests modifications to the Scope of Services (Attachment A), the time of performance of Consultant shall be adjusted appropriately. Consultant's services under this Contract shall be considered complete at the date when the submissions for those phases have been accepted by Indian River County. 5. Meetings. This Contract includes attendance by Consultant at meetings, as identified in the Scope of Services (Attachment A), to make presentations or to otherwise review the progress of the work. 6. Reports. Consultant shall prepare and submit to Indian River County reports as called for in the Scope of Services (Attachment A), attached hereto. 7. Compensation. Consultant agrees to perform the services provided for in the Scope of Services (Attachment A) and Indian River County agrees to compensate Consultant for such services as set forth in the Scope of Services (Attachment A). Payment to Consultant will be made in accordance with the Florida Prompt Payment Act, Florida Statutes 218.70 et. seq.. 8. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Contract and that such personnel will be fully qualified to perform such services. 9. Responsibilities of Indian River County. It is agreed that Indian River County will have the following responsibilities under this Contract: a. The providing of all available information, data, reports, records, and maps to which Indian River County has access and which are needed by Consultant for the performance of the services provided for herein. b. Providing assistance and cooperation for Consultant in obtaining any other needed material that Indian River County does not have in its possession to complete the Scope of Services (Attachment A). c. Making available the services of Indian River County as may be necessary to obtain information as needed to perform the work program set forth in the Scope of Services (Attachment A). d. The designation of a single representative who will be authorized to make necessary decisions required on behalf of Indian River County and will serve to provide the necessary direction and coordination for the project. 2 190 DRAFT All such responsibilities shall be conducted in a timely manner and without undue delay so as not to delay Consultant in the performance of its services. 10. Delays Beyond the Control of Consultant. It is agreed that events that are beyond the control of Consultant or Indian River County may occur which may delay the performance of the Scope of Services (Attachment A). In the event that the performance of the Scope of Services (Attachment A) by Consultant is delayed beyond its control, Consultant shall notify Indian River County of such delay and the reasons therefore, and Indian River County may, at its discretion, extend the time of performance appropriately. 11. Dispute Resolution. The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this contract promptly by negotiation between appropriate parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten (10) days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include: (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the designated representative who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty (20) days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty (30) days of the meeting of the appropriate parties, the parties shall endeavor to settle the dispute by standard mediation practices under Florida law. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. 12. Chances. Indian River County or Consultant may, from time to time, request modifications or changes in the Scope of Services (Attachment A). Such changes, including any increase or decrease in the amount of Consultant's compensation, which are mutually agreed upon by and between Indian River County and Consultant, shall be incorporated in written amendments. 3 191 DRAFT 13. Termination of Contract. This Contract may be terminated by either Indian River County or Consultant with fourteen (14) days written notice. In the event of such termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by Consultant shall, at the option of Indian River County, become Indian River County's property. Consultant shall be entitled to receive just and equitable compensation for work accomplished prior to the termination. 14. Assignability. This Contract shall not be assigned or transferred by either Consultant or Indian River County without the prior written consent of the other. 15. Liability and Standard of Care. Consultant shall perform services for Indian River County in a professional manner, using that degree of care and skill ordinarily exercised by consultants practicing in the same or similar locality as the project. Indian River County acknowledges that Consultant is a Corporation and agrees that any claim made by Indian River County arising out of any act or omission of any director, officer or employee of Consultant in the execution or performance of this contract shall be made against Consultant and not against such director, officer, or employee. Consultant will maintain the following minimum limits of insurance during the term of this agreement and shall provide evidence of said coverage being in effect by providing the County with a Certificate of Insurance listing Indian River County as an additional insured: 1 General Liability Each Occurrence: $1,000,000 Fire Damage (Any one fire) $50,000 Medical Expenses (Any one person) $5,000 Personal & Adv Injury $1,000,000 General Aggregate $2,000,000 Coverage shall include contractual liability, products and completed operations, independent contractors, broad form general liability extensions, and per contract aggregate. 2. Automobile Liability — Combined Single Limit $1,000,000 3. Worker's Compensation Statutory — as required by the State of Florida Each Accident $100,000 Each Disease — Each Employee$100,000 Each Disease — Policy Limit $500,000 4. Professional Liability insurance on an occurrence or claims made basis with limits of liability not less than $1,000,000 per occurrence and 4 192 DRAFT $2,000,000 aggregate combined single limit. This policy shall cover Consultant, all employees, and/or volunteers and all independent contractors, subcontractors and professional contractual persons hired or retained by Consultant. 5. There shall be no more than $5,000 deductible per claim amount unless approved by the County Risk Manager. Any deductibles or self-insured retentions greater than $5,000 must be approved by the Risk Manager for Indian River County with the ultimate responsibility for same going to the Consultant. 6. Consultant insurance coverage shall be primary. 7. All above insurance policies shall be placed with insurers with a Best's rating of no Tess than AV. The insurer chosen shall also be licensed to do business in Florida. 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. Further, Consultant will sign a confidentiality agreement and a hold harmless agreement in connection with this Contract. 16. Payments. Indian River County will make payments to Consultant not to exceed [negotiated contract amount] as stated in the request for proposal dated , 2014 and as outlined in the Scope of Services (Attachment A). Consultant will not exceed this amount without prior written authorization from Indian River County. 17. Contractor acknowledges that the County is a governmental entity, and the contract validity is based upon the availability of public funding under its authority. in the event that public funds are unavailable and not appropriated for the performance of County's obligations under this contract, then this contract shall automatically expire without penalty to County after written notice to Contractor of the unavailability and non -appropriation of public funds. It is expressly agreed that County shall not activate this non -appropriation provision for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal measure. 5 193 DRAFT IN WITNESS WHEREOF, Consultant and Indian River County have executed this Contract as of the date written below and under the laws of the State of Florida. [name of consultant] Board of County Commissioners Indian River County, Florida. By: By: Print Name: Peter D. O'Bryan, Chairman Its: BCC Approved: WITNESS: By: Joseph A. Baird, County Administrator WITNESS: (Corporate seal is acceptable in Jeffrey R. Smith, Clerk of Court place of witnesses) and Comptroller Attest: Deputy Clerk William K. DeBraal, Deputy County Attorney (Approved as to Form and Legal Sufficiency) 6 194 CONTRACT FOR INDIAN RIVER COUNTY ECONOMIC D VEI.OPMENLPOSITIONING ANALYSIS Attachment A SCOPE OF SERVICES ECONOMIC DEVELOPMENT POSITIONING ANALYSIS AND ACTION PLAN FOR INDIAN RIVER COUNTY, FL A. Purpose Indian River County, Florida ("the County"), in partpp with the County's Economic Development Council and the Indian River CountyChaniher of Commerce, is requesting proposals from firms with a proven background ,iaeconomic development to complete a comprehensive countywide economic developruidepositioning anidysis, prepare a report and action plan, and present the report and action pilitti to community sta olders at the onset and conclusion of the project at a community lead`I -Summit. Ideally, all sees including on-site research, strategic positioning, and creative development wi lbe found in one;:company in order to facilitate interaction amongst tl ;team throughout tl } roject. The goal Of the positioning analysis and action plan is to improve noetic develop ent marketing in order to generate economic development activity that diversifies the tax baseit.4. creates quality jobs that increase primary employment. B. Community Baclund/Inttuction • Indian River County, with a 20a population of 139,586, is located on Florida's east coast 70 miles north of West Palm B'e h tiles southcast of Orlando. The County is within a three hour dri' of 90%of Florida'slation Vero Beaq13_is the county seat and is c vided by the Indian River. The barrier island area east of the Indian River is a resort destination tt-includes the Town of Indian River Shores, the Town of Orchid, a portion of the City of Vero Beach, and portions of Unincorporated Indian River County, while west-af the river; there exists a variety of industries and businesses and diverse housing opportunities ebi; in the northern part of the county, is home to Pelican Island, the first National Wildlife Refuge in the U.S., and renowned surfing. Fellsmere is located in the northwestern part of the county, is predominantly agriculture based but is currently seeing diversification from other industries. The County has two general aviation airports, one in the City of Vero Beach and one in the City of Sebastian. The County is located approximately forty-five minutes from the Melbourne International Airport, an hour and a half from Orlando International Airport, and an hour's drive from the Palm Beach International Airport. 1 195 CONTRACT FAR INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS Indian River County contains miles of beautiful beaches, groves of renowned Indian River oranges and grapefruit, oceanfront and riverfront communities. The County has among the highest per capita incomes in Florida while also having pockets of areas with high poverty rates. The County's low-density and abundance of vacant land and open space keeps it free from urban sprawl and congestion. The County attracts international attention for its natural and cultural amenities, which in turn attracts the rich and famous. While historically agriculture and tourism play an important role in the County's economy, there are an increasing number of companies in the health care ' dustry, information technology industry, light manufacturing industry, and service induce :...: iat are expanding within the County. Relatively low labor costs, inexpensive building! Otis, and the absence of state income tax, help attract industry. Also attracting industry is i vaiiity of semi -skilled and trained technical workers. According to U.S. Census data, 1n+dian River"K"ty has a workforce of more than 62,000 (2008-2012 5 Year American Cor unity Survey Est1.1*) drawing from a region comprised of Indian River, St. Lucie, and Martin counties, and southern yard County. Many companies have located to the County became of the positive vacation=` erience of their em C -level executives. Piper Aircraft (Di to Vero $� Airport in 1958 anis the county's largest private employer with 850oes. A clustering of technology -driven firms is beginning to emerge. Scientific researc`ii;' ntiti Bch as Ha r. Branch Oceanographic Institute and Syngenta are also located in the area An efficient infrastture system was the r.,tied by +Pharmacy to locate its 350,000 square foot distribution center in the County. �`t ithin Indian River County, Interstate 95 is the primary north -south trapspurtation rout and State Road 60 is the main east -west arterial. SR60 connects Vera :004:4311, and the Tampa Bay ama on; orida's west coast, and connects Florida's Turnpi*c vhich is 29`(les west of Vero Beaelir• and a major north -south transportation route. Indian River State College*SC) i§:,tionally recognized for its innovative curriculum and close working tionship wit :+he business community. It has four campuses within the region and offers assoclitteand bacheloes degrees. One of its four campuses is located within Indian River County. The Indian River County ber of Commerce is a partner, and founding member of, Florida's Research Coast Economic Development Coalition (FRCEDC). FRCEDC includes the primary economic development organizations in Indian River, St. Lucie, Martin and Okeechobee counties plus the President of Workforce Solutions. Its mission is to promote the region for business recruitment in the life sciences industry. 2 196 CONTRACT FOR INDlANRIVER COUNTY ECQNQMIC DEVELOPMENTPOSITIONING ANALYSIS C. Situation Analysis/Project Catalyst Historically, Indian River County's economy has been dependent on tourism, construction and agriculture. Like many communities in Florida, Indian River County has been negatively impacted by the recent economic recession, experiencing higher than normal unemployment, high seasonal unemployment, and numerous housing foreclosures that have depressed the housing market. The effects of the recession were more severe in the County than in many other communities due to the amount of overbuilding that occurred between 2003 and 2007 and because of the County's reliance on construction and tourism toprovide jobs. Currently, the County is seeing evidence of an economic .7rery. The County's construction industry is beginning to rebound as evidenced by ince in single family building permits issued since 2011. Light industry and the technologajndultry are small but growing sectors along with the medical industry. Despite the positive signs of gi4Itli within the building sector and recent expansions in light industrial and other industries, there rn challenges to the local economy. The citrus industry remains a keys :sector that has seen so !decline due to citrus greening and canker. The Indian River Lagoon, of the world's most ise estuaries and a factor in the county's tourism industry, runs parallel to tie seaboard and is" aced with water quality issues that have impacted WTI ` q y � p d�.�;'Those issues �+e,now gaining local, state and national attention. Through cooperative efforts between the, County's ;Economic Development Council, Indian River County and Sebastian Area Chambei of Conti -Vero Beach and Sebastian Municipal Airports, and the municipalities of Fellsmere. ian and Vero Beach, the county as a whole is actively promoted And has sen some suss in recruitment and retention of targeted industries. Included arming the suor ss is a CVS:,i pharmacy Distribution Center constructed on State Road 60 near 1-95, the:retention of Piper A aft., and the construction of 1NEOS New • Planet BioEnergy, a waste-to-ene y center. The majority of businesses in the Coity are small in terms of employment, most with less than 100 employees: Through cOoperative efforts as noted above, the retention and expansion of these smaller firms is actively encouraged, primarily those identified as contributory in nature. In addition to the Coui ty's success with encouraging the growth of target industries, the County's tourism industry has gr rvwn ssificantly and brings positive publicity and attention to the area. While there has been somedemonstrated job growth, job creation remains a high priority. The County maintains various programs to encourage the growth of targeted industries that pay above 75% of the County's annual average wage. Among the programs is a Local Jobs Grant program that pays between $3,000 and $7,000 per job provided and maintained by targeted industries over a three year period. The County, as well as the cities of Fellsmere, Vero Beach, and Sebastian, offers an economic development ad valorem tax abatement program for eligible companies. The Vero Beach Municipal Airport and the adjacent Gifford community in the 3 197 CONTRACT FOR INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS unincorporated County are designated as a state Enterprise Zone offering certain tax advantages for businesses located within the designated area. As noted, the County provides funds for economic development incentive programs. Funding for economic development promotional activities, however, is relatively low compared with other Florida counties similar in size and demographics. The Board of County Commissioners allocates funding from General Revenue for economic development efforts including business recruitment, retention, expansion and small business development. Funding for tourism promotion is generated from the collection of the bed tax and is a separate budgetary item. The Chamber's Economic Development Division is the designated primary agency for economic development on behalf of the Board of County Commissioners. In Fiscal Year 2013-14, the Chamber's E.D. Division was approved for a $139,898 allocation from the Indian River County Board of County Commissioners, which is appropriated on. a reimbursement basis. The Chamber's E.D. Division also has private 4siteitar funds available through its Economic Leadership Alliance investors. D. Scope of Activities The selected firm will conduct qualitative'. and. quantitative,._r search to determine and report on the County's current economic positioning, including ''''attitudes, perceptions, marketing opportunities and challenges. Activities, shall be oOmpleted iii.: -a cordance with the attached Scope of Activities (see Atfachiu t 1). Changes to the Scci&e of Activities may be recommended as part of a RFP respOnse based oit. the firm's -experience, knowledge, and creativity to address the expectations outline., :Costs fbr each "Task" _listed in the RFP and each proposed modified and added Task shall beshioted '-'D cost foir.'each Phase shall also be noted. Upon final selection of the firm;: he scope of work nl modffied based on the firm's submission. The revised scope of work Will be part :of the firm`''s contract for service with the County. County anticipates Issuing Work Orders for'tase I and Phase II of the Scope of Activities. County reserves the right to not issue Work Orders:,: E. Deliverables Consultant shall provide the County with all electronic documents developed throughout the preparation and completion of the Economic Development Positioning Analysis. This shall include word processing files, database files, spreadsheet files, Power Point files, and others. All documents, graphics, charts, and supporting material generated during the course of this project will be furnished to the County in formats as identified below. Reports and Correspondence Microsoft Office 2000 Spreadsheets Microsoft Excel 6.0/7.0 Graphics As negotiated (JPEG format preferred) 4 198 CONTRACT FOR INDIAN RIVER COUNTY ECONOMIC DEVELOPMENT POSITIONING ANALYSIS Maps/GIS Final Reports ArcMap 10 Microsoft Office 2000 Consultant shall provide five (5) hardcopies and shall e-mail electronic copies of each report required to be prepared in the Scope of Activities. F:\Community Development\ Users\ EDplannr \ Plans, Study's & Reports\Economic Positioning Initiative 2013- 2014\Contract\Draft\Attachment A - Scope of Services.docx 5 199 Attachment 1 September 15, 2014* 5 2 L_. October 15, 2014* (--. = , N 7, ..' 3 .i p - --,.., , m 0..?._ 0 • &., it, •as ., A eet $74 1*- aa .5 ,-,-i - > ti '2 5- t, 5 :Env 74 16 o =E - c::. • E „ . „;,..d; 8. ,..••-• . a . - . t 0, tot, .., --- '....) 0 g '5 u tb .2 a cA• 0 a, .... v ':' .., ti.) • ‘2... c ,c • .9 0 ›, ig ,5 C E t.i. 5 x 13 t — -° ›,-°•2 .c> ° 0 1.5 ° p t•-• 8 ..?.. 0 0 ..., = p.: t -.g• _ • e, 1.) , ..)-. • 0 11) "0 • 0.) r z o 7P. V .0 Eg. ,.-• 3) O "a :4.74 ri) Lr2 al 'Z 0 a o 5•`. 6. ..-• E cc, •• .5 -.- t, ....,6 to 4 6 0 • =13 a ,..T• ,... • .0 u 41 ,4 2 co) i AI n.F) CI a g .... z.,: - o .5 zi,H tilt go = O g O 0 z, ^, u, v3 ">-,..g. fs H,.-P'v , .zik,:t) -E •H i--. 5 ","--, ti•-) 3) u, 4, O g _d 0 •-• '0 3) E .a .0 pg a o 0 o E 2, rt "a -0 o . e 0 „, Q tc .ct :.F.., i4.. 'Ea' `" -e E t t 8 I E 0 4 -4') °-' I Il 1 i 1112) gLE 8CtV) 6 — ,„ )-1 200 All Al Al • AI • 1011 IN 201 February 3, 2015* 1 Analysis Report & Action Plan March 3, 2015* 0 h Gia Q p O -<`"4 w N ?..t4.g1,.,,,,,....,,,,,,,,,,,,, U a .- `14.4 G3 Ai 0 .7. ,0 no Td' N ". r g Oi,,U P. 3k _ d 'A " b S+� 'S O 'G W U •� C-la U v,'� 4:5 V. •O 0 o, y 0 v'a N y w 44444????? 60 a' ' 4' °° E 1r.o.:@vr;4U DgEo 74 o�U `� 0. t E.C n3 a'6 u3a��1 v O y U U e wr"a .0 '*".oWdv ='r '0 O ji U 202 November 12, 2013 ITEM 14,t.1 Ii4D1AI! RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 11, 2013 SUBJECT: Economic Development - Positioning Initiative FROM: Tim Zorc Commissioner, District 3 At the August 20, 2013 Economic Development Meeting, the members made a recommendation the Board of County Commissioners approve their request to create a budget and a request for proposal for an Economic Development Positioning Initiative. I would like to request discussion on an Economic Development Positioning Initiative Attachment: August 20, 2013 Economic Development Meeting Minutes Attachment 2 177 203 Bill Sc °r' tt;;Senior Economic Development Planner Bob Keating`° rpmunity Development Director Sasan Rohani, Lard' -"Ange Planning Chief Terri Collins -Lister, Com -loner Assistant Call to Order Chairman Mitchell called the meeting to order at '' .m Presentation by Mr. Charlie Sloan, Bovetie Strategc Advisors Ms. Helene Caseltine, IRCOC, introduced Mr. Charlie Sloan with Boyette Strategic Advisors located in Orlando, Florida. Mr. Sloan reviewed the information contained in his PowerPoint Presentation called "Economic Development Ten Essential Questions", a copy of which is on file in the Commission Office. Mr. Sloan stated Boyette Strategic Advisors was an economic development firm and he wanted to talk about what the competitors were doing. and what it took to be competitive. He said there was no single definition for economic development, but indicated economic development was a balance between art and science. He defined economic development as a process that influenced development and economic restructuring to enhance the well-being of a community and in reality it was a competitive competition. Mr. Sloan reviewed the Economic Development Ten Essential Questions: • What is Economic Development? • What is it really? How do communities approach it? What are the underlying strategies? • How is it done? • Really need the research? What will the plan do for me? E' What are the elements of a plan'? • What are the benefits of a plan? • Can we be successful without it? Mr. Sloan said in order for a community to be successful, on their strengths, mitigate their weakness, know how to create in their community, know how to keep the existing jobs through EDC/Approved 2 F:113CC1All Commiitees\EDC12013 Ag&Min1EDC 08-20-13 Meeting Minutes.doc they must build jobs organically active retention August 20, 2013 178 204 programs, as well as recruiting new jobs and investment to the community. He said the first step was that a community must know who they are, have a vision, a researched -based plan to see how the community saw !RC from the outside and then follow through with the execution of the plan. He emphasized a community with a plan and sticking to that plan over a period of time would generate results. Mr. Sloan pointed out the elements of a plan and said it must address the following: cr Addresses Local Needs a Comprehensive — Creation/Retention/Recruitment • Focused -- Target Opportunity Sectors • Repositions Supporting Sales Messages • Marketing Strategy Mr. Sloan concluded the benefits of a plan were: Process itself focuses on the community • Shared ownership and understanding with all stakeholders • Economic Development effort becomes more efficient/focused • Continuity over time • "Development" not just "Growth" A lengthy discussion ensued on benchmarking, the criteria that site consultant's look for in a community, the process time to develop a researched - based plan, positioning IRC to be an attracter for potential jobs and a request for proposal for an economic development re -positioning plan. ON MOTION BY Mayor Adams, SECONDED BY Mr. Penney, to recommend the Board of County Commissioners approve the Economic Development Council's request to create a Budget and a Request for Proposal for an Economic Development Re- positioning Plan UNDER DISCUSSION, the re -positioning plan should be all-inclusive in conjunction with the municipalities and the unincorporated communities of IRC. THE CHAIRMAN CALLED THE QUESTION, the members unanimously voted (12-0) in favor of the motion. EDC/Approved 3 F:IBCCWII Committees\EDC12013 Ag&Min\EDC 08-20-13 Meeting Minutes.doc August 20, 2013 179 205 cations and certificates with no presentatio • CT Item 7 In o ional Items on the agenda. Althea McKenzie asked if there is proclamation. Commissioner Solari public discussion. 14.E. 14.E.1. Economic Development - Positioning Initiative eal process if the Chairman does not approve a ed that in. • als should bring the item up under e Chairman CALLED THE QUESTION and the Motion carried, by a 4-0 vote (Vice Chairman Davis absent). Commissioner Tim Zore (Clerk's note: This item was heard following Item 8.J. and is placed here for continuity). Beth Mitchell, Chair of the Economic Development Council (EDC), spoke of exploring a Comprehensive County initiative to improve the Economic Development Council's efforts. The type of information from this analysis and profiling, she said, can be used to strengthen our message to key industries, site consultants, and other potential contacts, and it would differentiate the County's strength from our competitors. There are specific companies who offer the services associated with this initiative, two of which have made a presentation, North Star Strategies and Boyette Strategic Advisors. The cost is estimated to be between $50,000 and $75,000, and that depends on the deliverables that are requested in the proposal. She stated it will take six to eight months, covering what our County already has in place, interviews within our County, and more importantly, research outside of our County. The purpose is to find out how our County is perceived by the site selectors when they are tasked with research to find new locations. Members of the EDC felt this was the next most important step in our development, and hoped the Commission would support it. November 12, 2013 17 Attachment 3 206 Commissioner Solari would like to see some support from the private sector on this item, so that it is a public private sector partnership, if the funding was coming from the general fund contingencies. He was not sure whether the City should be involved as well. Administrator Baird advised the Board to consider funding through the Municipal Service Taxing Unit (MSTU) or the unincorporated area so the City residents do not pay twice. Helen Caseltine, Economic Development Director of the Indian River Chamber of Commerce, explained that the Indian River County Chamber, in its Economic Development Division, does have private sector investors at various levels of private investment, and this was something she would be happy to discuss with the Board. Commissioner Solari was concerned that this expense was not considered in the recent approved budget for 2013-2014, and he would like to see this structured so that the funding comes out of other County sources. Chairman Flescher wanted to review past economic development budgets to see where Indian River stood compared to other counties and what their commissions have invested in the EDC. He thought we have limited our oppositions and exposure, and as we move forward, we will see an increase in exposure if we begin now. Discussion ensued by the Board regarding the dollars local governments have spent annually in economic development. Commissioner Zorc pointed out that the funding will carry over into a two-year budget cycle. Commissioner O'Bryan spoke of several benefits he saw from this initiative, and he wanted the Board to move forward as a community and fund it through the General Fund. November 12, 2013 18 207 Commissioner Zorc agreed. MOTION WAS MADE by Commissioner Zorc. SECONDED by Chairman Flescher, to move forward with the funding of the Economic Development Positioning Initiative and to carry the funding over a two-year budget cycle. After hearing Commissioner Solari's question if the Motion meant that the County would pick up the complete funding before they knew what the amount would be, Commissioner Zorc amended his Motion. MOTION WAS AMENDED by Commissioner Zorc. SECONDED by Chairman Flescher, to approve the funding up to a maximum amount of $75,000 over a two-year budget cycle, and any further funding for this initiative would be brought back to the Board for approval. After further discussion regarding the funding, Commissioner Zorc made a second amendment to his Motion. SECOND AMENDMENT TO THE MOTION was made by Commissioner Zorc, SECONDED by Chairman Flescher, for the funding to come out of the General Fund contingencies. Bob Johnson, Coral Wind Subdivision, agreed with Commissioner Solari that this should have been submitted prior to the budget hearing; said it was not clear how much they were allocating; and wanted to know how much they are talking about over two budgets. November 12, 2013 19 208 Commissioner Zorc clarified the Motion, stating that the maximum amount funded would be $75,000 over the two-year budget cycle coming out of the General Fund. The Chairman CALLED THE QUESTION and the Motion and the amendments carried, by a 3-1 vote (Commissioner Solari opposed and Vice Chairman Davis absent). The Board: 1) approved the Economic Development Positioning Initiative; 2) approved to fund up to a maximum amount of $75,000 over a two-year budget cycle; 3) approved funding out of the General Fund contingencies; and 4) approved that any further funding for this initiative would be brought back to the Board for approval. Administrator Baird defined the process of developing the Request for Qualifications (RFQ) for companies that offer the services with the initiative, the scoring chart and analysis, and bringing it back to the Board prior to it going out. }. SPECIAL DISTRICTS AND BOARDS 15. • Emergency Services District - None 15.B. Solid Was • sposal Dist Following the Board of County sion meeting. the Board reconvened as the Board of Commissioners of the Solid Wast- sposal t. Those Minutes are available separately. 15.B.1. val of Minutes — Meeting of Sep er 10, 2013 . Approval of Minutes — Meeting of September 17, 201 November 12, 2013 20 209 A royal o DC Minutes of Februar 18 2014 ON MOTION ell, SECONDED BY Councilmember - c e members voted unanimous -0) to appro • a e minutes of Febr 8, 2014 as presented. s. Schlitt-Gonzalez, Mr. Penney, and Mr. Robinson arrived at 3: Draft Economic Development Positioning Analysis and Action Plan Ms. Helene Caseltine, IRCOC, updated the members on the status of the Request for Proposals - Economic Development Positioning Analysis and Action Plan, a copy of which is on file in the Commission Office. Ms. Caseltine referred to the Scope of Activities in the Economic Development Positioning Analysis and Action Plan and noted it was what items were to be included in the Request of Proposal. She mentioned the scope of activities also included the task, product and a timeline. Ms. Caseltine stated the IRC Attorney's Office, Purchasing and Risk Management departments still needed to review the draft Economic Development Positioning Analysis and Action Plan. She summarized some of the tasks required in the Economic Development Positioning Analysis included: • Community Leaders and Stakeholders Summits • Benchmark the County's competitive advantages and disadvantages • One-on-one and focus group interviews • Conduct Quantitative/Qualitative "Place" Perception Survey • Brief Assessment of County's Target Industries Ms. Caseltine anticipated the Economic Development Position Analysis Study would take approximately eight months to complete. Mr. Bill Schutt, IRC Senior Economic Development Planner, hoped the Request for Proposals - Economic Development Positioning Analysis and Action Plan would go before the Board of County Commissioners meeting on April 8, 2014. Mr. Stan Boling, IRC Community Development Director, mentioned the Request for Proposals - Economic Development Positioning Analysis and Action Plan, County staff broke down the tasks and structure in order to cost -out each of EDC/Unapproved 4 March 18, 2014 F:1Community Development\Users\EDplannr\Plans, Study's & ReportslEconomic Positioning Initiative 2013-20141RFPIBCC Staff Report - Attachment 4 - Draft EDC 03-18-14 Meeting Minui Attachment 4 210 them. Ms. Caseltine said the BCC approved up to $75,000 in funding for the Request for Proposals - Economic Development Positioning Analysis and Action Plan. She said there would be reporting requirements as the plan moved forward. ON MOTION BY Ms. Mitchell, SECONDED BY Ms. Chandler, the members voted (18-0) to accept the Draft Request for Proposals - Economic Development Positioning Analysis and Action Plan. \Update on the Florida's Research Coast Legislative Conference — , .. • ene Caseltine, IR Chamber of Commerce Caseltine stated Florida's Research Coast Legislative Confer • ce was held Ma 12-14, 2014 in Tallahassee, Florida. She said a • oup of 45 individuals •m the Martin, St. Lucie, and Indian River Coun and several members from e EDC attended. She felt the group had som extremely good productive meeti s with the Legislative Delegation. Commissioner L the conference focused current status of the sunse of tabling the EZ discussions evaluation of all state and senate of 2 or more. He added the EZ ca start talking to legislators on not su performing EZ. ison O'Bryan commented a ma the Indian River Lagoon g of the Enterprise Z ntil next year. rograms an in at. t ity of the legislators at sues. He mentioned the es (EZ) and there was talk said there was an economic any had a return on investment and felt it would be a good time to g the entire program but the under - Commissioner Liaison O'Br =n comme •ed Ms. Chandler on a great job of organizing the conference. lengthy disc . sion followed on the Florida's Research Coast Legislative C . ference and All Ab• - rd Florida. Ms. Caseltine c Conference would be Other Matters cluded the Florida's Rese. ch Coast Legislative Id next year, March 10-12, 2014. Ms. C eltine announced the Grand Opening of the Florida Aq. -culture in Fellsmere lorida on Wednesday, May 7`h at 10:30 a.m. Boling stated on January 22, 2014, the Board of Co. ty E► /Unapproved 5 March 18, 2014 :\Community Development1Users\EDplannr\Plans, Study's & ReportslEconomic Positioning Initiative 2013-20141RFP1BCC Staff Report - Attachment 4 - Draft EDC 03-18-14 Meeting Minutes.doc 211 4/8/2014 Authorization for economic Development Positioning Request for Proposals (RFP) Board of County Commissioners April 8, 2014 1 • "Positioning": improving the County's competitive position with respect to economic development • Initiated by EDC; authorized by BCC November 2013 • RFP joint effort of County staff and IRC Chamber staff 2 4/a/2014 • Standard RFP structure • Detailed Scope of Activities - Holding two leader/stakeholder summits Kick-off/input meeting #1 Presentation/review of draft plan meeting #2 - Conducting surveys and analyzing perceptions, strengths and weaknesses 3 - Assessing targeting of industries - Creating action plan for improving economic competitiveness - Assessing a coordinated marketing and branding effort - Holding two BCC meetings to review final report 4 2,0, 2 4/8/2014 • Budget: $75,000 • RFP structured scope activities in two phases - Respondents break down cost by phase and task 5 • Advertise RFP: 30 days for responses • Presentations; selection committee ranking • BCC approves ranking • BCC approves contract (June) • Work completed approximately May 2015 6 Z•1\ ' 3 4/8/2014 RECOMMENDATION • EDC and staff recommend BCC authorize staff to advertise RFP for Economic Development Positioning Analysis and Action Plan 7 �<4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM ll1N=PAI TNIE TAL 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: Michael D. Nixon, P.E., Roadway Production Manager MO SUBJECT: Resolutions for Paving (Millings) Improvements and to set a Public Hearing for 4th Place Petition Millings Project from 66th Avenue to one block east of 63'd Avenue in the Pine Tree Park Subdivision, Units 2 and 3 — IRC Project No. 1327 DATE: March 18, 2014 DESCRIPTION AND CONDITIONS Representatives in Pine Tree Park Subdivision, Units 2 and 3 presented County staff with a petition to install asphalt millings on 4th Place from 66th Avenue to one block east of 63'd Avenue. The project consists of 53 parcels, with 36 in favor of the project. The parcels vary in size. Based on front footage, 75.9% were in favor of the project. The minimum per the IRC code is 66.7%. Therefore this project meets the requirements for petition paving (millings). The proposed improvements to 4th Place will consist of the installation of 8- inch thick compacted asphalt millings over 9 -inches of stabilized sub -grade. The roadway limits will be 66th Avenue to one block east of 63rd Avenue. The adjoining side street of 65th Avenue mid -block north and south of 4th Place will be included in the roadway improvements. Staff conducted a public Informational meeting with the petitioners on January 30, 2014, to discuss the project scope and assessment process. In an effort to reduce costs as much as possible, it was decided that the Indian River County Road and Bridge Division would perform the construction. At the resident's request, the millings will be placed in the same area as the existing dirt roadway and no roadway widening, shoulder work nor drainage improvements will be included as part of the project. At the meeting, the property owners consented to moving the project forward. A Providing Resolution is presented for adoption by the Board. The petition was valid based on receiving signatures of property owners owning 3,859.8 linear feet of the 5,084.9 linear feet in the proposed benefited area. This represents 75.9% of the property owners in the proposed benefited area in favor of having this road paved. A separate resolution is presented for adoption to hold a Public Hearing to discuss the advisability, project cost, and amount of the assessment for each property owner in the benefited area. This Public Hearing has been scheduled for Tuesday, May 20, 2014 at 9:05 A.M. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and will be filed with the Clerk to the Board of County Commissioners. F;1Public Works\ENGINEERING DIVISION PROJECTS \I3274th Place_63rd Ave to 66th Ave-Miputba\Admin agenda hema113274th Placc-Pet. Paving RES. 1 & 2.4-t-14doe doc 212 Page 2 4th Place Petition Millings Project (66th Avenue to one block east of 63`d Avenue) — Pine Tree Park Subdivision, Units 2 and 3 For April 8, 2014 BCC Meeting FUNDING The total estimated project cost = $109,170.96 75% to be paid by property owners = 2% Collection fee (75% figure) = Total assessment = $81,878.22 $1.637.56 $83,515.78 25% to be paid by the County = $27,292.74 to be allocated from the Road and Bridge Petition Paving Account No. 10921441-035510-14008, 4th Place/Pine Tree Park (66th Avenue to east of 63rd Avenue) RECOMMENDATION 1) Adopt the resolution providing for the millings installation for 4th Place Petition Milling Project from 66th Avenue to one block east of 63rd Avenue in Units 2 and 3 of the Pine Tree Park Subdivision, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Allocate $27,292.74 from the Road and Bridge Petition Paving Account No. 10921441-035510- 14008, 4th Place/Pine Tree Park (66th Avenue to one block east of 63rd Avenue) 3) Adopt a resolution setting the time and place of the Public Hearing. —May 20, 2014, at 9:05 am. ATTACHMENTS 1. Providing Resolution 2. Setting Resolution for Public Hearing 3. Cost Estimate 4. Assessment Roll and Assessment Plat DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM FOR April 8, 2014 Indian River County Approvedd Date Administration • Iloi OA / Budget it:/i N Legal k )1' 4-21 L. Utilities 0412 If Public Works Y " 2— ty Engineering 10/,,, F:\Public Works\ENGINEERING DIVISION PROJECTS\1327-4th Place_63rd Ave to 66th Ave-Millings\Adnan\agenda item5\1327-4th Place - Pet. Paving RES. 1 4 2. a-1-14doc.doc 213 Providing (First Reso.) RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR CERTAIN ASPHALT MILLING IMPROVEMENTS TO 4th PLACE FROM 66th AVENUE TO ONE BLOCK EAST OF 63rd AVENUE, IN PINE TREE PARK SUBDIVISION, UNITS 2 AND 3, PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND LEGAL DESCRIPTION OF THE AREA SPECIFICALLY BENEFITED. WHEREAS, the County Public Works Department has been petitioned for Road Asphalt Milling Improvements for 4th Place east of 66th Avenue to one block east of 63rd Avenue in Pine Tree Park Subdivision, Units 2 and 3. WHEREAS, the construction of milling improvements by special assessment funding is authorized by Chapter 206, Section 206.01 through 206.09, Indian River County Code; and cost estimates and preliminary assessment rolls have been completed by the Public Works Department; and the total estimated cost of the proposed paving and drainage improvements is ONE HUNDRED NINE THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NINETY SIX CENTS ($109,170.96); and WHEREAS, the special assessment provided hereunder shall, for any given record owner of property within the area specially benefited, be in an amount equal to that proportion of seventy- five percent (75%) of the total cost of the project plus 2% collection fee ($1,637.56) which the number of front footage owned by the given owner bears to the total number of front footage within the areas specially benefited and twenty-five percent (25%) of the total cost of the project ($27,292.74) will come from the Petition Paving Account. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the improvements or specially benefited thereby and further designated by the assessment plat with respect to the special assessments; and F:\Public Works\ENGINEERING DIVISION PROJECTS \1327.4 h Place_63rd Ave to 66th Ave-Millings\Admin\agende Items \1327 Resolution-ProvldIng (FIRST)4-8-14 r..rs. 214 Resolution No. 2014- WHEREAS, any special assessment not paid within a ninety (90) day period from the passage of the final resolution shall bear interest beyond the due date at a rate established by the Board of County Commissioners at the time of preparation of the final assessment roll, and shall be payable in two (2) equal installments, the first to be made twelve (12) months from the due date and subsequent payment to be due by the next year; and WHEREAS, the special assessment shall become due and payable at the office of the Department of Utility Services of Indian River County ninety (90) days after the final determination of the special assessment pursuant to Section 206.08, Indian River County Code; and WHEREAS, after examination of the nature and anticipated usage of the proposed improvements, the Board of County Commissioners has determined that the following described properties shall receive a direct and special benefit from this improvement, to wit: Lots 9 through 20, Block F; Lots 1 through 8, Block J; Lots 11 through 20, Block G; and Lots 1 through 8 and 11, Block H; Pine Tree Park Unit No. 3 Subdivision, Plat Book 3, Page 50 and Lots 11 through 18 and 20, Block H; Lots 1 through 8, Block J; Lots 11 through 20, Block G; and Lots 1 through 8 and 14 through 16, Block K: Pine Tree Park Unit No. 2 Subdivision, Plat Book 3, Page 46, all of the public records of Indian River County, Florida. Said lands lying in Indian River County, Florida. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. A project providing for milling improvements to 4th Place east of 66th Avenue to one block east of 63`c Avenue in Pine Tree Park Subdivision, Units 2 and 3; heretofore designated as 2 215 Resolution No. 2014 - Public Works Project No. 1327 is hereby approved subject to the terms outlined above and all applicable requirements of Chapter 206, et seq. Indian River County Code. 3. This Resolution shall be published one time in a newspaper of general circulation published in the County (Vero Beach Press Journal). The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari who moved its The Chairman thereupon declared the resolution passed and adopted this day of , 2014. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller App oved as to f rm a d App illiam K. De raal, Deputy County Attorney 3 216 Time and Place (Second Reso.) RESOLUTION NO. 2014- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTY ON 4th PLACE FROM 66th AVENUE TO ONE BLOCK EAST OF 63rd AVENUE, IN THE PINE TREE PARK SUBDIVISION, UNITS 2 AND 3, COUNTY PROJECT NO. 1327 AND OTHER INTERESTED PERSONS MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING ASPHALT MILLING IMPROVEMENTS TO SAID PROPERTY AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIFICALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2014- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described herein, that asphalt milling improvements be made to said property; and WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06, Indian River County Code, requires that the Board of County Commissioners shall fix a time and place at which the owners of the properties to be assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of making asphalt milling improvements to said property, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The Board of County Commissioners shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, May 20, 2014, at which time the owners of the properties to be assessed and any other interested persons may appear before said Board and be heard in F:1Public Works1ENGINEE ING DIVISIONPROJECTS11327-4th Place 63rd Ave to 66th Ave-Mi]liogs \AdminNagexida iteau11327 Resolution- Setting(SECOND) 4-8-14.doc 217 Time and PIace (Second Reso.) Resolution No. 2014 - regard to said property. The area to be improved and the properties to be specifically benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessment. 2. All persons interested in the construction of said improvements and the special assessments against the properties to be specifically benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said improvements, and an estimate of the cost thereof at the office of the Clerk to the Board any week day from 8:30 A.M. until 5:00 P.M. 3. Notice of the time and place of this public hearing shall be given by two publications in a newspaper of general circulation in the County (Vero Beach Press Journal) a week apart. The last publication shall be at least one week prior to the date of the hearing. The Indian River County Department of Public Works shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address to be obtained from the records of the property appraiser. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice -Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Bob Solari F:\Public Works\ENGINEERTNG DIVISION PROJECTS \I327 -4th Place 63rd Ave to 66th Ave -Millings Admin \agenda item0327 Resolution- Setting(SECOND) 4-8-14.doc 218 Time and Place (Second Reso.) Resolution No. 2014 - The Chairman thereupon declared the resolution duly passed and adopted this day of _ , 2014. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Peter D. O'Bryan, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Ap roved as to form illiam K. d I al sufficiency: eBraal, Deputy County Attorney Attachment; ASSESSMENT ROLL FAB -161k Worics\ENGINEERING DIVISION PROJECTSU327-4th Pla«_63rd Ave to 66th Ave -Millings Admin items\1327 Resolution- Setting(SECOND) 4-8-14.doc 219 PRELIMINARY COST ESTIMATE FOR: 4th Place From 66th Avenue to east of 63rd Avenue (MILLINGS ONLY - EXISTING CONFIGURATION) Project #1327 1. CONSTRUCTION $97,896.40 2. ENGINEERING (5% of construction cost) $4,894.82 TOTAL CONSTRUCTION & ENGINEERING 3. PERMIT FEES $200.00 4. TESTING $2,000.00 5. ROW ACQUISITION & TITLE SEARCH 6. RECORDING FEE SUB -TOTAL 7. 3.00% ADMIN. FEE TOTAL COST OF PROJECT 25% TO BE PAID BY COUNTY 75% TO BE PAID BY PROPERTY OWNERS 2% COLLECTIONS FEE (75% FIGURE) COST PER L.F. $16.4242718638 $1,000.00 $3,179.74 TOTAL ASSESSMENT TOTAL L.F. 5,084.90 $102,791.22 $105,991.22 $109,170.96 $27,292.74 $81,878.22 $1,637.56 $83,515.78 F:\Public WorkstENGINEERING DIVISION PROJECTS11327-4th Place_63rd Ave to 66th Ave-Millings\DesigntAssessment11327 Assessment 4th Place.xls 220 16.4242718638 Cost Per Linear Foot = cv M. ..Q. ,QI (7' C '4 ; 001 j N- 0 Cpl 0)'0 d 0 CO- st' sl-; s.. CO} 0, 641 n : .- 14:1 r L(7 * r I Cr) i 0). ffl 01 Oj 0 Lt 0I On N; n •••• (0 iin ':.m a ;,:f °a a co is H O O O EO 10 tO J -J J jJ ....J H '- ;-) 5 m •m 1m m co co 3M im ;co ▪ o O ;O O 'O ▪ Z Z 1Z Z ?z ay c c iC i s ' C Y i` iY iY • a o ;a is :• d : a) • a) ; a) • a) i a) e Iola) im S:a) ;o 11- -i- ' a) 1'r)'• aa) ( a) i a) a) c m; Cf.c m: C ,..,:c . aa 0 lona a_ iii �;E. (0• (0 0) O) M cl _J' J' LL; LLi vi u1 0) 0I of >; CD (0 , (01 a0 100 f 0) 0)1 0)0 NI Ne N M! 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' - I 1,0 :CO jr N- 1a0 r :r Ito J J 'J tJ o •;o o K.D E_Y ICO 7m Em to) •N N o o f o o Z iz tz ;Z E C D ' ;-6 co 6s .o a la. ;a a ;m q, C� f Q i l c 0,1 , 6) "Er �;amtii05 z;t° 01 CO CO1 G CO m: 0) N., N CO; M J' J LL i 1.1.. V, V N ' (6 G) 6) mt m} CD O; 21 N' d 'IIF.'. > >- a� f l' I a; n_ J ,-,,t; mit z Z,.---". • I o :.: _._._01_._._0 [Y a O z.5';, LL J 8,!: •; �.. 03,,03,,J J o c.( J a� N It v N,.', - iN I- G w Z�' a r Li.'• Q .� c a (D &r.; , �i'• o7i CO 1 1 0 �,'•.' a - •o C, V) c CL .: . fes' >. Q Rs moa), O 1. 2'w� Z ° f • :. o; of a) 4-•!--• ui co; a;• .j . 8; o: >- Qw: o r-; n; o ; ! o; rt .c u : .Z o 0 o! o; CO i 01 i • T a: O: li' -8. Oiof H W ▪ a c 0)'' 0); W -C0::-:col c0, Cl- *CT Z. cam') (`�')' (o M L LL t iu� ;d ym m,2 O;Q) a1> Ito aQ rb 8;( g CO c, r ; 0D; co M} gs Design‘Assessmenni 327 Assessment 4th Place.xls Place 63rd Ave to 66th Ave -Mi F:1Public Works\ENGINEERING DIVISION PROJECTS11327-4 224 it Rt ti 4 8� z�m 225 1/30/2014 nr.. PRELIMINARY CONSTRUCTION ESTIMATE EAST OF 63rd AVENUE PROJECT NAME: 1327 4th PLACE PETITION MILLINGS, 66th AVENUE TO ENGINEERS ESTIMATE: item No. Description Unit Quantity Unit Price Amount 101-1 MOBILIZATION LS 1 1,000.00 1,000.00 102-1 MAINTENANCE OF TRAFFIC LS 1 1,000.00 1,000.00 104-1 EROSION & WATER POLLUTION CONTROL LS 1 1,000.00 1,000.00 110-7 MAILBOX RELOCATION LS 1 1_,000.00 1,000.00 120-1 GRADING, EXCAVATION, EMBANKMENT AND FINAL DRESSING LS 1 25,000.00 25,000.00 163-4 TYPE B STABILIZATION - 9" SY 5,885 2.00 11,770.00 M-1 MILLINGS (8" thick - two lifts) SY 5,576 8.90 49,626.40 57D-1-2 SOD (MATCH EXISTING) SY 5,000 1.50 7,500.00 TOTAL 97,896.40 00310-3 F:\Public Works\ENGINEERING DIVISION PROJEGTSl1327-4th Place_63rd Ave lo 66th Ave-MillingsWdminlestimates11327 4th Place Petition Millings Estimate 1- 29-14.xls 226 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM EMERGENCY AGENDA ITEM APRIL 8, 2014 AGENDA ITEM: 12.1.2 TO: Joseph A. Baird, County Administrator FROM: DATE: April 7, 2014 SUBJECT: All Aboard Florida (AAF) Passenger Rail Proposal Environmental Impact Statement (EIS) Review DEPARTMENTAL — PUBLIC WORKS Christopher R. Mora, P.E., Public Works Director DESCRIPTION AND CONDITIONS AAF's proposal to establish high-speed passenger rail service between Miami and Orlando is in the engineering and design phase. Railroad corridor improvements are planned to begin construction in 2015 with passenger operations tentatively scheduled to commence in 2016. In compliance with Federal rules, an Environmental Impact Statement (EIS) for the high-speed rail project is being prepared and will soon be submitted for public and agency review. No other permitting is needed for the project to move forward with the exception of permits for structural / infrastructure improvements such as bridges, train stations, etc. The initial or draft EIS is expected to be published shortly and will cover a variety of topics including social / economic impacts, historic / archaeological / cultural impacts, natural resources, air / water quality, threatened or endangered species and noise, among others. A cost analysis, financial plan, environmental mitigation and other reports may also be included as supporting documentation. Given the complex and comprehensive nature of the EIS, County staff will need assistance to complete the review within the 45 -day review period. CDM has offered to conduct the EIS review in cooperation with County staff, and would do so under their existing continuing services agreement with the County at a cost not to exceed $23,542. FUNDING: If approved, funds from Transportation Fund / Reserves / Reserve For Contingency Account# 11119981-099910 will be transferred to Transportation Fund / Public Works / Other Professional Services Account# 11124319-033190 to cover this project. STAFF RECOMMENDATION: Staff recommends the Board approve issuance of a work order to CDM to review AAF's Environmental Impact Statement, under CDM's existing continuing service agreement with the County, and authorize staff to execute the work order on behalf of the Board. APPROVED AGENDA ITEM FOR: April 8, 2014 BY: if p.0 4 Cf Indian River County Approved Date Administration fi`�?`�/ / Budget 1 /4/7/14 Legal a IJ 7 J 11 Public Works `/ - 7 -26/Y 226./ SES O. U.S. Department of Transportation Federal Railroad Administration 11.6.14 .M€�cF►gIf U .2 �,Dvr iOR Office of Safety RRS-23 Highway Rail Crossing and Trespasser Program Division ON-SITE ENGINEERING FIELD REPORT — Part 1 All Aboard Florida Background: FRA Headquarters, in conjunction with the Region 3 office, assisted in the diagnostic safety review of the Florida East Coast (FEC) Railway grade crossings between Miami -Dade to St. Lucie counties. This is due to High Speed Passenger Rail service being planned between Miami and Orlando, known as "All Aboard Florida". Beginning February 4, 2014 and ending on March 7, 2014, a total of 263 public and private grade crossings were assessed. Participants included officials from Florida Department of Transportation (FDOT), FEC, All Aboard Florida (AAF); including local city and county officials at some locations. For the purposes of this report, Part 1 represents the diagnostic review taken place from Miami -Dade to St. Lucie Counties. Part 2 designates the diagnostic review from Indian River County to Cocoa Beach, which is expected to occur in raid -to -late lune 2014. There are approximately 90 grade crossings in Part 2. The segment between Cocoa Beach and Orlando will be designed tor 1 25 MPH, however, AAF will not he traversing over any at -grade crossings along that rail corridor. Scope: Crossing locations between Miami to north of West Palin Reach are being designed for a maximum authorized speed of 79 MPH. The 110 MPH segment begins/ends at 30th Street in West Palm Beach (milepost 297.40), and continues through the Private Road Crossing in lndrio (milepost 233.90). Within the 110 MPH segment, train speeds are lowered to conventional rail limits where civil constraints exist; such as curves or draw bridges, which are noted on the accompanying field design plans. Currently the design plans are at 30%. The next reiteration will be at 90%. Therefore, the decisions for the grade crossing signaling equipment and warning devices will he determined fairly soon. The existing crossing signaling equipment contain a mix of signal cases and relay houses, equipped with either Phase Motion Detectors (PMD -1) or HXP 3R2's highway crossing processors. Page 1 of 7 12E 2 Each crossing location will eventually consist of relay houses equipped with GE Transportation's ElcctroLoglXS XP4 for constant warning time as part of this project. For 110 MPH, the crossing circuits beyond the 79 MPH standard will utilize a GE device linked through the PTC system for the advanced crossing starts. The technology will diagnose a health check to determine whether or not all roadway/pedestrian gates are in the down position. Results: Of the 263 grade crossings in Part 1, there are 57 crossing locations affected for Sealed Corridor. treatments within the 110 MPII territory. Officials from All Aboard Florida passenger rail project (herein the "Project") have openly expressed that the proposed 1 10 MPH segment will NOT incorporate the "Sealed Corridor" concept as outlined in FRA's Highway -Rail Grade Crossing Guidelines for High -Speed Passenger Rail, Version 1.0 (November 2009). They stated that since these are "guidelines, not regulations" as quoted on page iii, in which they are not obligated to incorporate any of the described crossing treatments as illustrated in the document. The Project estimates that in doing so would incur an additional financial burden of about S47 mil. In my professional opinion, 1 respectfully disagree with the Project's approach in that they are not exercising appropriate safety practices and reasonable care when designing for High Speed Passenger Rail service. I explained to the entire diagnostic team how important it was to adopt the principles of the Sealed Corridor approach. However, it was clearly evident that the Project was not pursuing such concept. As a result, the Project has directed their signaling engineering consultants to design crossings to ONLY accommodate for the additional track while complying with the MtITCD - hut not to incorporate any of the Sealed Corridor treatments. Furthermore. since there is a completely different philosophical view towards safety between the Project and 1, the accompanying marked - up design plans and field notes are notably different from the Project's design plans; particularly along the 110 MPII segment. The Project has been maintaining a running log noting my Sealed Corridor recommendations. Officials from FDOT's Rail Office are not taking a position, one way or the other, at this time. Page 2 of 7 Safety Recommendations: The following are recommendations made to the Project based upon my on-site field assessments during the diagnostic safety review: A. Pedestrian gates - there are certain locations along the corridor in which sidewalks are present on both sides of the railroad right-ot-way, but do not follow through. Some of these sidewalks do not comply with today's ADA's standards, however pedestrian travel is evident due to the worn foot path on the surface, and general witnessing of usage. Typically the roadway gate covers the entrance side of the adjacent sidewalk, but there are no pedestrian gates on the opposite quadrants. The Project stated if there is no agreement with the city or county for the service and maintenance of a pedestrian gate assembly, they will not install them. Trespassing is an epidemic along this corridor. Rather than encourage it, it is recommended per my field notes at those particular locations to equip sidewalk approaches with a visual and gated barrier. This is to provide safe passage of pedestrians through a very active rail line and prevents those from walking into an open railway corridor; or directing them onto the street - irrespective it there is an agreement or not. B. Vehicle Presence Detection - fur those public and private crossings between 80-110 MPII in Part 1 to be equipped with a Vehicle Presence Detection ("VPD") system. The entire FEC corridor is equipped with Cab Signaling control. Presence detection will serve as a long term obstacle system, where the presence of a vehicle within the crossing area for a fixed length of time would he reported as an alarm through the remote monitoring system, irrespective of the approach ota train. Subsequently, tor those 3 -Quadrant and 4 -Quadrant gated grade crossings between 80-110 MPH (as identified further below), it is recommended that either through the activation of a loop detector and/or a vertical exit gate (indicating a roadway vehicle is occupying the crossing) that a vehicle is detected by the train as a "feedhack loop" of information; resulting in a loss of cah-signals, thus placing the train in an automatic speed restriction. Motor vehicles stalled, or trapped on a crossing due to queuing, present a derailment hazard; and in multiple track territory or where freight equipment is standing on adjacent sidings or industry tracks, derailments can result in catastrophic secondary collisions. Therefore, presence detection providing feedhack to the train control system to high speed Page 3 of 7 22G._ trains traveling along this FEC corridor be active in order to minimize the possibility of derailments as well. Recommending a VPr) system is due to the following safety reasons: 1. Field observations with vehicular traffic stopping on tracks 2. Safety concerns expressed by city, county and FDOT officials 3. Several crossings with reduced or no vehicle clearance at roadway T -intersections 4. Vehicles yielding to oncoming traffic while on tracks at non -signalized T - intersections 5. Motorists / Commercial Vehicles queuing over tracks due to 4 -way stop intersection, and vehicles entering adjacent driveways and parking lots 6. The multiple track surfaces enables motorists to make 1.1 -turns or cut thru's easier 7. Severely skewed crossings 8. Acute -angled crossings with main gates perpendicular to the vehicular roadway C. Sealed Corridor Treatments - the following grade crossing locations are the recommended Sealed Corridor Treatments required by the Project to instill: Four -Quadrant Gates (also referred as exit gates) (41) Street Name City/Town Milepost DOT # 30th Street West Palm Beach 297.40 272 4061 Inlet Blvd. Rivera Beach 295.45 272 400 T Flagler Street Rivera Beach 295.15 272 399 B Silver Beach Road Lake Park 293.75 272 389 V Park Ave Lake Park 293.30 272 387 G Richard Road Palm Beach Gardens 292.20 272 385 T j Lighthouse Drive Palm Reach Gardens 291.70 2.72 384 L RCA Blvd. Palm Beach Gardens 290.30 272 382 X Fred Small Road Toney Penna Dr. * Jupiter 286.20 273 020 P Jupiter 284.20 274.50 272 378 H Gleason Street Hobe Sound 272 367 V Bridge Road Hobe Sound 274.10 272.70 272 366 N Pettway Street Hobe Sound T 272 365 G Crossrip Street Salerno 271.40 272 362 L Osprey Street Salerno 270.90 272 934 K Cove Road Salerno 267.14 266.80 272 359 D Broward Street Salerno 272 358 W Salerno Road Salerno 266.60 272 357 P Seaward Street ** Salerno 266.50 272 356 H Page 4of7 2,z -C-_ Monterey Road Stuart Stuart S- R AlA rt- — _ _-- Florida Street Stuart Palmetto Drive Rio --- -- I Jenson Beach Blvd. Rio 256.80 _. 0- r j Pitchford Land*** Rio _ ___,_ 256.20 Skyline Drive Rio 255.50 Count Line Road Rio 255.30 I Walton Road Walton 252.50 Midway Road Walton 24630 Savannah Road Fort Pierce LNo. Bch. Causeway Indrio 239.80 Shimoner Ln. *** Indrio 239.50 Tarmac Road*** Indrio 239.20 -- --- I St. Lucie Lane Indrio 238.80 Chamberlain Blvd. Indrio 238.40 263.30 262.50 262.30 X257.40 272 353 M - 272 350 S 272 349 X 272 342A _- 272 340 L 272 338 K 272 337 D 272 336 W 172 332 U 272 331 M )243.80 272 330 F MiIton Road Torpey Road Rouse Road Indrio Indrio Indrio 272 218 U 272 217 M 272 215 Y 272 214 S 772 213 K 237.80 272 211 W 737 10 236.70 Michigan Street Wilcox Road Harbor Branch Rd Indrio Indrio 736.10 272 210 P i--- 272 209 V 272 208 N Indrio 235.60 235.10 272 207 G 272 206 A * - Last crossing location (northbound) for proposed Tri -Rail service ** - Recommend to be CLOSED *** - Private Crossing 100 -foot Non -traversable Medians * (7) Street Name 36`h' Street 45`h Street City/Town T Milepost DOT # 272 405 C West Palm Beach West Palm Beach 49`h Street 297.10 296.65 272 403 N West Palm Beach 296.30 County Line Road Park Road SR A1A ** Hobe Sound Hobe Sound Salerno 272 240 G 280.90 272 372 5 277.70 272 370 D Avenue A Fort Pierce 268.65 272 360 X 241.30 272 238 F * Please note: it for any reason the Project and the respective municipality cannot agree on the median treatment, then those location(s) be equipped with exit gates. ** Medians to be at least 150 -feet each approach due to severe roadway skew. Page 5 of 7 22C. t Conclusion: Based upon my professional background and experience in regards to grade crossing safety, i strongly recommend officials from All Aboard Florida to adhere to the principles as outlined in the I'RA's guidelines for Emerging High -Speed Rail (80-110 MPH). in doing so incorporates the optimum safety practices in the engineering and design of their crossing locations for the following reasons: 1. The operating dynamics are significantly changing within the existing environment of the grade crossings, along with an already an active freight operation that will include: The addition of 16 round-trip trains (32 total) at 110 MPH The eventual inclusion of Tri -rail Commuter Rail service, which will add 74 trains. Changing from single track to multiple track configurations. IL Densely settled neighborhoods with congested roadways 111. As many as 5 traffic lanes in the oncoming direction at'1'-intersections in summary, as the travelling public begins to assimilate to a substantial increase in railroad operations - by incorporating enhanced railroad signaling technology and increased active highway warning devices are paramount to ensuring safety awareness as both entities interact with one another. Therefore, equipping crossing locations with the recommended actions, as outlined above in this report, will dramatically reduce potential safety hazards and catastrophic events. Report Respectfully Submitted By: Frank A. Frey, Gen. Engineer -HSR Federal Railroad Administration { U.S. DOT 1200 New Jersey Avenue, SE RRS-231 W33-447 Washington, AC 20590 (202)493-0'130 iPhone (202) 738-2195 frank.frcy@dot.gov March 20, 2014 Page 7 of 7 ,21c. Three -Quadrant Gates (due to a median present on the opposite side) (6) City/Town Milepost TOOT # Rivera Beach -1 294.90 272 390 P + Palm Beach Gardens 290.80 272 383 E Palm Beach Gardens 288.50 Palm Beach Gardens 4 287.20 Jupiter 283.60 Fort Pierce 241.50 Street Name Blue Heron Blvd. Burns Road Hood Road Donald Ross Road Indiantown Road Orange Avenue 272 380 J 272 379 P 272 377 B 272 239 M Private (6 locations within 110 MPH) Street Name Miracle Way * City/Town Rio Pitchford Lnd ** Rio Shimoner Ln ** Indrio Tarmac Road ** Indrio 1239.20 272 215 Y Private Road * 1 Indrio _1_234 50 272 205 T Private Road * Indrio ) 233.90 272 204 L Milepost DOT # 257.10 272 341 T 1 256.20 272 338 K 1239.50 272 217 M * - Recommend locked gate with procedures seeking perrnission from R.R. dispatch to cross. **- Recommend the Project to equip with Four -Quadrant Gates (including VPD) Closed (17) Please note: Officials from the city or county are not taking a position, one way or the other, at this time. Street Name 179`x' Street 141" Street * Third Street City/Town I Milepost DOT # Aventura 353.60 272 602 R North Miami Beach 356.12 272 609 N Hallandale 350.30 272 591 F Hollywood 349.03 272 588 X Monroe Street Fillmore Street Hollywood 348.52 272 585 C Garfield Street Hollywood 348.07 272 582 G Dania Blvd* Dania Beach 345.94 272 574 P 272 573 H First Street * Dania Beach 345.81 - —"---" — 22'd Street Fort Lauderdale 342.96 272 566 X 9`F` Street Fort Lauderdale 341.80 272 661 N - - - - 6'h Street * Fort Lauderdale 341.56 272 559 M 5`F Street * Fort Lauderdale ` 341.45 272 558 F 2nd Street Pompano Beach 333.31 272 534 S 4"' Street Deerfield Beach 327.41 272 513 Y —2" Street 772 511 Keet Deerfield Beach 326.81 Hunter Street West Palm Reach 303.18 1 272 450 IN 266.50 272 356 H Seaward Street **Salerno * - or possible one-way ** - only crossing to be closed along 110 MPH segment Page. 6 of 7 21(1 County Attorney's Matters 4/8/14 Office of/3k INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney MEMORANDUM Kate Pingolt Cotner, Assistant County Attorney TO: Board of County Commissioners THROUGH: Chris Mora, Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: April 2, 2014 SUBJECT: Sale of Easement to Cumberland Farms Cumberland Farms has submitted an application to construct a convenience store with fuel service at the northeast corner of Oslo Road and 27th Avenue. This location is directly north of the former site that was taken via eminent domain for the Oslo Road Widening Project Phase II. The former store has been demolished and there remains an 80 foot remnant strip abutting and parallel to Oslo Road. Please see the aerial photo attached to the purchase agreement for depiction for the 80 foot strip. The remnant strip contains a 30 foot wide easement along its eastern border. This easement is also depicted on the aerial photo attached to the purchase agreement. The easement runs in favor of the lot owner to the north of the easement. Cumberland Farms will use this easement as a right in -right out access lane for its new store. In order to accommodate semi -trailer deliveries and a sidewalk, Cumberland Farms has requested to widen the easement by an additional 9 feet by using County owned property. The sketch and legal description of the proposed additional easement is attached to the -purchase and sale agreement. In exchange for the easement over the 757 square feet of County owned property, Cumberland Farms has agreed to pay the sum of $25,000 to the County. Staff considers the purchase price to be appropriate in light of the easement interest and surrounding property values. Funding: There are no County funds expended as a result of this easement purchase. Recommendation: Staff recommends the Board approve the attached Purchase and Sale Agreement for the easement to Cumberland Farms and authorize the Chairman to execute the Agreement and Easement on behalf of the Board. 227 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (the Agreement) is entered into as of the day of , 2014, by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960 (the County), and Cumberland Farms, Inc., a Delaware corporation authorized to do business in the State of Florida, whose address is 100 Crossing Boulevard, Framingham, MA 01702 (Cumberland). Cumberland and the County (the Parties) agree as follows: RECITALS WHEREAS, Cumberland has submitted an application to construct a convenience store with fuel service located at the northeast comer of Oslo Road and 27th Avenue in Indian River County (the "Cumberland Development"); and WHEREAS, the County owns an 80 foot right of way strip of property in front of the Cumberland site parallel to Oslo Road. The strip is encumbered with a 30 foot wide access easement along the eastern edge of the 80 foot strip and benefits the property to the north of the strip (the "Initial Easement"). The 80' strip and the Initial Easement are shown on the aerial photo, attached as Exhibit "A"; and WHEREAS, Cumberland seeks to expand the width of the easement in order to accommodate semi tractor -trailer deliveries, a sidewalk, and general ingress/egress for the Cumberland Development, all as shown on the sketch and legal description attached as Exhibit "B"; and WHEREAS, for the consideration and terms as set forth herein, the County shall convey an access easement to Cumberland over the property described in Exhibit "B" (the Property) for the use and benefit of its employees, guests and customers and those benefited by the Initial Easement, in accordance with the Easement attached hereto as Exhibit "C"; and WHEREAS, each Party agrees that this Agreement is in the best interest of the County and Cumberland, respectively. NOW THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree, as follows: 1. The above recitals are true and correct and are incorporated by this reference herein. 2. Agreement to Purchase and Sell and Grant. The County hereby agrees to convey to Cumberland a perpetual, non-exclusive easement, for access as shown on the sketch and legal description attached as Exhibit "B" in accordance with the Easement attached hereto as Exhibit "C". ORLDOCS 13368037 2 228 3. Purchase Price; Effective Date. Cumberland shall pay the County TWENTY - FIVE THOUSAND dollars ($25.000.) for the Property (the Purchase Price). The Purchase Price shall be paid on the Closing Date (as such term is hereinafter defined). The Effective Date of this Agreement c ton of this latter shall be the Agreement, byeupon the Indianh River County shall have approved the County Board of County Commissioners, at a formal meeting of such Board, 4. Representations of the County. To the best belief of the County, the County is the owner of its interests in, and has good right, title and authority to convey and transfer its interests in the Property to Cumberland. 5. From and after the Effective Date of this Agreement, the County shall take no action which would impair, or otherwise Records affect, wouldany portion of the affect title to Phe Property, without y, and shall record no documents in the Public without the prior written consent of Cumberland. 6. Closing. The closing of the transaction contemplated herein (the "Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement where upon the Purchase Price shall be promptly delivered by Cumberland to the County. Cumberland and the County shall each deliver to the other such other documents or instruments as may requested adocumenuired for ts. Closing of this transaction, including any reasonably corrective 7. Miscellaneous. 7.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 7.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to this transaction and supersedesallto rior agreements, written or oral, between Cumberland and the County, ng subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the Parties. 7.3 Assignment and Binding Effect. Neither the County nor Cumberland may assign its rights and obligations under his Agreement b riding uponwithout andthe shaNprior inure to the benefit of the other Party. The terms hereof shall be of the Parties hereto and their successors and assigns. 7.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Cumberland: ORLDOCS 13368037 2 Attn: 2 229 If to County: Indian River County 1801 27th Street Vero Beach, FL 32960 Attn: Public Works Director Either Party may change the information above by giving written notice of such change as provided in this paragraph. 7.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either Party, or in any instruments delivered pursuant hereto, or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the Parties hereto are made solely for the benefit of, and may be don onlythe beneft of, nory the her Party hereto, its may they be relied successors and assigns, and are not made for upon, by any other person whatsoever. 7.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each Party shall bear its own attorney's fees, costs and expenses, except where Florida law provides for prevailing party attorney fees in which case the latter shall control. 7.7 Approval Required. This Agreement is subject to approval by the Indian River County Board of County Commissioners. 7.8 Severability. 1f any part of this Agreement is deemed to be unenforceable, the balance of the Agreement shall remain in full force and effect; provided that the essential purposes of this Agreement are capable of being fulfilled in the absence of such invalid provisions. ORLDOCS 13368037 2 3 230 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Peter D. O'Bryan, Chairman BCC approval date: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Indian River County Administrator illiam K. DeBraal Deputy County Attorney ORLDOCS 13368037 2 4 231 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth below WITNESSES: CUMBERLAND FARMS, INC. By: Witness signature Printed name: Printed name: Title: Witness signature Printed name: STATE OF COUNTY OF } The foregoing instrument was acknowledged before me this day of , 2014, by , as of Cumberland Farms, Inc. who is personally known to me or produced as identification and did not take an oath. Notary Public, State of Print Name of Notary Public ORLDOCS 13368037 2 5 232 EXHIBIT "A" Aerial Photograph of Eighty Foot wide Right of Way strip together with the 30 foot wide existing access easement along the eastern boundary pursuant to the Easement recorded May 18, 2012 in Official Records Book 2576, Page 557, and Official Records Book 512, Page 600, Public Records of Indian River County, Florida. ORLDOCS 13368037 2 6 233 234 EXHIBIT "B" LEGAL -DESCRIPTION TO ACCOMPANY SKETCH LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA LEGAL DESCRIPTION: A STRIP OF LAND LYING IN TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, SAID LANDS NOW LYING 1N INDIAN RIVER COUNTY, FLORIDA; BEING MORE SPECIFICALLY 'DESCRIBED AS FOLLOWS: COMMENCE -AT THE-SOUT WEST CORNER OF SECTION 23,:TOWNSHIP 33 $011TH RANGE, 39 FAST; THENCE SOUTH 89°545'41' EAST, ALONGTHE SOUTH ONE OF -SAID SECTION 23, A DIST ANCEOF 336.56"FEET TO AN INTERSFCTIQN"WITH THE I QUTHERL'Y'PROLONGATION OF THE WEST ONE OF "BRADFORD PLACE', ACCORDING TO THE P1JT THEREOF.; AS RECORDED IN•PLAT BOOK 21', PAGE 38 OF -THE PUBLIC .RECORDSOF INDIAN RIVER COUNTY THENCE NORTH BVg53" E ST ALONG SAmSOUTHERLY PR01ONF3AT11ON, A DISTANCE PF *I30.43q PEEET TO AN INTEASECT1ON'W LTH THE SOUTHWEST CORNI=R OF'SAID'PLAT OF "BRADFORDPLACE" A. LINE THAT IS 1303X0 PEET NORTH OF AND PARALLEL WITH; AS MEASU.REED`AT RIGHT ANGLES TO,'THE.SOUTH LINE OF SAID SECTION 23: THENCE NORTH'69°5641" WEST, DEPARTING SAID SOUTHERLY PROLONGATION AND ALONG 'SAID PARALLEL LINE: A DISTANOE OF30:00 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE NORTH 89°5641" WEST, A DISTANCE OF' 1289 FEET TO TFIE BEIf3INNING OF A NON -TANGENT CURVE, CONCAVE TOS NORTHWEST, HAVING A RADIOS OF"4350 FEET A -ND WHOSE RADIUS POINT BEARS NORTH 68°3'1'28" WEST, THENCE NORTHEASTERLY ALONG THE ARCOF SAIDCURVE THROUGH A CENTRAL ANGLE OF 16"09'00" A DISTANCE OF 11;50 FEET; THENCE NORTH 00°19531 EAST; A DISTANCE OF 42.29 -FEET TO THE BEGINNING OF ANON -TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING ARADIUS OF 31.00 FEET AND WHOSE RADIUS POINT BEARS SOUTH' 83'07'x.5" WEST THENCE NORTHWESTERLY ALONG'THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34.00'.92" A DISTANCE OF 18.40 FEET TO AN INTERSECTION WITH A LINE 200.00' FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE SOUTH 89'56'41" EAST; ALONG SAID PARALLEL LINE, A DISTANCEOF 17.44.FEET; THENCE SOUTH 03°19'33" WEST, DEFAMING SAID PARALLEL LINE A'DISTANCE OF 70:b0 FEET TO AN:INTERSECCTION WITH 'ALINE 130.0 FEET NORTH'OF AND PARALLEL WITHTHESOUTH LINE OF SAIQ'S;ECTION 23.ANDTHE POINT OF BEGINNING. CONTAINING: 751 SQUARE FEET O.R 0.01738 ACRES, MORE.OR LESS. E. END . A.K.A.=ALSOKN0WN1 23349 SEC7KI473:.*:WJ1'11'ifP33'S011TM, P:$. = PIAT BOOK RANGE 99EAST P0. = PAGE • 5,1.0:P.R..,='SAINT LiJC,IE COUNTY PUBLIC RECORDS SURVEY-YR'S NOT 1. nit BEARING$ SF€OWM'HREflAt/iRE:CaRID8EAR1N6S; FLORIDAEAST ZONE; E; TItNLNSVERSE MERCATOR PROJECTION, 1993 F60 PAtU$TM6NTA116 ?HA$ED UPON A BEA LNG O.P NORTit'49'i>I'3Y' EAST ALONG THE WEST UNE OF SAID PLAT OF'SR4Df RD PLACE". 2. ALL RECORD DOCUMENT$'AREOF REFERENCE;TG THE PUBLIC RECORDS'OFINDIAN.RIVER COUNTY UNLESS OTHERWISE NOTED. 3. NO INSTRUMENT$ OF RECORDREFLECIING EASEMENTS, RIGHTS-OF.WAY AND/OR OWNERSHIP WERE FURNISHED TO THE SURVEYOR EXCEPT AS SHOWN. HEREON. NO OPINION OF TITLE IS EXPRESSED OR IMPLIED. NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOTVAUP UNLESS ACCOMPN4IED WTh SKETCH OF DESCRIPTION AS SHOWN ON SHEET2 OF 2 OF THIS DOCUMENT. TIHISISNOT 'A SURVEY ERFEI 1dI'. •I.1 Z.�-et i?CV FN OI PJ r_E WI= 7041 EW. aLA,SLVAY,31UAR7. (W'ADA ,5•927 1772) CF{.1CL'S 'AM V MLtDOJRNC PORT SY. Wc7L--AID AILAHASSLC Il. °°WD A>'IMRI7AY��l DOOM%:curir Ai pAVMOR,lA� 11,-,Wd70► 1por{;muVa"HYulf •� , ORLDOCS 13368037 2 SURVEYORS; CERTIFICATION: I;HERESYCERTIFY, TO THE -BEST OF MY KHOWLEPKANIaBEL . T T THE SKETCH AND DESCR'FIPTIONuSHO%NN.HEREQN W1s0REPAREOIN ACCCROANCE MATH THE'MINW UM TECHNICAL 8TANi1A IWFOR SURVEYING AND MAPPING IN THE *TO. OF FLORIDA A$ SET FORTH EY THE FLORIDA BOARD OF PROFESSIONAL SUAVE -WOE ANQ MAPPERS IN 01IARTER 5.1.17, FLORIDAADUINISTRATIVE CODE. PURSUANT TO SECTION 472.027,ft0RIDA STAT. _ .$ STEVEN N. BRIG PROFESSION ,'URVEYORAND MAPPER FLORIDA Li • EMt, LS -6841 MARCH 19,;2014 DATE OP SIGNATURE CREECH ENGINEERS. INC: CORPORATION CERTIFICATE:CIF AUTHORIZATION NO. LB 8705 NOT VAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA UCSNSED SURVEYOR AND I+LAPAE1 CUMBERLAND FARM OSLO ROAD AND 27TH AVENUE SW INGRESS/E.-GRESS EASEMENT INDIAN MET FLOFt1DA, P>zes1.T No- 41120.0Z1vlBu Dm 3-t4-14 `��cAA+Dc t$ .291 . ,�,w. 0- srti.-0ESC Ei1T.-. RW Imo: to. 1 , ,. 7 235 SKETCH OF DESCRIPTION LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA LOT 1 RUTZ 27th AVENUE SW RETAIL CENTER S8956'4 "E 17.44'. C-2 S B.513-1.251-V— aD1AL ( TELT ) 1 iztob 20 IL THIS MAP IS INTENDED TO g BE DISPLAYED AT A SoALE OF 1' =20OR SMALLER 27 26 N89°56%1,11 12.89' C.1 tu R=43150' A=15°09106" L"11.50 ca . C-2 F 74 R=31.00' A=34°0012" g a- L=10• 40' N89°56141'W SW CORNER OF 'BRADFORD PLACE" •P.S. 21, PG. 26 SOUTH LINE OF r-'13RADFORD PLACE' / PS. 21 PG. a BEGINNING poi NT OF POSTING IFUGHT-OFVAY 11.1 PER RIGHTOF WAYMAP P.B. 22, PG. 24 _ OSLO ROAD (COUNTY ROAD 606) A.KA. 9TH STREET SW ___—SOUTHi.NE OF SECTION 23-3349 • S 89°56%1" E 338.50 POINT OF COMMENCEMENT SWCORNER OF SECTION 23-3349 NoTe SEE -SHEET 1 OF 2 FDR DESC;RIFMON, SURvEYORS NOTES AND DERT1FWK)N. FUGHT•OF-WAY PER RIGHT OF WAY MAP PB. 2a PG, 24 THIS le NOTA SURVEY LEEEH I NI E I NI uni wow col a 7ain t.turoc• oo,YS1UPor, floODA 283-1413 ornotoAE IN MELBOURNE, PORT St UJOIE * *NO Of 1101111001/1. IFIXIIMIF. MIME PP ALOkevolte itrAuti' moroomm, 'mono* 111* 110/91110. MOW CIRAMATE ORLDOCS 13368037 2 BAND FAPAN3 OSLO ROAD duo 27TH AVENUE SW 1.40RESEVEGREES EASEMENT N WPMO�LWRAMA P= $O. jraov(!CD OMR i1Xc, 19. e FILE12120-02 SICT—OESO ESIET — tW lam f=2$ 1 liar 2 8 236 ORLDOCS 13368037 2 EXHIBIT "C" 9 237 EXHIBIT "C" RETURN TO: Bruce Barkett Collins, Brown, Caldwell 756 Beachland Boulevard Vero Beach, FL 32963 EASEMENT This Grant of Easement made and executed this day of _, 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27a' Street, Vero Beach, Florida 32960, hereinafter called "GRANTOR," to CUMBERLAND FARMS, INC., a Delaware corporation, the address of which is 100 Crossing Blvd., Framingham, Massachusetts 01702, hereinafter called "GRANTEE." "Whenever used herein, the terms GRANTOR and GRANTEE include the heirs, legal representatives, successors, and assigns of GRANTOR and GRANTEE, respectively." WITNESSETH: GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other consideration, receipt of which his hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE a perpetual right-of-way of access, use, ingress and egress by, on, over and across the follovCing described land, situate in Indian River County, Florida, to -wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the "Additional Easement Land") And GRANTOR hereby covenants with said GRANTEE that it ri is lawfully aly seized l a�� authority to Additional Easement Land in fee simple, and that it has goodP and convey the easement established hereby. The Additional Easement Land is contiguous- and adjacent to the -e) asement a reand corded 18inned2and id described within that certain Easement (the Official Records Book 2576, Page 557, and Official merit Records Book 512, Page 600, Public Records of Indian River County, Florida (the "Initial ORLDOCS 13366593 1 238 coon the Easement Land in comm' all forms of the Additional Eas red cess boundary boyund y of LotE shall be entitled to utilize improvements for ingress/egress the southern d maintain imp uses between The GRANTEE Land to install o ether with related to the plat thereof as oundar ofd the paved Initial of eERutz vehicular traffic, together according Corny, Florida, the pedestrian and a`� Avenue SW Retail Center Plat, River e benefit of Rutz 2 Records of Indian Easement is for the Easement and the lat 1 of the e 98 and 99, Public R This Grant of Eas der the Initial Book 2699, Page Road rigarty or onions of the ox paTtles benefitted by or GRANTEE together with the Pte' barricades or other ant Land• with the land.N o anted herein shall be Initial GrantEaseof �' running ement gr a covenantof the eas Grant Easement shall bean way limit the use This Gran measures that would in Y e� first preventive meas and seal the day and Y allowed. F the GRANTOR has herein set its hand IN 'WITNESS WHEREOF, above written. RIVER COUNTY> FLORIDA .1O COURT PIAN p COUNTY COMMISSIONERS ATTEST: CLERK OF BOARD JEFFREYCOMPTROLLER ER OD _._. Peter D. 0 Bryan Chairman Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney ORLDOCS 13356593 1 BCC approval date: The GRANTEE shall be entitled to utilize the Additional Easement Land in conjunction with the Initial Easement Land to install and maintain improvements for ingress/egress by all forms of pedestrian and vehicular traffic, together with related uses between the southern boundary of Lot I of the Rutz 27th Avenue SW Retail Center Plat, according to the plat thereof as recorded in Plat Book 2699, Page 98 and 99, Public Records of Indian River County, Florida, and the paved portions of the Oslo Road right-of-way. This Grant of Easement is for the benefit of the GRANTEE together with the party or parties benefitted by or under the Initial Easement and the Initial Easement Land. This Grant of Easement shall be a covenant running with the land. No barricades or other preventive measures that would in any way limit the use of the easement granted herein shall be allowed. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. AI LEST: JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Deputy Clerk Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency: BCC approval date: William K. DeBraal Deputy County Attorney ORLDOCS 13366593 1 239 EXHIBIT A - ADDITIONAL EASEMENT LAND (Page 1 of 2) LEGAL. DESCRIPTION TO ACCOMPANY SKETCH LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LEGAL DESCRIPTION: INDIAN RIVER COUNTY, FLORIDA A STRIP OF LAND LYING IN TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY. SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 33 SOUTH. RANGE 39 EAST; THENCE SOUTH 89'58'41" EAST, ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 338.56' FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST UNE OF "BRADFORD PLACE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDSOF INDIAN RIVER COUNTY; THENCE NORTH 00.19'63" EAST, ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 130.00' FEET TO AN INTERSECTION WITH THE SOUTHWEST CORNER OF SAID PLAT OF "BRADFORD PLACE" AND A UNE THAT IS 130.00 FEET NORTH OF AND PARALLEL WITH. AS MEASURED AT RIGHT ANGLES TO, THE SOUTH UNE OF SAID SECTION 23; THENCE NORTH 89.86'41" WEST. DEPARTING SAID SOUTHERLY PROLONGATION AND ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89'58'41" WEST, A DISTANCE OF 12.69 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 43.50 FEET AND WHOSE RADIUS POINT BEARS NORTH 68.3178" WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15'09'06" A DISTANCE OF 11.50 FEET; THENCE NORTH 00'19'53" EAST, A DISTANCE OF 42.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 31.00 FEET AND WHOSE RADIUS POINT BEARS SOUTH 83'0776" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF W00'32" A DISTANCE OF 18.40 FEET TO AN INTERSECTION WITH A LINE 200.00' FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH UNE OF SAID SECTION 23; THENCE SOUTH 89'56'41' EAST, ALONG SAID PARALLEL UNE, A DISTANCE OF 17.44 FEET; THENCE SOUTH 00°1913" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 70.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 23 AND THE POINT OF BEGINNING. CONTAINING: 757 SQUARE FEET OR 0,01738 ACRES, MORE OR LESS. LEGEND A.KA + ALSO KNOWN AS P.B. a PLAT BOOK PG. - PAGE SURVEYOR'S NOTES 1. THE BEARINGS SHOWN HEREON ARE ORM) BEAWNGS, FLORIDA EAST ZONE. TRANSVERSE MERCATOR PROJECTION. 1063/00 ADJUSTMENT AND ARE BASED UPON A BEARING DF NORTH OO.1/'63` EAST ALONG THE WEST UNE OF SAID PLAT OF 'BRADFORD PLACE'. 23-3349 P= SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST SAINT LUCIE COUNTY PUBLIC RECORDS 2. ALL RECORD DOCUMENTS ARE OF REFERENCE TO THE PUSUC RECORDS OF INDIAN RIVER COUNTY UNLESS OTHERWISE NOTED. 3. HO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RKNHTS•OF-WMY MINOR OWNERSHIP WERE FURNISHED TO THE SURVEYOR EXCEPT AS SHOWN HEREON. NO OPINION OF TITLE IS EXPRESSED OR EIPUEO. NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION. DESCRIPTION 1407 VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET OF 2 OF THIS DOCUMENT. THIS IS NOT A SURVEY SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELEF. THAT THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WATH THE'ASDIMUM TECHNICAL STANDARDS' FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 6J.17, FLORIDA ADMINISTRATIVE CODE. PURSUANT 70 SECTION 472.027, FLORIDA STA & STEVEN N. PROFESS! ' RVEYOR AND MAPPER FLORIDA •.' :E No. L8. owl MARCH 19, 2014 DATE OF SIGNATURE CREECH ENGINEERS. I4C CORPORATION CERTIFICATE OF AUTHORIZATION N0. LB 6706 NOT VALID WRTHOUT THE SIGNATURE ANO ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. R"-=- FE ENGINEI=FSS, IIJI J . 7101 9. WN WAY. STUMT. 7L0RWA 34117 (ny P 24} -H12 0104 MSO 11 11U80U1NL PORT SL UIP[ AND TALLAHASSEE R. HMO ei °MAMA 10 annum if Q,."""t aerie' ioa11I ORLDOCS 13366593 1 CUMBERLAND FARMS OSLO ROAD AND 27TH AVENUE SW INGRESS/EGRESS EASEMENT INDIAN RIVER COUta R,ORDA maw NO. 12120.02 1' ' TIMID 3-11-14 OATEDECt19. 201 CA D RIL 12120-02 BEST-OESC ESMT - Rw I1G4n WA 3877 m 2 240 EXHIBIT A - ADDITIONAL EASEMENT LAND (Page 2 of 2) SKETCH OF DESCRIPTION LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA LOT 1 RUTZ 27th AVENUE SW RETAIL CENTER �PB 26, PG. 98-99 S89°56'41"£ R 17.44'_ ( RIFEET) . iaah - 20 It. O 0 THIS MAP IS INTENDED TO BE DISPLAYED AT A SCALE cV OF 1" ■ 20' OR SMALLER W1 �z N N 22 123 27 26 C-1 N89°56'41"W 12.69' EXISTING RIGHT-OF-WAY PER RIGHT OF WAY MAP P.B. 22, PG. 24 OSLO ROAD (COUNTY ROAD 606) A.K.A. 9TH STREET SW ..y. u. • 0 wa C-1 R=43.50' A=15°09'06" L=11.50' C-2 R=31.00' A=34°00'32" L=18.40' 11 SW CORNER OF 'BRADFORD PLACE' rP.B.21, P0.28 N89°56'41 "W 30.00' POINT OF BEGINNING _A. -SOUTH LINE OF SECTION 23-33-39 S 89°56'41" E 336.56' POINT OF COMMENCEMENT SW CORNER OF SECTION 23-33-39 NOTE SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYORS NOTES AND CERTIFICATION. 8 F Wb r J SOUTH LINE OF "BRADFORD PLACE" / P.B. 21, PG. 28 EXISTING RIGHT -OF WAY PER RIGNT OF WAY MAP P.B. 22, PG. 24 THIS IS NOT A SURVEY CREELH ENG IN EEEFZS, %.11.4 CP .. r1 CP ICNOIN Peso 7181 6WL MP= BAT, SWART, PUMA 349g7 263-1413 OM= ASO 04 YFUOURRE PORT ST, 4110E ANO TNb M S! 41- 4°1N w /11I1R8°I4L Mw�w, mtRg4x W w°I°RI110. *4W I4 nv®YL s.WI Ai 1M�110 WwM.1 tIp IF -WWW. CtA►ABERLAND FARMS OSLO ROAD AND 27TH AVENUE SW INGRESS/E{#RESS EASEMENT MEAN FIIVIZR FLORIDA PROIEC= 1401 12120.02 -0A70 3.12.14 offitDEOL10. sosi 0'00 81812120-02 54 T-0ESC EST - 911I WAD 1''.74' PST 2 Cr 2 ORLDOCS 13366593 1 241 RETURN TO: Bruce Barkett Collins, Brown, Caldwell 756 Beachland Boulevard Vero Beach, FL 32963 EASEMENT This Grant of Easement made and executed this day of , 2014, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27`h Street, Vero Beach, Florida 32960, hereinafter called "GRANTOR," to CUMBERLAND FARMS, INC., a Delaware corporation, the address of which is 100 Crossing Blvd., Framingham, Massachusetts 01702, hereinafter called "GRANTEE." "Whenever used herein, the terms GRANTOR and GRANTEE include the heirs, legal representatives, successors, and assigns of GRANTOR and GRANTEE, respectively." WITNESSETH: GRANTOR, for and in consideration of the sum of ONE DOLLAR ($1.00) and other consideration, receipt of which his hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto GRANTEE a perpetual right-of-way of access, use, ingress and egress by, on, over and across the following described land, situate in Indian River County, Florida, to -wit: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF (the "Additional Easement Land") And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the Additional Easement Land in fee simple, and that it has good right and Lawful authority to convey the easement established hereby. The Additional Easement Land is contiguous and adjacent to the easement land contained and described within that certain Easement (the "Initial Easement") recorded May 18, 2012 in Official Records Book 2576, Page 557, and Official Records Book 512, Page 600, Public Records of Indian River County, Florida (the "Initial Easement Land"). ORLDOCS 13366593 1 242 The GRANTEE shall be entitled to utilize the Additional Easement Land in conjunction with the Initial Easement Land to install and maintain improvements for ingress/egress by all forms of pedestrian and vehicular traffic, together with related uses between the southern boundary of Lot 1 of the Rutz 27th Avenue SW Retail Center Plat, according to the plat thereof as recorded in Plat Book 2699, Page 98 and 99, Public Records of Indian River County, Florida, and the paved portions of the Oslo Road right-of-way. This Grant of Easement is for the benefit of the GRANTEE together with the party or parties benefitted by or under the Initial Easement and the Initial Easement Land. This Grant of Easement shall be a covenant running with the land. No barricades or other preventive measures that would in any way limit the use of the easement granted herein shall be allowed. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. ATTEST: JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Deputy Clerk Peter D. O'Bryan, Chairman Approved as to form and legal sufficiency: William K. DeBraal Deputy County Attorney ORLDOCS 13366593 1 BCC approval date: 243 EXHIBIT A - ADDITIONAL EASEMENT LAND (Page I of 2) LEGAL. DESCRIPTION TO ACCOMPANY SKETCH LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, LEGAL DESCRIPTION: INDIAN RIVER COUNTY, FLORIDA A STRIP OF LAND LYING IN TRACT 13, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PLAT OF INDIAN RIVER FARMS COMPANY SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF SAINT LUCIE COUNTY, SAID LANDS NOW LYING IN INDIAN RIVER COUNTY, FLORIDA, BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89.56'41" EAST, ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 336.58' FEET TO AN INTERSECTION WITH THE SOUTHERLY PROLONGATION OF THE WEST LINE OF "BRADFORD PLACE", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 21, PAGE 28 OF THE PUBLIC RECORDSOF INDIAN RIVER COUNTY, THENCE NORTH 00°19'53" EAST, ALONG SAID SOUTHERLY PROLONGATION, A DISTANCE OF 130.00' FEET TO AN INTERSECTION WITH THE SOU THWEST "BRADFORD PLACE" AND A LINE THAT IS 130.00 FEET NORTH OF AND PARALLEL WITTOH AS MEEAST OF URED AT RIGHT ANGLES TO, THE SOUTH LINE OF SAID SECTION 23; THENCE NORTH 89°56'41" WEST, DEPARTING SAID SOUTHERLY PROLONGATION AND ALONG SAID PARALLEL LINE, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°58'41" WEST, A DISTANCE OF 12.89 FEET 70 THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 43.50 FEET AND WHOSE RADIUS POINT BEARS NORTH 68.31'28" WEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°09'06" A DISTANCE OF 11.50 FEET; THENCE NORTH 0019'53" EAST, A DISTANCE OF 42.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 31.00 FEET AND WHOSE RADIUS POINT BEARS SOUTH 83°07'25" WEST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34.00'32" A DISTANCE OF 18.40 FEET TO AN INTERSECTION WITH A LINE 200.00' FEET NORTH OF AND PARALLEL WITH, AS MEASURED AT RIGHT ANGLES 70, THE SOUTH LINE OF SAID SECTION 23; THENCE SOUTH 89°5841" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 17.44 FEET; THENCE SOUTH 0019'53" WEST, DEPARTING SAID PARALLEL LINE, A DISTANCE OF 70.00 FEET TO AN INTERSECTION WITH A LINE 130.00 FEET NORTH OF AND PARALLEL, WITH THE SOUTH UNE OF SAID SECTION 23 AND THE POINT OF BEGINNING, CONTAINING: 757 SQUARE FEET OR 0.01738 ACRES, MORE OR LESS. J� LEGEND AKA -ALSOKNOWNAS 23-33-39 P.B. • PLAT BOOK PO. - PAGE SURVEYOR'S NOTES S.L.C.P.R 1. THE BEARINGS SHOWN HEREON ARE GRID BEARINGS, FLORIDA EAST ZONE, TRANSVERSE MERCATOR PROJECTION, 1883100 ADJUSTMENT AND ARE BASED UPON A BEARING OF NORTH 00'19'53 EAST ALONG THE WEST LINE OF SAID PLAT OF 'BRADFORD PLACE". 2. ALL RECORD DOCUMENTS ARE OF REFERENCE TO THE PUBLIC RECORDS OF INDIAN! RIVER COUNTY UNLESS OTHERWISE NOTED. 2. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS. RIGHTS-OF-WAYANINOR OWNERSHIP WERE FURNISHED TO THE SURVEYOR EXCEPT AS SHOWN HEREON, NO OPINION OF TITLE I3 EXPRESSED OR IMPLIED. NOTE: SEE SHEET 2 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2 OF THIS DOCUMENT. THIS IS NOT A SURVEY • SECTION 23, TOWNSHIP 33 SOUTH. RANGE 39 EAST • SAINT LUCIE COUNTY PUBLIC RECORDS SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT THE SKETCH AND DESCRpTION SHOWN HEREON WAS PREPARED IN ACCORCANCE WITH THEINNIMUM TECHNICAL STANDARDS" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 6J47. FLORIDA ADMINISTRATIVE CODE, PURSUANT 70 8ECTION 472.027, FLORIDA STATU STEVEN N. PROFESSIO URVEYOR AND MAPPER FLORIDA SE P40. LS. 6841 CREECH ENGINEERS. INC CORPORATION CERTIFICATE OFAUTHORRATION NE LB 6705 NOT VALID WITHOUT THE SIGNATURE AND OR(GJNAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. MARCH 19, 2014 DATE OF SIGNATURE RFFCI ENGINEE=RS, INC CA VI LI=^T Ors! IN GIN! t 7551 S.M. AUPSE WAY, S1UAIT, ILORDA 34917 (772)p}lCo 417 d77CE5 A150 H 4ELJIXIRNE, PORT ST. WCIE MID TALLAHASSEE EL Www Me006.0114 1.015.3001. IMMYp f datum QINIGR K MIMCCL IW CR !IM IMPRIK NAN= Q11HII4R N H4 4-A00°TM ORLDOCS 13366593 I CUMBERLAND FARMS OSLO ROAD AND 27114 AVENUE SW INGRESS/EGRESS EASEMENT - ;II FRO,EC7 NQ LII t • RI A,• 244 EXHIBIT A - ADDITIONAL EASEMENT LAND (Page 2 of 2) SKETCH OF DESCRIPTION LYING IN SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA LOT 1 RUTZ 27th AVENUE SW RETAIL CENTER PB 28, PG. 98-99 S89°56'41"E 17.44'_ OInani z° C-2 �, °' S 83Rp DIAL W / 0 A6w ��ti 0 2 d Ct U �/ ug/ ifl. el . o J 41 CD 2N ` Z CO Qom/ -o N� ( IN FEET) a al %3 g g a 1 lnnh = 20 !t. o O O Z THIS MAP IS INTENDED TO DISPLAYED ATASCALE �I N88•� 'i BE OF 1" = 20' OR SMALLER �r�8"T J.L N89°56'41 `W 30.00' POINT OF BEGINNING N89°56'41" W 12.69' EXISTING RIGHT-OF-WAY PER RIGHT OF WAY MAP P.B. 22, PG, 24 I J tz�u. , OSLO ROAD (COUNTY ROAD 606) a, A.K.A. 9TH STREET SW 22 23 _17-- .....--SOUTH LINE OF SECTION 23-33-39 • — S 89°56'41" E 336.56' 27 I\26 POINT OF COMMENCEMENT SW CORNER OF SECTION 23-33-39 NOTE; SEE SHEET 1 OF 2 FOR DESCRIPTION, SURVEYOR'S NOTES AND CERTFICATJON. om wa z C-1 R=43.50' &=15°09'06" L=11.50' C-2 R=31.00' A=34°00'32" L=18.40' / SW CORNER OF 'BRADFORD PLACE' �—P.B. 21, PG. 28 '53"E 130.00' SOUTH LINE OF BRADFORD PLACE' P.B. 21, PG. 28 EXISTING RIGHT-OF-WAY PER RIGHT OF WAY MAP P.13. 22, PG. 24 THIS IS NOT A SURVEY IRbFLI 1 ENGINF2.S, INC. 4.1 ,01 1...11 i"TION CN OIN Imo iC 71110 $.N. E.DASE WAY, STUART, FLORIDA 34147 (7722 213-1413 OFPIOW AL -D N YdroursoE, PORT rt. WCIE AMD TALLAHASSEE IL `EIM 6 NUMMI POH OM IMMO�liMO OMMI SAW LO—OOMM ORLDOCS 13366593 1 CUMBERLAND FARMS OSLO ROAD AND 27TH AVENUE SW INGRESS/EGRESS EA8EMENpT' INDIP THR 12120.02 RlyER IIA 3-1F-14 DAR:0Ec1y, 201 J 2 CAM RC 12120-02 SKT—OESC ESMT — RN1 ecut' e.20, 4e> T 2 °i 245 Office of Attorney's Matters April 8, 2014 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 THROUGH: Roland DeBlois, Chief Environmental Planner FROM: William K. DeBraal, Deputy County Attorney DATE: March 28, 2014 SUBJECT: Block Property Conveyance to the Indian River Land Trust At its meeting of June 11, 2013, the Board of County Commissioners approved accepting two parcels of property commonly known as the Block Property, from the St. Johns River Water Management District, for conveyance to the Indian River Land Trust. The Land Trust will pay the County $85,743.09 for the property, and in turn, the County will pay this amount to St. Johns as compensation for the property. The County is acting as a middle man in this arrangement because St. Johns can sell the property to the County for the original purchase price St. John's paid for the parcels plus the cost of surveying, insurance and environmental site assessments. The County can then convey the property to the Land Trust without public bidding as permitted by FS 125.38. This statute allows the County to convey property to a not-for-profit organization (like the Land Trust) if a community interest is promoted. The attached resolution approving the conveyance satisfies this requirement. For a complete history of the conveyance, please see the staff report dated June 3, 2013 attached to this memorandum. The conveyances will take place as follows: • The District has executed a Quit -Claim Deed to the County and is holding that deed in escrow; • The County will approve and sign the Perpetual Conservation Easement (attached) and send it to the District; 246 Block Property Conveyance to the Indian River Land Trust April 2, 2014 Page 12 • In advance of the conveyance from St. Johns to the County, the Land Trust will have wired the County $85,743.09 for the purchase price of the Block Property; • The County will wire to the District $85,743.09, which represents the purchase price as outlined in the memorandum to the District's Governing Board (copy attached); • The District will mail the original Quit Claim Deed and original Conservation Easement to the Indian River County Clerk of Courts for recording, along with a check for the recording fees; • When the District receives the original documents back from the Clerk, the original, recorded Quit Claim Deed and a copy of the recorded Conservation Easement will be mailed to the County. The District will retain the original, recorded Conservation Easement; and • The County will convey, by County Deed, the Block Property to the Land Trust. St. Johns will continue to have the right to enforce the terms of the Conservation Easement in perpetuity. There is also a reverter clause in the deed from St. Johns to the County (a similar clause is in the deed from the County to the Land Trust) which states that if the terms of the Conservation Easement are not being observed, then ownership of the land will convert back to St. Johns. The County will have the same authority to act by virtue of its reverter clause in the deed to the Land Trust. The Indian River Mosquito Control District has a Cooperative Agreement for impoundment restoration over a portion of the Block Property. That 50 year agreement, signed in March 2004, will continue to be in full force and effect. The Conservation Easement has a provision that calls for St. Johns to consent to any transfer of any portion of the Block Property to another party. The County will receive a letter from the Executive Director of St. Johns acknowledging and approving the transfer of the Property from the County to the Land Trust. Following the completion of the transfers, the Land Trust will assume management of the Property in conjunction with two adjacent parcels currently owned and managed by the Land Trust. Funding. The property conveyances will be paid for with Land Trust funds. No County funds will be spent as a result of the conveyances. Recommendation. Staff recommends the Board accept and approve the Conservation Easement, accept and approve the Quit Claim Deed from St. Johns, approve the County deed to the Land Trust, and authorize the Chairman to execute these and any other documents necessary to complete the conveyances. Attachments: Resolution Approving Transfer Conservation Easement Quit Claim Deed to County County Deed to Land Trust Memo to St. Johns Governing Board Memo to BCC of June 3, 2013 Assignment of Maintenance 247 RESOLUTION NO. 2014 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE SALE OF THE BLOCK PROPERTY IS IN THE BEST INTERESTS OF THE CITIZENS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, the County acquired the 32 acre Block Property consisting of two parcels of property located on the western shore of the Indian River Lagoon adjacent to Hobart Landing subdivision and 79th Street in Indian River County; and WHEREAS, the County acquired the Block Property from the St. Johns River Water Management District after the District declared the property to be surplus; and WHEREAS, it was the intention of St. Johns to convey the Block Property to the County and in turn, the County would convey the Block Property to the Indian River Land Trust, Inc. (Land Trust). The Land Trust will pay to the County $85,743.09 for the Block Property and the County, will in turn, pay that sum to St. Johns; and WHEREAS, the Block Property contains estuarine wetlands and a portion of a mosquito impoundment and is located directly adjacent to property owned and managed by the Indian River Land Trust; and WHEREAS the Land Trust has requested the Board of County Commissioners convey the Block Property to the Land Trust for use in combination with its adjacent property for passive recreation and conservation activities open to the public; and WHEREAS, the Land Trust will maintain the Block Property and associated improvements; and WHEREAS, the Board of County Commissioners finds that such a use of County property promotes the County interests and welfare; and WHEREAS, the Land Trust is organized to promote the preservation, conservation and improvement of Indian River County's natural resources and special places for the benefit of the general public and future generations. The Land Trust is a charitable Florida non-profit corporation and educational entity for purposes set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; WHEREAS, the County has no use for the Block Property and does not desire to maintain the property; and WHEREAS, it is in the best interest of the health, safety and welfare of citizens of Indian River County to sell this property to the Land Trust; and NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1 248 RESOLUTION NO. 2014 - 1. The Board finds that the Land Trust has made application as required by Florida Statutes section 125.38 for purchase of the Block Property; 2. The property subject to the sale shall be used for passive recreation and conservation purposes and shall be open to all Indian River County residents and the Land Trust will maintain the Block Property and associated improvements pursuant to the Conservation Easement encumbering the property; 3. The Board approves, and authorizes the Chairman to execute a County Deed conveying the Block Property to the Land Trust described in Exhibit "A" attached; 4. The Land Trust will pay to the County $85,743.09 for the Block Property and the County, will in turn, pay that sum to St. Johns. 5. The conveyance is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01 This resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of , 2014. INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners By Peter D. O'Bryan, Chairman Approved as to form and legal Attest: f the Jeffrey R. Court and Comptroller lerk sufficiency: illiam K. DeBraal Deputy County Attorney By Deputy Clerk 2 249 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 The South One Half of the North 40 rods .of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 39 East, uss the West 312.96 feet thereof. Said . land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. The above Parcel 1 being more particulaly described as follows: Begin at the Northwest corner of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' E, along the North Line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit 1 as recorded in Plat Book 7, page 45 of the Public Records of Indian River County, Florida and the North. line of Hobart Landing Unit 2, as recorded in Plat Book 7, page 46 of the Public Records of Indian. River County, Florida, a -distance of 194644 feet to the approximate mean high water line of the Indian River thence along said approximate mean high water line the following 4 courses; (1) N 54° 11' 39" W a distance of 204.41 feet; (2) thence N 34° 03' 22" W a distance of 89.23 feet; (3) thence N 30° 30' 07" W a distance of 75.32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N line of the South of the North 40 rods of the South 60 rods of Government Lot 3 of Section 34, ToWnship 31 South, Range 39 East; thence S 89° 56' 27" W along said North line of the South 1/2 a distance of 1985.58 feet to the East line of West 312.96 feet of said South IA; thenceS 00° 58' 27"W along said East like a distance of 330.05 feet to the South line of said South Y2; thence N 89° 56 27" E akmg said South line a distance of 346.39 feet to the Point of Beginning TOQETHER WITH an easement for ingress and egress over the South 60 feet of the West312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. PARCEL 2 Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 90 degrees 00 minutes 00 seconds West along the South 250 line of Township 31 South, a distance of 49.86 feet; thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77°i Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 19 minutes 48 seconds East along said West right of way a distance of 393.77 feet to the POINT OF .BEGINNING; thence leaving said West right of way run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet; thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 59 minutes 30 seconds East along said North line a distance of 981.63 feet to a point on the West right of way of Indian River Boulevard; said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09 .feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence nin South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street; thence run South 00 degrees 19 minutes 48 seconds West along said West right of way a distance of 284.25 feet to the POINT OF BEGINNING. The above Parcell being more particularly described as follows; Commencing at the Southwest comer of Government Lot 4, Section 34, Township 31 South, Range 39 Fast, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet thence nm North 00 degrees 15 minutes 17 seconds East a.distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said poird also :being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records nook 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15minutes17 seconds Bast along said West right of way a distance of 393.71 feet to the POINT OF BEGINNING; thence leaving said West right of way run North 24 degrees -41 minutes 21 seconds West a distance of 648.96 feet; thence run North 00 degrees 14 minutes 56 seconds Bast a distance of 323.03 feet to a point on the North line of Gove Dmeitt Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 55 minutes 01 seconds East along said North :line a .distance of 981.51 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 12 minutes 04 seconds East along said right of way a distance of 674.17 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 55 minuted 03 seconds west gong said North right of way a distance of 954.39 feet to a point on the Wiest right of way of said York Street; thence run South 00 degrees 15 minutes 17 seconds West along said West night of way a distance of 284.17 feet to the POINT OF BEGINNING. 251 PREPARED BY AND RETURN TO: William Abrams, Esq. St. Johns River Water Management District 4049 Reid Street 1 Highway 100 West Palatka, FL 32177 This document constitutes a conveyance from a state agency or instrumentality to an agency of the state and is not subject to documentary stamp tax pursuant to 12B•4.014(10), F.A.C. PERPETUAL CONSERVATION EASEMENT THIS INDENTURE, made and entered into this day of , 2014, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27t' Street, Vero Beach, Florida 32960 (hereinafter referred to as the "Grantor") and the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, whose address is Post Office Box 1429, Palatka, Florida 32178-1429 (hereinafter referred to as the "Grantee"). WITNESSETH: WHEREAS, the Grantor is the owner in fee simple of certain real property lying and being situated in Indian River County, Florida, more specifically described in Exhibit "A," attached hereto and incorporated herein: by reference (hereinafter referred to as the "Property"); and, WHEREAS, the Property was donated to Grantor by Grantee pursuant to the Grantee's 2012 Lands Assessment Implementation Plan adopted by Grantee's Governing Board in December 2012; and WHEREAS, the Grantor and the Grantee mutually recognize the natural, scenic and special character of the Property and have the common purpose of conserving the natural value and character of the Property by conveyance to the Grantee of a Perpetual Conservation Easement (hereinafter referred to as the "Easement") on, over and across the Property, which shall conserve the ecological and hydrological integrity of the Property, conserve and protect the animal and plant populations on the Property, and :prohibit certain further development activity on the Property. NOW, THEREFORE, the Grantor, in consideration of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged, hereby voluntarily grants and conveys to the Grantee and its successors and assigns forever this Easement pursuant to Section 704.06, Florida Statutes, on, over, upon, and across the Property of the nature, character, and extent hereinafter set forth. 252 I PURPOSE OF THE EASEMENT. The purpose of this Easement is to foster, preserve and protect, in perpetuity, the ecological, biological and hydrological integrity of the Property, including the Property's natural features, water resource benefits, cultural attributes, wildlife and plant life features, and recreational values, and to prevent any development or other use of the Property that interferes with the accomplishment of these purposes. II. PROHIBITIONS. AND RESTRICTIONS ON USE. Any activity on or use of the Property inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited; provided, however, that uses expressly authorized under a Management Plan approved by the Grantee, as described in Section VII below ("Management Plan"), are not prohibited: L Use Except as may be expressly allowed under Section Iii herein, no commercial, residential, agricultural or industrial activity shall be undertaken or allowed on the Property, nor shall any right of passage across or upon the Property be allowed or granted if that right of passage is used in conjunction with said activities. 2. toads, Except as may be expressly allowed under Section III herein, no additional roads nor paving of existing roads is allowed. 3. Waters. No topographical or hydrological modifications or activities detrimental to water quality or quantity shall be allowed, except that Grantor may maintain existing culverts and ditches on the Property, as identified in the Easement Documentation Report described in Section VI below ("Easement Documentation Report"). Grantor may, subject to applicable permitting processes, install wells for the activities allowed under this Easement. However, there shall be no commercial water wells on the Property. 4. Drainage and Wildlife. There shall be no activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. 5. Improved Pasture and Sod. There shall be no areas of improved pasture on the Property. There shall be no production or harvesting of sod on the Property. 6. Construction and Fences, Except as may be expressly allowed under this Easement, there shall not be any construction of or the placing of buildings, mobile homes, utilities, infrastructure, roads or other structures on, under, or above the ground. The type of construction and placement of fences shall be set forth in the Management Plan. 2 253 7. Dumpine. There shall be no dumping or placing of trash, solid or liquid waste (including sludge material and biowaste), or hazardous materials, wastes or substances, toxic waste or substances, pollutants or contaminants, or unsightly or offensive materials, including but not limited to those as defined by the Federal Solid Waste Disposal Act ("SWDA"), the Federal Clean Air Act ("CAA"), the Federal Clean Water Act ("CWA"), the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Federal Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Federal Emergency Planning and Community Right -To -Know Act (' EPCRA"), the Federal Insecticide, Fungicide and Rodenticide Act ("FORA"), the Toxic Substances Control Act ("TSCA"), Chapters 161, 253, 373, 376, and 403, Florida Statutes, and the rules and regulations of the (i) United States Environmental Protection Agency, (ii) the. Florida Department of Environmental Protection, and (iii) the St. Johns River Water Management District, now or at any time hereafter in effect, or any Florida Statute defining hazardous materials, wastes or substances, toxic wastes or substances, pollutants or contaminants (hereinafter collectively referred to as "Contaminants") on the Property. This prohibition shall not be construed to include customary lawful accumulation of agricultural waste generated as a result of allowed activities under Section TII nor prohibit the use and lawful application of chemicals, pesticides, herbicides or fertilizers, dirt, soil, rock, shell and other materials in accordance with the activities allowed under this Easement. 8. Concentrated Animal Feeding Operations. There shall be no concentrated animal feeding areas for bovine, swine, poultry or other animals on the Property. 9. Invasive Exotic Species. Grantor shall not plant, nor take any action to intentionally encourage the spread of,.Invasive Exotic Species on the Property, and shall use best efforts to control the spread of any Invasive Exotic Species on the Property. Invasive Exotic Species shall mean those invasive exotic plants described in Category I or Categoryll of the Florida Exotic Pest Plant Council's (or its successor's) list of Invasive Species, as it is periodically updated 10. Pesticides. Herbicides and Fertilizer. Pesticides, herbicides, and fertilizer must be applied in accordance with manufacturer's label instructions, and such use shall be included in the Management Plan described in Section VIE below. All such applications shall further be subject to any applicable .permitting process, and shall be in accordance with Best Management Practices ("BMPs"), described in Section V below, 11. Mining, _Excavation. Filling and Dredging. Except as otherwise allowed under Section IIT of this Easement, there shall be no mining, drilling, excavation, filling or dredging on the Property. Under no circumstance shall there be any exploration for or extraction of oil or gas (including all petroleum or 3 254 hydrocarbons), sand, loam, peat, gravel, phosphate, rock, soil, or other surface or subsurface material for commercial purposes. Grantor is not precluded from selling soil that is removed from the Property in the accomplishment of an authorized restoration or enhancement activity provided for under Section III herein, provided said sale is a component of the approved activity and the proceeds of said sale are dedicated to the management or restoration of the Property. 12. Commercial Signs or Billboards. Except for signs identifying the Property or the allowed activities thereon, or regulatory signs such as "No Hunting" and "No Trespassing", there shall be no commercial signs or billboards, temporary or permanent, constructed, placed or maintained upon the Property. 13. Conversion of Special Protection Areas. Areas identified in the Easement Documentation Report as Special Protection Areas shall not be converted to other land uses or more improved uses. 14. Historical, Archaeologic i and Cultural Resources. There shall be no acts or uses of the Property inconsistent with the "Management Procedures for Archaeological and Historical Sites and Properties on State -Owned or Controlled Properties, 2013", as may be revised from time to time. As of the date of this Easement, no sites are listed in the Florida Division of Historical Resources Master Site File for the Property. 15. Sale and Subdivision. There shall be no direct or indirect subdivision of the Property. Also, Grantor shall not transfer or convey title to the Property without the prior written consent of Grantee. 16. Mosquito Impoundment. The Mosquito Impoundment identified in the Easement Documentation Report shall be managed by the Indian River Mosquito Control District substantially in accordance with the terms of the 2004 Cooperative Agreement for Impoundment Restoration Projects in Indian River County between the Grantee and the Indian River Mosquito Control District (Agreement attached hereto as Exhibit "C"). Because Grantee is no longer the fee owner of the Property, Grantor agrees to enter into a similar agreement with the Indian River Mosquito Control District to provide for management of the impoundment. III. RIGHTS RF.,SERVED TO GRANTOR,, Grantor reserves unto itself, its successors and assigns, all rights accruing from its ownership of the Property that are not inconsistent with the purposes of this Easement. Grantor's reserved rights include the right to engage in or permit or invite others to engage in all uses of the Property that: (a) are not expressly prohibited herein; (b) are expressly provided for in the Management Plan, and (c) follow Best Management Practices, as described in Section V.16 herein ("BMPs"), and (d) include the following reserved rights: 4 255 1. Fee Simple Title. Grantor has, and shall be deemed hereby to have retained, the underlying fee simple title absolute in the Property. Further Grantor retains and reserves all rights of, in, and to the Property not expitssly prohibited to Grantor in this Easement or expressly conveyed to Grantee in this Easement. 2. ,Sale or Lease of Property. Grantor shall have the right to sell or lease the Property provided that prior written consent is received from Grantee. Grantor shall provide to Grantee within 10 days of any sale or conveyance of any interest in the Property a copy of the fully executed and recorded instrument of conveyance. 3. Roads. Trails and Firebreaks. Grantor may maintain the existing trails on the Property, as identified in the Easement Documentation Report. Grantor may construct new trails and unpaved roads to access structures and facilities set forth in the Management Plan. When siting such new trails or roads, Grantor agrees to use a practicable direct route that does not otherwise violate the terms of this Easement. Road construction may include ancillary ditches, culverts and crossings, provided there is no detrimental alteration of hydrology. Typical construction and maintenance activities may include disking, plowing, grading., excavating and the application of clay, gravel, shell or other like material. Grantor may maintain existing fire lines and breaks, as well as plow new fire lines and breaks as reasonably required for fire prevention and/or control. All such construction and maintenance shall be subject to any applicable permitting process, shall be included within the Management Plan, and shall be in accordance with the applicable Best Management Practices ('BMP's" as described in Section V.16 herein). Unless included in the approved Management Plan or identified in the .Easement Documentation Report, there shall be no paving with impervious surfaces. 4. Structures and Surfaces. a. Structures. Facilities and Wells. Grantor reserves the right to repair and replace in its existing footprint the bridge located on the Property and identified in the Easement Documentation Report. Grantor is allowed to construct the structures and facilities provided for in the Management Plan. Grantor may, subject to applicable permitting processes, install wells for the structures and activities allowed under this Easement. b. Impervious Surfaces. The structures and facilities identified in the Management Plan are the only areas of impervious surface that may exist on the Property. 5. Silviculture. a. Grantor shall have the right to conduct silviculture operations and tiniber harvest on the Property only in the upland areas, provided BMPs are followed, plantings are in native or indigenous vegetation that is appropriate for 5 256 the habitat, bedding is excluded, and operations and harvest plans are described in the Management Plan. b. $alvaae Harvesting. Salvage harvesting following natural disasters, including but not limited to insect infestations, floods, drought, stones, plant disease, or wildfires, shall be allowed in all areas of the Property in accordance with applicable BMPs. Following such disaster, all site preparation and re- establishment activities will be conducted according to BMPs. However, Grantor is not required to re-establish areas following natural disasters. 6. Agricultural Operations. Grantor shall have the right to continue the apiary operations in place on the Property at the time of closing, as shown in the Easement Documentation Report. 7. Resource-based Recreation and Non-native or Nuisance Animals. Grantor reserves the right for itself and the public to use the Property for resource- based recreational activities, including, but not limited to, fishing, horseback riding, swimming, camping, hiking, bicycling, boating, and birding, to the extent possible considering the environmental sensitivity of the Property, and (i) said activities are in compliance with section 373.1391, Florida Statutes, (ii) said activities are included in the Management Plan, and (iii) said activities do not interfere with the accomplishment of the purposes of this Easement. Grantor reserves the right to control nuisance or non-native animals. All of the foregoing activities shall be conducted in compliance with applicable federal, state and local laws. 8. Access. Grantor retains the right to control and limit all access to the Property subject to the Grantee's right of access as herein granted. 9. Restoration and Enhancement. Grantor shall retain the right to engage in activities on the Property designed to enhance or restore the natural communities on the Property, provided Grantee is notified in writing prior to the commencement of such activities, and provided such activities are properly permitted by the appropriate authority and are described jt the Management Plan. 10. Quiet Use and Eniovmetzt. Grantor retains all rights and use of the Property not otherwise prohibited by the express terms of this Easement, including all rights of possession and quiet use and enjoyment. IV. GRANTEE'S AFFIRMATIVE RIGHTS. Subject to the rights and interests of Grantor herein reserved, Grantor gives, grants and conveys the following affirmative rights to Grantee: 1. Grantee shall have visual and physical access to the Property for the purposes of: 6 257 a. inspection, monitoring, and enforcement of the terms and conditions of this Easement, including, but not limited to, the prohibitions and restrictions on use set forth in Section 11, supra.; and b. scientific investigation and to monitor water resources on the Property, including the right to install wells and monitoring equipment. Grantee shall furnish Grantor with reasonable advance notice of any physical access to or inspection of the Property. 2. As provided in Section V below, Grantee shall have the right to enforce, by proceedings at law or in equity, compliance with this Easement, including, but not limited to, the right to require restoration by Grantor of the Property to the pre -violation condition. 3. Grantor acknowledges and agrees that all development rights that are now or hereafter allocated to, implied, reserved, or inherent in the Property, except as may be specifically reserved to the Grantor in this Easement, are hereby irrevocably transferred to the Grantee. Neither the Property nor any portion thereof may be included as part of the gross area of other property not subject to this Easement for the purposes of determining density, lot coverage, or open space requirements, under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been transferred by this Easement shall be transferred to any other land pursuant to a transferable development rights scheme or cluster development arrangement or otherwise. Nor shall any development rights or density credits be transferred onto the Property from other property. V. GENERAL PROVISIONS. 1. Grantee's Remedies. In the event that Grantee becomes aware of a violation of the terms of this Easement, Grantee shall give notice to Grantor in accordance with the notice provisions of this Section. Failure by Grantor to cause discontinuance, abatement, or such other corrective action as is required to cure the violation within thirty (30) days after receipt of such notice shall entitle Grantee to bring an action at' law or in equity before a court of competent jurisdiction to: (1) enforce the terms of this Easement; (ii) require the restoration of the Property to the condition that existed prior to such activity; (iii) recover liquidated damages in lieu of restoration of harvested sod or timber, and in the event Grantor harvests or causes to be harvested sod or timber in violation of this Easement, Grantor stipulates to liquidated damages for such violation in an amount equal to four hundred percent (400%) of the then fair market value of the harvested sod or timber, provided, however, nothing herein shall be construed to alter or waive Grantee's right to seek restoration of any portions of the Property altered in violation of this Easement; (iv) enjoin such noncompliance by a temporary or permanent injunction in a court of competent jurisdiction; (v) seek a mandatory injunction in a court of competent jurisdiction to compel Grantor to take such 7 258 corrective action as required to remedy the violation; (vi) recover any damages arising from noncompliance with this Easement; and/or (vii) invoke its fee reverter rights, as provided for in the deed of conveyance from Grantee to Grantor, recorded immediately preceding this Easement in the Official Records of Indian River County, Florida, whereby Grantee has the option of requiring Grantor to return to Grantee all right, title and interest in the Property if the terms of the Easement are violated by Grantor. Damages arising from noncompliance with this Easement, when recovered, may be applied by Grantee, in its sole discretion, to corrective action on the Property a. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this paragraph without prior notice to Grantor or without waiting for the period for cure to expire; provided, however, that Grantee shall provide notice to Grantor of the violation and Grantee's actions to prevent or mitigate said damage at the earliest feasible time. b. Grantee does not waive or forfeit the right to take such action as may be necessary to ensure compliance with this Easement by any prior failure to act and Grantor hereby waives any defenses of laches with respect to any delay by Grantee in acting to enforce any restriction or exercise any rights under this Easement. c. Nothing herein shall be construed to entitle Grantee to institute any enforcement proceedings against Grantor for any changes to the Property or plant or animal life thereon due to causes beyond Grantor's control, such as, without limitation, changes caused by fire, flood, storm, earthquake, major plant or animal disease, acts of God, or the unauthorized wrongful acts of third persons. In the event of violations of this Easement caused by wrongful acts of unauthorized persons, if Grantee requests, Grantor agrees to assign such right of action to Grantee, to join in any suit and/or to appoint Grantee as attorney-in-fact of Grantor for the purposes of pursuing an action against such third person. 2. Recordation,. Grantee shall record this Easement in the Official Records of Indian River County, Florida, and provide the Grantor with a copy of the Easement with recording information affixed thereto within thirty (30) days of the date hereof. Grantee may re-record this Easement at any time Grantee may so require to preserve its rights. Grantee shall pay all recording costs necessary to record this Easement in the public records. 3. Taxes and Assessments. Grantor agrees to pay when due any real estate taxes or other assessments levied on the Property. Upon request of Grantee, Grantor shall furnish to Grantee timely proof of such payment. In the event that Grantor fails to pay any tax or assessment on the Property when due, Grantee, subject to the notice and cure provision of this Easement and in Grantee's absolute discretion, may pay such tax or assessment. 8 259 4. Transfers by Grantor. Grantor agrees that Grantee's written approval is necessary prior to the transfer of any fee simple interest in the Property. Grantor agrees to notify Grantee of the names and addresses of any party to whom any interest in the Property is to be transferred at least sixty (60) days prior to the date of such transfer, and to incorporate by specific reference to this Easement's Public Records recording information the terms of this Easement in any deed or other legal instrument by which Grantor transfers any interest in the Property, including, without limitation, a leasehold or other possessory interest. The failure of Grantor to perform any act required by this subsection shall not impair the validity of this Easement or limit its enforceability in any way. 5. Modification. The terms and conditions of this Easement raiay be modified only by mutual agreement, in writing, between the Grantor and the Grantee, or their respective successors or assigns. 6. Attorneys' Fees and Costa. In any dispute between Grantor and Grantee arising out of this Easement which results in the filing of a lawsuit, each party in such action shall bear its own attorney fees and costs (including fees and costs of appeal) incurred by such party in regard to this dispute. 7. sSuccessQrs and Assigns. The terms "Grantor" and "Grange" as used herein shall include, without limitation, the successors and assigns of Grantor and Grantee. The covenants, terms, conditions and restrictions of this Easement shall be binding upon and inure to the benefit of such Grantor and Grantee and shall continue as a servitude running in perpetuity with the Property. 8. Notices. Any notice, demand, consent, or communication that either party is required to give to the other hereunder shall be in writing and either served personally by hand -delivery, next -day courier delivery, or by registered or certified mail, postage prepaid, addressed as follows: To the Grantor: Indian River County Community Development Director 1801 27th Street Vero Beach, Florida 32960 To the Grantee: St. Johns River Water Management District Bureau Chief, Bureau of Real Estate Services 4049 Reid Street Palatka, Florida 32177 Telephone: (386) 329-4335 Fax: (386) 329-4125 or to such other address as any of the above parties shall from time to time designate by written notice, delivered pursuant to the terms of this paragraph. All 9 260 such notices delivered hereunder shall be effective upon delivery or within five (5) days from the date of mailing if sent by registered or certified mail. 9. Good Faith Covenant. Each party hereto agrees that it shall act in good faith and deal fairly with the other party in performing its obligations and enforcing its rights as set forth in this Easement. Each party affirmatively commits to fulfill its obligations under this Fasement honestly and with diligence and integrity. Each party further agrees to avoid impairing the other's performance, and each shall cooperate with the other party to fulfill it obligations timely and efficiently. 10. Mediation. From time to time., the terms and conditions of this Easement will require Grantor and Grantee to reach •agreement on certain plans and courses of action described and contemplated herein. Grantor and Grantee agree to attempt to reach agreement on such plans and courses of action in .good faith. In the event that, after a reasonable effort, Grantor and Grantee fail to reach agreement on a plan or course of action required to be undertaken pursuant to this Easement, then in that event, Grantor and Grantee may submit such issue to mediation. Mediation shall be held at a time and place mutually agreeable to Grantor and Grantee provided, however, in no event shall the mediation be scheduled later than thirty (30) days after notice provided by one party to the other requesting mediation on the issue in dispute. The mediation shall be held before a mediator who is mutually acceptable to both Grantor and Grantee and having expertise in the subject matter in dispute. This mediation provision is intended to apply to good faith disputes regarding mutual decisions to be reached by Grantor and Grantee under the terms and conditions of this Easement. In no event shall this mediation provision supplant or impede election of the remedies set forth in Paragraph V.I. herein. 11. Construction of Document. As used herein "shall" is always mandatory. This Easement was jointly prepared by the parties upon the review and advice of their respective legal counsel. It is the intent of the parties that, in construing the intent of the parties hereto, there shall be no presumption in favor of either party by virtue of which party is primarily responsible for drafting this Easement. 12. Sovereign Immunity and Regulatory Authority. Nothing in this Easement shall be construed to constitute a waiver of the Grantor or Grantee's sovereign immunity over and above the waiver of sovereign immunity set forth in section 768.28, Florida Statutes, or waiver of any other statutory or common law immunity, including the recreational use immunity of the Grantee set forth in section 373.1395, Florida Statutes. Nothing herein shall be construed to restrict or abrogate the lawful regulatory jurisdiction or authority of Grantor or Grantee, or relieve Grantor from the responsibility of obtaining all necessary permits or other regulatory authorizations from Grantee or other governmental agencies asserting jurisdiction over Grantor's activities. 10 261 13. Condemnation. If the Property, or any portion thereof, is condemned under the power of eminent domain, or determined necessary for public utility purposes, Grantee and Grantor shall be entitled to compensation in accordance with applicable law .to the extent and in the proportion that the rights of each party are affected by any such act of condemnation. 14. Environmental Warranty and Indemnification. Grantor shall not take any action to cause the Property to fail to be in compliance with applicable Environmental Laws. Moreover, Grantor hereby indemnifies and agrees to save, defend and hold harmless, to the extent allowed by law, Grantee from and against any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions, costs and other liabilities (whether legal or equitable in nature including, without limitations, attorney's fees and costs) claimed or asserted by or on behalf of any person or governmental authority arising from or connected with the release or threatened release by Grantor of any Hazardous Materials on, at, beneath, or from the Property, or arising from or connected with a violation by Grantor (or Grantor's agents, employees, invitees or guests) of Environmental Laws. Provided, however, in the event that Grantee is named or joined as a party in a suit or proceeding alleging a violation of Environmental Laws (or a violation by Grantor's agents, employees, invitees or guests), Grantee shall give Grantor timely notice of such suit or proceeding. Upon receipt of such notice, Grantor shall tender a defense of Grantee in such action or proceeding. Grantee shall have the right to reasonably approve Grantor's selection of counsel for such defense. So long as Grantor tenders and maintains such defense on behRlf of Grantee, the indemnity provisions of this Paragraph shall not extend to attorney's fees and costs incurred or paid by Grantee in defense of such suit or proceeding if such fees and costs are independent of the defense tendered by Grantor. The term "Environmental Law" shall mean all federal, state and local laws including statutes, regulations, ordinances, codes, rules and other governmental restrictions and requirements regulating or imposing standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right to know, hazard communication, noise, radioactive materials, resource protection, subdivision, inland wetlands and water courses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect, including, but not limited to, as amended, the Federal Solid Waste Disposal Act ("SWDA"), the Federal Clean Air Act ("CAA"), the Federal Clean Water Act ("CWA"), the Federal Resource Conservation and Recovery Act of 1976 ("RCRA"), the Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), the Federal Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Federal Emergency Planning and Community Right -To -Know Act ("EPCRA"), the Federal Insecticide, Fungicide and Rodenticide Act ("PIFRA"), the Toxic Substances Control Act ("TSCA"), Chapters 161, 253, 373, 376, and 403, Florida Statutes, and the rules and regulations of the (i) United States 11 262 Environmental Protection Agency, (ii) the Florida Department of Environmental Protection, and (iii) the St. Johns River Water Management District, now or at any time hereafter in effect. The term "Hazardous Materials" shall mean any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials, and any other element, compound, mixture, solution, or substance which may pose a present or potential hazard to human health or the environment. The term "Hazardous Materials" shall not include pesticides, herbicides, and fertilizer applied in accordance with (i) label instructions, (ii) any applicable permitting process, and (iii) any applicable BMPs. 15. General Indemnification. To the extent allowed by law, Grantor shall indemnify and hold harmless the Grantee, its employees, agents and .assigns for any and all liabilities, claims, demands, losses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs and reasonable attorney's fees and attorney's fees on appeal) to which Grantee may be subject or incur relating to the Property, which may arise from Grantor's or its agent's contractor's, or invitee's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this Easement, or violations by Grantor or its agents, contractors, or invitees of any federal, state or local laws, including all Environmental Laws. 16. Best Management Practices. As used in this Easement, the term "Best Management Practices" ('BMPs") shall be deemed to be those Best Management Practices that are or may be established for permissible uses of the Property by the Florida Department of Agriculture and Consumer Services ("DACS"), University of Florida Institute of Food and Agricultural Sciences ("IFAS"), Natural Resources Conservation Service ("NRCS"), the local soil and water conservation district, or in the absence of the foregoing, those BMPs then utilized as the prevailing practices for such use. VI. EASEMENT DOCUMENTATION REPORT. Grantor and Grantee acknowledge and agree that an Easement Documentation Report (the "Report") of the Property was prepared prior to closing and attached hereto as Exhibit "B". In the event a controversy arises with respect to the nature and extent of the physical, ecological or biological condition of the Property, the parties may utilize the Report and any other relevant documents, surveys, photographs or other information to assist in the resolution of the controversy. The Report shall serve, however, as the principal base line for the biological, ecological, and physical condition of the Property on the date of this Easement. 12 263 VII. MANAGEMENT PLAN AND ANNUAL REPORT. 1. Management Plan. Grantor and Grantee acknowledge that a Management Plan for the Property was prepared by Grantor prior to the donation of the Property to Grantor and Grantor shall manage the Property in accordance with said Plan until such time as said Plan is revised by Grantor. The Management Plan, and any revision thereto, shall describe Grantor's uses, operations and improvements upon the Property as reserved or allowed to Grantor by this Easement. The Management PIan shall set forth Grantor's plans for agricultural and silvicultural operations; public recreation (including appropriate limitation on the number of persons and vehicles utilizing the Property); use of pesticides, herbici-des and fertilizers; wildlife management; construction, including, but not limited to, structures, fences, roads and trails; restoration plans; and other land use activities upon the Property. The Management Plan shall specify that these activities are to be conducted upon the Property in accordance with the applicable BMPs and this Easement. The Management Plan shall be subject to revision by amendment submitted by Grantor to Grantee's Bureau Chief, Bureau of Real Estate Services, pursuant to Paragraph V.B. herein. Proposed amendments shall be submitted for Grantee's review and approval no more frequently than semi-annually, but no less frequently than every ten (10) years. Grantee shall have up to sixty (60) days to review the Management Plan amendment and submit comments to Grantor or approve the amended Plan. If Grantee does not respond to Grantor within sixty days, the amendment shall be deemed to have been approved by Grantee. The Management Plan and each amendment shall be consistent with the purposes and provisions of this Easement. 2. Annual Report. Each year, on or before the anniversary date of the date of recording of this Easement, or such other date that is mutually agreed upon in writing by Grantor and Grantee, Grantor shall prepare and furnish to Grantee an annual report, including: (i) a statement documenting Grantor's compliance with the Management Plan and the Easement for the preceding year; (ii) Grantor's activities upon and use of the Property during the preceding year; and (iii) Grantor's proposed activities upon and use of the Property during the current/upcoming year. VIII. DUTY OF CARE. Grantor and Grantee recognize and acknowledge the natural, scenic, aesthetic, ecological and hydrological character of the Property and have the common purpose and intent of the conservation and preservation of the Property in perpetuity. Accordingly, Grantor hereby acknowledges a continuing duty of care to Grantee imposed by this Easement upon Grantor to carry out the intent and purpose of this Easement with regard to Grantor's ownership and occupancy of the Property. (Signatures on following pages) 13 264 IN WITNESS WHEREOF, the parties hereto have duly executed this Easement, to become effective as of the day and year first above written. GRANTOR: BOARD OF COUNTY COMMLSSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Peter D. O'Bryan, Chairman Date BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Print Name: Deputy Clerk Approved: By: Bau,i 1 , ph A. Baird unty Administrator Deputy County Attorney 14 265 Signed, sealed and delivered in our presence as witnesses: GRANTEE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373, Florida Statutes By: Print Name: Hans G. Tanzler IH Executive Director Print Name: Attest: William H. Congdon General Counsel For use and reliance only by St. Johns River Water Management District, Legal Form and Content Approved: By: William Abrams, Esq. Office of General Counsel STATE OF FLORIDA COUNTY OF I HEREBY CERTIFY that the foregoing instrument was acknowledged before me this day of . 2014, by Hans G. Tanzler, as Executive Director of the St. Johns River Water Management District, on behalf of the District, who is personally known to me or who provided as identification and who did not take an oath. cE Form -1 Oor't ttenmplialv Last Reviled 12/32013 NOTARY PUBLIC, State of Florida My Commission Expires: My Commission No.: 15 266 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 The South One Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 39 East, LESS the West 312.96 feet thereof. Said land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. The above Parcel I being more particularly described as follows: Begin at the Northwest corner of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' 27" E, along the North line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit 1 as recorded in Plat Book 7, page 45 of the Public Re orris of Indian River County, Florida and the North line of Hobart Landing Unit 2, as recorded in Plat Book 7, page 46 of the Public Records of Iridian River County, Florida, a distance of 1946A4 feet to the approximate mean high water line of the Indian River, thence along said approximate mean high water line the following 4 courses; (1) N 54° 11' 39" W a distance of 204.41 feet; (2) thence N 340 03' 22" W a distance of 89.23 feet; (3) thence N 30° 30' 07" W a distance of 75.32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N lime of the South %z of the North 40 rods .of the South 60 rods of Government Lot 3 of Section 34, Township 31 South, Range 39 Past; thence S 89° 56' 27" W along said North line of the South %z a distance of 1985.58 feet to the East line of West 312.96 feet of said South 'A; thence S 00° 58' 27" W along said East line a distance of 330.05 feet to the South line of said South 1/2; thence N 89° 56' 27" E along said South line a distance of 346.39 feet to the Point of Begirming TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South half of the North 40 rods of the South 60 rods of Goveanent Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. PARCEL 2 Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 East, nm North 90 degrees 00 minutes 00 seconds West along the South 267 line of Township 31 South, a distance of 49.86 feet thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being • on the West right of way of York Strut, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00. degrees 19 minutes 48 seconds East along said West right of way a distance of 393.77 feet to the. POINT OF BEGINNING; thence leaving said West right of way run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet; thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 59 minutes 30 seconds East along said North linea distance of 981.63 feet to point onthe West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09 .feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and .Oficial Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street thence nm South 00 degrees 19 minutes 48 seconds West along said West right of ways distance of 284.25 feet to the POINT OF BEGINNING. The above Parcel 2 being more particularly described as follows; Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 Bast, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet; thence run North 00 degrees 15 minutes 17 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15 minutes 17 seconds East along said West right of way a distance of 393.71 feet to the POINT OF BINNING; thence leaving said West right of way run North 24 degrees -41 minutes 21 seconds West a distance of 648.96 feet thence run North 00 degrees 14 minutes 56 seconds East a distance of 323.03 feet to a point on the North line of Government Lot 5, toad Govt Lot 4, Section 34, Township 31 South, Raage 39 Bast, thence run North 89 degrees 55 minutes 01 seconds East along said North line a distance of 981.51 feet to a point on the West right of way of Indian River Boulevard, said right ofway being 75.00 feet wide; thence ran South 21 degrees 12 minutes 04 seconds East along said right of way a dike of 674.17 feet to a point on the North right of way of YAC Road; said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 55 minutes 03 seconds west along said North right of way a distance of 954.39 feet to a point on the West right of way of said York Strut thence run South 00 degrees 15 minutes 17 seconds West along said West right of way a distance of 284.17 feet to the POINT OF BEGINNING. 268 EXHIBIT "B" Easement Documentation Report Map 1 -- Upland/Wetland Map 2 — Trails, Culverts, Bridge, Ditches and Apiary Site Map 3 — Special Protection Areas-Mosquito Impoundment 269 . r' ! +_ • / ! �+ T % ., . I •. .r..„0-/ ' t- ►, ;r"-^r'.r f it t`"` t_ . .r# -.141.-e- .1- -`r,•. r...n r ' nr: aaa-•« r 4.4. rrr ry. 1 �(; 4. l,F ttt♦ a!• 4-, .�. �•. .1 s� a-,rr+4 •'� .. ;,� is Brats swrwaaara 4340 NW Exhibit B - Map 1 Upland I Wetland Upland Wetland The St Johne Weber ManagrerpteeDletriel prepares and ease ties inf''r adon for Its wan purposes and this nab sub* far otter ;an:pores. MS Mdnnation, padvldAdOe e. Further doa nariationofItis Oats tbn be obtained by mntadino: 8t Johns RiverVider denapament Syatmrre Pro9rain MerepSrlyot, P.t1.8ox 7429, 4D49 Reid Street ;Welke. Florida 9,21784429 pea):s s-atze. 270 Exhibit B - Map 2 Trails,Culverts, Bridge, Ditches and Apiary Site X Bridge Pit Culverts Ditches Toni Robinson Trail Trails Apiary i Block Property Indian River County 0 180 360 Feet 1 = 3750 Exhibit B Map 2 The & Johns Rip Water Management District papery, end ups this Information (or Rs oa7i puppet end this irdmrnation may rnt bs suiati u tar other purposes. Mb tnformettan b grouted as is. Rrtherdocumertation of ti is dela can be obtained by contacting et Johns River %liar Management District, Geopraphio tnformellon ey*m0.Program Menepxnent, e:o. me 1420,4049 Reid Street Palatka, Florida 321711-1429 iat (3116)2=1-4176 271 Block Property Indian River County Exhibit B - Map 3 Special Protection Areas Mosquito Impoundment 7tss St .mhos Miff Water Menogenrant Dtkritt prepares and uses this information for b awn purposes and this intonbstbn may not be suSsble for other purposes. itis kite mattan is provided a is. FurQw deasnarta&n at thea data wnbe-obtained by cents -tang. St Jenne Riven atar Management gement Data Geograph Information SyetemeOroP'®n Management, PQ:Box t429, 4848 Reid street realm, Fldidp 321784420' Tet (306)3294176: 272 EXHIBIT "C" 2004 Cooperative Agreement for Impoundment Restoration Projects in Indian River County between the St. Johns River Water Management District and the Indian River Mosquito Control District 273 COOPERATIVE AGREEMENT IMPOUNDMENT RESTORATION PROJECTS IN INDIAN RIVER COUNTY THIS COOPERATIVE MANAGEMENT AGREEMENT (hereinafter called "Agreement") ie made as of the day of 114 etA , 2004„ by and between THE GOVERNING BOARD OF THE ST. LOINS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida:Statutta, whose mailing address is P.O. Box 1429, Palatka, Florida 32178-1429 (hereinafter called "DISTRICT"), and INDIAN RIVER MOSQUITO CONTROL DISTRICT, a political subdivision of the State of Florida, whose address is 5655 41 ` Street, Vero Beach, Florida 32967 (hereinafter called "MOSQUITO CONTROL"); WITNESSETH WHEREAS, the DISTRICTis actively aoquiringProperty in IudiaaRiver County, and currently owns in fee sirnple certain lands described in Exhibit "A," attached hereto and by this reference made a part hereof, (the "Impoundment Sites") as part ofthe Florida forever Indian River Lagoon Blueway Project to improve water. quality inthe Indian River.Lagoon by restoring impoundment sites and reconnecting them to the Lagoon; and WHEREAS, MOSQUITO CONTROL wishes to restore wetlands in the District Impoundment Sites; and WHEREAS, the DISTRICT and MOSQUITO CONTROL wish to enter into this agreement for the management of the wetlands in the Impoundment Sites. NOW TEIEREFO'RE, the parties hereto, for and in consideration date premises which are hereby made -a part of this Agreement. and the mutual covenants, terms and conditions hereinafter contained, hereby covenant and agree as follows: 1. The: initial term of this ,Agreement is fora period of fifty (5D) years, commencingon the effective date of this Agreement, and ending at midnight on the date in A.D. immediately preceeding the effective Date 2054: Thereafter; this Agreement will be automatically renewed, in twenty-five (25) year increments, unless terminated as otherwise set forth herein. 2 MOSQU[TO:CONTROL, withinput from the DISTRICT. will be responsible for restoration and tnamgemeot orthe impounded wetlands: 3. As additional impoundment Sites are acquired by tate District, such sites may be automatically incorporated into the teens of this Agreement, subject only to written request for such addition being made by the DISTRICT' and confirmed and accepted inventing by MOSQUITO CONTROL. 4. Responsibility of MOSQUITO CONTROL: a. Post the perimeter of the IMPOUNDMENT SITES with both DISTRICT and MOSQUITO CONTROL Signage, at MOSQUITO CONTROL'S expense, with assistance from the t3i$TTIICT. b. Develop a restoration and management pian (Plan") far each IMPOUNDMENT SITE. District ataff will review and approve the plans. C'-oaperative Agreement. Page 1 of7 Indian River Mosquito Control District -274 c. Serve as lead manager of the IMPOUNDMENT SITES wetlands. d. Assume ani restoration and operational responsibilities for the wetlands in the IMPOUNDMENT SITES. e. Assume responsibilityfor maintenance of any dike(s) surrounding the wetlands of the IMPOUNDMENT SITES. f. Treat and where feasible remove all exotic plants from any dike(s) sunounding the wetlands of the IMPOUNDMENT SITES. 5. MOSQUITO CONTROL will be provided access to the IMPOUNDMENT SITES for inspection, design, construction, maintenance and operation. 6. The DISTRICT is responsible for providing. four (4) culverts for the WINDMILLER PROPERTY, the first Impoundment She subject to this Agreement. 7. MOSQUITO CONTROL and the DISTRICT mutually agree that any use or development of thc IMPOUNDMENTN - SITES will be subject to the following conditions: a. The IMPOUNDMENT SITES, with respect to water management, will be rcemute ted to the Indian :River _Lagoon under Rotation Impoundment Management (RIM). No use of the IMPOUNDMENT SITES shall interfere with or impedethe restoration of the impoundments b. The IMPOUNDMENT SfTES shall bo managed for multiple .uses on the perimeter dike, limited to hiking, walking, jogging, fishing and bird watching. e. All re ls:alional uses and activities shall be consistent with the water management purposes of the DISTRICT as provided in Sections 373.139 and 173.59, Florida Statutes; and with the enabling legislation for the MOSQUITO CONTROL. R. The MOSQUITO CONTROL may enter into agreements with third parties to develop aud.implernent the Plan, ar subcontract -day -today management responsibilities. Such third parties shall agree to comply- with the tenni and conditions of this Agreertrent.and shall be approved -by the DISTRICT. 9. All sanctums, insproveme nts and facilities placed -or installed upon. rice IMPOUNDMENT SITES shall be.atthe sole cost, expense and liability of the party responsible for such placement or installation. Neither the DISTRICT nor the MOSQUITO CONTROL shall be liable for any damage to said structures, improvements and facilities placed on the IMPOUNDMENT SITES by the other. Cost and liability for any structures, improvements and facilities jointly funded by both parties shall be mutually agreed upon, in writing, between the parties prior to such placement or installation. Ownership of all said structures, improvements and facilities shall be determined and agreed upon, in writing, between the parties prior to such placement or installation The responsibility for obtaining ar renewing permits that may be required by any federal, state, regional, munit 1pal, or other govt nrnental entity, shall -be determined and agreed upon, in writing, between .the parties prior to the construction or insulation of atructUres, improvements, or facilities upon the IMPOUNDMENT SITES. 10. The MOSQUITO CONTROL shall pay all lawful debts incurred by it with respect to the IMPOUNiaMLNT SITES and shall satisfy all Guru of contractors„ sub -contractors, Cooperative Agrceme nt Page 2 of 7 Indian River Mosquito Control District 275 mechanics, laborers, and:matemialmen with respect to any construction, alteration and repair ordered by it in and on the IMPOUNDMENT SITES, and any improvements thereon, Furthermore, the MOSQUITO CONTROL shall not have authority to create any mortgages on the IMPOUNDMENT SITES or liens for labor or material on or against the -IMPOUNDMENT SITES_ All persons contracting with the MOSQUITO CONTROL :for the construction or removal of any structure, or for the erection, installation, alteration or repair of any structure or improvement an the IMPOUNDMENT SITES, including all materialmeu, contractors, mechanics and laborer's involved in such work, shall be notified that they must look to the MOSQUITO CONTROL only to-securediepayment of any bill or account for work done, material fiunished, or money owed during the term of this Agreemera. 1 I. The DISTRICT and'the MOSQUITO CONTROL shall not use or permit the IMPOUNDMENT SITES to be used>in violation of afyvalid:presaitor Altura laws, 'ambiances, rules or regulations of any public or govcmme ntal authority at any timeapplicable thereto relating to sanitation or the public health, safety, morals ea welfare, or relating to the management activities in, and use of, the IMPOUNDMENT SITES. Itis understood and agreed by the parties that there shall be no facilities except those directly related to the operation and maintenance of the IMPOUNDMENT SITES for stoninwatcr management, public education: and n crcaticur. 12_ The MOSQUITO CONTROL and other governmental agencies or organizations involved in management or restoration related activities on the IMPOUNDMENT SITES shall, throughout the term of this Agrndut, provide, maintain, and keep in force a program of insurance or self-insurance covering its liabilities as prescribed by Section 768.28, Florida Statutes. The DISTRICT'S liability is further limited by the provisions of Section 373.1395, Florida Statutes. Nothing In this Agmeremnt shall be construed its :*waiver of the MOSQUITO CONTROL'S or the DISTRICTS sovereign irntnttnity under Section 76$,28, Florida Statutes, or any other provision °flaw 13. Should day-to-day: management responsibilities be undertaken t y.or subcontraote d to non-govemmentel, cnvironmertal or educational organizations or agetutea, or other private entities, then such entities shall be required to obtain front :an:banancc Company licenBed in the State: and acceptable to the MOSQUITO CONTROL. and the DISTRICT wodonan's compensation and general and vehicle liability insurance, as appropriate, providing for mutually acceptable minimum limits. The MOSQUITO CONTROL and the DISTRICT shall be named as an additional insured party for any .such policies. Furthermore, any such 000-governmental organizations or agencies shall protect, defend, save, indemnify, and hold the MOSQUITO CONTROL and the DISTRICT harmless Ihan and against any and aU liability Icor loss or damage to property or death or injury:to persons, resulting from the activities of such non- governmental organization or agency. 141 The DISTRICT reserves the right for 'itself, its agents, consultants and employees„ upon seasonablenoticetothe >MOSQLIIT'O CONTROL .(cmergociciesinternpted):to enttrupon the IMPOUNDMENT SITES for the ptupose of water management, for the purpose of inspecting the IMPOUNDMENT SITES and determining compliance with .tfte terms:of this Cooperative Agmenteut Page :3: of 7 Indian River Mosquito Control Dishict 276 Agreement, so long as such entry or use does not unreasonably interfere with the MOSQUITO CONTROL's use thereto for the purposes set forth herein. Any Such agents, consultants or employees of the DISTRICT shall be responsible for promptly closing and locking any gates through which -they may pass in the exercise of such right of entry. 15_ Either party may terminate dun Agreement, with or without cause, at any time upon ninety (90) days written notice to the other party. 16. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently made or given 1) when mailed by certified matt, postage prepaid, return receipt requested, ii) by hand delivery to the named individuals .representing the party to be notified, or iii) by private parcel delivery services, or facsimile transmission for which receipt is provided to the notifyingparty. Notices, including notice of change of address, shall be addressed or transmitted to the addresses set forth beloworsuch other address that a party may designate in the manner prescribed heroin: DISTRICT: ST. TOWNS RIVER WATER MANAGEMENT DISTRICT 4049 Reid Street PALATKA, FL 32177 ATTBNTIONi DIRECTOR DIVISION OF LAND MANAGEMENT INDIAN RIVER MOSQUITO CONTROL DISTRICT 5655 41" STREET VERO BEACH, FL 32967 ATTENTION; DIRECTOR - Notices, consents, epprovalS, waivers and elections given or made as aforesaid shall be deemed to have been given and received on the date ofthe mailing :thereof as aforegtr d. 17. Wherever used herein rhes teens "MOSQUITO CONTROL" anti VISTI J CT' include all parties to this instrument, their employees, and the omits, legal representatives and assigns of individuals, and the successors and assigns ofcorporations, partnerships, public bodies, and quasi -public bodies. 18. This Agreement constitutes the entire agreement of the parties, and there are no understandings dealing with the subject matter of this Agreement other than those contained herein. This Agreement may not be modified, changed or amended, except in writing signed by the parties hereto or their authorized represtnratives. 19. This Agreement shall be construed and interpreted according to the laws of the State of Florida. 20_ This Agreement shall not be construed more strictly against one party than against the other merely by vittue of the fact that it may have been prepared by Counsel for one of the parties, it being recognized.tluct both thc.MOSQU1tO CONTROL and DISTRICT have contributed substantially and materially to the preparation hereof. Cooperative Agreement Page 4 of 7 Indian River Mosquito Control District 277 21. For all purposes of this Agreement, the "Effective Date" hereof shall mean the date when the last of the DISTRICT or the MOSQUITO CONTROL has executed the same, and that date shall be inserted at the top of the fust page hereof. 22. Any reference herein to funding or payment of costs or expenses to be borne by either the DISTRICT or the MOSQUITO CONTROL shall be contingent on the availability of funds by such party for such purpose. 23. Nothing contained in this Agreement shall be construed as a waiver of or contract with respect to the regulatory or permitting authority ofthe DISTRICT or MOSQUITO CONTROL :as they now or hereatier exist under applicable laws, rules and regvlafioms. 24. Nothing in this Agreement shall create any .rights 'for *e benefit of any persons not a patty to this Agreement. IN WITNESSWHEREOF, the parties hereto have duly executed this: Agreement; on the date and year first above written. APPROVED: ATTEST: Witness PrinttTypeWitness Name Witness Print/Type Witness Name By; ST. JOHNS RIVER WATER MANAGEMENT DISTRICT By: Kirby $. Gmn LU Executive Director By authority of Section 373.083.(5), Florida Statutes, and SJR.WMD Policy Number 90-16 (cooperative Agreements). INDIAN RIVER COUNTY, FLORIDA VinCr Print/Ty!pe'N� Title: Arkel r16.4,tecf rtoft60.- ; utr Mrn h4. By: Title: Cooperative Agreement Page 5 of 7 Indian River Mosquito Control District 278 EXHIB'ff "A" Windmiiler Property ,Carta.$ Description That part of the East 27.56 acres of the Southwest 54 of the Southwest i4 lying North of the Winter Beach Bridge Road in Section 2, Township 32 South, Range 39 East, Indian River County, Florida Said land lying end being in Indian River County, Florida. Cooperative Agreement Page 6 of 7 Indian River Mosquito Control District 279 Cooperative Agreement Page 7 of 7 Indian River Mosquito Control District 280 PREPARED BY AND RETURN TO: William Abrams, Esq. Si. Johns River Water Management District 4049 Reid Street I Highway 100 West Palatka, FL 32177 This document constitutes a conveyance from a state agency or instrumentality to an agency of the state and is not subject to documentary stamp tax pursuant to 12B-4.014(10), F.A.C. QUIT -CLAIM DEED THIS QUIT -CLAIM DEED, executed this dray of / , 2014, by ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public bod xisting under Chapter 373, Florida Statutes, whose address is P.O. Box 1429, Palatka, Florida 32178-1429 ("GRANTOR"), to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960, ("GRANTEE"); (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and their successors and assigns.) WITNESSETH, that GRANTOR, for and in consideration of the sum of $10.00 and other valuable consideration, in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, does hereby remise, release, and quit -claim unto GRANTEE forever, all the right, title, interest, claim, and demand which GRANTOR has in and to the following described lot, piece, or parcel of land, situate, lying and being in Indian River County, Florida, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF (the "Property"). SUBJECT TO easements, restrictions and reservations of record, but this reference shall not serve to re -impose same. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, Interest, Tien, equity, and claim whatsoever of GRANTOR, either in law or equity, to the only proper use, benefit, and behoof of GRANTEE forever. Fee Reverter — The Property is hereby conveyed to Grantee based upon the understanding that Grantee will convey to Grantor certain rights in and to the Property pursuant to a Perpetual Conservation Easement ("Easement"). Said Easement shall be recorded on even date herewith in the public records of Indian River County, Florida. Grantee acknowledges and agrees that if any term or condition of the Easement is violated by Grantee or any third person with the knowledge or consent of Grantee, all right, title, Interest, claim, and demand of Grantor In and to the Property conveyed hereby shall automatically revert to Grantor pursuant to the terms of this Instrument and without the necessity for any further legal action. Prior to such reversion, Grantor shall provide Grantee 30 calendar days prior written notice of violation and opportunity to cure such violation within the 30 -day time 281 period. If the violation is not remedied, upon Grantor's request, Grantee shall execute a quitclaim deed as record evidence of this reverter. In the event Grantee fails to execute a quitclaim deed, Grantor may record Notice of Violation of the terms of the Easement In the public records without (lability to Grantor and pursue legal action to require compliance herewith. IN WITNESS WHEREOF, the said GRANTOR has caused these presents to be signed in its name the day and year first above written. Signed, sealed and delivered in the presence of: ST. JOHNS RIVER WATER MANAGEME DISTRICT, a public body ng unde Chapter 37 BY: Robejts;.4.; re STATE OF FLORIDA r`..' 1.) .511 COUNTY OF PUTNAM ,,,i,•, I HEREBY CERTIFY, that on this III 'E`day of M , rL. ti A.D., 2014, before me personally appeared John A. Miklos, Chairman of the Governing Board of ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, who i5 personally known to me and who executed the foregoing conveyance and acknowledged the execution thereof to be her free act and deed as such officer thereunto duly authorized, and the said conveyance is the act and deed of said District. Witness my hand and official seal thisl (4clay of Mare -k , 2014. Ot l to Print name:-SQridr+s- Gi3e 1i.ry My Commission Expires: } .12.4 -€Dl ST STATE OF FLORIDA COUNTY OF PUTNAM HEREBY CERTIFY, that on this 144`day of f fl to-' A.D., 2014, before me personally appeared Fred N. Roberts Jr., Secretary of the Governing Board of ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, a public body existing under Chapter 373 of the Florida Statutes, who is personally known to me and who executed the foregoing conveyance and acknowledged the execution thereof to be his free act and deed as such officer thereunto duly authorized, and the said conveyance is the act and deed of said District. Witness my hand and official seal this < <�aay of r p r�,� &rc t , 2014. Print name:_,SaJn,th L. r 4r avv‘ My Commission Expires: f - 241 -2618 282 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 The South One Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 39 East, LESS the West 312.96 feet thereof. Said land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. The above Parcel 1 being more particularly described as follows: Begin at the Northwest corner of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' 27" E, along the North line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit 1 as recorded in Plat Book 7, page 45 of the Public Records of Indian River County, Florida and the North line of Hobart Landing Unit 2, as recorded in Plat Book 7, page 46 of the Public Records of Indian River County, Florida, a -distance of 1946.44 feet to the approximate mean high water line of the Indian River, thence along said approximate mean high water line the following 4 courses; (1) N 54° 11' 39" W a distance of 204.41 feet; (2) thence N 34° 03' 22" W a distance of 89.23 feet; (3) thence N 30° 30' 07" W a distance of 75.32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N line of the South V of the North 40 rods of the South 60 rods of Government Lot 3 of Section 34, Township 31 South, Range 39 East; thence S 89° 56' 27" W along said North line of the South Y2 a distance of 1985.58 feet to the East line of West 312.96 feet of said South 'A; thence S 00° 58' 27" W along said East line a distance of 330.05 feet to the South line of said South %2; thence N 89° 56' 27" E along said South line a distance of 346.39 feet to the Point of Beginning TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida PARCEL 2 Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 90 degrees 00 minutes 00 seconds West along the South 283 line of Township 31 South, a distance of 49.86 feet thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 19 minutes 48 seconds East along said West right of way a distance of 393.77 feet to the POINT OF -BEGINNING; thence leaving said West right of way run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet; thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 59 minutes 30 seconds East along said North line a distance of 981.63 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09 .feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street; thence run South 00 degrees 19 minutes 48 seconds West along said West right of way a distance of 284.25 feet to the POINT OF BEGINNING. The above Parcel 2 being more particularly described as follows; Commencing at the Southwest comer of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet; thence run North 00 degrees 15 minutes 17 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15 minutes 17 seconds East along said West right of way a distance of 393.71 feet to the POINT OF BEGINNING; thence leaving said West right of way run North 24 degrees.41 minutes 21 seconds West a distance of 648.96 feet; thence run North 00 degrees 14 minutes 56 seconds East a distance of 323.03 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 55 minutes 01 seconds East along said North line a distance of 981.51 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 12 minutes 04 seconds East along said right of way a distance of 674.17 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 55 minutes 03 seconds west along said North right of way a distance of 954.39 feet to a point on the West right of way of said York Street; thence run South 00 degrees 15 minutes 17 seconds West along said West right of way a distance of 284.17 feet to the POINT OF BEGINNING. 284 This document was prepared by: Indian River County Attomey's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of 2014, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and INDIAN RIVER LAND TRUST, INC., a Florida nonprofit corporation, party of the second part, whose mailing address is 80 Royal Palm Pointe, Suite 301, Vero Beach, Florida 32960. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described land Tying and being in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. SUBJECT TO that certain Perpetual Conservation Easement to St. Johns River Water Management District, a public body existing under Chapter 373 of the Florida Statutes, recorded in Book , Page of the Public Records of Indian River County, Florida; and IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED AS TO F « RM AND ; , AL Ute 1 1: CY BY WILLIAM K. DEBRAAL DEPUTY COUNTY ATTORNEY INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners By: Peter D. O'Bryan, Chairman BCC approved: June 11, 2013 (Official Seal) 285 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 The South One Half of the North 40 rods of the South 60 rods of Goveiiunent Lot 3, Section 34, Township 31 South, Range 39 East, LESS the West 312.96 feet thereof. Said land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. The above Parcel 1 being more particularly described as follows: Begin at the Northwest corner of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' 27" E, along the North line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit 1 as recorded in Plat Book 7, page 45 of the Public Records of Indian River County, Florida and the North line of Hobart Landing Unit 2, as recorded in Plat Book 7, page 46 of the Public Records of Indian. River County, Florida, a•distance of 1946.44 feet to the approximate mean high water line of the Indian River, thence along said approximate mean high water line the following 4 courses; (1) N 54° 11' 39" W a distance of 204.41 feet; (2) thence N 34° 03' 22" W a distance of 89.23 feet; (3) thence N 30° 30' 07" W a distance of 75.32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N line of the South 'h of the North 40 rods of the South 60 rods of Government Lot 3 of Section 34, Township 31 South, Range 39 East; thence S 89° 56' 27" W along said North line of the South Y2 a distance of 1985.58 feet to the East line of West 312.96 feet of said 'South '/; thence S 00° 58' 27" W along said East line a distance of 330.05 feet to the South line of said South %; thence N 89° 56' 27" E along said South line a distance of 346.39 feet to the Point of Beginning TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. PARCEL 2 Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 90 degrees 00 minutes 00 seconds West along the South 286 line of Township 31 South, a distance of 49.86 feet; thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 19 minutes 48 seconds East along said West right of way a distance of 393,77 feet to the POINT OF BEGINNING; thence leaving said West right of way run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet; thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 59 minutes 30 seconds East along said North line a distance of 981.63 feet to a point on the West right of way. of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09 .feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street; thence run South 00 degrees 19 minutes 48 seconds West along said West right of waya distance of 284.25 feet to the POINT OF BEGINNING. The above Parcel 2 being more particularly described as follows; Commencing at the Southwest comer of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet; thence run North 00 degrees 15 minutes 17 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15 minutes 17 seconds East along said West right of way a distance of 393.71 feet to the POINT OF BEGINNING; thence leaving said West right of way nm North 24 degrees -41 minutes 21 seconds West a distance of 648.96 feet; thence run North 00 degrees 14 minutes 56 seconds East a distance of 323.03 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence nm North 89 degrees 55 minutes 01 seconds East along said North linea distance of 981.51 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 12 minutes 04 seconds Bast along said right of way a distance of 674.17 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 55 minutes 03 seconds west along said North right of way a distance of 954.39 feet to a point on the West right of way of said York Street; thence run South 00 degrees 15 minutes 17 seconds West along said West right of way a distance of 284.17 feet to the POINT OF BEGINNING. 287 MEMORANDUM Date: May 22, 2013 To: Governing Board Through: Hans G. Tanzler 111, Executive Director or Elwin C. Boynton Jr., Assistant Executive Director From: Robert A. Christianson, Director Division of Operations and Land Resources May 30201? 7:5G AM W ucdy 0cynmi May 28 2043 357 PM f Robe„ C-h� s anon Subject: Approval to sell the Block property, LA2001-029-P1, approximately 32 acres, to Indian River County, pursuant to the 2012 District Lands Assessment Implementation Plan RECOMMENDATION Approval to sell the Block property, LA2001-029-P1, approximately 32 acres, located on the Indian River Lagoon, to Indian River County, Florida: 1) Determination by the Governing Board that the Block property, LA2001-029-P1, is no longer needed for conservation purposes as required by Section 373.089, Florida Statutes, and Article X, Section 18 of the State Constitution, requiring a two-thirds vote of the Board; 2) Approval to execute and deliver a Quit Claim Deed for the Block property, containing a fee reverter provision, from the District conveying approximately 32 acres to Indian River County, Florida; 3) Approval to accept a perpetual Conservation Easement for the Block property, from Indian River County to the District: and 4) Authorization to execute and deliver any other documents and affidavits as may be required for this transaction. BACKGROUND In December 2012, the District's Governing Board approved the 2012 District Lands Assessment Implementation Plan (`the Plan"). The Plan identifies 32 acres in Indian River County, known as the Block property (LA2001-029-P1), as property to be sold to the County with a conservation easement in favor of the District and provisions for title to revert back to the District if the terms of the easement are violated (a fee reverter). The Block property consists of two separate parcels located on the western shore of the Indian River Lagoon, between Sebastian and Vero Beach, in Indian River County. The District purchased the property from The Nature Conservancy (`TNC") in 2003 with a purchase price in the amount of the costs that TNC incurred in order for them to acquire the property ($72,971.79). The eastern portion of the north parcel is currently being managed by the Indian River Mosquito Control District under the terms of a Cooperative Agreement between the 1288 District and the Mosquito Control District for Impoundment Restoration Projects in Indian River County. DISCUSSION The District and the County have tentatively agreed to a conveyance of both parcels of the Block property, pending Governing Board and County Commission approval. The terms of the conveyance are as follows: 1. The District will sell the Block property (approximately 32 acres) to Indian River County, subject to a perpetual conservation easement and a provision for title to revert back to the District should the terms of the conservation easement be violated. 2. The sale price of the Block property to Indian River County is $85,743.09, the District's costs to acquire the property in 2003 (purchase price of $72,791.91, plus cost of survey, title insurance, ESA update and recording). 3. The County intends to donate the property to the Indian River Land Trust, subject to the terms of the conservation easement and fee reverter provisions, and provided the Indian River Land Trust provides funds to the County for the purchase price of the property. 4. The eastern area of the north parcel of the property will continue to be managed by the Indian River Mosquito Control District pursuant to terms similar to the Cooperative Agreement between the District and the Mosquito Control District for Impoundment Restoration Projects in Indian River County. 5. The District shall retain the right to monitor water quality and/or water levels on the property, including the right to install wells and monitoring equipment in the future. The general terms of the conservation easement are summarized on the attached outline. The conveyance shall be made pursuant to Section 373.056, Florida Statutes, that provides for transfers of ownership of District properties not required for District purposes to governmental entities, under such terms and conditions as the Governing Board may determine. For title to the property to be conveyed to the County, it is necessary for the District's Governing Board to make the determination that the lands are no longer needed for conservation purposes, requiring a vote of two-thirds of the Governing Board, pursuant to Section 383.089, Florida Statutes, and Article X, Section 18 of the State Constitution. The conservation purposes of the property will continue to be protected through the conservation easement to be placed over the property in favor of the District, as described in the attached outline, and the provision for title to revert back to the District if the terms of the easement are violated. Proceeds from the sale of the Block property will be used for future District land acquisition projects. LAW 1289 CONSERVATION EASEMENT OUTLINE BLOCK PROPERTY INDIAN RIVER COUNTY, FLORIDA Grantor = Indian River County Grantee = St. Johns River Water Management District ("SJRWMD") • DUTY OF CARE — Grantor shall have continuing duty of care to carry out the intent and purpose of the easement. • PROHIBITIONS AND RESTRICTIONS ON GRANTOR'S USE • The Property shall remain, as nearly as practicable, in a natural state, recognizing that in addition to management for conservation purposes: ➢ the Property may be managed for resource-based public recreational purposes, subject to limitations on construction, clearing, paving and signage; ➢ the eastern area of the north parcel will continue to be managed by the Indian River Mosquito Control District pursuant to terms similar to the Cooperative Agreement between the District and the Mosquito Control District for Impoundment Restoration Projects in Indian River County; ➢ Grantor shall not plant and shall use reasonable efforts to remove and control Invasive Exotic species on the Property. • All improvements to the Property shall be of such a nature and extent that will be compatible with the natural hydrological, archaeological and ecological value and characteristics of the Property and that will conserve and protect the plant and animal community, and maintain or improve the water quality. • Any use and development of the Property shall be limited, as far as practicable, to those uses and development which are specifically reserved by Grantor and which purposes do not conflict with the maintenance of the Property in a natural condition. • RIGHTS RESERVED TO SJRWMD: • Enter the land in a reasonable manner and at reasonable times to monitor compliance with the terms of the easement; • If violations occur, enforce the terms of the conservation easement, including requiring restoration of the Property to pre -violation conditions; • Right to monitor water quality and/or water levels on the property, including the right to install wells and monitoring equipment in the future; • Fee Reverter — should the Grantor fail to comply with the conservation easement SJRWMD has the option of requiring the Grantor to transfer ownership of the Property back to SJRWMD. • MAP ATTACHMENTS/Easement Documentation Report • Map of Uplands and Wetlands • Current Land Uses, Roads, Facilities and Structures • ANNUAL COMPLIANCE REPORT -- Grantor will submit an annual report to SJRWMD to certify compliance with the conservation easement and report past year's activities and activities planned for the upcoming year for the Property. • MANAGEMENT PLAN — the Grantor will prepare a management plan for the Property and update it at least as often as is required by SJRWMD's policy for management plan updates (currently every 10 years); the Plan will be subject to review and approval by SJRWMD under the terms of the conservation easement. 1290 Block Property 1291 • MICKTROPER 1292 la AZ COMM UNITY DE tTELOPMENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator FROM: Robert M. Keating, AICP; DATE: June 3, 2013 ommunity elopment Director SUBJECT: Consideration of Acquisition and Disposition of Block Property It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 11, 2013. DESCRIPTION & CONDITIONS In December 2012, the St. Johns River Water Management District (SJRWMD) approved a Lands Assessment implementation Plan. The purpose of that plan was to assess the 618,423 acres of district owned land to determine whether continued ownership of all that land was still necessary. While the principal factor considered in the assessment was conservation value, other factors were considered as well. Overall, the Lands Assessment Implementation Plan calls for 92% of the 618,423 acres of district owned property to be retained by the district. According to the plan, the remaining properties are to be donated to local governments with the district retaining a conservation easement, sold with the district retaining a conservation easement, surplussed for sale/exchange, or retained for alternative uses. Within Indian River County, the SJRWMD owned Block property is designated for sale to the County with the sale price equal to the district's investment in the property and with the district retaining a conservation easement on the property. Located adjacent to the Hobart Landing subdivision, the Block property consists of two tracts which total 32 acres. One of the two tracts is north of 79th Street, while the other is south. Attachment 1 depicts the location of the two parcels comprising the Block property. FR\Community Development\Dse s1 CDADMIIVIAGENDA12013\Conafderarion of Acquisition and Disposition of Block Property 061113.doc 1 102 293 In this case, the district initially proposed that the Block property be declared surplus and sold at market value. When Hobart Landing residents became aware of SJRWMD staff's recommendation regarding the referenced parcels, however, the residents indicated that the properties had been acquired by a former resident and had been intended for conservation. In fact, the former owner had donated the properties to The Nature Conservancy (TNC) with the intent that TNC would maintain the properties for conservation. Subsequently, TNC conveyed the properties to the SJRWMD. Through those various conveyances, there were never conservation easements recorded for the properties. Given the physical characteristics of the properties, district staff found that the properties were not necessary for the district to retain. In response to the district's initial determination, the Hobart Landing Property Owners Association coordinated with SJRWMD staff, Indian River Land Trust (IRLT) staff, and County Community Development staff. The Land Trust became involved because it owns land adjacent to one of the SJRWMD properties. To ensure that the subject properties are protected from development, the Land Trust agreed to take ownership of and to manage the subject properties. The problem with that scenario, however, is that the SJRWMD is required to sell the properties at market value, unless the properties are transferred to a local government. Even with the transfer to a local government, the SIRWMD would require that it be reimbursed its acquisition costs for the properties. ANALYSIS Given the facts stated above, the parties agreed that the best solution to the referenced issues would be for the County to acquire the properties from the SJRWMD for the district's acquisition costs. Those costs are approximately $86,000 and would be paid by the Land Trust. In fact, that scenario is reflected in the adopted Lands Assessment Implementation Plan, which calls for the B lock property to be sold to the County for a price equal to the district's investment in the property. Once the County receives the properties from the SJRWMD, the County would convey the properties to the Land Trust. Through that process, there would be no cost to the County, there would be a conservation easement put on the properties by the SJRWMD, and there would be a County/Land Trust agreement committing the Land Trust to maintain/manage the properties. In terms of state property disposition regulations, Deputy County Attorney Bill Debraal has confirmed that Section 125.38, Florida Statues allows the County to convey the properties to the Land Trust without having to adhere to surplus property requirements. On June 11th, the SJRWMD governing board will consider this matter. At that time, the district will decide whether or not to convey the subject properties to the County. In its report to the governing board, SJRWMD staff is recommending that the district approve the property transfer. F:1Community Developnxnr,UsersICDADMIPIIAGBNDA120131Consideration of Acquisition and Disposition of Block Property 061113.doc 2 103 294 At this point, the Board of County Commissioners must determine whether to acquire the Block property with 1R1 T funding and then convey the property to the Land Trust. It is staff's position that the Board should take that action, since it will result in conservation of the Block property at no cost to the County. If the Board of County Commissioners and the SJRWMD governing board both approve the property transfer, a closing will be scheduled in the near future, and the property conveyance will proceed. RECOMMENDATION Staff recommends that the Board of County Commissioners approve County acquisition of the Block property with Indian River Land Trust funding and approve conveyance of the Block property to the Land Trust with conditions that the Land Trust manage/maintain the property. Staff also recommends that the Board of County Commissioners authorize the chairman to execute any property transfer documents and authorize County staff to take any necessary actions to facilitate the property transfers. Attachment: 1, Location Map Indian River Co. Agved Date Admin. 11111'/11WANMI .rt 6 • .r I'D ifIZIEIMIIMIPl, Bud et1rali De t. WAIMING411 Risk M . 111111111 F:1Canmunity DevelopmenAUsets‘CDADMiMAGFA1DA120131Consideaation of Acquisition and Disposition of Block Property 061113.doc 3 104 295 Attachment 1 115 296 years; (3) authorized the Chairman to execute the Agreement on behalf of the County; and (4) authorized staff to apply for a "Small -Scale Spoil Island Restoration and Enhancement Grant" from the Florida Inland Navigation District for cost -share of improvements to Boat Club Island. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.A.2. CONSIDERATION OF ACQUISITION AND DISPOSITION OF BLOCK PROPERTY Community Development Director Robert Keating recapped his memorandum dated June 3, 2013. He provided background, conditions, and analysis regarding: (1) the Lands Assessment Implementation Plan and the Block property, which consists of two district owned parcels (comprising about 32 acres — located adjacent to the Hobart Landing Subdivision) that are no longer necessary to serve St. John's River Water Management District's (SJRWMD) mission; (2) the County's consideration to acquire the two parcels from SJRWMD; and (3) the process of conveying the Block property to the Indian River Land Trust (IRLT) with conditions that the IRLT manage and maintain the property so a conservation easement could be put on the properties by SJRWMD, at no cost to the County. He pointed out that Section 125.38 of the Florida Statutes allows the County to convey the properties without having to adhere to surplus property requirements. The Board sought and received information regarding staffs proposal, incurred expenses, and the sale of the property without the conservation easement. Director Keating informed the Board that the northern parcel has a mosquito impoundment at the east end, and SJRWMD has an agreement with Mosquito Control to manage it when the property is conveyed to IRLT. June 11, 2013 14 297 Ralph Monticello, Director of Land Protection, Indian River Land Trust, spoke about other cooperative ventures, and informed the Board that IRLT has a public entity on the property north of the northern -most property, and they intend to use the Hobart Landing neighbors as volunteers to work in cooperation with managing the property. John Lambert, President of the Homeowners Association (HOA) at Hobart Landing Subdivision, provided history of the property and conveyed that the HOA is happy to join the IRLT partnership to keep the property in conservation, and encouraged the Board to support the acquisition of the Block property. MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to approve staff's recommendation. Ken Grudens, Executive Director, Indian River Land Trust, thanked the Board for their partnership, and commented on how fruitful the collaborations have been. The Chairman CALLED THE QUESTION and the motion carried unanimously. The Board: (1) approved the County acquisition of the Block property with Indian River Land Trust funding; (2) approved conveyance of the Block property to the Land Trust with conditions that the Land Trust manage/maintain the property; (3) authorized the Chairman to execute any property transfer documents; and (4) authorized County staff to take any necessary actions to facilitate the property transfers, all as recommended in the memorandum dated June 3, 2013. 12.B. EMERGENCY SERVICES - NONE June 11, 2013 15 298 This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1426 ASSIGNMENT OF MAINTENANCE RESPONSIBILITY THIS ASSIGNMENT, made this day of , 2014, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, "County", whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, to INDIAN RIVER LAND TRUST, INC., a Florida nonprofit corporation, "Land Trust" whose mailing address is 80 Royal Palm Pointe, Suite 301, Vero Beach, Florida 32960. WHEREAS, St. John's River Water Management District has declared two parcels of property °the Block Property" to be surplus property and has conveyed them to the County; and WHEREAS, the Block Property is encumbered with a Conservation Easement that sets forth certain maintenance obligations on the property; and WHEREAS, the County has conveyed the Block Property to the Land Trust and the Land Trust will maintain the Block Property together with other adjacent property owned by the Land Trust; and WHEREAS, the Land Trust accepts this Assignment of Maintenance Responsibility required by the Conservation Easement. WITNESSETH that the County, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the Land Trust, receipt whereof is hereby acknowledged, has assigned to the Land Trust, its successors and assigns forever, the maintenance obligation over the described land lying and being. in Indian River County, Florida: See Exhibit "A" attached hereto and made a part hereof. The Indian River Land Trust Inc. hereby accepts assignment of the maintenance obligations and to manage and maintain said property at its sole cost and expense in accordance with the Perpetual Conservation Easement to St. Johns River Water Management District recorded in Book , Page of the Public Records of Indian River County, Florida. APPROVED AS TO FO ANO t GAL UFFC BY a . �... WILLIA l( 0 BRAAL DEPUTY COUNTY ATTORNEY 299 IN WITNESS WHEREOF the Land Trust has caused these presents to be executed in its name by its Board the day and year aforesaid. WITNESSES: INDIAN RIVER LAND TRUST, INC. By: Witness signature Printed name: Printed name: Title: Witness signature Printed name: STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2014, by , as of the Indian River Land Trust, Inc. who executed same on behalf of said entity and with the authority of, who is personally known to me or produced as identification and did not take an oath. Notary Public, State of Print Name of Notary Public 2 300 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1 The South One Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 39 East, LESS the West 312.96 feet thereof. Said land lying and being in Indian River County, Florida. TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 31 South, Range 29 East, Indian River County, Florida. The above Parcel 1 being more particularly described as follows: Begin at the Northwest corner of Heritage Trace at Hobart as recorded in Plat Book 15, page 37 of the Public Records of Indian River County, Florida; thence N 89° 56' 27" E, along the North line of said Heritage Trace at Hobart, the North line of Hobart Landing Unit I as recorded in Plat Book 7, page 45 of the Public Records of Indian River County, Florida and the North line of Hobart Landing Unit 2, as recorded in Plat Book 7, page 46 of the Public Records of Indian River County, Florida, a distance of 1946.44 feet to the approximate mean high water line of the Indian River; thence along said approximate mean high water line the following 4 courses; (1) N 540 11' 39" W a distance of 204.41 feet; (2) thence N 34° 03' 22" W a distance of 8923 feet; (3) thence N 30° 30' 07" W a distance of 75.32 feet; (4) thence N 33° 46' 11" W a distance of 85.74 feet to the intersection with N line of the South % of the North 40 rods of the South 60 rods of Government Lot 3 of Section 34, Township 31 South, Range 39 East; thence S 89° 56' 27" W along said North line of the South 'A a distance of 1985.58 feet to the East line of West 312.96 feet of said South 'A; thence S 00° 58' 27" W along said East line a distance of 330.05 feet to the South line of said South 1,,4; thence N 89° 56' 27" E along said South line a distance of 346.39 feet to the Point of Beginning TOGETHER WITH an easement for ingress and egress over the South 60 feet of the West 312.96 feet of the South Half of the North 40 rods of the South 60 rods of Government Lot 3, Section 34, Township 3.1 South, Range 29 East, Indian River County, Florida. PARCEL 2 Commencing at the Southwest comer of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 90 degrees 00 minutes 00 seconds West along the South 301 line of Township 31 South, a distance of 49:86 feet; thence run North 00 degrees 19 minutes 48 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 19 minutes 48 seconds East along said West right of way a distance of 393.77 feet to the POINT OF BEGINNING; thence leaving said West right ofway run North 24 degrees 37 minutes 10 seconds West a distance of 649.01 feet; thence run North 00 degrees 19 minutes 30 seconds East a distance of 323.05 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence run North 89 degrees 59 minutes 30 seconds East along said North line a distance of 981.63 feet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 07 minutes 49 seconds East along said right of way a distance of 674.09 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, ail of the Public Records of Indian River County, Florida; thence run South 89 degrees 59 minutes 21 seconds west along said North right of way a distance of 954.46 feet to a point on the West right of way of said York Street; thence run South 00 degrees 19 minutes 48 seconds West along said West right of way a distance of 284.25 feet to the POINT OF BEGINNING. The above Parcel 2 being more particularly described as follows; Commencing at the Southwest corner of Government Lot 4, Section 34, Township 31 South, Range 39 East, run North 89 degrees 57 minutes 27 seconds West along the South line of Township 31 South, a distance of 50.00 feet; thence run North 00 degrees 15 minutes 17 seconds East a distance of 25.00 feet to a point on the North right of way of Hobart Road (77th Street), said point also being on the West right of way of York Street, a 50.00 feet wide right of way per Official Records Book 200, Page 275, Public Records of Indian River County, Florida; thence run North 00 degrees 15 minutes 17 seconds East along said West right of way a distance of 393.71 feet to the POINT OF BEGINNING; thence leaving said West right of way run North 24 degreei41 minutes 21 seconds West a distance of 648.96 feet; thence run North 00 degrees 14 minutes 56 seconds East a distance of 323.03 feet to a point on the North line of Government Lot 5, and Government Lot 4, Section 34, Township 31 South, Range 39 East, thence nm North 89 degrees 55 minutes 01 seconds East along said North lino a distance of 981.51 fbet to a point on the West right of way of Indian River Boulevard, said right of way being 75.00 feet wide; thence run South 21 degrees 12 minutes 04 seconds East along said right of way a distance of 674.17 feet to a point on the North right of way of York Road, said right of way being 50.00 feet wide per Official Records Book 30, Page 145; and Official Records Book 3, Page 573, all of the Public Records of Indian River County, Florida; thence run South 89 degrees 55 minutes 03 seconds west along said North right of way a distance of 954.39 feet to a point on the West right of way of said York Street; thence run South 00 degrees 15 minutes 17 seconds West along said West right of way a distance of 284.17 feet to the POINT OF BEGINNING. 302 Attorney's Matters - B.C.C. 03.08.14 Office of INDIAN RIVER COUNTY ATTORNEY I3 - 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 O DATE: April 1, 2014 SUBJECT: Code Enforcement Board Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the unexpired term for the "Member -at -Large" vacancy on the Code Enforcement Board, which term expires in January 2017. The vacancy has been advertised on the County's website and on Channel 27 since January 27, 2014. In that time, David Myers, II made application for this position, and is a qualified candidate. Mr. Myers' resume is available for review in the Commissioners' Front Office area. RECOMMENDATION. The County Attorney recommends that the Board consider Mr. Myers' resume and, if the Board deems appropriate, appoint Mr. Myers to fill the unexpired term for the "Member -at -Large" vacancy on the Code Enforcement Board. APPROVED FOR APRIL 8, 2014 B.C.C. MEETING — ATTORNEY'S MATTERS COUNTY ATTORNEY n1:%GENER41.18 C CAgnAnd lnamiCoo 6mtt V'awncy (CEB) Ldncr 303 W Indian River Co. A .roved to Admin." q a Co. Atty. f 1 Budget Dept. Risk Mgr. - --- i 303 County Attorney's Matters - B, C. C. 04.8.14 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 p(1" DATE: April 2, 2014 SUBJECT: Resolution Concerning All Aboard Florida BACKGROUND. On April 1, 2014, after a report from Community Development Department and an update from Commissioner Solari, the Indian River County Board of County Commissioners (the "Board") voted to urge any donor agency to require All Aboard Florida to pay for the costs of All Aboard Florida, including quiet zones and corridor improvements, and that no governmental assistance should be provided, be it in the form of loans, infrastructure or right-of-way, at less than market rates. The Board authorized the County Attorney's Office to draft a resolution setting forth the Board's position. Pursuant to that authorization, the County Attorney's Office has drafted the attached resolution. The resolution also requests that a certified copy of the resolution be provided to the Governor Rick Scott, the Federal Rail Administration and any state, local or federal agency which intends to offer support for All Aboard Florida. FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote whether to accept the resolution as drafted or amend the resolution. Approved for April 8, 2014 BCC Meeting County Attorney's Matters COUNTY ATTORNEY P.1AnerweylLiwialGENEIRALIB CCuredcAfeeraWlAboard Flaldada' 304 Indian River Co. Appred Date Admin. •s' !/ a Co. Atty. 'i}. Budget f � 4 Department r3 / L/i? Risk Management 304 Board of County Commissioners April 2, 2014 Page Two ATTACHMENT(S). Proposed resolution. DTR:LAC F. uee.,ney1Li.4.iG NERALIB C CUgnda HewOeUlfAloan Aknandoe 305 RESOLUTION NO. 2014- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, URGING ALL POTENTIAL DONOR AGENCIES TO REQUIRE ALL ABOARD FLORIDA TO PAY FOR ALL COSTS OF ALL ABOARD FLORIDA, AND THAT ANY GOVERNMENTAL ASSISTANCE SHALL BE PROVIDED AT NO LESS THAN MARKET RATES; AND DIRECTING CERTIFIED COPIES OF THIS RESOLUTION TO BE PROVIDED TO ANY APPLICABLE DONOR AGENCIES. WHEREAS, All Aboard Florida, a subsidiary of Florida East Coast Industries, is proposing to provide passenger rail service between Miami and Orlando that will run through populated areas of Indian River County, including Vero Beach, Sebastian, and the communities of Gifford, Roseland, Wabasso and Winter Beach; and WHEREAS, at first, such passenger rail service was touted as being provided by a private company, using solely private resources; and WHEREAS, it is now understood that the passenger rail service is being proposed to be funded by a Railroad Rehabilitation & Improvement Financing (RRIF) Program loan of up to potentially $1.5 billion from the Federal Rail Administration an agency of the United States federal government; and WHEREAS, it is now also understood that the State of Florida is proposing to spend $215 million for a new rail station at the Orlando International Airport to serve All Aboard Florida; and WHEREAS, there are a total of 32 railroad crossings within Indian River County and 352 rail crossings in the region, and local governments, such as Indian River County, will bear the maintenance costs of upgraded railroad crossings and the costs of installing and maintaining any quiet zones; and WHEREAS, instead of being a passenger rail service provided by a private company, using solely private resources, it is now clear that a significant portion of the financial burden of this passenger rail service is actually going to be borne by the taxpayers through assistance from the federal, state and local governments; and WHEREAS, the Board of County Commissioners of Indian River County implores any donor agency, including the Federal Rail Administration and any other federal agency and the State of Florida and its agencies, to require All Aboard Florida to pay for the costs of All Aboard Florida, including quiet zones and corridor improvements, and that there shall be no governmental assistance, be it in the form of loans, infrastructure or right-of-way at less than Page 1 of 2 KlimonrylLimio1GEIVERALIReashricas 0iw...4lRnd•6a lolaMoon,DorlbResaAMonabc 306 RESOLUTION NO. 2014 - market rates, as such support would put the risk of the passenger rail service on the backs of the taxpayers, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board. Section 2. The Board of County Commissioners of Indian River County urges any donor agency, including the Federal Rail Administration and any other federal agency and the State of Florida and its agencies, to require All Aboard Florida to pay for the costs of All Aboard Florida, including quiet zones and corridor improvements, and that there shall be no governmental assistance, be it in the form of loans, infrastructure or right-of-way at less than market rates, as such support would put the risk of the passenger rail service on the backs of the taxpayers. Section 3. A certified copy of this resolution shall be provided to the Governor Rick Scott, the Federal Rail Administration and any other state, local or federal agency which intends to offer support for All Aboard Florida. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Peter D. O'Bryan Vice Chairman Wesley S. Davis Commissioner Joseph E. Flescher Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this day of April, 2014. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA By: By: Deputy Clerk Peter D. O'Bryan, Chairman EWmrmylDATIOEVERALY9em7.la. d OrammoraVkmMa lAllAioardFlorid,Arsobolosdx BCC approval date: April , 2014 Approved as to form and legal sufficiency: Dylan Reingold, County Attorney Page 2 of 2 307 BCC AGENDA April 8, 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 2, 2014 SUBJECT: Hearing Assistance at BCC Meetings FROM: Commissioner Bob Solari Indian River County has an older population, which is very interested in what its government does. Many of our citizens have suffered a hearing loss, which makes it difficult to hear all that goes on at commission meetings. One resident has suggested that the County get hearing devices for commission meetings so those with hearing difficulties can get as much as possible out of each meeting. I would like to see if the Commission would like to direct staff to research the possibility of hearing devices for use in the chamber, get an estimate of their cost and develop a protocol for their use. Thank you. 308 Thursday, March 27, 2014 8:58:23 AM ET Subject: sound system Date: Wednesday, March 26, 2014 5:00:45 PM ET From: Deborah S Ecker To: Joe Baird CC: Bob Solari Dear Joe, A few weeks ago I spoke to you about the possibility of your audio technicians exploring the possibility of adding individual hearing devices to their system. For quite some time now I have had difficulty hearing both people testifying before the Commission and Commission members. Hoping to conquer the problem I put myself in a front row. Now I also use a CVS hearing device. This helps but is far from adequate. For most of my activities I do not need hearing aids so have postponed that nuisance and expense. It is lectures and hearings, when I have my hearing troubles. In area churches, the Museum of Art and Riverside Theatre I can use hearing devices they have available. I have looked these up on the Internet, thinking I might be able to buy one, (they're not expensive) but learned that they only work in places where there is a general microphone system. The Commission's chamber would quality. Our county demographics lean towards the senior citizen, and hearing decline, sadly, is a common condition. I would appreciate your help on this. Thank you, Debby Ecker A further thought: Churches and the Museum trust hearing assistance borrowers. The theatre requires a deposit. Perhaps the Commission could make them available at an office and go either way, possibly using a sign out system. Page 1 of 1 309 Emergency Agenda Item BCC AGENDA April 8, 2014 ITEM 14.D(2) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 7, 2014 SUBJECT: All Aboard Florida (AAF) FROM: Commissioner Bob Solari All Aboard Florida is speeding down the tracks without the information necessary to make a rational decision about the project having been provided to our residents or the elected officials who represent them. Money is evidently being proposed in this years State budget. I would like to discuss sending a letter to Senator Negron, Representative Mayfield and Governor Scott, asking that any funding for the project be delayed for one year. An example of the type of letter requested is attached. Also attached are copies of petitions received Friday from Vista Royale in opposition to AAF. Thank you. 3 9.1 q.'8.101L] Senator Joe Negron 412 Senate Office Building 404 South Monroe Street Tallahassee, FL 32399-1100 Re: All Aboard Florida Dear Honorable Joe Negron, The Board of County Commissioners of Indian River County is concerned that the State of Florida will be funding the proposed All Aboard Florida project which will be negatively impacting the citizens of Indian River County, St. Lucie County and Martin County without giving the public a better opportunity to understand the issue. At this time very little information has been made available to the residents and elected officials of Indian River County about the project. Because so little information has been made available there is a great deal of speculation about the finances of the project, the financial burden that it will place on taxpayers at the Federal, State and local levels and most importantly the damage that the project may do to the health and safety of our communities. Given this, the Board of County Commissioners is asking that you remove any funding for quiet zones and for the proposed Orlando Terminal from this years budget. This will give our communities the time to understand the project and hopefully get the information that they need to have a rational basis to either give or withhold their support for this project. We believe that this delay, necessary for elected officials to perform their due diligence is the right thing in a free society such as ours. In what is supposed to be an open and transparent society our residents and elected officials should have all available information available to them, before elected officials at any level provide any support for what we were initially told was to be a private project paid for with private funds. Again, because of the complexity of the issue, the Indian River County Board of County Commissioners respectfully requests that the State of Florida strike any potential funding for the All Aboard Florida project from the current budget to allow time for the public to fully understand the ramifications of this proposal. We are looking forward to your support on this issue. 309 41101 jia Royale April 1, 2014 Commissioner Robert Solari Indian River County Commissioner, District 5 Indian River County Administrator's Office 1801 27th Street Vero Beach, FL 32960 Dear Commissioner Solari: RECEPVED APR 0 4 2014 BOARD OF COUNTY COMMISSION Please find enclosed a signed petition from many of our residents at Vista Royale in opposition to the All Aboard Train. Vista Royale is located across U.S. 1 from the railroad so the noise from the train and the crossing blasts will create a negative environment for our residents and affect the value of this property. Your efforts are appreciated in trying to find a resolution to this situation which will not only affect the residents of Vista Royale but all residents of Vero Beach. Thank you. Sincerely, 0114441_14-1) Mary Jo Erdwein Community Association Manager Enclosures 400 Woodland Drive • Vero Beach, Florida 32962 • Telephone (772) 569-1433 • Fax (772) 569-1477 Lo19 19.D2. 349.5 4-8.1tt RIDA NOT ALL ABOARD 14..o.2. PETITION TO ROBERT SOLARI int Address 65 Co oLAXPAP VC= ci fir Sfa.0 16 's-iPits-i c.15 Ee/9474 /6‘R664144)-:-1/,,e4-t- 6 if 0 LAr I4 L 57 Woco' (6606 a\ --VCI 543.1771 C6kleefborki}P17r/ 6)7 064..k-vr. 1;;'C cy: wvrtycotef pi-, ij/(i aiedeti' raiocJ 912 co 0 onor,(J7) 167/. 71 -fop Vego CAS°04 69'1110 04- NIt>14.3 1 OCZak_ U f' 4-- 3 a 5'6 L- 46 c.t, Dt__4 it,t foHtliftVglejnti7 Vis/zi iqh-n LI) is`,07 y4il, Aiikao cit Vere, ge_Aci IL3l9c 4,2 14W t- Del Vego &nem.) F1 86 Crooka fri.-e-e_ in 20 I /titexis ver. peack Signature 6a, 2 3 9- FLORIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI Printed Name Print Address riww .Eve-reas ote (-Too kg-chre 'TB eArto9L orct 3141.) 5hipwtJ v‘E FL -7g ko4y/e46'AR L EN -511/1+111ff V E. 3-202 /6, S, S T-7 /;)-71/ / C 6, o"'l• ),1/Att t, /, • /1;4/ -7 -.4 ), , / Ai, c ( - 0 ? . c („1fi Signature L / • • 4 / DRIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI ie Print Address 9 t C2c Tk-wC uy' 3 n ' i lt9 R AJL 1 02475 6" -ed- C✓c R SOciCT �rtl�ock+nv+a o1955ebCRc—LE" a�r►rn,rs V6yi/04��0s 1 L k-fif f- AsVo to cfolt, 7(-1-ri g /4177f G/Zz- 6- 4 /0 7 c'err/ UiVi1 /07 yq 3 3; 31 33. ORIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI Print Address 13 k9 6 6LQ b Ly YL - f • Signature ilk NW' ‘11 1417-,14 4 ----), V cs xN\rN (Th 3 v t (-,37 /?I 6A5/74L (1'/7A/ 3MI/V/)A/tiC CET /../7•••,2_1 , D ( 11 L. -,(7)( 1/ )3_ 1,, i \ c f LP,,At. (01 671 c cl iTe'y t-1 61,0( 1 - 41 44 4 41 4 , RIDA NOT ALL ABOARD ETITION TO ROBERT SOLARI Print Address Sjgnature ge6 if? --;0;? lits7x gept4 agv. /63 INIA fYi ),y1`- R.10.7 rtJ)-6-e e lilt L' C)e”, l}kr2 5 c • (i ,4(.$ 61 5' 06 lc/ c›,E,rififeis ..rt1/76;414.47 7 6 -/'3 Ihitg %/tic- -3-1? -Atet 6641464io 31Ar64-14 - JaadtItt. V,s-r, 2.03 41_,L. gi 67,61-01, `1 -7 - hr, tc ) 'NJ:14,C Ziest- (4( • IDA NOT ALL ABOARD PETITION TO ROBERT SOLARI Signature s / ) 4 2 (17 .7; p t,% //2/!Z cl/J/sew►4 5' 11)00d/a-r,d a� LA 1V36 r 1 S' ?Az h L/4//./ I 3 rt Al 1(6 s fi9no✓ 3��tiK�", 72, („//1-&;-4,-; FLORIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI 'rinted Name Print Address Signature Ai h./Z-1/7-1/060,c 15" I, II -170 I'1141 1,114 Z2-4/1_ ,Li? majtoJ w Li #177i6 -c-,7 1-)-n4epO, 4' re7 -2 ill/ (1 1 -2 / 2II' , . / 10- 61CP TY:e&tez,..y' )(, 4 RAD/s , e'N/4J /0 C 2 t DA NOT ALL ABOARD TITION TO ROBERT SOLARI ature i2(60 14)(1-0 txo 5VD.,paLop\ela 1 -94bc 0,0,5N tA,-a tE--- /647104;7 N.‘245 /..SnAktl, 1 11 sili 14GtAec-rc °6 Bttt . A- r/ ot 4' Piinf At-bor-? 1t4., L . ._ . ' (' -2): 11 ; c I/ d IN L ( 6 i'•/ II/ /IA / /41 44,..--- ' I. Jr E • „„k:"1 Lv ck4 10 el 601 1 042 / FLORIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI 'rinted Name Print Address :‘-to c -ccs 1-1 4 wricil>,,,A.1\i Vt2„ Signature / tel•-•" )tsi,, &tit kaa-rethuis 13ji /g n 2-A tiz- (-)1\:vsvf-rweltAc& ,L vv e / -2 fry) lbe_cie.- -42 /it le(„4.4 - ' • *- 1(76 WO- n 3 t-rmil(a-A.,,,i 6(11 e 11.177tit e ee? , tt, IttN',',r.ri 0 (3:1 It/ .14 (DI, to- iv4 tsi 1 j 4 IDA NOT ALL ABOARD PETITION TO ROBERT SOLARI Tint Address Signature 1:113 J(•fI y t? 9460.. °� Vz2 ft' / t / t y/f/Z5 5 c t� p /� /y �' ►%,�t� /St pt 6F - ie --Ga` , ,yr- a =t3` i' 4A/v/--;i' eart-i /140Z `;',;"/ t-k) ('A,tiiik age:- :.3 I /i,vZ---4e c.e An t P9 t yi t'4' 1;S � L if r 27 1Z8 2-9 / 3D /3/ FLORIDA NOT ALL ABOARD PETITION TO ROBERT SOLARI rinted.Name Print Address Signature 44.1-62t) PK P PAm III 4c?.41/,1[,,,,, 46 lt () e To 6PA,,%e 7 // • 7 7//7.c_ r (A) 33 1341 1310 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: To: From: March 29, 2014 Joseph A. Baird, County Administrator Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District '111. Subject: 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.R. 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 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 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(s): 1) Work Order No. 1— Kessler Consulting, Inc. APPRO D FOR AGENDA: By: rata JY ax -1 sepCounty ti A. Baird,Administrator F Indian River Co. Approved Date Administration �� ff l f�C3) i Legal Budget Iti .d' f jswop 3 3! i SWDD-Finance ()p4J 3- ''i Purchasing SWDD Agenda - WO No 1 Kessler Consulting for Solid Waste Procurement Services Page 3 of 3 312 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT CONTRACT FOR SOLID WASTE SERVICES WORK ORDER NUMBER 1 AUTHORIZATION FORM Date: , 2014 Subject: Solid Waste Procurement Services Scope: A detailed Scope of Work is provided in Exhibit A. Schedule: To be completed as detailed in the attached Scope of Work. Fee: Time -and -materials basis not to exceed $76,090 as detailed in Fee Schedule in Exhibit B. IN WITHNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. AUTHORIZATION: CONSULTANT BOARD OF COUNTY COMMISSIONERS Kessler Consulting, Inc. OF INDIAN RIVER COUNTY By: Tide: President By: Peter D. O'Bryan, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: h A 6-i ) =A. Baird, County Administrator Dylan T. Reingold, County Attorney 14620 N. Nebraska Ave., Bldg. D, Tampa, FL 33613 1 Tel: 813.971.8333 1 Fax: 813.971.8582 1 www.kesconsult.com PM\WORK ORDER 1 Scope 313 kessler consulting inc. innovative waste solutions EXHIBIT A — WORK ORDER NO. 1 SCOPE OF WORK FOR SOLID WASTE PROCUREMENT SERVICES SCOPE OF SERVICES The purpose of this scope is to assist Indian River County (County) in procuring solid waste collection services and to provide additional solid waste technical assistance to the County as requested. The County's existing exclusive residential and commercial solid waste collection franchise agreements expire September 30, 2015. In addition, several municipalities have expressed interest in joining the County's solid waste collection franchise. This scope of services includes three tasks. Task 1 encompasses the procurement process, award of new franchise agreements, and assistance with the service transition should new service providers or a new service level be selected by the County. Task 2 involves meetings with the five municipalities and developing a strategy for working cooperatively with them to ensure the future viability of the County's solid waste management system. Task 3 encompasses additional technical services as requested by the County. KCI will work interactively with County staff throughout the entire project. Task 1— Service Procurement County Ordinance (§204.11) specifies the use of a Request for Applications (RFA) process when seeking vendors for a new solid waste franchise. KCI will work with County solid waste, purchasing, and legal staff to ensure the procurement follows these procedures, as well as to ensure it meets the needs and objectives of the County. Provided below are the anticipated Task 1 subtasks and activities. Subtask 1.1— Procurement Strategy • Participate in a project kickoff meeting with County staff to discuss and clearly define the County's goals and objectives during the procurement process and in the next franchise agreements. KCI suggests that County legal staff participate in the call to ensure the process utilized complies with County Ordinance. • Discuss with County staff 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. • Discuss with County and municipal staff the inclusion of the City of Fellsmere and the Towns of Indian River Shores and Orchid in the procurement process, or as parties to the final agreement. • Participate in meetings with the County Administrator, County Commissioners, and municipal staff as appropriate, to discuss the upcoming service procurement, trends, technologies, and service options. 14620 N. Nebraska Ave., Bldg. D, Tampa, FL 33613 [ Tel: 813.971.8333 1 Fax: 813.971.8582 1 www.kesconsult.com f'h1\WORK ^pe 314 Scope of Work for Solid Waste Procurement Services 13/21/2014 Page 2 of 5 • Participate in a Town Hall meeting with County staff, stakeholders, and other interested parties to gather public input and discuss service options for inclusion in the RFA. • Assist County staff in defining which service options to include in the RFA. Subtask 1.2 — RFA Development • Based on the results of Subtask 1.1, develop the draft RFA including technical specifications, evaluation criteria, and price form. If the County has a template for an RFA document, KCI will follow this template and incorporate the technical information and language. • Develop a draft franchise agreement for inclusion in the RFA. We have found that inclusion of a draft agreement as part of the procurement document helps to minimize the time needed for contract negotiations once vendors are recommended for award of a franchise. • Revise the draft RFA and franchise agreement based on County staff comments. This scope includes up to two rounds of comments. • Prepare a list of potential vendors to be notified when the RFA is published. Subtask 1.3 — Pre -Application Meeting and Addenda Preparation • Provide technical support and assist with responding to questions during a pre -application meeting. • Review any written questions or comments received by the County regarding the RFA. • Assist in drafting any necessary addenda in response to questions. Subtask 1.4 —Application Review • Review applications received in response to the RFA document for completeness, ability to meet any specified minimum qualifications, and price. • Prepare a summary sheet of price submissions. • Provide technical support to County staff during review of the applications. • Assist in presenting, as requested, the recommendation for award to County management or the County Commission. Subtask 1.5 — Final Franchise Agreement Negotiation • Assist with finalizing the final franchise agreements with the selected vendors, including participating in meetings and/or calls. • Revise the franchise agreements to reflect services options chosen by the County Commission. • Assist in presenting, as requested, the final franchise agreements to County management or the County Commission. Subtask 1.6 — Service Transition If the County selects a different level of service or service provider, ensuring a smooth transition will be critical to the outcome of the project. The activities needed during the transition period will depend on the outcome of the procurement, but may include the following activities. • Participate in transition meetings and calls with County staff, municipal staff, and the franchisee(s). ;Mtpvative waste soIi,den )Rlc VR?1 4 1 315 Scope of Work for Solid Waste Procurement Services 13/21/2014 Page 3 of 5 • Assist in developing and monitoring a schedule for meetings/calls and a punchlist for activities leading up to and following the service start date. • Review and provide comments on the incoming franchisees' mobilization plan, and monitor the company's compliance with the plan. • Review and provide comments on other items provided by the incoming franchisee(s), such as reporting forms, non -collection notice, and customer outreach materials. • Review and provide comments on the County's public outreach and education plan and materials relating to the transition. Task 2 — Municipal Meetings and Coordination KCI will assist the County in meeting with all five municipalities and developing a strategy for working cooperatively with them to ensure the future viability of the County's solid waste management system. Such assistance might include, but would not be limited to, the following: • Develop a summary sheet of the solid waste services currently provided by the County to the municipalities. • Develop an agenda for meetings with the municipalities that includes, but is not limited to, the benefits of a Tong -term relationship between the County and municipality, options for formalizing that relationship, waste flow, recycling policies and procedures, County convenience centers, and any concerns the municipalities might have. • Prepare for and participate in meetings with each municipality. For those municipalities that might want to participate in the County's collection procurement, these meetings will be combined with those mentioned in Subtask 1.1 to the extent possible. • Based on the municipal meeting, work with County staff to develop a strategy for formalizing the long-term relationships between the County and municipalities. Task 3 — Additional Technical Services KCI will assist the County with other solid waste technical services as requested. Such assistance might include, but would not be limited to, the following: • Developing a strategy for converting to single stream recycling, if needed, including discussions with the County's current recyclables processor. • Developing an interlocal agreement between the County and municipalities. • Developing any necessary ordinance revisions. • Developing outreach and education materials. • Assisting in evaluating options prior to expiration of landfill operating contract in December 2017. • Assisting in evaluating contractual relationship with INEOS. • Implementing commercial recycling program improvements, which may include conducting business waste assessments, developing outreach materials, networking with municipalities, conducting business workshops, and providing technical support to County staff. • Providing other solid waste technical assistance, as requested. kessler consulting inc. nnovethre waste solutions 316 Scope of Work for Solid Waste Procurement Services 1 3/21/2014 I Page 4 of 5 DELIVERABLES All deliverables will be transmitted electronically. Task 1 Deliverables • Draft RFA and franchise agreement. • Final RFA and franchise agreement. • List of potential vendors. • Draft language for addenda. • Summary of price submissions. • Modifications to franchise agreements based on service options chosen by the County Commission. • Schedule and punchlist for transition. • Comments on franchisees' mobilization plans, forms, notices, outreach materials, and other items as requested. • Comments on the County's public outreach and education plan and materials. Task 2 Deliverables • Summary sheet of County services. • Meeting agenda. • Strategy for next steps. Task 3 Deliverables Deliverables will depend on the specific assistance requested by the County and will be agreed upon prior to initiating work. COMPENSATION AND TIMELINE Because the exact level of effort that will be requested by the County is not known, KCI proposes to conduct all work on a time -and -materials basis for an amount not to exceed $76,090. A budget breakdown by task is provided in Exhibit B; however, KCI will only invoice for the actual time expended. The budget allocation between tasks may shift as the project progresses depending on the actual level of effort required. Services will be invoiced monthly and expenses (e.g., travel) will be billed at cost without markup. KCI will commence assigned work upon notice to proceed and will work with County staff to develop an acceptable timeline for completion of all tasks. KCI appreciates the opportunity to submit this Scope of Work and looks forward to the opportunity to continue assisting Indian River County. kessler consulting inc. innce alive e��asla s^I:,coni \1VORK ON OEi? 1 Sero. - 317 EXHIBIT B - FEE SCHEDULE CLIENT PROJECT NAME PROJECT NUMBER DATE OF ESTIMATE Indian River County, FL Solid Waste Procurement Services 99.90 3/2112014 LABOR CATEGORY 1NAME) HOURLY RATE Task 1 Task 2 Task 3 TOTAL HOURS TOTAL DOLLARS Subtask 1.1 Subtask 1.2 Subtask 1.3 Subtask lA Subtask 1.5 Subtask 1.6 Municipal Meetings Addti Technical Services Procurement Strategy RFA Development Pre -App. Meeting 8 Addenda Application Review Final Franchise Agreement Service Transition Project DlrectorlPrincipal $185.00 24.0 4.0 2.0 4.0 20.0 4.0 24.0 24.0 106.0 $19,610 Project Manager 5140.00 24.0 20.0 16.0 16.0 20.0 8.0 30.0 300 164.0 S22,960 Senior Consultant 8135.00 0.0 4.0 0.0 0.0 0.0 20.0 0.0 0.0 24.0 53,240 Consultant $85.00 6.0 82.0 18.0 22.0 18.0 42.0 0.0 30.0 218.0 518,530 Research Analyst 575.00 16.0 20.0 4.0 8.0 4.0 20.0 16.0 30.0 118.0 58,650 Technical Support $50.00 2.0 6.0 2.0 4.0 4.0 4.0 4.0 2.0 28.0 81,400 SUBTOTAL LABOR (HOURS 72.0 135.0 42.0 54.0 66.0 98.0 74.0 116.0 658.0 574,590 SUBTOTAL LABOR DOLLARS 59,610 $12,550 $4,540 55,650 $8,530 59,830 $10,040 513,540 $74,590 DIRECT COSTS TRAVEL 5500 50 $250 50 $250 5500 50 SO' $1,500 SUBTOTAL DIRECT COST 5500 SO 5250 50 5250 5500 $0 50 51,500 TOTAL PROJECT BUDGET LABOR • DIRECT COST 1 $10,110 I 512,5501 54,790 1 55,6501 58,7501 510,330 1 510,040 1 313,5401 1 576,090 ..012914 Cok.tlorAaudgel kessler consulting, Inc. 318